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Commons Chamber

Volume 765: debated on Wednesday 29 May 1968

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House Of Commons

Wednesday, 29th May, 1968

The House met at half-past Two o'clock

Prayers

[Mr. SPEAKER in the Chair]

Private Business

ROYAL COLLEGE OF ART BILL

Lords Amendments considered and agreed to.

Oral Answers To Questions

Board Of Trade

Aluminium Smelters

1 and 50.

asked the President of the Board of Trade (1) if he will make a statement on the result of Her Majesty's Government's discussions with the Norwegian Government and the European Free Trade Association arising from the decision to site aluminium smelting plants in Great Britain;

(2) if Her Majesty's Government will publish a White Paper giving details of the negotiations and discussions arising from the decision to site aluminium smelting plants in Great Britain.

21.

asked the President of the Board of Trade when he will be in a position to announce his decisions as to the location of the United Kingdom aluminium smelter works; and when approximately work will be started on approved projects.

34.

asked the President of the Board of Trade if he will now announce his plans for the construction of aluminium smelters in the United Kingdom.

46.

asked the President of the Board of Trade if he will make a statement concerning the representations from members of the European Free Trade Association that the use of investment grants, as exemplified by possible aluminium smelters, are in breach of the European Free Trade Association Treaty.

67.

asked the President of the Board of Trade if he will now make a statement on the construction of aluminium smelting plants in Great Britain.

Negotiations are still in progress with the British Aluminium Company and the R.T.Z./ B.I.C.C. Consortium about their proposals to erect smelters at Invergordon and Holyhead respectively, drawing power from the public electricity supply system. Planning permission has been sought in both cases.

Alcan Aluminum (U.K.) Ltd. is now applying for planning permission for the construction of a smelter at Lynemouth, near Blyth, of which the first stage would have a capacity of 60,000 tons and which would have an ultimate designed capacity of 120,000 tons. This smelter would draw power from a power station to be erected by the company, using coal to be supplied by the National Coal Board under a long-term contract.

In considering the companies' proposals, the Government have taken careful account of representations made by other governments. There have been full exchanges of views with representatives of the Canadian Government; and, following the discussion at the E.F.T.A. Ministerial meeting, I had talks in Oslo last week with the Norwegian Minister of Commerce and Shipping. The outcome of these discussions was recorded in a communiqué which I will, with permission, circulate in the OFFICIAL REPORT. The United States Government also have made known their views.

Is the right hon. Gentleman aware that this decision will be hailed with delight by all of us in the North-East. I pay tribute to all those who have contributed so much to making the decision possible and I assure them that this opens up a new era in the industrial history of south-east Northumberland.

Can the right hon. Gentleman say whether, if it were not for the 25 per cent. investment grant, it would be economical to build smelters? If the answer is "No", does he not think that this is a subsidy which it ill befits the British people to have to pay?

No, Sir. The level of investment grant open to these companies—which is more than the figure which the hon. Gentleman mentioned, since they are all in development areas— is exactly the same as the level of the investment grant open to any company that chooses to go into a development area, and, therefore, no question of subsidy arises.

May I ask the right hon. Gentleman the reason for the delay in arriving at the decision on the smelter at Holyhead? This matter has been going on for some time, and I should have thought that a decision was now possible.

The hon. Gentleman is quite right, the matter has been going on for some time. But the fact is that we are considering here the creation of an entirely new industry in Great Britain which involves the most intricate questions of regional policy, fuel policy and international policy. Rather than to go as rapidly as possible for what might be a premature decision, 1 think we were right to take the time we need in order to examine the matter with complete thoroughness.

May I ask the right hon. Gentleman what calculation he has made of the savings on the United Kingdom balance of payments from the contribution of these three plants?

We would judge that by the early 1970s it would be in the region of £30 million a year.

Can my right hon. Friend say when a decision will be announced for the other two sites which have been considered for smelters, particularly at Invergordon? Can he say what capacity those plants are intended to have?

Negotiations are going on very actively with the two other companies concerned and, of course, I want a decision as soon as we can reach one. We are working on plans for an initial capacity of 100,000 tons for each of the other two companies.

Will the right hon. Gentleman accept from this side of the House that the pleasure which his hon. Friend the Member for Blyth (Mr. Milne) has expressed will be universally shared in the North-East of England? We welcome the choice of Lynemouth as a great addition to our hopes for the future of the North-East.

Following is the communiqué:

Mr. Kare Willoch, Minister of Commerce and Shipping, had discussions with Mr. Anthony Crosland, President of the British Board of Trade, in Oslo this afternoon on the plans for the establishment of new aluminium smelter production in the United Kingdom. These discussions were undertaken in pursuance of the agreement reached at the recent meeting of the E.F.T.A. Ministerial Council in London.

The Ministers exchanged views on the likely effects of the British plans on Norwegian exports of aluminium to the United Kingdom. It was not possible to reach an agreed evaluation of these effects. Mr. Crosland said that he would discuss the arguments put forward by Mr. Willoch with his colleagues in the British Government on his return to London and would let the Norwegian Government know as rapidly as possible the view of the British Government in the light of the latest discussions. Both Governments would then report to the E.F.T.A. Council.

Companies (Contributions To Political Parties)

2.

asked the President of the Board of Trade what plans he has for further legislation affecting contributions by companies to political parties and groups.

I think that the provision in the Companies Act, 1967, which requires political contributions to be disclosed is sufficient.

I commend Lord Carrington on his success as a director of Hambros Bank, but are not the activities of such companies obtaining money by false pretences, because shareholders have no chance of opting out of such contributions, whereas trade unionists are able to opt out of the levy?

I have a great deal of sympathy with the thinking behind my hon. Friend's Question. However, to enable shareholders to contract out would involve companies in difficulties. There is one way of contracting out, and that is to sell.

Is not the brief answer for the Government to get a Prime Minister better than Lord North?

I understand that companies may make contributions if the contributions can reasonably be regarded as benefiting the company. A board which believes that the economy or the company will benefit from the return of a Conservative Government is allowing optimism to triumph over experience.

Does not my hon. Friend agree that it is quite wrong that shareholders should be forced to make this compulsory levy to the policies of the party opposite, very often by directors who are not appointed on merit but through the "old boy network"? Will he not propose an Amendment to the Companies Act to make contributions to political parties conditional upon votes of the shareholders or special resolutions at annual meetings of the companies concerned?

As I say, there is a way in which shareholders can contract out, and that is to sell. No doubt in deciding whether to sell, they will take account of the record of the company concerned.

Has the hon. Gentleman any further plans, because existing legislation is merely prompting many companies not only to double but to treble their contributions? I think that we ought to be a little cautious about this matter.

As I have indicated, I think that the object, which has been achieved, to make shareholders and the public aware of the activities of these companies, is adequate.

Efta (Motor Vehicle Import Duties)

5.

asked the President of the Board of Trade if he will seek a revision of Article 6 of the Stockholm Convention to prevent member countries of the European Free Trade Association from levying import duties on motor vehicles imported from other member countries, in contravention of the principles of the European Free Trade Association.

Under Article 6 of the E.F.T.A. Convention, Member States are free to apply revenue duties to goods imported from other Member States provided that there is no protective element in such duties. No revision of this Article is at present contemplated. But the current programme of work for E.F.T.A., adopted by Ministers at their meeting in London on 9th-10th May, provides for a review of the extent to which revenue duties could be reduced or eliminated on trade within E.F.T.A.

Is my right hon. Friend aware that these revenue duties, which are up to 30 per cent. in some instances, are import duties, and is this not particularly detrimental to the British and Swedish motor car industries and, for that matter, the whole of E.F.T.A.?

My hon. Friend will be aware that, more than once, we have made representations about these revenue duties, particularly as they affect motor vehicles. Nevertheless, when he refers to a 30 per cent. level, those countries in E.F.T.A. which still have that are all due to reduce it substantially during the course of 1968.

How can we expect sympathy from the members of E.F.T.A. over this matter when we ourselves have resorted to national protectionism for aluminium smelters?

An Hon. Member: Ask them about Norwegian fish.

I asked them about Norwegian fish recently, because I have a strong constituency interest in fish. However, I do not think that anyone who considers our trading relations with E.F.T.A. as a whole can say that, compared with the other countries in E.F.T.A., this country has pursued a protectionist policy.

Investment Grants

6.

asked the President of the Board of Trade what new instructions he intends to issue following the recent decision of the High Court in the case of British Oxygen Company versus Board of Trade; and when he expects to be able to devise the booklet "Investment Grants", published by his Department in the light of the decision in that case.

I am considering with my legal advisers the question of an appeal against the decision of the High Court in this case.

Does the President of the Board of Trade realise that, since this decision, the lack of action is causing the investment grant system to get into even more disarray. When will he make up his mind about it?

While totally disagreeing with the remarks of the hon. Member for Folkestone and Hythe (Mr. Costain), and accepting that the investment grant scheme is better than the old investment allowance scheme, may I ask whether my hon. Friend will nevertheless consider holding meetings between Board of Trade officials and accountants who have to deal with the problems in practice, so that there can be some improvement in the workings of the scheme?

One of the objects of introducing the de minimis rule, which was fully announced when the investment grant scheme was under discussion, was to reduce administrative difficulties.

The hon. Gentleman must announce very soon whether this judgment is to be appealed against or not. Alternatively, he must begin to implement the scheme in accordance with the judgment. Will he make up his mind soon?

We will make up our mind soon whether we are to appeal, and obviously a decision will be taken in the light of that.

12.

asked the President of the Board of Trade what estimate he has made of the cost of abandoning the £25 minimum value rule for investment grants in a full year.

Is the hon. Gentleman aware that he is not only acting illegally in this matter since the High Court judgment, but that it is open to very serious objection to exclude certain people just because their investments are small in total in units? Will he therefore reconsider this policy and say when he will be able to announce a decision?

It was made perfectly clear when the investment grant scheme was introduced that there would be a de minimis rule. Whether what we are doing is illegal will depend on the upshot of further proceedings in the courts.

Industrial Development (Yorkshire And Humberside)

9.

asked the President of the Board of Trade if he will give an assurance that Her Majesty's Government's policy regarding industrial development in the Yorkshire and Humberside Region will not impose any limitations of space on companies endeavouring to expand in that area.

I shall continue to give sympathetic consideration to applications for industrial development certificates for expansion of local firms in the Yorkshire and Humberside Region and for suitable new projects. Only one industrial development certificate has been refused in the region since the beginning of 1965.

While thanking my right hon. Friend for that assurance, may I ask whether he would accept that Yorkshire and Humberside has a tremendous potential which must not be frustrated, and that nothing should be done at this time to weaken the potential development of the region?

I accept that the region has a tremendous potential, but I must point out that it has an unemployment figure of only 2·6 per cent., which is substantially lower than that in most development areas. Therefore, while we recognise its potential, we think that it would be quite wrong, in advance of the Hunt Committee's Report, to take special measures designed to help this region alone.

While we are very happy about the flexible I.D.C. policy as it affects existing firms, may I ask my right hon. Friend to look at the problem of new firms entering the area with a view to encouraging them, especially in those parts where we have large pockets of male unemployment?

We try to consider the problems of new firms as sympathetically as possible and invariably approve new projects, provided that they cannot go to a development area. Generally, we operate the I.D.C. policy in as flexible a manner as possible.

Is my right hon. Friend aware that, in the district of Thorne in my constituency, where unemployment is over 11 per cent., recently there was a refusal by the Ministry of Housing and Local Government to allow planning permission for the extension of an existing local factory? Is he satisfied that there is complete liaison between the Board of Trade and the other Ministeries involved?

If I may, I should like to look into the example that my hon. Friend has mentioned.

Small Businesses

10.

asked the President of the Board of Trade when he proposes to take steps to stimulate and encourage the prosperity and growth of small businesses in accordance with the undertaking given to the House on 10th February, 1967.

My right hon. Friend hopes next month to launch a pilot scheme to assist small businesses to employ consultants. The Government have already announced a number of other measures which will help small firms including new or increased grants to the British Productivity Council, the British Institute of Management and the Centre for Interfirm Comparison.

Does the Minister recollect that on 10th February last year he accepted my Motion which urged him to take urgent and positive steps to encourage the prosperity and growth of this section of the business community? No action has been taken. These firms do not want subsidies; they want revision of the taxation system, particularly of the provisions in the Companies Act. Would the hon. Gentleman consider setting up a small business development bureau, possibly before the return of a Conservative Government, which will not be long delayed?

The assurance to which the hon. Member refers was given by my predecessor. The hon. Member is quite wrong in stating that nothing has happened since. On the contrary, I have indicated a series of things which have happened since which could be added to. As to the point about setting up a small business administration, the idea proposed by the small "Neddy" group which is studying small businesses will be considered.

Leaving aside the crude point made by the hon. Member for Croydon, North-East (Mr. Weatherill), can my hon. Friend say if further action has been taken to help small firms with joint representations overseas? Does he agree that if there were this help to small businesses it would not only help exports but would encourage such firms to overcome export difficulties?

My hon. Friend will be aware that there is a series of schemes which help co-operative ventures in which small firms can take part.

Does the hon. Gentleman recognise that the sort of measures he has referred to are merely minor palliatives in the face of problems caused for small firms by Government taxation changes and that this is where help is needed?

I do not accept that they are small palliatives. On the contrary, they can be of considerable advantage to small firms and many which have taken advantage of the many facilities the Government offer have greatly benefited so far. One of the troubles is that too few of these firms take advantage of the facilities offered.

Is not this another example of the Government's practice of clobbering firms with one hand and giving subsidies and palliatives with the other? Is it not time we got away from this pattern and let these firms stand on their own feet as they wish to do?

They are not clobbered. They are offered assistance which can be of great value. I should have thought that hon. Members would be much better engaged in encouraging such firms to make use of the facilities which are available. These facilities are extensive.

Fish Processing Machinery

13.

asked the President of the Board of Trade if he has completed his considerations on the question of whether plant and machinery installed to fillet or otherwise process fish qualify for grant in accordance with regulations made under the Industrial Development Act, 1966; and if he will make a statement.

I am sorry that consideration of this subject is still incomplete. I will reply to the hon. Member as soon as possible.

That is a quite unacceptable Answer. Is not the hon. Gentleman aware that this has been under consideration since last autumn? Is this the way in which he is trying to encourage industry?

As I said, I am sorry that this has taken a long time to decide. It is a difficult and marginal case. We are trying to look at it as favourably as possible. I think the decision will be rapidly available.

Limited Liability Companies

14.

asked the President of the Board of Trade how many limited liability companies have surrendered that status in each of the past two years other than those which have been liquidated.

Section 43 of the Companies Act, 1967, under which limited companies may be re-registered as unlimited, came into force only on the 27th October, 1967. From then until the 28th May, 1968, 1,355 companies have reregistered as unlimited.

Substantial though that figure is, does the Minister of State accept that the real damage is done in respect of companies which never come into existence because of the new disadvantages under which small companies now have to labour? Will he try to make an estimate of that and therefore revise the tax laws and company laws which are proving so damaging?

There is no evidence at all of any such damage. When we compare the figure of 1,355 with the probable estimate of 375,000 exempt private companies before the Act came into force, there is no evidence here of significant damage.

Imports (Home-Manufactured Substitutes)

15.

asked the President of the Board of Trade if he will consider a scheme for import saving designed to assist small firms in this country to offer home-manufactured substitutes for imported goods.

There are, of course, many existing measures of Government encouragement and support for competitive domestic production and devaluation has greatly strengthened the ability of firms large and small to compete against imports. But if the hon. Member has some specific proposal in mind, I shall be glad to consider it.

Would the Minister of State undertake to receive a deputation from the Small Businesses Association, which has some valuable ideas which might be of some help in this context?

Imports

16 and 17.

asked the President of the Board of Trade (1) what estimates have been made by his Department as to the volume and value of imports of primary products during the second half of 1968;

(2) what estimates have been made by his Department as to the volume and value of imports of manufactures during the second half of 1968.

A forecast of the value of imports of goods and services, in the second half of 1968 was given in Part HI of the Financial Statement. I have nothing to add to this.

Is that not rather a surprising Answer in view of the trend of imports in recent months and weeks, which suggests that that forecast is not going to prove right? Is the President of the Board of Trade aware of the recommendation of the National Institute that machinery should be set up for import controls? What is the Government's policy on that?

On the first part of the hon. Member's supplementary question, I think it still early to say exactly what the trend of imports will be over the year as a whole, although he is quite right in saying that they are still running at a disturbingly high level. On the second part of the question—the proposal of the National Institute—while, of course, all Governments must be ready for any contingencies at all times, the Government and I are strongly opposed to the idea of import controls, first because they would take a long time to have an effect and, secondly, because they would do damage to our international trading position and would invite retaliation.

Would not the volume of imports be seen in better perspective if the Government said that the previous suggestion that we would have a £500 million surplus on balance of payments next year was not sacrosanct and that perhaps about £300 million on a rising trend would be more than satisfactory?

I do not think it is a question of being sacrosanct in that way. If we achieved a surplus of £300 million that also would be a not unsatisfactory outcome. Nevertheless, the Chancellor of the Exchequer and I have given strong reasons for saying that £500 million surplus next year would be highly desirable.

As there were two forecasts for exports next year, what were the figures relating to them for imports of raw materials?

Does the hon. Member mean exports or imports? The Question was about imports.

Yes, some of them. I did not follow the hon. Member's question. The; Question I was asked related to forecasts for imports for the second half of next year. I understood the hon. Member to be asking a quite different question about exports.

While accepting my right hon. Friend's reasons for opposing im- port controls at this stage, may I ask him to consider making an immediate announcement that whatever contingency planning is undertaken on this subject the quotas which might one day be imposed would take account of the level of imports during preceding months?

No, Sir. I do not propose to make any such announcement. It would be most unwise to do so. Any announcement of this kind would give people the impression, wrongly, that we were going to introduce restrictions and would have the one single effect of increasing the volume of forestalling imports.

Company Law (Small Businesses)

18.

asked the President of the Board of Trade what steps he is taking to consult representatives of smaller businesses in order that their views may be taken into account in framing any future legislation affecting the operation of companies.

We intend to consult the Confederation of British Industry and the Association of British Chambers of Commerce about the proposals for companies legislation which we hope to make later in this Parliament and we are ready to consider the views of any other body representative of smaller businesses.

Is the Minister aware that the views of the C.B.I., which he proposes to consult on the question of small businesses, are often directly in conflict with those of the Small Businesses Association, particularly in the field of monopoly, mergers and restrictive practices, where I consider that the C.B.I. has very wrong views which are directly contrary to the interests of competition in small business?

I note what the hon. and learned Gentleman says, but I said in my Answer that I was prepared to receive representations from other bodies representing small businesses, and I have just offered to receive a delegation on the suggestion of the hon. Member for Wanstead and Woodford (Mr. Patrick Jenkin).

If my hon. Friend is now giving a clear indication of further companies legislation, will he also consider including provisions for industrial democracy, such as were hinted at during the passage of the last Companies Act?

That takes the Question very much wider. It was indicated during the passage of the last Companies Act that the future legislation which we would introduce during the lifetime of this Parliament would be concerned with implementing the remainder of the Jenkins Report.

Companies Act, 1967

19.

asked the President of the Board of Trade how many requests he has had from firms for exemption from the requirements of the Companies Act 1967 to disclose information regarding matters not previously required to be disclosed by exempt private companies.

Forty two such applications have been received from former exempt private companies.

These are early days for the working of the 1967 Act. Would the Minister confirm that all experience on disclosure gleaned between now and the promised new Act, which we are told is to be introduced before the end of this Parliament will be looked at with an open mind when the new legislation is being prepared?

We are watching what happens as a result of the provisions on disclosure in the 1967 Companies Act. But none of the figures available to us justify any of the fears about disclosure expressed on the benches opposite.

Industrial Development Certificates

20.

asked the President of the Board of Trade if he will consider the actual and potential performance of a firm in the export and technological fields as qualifications to be taken into account when reviewing applications for industrial development certificates.

These factors are already taken into account in considering applications for industrial development certificates.

Does the hon. Lady agree that in these important fields, where it is essential to get the maximum expansion, there should be no discouragement to such firms? In particular, it is very often a severe discouragement if the necessity to move is part of the price they must pay for expansion.

Hon. Members opposite who represent development areas are very anxious to have advance factories and to have employment created in those areas. The I.D.C. policy is working with that aim in mind. This is something we must continue to do very actively.

Does my hon. Friend accept that there is a general feeling in the country at large that the Board of Trade applies quite rigorously the rather primitive yardstick of relative unemployment figures, and that in areas such as the Potteries, where the unemployment figure is admittedly low, the potential export of the pottery industry is to some extent being frustrated? As it is now 60 per cent. of output, it should be encouraged.

I cannot accept that. The Board of Trade operates a very flexible I.D.C. policy and takes account of those pockets of higher unemployment in areas where we should normally not be flexible in our policies. It is important for the development areas particularly that we continue to keep tight control.

Advance Factories

22.

asked the President of the Board of Trade what procedures are followed by his Department in determining the location in which advance factories are to be built; and whether the regional economic planning councils concerned are consulted.

The location of advance factories in individual areas is determined by a number of considerations which include the present and expected employment position, the existence of other factory space, the availability of suitable land for further building, and the possibility of attracting occupiers when the factories are completed. Consultations take place with other Government Departments which, like the Board of Trade, are also members of the appropriate economic planning board. Economic planning councils are concerned with the broad strategy of employment in their areas and not with the siting of individual factories.

I am very grateful to the hon. Lady for the criteria she has given. Is she aware that there is considerable concern that there is insufficient research on the siting of advance factories according to need, and it is not time, so long after 1964, that economic planning councils were suggesting themselves as something more than "propaganda fronts"?

I do not accept the hon. Gentleman's last remarks. Very careful account is taken of the situation in an area before we place an advance factory there, because we are anxious to get a tenant and to get a growth point working.

Will the hon. Lady consider consulting her right hon. Friend with a view to altering the arrangements so that private developers would also be able to build advance factories if so minded? At present they cannot do so because it is not possible to build them privately without an I.D.C. before one starts.

One accepts that the same rules do not apply to private developers. In some development areas private developers are going ahead with industrial estates quite successfully.

Films

27.

asked the President of the Board of Trade what estimate he has made of the level of finance from overseas to be provided by major United States film companies for film production in the United Kingdom in 1967 and 1968.

I cannot give a precise estimate but the amounts in 1965 and 1966 were approximately £15 million and £18 million respectively and there is no evidence to suggest a recent reversal of this trend.

Is the hon. Lady aware that there is some concern in the indus- try that American restrictions may lead to a cut-back of American investment in films produced in this country? Would not she agree that this is just the time when the Government should make a statement that they are committed to some form of assistance to the National Film Finance Corporation to help British finance for the industry?

I am aware of the concern in the industry about American investment, but we are examining the whole question of films legislation and it would be unfortunate to prejudge the matter.

28.

asked the President of the Board of Trade what proportion of the overseas earnings of films produced by companies other than the major United States film companies was attributable to films financed with the assistance of the National Film Finance Corporation in 1965 and 1966.

I regret that this precise information is not available. In 1965 and 1966, however, the National Film Finance Corporation made loans of £2,100,000 for 36 films with an aggregate cost of £6,100,000 and overseas earnings to date of £2,700,000.

Does not the hon. Lady agree that there is considerable achievement by films of this kind, which earn foreign exchange? If she cannot make a commitment now about the National Film Finance Corporation, can she at least say that the new legislation will provide some means of channelling British investment into films in this country?

We are anxious to do all we can to assist the industry, but, for obvious reasons, it would be premature to give a commitment now. The Corporation has been and is doing an excellent job and I am delighted to have the opportunity to pay tribute to it.

Does not the importance of keeping to the forefront of film production because of world potential in terms of foreign earnings mean that we should give high priority to helping the industry, at this time in particular?

We are naturally concerned that British films should continue to be as successful as they are at present in terms of world trade. They also provide an excellent shop window for our goods.

Department Stores (Retail Sales)

29.

asked the President of the Board of Trade if he will give consideration to recommencing the weekly spot checks on department store sales to enable a more accurate and up-to-date analysis of spending behaviour to be made.

I do not propose to reinstate the weekly inquiry on sales of department stores, but instead to obtain regular reports from certain large retail groups covering all goods except food.

Does my right hon. Friend appreciate that we have had enough hard lessons in the last 12 months in the management of the economy not to recognise that many of the problems and complexities of consumer spending have created real problems in getting the information we want, and that his reply will only partially answer the needs and difficulties we are facing? Will he not go into detail as to whether this proposal might be possible in future?

I would not dissent from my hon. Friend's opening remark, but nevertheless the inquiry I have announced will certainly give us up-to-date information on a sample basis of how the trend of retail sales is going.

The figures for April suggest that the consumer boom is over. They show that, as between March and April, there was a marked fall of sales and that, in April, retail sales as a whole were no higher than in the three months August to October, 1967.

Hotels (Tourist Accommodation)

30.

asked the President of the Board of Trade what further steps he is taking to assist the hotel industry to provide adequate accommodation for tourists in Great Britain, in view of the estimates of demand from 1970 onwards.

I would refer the hon. Member to the White Paper (Cmnd. 3633) which my right hon. Friend presented to the House on 21st May.

While the Government appear at last to be waking up to the potentiality of the tourist industry as a foreign exchange earner, may I ask whether the hon. Gentleman would agree that the help now proposed is trivial compared with the withdrawal of investment allowances and the imposition of the S.E.T., which together are costing the hotel industry about £40 million a year?

The help proposed now is remarkable in the prevailing conditions and has been generally welcomed.

Is my hon. Friend aware that the recent Government measures to assist the industry are widely welcomed, particularly in the tourist areas? But could he not go still further to help the industry by trying to extend the tourist season so that we use our resources to a much greater extent in the early and late season than at present?

We shall do what we can in that respect. This was one of the reasons for the change in the Bank Holidays. But a great deal can be done by the tourist areas themselves to extend their own seasons, and I would welcome that.

In view of the shortage of hotel beds, and since the "Little Neddy" Report said that action by the Government was urgent, is it not unfortunate that the industry must wait until the next Session for legislation?

Because of the publication of the White Paper, the industry knows what assistance will be available and can go ahead with making plans on that basis even before the legislation.

Does my hon. Friend realise that the hotel industry is greatly handicapped by discrimination in the application of the S.E.T.? Will he consult the Chancellor of the Exchequer with a view to alleviating the burdens of the industry in that respect?

The whole question of the effect of the S.E.T. is being examined now. Some hotels are benefiting from discrimination in the application of the S.E.T.

Is the hon. Gentleman aware that the effects of the S.E.T. are not being examined now because the Government's Money Resolution on the Finance Bill is precluding any effective debate on the subject?

Although the S.E.T. is not my direct responsibility, the fact is that we are examining its effect.

Invisible Earnings

31.

asked the President of the Board of Trade how many of the recommendations of the Bland Report on Britain's Invisible Earnings have been implemented by the Government.

I have already given the House details of some of the steps taken since the publication of the Bland Report, such as the references to invisible earnings in the presentation of the monthly trade figures, the help to the hotel industry to increase tourist earnings and the creation of the new permanent Committee on Invisible Exports.

The main task of this new Committee, on which my Department, the Treasury and the Bank of England are represented, will be to suggest and where possible implement measures to encourage invisible earnings in the light of the conclusions and recommendations of the Bland Report.

Would not the right hon. Gentleman agree that it is rather disappointing that so little has been done at this stage as a result of the Bland Report? In particular, can he give urgency to the monthly or quarterly publication of invisible earnings, as these figures would possibly help to dissipate the gloom of our monthly trade figures?

I would not accept the hon. Gentleman's opening remark. A good deal has been done since the Report came out. We now include a reference to the invisible account in the monthly trade figures and, of course, the quarterly figures for invisible accounts are regularly published. I am not clear that there is anything more we can do, but if the hon. Gentleman has any suggestion to make I will gladly consider it.

Is the right hon. Gentleman aware that, while the Government persist in giving help of one sort or another to manufacturing industry and discriminating against those firms which contribute to invisible earnings, nothing the Government do or say about this will carry conviction?

What will carry conviction, if not with the hon. Gentleman at any rate with objective observers, is that the first quarter's figures for invisible accounts will show a very marked increase.

Textiles (Imports)

32.

asked the President of the Board of Trade if he will give the figures for the imports of yarn, cloth and made-up textiles for the first quarter of this year; and how these compare with the same period in the previous five years, making allowances for the effects of devaluation.

As the Answer contains a table of figures I will, with permission, circulate it in the OFFICIAL REPORT. Because a number of other factors have influenced the level of imports, it is not practicable to isolate the effects of devaluation.

While thanking my hon. Friend for that reply, may I ask him whether he is aware that I am concerned about the bunching of imports, which causes problems for particular sections of the industry? Will he consider taking steps to ensure an even spread of imports over the whole year?

I take my hon. Friend's point. We have considered it, but there are great difficulties.

Will the Minister accept that the fact that many small but efficient textile firms are closing down indicates that the level of imports under the quota is far too high? Can he say when he will be able to make a statement with regard to the quota position after 1970?

We shall be in a better position to make decisions on that when we get the report on productivity from the Textile Council.

Will my hon. Friend recommend to his right hon. Friend the Chancellor the imposition of revenue-raising import duties on Portuguese textiles, similar to those which they impose on our motor cars?

I would certainly be prepared to pass on my hon. Friend's remarks to my right hon. Friend, but I would have thought that he would be in trouble in this direction with our international agreements.

Can the Minister of State say, without going into the figures, whether devaluation has had a beneficial effect both on import and export figures compared with this time last year?

Not so far, partly because of the very large restocking which has been taking place.

UNITED KINGDOM IMPORTS
(including imports for process and re-export)

Yarn (a)

Cloth

Made-up*

Period January-March(b)(c)

Textiles(d)

Clothing

Million lb.

£ million (c.i.f.)

£ million sq. yds

£ million (c.i.f.

£ million lb.

£ million (c.i.f.)

£ million (c.i.f.)

£ million (c.i.f.)

196321·24·7239·521·70·40·23·014·7
196423·76·6259·625·50·30·23·319·7
196525·37·3216·719·30·40·22·715·4
196628·78·2305·027·30·60·34·117·0
196726·76·9261·326·30·90·44·720·7
196832·810·1342·633·81·10·66·128·4

Notes:

( a) Textile yarn and thread.

( b) Woven fabrics (excluding narrow fabrics) of cotton, silk, wool, linen, ramie, true hemp, jute, and man-made fibres.

( c) Woven fabrics (excluding narrow fabrics other than glass fibre fabrics) of other materials.

( d) Made-up articles wholly or mainly of textile materials (excluding special textile fabrics and related products, and tulle, lace, embroidery, ribbons, trimmings and other small wares). Clothing is not included.

* Quantities not available for all headings.

Design Centre (Air-Conditioning Plant)

33.

asked the President of the Board of Trade if he will make a grant to the Design Centre for the installation of an air-conditioning plant there.

The Design Centre already has an air-conditioning plant and part of the grant-in-aid has recently been spent on its maintenance. Possitde improvements and their cost are being discussed in the first instance be-

Can the Minister say, on a small practical point, why the quotas cannot be on a quarterly basis?

I understand that there are considerable difficulties with the trade. We have been having discussions with it for some time and the countries concerned, to see whether we can get round this. Perhaps we may be able to.

Can my hon. Friend say when we can expect the report from the Textile Council?

Very soon, I hope—in the autumn. We have been having great difficulty with the weaving section of the industry, many parts of which have not so far filled in the questionnaire giving necessary details. We propose to twist their arms a bit.

Following is the information:

tween the Council and the Ministry of Public Building and Works.

Is the hon. Lady aware that the installation of a modern air-conditioning plant in the building would be a first-class advertisement for British design and engineering?

I am sure that it would. I do not know whether the hon. Gentleman is aware that although in the previous five years less than £200 was spent on air conditioning, during 1961 to 1963 a cooling tower and seven cooling units were installed at a cost of £5,600.

North-East Development Council

35.

asked the President of the Board of Trade what assistance has been given by his Department to the North-East Development Council in carrying out its policy of attracting industry from the Yorkshire and Humberside Region to the North-East.

The North-East Development Council aims to attract industry into the North-East from many parts of Britain and from overseas. My regional office in Newcastle co-operates with the Council in bringing the merits of the area to the notice of firms seeking locations in development areas.

Is my right hon. Friend aware that this statement is appreciated? Will he look favourably at any efforts that may be made in Yorkshire and Humberside or any part of the region, to attract industry, particularly to bring about more diversification?

I have already made it clear that while I am strongly in favour of the North-East Development Council generally making propaganda for its area, I deprecate any attempt at competition between that development area on the one hand and parts of the Yorkshire and Humberside area on the other. This latter area has difficulties of its own.

Will my right hon. Friend bear in mind that despite Government disapproval the North-East Development Council has indicated to at least one Halifax firm that it intends to continue its advertising campaign to attract industry away from the West Riding?

I thought that we had made our views fairly clear on that point. If my hon. Friend will send me details I will be glad to look at them.

Rabbit Meat (Imports From China)

36.

asked the President of the Board of Trade how many tons of rabbits have been imported from China to date in 1968; and what percentage increase this represents on the same periods in 1966 and 1967.

Imports of rabbit meat from China were 1,135 tons in January-April, 1968. This was the same as in January-April, 1966 and 1 per cent. less than in the same period of 1967.

Could the Minister tell us why we have to import so much? Are we that pushed? Would the hon. Lady please recognise that the import of this weight of rabbits from abroad affects the whole market and such revenue producers as the Welsh Marches Rabbit Producers' Society?

This is a serious question. We have told the industry that if it can produce prima facie evidence of dumping, and material injury we would be prepared to examine it.

Is the Parliamentary Secretary satisfied that all these rabbits are dead? Is there any danger of them breeding like Chinamen?

Is it not a fact that these Red rabbits are dearer than ordinary British chicken? What are they to be used for?

Speaking as a housewife, if anyone chooses to buy something more expensive than chicken, I assume that it is because they wish to eat rabbit.

Advance Factories

37.

asked the President of the Board of Trade which completed advance factories are at present empty; and for how long each has been unoccupied.

I will, with permission, circulate a list in the OFFICIAL REPORT.

Is the hon. Lady aware that all the information we have had recently shows that a number of these factories are still lying empty? Could she give some idea as to why it is proving impossible to build these factories quickly and provide more jobs?

It would be foolish to pretend that we are not disturbed by the number of empty advance factories— obviously we are. We are anxious to provide employment. That is why we built the factories. I am sure that the hon. Member will be pleased to know that there has been a sharp increase in the numbers allocated in the last quarter. The figure was four in the fourth quarter of 1967, and it has now gone up to 10 for the first quarter of 1968. We believe that at long last we are getting somewhere.

Does my hon. Friend recognise that many of us are delighted that such a large number of advance factories have been allocated to Scotland— 34 out of 94? Will she continue to look after the needs of Scotland?

I am grateful to my hon. Friend. We certainly intend to keep up, not just the allocation of advance factories, but a rolling programme to try to deal with the employment situation in Scotland.

Following is the information:

Location

Month and Year of Complection

No. of Months Vocant (as at 30th April, 1968)

ENGLAND
Teeside No. 1November, 196617
Stanley No. 2March, 196813
Sunderland No. 2July, 19679
AshingtonJuly, 19679
NewburnAugust, 19678
Blyth No. 2January, 19683
HaltwhistleApril, 19681
SCOTLAND
KirkcaldyFebruary, 196626
Port GlasgowSeptember, 196619
InvernessNovember, 196617
Leven No. 1February, 196714
GirvanMarch, 196713
Aberdeen No. 1July, 19679
CampbeltownJuly, 19679
Sanquhar No. 2October, 19676
Sanquhar No. 3October, 19676
Douglas No. 1November, 19675
Kilwinning No. 2November, 19675
FalkirkJanuary, 19683
HarthillApril, 19681
WALES
Milford Haven
No. 2January, 196715
Ammanford No. 1June, 196710
PwllheliJuly, 19679
Fforestfach No. 1September, 19677
KenfigNovember, 19675
Maesteg No. 1November, 19675
Ynyscedwyn No. 2November, 19675
Maesteg No. 3December, 19674
Merthyr Tydfil
No. 2December, 19674

Overseas Investment

38.

asked the President of the Board of Trade if, as interests, profits and dividends in 1966 earned this country a net surplus of £371 million, he will take steps to ensure that the growth in income from our overseas investments is fully maintained by allowing free movement of British capital into overseas investment.

I am very conscious of the benefits which earnings from interest, profits and dividends bring to the balance of payments on current account, but as my right hon. Friend, the Chancellor of the Exchequer, said in his Budget speech, we must maintain the measures we have taken to minimise the burden of outward investment on the balance of payments capital account.

Is the Minister aware that it is commonplace for American firms which have invested money in this country to take out, in profits and royalties, 100 per cent. per annum? Is it really necessary that British enterprise should be deprived of corresponding opportunities overseas?

Under present circumstances it is necessary. This is always a question of trying to find the right balance between the individual long-term benefits to be gained from overseas investments on the one hand, and on the other hand the burden that that places in the short term on the capital part of the balance of payments programme. In our present situation it seems absolutely right not to cut it down to zero, which we have not done, but to exercise a certain restraint.

Is my right hon. Friend aware that there are a number of hon. Members on this side of the House, on both sides of the Gangway, who are increasingly concerned about the institutional changes in the City which are increasing the pressures on sterling? Would he particularly look at the whole question of the export of capital to the sterling area, and leakages taking place in the non-sterling area?

The question of exchange control is for the Chancellor. I can tell my hon. Friend that in 1967, for the first time for many years, the long-term capital account was actually in balance.

Does the right hon. Gentleman appreciate that the growth of this valuable help to the balance of payments in future is being very much handicapped by the discriminatory provisions of the so-called voluntary arrangement, which largely prevents investment in Australia, where investment possibilities are better than anywhere in the world?

They have not altogether prevented investment in Australia, as one can see from recent figures. If one has control or restraint of this kind, it seems better that it should be discriminatory.

Does my right hon. Friend agree that even £370 million may be a high price to pay for the wild speculative capital movements that have taken place recently and damaged sterling?

The question of speculative movements is an extremely serious one. But it is not the same as the matter of long-term capital investment overseas, to which the Question relates.

Several Hon. Members rose

Aviation

Aldergrove Airport

3.

asked the President of the Board of Trade what is the estimated cost since devaluation of extending each of the two runways, respectively, of Aldergrove Airport in County Antrim; and if he will start preliminary work to extend the runways in order to make them suitable for transatlantic jet traffic.

The cost of bringing the main runway to a standard comparable with that, say, at Prestwick would be about £2 million. An extension to this runway is under consideration. We cannot foresee any need at present to extend the secondary runway and no estimate is therefore available.

Is the hon. Gentleman aware that B.O.A.C. has started now to fly from Aldergrove and, in the interests of safety, would it not be wise to start plans for an extension of at least one runway?

I do not think that safety comes into it as a result of the new flights by B.O.A.C. But we shall gain experience of what the traffic is likely to be and, in the light of that, we may reconsider our decision.

4.

asked the President of the Board of Trade when and on what terms will Aldergrove Civil Airport in County Antrim be transferred to the Government of Northern Ireland; and if he will make a statement.

The airport cannot be transferred until the Government of Northern Ireland has obtained the necessary legal powers. The Civil Aviation Bill now in Committee will enable the Northern Ireland Parliament to confer such powers and I understand that a Bill for this purpose is in preparation at Stormont. The date and terms of transfer will be discussed between the two Governments as soon as sufficient progress has been made with the draft legislation.

As this legislation now appears imminent, can the hon. Gentleman not give a little more information about the terms, financial and otherwise, on which the transfer will be made?

Not so far. It will depend in part upon the type of organisation that the Northern Ireland Government want to run this airport when it takes over.

Is it not the case that, so far, we have not reached that part of the Bill, and is my hon. Friend assuming, perhaps correctly, that the Committee will agree to the proposals?

I am sure that I should be out of order in discussing the proceedings of the Committee in question.

A300 Airbus

23.

asked the President of the Board of Trade what is his revised estimate of the date of entry into service with British European Airways of the A300 Airbus.

26.

asked the President of the Board of Trade whether he is satisfied that the A300 Airbus will be the most suitable next generation aircraft for British European Airways; and if he will make a statement.

B.E.A. will certainly have a requirement in the mid-1970s for an aircraft with the characteristics of the A300 airbus, but until the specification and other particulars are available B.E.A. obviously cannot be more precise. For planning purposes the aircraft has been assumed to be in B.E.A.s fleet in or by 1975.

Are the Government still sticking to their original timetable for a decision to go ahead in July this year? How much is the R. and D. likely to be on the aircraft? How much does the hon. Gentleman expect each airbus to cost?

Questions about the development of the airbus are for my right hon. Friend the Minister of Technology.

Is the Minister aware that Boeing is now to build a direct competitor to the A300 airbus? Will he ensure that the A300 is exactly in line with B.E.A.'s requirements so that the airline is not once again saddled with a second-best aeroplane delivered too late for its purposes?

B.E.A. and other international lines—Lufthansa and Air France—are getting out what they consider to be the ideal specifications for their requirements. I hope that the airbus will meet them.

Has the hon. Gentleman spoken to the Minister of State at the Ministry of Technology about his recent visit to Boeing in the United States and the possibility of co-operation with Boeing which was mentioned during that visit? Will he make a statement on the effect of this on B.E.A.s procurement plans?

I have not had the opportunity of consulting my hon. Friend or hearing about his experiences there, but I shall very much welcome the chance, and shall take it.

London Airport (Aircraft Monitoring)

11.

asked the President of the Board of Trade what decision he has reached regarding the installation of improved equipment at London Airport for monitoring the height of arriving aircraft.

The provision and operation of this equipment would be very costly and I am arranging for a special radar study this summer of heights flown by aircraft approaching Heathrow to assess the need for improved monitoring.

Would not my hon. Friend agree that this is the time of year when the problem of aircraft noise becomes very intense and that many people living under the glide path are convinced that there are many more infringements by arriving aircraft than are detected by the very small sample which is monitored at the moment?

This is the point of the special survey we are to carry out this summer.

Air Safety

24.

asked the President of the Board of Trade what action he has taken to implement the findings of his Departmental inquiry into air safety matters.

As my right hon. Friend has already told the House, the Report of the Special Safety Review contains a variety of findings which call for study and action by a number of different persons, including operators. We have already acted on a number of the recommendations which most directly concern the Board of Trade, including those about reorganisation within the Board. We are studying the other recommendations.

What action is the Board of Trade taking to strengthen its staff on the air safety side, possibly by economising elsewhere? Are we likely to be able to have a full debate on this before the Summer Recess?

I should certainly be prepared to consult my right hon. Friend the Leader of the House on the last point. We are already increasing the numbers of flight operations inspectors, flight examiners and so on, and we are getting very near our proper complement.

Is my hon. Friend having a close look at the working conditions of cabin staff of aircraft? Apparently various health hazards are involved which could affect safety matters.

Some of these points were brought out in the Review. We are looking at them very closely.

Has the hon. Gentleman any information about possible mergers among the smaller independents, a point which was brought out in the Report?

Is my hon. Friend aware that I was disappointed with his answer to my suggestion that the first step he might take is to call a conference of all operators to discuss the Report? Will he reconsider his decision and consider calling an early conference of all the people very closely involved?

British Airlines (Financial Information)

25.

asked the President of the Board of Trade why the new Civil Aviation Series of the Board of Trade Business Monitor does not give the financial information about British airlines required by Article 67 of the Chicago Convention to which the United Kingdom is a signatory.

Article 67 of the Chicago Convention relates solely to the filing of information with the Council of the International Civil Aviation Organisation, and not to the release of information in Government publications, which is determined primarily by domestic requirements.

I know, but will not the hon. Gentleman instruct B.O.A.C. and B.E.A. to give a lead in this matter by supplying the information we have pledged ourselves to give to the International Civil Aviation Organisation? If the two Corporations start to supply this information, the independent airlines will be willing to follow their example.

B.O.A.C. and B.E.A. do supply this information and it is the independents which do not. We are in consultation with the independents now to secure the information.

Why has the hon. Gentleman in any case allowed the Business Monitor to revise its statistics so that what is published now is less valuable than what was published before?

I do not accept that the statistics are less valuable, but we do not want to duplicate publication.

British Overseas Airways Corporation (Chairman)

The following Question stood upon the Order Paper:

65.

TO ask the President of the Board of Trade, what plans he has for dealing with the impending vacancy in the chairmanship of the British Overseas Airways Corporation; and what condition at the same time he proposes to give to the creation of a single corporation to deal with national and international airways operations.

With permission, I will now answer Question No. 65.

As the House will know, I expect to receive by about March of next year, the report of the Edwards Committee on the structure of the civil air transport industry. I have, therefore, been considering, and have discussed with the chairmen of both Air Corporations, the best course to adopt in making and renewing appointments to the boards of the Corporations during the period before and immediately after the Committee has reported.

I cannot, of course, forecast what conclusions the Committee may reach, but I must allow for the possibility that it may suggest changes which affect the composition of these boards. I must clearly also allow adequate tune for considering and debating the report before changes have to be made.

In these circumstances, I have decided to make no avoidable changes in the composition of the boards before the end of 1969. I am accordingly inviting all those at present serving on the boards, whose appointments will expire before that date, to agree to continue until the end of that year.

In the case of B.E.A., Sir Anthony Milward has agreed to an extension of his term of appointment as Chairman until that date. In the case of B.O.A.C., I knew already that Sir Giles Guthrie wished to leave B.O.A.C. when his present term of office expires at the end of this year. I asked him to consider accepting reappointment until the end of 1969, but he told me that he has committed himself to another task early in 1969.

I have, therefore, invited Mr. Charles Hardie, the part-time Deputy Chairman, to serve as part-time Chairman for the year 1969, and he has agreed. Mr. Keith Granville will retain his position as full-time Deputy Chairman and will, in addition, be appointed by the Corporation as Managing Director.

These arrangements will ensure continuity and leave the Corporations in good hands during this period.

After consulting the Chairman of the Air Transport Licensing Board, I have decided to adopt the same policy in relation to that Board. Sir Daniel Jack has agreed to continue as Chairman until the end of 1969. I propose to strengthen the Board by appointing one or two additional members for a like period.

I thank my right hon. Friend for that very full Answer and assure him that it has my complete support.

Will he answer two particular points? He has indicated that Mr. Charles Hardie will be the part-time Chairman of B.O.A.C. for a period ahead. Can he assure us that Mr. Hardie will sever active participation with the 40 companies with which he is presently connected in order to devote full-time attention to the very important appointment he is getting?

Secondly—[Interruption.]

Secondly, on the question of amalgamation, will my right hon. Friend assure us that, whatever the Edwards Committee may say, he will give full attention to considering the need for merging B.O.A.C. and B.E.A. into one corporation, which I hope will be called the British Air Transport Corporation?

I am obliged to my hon. Friend for his opening remarks.

I have not invited Mr. Hardie to be the full-time Chairman of the Corporation, but part-time Chairman. Therefore, it is no concern of mine to ask him to surrender other appointments which he may have, whether public or private. My concern is to make sure, and he has assured me, that he will give the time I have asked him to give to the affairs of the Corporation.

As to amalgamation, I will make no statement until I know what the Edwards Committee has to say about it, because it is one of the main issues that it was set up to consider.

Is the President of the Board of Trade aware that Mr. Hardie is highly regarded, and that his appointment will be warmly welcomed by all who are interested in aviation?

Will the right hon. Gentleman also pay tribute to the fine work that Sir Giles Guthrie has done for B.O.A.C. over many years, a tribute which I know that all on this side wish to pay?

I should like to echo the tribute which the hon. Gentleman has paid to Sir Giles Guthrie, a tribute in every way justified by his record with the Corporation.

I must make it clear, in the light of one or two remarks I hear from behind, that Mr. Hardie is a most distinguished public servant who has given a great deal of time not only to B.O.A.C, but, as I know from a constituency point of view, to the White Fish Authority. Any notion that he is other than a most devoted public servant is quite wrong.

No one is trying to denigrate Mr. Hardie. There are hundreds of good public servants who give good public service, but many of them do not get big salaries for part-time employment. All we want to know is the time that the Minister suggests he should give to this part-time employment and what his salary will be.

My hon. Friend asked from a sitting position. I have asked Mr. Hardie to give half his time to this position. He will, therefore, be paid half the normal salary for the chairman of the Board, namely, £5,500 per year.

Is the Minister aware that there are important matters concerning B.O.A.C. which cannot and must not wait, in the period of continuing uncertainty, relating to industrial relations? Is he satisfied that the uncertainty will not make it more difficult to get good industrial relations in B.O.A.C?

The matter of industrial relations in B.O.A.C. is particularly urgent, notably in the light of what the Pearson Report said on the subject of uncertainty. I am aware that there is some inevitable uncertainty, because the Edwards Committee is sitting, and is known to be sitting. This is unavoidable. However, I hope that the appointments which I have announced, providing, as they do, for continuity of management within the Corporation, will reduce that uncertainly to the greatest possible extent.

Will my right hon. Friend give an assurance that he has not made up his mind about the amalgamation of the two Corporations? There are mixed feelings whether this would be a desirable thing.

I can give an absolute assurance that I have not made up my mind. I have no intentiton of making it up until I know what the Edwards Committee has to say.

In view of the almost complete breakdown of communication between the pilots and management of B.O.A.C, is the right hon. Gentleman entirely satisfied that a chartered accountant, however distinguished and valuable a public servant, is really the right part-time appointment to make at this juncture?

I have made this appointment partly because I think that the gentleman concerned is the right man for the job and partly for the reasons I have explained in my Answer, namely, that the Edwards Committee's report will be available in March next year and I did not want to be faced with a situation in which, just as the Edwards Committee report came out, we had three new full-time chairmen of the three Boards I have been discussing. In the light of that, I am certain that this is the right appointment.

While there may be good reasons for the interim appointment of Mr. Hardie as part-time Chairman of B.O.A.C, will my right hon. Friend bear in mind that it would be a most undesirable precedent for chairmen of nationalised Corporations to be part-time?

There is no sense in which this could become a precedent, because I have made it clear that, after the Edwards Committee has reported, we shall all have to take a view about the long-term nature of the boards running these Corporations. This sets no precedent for the future after we have the Edwards Committee's report.

Is the right hon. Gentleman aware that he would be wrong to commit himself to irrevocable decisions about the structure of B.O.A.C. now without having the report of the Edwards Committee and that he is right to resist attempts made from both sides to tie his hands?

I am obliged to the hon. Gentleman. I wholly agree with what he has said.

Orders Of The Day

Transport Bill

[3RD ALLOTTED DAY]

Order read for resuming adjourned debate on Amendment proposed [ 28th May], on consideration of Bill, as amended ( in the Standing Committee).

Which Amendment was: No. 265, in page 94, line 34, at end insert—

(4) A journey shall not be a controlled Journey for the purpose of subsection (1) of this section if theer are no railway lines which could undertake any part of that journey.

Question again proposed, That the Amendment be made.

3.40 p.m.

I have again posted up my selections. There is one change only. I understand that this morning we were debating Amendment No. 265 and with it Amendments Nos. 266, 267 and 272.

Amendment No. 265 had been moved by the hon. Member for Moray and Nairn (Mr. G. Campbell) and was being debated. Mr. Buchanan-Smith.

On a point of order, Mr. Speaker, I was speaking this morning.

I was addressing my remarks, in particular, to Amendment No. 272, which is included in this group, which says:

"Nothing in this section shall be construed to restrict or prohibit the carriage by road of any article or articles which by reasons of weight or size are certified by the Railways Board as being unsuitable for transporting by rail."
I had been pointing out that certain articles are exceedingly unsuitable for transport by rail and expressing the hope that the Minister would give us some idea of the kind of instructions he will be issuing on this particular matter. I also hoped that in certain cases manufacturers would not be obliged to send by rail articles of particular value.

I would like to cite the case of a textile mill which dispatches very valuable high-quality knitwear. The firm used to send all its dispatch by rail, but it has stopped doing so following a whole series of pilfering incidents. The mill found it was losing so much of its goods on British Railways that it eventually withdrew all its traffic from the railway and has since sent by road.

I hope that until proper measures can be taken to prevent any such pilfering or alternatively to ensure that any losses are fully recompensed, no firms will be obliged to send goods by rail if it is more convenient and more economical to send them by road.

I reject the hon. Member's attempt to malign railway workers by his allegation about pilfering. Is he aware that even whole lorries go missing when travelling by road and very often this blame could be laid on forces outside railway workers altogether?

I will not give way. The hon. Gentleman did not give way to me and he must take his medicine.

Is he aware that goods now sent by knitwear firms would be container traffic, and would be loaded from door to door and on to rail with no possibility of pilfering by railwaymen or anyone else, since the goods would be in sealed containers? The hon. Gentleman is talking of something that happened 20 years ago. He is completely out of date and does not know anything about railway working.

We are on Report stage and the hon. Gentleman can only make one speech on it.

The kind of medicine supplied by the hon. Member for Central Ayrshire (Mr. Manuel) is very much the kind we expect and have been treated to many times during the course of the year.

I support the Amendment and wish to raise a specific point which affects farmers and particularly fruit and flower growers. As the Under-Secretary knows, I have raised this matter with him and it has been raised in direct representations. Perhaps I could have his attention. I see that he is now leaving. I am sure that the Minister of State, who previously dealt with this as Parliamentary Secretary and who has since been elevated to the office of Minister of State, will have full knowledge of the representations which were made. These matters were raised by Perth and Angus fruit growers, who made direct representations to the Minister of Transport. I followed the matter up at Question Time some weeks ago.

There is very genuine concern among farmers and particularly among potato, fruit and flower growers, about the effect of the Bill in relation to the use they make of the railways. They are very happy to use the railways when they get correct service. Unfortunately, there have been one or two unhappy experiences recently, particularly in relation to potatoes, of which the hon. Gentleman the Member for South Angus (Mr. J. Bruce-Gardyne) and the hon. Gentleman the Member for Perth and East Perth (Mr. MacArthur), will also have had experience, where, because of the good rates quoted by British Railways, farmers consigned seed potatoes to England by rail only to find that British Railways did not have sufficient wagons to cope with the trade.

I use that example as showing that where the railways are prepared to offer a commercial competitive service there is no prejudice among people against using British Railways and that where there is a perfectly fair and commercial proposition farmers and fruit growers are prepared to use British Railways' services. But recently, in relation to seed potatoes—

The hon. Gentleman must make his comments to the Amendment within certain specified limitations.

I am using the example to illustrate to hon. Members opposite, who sometimes criticise us for being prejudiced people in this regard, which we are not, that there is a genuine desire to use British Railways where the service is right.

The problem I particularly want to raise relates to areas where stations have been closed, and this refers directly to Amendment 265. In my area we have a main railway line which passes through an area where a number of stations have been closed so that the number of points to which farmers can take seed potatoes, fruit and flowers for dispatch by rail are much more limited. They may have to go a considerably greater distance in carrying produce to the rail head.

Until now, in certain places they have been able to use ordinary farm tractors and trailers to take their goods direct to the station but now that certain stations are closed and other depots have been set up at a greater distance it is not practicable for them to use such forms of farm transport to take their goods to the rail head. This may mean that they have to acquire a lorry if they are to use the railways or may have to have their goods handled by a third party, through another contractor or by British Railways lorries. This introduces a completely fresh operation into their work in consigning goods to market.

I would like to ask the Minister of State, therefore, what is the position where this situation exists, even though there is a main railway line available and there are depots within reasonable distance to which farmers can take their produce? What happens if, in future, it is to be inconvenient to them to do so and they are unable to use their own farm transport in the form of tractors? Will they still have to send their produce by rail, or will they be able just as easily to use road transport for the whole journey in place of the railways? This is a genuine problem which has arisen and there have been representations on it by many people. I look forward to hearing what the Minister of State has to say on this Amendment.

I intervene only briefly to seek clarification on a point on broken journeys which are partly over water. I appreciate that on the proposals for the exclusion of certain areas we have the Minister's wording:

"The carriage of goods within and between offshore islands having no rail connection with the mainland"
This would include all the Scottish islands and the Isle of Wight, but would exclude Anglesey and the Isle of Sheppey. I believe that this is in order, Mr. Speaker, but I have some slight doubts about it.

The question I wish to ask is whether in this exclusion we are limited to within and between offshore islands. I would have liked to see the words "to and from" offshore islands. We have had a lot of debate on this point. I was not privileged to be a member of the Committee, but early in the history of the Bill I had correspondence with the previous Minister and discussions with a number of Ministries; and it has never been made clear whether this is meant as referring to a physical rail connection with the mainland. Clarification would be helpful.

"Journeys" would have to include those from the mainland to the island and vice versa. I know of loads starting on Stornoway in the Isle of Lewis in the Outer Hebrides, travelling 35 miles to the ferry point in Tarbert on the same island and then crossing 35 miles of water by MacBrayne's ferry, which will be virtually a State service in future. They then have to cross the Isle of Skye for 55 miles, then go on the ferry from Kyle Akin to the Kyle of Lochalsh. Then, for the first time they meet the railway. This is what I mean by the broken journey.

It is clear that journeys on the islands, between them and among them, are completely excluded, but we would like to know that this will cover something more than a physical rail connection by bridge. This should be precisely stated to relieve many doubts in the Islands.

The people there are concerned, too, in the carriage of considerable loads on MacBrayne's ferries. I understand from the company that loads of 21 or 22 tons can be and are carried. It is doubly important because, by reason of the distances, the cost of living is affected by every use of transport. If one had to break down from road to rail transport on these journeys, that could be economically disastrous for the people and the communities concerned.

I hope that the Minister can give a clear answer. I have discussed this many times in correspondence with his colleagues. There are already sufficient complications for the occasionally appalling service which we get from MacBrayne's in the carriage of goods. I am not talking about passenger or private car carriage but when it comes to carriage of goods from other parts of the country from Leith, Glasgow or England to Stornaway, we often have the utmost difficulty in getting deliveries or even getting assurances about deliveries. There is enough discontent and reason for it now without complicating it unduly by the imposition of further uneconomic burdens on an area which already suffers these considerable burdens.

If I can have an assurance on these matters, most people would be satisfied that the Bill as a whole is excellent in its general application and purpose.

Order. The hon. Gentleman will have an opportunity later to say whether or not it is an excellent Bill.

I am sorry, Mr. Speaker. I was emphasising that this is the main complaint which relates to my constituency. Otherwise, I have not received a single complaint from my constituency—[An HON. MEMBER: "Oh."] It is absolutely true. I hope that the hon. Gentleman does not doubt this. I should like to have the assurance which I have sought.

I follow the point of my hon. Friend the Member for North Angus and Mearns (Mr. Buchanan-Smith) about the horticultural trades, but, to a limited extent, I take issue with him. The horticultural trades in Scotland use the railways wherever possible because a long haul suits them, but the pattern of English horticulture is tending to move away from places near rail centres and has been based largely on two factors. The first is the delivery to the main markets by road and the second is the move to coastal areas, where they have the maximum light efficiency, following the Dutch example.

My hon. Friend the Member for St. Ives (Mr. Nott), in a previous debate, touched on the lack of prosperity which would result for his horticultural constituents if the Bill were forced through un-amended. I draw the Minister's attention to the horticultural point of view as affected by Amendment No. 266, which says that a journey should not be a controlled journey if the distance of the starting point and the destination from railway terminals means a difficult journey.

The Covent Garden Market and the other main markets which are supported by the Government through the Ministry of Agriculture have no rail terminal facilities. I am aware that the new, much delayed, market at Nine Elms will have rail facilities, but they will be primarily from the coast and will, therefore, help the importer rather than the British horticulturist. If the Minister does not accept these Amendments, or at least No. 266, he will seriously affect the price of all British fruit and vegetables.

Flowers are another matter, since they could be called a luxury, but they are gaining popularity. Without falling into the error of the hon. Member for West Lothian ('Mr. Dalyell), I can say that there has been much evidence before the Select Committee on Agriculture's Sub-Committee to the effect that road transport is the key to marketing. I therefore hope that the Parliamentary Secretary will sympathetically consider the effect of this provision on the price of vegetables and fruit.

Amendment No. 272 contains the phrase, "by reasons of weight or size". I hope that that will be interpreted to mean small as well as large, since many consignments of flowers may be fairly bulky, although light, and unsuitable for rail transport. I hope that the Amendments will be accepted or that, in another place, a similar concept can be written into the Bill, even at that late stage.

Another point on Amendment No. 272 is that the high-quality paper industry, of which there are a number of mills in my constituency, is totally unwilling to consign high quality papers by rail because of the damage and dirt which results. I heard what the hon. Member for Central Ayrshire (Mr. Manuel) said in riposte to the hon. Member for Aber-deenshire, West (Mr. James Davidson), but even now, in 1968, the mills are not prepared to send high quality paper by rail, because if one sheet in a consignment is damaged, the whole lot is damaged. I therefore hope that high quality goods will not be forced on to the railways, which are unsuitable for them.

4.0 p.m.

That would come within the container wrapping services. The railways would not be interested in traffic such as knitwear goods.

They are interested. The mills in my constituency have consigned these goods to them and have regretted it. They do not want to do it again. Therefore, I hope that there will be no compulsion brought to bear by the Minister of State.

This group of Amendments have a superficial attraction which did not characterise the previous Amendment dealing with a similar point. The attractiveness and logic stem from the exception which the Government have already made in the case of the islands. One agrees that there should be a geographical criterion of this kind applied, and the scope for obtaining this attraction is almost limitless.

In the case of my own constituency which was canvassed during the Committee stage, there has been an argument advanced by the Highlands and Islands Development Board that a geographical exception should be made on the lines of Amendment 267. As there was not a full opportuntiy to answer the case that has been made by the Highlands and Islands Development Board at an earlier stage of this Bill for a geographical exception along those lines, I hope that my right hon. Friend will take the opportuntiy provided by this short debate to set at rest any remaining fears which there may be of the effect of the quantity licensing provisions upon those parts of the country which are remote from rail heads.

It seems to me clear that the provisions in the later Section 70 establish the criteria on which objections will be upheld, and completely set at rest any fears that the important industries in those areas, particularly the fishing industry, will be put at some disadvantage by virtue of the quantity licensing provisions.

It is clear that in the case of ports situated more than 30 miles from a rail head it will be impossible for British Railways to establish that even if they were not interested in doing so, which is inconceivable in the light of British Railways in this field. It would be impossible for them to establish that it was not to the advantage of the consigner.

Would the hon. Gentleman not agree with my suggestion in Amendment No. 265, which I moved, that in these circumstances it would be best to relieve such business from the procedure of an application and waiting for the answer if such applications are always to be granted?

If applications are always to be granted automatically—and presumably the hon. Gentleman assumes that this is so—this is a fact which businesses will take into account and plan accordingly.

The disadvantages of accepting the geographical principle are that it would still require evaluation of the facts by some body, whether it be the Minister or the licensing authority, to determine whether or not, in the circumstances, the applicant came within the geographical limitation. Consequently, I cannot see that any time would be saved, as it would have to establish that it fell within the scope of the exception referred to in the Amendments.

These points have all be elaborately debated earlier, but I hope that my hon. Friend will take the opportunity to make it clear beyond peradventure that industries established in remoter parts will not be disadvantaged because of objection by British Railways or any other authority to the issue of quantity licensing.

On Amendment No. 265, we in the South-West, particularly in the remoter areas, are in a dilemma. Many people who produce milk and meat would like to send them by rail, but it is not always possible as large areas of North and West Devon and North Cornwall are without any rail heads. Therefore, it is difficult for them, as I believe would be right, to transfer some of their heavy loads on to the railways.

In the past, when it has been possible to send milk and meat by rail, the general service given by the railways has been sadly lacking, which is one reason why people have gone away from this form of transport. It is extraordinary that while there is a desire to transfer some heavy loads back to the railways again, at the moment coal and clay are being allowed in, but we cannot send milk and meat out. It is extraordinary that British Railways have liner trains, even in our area, to bring in coal and clay, but we cannot send out milk or meat. It is just one-way traffic. This shows some fault with British Railways and the service they are giving.

It seems to me that this Amendment is entirely right. In the very remote areas in which some of us live it is not possible to carry out what one would like to do. I support this Amendment.

I hope that the Minister will look at these Amendments sympathetically. I would ask him especially to consider the position in Scotland, where real problems of distance confront many small enterprises in remote areas. I have several industries and trades in mind. My hon. Friend the Member for South Angus (Mr. Bruce-Gardyne) and other hon. Members have spoken about the difficulties which confront the soft-fruit industry. In my constituency, I have a substantial raspberry-growing industry, which, at present, makes substantial use of the railways.

The industry spreads into the constituencies of my hon. Friend the Member for South Angus and other neighbouring constituencies, and there use is made of the Strathmore railway line. The passenger service has been closed down and I assume that the freight service is under a cloud, also. What would be the position under this Clause if the railway service were to be withdrawn? I trust that the Minister will bear matters of this kind in mind when considering the Amendment.

This type of business is one which is very susceptible to climate and delay. In the case of a highly-perishable product, if there is any delay at all markets will be lost and the consignments could well be ruined. I tremble to think of the delays which would accompany the bureaucratic procedures which this Clause introduces.

Similar difficulties would apply to the seed potato trade, which my hon. Friend the Member for North Angus and Mearns (Mr. Buchanan-Smith) mentioned. Seed potato growers have made enormous use of the railway service, as the managers were most helpful to them. Here again, the local railway line is under threat. What will their position be under the Clause if the Amendment is not accepted?

An alternative means of transport must be available for the potato trade. There must be a choice, because often potato traders have found that, through no fault of the local railway organisataion, the wagons they require for the dispatch of seed potatoes have not been available because of a muddle or confusion further down the line. Wagons were not available because of, for example, the London dock strike, for which the railway authorities can hardly be blamed.

If a seed potato merchant finds that wagons are not available, he must, under the Clause without the Amendment, go through the procedure of writing to the road licensing authority to get special authorisation to dispatch his consignment of potatoes by road—this probably at a time of the year when they are susceptible to frost damage. How long will this cumbersome, bureaucratic procedure take to complete?

What will be the position of a small building contractor such as one in my constituency who carries out many small building projects throughout Scotland and sends his materials by road? Will he be obliged to use the railways? He would escape the imposition of the Clause as drafted if the Amendment were accepted. What will be the position of special loads? I recently wrote to the Minister about the transportation of caravans. A firm in my constituency despatches caravans to various parts of the country on large trailers. It is clear that this is not the type of load for the railways, and I assume that the firm would escape the provision. I hope that the Minister will give us some guidance on the matter.

What concerns my constituents as much as anything is the problem that they will face if they are in country districts some way removed from a rail head and are obliged to use the railways. What will happen if they discover that the railway service is denied them by the removal of the line, or by the non-appearance of wagons and they are forced to use road traffic, which is the only alternative? This is particularly worrying for those dealing with perishable items or goods which are susceptible to climatic damage, such as seed potatoes. Is the Minister suggesting that people in this position should go through the bureaucratic procedure of writing in for special dispensation to allow them to send their crops by the most obvious means of transport? Is he suggesting that this should be done when delays might occur which might damage those crops by the time the authorisation comes through?

Some hon. Members, particularly hon. Gentlemen opposite, are over-fearful about British Railways trying to take over traffic which they cannot carry. It is estimated that the railways can carry 33 per cent. more than they are at present carrying, more efficiently and more cheaply than road transport. This is an enormous increase. It is foolish to assume that the railways will try to capture traffic which they cannot adequately handle, particularly since they can expect to increase their carrying capacity, anyway. It is obvious that the railways will go after that traffic which they are most capable of handling profitably.

Is the hon. Gentleman aware that the Amendment is designed to cover situations where no railways are able to undertake the work?

4.15 p.m.

That would be an obvious example of traffic which is unsuitable for the railways. It is wrong to assume that the railways will want such traffic, or that the licensing authorities will grant it to the railways. After all, are there not a number of safeguards in the Bill? Consider the case of an area which is remote from the railhead.

I trust that hon. Gentlemen opposite will allow me to say a few words without interruption. After all, who was responsible for getting rid of railway lines?

The hon. Gentleman cannot get away with that one. The Strathmore line, to which I referred, lost its passenger service as a direct result of action taken by the present Government. Moreover, at the last General Election, the Minister of—

Order. We have much to debate. Beeching does not arise on this Amendment.

Order. Whoever ran down the railways, if they are run down, does not arise on this Amendment. The hon. Gentleman must address his remarks to the Amendment.

If the hon. Member for Perth and East Perthshire (Mr. MacArthur) had been present during our earlier debates, he would have heard the answer to his question.

I was referring to areas which are remote from railheads. Hon. Gentlemen opposite have assumed that, in those circumstances, the railways will not be able to provide an adequate collection and delivery service. Perhaps they will not want to, or perhaps the licensing authority will not want them to. There have been several cases where the railways have rejected traffic of this kind and there have been complaints from farmers as a result of that rejection. In many parts of the country, and particularly in rural areas, farmers send what suits them by road—the profitable stuff—and the rest by rail. It is rather like comparing potatoes with raspberries. Many cases of this kind have occurred in East Anglia.

It should be remembered that the railways are able to provide collection and delivery services. It is interesting to note that when these services have been provided a much more comprehensive system of railway freight, collected and delivered, has been established. There is often a great improvement in the services provided by the railways because of the concentration of goods depots, and this makes for speedy collection and delivery.

I regret that many Opposition Amendments appear to have been tabled with the idea of weakening the principle of the Bill. I regret it because the principle is the excellent one of improving our transport system. Almost without exception, every Opposition Amendment has not been constructive, but has merely been designed to denigrate this excellent principle. I hope that eventually hon. Gentleman opposite will realise that what the Government are proposing is the only way to put the country's transport system right.

I hope that the Minister, in considering the Amendments, will give an assurance about highly perishable produce. In horticulture, the time factor is vital. A delay of 24 hours may mean that a crop is completely unsuitable for the market. In the constituency of the hon. Member for Norfolk, South-West (Mr. Hawkins) strawberries are grown, which, if they are delayed even for a few hours, lose the top-quality market. However willing the railway manager, and however zealous the railways may be to give a good service, once perishable produce is left at the railhead, no control remains, and delay will result in damage.

With respect, we are not seeking to control traffic because of perishable goods. The hon. Member must link his argument to the Amendment which, as he knows, depends on whether there is a railway and how far away it is.

Timing determines whether or not the railway can be practicable. Even if freightliners are running, they may be useless for certain perishable produce if the timing of the dispatch has to be shorter than the notice of 48 hours which British Railways require for the freightliner service. I hope that the Minister will take into account that if existing road haulage businesses are destroyed, and the railways fail to handle the traffic, there will be no transport at all for perishable produce.

I have been shocked by what I have heard from the benches opposite. It bears no relation to the kind of produce with which we ought to be dealing. The sentiments which have been echoed followed closely along the lines of the campaign which has been conducted by the Road Haulage Association. I intend to take some of the references that have been made by hon. Gentlemen with exactly the same degree of seriousness as I have taken the campaign—which is none at all.

Hon. Gentlemen opposite want freedom to use the railways when nothing else is available. They wish to have the railways standing by in case their road haulier friends are unable to provide services. The argument is, "Let us have the railways as a common carrier. We do not like them normally, because they happen to be 40 miles away, but we would like them to remain as a fall-back." I was shocked to hear the hon. Member for South Argus (Mr. Bruce-Gardyne), say this morning that he wished to see a railway line in his constituency closed down.

Hon. Gentlemen know from assurances which have been given in Standing Committee and on the Floor of the House during and before the Report stage that, in the areas referred to in the Amendments, the British Railways Board and the National Freight Corporation will not be interested in the largest part of the traffic. They will not have collection and delivery facilities, and they will not be able to carry horticultural produce. My own experience in handling horticultural produce from the Vale of Evesham is that, because of the inability of British Railways and the National Freight Corporation to handle this kind of traffic, they will not show any interest in doing so. Fruit, vegetables and horticultural produce involve small pick-ups and drops, which make it unsuited for the Railways Board or the Corporation.

Apart from this, the hon. Gentlemen cannot even put down the Amendment properly. If they seriously wanted to exclude that kind of traffic, 40 miles is a very bad limit. In parts of Kent, Bedfordshire, the Vale of Evesham, and even in Cornwall, horticultural and agricultural produce is grown within 40 miles from the rail terminal.

Hon. Gentlemen are asking to have the railways as a standby. They know, that if they can keep the railways open in the event of ice and snow, then they can blame the railways for making losses. For these reasons, I urge rejection of the Amendments.

I would not have intervened and taken up time on this part of the Bill but for the fact that a considerable amount of time is being wasted on the other side by Amendments which are completely irrelevant. The Amendments deal with whether there is a railway line, the distance of the starting point and unsuitability.

The Opposition have made great play about the shortage of time to deal with vital aspects of the Bill, but they must be aware that all these points are already covered by the Bill. The Bill provides that there is nothing to hinder a road haulier from taking any of this traffic at any time unless the railways object and ask for the traffic. As my hon. Friend the Member for Nuneaton (Mr. Leslie Huckfield) has said, the railways are not likely to look for traffic which they cannot suitably carry and which it will be difficult for them to carry in a reasonable manner.

It is clear from Clause 70 (3) and (4) that, even if they did object, they would not get the traffic because the conditions which are mentioned in the Amendments make it unsuitable for carriage by rail. The railway authorities, under the provisions of subsections (3) and (4), could not satisfy the licensing authority that they could, with the disadvantages of the mileage, the non-existence of the railway station, and so on, carry the goods equally well, at greater speed and efficiency or at less cost. I wonder what all the argument has been about.

One or two minor points have been raised which are worthy of answer by the Minister, but if the Opposition intend to insist on taking up as much time on a matter which has no effect at all as they have so far—

4.30 p.m.

Is the hon. Gentleman accusing us of wasting time? May I point out to him that one more hon. Member has spoken from the benches opposite than from this side of the House?

Yes, and I am the one, and I rose only to protest that the objections of hon. Gentlemen opposite about the shortage of time are quite unreal, in view of their tactics.

The only point which may have any significance comes in Amendment No. 267, which refers to a starting point or a destination more than 40 miles distant from the rail terminals. That could give rise to considerable anomalies. There might be a point which was 39¾ miles from a terminal, and I can imagine the questions and accusations which would come from hon. Gentlemen opposite about the Minister drawing lines within a quarter of a mile to conform to an Amendment which they themselves have put down.

Surely it would be better to stand by the provisions of the Bill and leave it to the traffic commissioners to decide, in the light of the circumstances prevailing, whether 40, 30, or even 50 miles was the more satisfactory distance. I would have thought that that was a much more reasonable and sensible way of dealing with the point than putting a definitive mileage in the Bill.

For those reasons, I hope that, after the Minister has dealt with the local points which have been raised, all these Amendments will be rejected.

We have had a rather lengthy debate on this group of Amendments, but I do not complain about that because I know that a number of hon. Gentlemen opposite consider that they strike at the heart of the matter and, therefore, are to be regarded as of the highest importance in relation to this part of the Bill. In view of that, Mr. Deputy Speaker, I hope that you will allow me to try to put the whole matter in perspective, and then I will come to the merits or demerits of the Amendments.

As hon. Members know, for many years we have had a carriers' licensing system which includes a form of quantity control. It is not a very effectual system, but we have quite a long experience of it. In our reform of the carriers' licensing system, we have taken three basic steps. We have abolished licensing altogether for a substantial proportion of commercial vehicles, about 900,000 of the total of 1½ million. Then we have introduced quality licensing. Finally, we have introduced a novel form of quantity control applicable to a smaller number of vehicles than are subject to "A" licensing today, something under 100,000, compared with 190,000 today, but biting in an effective way on the operations of those vehicles, which is not achieved by the present system.

For a very long period, the trend has been for traffic to transfer from rail to road, and we have deliberately set out to try, in the national interest, to provide for a transfer of traffic from road to rail, notwithstanding the fact that, even on our optimum calculations, it will continue to mean a growth of the road transport industry and that in 10 years' time our roads will carry a greater proportion of the country's goods.

We have done it by saying that quantity control shall be applicable only to journeys of over 100 miles by vehicles of over 16 tons gross weight and to the carriage of specified bulk commodities over any distance. That is estimated to affect 100,000 of the 1½ million vehicles in the business. I stress that, because there is still a misapprehension that, somehow, it is applicable to all vehicles and all journeys.

Hon. Gentlemen opposite move to amend the system in three ways. First, they wish to insert an exemption by altering the definition of the controlled journey by saying that it should not apply where there is no railway system. Second, they move to say that, where the railway terminals are more than a certain distance from the origin or destination of the journey, the system should not be applicable. Third, hon. Members on the Liberal benches propose that certain types of goods should be exempted where they are certified as being unsuitable for transportation by rail.

To make the system workable, we are anxious to establish the general rule. Clearly, that will be unpalatable to those who are utterly opposed to any kind of quantity control. It has been interesting to hear that the Conservative Party is against any form of quantity control and is in favour of total laisser-faire. To those who are against any form of quantity control, it will be unpalatable, but we must seek to make the system workable by establishing the general rule.

I know that there is power in the Bill for the making of exemptions from quantity licensing. In Committee, we produced a provisional list of items that it was proposed to exclude for good and sufficient reasons. The three items were the carriage of household furniture, the carriage of livestock, and journeys between off-shore islands. I must tell my hon. Friend the Member for Western Isles (Mr. Malcolm MacMillan) that the latter item means not only in and between the off-shore islands, but between the islands and the mainland. However, it does not cover journeys which continue over 100 miles on the mainland and which might be suitable for freighters.

The three items that the hon. Gentleman has listed were debated in Standing Committee, but does he envisage that perishable goods would be among the matters to be included in a later list?

I said that this was a provisional list. However, if we are to make the system work in pursuit of the aims that we have set out to achieve, the more exemptions and exceptions written into the Statute or into regulations, the more unworkable the system will become and the more unlikely it will be to achieve those aims. We therefore approach in a highly critical fashion any proposition for exemptions.

Will not the hon. Gentleman give an undertaking about transport of perishable goods? Does he recognise that under the working of this Clause many perishable goods will perish?

I do not think that the hon. Member is correct. He has seriously overlooked the safeguards written into the Bill.

May I remind my hon. Friend that certain people are receiving very good service through perishable goods being carried overnight and arriving fresh in the morning at their destinations? I should not like the Minister to do anything which would weaken the resolve of those people to send their goods by freightliner trains.

I hope that nothing I say will weaken the resolve of those who use freightliner trains for the conveyance of all kinds: of commodities to do so in future.

In answer to the hon. Member for Moray and Nairn (Mr. G. Campbell), I point out that Clause 68(2)(b), dealing with a controlled journey, covers a transport service, not only one journey. It may be a pattern of journeys on a regular basis according to the particulars given to the licensing authority. I assure the hon. Member that the conception embodied in the Statute is that a licensing authority can consider a whole pattern of journeys, including back loads and back journeys. This would reduce any necessity for bureaucracy so long as the licensing authority was satisfied on the basis of speed, reliability and cost that the goods should go by road.

That is also my answer to questions about perishable goods from the West Country. This should genuinely be the test. If it is the conviction of hon. Members and their constituents that these goods must go by road transport on account of certain factors, on account of efficiency, seasonal fluctuations and perishability, it should also be the conviction of those hon. Members and their constituents that they would have no difficulty in convincing an independent licensing authority that on the strict test of speed, reliability and cost these permits should be granted almost automatically.

In Clause 69(2) we have met the point made by the Liberal Party about certification. That subsection provides deliberately for a certification procedure very close to the lines of the Liberal Amendment. It waives the whole of the objection procedure and the waiting days if the haulier can give the licensing authority a certificate that the Railway Board does not object. In fact, that process has been going on for a long time already. Recently, a public speech was made by the Chairman of the Railways Board in which he said that the Board will not take up a ridiculous posture of offering formal objections in cases where there are no railway lines or service on freight lines.

It would be a ridiculous and extraordinary misrepresentation of the relationship between road hauliers and the managers of British Railways to suggest that they would indulge in an absurd dialogue where no possibility of rail transport exists. Under Clause 69(2) there is automatic granting of licences where a certificate is issued and the railway authorities cannot object because they cannot provide a service.

4.45 p.m.

A horticulturist may be growing a highly perishable crop and sending day after day to a market. Then he wishes to switch to another market. Perhaps he has been sending from Cheddar to Covent Garden and he wishes to switch to Newcastle. Would he get an automatic certificate in the course of an afternoon?

If the hon. Member is asking me about the judgment that would be made by British Railways or the Freight Corporation management, it would be entirely wrong for me to prejudge what attitude they would take, but I call attention to Clause 71, which provides for the emergency granting or the granting in exceptional circumstances of authorisations, again waiving the whole of the objection procedure. If a case were made at a few hours' notice that action must be taken because of the nature of the goods, that would be done. That is why we have inserted that Clause. The licensing authority is given discretionary power to grant these authorisations.

While we want to establish a general rule and, therefore, not to write exemptions into the Statute, we want flexible administration. There will be some exemptions, but there will be flexibility and the possibility of road hauliers agreeing with British Rail and the Freight Corporation that certain journeys must be done by road because of questions of speed, reliability and cost. That is why I cannot accept the Amendment, but I give the assurance on Amendment No. 272 that in Clause 69(2) the point is met. With the reasonable relationship between the road haulage industry and the Railways Board and the Freightliner management, the purpose which they wish to achieve, if this is the most efficient way of doing the job, will be achieved.

I am sorry to start my speech in the rather exceptional circumstances of the hon. Member for Western Isles (Mr. Malcolm MacMillan) not being in his place. I regret that, because I wanted to congratulate him. He ended his speech by saying that this is a good Transport Bill. If my constituency were like his, the only constituency in the country exempt both from P.T.A.s and quantity licensing, I might have felt the same. His constituents must be considered some of the most fortunate in the United Kingdom.

The hon. Member for Central Ayrshire (Mr. Manuel) intervened following the speech of the hon. Member for Aberdeen-shire, West (Mr. James Davidson) because he is very enthusiastic, as I think most of us are, in trying to ensure that the reputation of railwaymen should be in no way damaged. As he was a railwayman for many years, we appreciate that, but the hon. Member for Aberdeenshire, West did not wish to put a slur on the reputation of railwaymen. He said that someone had made a decision not to send goods by rail because when he did so the goods suffered pilferage.

Likewise, it was pointed out by the hon. Gentleman that people sending goods by lorries doubtless suffer the same thing, and decide to send them by rail. The hon. Member was pointing out that it was a matter of choice. Certain types of goods might well suffer more pilferage by road than by rail, and vice versa. I agree with the hon. Member for Central Ayrshire that the railwaymen have a high reputation for integrity and good service to the public.

I am very pleased that the hon. Member has raised this matter. If I mistakenly took it that the hon. Member for Aberdeenshire, West (Mr. James Davidson) was meaning that railwaymen had pilfered goods sent by rail, I unreservedly withdraw any allegations.

I did not mention railway workers. I did not mention any particular group of people. I merely said that goods of this nature had been pilfered when sent by rail. I said, "when sent by rail", not, "by railway workers". The hon. Gentleman can look it up in HANSARD tomorrow.

The hon. Member for Aberdeenshire, West, has made it perfectly clear that he meant no imputation against railwaymen. Both sides of the House will agree with that.

We were disappointed with the Minister's remarks. The difference between us was summed up when the hon. Gentleman said that the Government's attitude was that they want the minimum of exceptions to quantity licensing. We on this side want to avoid unnecessary bureaucracy. We cannot see why we should have a system under which, for example, people in a part of Scotland where there are no railways go through the process constantly when they suddenly want to send goods for more than 100 miles. They will have to make this sort of application, well knowing that they will get approval, and this is completely unnecessary. The reason why the Western Isles and the islands are exempted is that they do not possess railways, and the Government obviously consider that it would be a complete waste of time to put them through the process.

The hon. Gentleman constantly intervenes during these debates. He makes uninteresting interventions that are off the point, and 1 shall not give way.

Amendment No. 265 would result in considerable areas of Scotland and other localities being saved the appalling bureaucracy that quantity licensing involves. The people in the areas would know that they can invest in lorries and other vehicles and how they can organise their transport.

Division No. 193.]

AYES

[4.54 p.m.

Alison, Michael (Barkston Ash)Clegg, WalterGrant, Anthony
Allason, James (Hemel Hempstead)Cooke, RobertGrant-Ferris, R.
Astor, JohnCooper-Key, Sir Neil)Gresham Cooke, R.
Atkins, Humphrey (M't'tl & M'd'n)Corfield, F. V.Grieve, Percy
Awdry, DanielCosta in, A. P.Griffiths, Eldon (Bury St. Edmunds)
Baker, Kenneth (Acton)Crouch, DavidGrimond, Rt. Hn. j.
Baker, W. H. K. (Banff)Crowder, F. P.Hall, John (Wycombe)
Bairtiel, LordCunningham, Sir KnoxHall-Davis, A. C. F.
Barber, Rt. Hn. AnthonyCurrie, G. B. H.Hamilton, Michael (Salisbury)
Batsford, BrianDalkeith, Earl ofHarris, Frederic (Croydon, N.W.)
Beamish, Col. Sir TuftonDavitfson,James(Aberdeenshire,W.)Harrison, Brian (Maldon)
Belt, RonaldDean, Paul (Somerset, N.)Harrison, Col. Sir Harwood (Eye)
Bennett, Sir Frederic (Torquay)Deedes, Rt. Hn. W. F. (Ashford)Harvey, Sir Arthur Vere
Berry, Hn. AnthonyDodds-Parker, DouglasHarvie Anderson, Miss
Bessell, PeterDoughty, CharlesHastings, Stephen
Biffen, JohnDrayson, G. B.Hawkins, Paul
Biggs-Davison, Johndu Cann, Rt. Hn. EdwardHay, John
Black, Sir CyrilEden, Sir JohnHeald, Rt. Hn. Sir Lionel
Blaker, PeterElliot, Capt. Walter (Carshalton)Heath, Rt. Hn. Edward
Boardman, Turn (Leicester, S.W.)Elliott, R.W.(N'c'tle-upon-Tyne,N.)Heseltine, Michael
Body, RichardEmery, PeterHiggins, Terence L.
Bossom, Sir CliveErrington, Sir EricHiley, Joseph
Boyd-Carpentor, Rt. Hn. JohnEvans, Gwynfor (C'marthen)Hill, J. E. B.
Boyle, Rt. Hn. Sir EdwardEyre, ReginaldHogg, Rt. Hn. Quintin
Braine, BernardFarr, JohnHolland, Philip
Brewis, JohnFisher, NigelHordern, Peter
Brinton, Sir TattonFletcher-Cooke, CharlesHornby, Richard
Bromley-Davenport, Lt.-Col.Sir WalterFortescue, TimHowell, David (Guildford)
Brown, Sir Edward (Bath)Foster, Sir JohnHunt, John
Bruce-Cardyne, J.Fraser, Rt.Hn.Hugh (St'fford & Stone)Hutchison, Michael Clark
Bryan, PaulGalbraith, Hn. T. GIremonger, T. L.
Buchanan-Smith, Alick(Angus, N & M)Gibson-Watt, DavidIrvine, Bryant Godman (Rye)
Buck, Antony (Colchester)Giles, Rear-Adm. MorganJenkin, Patrick (Woodford)
Bullus, Sir EricGilmour, Ian (Norfolk, C.)Jennings, J. C. (Burton)
Burden, F. A.Gilmour, Sir John (Fife, E.)Johnston, Russell (Inverness)
Campbell, GordonGlyn, Sir RichardJones, Arthur (Northants, S.)
Carr, Rt. Hn. RobertGodber, Rt. Hn. J. B.Kaberry, Sir Donald
Cary, Sir RobertGoodhart, PhilipKerby, Capt. Henry
Chichester-Clark, R.Goodhew, VictorKershaw, Anthony
Clark, HenryCower, RaymondKimball, Marcus

I normally respect the views of the hon. Member for Sheffield, Attercliffe (Mr. John Hynd) on this topic, but he failed to recognise that it is not just the railways that could object. The National Freight Corporation, which could have a branch using only lorries in one of those areas, could decide many hundreds of miles away to use a railway for a proportion of a journey, and could object.

I was replying to the points made in the debate by hon. Members opposite in reference to the railways.

The Amendments concern the fact that if there is no railway in an area the N.F.O. may well have a depot there and can object, and the whole process of licensing comes into the matter, in our view unnecessarily. Therefore, I am completely dissatisfied with the Minister's reply and I urge my right hon. and hon. Friends to support the Amendment.

Question put: That the Amendment be made: —

The House divided: Ayes 227, Noes 260.

King, Evelyn (Dorset, S.)Noble, Rt. Hn. MichaelSpeed, Keith
Kirk, PeterNott, JohnStainon, Keith
Kitson, TimothyOnslow, CranleyStodart, Anthony
Knight, Mrs. JillOrr, Capt. L. P. S.Stoddart-Scott, Col. Sir M. (Ripon)
Lambton, ViscountOrr-Ewing, Sir IanTapsell, Peter
Lancaster, Col. C. C.Page, Graham (Crosby)Taylor, Sir Charles (Eastbourne)
Lane, DavidPage, John (Harrow, W.)Taylor, Edward M. (G'gow, Cathcart)
Legge-Bourke, Sir HarryPardoe, JohnTaylor, Frank (Moss Side)
Lewis, Kenneth (Rutland)Pearson, Sir Frank (Clitheroe)Teeling, Sir William
Lloyd, Rt.Hn.Geoffrey(Sut'nC'd field)Peel, JohnTemple, John M.
Lloyd, Ian (P'tsm'th, Langstone)Peyton, JohnThatcher, Mrs. Margaret
Lloyd, Rt. Hn. Selwyn (Wirral)Pike, Miss MervynThorpe, Rt. Hn. Jeremy
Lubbock, EricPink, R. BonnerTurton, Rt. Hn. R. H.
McAdden, Sir StephenPounder, RaftonVaughan-Morgan, Rt. Hn. Sir John
MacArthur, IanPowell, Rt. Hn. J. EnochVickers, Dame Joan
Mackenzie, Alasdair(Ross&Crom'ty)Price, David (Eastleigh)Wainwright, Richard (Colne Valley)
Maclean, Sir FitzroyPrior, J. M. L.Walker, Peter (Worcester)
Macleod, Rt. Hn. lainPym, FrancisWalker-Smith, Rt. Hn. Sir Derek
McMaster, StanleyQuennell, Miss J. M.Wall, Patrick
Macmillan, Maurice (Farnham)Ramsden, Rt. Hn. JamesWalters, Dennis
Maddan, MartinRenton, Rt. Hn. Sir DavidWebster, David
Maginnis, John E.Rhys Williams, Sir BrandonWells, John (Maidstone)
Marples, Rt. Hn. ErnestRidley, Hn. NicholasWhitelaw, Rt. Hn. William
Marten, NeilRidsdale, JulianWilliams, Donald (Dudley)
Maude, AngusRodgers, Sir John (Sevenoaks)wills, Sir Gerald (Bridgwater)
Mawby, RayRossi, Hugh (Hornsey)Wilson, Geoffrey (Truro)
Mills, Peter (Torrington)Royle, AnthonyWinstanley, Dr. M. P.
Mills, Stratton (Belfast, N.)Russell, Sir RolandWolrige-Gordon, Patrick
Miscampbell, NormanSt. John-Stevas, NormanWood, Rt. Hn. Richard
Mitchell, David (Basingstoke)Scott, NicholasWoodnutt, Mark
Monro, HectorScott-Hopkins, JamesWorsley, Marcus
Montgomery, FergusSharpies, RichardWylie, N. R.
Mott-Radclyffe, Sir CharlesShaw, Michael (Sc'b'gh & Whitby) Younger, Hn. George
Munro-Lucas-Tooth, Sir HughSilvester, Frederick
Murton, OscarSinclair, Sir GeorgeTELLERS FOR THE AYES:
Neave, AireySmith, Dudley (W'wick & L'mington)Mr. Jasper More and
Nicholls, Sir HarmarSmith, John (London & W'minster)Mr. Bernard Weatheriil.

NOES

Abse, LeoCraddock, George (Bradford, S.)Galpern, Sir Myer
Albu, AustenCrawshaw, RichardGarrett, W. E.
Alldritt, WalterCronin, JohnGourlay, Harry
Allen, ScholefieldCrosland, Rt. Hn. AnthonyGray, Dr. Hugh (Yarmouth)
Anderson, DonaldCullen, Mrs. AliceGregory, Arnold
Archer, PeterDalyell, TamGrey, Charles (Durham)
Armstrong, ErnestDavies, Ednyfed Hudson (Conway)Griffiths, David (Bother Valley)
Atkins, Ronald (Preston, N.)Davies, G. Elfed (Rhondda, E.)Griffiths, Rt. Hn. James (Llanelly)
Bacon, Rt. Hn. AliceDavies, Dr. Ernest (Stretford)Hamling, William
Bagier, Gordon A. T.Davies, Harold (Leek)Hannan, William
Barnes, MichaelDavies, Ifor (Gower)Harper, Joseph
Barnett, JoelDavies, S. 0. (Merthyr)Harrison, Walter (Wakefield)
Bence, Cyrilde Freitas, Rt. Hn. Sir GeoffreyHaseldine, Norman
Benn, Rt. Hn. Anthony WedgwoodDelargy, HughHattersley, Roy
Bennett, James (G'gow, Bridgeton) Dell, EdmundHealey, Rt. Hn. Denis
Binns, JohnDempsey, JamesHenig, Stanley
Bishop, E. S.Dewar, DonaldHooley, Frank
Blackburn, F.Diamond, Rt. Hn. JohnHoughton, Rt. Hn. Douglas
Blenkinsop, ArthurDickens, JamesHowarth, Harry (Wellingborough)
Boardman, H. (Leigh)Doig, PeterHowarth, Robert (Bolton, E.)
Booth, AlbertDriberg, TomHowie, W.
Bottomley, Rt. Hn. ArthurDunn, James A.Hoy, James
Boyden, JamesDurnnett, JackHuckfield, Leslie
Braddock, Mrs. E. M.Dunwoody, Mrs. Gwyneth (Exeter)Hughes, Rt. Hn. Cledwyn (Anglesey)
Bradley, TomDunwoody, Dr. John (F'th & C'b'e) Hughes, Emrys (Ayrshire, S.)
Brooks, EdwinEadie, AlexHughes, Hector (Aberdeen, N.)
Broughton, Dr. A. D. D.Edelman, MauriceHughes, Roy (Newport)
Brown, Hugh D. (G'gow, Provan)Edwards, Robert (Bilston)Hunter, Adam
Brown, R. W. (Shoreditch & F'bury)Edwards, William (Merioneth)Hynd, John
Buchan, NormanEllis, JohnIrvine, Sir Arthur (Edge Hill)
Buchanan, Richard (G'gow, Sp'bum)English, MichaelJackson, Colin (B'h'se & Spenb'gh)
Butler, Herbert (Hackney, C.)Ennals, DavidJackson, Peter M. (High Peak)
Butler, Mrs. Joyce (Wood Green)Ensor, DavidJanner, Sir Barnett
Callaghan, Rt. Hn. JamesEvans, Albert (Islington, S.W.)Jay, Rt. Hn. Douglas
Cant, R. B.Faulds, AndrewJeger, George (Goole)
Carmichael, NeilFletcher, Raymond (Iikeston)Jeger, Mrs.Lena(H'b'n & St.P'cras, S.)
Carter-Jones, LewisFletcher, Ted (Darlington)Jenkins, Rt. Hn. Roy (Stechford)
Castle, Rt. Hn. BarbaraFoley, MauriceJohnson, Carol (Lewisham, S.)
Chapman, DonaldFoot, Rt. Hn. Sir Dingle (Ipswich) Johnson, James (K'ston-on-Hull, W.)
Coe, DenisFoot, Michael (Ebbw Vale)Jones, Dan (Burnley)
Coleman, DonaldForrester, JohnJones, Rt. Hn.Sir Elwyn(W.Ham,S.)
Concannon, J. D.Fowler, GerryJones, J. Idwal (Wrexham)
Conlan, BernardFraser, John (Norwood)Jones, T. Alec (Rhondda, West)
Corbet, Mrs. FredaFreeson, ReginaldJudd, Frank

Kelley, RichardMorris, Charles R. (Openshaw)Silkin, Rt. Hn. John (Deptford)
Kerr, Mrs. Anne (R'ter & Chatham)Morris, John (Aberavon)Silkin, Hn. S. C. (Dulwich)
Kerr, Russell (Feltham)Moyle, RolandSilver-man, Julius (Aston)
Lawson, GeorgeNeal, HaroldSlater, Joseph
Ledger, RonNewens, StanSmall, William
Lee, John (Reading)Noel-Baker, Rt. Hn. Philip (Derby, S.)Snow, Julian
Lestor, Miss JoanNorwood, ChristopherSpriggs, Leslie
Lever, Harold (Cheetham)Ogden, EricStrauss, Rt. Hn. G. R.
Lewis, Ron (Carlisle)O'Malley, BrianSummerskill, Hn. Dr. Shirley
Lipton, MarcusOram, Albert E.Swain, Thomas
Lomas, KennethOrme, StanleySwingler, Stephen
Lyon, Alexander w. (York)Oswald, ThomasSymonds, J. B.
Lyons, Edward (Bradford, E.)Owen, Dr. David (Plymouth, S'tn)Taverne, Dick
Mabon, Dr. J. DicksonPalmer, ArthurThomas, Rt. Hn. George
McBride, NeilPanned, Rt. Hn. CharlesThomson, Rt. Hn. George
McCann, JohnPark, TrevorThornton, Ernest
MacColl, JamesParker, John (Dagenham)Tinn, James
MacDermot, NiallParkyn, Brian (Bedford)Tomney, Frank
Macdonald, A. H.Pavitt, LaurenceUrwin, T. W.
McGuire, MichaelPearson, Arthur (Pontypridd)Varley, Eric G.
McKay, Mrs. MargaretPeart, Rt. Hn. FredWainwright, Edwin (Dearne Valley)
Mackenzie, Gregor (Rutherglen)Pentland, NormanWalden, Brian (All Saints)
Mackle, JohnPerry, George H. (Nottingham, S.)Walker, Harold (Doncaster)
Mackintosh, John P.Prentice, Rt. Hn. R. E.Watkins, David (Consett)
Maclennan, RobertPrice, Thomas (Westhoushton)Watkins, Tudor (Brecon & Radnor)
McMillan, Tom (Glasgow, C.)Probert, ArthurWellbeloved, James
McNamara, J. KevinRandall, HarryWhitaker, Ben
MacPherson, MalcolmRankin, JohnWhitlock, William
Marion, Peter (Preston, S.)Rees, MerlynWilliams, Alan (Swansea, W.)
Mahon, Simon (Bootle)Reynolds, G. W,Williams, Alan Lee (Hornchurch)
Mallalieu, E, L. (Brigg)Rhodes, GeoffreyWilliams, Clifford (Abertillery)
Mallalieu, J.P. W. (Huddersfield, E.)Richard, IvorWilliams, Mrs. Shirley (Hitchin)
Manuel, ArchieRobertson, John (Paisley)Willis, Rt. Hn. George
Marks, KennethRobrnson, Rt.Hn,Kenneth(St.P'c'as)Wilson, Rt. Hn. Harold (Huyton)
Marsh, Rt. Hn. RichardRobinson, W. 0. J. (Walth'stow, E.)Wilson, William (Coventry, S.)
Mason, Rt. Hn. RoyRodgers, William (Stockton)Winnick, David
Mayhew, ChristopherRoebuck, RoyWoodburn, Rt. Hn. A.
Mendelson, J. J.Rose, PaulWoof, Robert
Mikardo, IanRyan, JohnWyatt, Woodrow
Millan, BruceShaw, Arnold (llford, S.)Yates, Victor
Miller, Dr. M. S.Sheldon, Robert
Milne, Edward (Blyth)Shinwell, Rt. Hn. E.TELLERS FOR THE NOES:
Mitchell, R. C. (S'th'pton, Test)Shore, Rt. Hn. Peter (Stepney)Mr.Alan Fitch and
Morgan, Elystan (Cardiganshire)Short, Rt.Hn.Edward(N'c'tle-u-Tyne)Mr. Joan L. Evans.

Amendment made: No. 268, in page 96,line 2, leave out ' ten ' and insert ' eleven '.—[ Mr. Swingler.]

Clause 69

OBJECTIONS TO GRANT OF SPECIAL AUTHORISATIONS

I beg to move Amendment No. 277, in page 97,line 7, after ' Act', insert:

' within five days of receipt of the application in the form prescribed in the foregoing section '.
I understand that we shall also discuss the following Amendment standing in my name, No. 278, in page 97, line 20, leave out ' fourteen ' and insert ' seven '.

This Clause deals with objections to special authorisations. There are three steps in the procedure. First, the operator must apply to the licensing authority for the special authorisation. The authority then sends a copy of the application to the Railways Board and the National Freight Corporation. There is no time

limit in the Bill for this stage—the authority can take its time. The third step is that the Railways Board or the N.F.C. can object and they are given 14 days in which to make their objection.

The purpose of the Amendment is to try to speed up the procedure. This is surely desirable. It is reasonable to ask the licensing authority to send an application at once to the Railways Board and the N.F.C. That is only common sense. We appreciate that we must allow for weekends and Bank holidays, so we propose that term as five days.

Secondly, we do not consider that the Railways Board and the N.F.C. need a fortnight in which to make up their minds whether or not to object. We think that seven days is quite long enough, and provide for this in Amendment No. 278. We have had a number of representations that the whole procedure of special authorisations will cause unnecessary delay, and in transport unnecessary delay causes chaos. It is simply our intention to reduce that delay to the absolute minimum.

The Joint Parliamentary Secretary to the Ministry of Transport
(Mr. Neil Carmichael)

We all wish to see as little delay as possible, but the Amendment is an unnecessary elaboration. The licensing authority's duty to send an application to these two bodies is a necessary part of the machinery for dealing with special authorisations, just as the publication of applications for A and B carrier licences was a necessary part of carrier licensing; in both cases the purpose is to give potential objectors the opportunity to object.

It was not, however, thought necessary in the carrier licensing system to provide in the Road Traffic Act, 1960, that the licensing authority must publish the application within a specified time. Nor is it necessary here to provide that he must send copies to the two potential objectors within a specified time.

If, contrary to experience hitherto, unreasonable delays take place in the sending on of applications to the Railways Board or the N.F.C. the Minister has reserve powers of direction under Clause 55(2). But there is no reason to suppose that it would be necessary to use them for this purpose.

The Bill proposes to follow the same principle of allowing 14 days for objections as was allowed in the Goods Vehicles Licences and Prohibitions Regulations made under the Road Traffic Act, 1960. It is important, if the system is to work efficiently, that potential objectors should have sufficient time to consider carefully whether they wish to object to a particular application. A period of seven days would be too short in some cases, bearing in mind that it is timed from the date of despatch of the copy from the licensing authority's office and that the regional office of the objector may sometimes wish to refer to headquarters for advice.

The tendency under the Amendments might be towards longer delays in the actual granting of a licence. This is because the seven-day period proposed in Amendment No. 278 may be considered too short for a thorough study of the matter. And so as not to lose the right to object, unnecessary objections may be lodged, holding up the granting of the licences.

Clause 71 provides for the streamlined granting of special authorisations to meet unforeseen, urgent needs. Clause 69(2) provides that applications endorsed by the Railways Board or the Freight Corporation are to be granted without having to go through the objection procedure. Both these procedures—the latter was introduced in Committee—make Amendment No. 278 largely unnecessary as well as undesirable. I hope that the hon. Member will agree to withdraw the Amendment. We are anxious that there should not be any unnecessary delay, but it may be that this Amendment would lead to greater delay.

We are very disappointed with that reply, because we are worried about the question of delays where there are ordinary applications and questions of urgency do not arise. Earlier, I said that the fact that substantial amendment was made to Clause 71 was welcome because we have been pressing for changes here, but it is still urgency that has to be proved.

Obviously, that Clause cannot be overworked so that great numbers of businesses are forced to claim that their application is urgent. We believe that the ordinary system provided for by the other Clauses in the Bill should not cause long delays. The Minister spoke of the present system of licensing, but under the present "A" and "B" licence system there are several possible objectors, and there is need for time to be made available so that they can be made aware of the proposals.

In this system, there are only two possible objectors, known beforehand, the Railways Board and the National Freight Corporation. Therefore, we think that there is a case for making the period shorter than 14 days. I hope that the Minister will ensure that the Government keep this under review when the procedure starts, because the Railways Board and the Freight Corporation could so organise their administration that they could deal with these matters within seven days.

Amendment negatived.

I beg to move Amendment No. 279, in page 98, line 3 at end insert:

(c) the requirements in paragraph (6) of this subsection shall only be applied if the licensing authority is satisfied that an objection by the Railways Board is an objection of substance.
In view of the shortage of time and the nearness of the Guillotine, I do not propose to speak to this Amendment.

Amendment negatived.

5.15 p.m.

I beg to move Amendment No. 280, in page 98, line 10, leave out 'a public inquiry' and insert:

'an enquiry which shall be held in public unless the applicant requests otherwise, when the licensing authority shall order that the enquiry be held in private'.
Once again I do not propose to spend a considerable amount of time, but this is an Amendment which contains a substantial point, because it is the result of representations made to me by a large number of people. It is an important Amendment in the sense that it would give protection to many people who fear that their privacy would otherwise be invaded.

The Minister of State will recognise that if a public inquiry is held in connection with an application for a licence, as set out in subsection (5) it would inevitably follow that the person making the application might have to reveal in public a great deal of the nature of his business, and a considerable amount of financial and other details, which would clearly be of the greatest benefit to his competitors.

I recognise that it has been the practice in the past that where new applications are made the inquiry is subject to objection, and in such cases there is a degree of publicity. In this case dealing with loads which are to be carried over the specified distance on vehicles over the specified weight, obviously an application will have to be made. This will apply to well-established companies, and manufacturers and others conveying goods produced by themselves, by road.

It is felt very strongly by those in the industry responsible for heavy transport that there could be a serious situation arising from this subsection. If' the inquiry is held in public it follows that a good deal of information will, or could be, disclosed.

If this could be reworded in the manner that I have suggested and the inquiry held in public, unless the applicant requests otherwise, there would be the saving factor that when the applicant wished it, the licensing authority could authorise the inquiry to be held in private. I cannot believe that there is any intention on the part of the Minister that there should be a wide disclosure to the public of knowledge which is essentially confidential for the successful maintenance and conduct of business. There is clearly a danger that this will occur under the present subsection.

The purpose of this Amendment is very similar to that of Amendment No. 216. The hon. Member may recall that the Minister of State commented on a similar Amendment to this in Committee saying that consultations were going on with the Council on Tribunals. We recognise the importance of the point, and that proper consideration needs to be given to it. The consultations have largely taken place and final details are being worked out. An Amendment will be introduced into the Bill at a later stage to meet this point.

As I understand the Joint Parliamentary Secretary, there is likely to be an Amendment introduced in another place. This will meet the requirements of the points I have made and in those circumstances, with my thanks to the hon. Gentleman, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move Amendment No. 281, in page 98, line 10, at end insert:

(5) Where an objection is successful under the provisions of section 70 of this Act the objector shall not refuse to carry the goods in question in accordance with the terms of the application.
There is a point of clarification here. The arguments about this part of the Bill so far have assumed that the Railways Board or the N.F.C. wanted the business and were objecting in order to carry the goods in question themselves. There is a possibility that, having succeeded with their objection, either of the two bodies might later find it inconvenient or uneconomic to carry out the service. They might start it and then discontinue it. Alternatively, they might decide never to undertake it.

Is there any obligation upon an objector, having succeeded in his objection, to carry out the service? If not, the customer, who is so often forgotten in these debates on transport, may find that he has been denied a special authorisation for road vehicles which would carry his goods and that the National Freight Corporation or British Railways are not prepared to do the job either.

Under the system of A and B licences there have been many occasions when British Railways have objected to new road services where they had no intention of carrying out the business themselves. The procedure is such that an objection can be made and sustained and there is no obligation upon British Railways to carry out the service in question. Because that is part of the existing system, it could be that British Railways and the Freight Corporation might go on with this habit, thinking that the same process under the quantity licensing procedure is provided for.

I hope that the Government will take this opportunity to give their views on the matter and state whether an Amendment in this form is necessary or not.

I am glad that the hon. Member for Moray and Nairn (Mr. G. Campbell) put the issue in this form, because I had some difficulty about the terms of the Amendment. The Amendment states:

"Where an objection"—
from either the Railways Board or the National Freight Corporation—
"is successful … the objector shall not refuse to carry the goods in question in accordance with the terms of the application."
The "terms of the application" would be to carry the goods by road. We should have the curious situation that if the objector was successful and got the traffic, he would be obliged to carry it by road. That would be extraordinary after he had spent so much time devising an argument for trying to get a transfer of the freight to rail. Thus, the hon. Gentleman will easily see why I could not accept the terms of the Amendment. Nevertheless, I take the point he has raised.

When a disputed case has been dealt with and the Railways Board and the National Freight Corporation are successful in an objection before the licensing authority, it is very important that they measure up to their responsibilities in terms of speed, reliability and cost, and that they should carry the traffic in accordance with the undertakings that they have given.

As we see it, the sanction lies in experience. Hon. Members who have studied this matter carefully will realise that the whole system is not only a challenge to the road transport industry; it is a challenge to the railways management to prove that it can make a superior offer in terms of speed, reliability and cost and that, by experience, it can be relied upon by the industry concerned, by the consignors, and by the licensing authorities, to carry out the job. It will be clear from experience that, on the first occasion that the Railways Board and the National Freight Corporation let the consigner down and fail to fulfil their undertakings, that example will be quoted before licensing authorities all over the country—quite justifiably. It will be quoted in evidence against them that, especially on the ground of reliability, they have not managed to sustain their case.

Therefore, there is the warning here for the Railways Board, as much as for the road hauliers, that, having put forward and sustained a case in front of the licensing authorities, they had better be careful about carrying and delivering the goods, because the applicant can come back to the licensing authority at any time and make the case that the railways have not done what they said they would do in terms of speed, reliability and cost. Moreover, if that happens in any part under this licensing system, it will be quoted elsewhere and will clearly influence the licensing authorities in favour of road haulage applicants. That, as we see it, is the important sanction contained within the whole system. It should give sufficient assurance to all concerned that those who come before the licensing authorities and make out a case with figures about charges, speed and so on, had better fulfil their promise to undertake the traffic. Otherwise, the licensing authorities will make future judgments against them.

I am glad that the Minister has taken this attitude towards the matter. I hope that what he has said has removed some of the doubts of those who have been looking at the terms of the Bill about frivolous objections— perhaps I should not say "frivolous"— being put forward by either of the two bodies when they cannot carry out the task in question.

The drafting did present a problem. The object of putting those words at the end was to make it clear that it would be the kind of goods and the circumstances of the application that would apply. To have drafted the Amendment precisely would have meant drafting a very long paragraph indeed. I am sure that the Minister got the point of the Amendment.

In view of what the Minister has said, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Clause 70

DECISION ON APPLICATIONS FOR SPECIAL AUTHORISATIONS

I beg to move Amendment No. 282, in page 98, line 24, leave out ' the applicant satisfies the authority ' and insert ' satisfied '.

With this Amendment it will be convenient to take Government Amendment No. 283.

These amendments carry out the undertaking given by the Minister of State in Committee that the Government would introduce amendments to make it crystal clear that both sides have to try to prove their case when a quantity licence application is being heard. Their effect is to remove the requirement that, in order to get a licence, the applicant must satisfy the licensing authority that rail carriage for the goods concerned would be less advantageous in terms of speed, reliability and cost, and to substitute the requirement that the licensing authority must be so satisfied.

The Amendments thus make clear beyond doubt what has always been the intention—that both parties to a hearing must make their cases in some detail before the licensing authority makes up its mind. The applicant's situation will be, as the Minister of State said in Committee, that he must
"… show, if he can, how the service offered by the railways, as to both price and quality, cannot meet the circumstances of his case. If he can demonstrate that to the licensing autho- rity, his application will be granted."— [OFFICIAL REPORT, Standing Committee F; 23rd April, 1968, c. 2690.]
Equally there is an obligation on the objectors to make out a substantial case to back up their objection. If they do not, the licensing authority may grant the application.

This also ties up with the point made by the hon. Member for Moray and Nairn (Mr. G. Campbell) when he used the word "frivolous", although he added that that was not quite the right word. This clears up the point that frivolous objections will not be sustained.

This Amendment goes some way towards meeting the strong representations which we made in Committee. The Minister, in his last speech in the Committee before the Guillotine fell on this section, said that these changes would be made. So far as they improve the position to some extent, we welcome them.

Amendment agreed to.

Further amendment made: No. 283, in page 98, line 29, [ Clause 70], leave out

' the applicant satisfies the authority' and insert 'satisfied'.—[Mr. Carmichael]

5.30 p.m.

I beg to move Amendment No. 284, in page 98, line 32, after ' aforesaid ' to insert:

' and subject to subsection (3A) of. this section'.
Perhaps it will be convenient if we discuss Amendments Nos. 284 and 287 together. They are very important. I believe they demonstrate that we have paid the utmost attention to criticisms made during the Committee stage of the Bill and have endeavoured, as was acknowledged by the hon. Member for Moray and Nairn (Mr. G. Campbell), to meet certain other points. Those who were on the Committee or who have studied its proceedings will know that we there had a lengthy discussion about the pattern of operations in the road haulage industry and, in particular, about the subject of back loading in relation to controlled journeys, and about arguments or disputes before a licensing authority when applications came before it.

I know that ever since these proposals were produced, and ever since the Bill was published, we have frequently been accused of writing into the Bill a preference for the railways. It has often been argued to me that there was a built-in bias in favour of the railways in the terms of the quantity licensing system. Hon. Members will also know that I have frequently stated that we have made the case that disputes as to whether certain traffic should go by road or rail for a distance over 100 miles were to be judged objectively in relation to speed, reliability and cost. But certain problems were raised, quite rightly, on Standing Committee, which concerned the nature of the operations of the road transport industry.

In these Amendments we have endeavoured to meet the case that was put forward in order to demonstrate that it was not our intention that there should be a built-in preference for the railways in the system but that cases should be judged objectively. I am assuming in what I am saying that hon. Gentlemen are acquainted with the nature of the discussion we had on Standing Committee. These Amendments require the licensing authority, where he finds that under Clause 70(2) he would refuse an application from a road haulier, to grant it nevertheless, if he is satisfied, first, that the rail service would be equally advantageous to the consignor as carriage by road, that is, he is satisfied that the two services are on a par and that the difference between the two is only marginal, and secondly, that refusal of the application would result in serious detriment to some other person, not necessarily concerned with the application or the controlled journey in dispute before the licensing authority; that it would be disadvantageous, say, because of the inability of the road haulier, if application were refused, to pick up a backload or to undertake a certain pattern of journeys.

Hon. Gentlemen will see that this was a difficult point and in relation to these Amendments I gave an undertaking on Clause 67 in Committee that we would study the point and endeavour to meet it. The undertaking which I then gave appears in cols. 2691 to 2694 of the OFFICIAL REPORT, should hon. Gentlemen wish to refer to it. We made it quite clear that, where a licensing authority judged that the National Freight Corporation or the Railways Board had made out a superior case in terms of speed, reliability and cost, the application should be refused and the goods should be carried by rail; but we now say that if there is a marginal case or an even balance between the claims of road and rail transport and the applicant can show that other consignors would be detrimentally affected by the refusal of his application, it would then be right for the licensing authority to take those effects into account and to grant the application under consideration.

This provides, therefore, that in such marginal cases licensing authorities shall be instructed to take these indirect effects into account. It provides that my right hon. Friend shall issue regulations to licensing authorities making clear what we mean by "serious detriment" to the interests of other consignors and it provides for the licensing authorities to take into account the factor of back loads when those authorities are concerned with such marginal cases. I hope that my hon. Friend the Member for Nuneaton (Mr. Leslie Huckfield) and others who spoke on this issue in the course of Committee stage, although they may not agree with some of these general points, will feel that we have gone sufficiently far to meet them and I hope that they will see that this is evidence that we have grappled with this particular problem and have endeavoured to meet it. We have somewhat shifted the balance of judgment on the part of the licensing authority in the consideration of a number of cases. I would hope, therefore, that these Amendments will meet with the approval of the House.

Clearly, the Government have tried to meet the points we raised in Standing Committee and therefore we welcome these Amendments, but we say they have not gone quite far enough. Our Amendments Nos. 285 and 286 would seek to go a good deal further. I would like to comment on what the Minister of State has said. As I understand the effect of the Bill as drawn, it is twofold. First, if an applicant's service is less advantageous than the objector's his application fails. That is fair enough. But secondly, if the applicant's service is equally as good as the objector's but no better, then he fails. We on this side do not consider that this is fair. We do not feel that it is right that the dice should be loaded against the applicant. We feel that if the applicant can show that his service is as good as the objector's he should be given special authorisation.

The Minister of State said that this matter had been fully argued in Standing Committee and that the Government have now come forward with the concession in Amendment No. 287. That is clearly a step in the right direction, and we welcome it. The Government admit, therefore, that where there are rival claims between the private operator and the objector and those claims are level, and the applicant can show that real hardship would be caused to him, in those circumstances he gets the benefit of the doubt. We feel that on any occasion if he can show that his service is as good as the objector's he should get the benefit of the doubt.

Our Amendment No. 286 reflects our belief that if such a dispute takes place between the citizen and the State or the private operator and a nationalised industry and there is any doubt, the onus should in that case be on the objector and not the citizen. That is why in Amendment No. 286 we were to seek to make quite certain that the onus of proof remains throughout on the objector. We believe a fundamental principle is involved here. We are still anxious to get on to the very important Amendments still to be discussed before Six o'clock and therefore I shall not move Amendments 285 and 286, and we certainly accept the Amendment which the Government have moved.

On a point of order. I have risen to try to catch your eye, Mr. Deputy Speaker, three times this afternoon and so far I have been unsuccessful.

I thank the Minister of State for these Amendments because they go a long way to meet some of my objections to this part of the Bill. But, since hon. Members opposite have provided such poor opposition on this matter, the main opposition will have to come from me. Despite the Amendments, which I welcome, if we are to be able to consider licensing applications on the basis of cost, speed and reliability only in cases of marginal balance, I would have thought that we should consider these other factors in all applications.

This is the present system and the one which I would, basically, like to continue. In the 1933 Act the onus of proof was on the applicant. In the 1953 Act, it was shifted to the objector. It now seems to be coming to lie somewhere between the two. I am grateful to my hon. Friend for these Amendments, which go in the direction that I would like, but I should still have liked the burden of proof shifted back to the objector, because it is for him to prove that an applicant cannot provide the services which he feels that he can provide. However, since this is, I assume, the only concession which we shall extract from my hon. Friend, I am willing to accept it.

Amendment agreed to.

Further Amendments made: No. 287, in page 98, line 44, at end insert:

(3A) If in the case of the whole or any part of the disputed service the licensing authority is not satisfied as mentioned in subsection (2) of this section, the authority shall nevertheless grant the application in respect of the disputed service or of any part of it if satisfied—
  • a) that the provision of the service, or of that part of it, by the objector, or a subsidiary of the objector, wholly or partly by rail, as compared with its provisionin pursuance of the special authorisation, will be equally advantageous for the person for whom the goods in question are to be carried; and
  • (b) that, if a special authorisation is not granted for the provision of the service or the part of it in question, serious detriment will result to a person (whether the applicant himself or some other person) for whom the applicant provides or proposes to provide a transport service other than the disputed service or other than the part of it in question.
  • No. 288, in page 98, line 42, leave out ' subsection (3)' and insert ' subsection(3) ad (3A)(a)'—[ Mr.Swingler.]

    I beg to move Amendment No. 289, in page 98, line 42 after ' cost', insert:

    ' and all other relevant factors including suitability, flexibility, convenience, frequency of delivery, availability at short notice, risks of damage or contamination, provision for insurance of the goods to be carried and the cost and nature of packing required for alternative services'.
    This is a very important Amendment and I am glad that, even under the Guillotine, we have reached it on Report, although we had no hope of doing so in Committee. It relates to the criteria on which the licensing authorities must make these difficult judgments. We propose other important criteria which should be taken into account in various cases. The Government's criteria are simply speed, reliability and cost, which are not easy to establish or compare and will give the licensing authorities an unenviable task, but the innumerable different decisions on the choice of transport which firms must take are governed by many other factors.

    It would never be possible to write in all the factors which various businesses have to take into account, or the weight to be attached to them, because these are different for different kinds of business. This part of the Bill affects businesses running goods in their own vehicles; it is not simply a matter for the road haulage industry, but concerns a wide range of trade and industry using transport, which may be their own.

    5.45 p.m.

    The Amendment pinpoints some of the criteria which should be considered, and the basic dilemma. In moving the last Amendment, the Minister of State spoke of quantity licensing affecting journeys of over 100 miles, but another part of the system, which is being overlooked, is that covering bulk loads of certain commodities to be prescribed. We have had one list, including clay and iron and steel, and so on, but we do not know how many other commodities will be prescribed. These commodities cannot be carried over any distance, without a special authorisation, and there is no question of 100 miles there. These judgments will cover that side of quantity licensing as well.

    So far, the Government's attitude to additional criteria has been that, if other factors were included and the scope of inquiry extended, the system would be unworkable. But this confirms our objection to this part of the Bill, which is shared by the hon. Member for Nuneaton (Mr. Leslie Huckfield) and other hon. Members opposite, that a fair system, taking in all the points affecting our economy, would be unworkable. So it must be either unworkable or unfair.

    If the Government are to take the alternative of giving wide and full discretion to the licensing authorities without criteria, they could leave it to the authorities to decide in any case. But then, in practically every case, the authorities would simply have to endorse the decisions taken by firms, since, if those firms were well-informed about the latest freightliner and railway developments, as they should be, their decisions would be right and would have to be endorsed.

    This is the dilemma—that, with full discretion given to the licensing authority, the system would be unnecessary since they would endorse firms' decisions, and alternatively, if criteria are written in, the whole process of transport used by trade and industry would be restricted and stultified. But if the Government insist on criteria, they should not leave it at these three. The criteria in the Amendment are not exhaustive—I have said that that would be impossible—but they illustrate some other important points which should be considered.

    I therefore hope that the Government will consider again whether any criteria should be written in, and that, if they are written in, these will be included. The Amendment raises the main point that quantity licensing is utterly unnecessary and will simply cause delays and damage to trade and industry because they will be unable to take quick decisions on the best form of transport for each case.

    I have put down a similar Amendment, No. 567, which unfortunately has not been called, but I express similar concern to that of the hon. Member for Moray and Nairn (Mr. G. Campbell). I have always felt that to ask a licensing authority to decide on the basis of three factors severely restricted it, particularly when we shall be dealing in future with all sorts of vehicle operators who have been running their own transport, and, therefore, with a new range of factors which are not quantifiable

    Many of these operators operate their own vehicles because they like to see the firm's name on the van. Many do so because they like to preserve good customer relations. Many do so because they like to have hire-and-fire control of the drivers. Many do so for a whole range of similar reasons which cannot be quantified or subsumed under these three headings. I would have thought that the licensing authority should be given power to take into consideration more than cost, reliability and speed. I do not quite agree with the Amendment put forward by the hon. Gentleman. Even giving the licensing authority that slightly wider range of factors to consider will restrict it in some considerations. I would have preferred the approach I have suggested to permit the licensing authority to take into account anything which it is felt should be considered. I feel a great deal of sympathy, and I hope my hon. Friend can make some concession in this direction.

    This is the most important Amendment to this part of the Bill, because it is vital to the successful and efficient operation of British industry, particularly the export section. It is disgraceful that the powerful case in favour of this Amendment cannot be fully employed from this side of the House, although we are grateful for the support we have had from hon. Gentlemen.

    I press my case from the point of view of the motor industry in the Midlands, our largest exporter. Some years ago I was in the Longbridge motor factory in order to see the new improvements in efficiency that had been introduced since I had been before, and in the assembly shop it was pointed out to me that radiators being fitted into the cars were no longer held in stock by the company to the tune of locking up something like £500,000 but were coming continuously by road on a schedule from the makers. Sir George Harriman said, "You see, the road system is part of the flow-line of the factory". The continuous delivery of radiators was being timed in with the mechanical system bringing bodies and engines, so it needed flexibility to be reduced or increased.

    This applies also to electrical equipment from Lucas's, with whom I have recently been in touch, and also to castings and to the road springs from Sheffield. This applies not only to Birming- ham but also to the Rootes' factory at Lindwood in Scotland and the B.M.C. factory at Bathgate in Scotland to which many components must go up from the West Midlands or from Sheffield. It also applies to Dagenham. The point I want to make is that speed reliability and cost are not enough; flexibility is vital.

    One final example with regard to these components. In Dagenham, for instance, these schedules run three-hourly or hour by hour. This method can be practised by the road industry to fit in with the production cycle of a factory. If suddenly there is a demand for a new model to be exported, as often happens with Ford's, a telephone call goes through that they want immediately to speed up the delivery of components in the Birmingham area. How is that going to happen? It is disgraceful to put the transport managers of our great industrial concerns in this position.

    I want strongly to support this Amendment. I am sure it is vital in a wider sphere even than the motor industry. Steel has been mentioned as one of the commodities that cannot go any distance except by authorisation, steel that is going to make machinery for export may arrive damaged and cannot be used. That surely should be altered to allow these facts to be taken into consideration.

    This question was very well ventilated in the Committee stage and my hon. Friend the Minister of State gave a number of assurances on factors of this kind.

    But we did not reach anywhere near this Clause in Committee. Any discussion could only be brought in in passing on other points.

    The hon. Member for Moray and Nairn (Mr. G. Campbell) knows that I joined the Committee rather late, nevertheless it seemed to me to have been one of the main topics all the time I was in the Committee. I know from what I have heard that my hon. Friend the Minister of State discussed the matter in the debate on Clause 67. The Minister of State gave assurances that factors of the kind mentioned by the hon. Member for Moray and Nairn would be comprised in the regulations which the Minister is empowered to make regarding speed, reliability and cost, and I do not think I could do better than quote from the speech of my hon. Friend on 23rd April. He said:

    "It is our intention that these criteria should be interpreted very broadly indeed. For example, if the goods are fragile and if it is established that there is greater risk of breakages on the railways, that is a perfectly proper point for the licensing authority to consider. If packaging or insurance for rail are more costly than for road, that is a relevant consideration under these criteria. If the applicant represents that the rail service operates only at fixed intervals whereas road vehicles can be made available at short and irregular intervals thus obviating the need for maintaining large stocks, the licensing authority will be able to take account of these facts in assessing the considerations of speed and cost."— [OFFICIAL REPORT, Standing Committee F, 23rd April, 1968; c. 2691.]
    This clearly answers the points made by the right hon. Gentleman when he spoke about radiators moving back and forth. But the motor industry also uses railways to an extent. I know that a train leaves Dagenham every evening and goes to Liverpool carrying engines and radiators. All we are concerned about here is that the question of speed, reliability and cost should be interpreted in the spirit that the Bill intends and with the assurances that my right hon. Friend gave in Committee in which he almost spelt out the points made by the right hon. Member.

    The point that was being made by the right hon. Member for Sutton Coldfield (Mr. Geoffrey Lloyd) is

    Division No. 194.]

    AYES

    [6.0 p.m.

    Alison, Michael (Barkston Ash)Bryan, PaulElliott, R.W.(N'c'tle-upon-Tyne, N.)
    Allason, James (Hemel Hempstead)Buchanan-Smith, Alick(Angus, N & M)Emery, Peter
    Astor, JohnBuck, Antony (Colchester)Errington, Sir Eric
    Atkins, Humphrey (M't'n & M'd'n)Bullus, Sir EricEyre, Reginald
    Awdry, DanielBurden, F. A.Farr, John
    Baker, Kenneth (Acton)Campbell, GordonFisher, Nigel
    Baker, W. H. K. (Banff)Carr, Rt. Hn. RobertFletcher-Cooke, Charles
    Balniel, LordCary, Sir RobertFortescue, Tim
    Barber, Rt. Hn. AnthonyChichester-Clark, R.Foster, Sir John
    Batsford, BrianClark, HenryFraser, Rt. Hn.Hugh(St'fford & Stone)
    Beamish, Col. Sir TuftonClegg, WalterGalbraith, Hn. T. G.
    Bell, RonaldCooke, RobertGibson-watt, David
    Bennett, Sir Frederic (Torquay)Cooper-Key, Sir NeillGiles, Rear-Adm. Morgan
    Berry, Hn. AnthonyCorfield, F. V.Gilmour, Ian (Norfolk, C.)
    Bessell, PeterCostain, A. P.Gilmour, Sir John (Fife, E.)
    Biffen, JohnCrouch, DavidGlyn, Sir Richard
    Biggs-Davison, JohnGrowder, F. P.Godber, Rt. Hn. J. B.
    Black, Sir CyrilCunningham, Sir KnoxGoodhart, Philip
    Boardman, Tom (Leicester, S.W.)Currie, G. B. H.Goodhew, Victor
    Body, RichardDalkeith, Earl ofGower, Raymond
    Bossom, Sir CliveDavidson, James(Aberdeenshire, W.)Grant, Anthony
    Boyd-Carpenter, Rt, Hn. JohnDean, Paul (Somerset, N.)Grant-Ferris, R.
    Boyle, Rt. Hn. Sir EdwardDeedes, Rt. Hn. W. F. (Ashford)Gresham Cooke, R.
    Braine, BernardDodds-Parker, DouglasGrieve, Percy
    Brewis, JohnDoughty, CharlesGriffiths, Eldon (Bury St. Edmunds)
    Brinton, Sir TattonDrayson, G. B.Hall, John (Wycombe)
    Bromley-Davenport, Lt.-Col.Sir Walterdu Cann, Rt. Hn. EdwardHall-Davis, A. G. F.
    Brown, Sir Edward (Bath)Eden, Sir JohnHamilton, Michael (Salisbury)
    Bruce-Cardyne, J.Elliot, Capt. Walter (Carshalton)Harris, Frederic (Croydon, N.W.)

    that it is not a question of speed, cost and reliability but also a question of flexibility because of emergencies that arise.

    The hon. Member has not listened very carefully. I did say that if the applicant represents that the rail service operates only at fixed intervals whereas road services can be made available at short and irregular intervals thus obviating the need for maintaining large stocks, the licensing authority will be able to take account of these factors.

    Neither the mover of the Amendment nor the right hon. and hon. Gentlemen who spoke, including my hon. Friend supporting the other side on this occasion, said anything that made me feel that this Amendment was any more acceptable now than it was in Committee when my hon. Friend made the statement which I have just read.

    Every word spoken by Ministers on quantity licensing proves the absurdity of the system. The thought of these tribunals discussing things which could better be decided by the transport managers shows that the Government's objection is to restrict and handicap, and certainly I urge my hon. Friends to divide.

    Question put, That the Amendment be made: —

    The House divided: Ayes 224, Noes 260.

    Harrison, Brian (Maldon)Maddan, MartinScott, Nicholas
    Harrison, Col. Sir Harwood (Eye)Maginnis, John E.Scott-Hopkins, James
    Harvey, Sir Arthur VereMarples, Rt. Hn. ErnestSharples, Richard
    Harvie Anderson, MissMarten, NeilShaw, Michael (Sc'b'gh & Whitby)
    Hastings, StephenMaude, AngusSilvester, Frederick
    Hawkins, PaulMawby, RaySinclair, Sir George
    Hay, JohnMills, Peter (Torrington)Smith, Dudley (W'wick & L'mington)
    Heald, Rt. Hn. Sir LionelMills, Stratton (Belfast, N.)Smith, John (London & W'minster)
    Heath, Rt. Hn. EdwardMiscampbell, NormanSpeed, Keith
    Heseltine, MichaelMitchell, David (Basingstoke)Stainton, Keith
    Higgins, Terence L.Montgomery, FergusStodart, Anthony
    Hiley, JosephMore, JasperStoddart-Scott, Col. Sir M. (Ripon)
    Hill, J. E. B.Mott-Radcly ffe, Sir CharlesTapsell, Peter
    Hogg, Rt. Hn. QuintinMunro-Lucas-Tooth, Sir HughTaylor, Sir Charles (Eastbourne)
    Holland, PhilipMurton, OscarTaylor, Edward M. (G'gow, Gathcart)
    Hordern, PeterNeave, AireyTaylor, Frank (Moss Side)
    Hornby, RichardNicholls, Sir HarmarTeeling, Sir William
    Howell, David (Guildford)Nobel, Rt. Hn. MichaelTemple, John M.
    Hunt, JohnNott, JohnThatcher, Mrs. Margaret
    Hutchison, Michael ClarkOnslow, CranleyThorpe, Rt. Hn. Jeremy
    Iremonger, T. L.Turton, Rt. Hn. R. H.
    Irvine, Bryant Godman (Rye)Orr, Capt, L. P. S.Vaughan-Morgan, Rt. Hn. Sir John
    Jenkin, Patrick (Woodford)Page, Graham (Crosby)Vickers, Dame Joan
    Johnston, Russell (Inverness)Page, John (Harrow, W.)Wainwright, Richard (Colne Valley)
    Jones, Arthur (Northants, S.)Pardoe, JohnWalker, Peter (Worcester)
    Kerby, Capt. HenryPearson, Sir Frank (Clitheroe)Walker-Smith, Rt. Hn. Sir Derek
    Kershaw, AnthonyPeel, JohnWall, Patrick
    Kimball, MarcusPercival, IanWalters, Dennis
    King, Evelyn (Dorset, S.)Peyton, JohnWeatherill, Bernard
    Kirk, PeterPike, Miss MervynWebster, David
    Knight, Mrs. JillPink, R. BonnerWells, John (Maidstone)
    Lambton, ViscountPounder, RaftonWhitelaw, Rt. Hn. William
    Lancaster, Col. C. G.Powell, Rt. Hn. J. EnochWilliams, Donald (Dudley)
    Lane, DavidPrice, David (Eastleigh)Wills, Sir Gerald (Bridgwater)
    Legge-Bourke, Sir HarryPrior, J. M. L.Wilson, Geoffrey (Truro)
    Lewis, Kenneth (Rutland)Pym, FrancisWinstanley, Dr. M. P.
    Lloyd, Rt.Hn.Geoffrey (Sut"nC'dfield)Quennell, Miss J. M.Wolrige-Gordon, Patrick
    Lloyd, Ian (P'tam'th, Langstone)Ramsden, Rt. Hn. JamesWood, Rt. Hn. Richard
    Lloyd, Rt. Hn. Selwyn (Wirral)Renton, Rt. Hn. Sir DavidWoodnutt, Mark
    Lubbock, EricRhys Williams, Sir BrandonWorsley, Marcus
    McAdden, Sir StephenRidley, Hn. NicholasWylie, N. R.
    MacArthur, IanRidsdale, JulianYounger, Hn. George
    Mackenzie, Aiasdair(Ross & Crom'ty)Rodgers, Sir John (Sevenoaks)
    Maclean, Sir FitzroyRossi, Hugh (Hornsey)TELLERS FOR THE AYES:
    Macleod, Rt. Hn. lainRoyle, AnthonyMr. Hector Monro and
    McMaster, StanleyRussell, Sir RolandMr. Timothy Kitson.
    Macmillan, Maurice (Farnham)St. John-Stevas, Norman

    NOES

    Abse, LeoCallaghan, Rt. Hn. JamesDriberg, Tom
    Albu, AustenCant, R. B.Dunn, James A.
    Allaun, Frank (Salford, E.)Carmichael, NeilDunnett, Jack
    Alldritt, WalterCarter-Jones, LewisDunwoody, Mrs. Gwyneth (Exeter)
    Allen, ScholefieldCastle, Rt. Hn. BarbaraDunwoody, Dr. John (F'th & C'b'e)
    Anderson, DonaldChapman, DonaldEadie, Alex
    Archer, PeterCoe, DenisEdelman, Maurice
    Armstrong, ErnestColeman, DonaldEdwards, William (Merioneth)
    Atkins, Ronald (Preston, N.)Concannon, J. D.Ellis, John
    Bacon, Rt. Hn. AliceConlan, BernardEnglish, Michael
    Bagier, Gordon A. T.Corbet, Mrs. FredaEnnals, David
    Barnes, MichaelCraddock, George (Bradford, S.)Ensor, David
    Barnett, JoelCrawshaw, RichardEvans, Albert (Islington, S.W.)
    Bence, CyrilCronin, JohnFaulds, Andrew
    Benn, Rt. Hn. Anthony WedgwoodCrosland, Rt. Hn. AnthonyFletcher, Raymond (Ilkeston)
    Bennett, James (G'gow, Bridgeton)Crossman, Rt. Hn. RichardFletcher, Ted (Darlington)
    Binns, JohnCullen, Mrs. AliceFoley, Maurice
    Bishop, E. S.Dalyell, TamFoot, Michael (Ebbw Vale)
    Blackburn, F.Davidson, Arthur (Accrington)Forrester, John
    Blenkinsop, ArthurDavies, Ednyfed Hudson (Conway)Fowler, Gerry
    Boardman, H. (Leigh)Davies, G. Elfed (Rhondda, E.)Fraser, John (Norwood)
    Booth, AlbertDavies, Dr. Ernest (Stretford)Freeson, Reginald
    Bottomley, Rt. Hn. ArthurDavies, Harold (Leek)Galpern, sir Myer
    Boyden, JamesDavies, Ifor (Gower)Gardner, Tony
    Braddock, Mrs. E. M.Davies, S. O. (Merthyr)Garrett, W. E.
    Bradley, Tomde Freitas, Rt. Hn. Sir GeoffreyGourlay, Harry
    Brooks, EdwinDelargy, HughGray, Dr. Hugh (Yarmouth)
    Broughton, Dr. A. D. D.Dell, EdmundGregory, Arnold
    Brown, Hugh D. (G'gow, Provan)Dempsey, JamesGrey, Charles (Durham)
    Brown, R. W. (Shoreditch & F'bury)Dewar, DonaldGriffiths, David (Rother Valley)
    Buchan, NormanDiamond, Rt. Hn. JohnGriffiths, Rt. Hn. James (Llanelly)
    Buchanan, Richard (G'gow, Sp'burn)Dickens, JamesHamling, William
    Butler, Herbert (Hackney, C.)Dobson, RayHannan, William
    Butler, Mrs. Joyce (Wood Green)Doig, PeterHarper, Joseph

    Harrison, Walter (Wakefield)Mackintosh, John P.Robertson, John (Paisley)
    Haseldine, NormanMaclennan, RobertRobinson, Rt.Hn.Kenneth(St.P'c'as)
    Hattersley, RoyMcMillan, Tom (Glasgow, C.)Robinson, W. O. J, (Walth'stow, E.)
    Henig, StanleyMcNamara, J. KevinRodgers, William (Stockton)
    Hooley, FrankMacPherson, MalcolmRoebuck, Roy
    Houghton, Rt, Hn. DouglasMahon, Peter (Preston, S.)Shaw, Arnold (llford, S.)
    Howarth, Harry (Wellingborough)Mahon, Simon (Bootle)Sheldon, Robert
    Howarth, Robert (Bolton, E.)Mallalieu, E. L. (Brigg)Shinwell, Rt. Hn. E.
    Howie, W.Mallalieu, J. P.W. (Huddersfield, E.)Shore, Rt. Hn. Peter (Stepney)
    Hoy, JamesManuel, ArchieShort, Rt.Hn.Edward(N'c'tle-u-Tyne)
    Hughes, Rt. Hn. Cledwyn (Anglesey)Marks, KennethSilkin, Rt. Hn. John (Deptford)
    Hughes, Emrys (Ayrshire, S.)Marquand, DavidSilkin, Hn. S. C. (Dulwich)
    Hughes, Hector (Aberdeen, N.)Marsh, Rt. Hn. RichardSilverman, Julius (Aston)
    Hughes, Roy (Newport)Mason, Rt. Hn. RoySlater, Joseph
    Hunter, AdamMaxwell, RobertSmall, William
    Hynd, JohnMayhem, ChristopherSnow, Julian
    Irvine, Sir Arthur (Edge Hill)Mendelson, J. J.Spriggs, Leslie
    Jackson, Colin (B'h'se & Spenb'gh)Millan, BruceStewart, Rt. Hn. Michael
    Jackson, Peter M. (High Peak)Miller, Dr. M. S.Strauss, Rt. Hn. G. R.
    Janner, Sir BarnettMitchell, R. C. (S'th'pton, Test)Summerskill, Hn. Dr. Shirley
    Jay, Rt. Hn. DouglasMorgan, Elystan (Cardiganshire)Swain, Thomas
    Jeger, Mrs.Lena(H'b'n & St.P' cras, S.)Morris, Charles R. (Openshaw)Swingler, Stephen
    Jenkins, Hugh (Putney)Morris, John (Aberavon)Symonds, J. B.
    Jenkins, Rt. Hn. Hoy (Stechford)Moyle, RolandTaverne, Dick
    Johnson, Carol (Lewisham, S.)Neal, HaroldThomas, Rt. Hn. George
    Johnson, James (K'ston-on-Hull, W.)Newens, StanThomson, Rt. Hn. George
    Jones, Dan (Burnley)Noel-Baker, Rt. Hn. Philip (Derby, S.)Thornton, Ernest
    Jones, Rt. Hn. Sir Elwyn (W. Ham, S.)Norwood, ChistopherTinn, James
    Jones, J. Idwal (Wrexham)Ogden, EricTomney, Frank
    Jones, T. Alec (Rhondda, West)O'Malley, BrianUrwin, T. W.
    Judd, FrankOram, Albert E.Varley, Eric G.
    Kelley, Richard
    Kerr, Mrs. Anne (R'ter & Chatham)Orme, StanleyWainwright, Edwin (Dearne Valley)
    Kerr, Russell (Feltham)Oswald, ThomasWalden, Brian (All Saints)
    Lawson GeorgeOwen, Dr. David (Plymouth, S'tn)Walker, Harold (Doncaster)
    Ledger, RonOwen, Will (Morpeth)Watkins, David (Consett)
    Lee, John (Reading)Paget, R. T.Watkins, Tudor (Brecon & Radnor)
    Lestor, Miss JoanPalmer, ArthurWellbeloved, James
    Lever, Harold (Cheetham)Pannell, Rt. Hn. CharlesWhitlock, William
    Lewis, Ron (Carlisle)Park, TrevorWilliams, Alan (Swansea, W.)
    Lipton, MarcusParker, John (Dagenham)Williams, Alan Lee (Hornchurch)
    Lomas, KennethParkyn, Brian (Bedford)Williams, Clifford (Abertillery)
    Loughlin, CharlesPearson, Arthur (Pontypridd)Williams, Mrs. Shirley (Hitchin)
    Lyon, Alexander W. (York)Peart, Rt. Hn. FredWillis, Rt. Hn. George
    Lyons, Edward (Bradford, E.)Pentland, NormanWilson, William (Coventry, S.)
    Mabon, Dr. J. DicksonPerry, George H. (Nottingham, S.)Winnick, David
    McBride, NeilPrentice, Rt. Hn. R. E.Woodburn, Rt. Hn. A.
    McCann, JohnPrice, Thomas (Westhoughton)Woof, Robert
    MacColl, JamesProbert, ArthurWyatt, Woodrow
    MacDermot, NiallRandall, HarryYates, Victor
    Macdonald, A. H.Rankin, John
    McGuire, MichaelBees, MerlynTELLERS FOR THE NOES:
    McKay, Mrs. MargaretReynolds, G. W.Mr. Alan Fitch and
    Mackenzie, Gregor (Rutherglen)Rhodes, GeoffreyMr. loan L. Evans.
    Mackie, JohnRichard, Ivor

    It being after Six o'clock, Mr. DEPUTY SPEAKER proceeded, pursuant to Orders, to put forthwith the Questions on the Amendments, moved by a member of the Government, of which notice had been given, to that part of the Bill to be concluded at Six o'clock.

    Amendments made: No. 290, in page 98, line 43, leave out from 'authority' to 'shall' in line 45.

    No. 291, in page 99, line 2, at end insert:

    (4A) In assessing the detriment mentioned in subsection (3A)(b) of this section and the factors mentioned in subsection (4) of this section the licensing authority shall act in accordance with any directions contained in regulations made by the Minister.

    No. 293, in page 99, line 27, leave out '(4)' and insert '(4A)'.—[ Mr. Marsh.]

    Clause 75

    REVOCATION AND SUSPENSION OF SPECIAL AUTHORISATIONS

    Amendments made: No. 294, in page 102, line 45, at end insert:

    (3A) A licensing authority who has made an order under subsection (3) of this section may, in such circumstances as may be prescribed, cancel that order.

    No. 295, in page 103, line 4, at end insert:

    '; and the provisions of section 65(7A), (8) and (9) and of section 66(1)(aa) of this Act shall apply to any direction or order given or made under or by virtue of this subsection as they apply to any direction or order given or made under any provision of section 65 of this Act.'.

    No. 296, in page 103, line 6, leave out from ' under ' to ' without' in line 7 and insert:

    'subsection (1), (2) or (3) of this section in respect of any authorisation or the holder of any authorisation'.

    No. 297, in page 103, line 8, leave out ' or licence'.

    No. 298, in page 103, line 11, leave out from 'under' to 'of' in line 12 and insert:

    subsection (1), (2) or (3)'.—[Mr. Marsh.]

    Clause 76

    APPEALS

    Amendment made: No. 304, in page 103, line 41, leave out 'subsections (1) to (4)' and insert:

    'subsection (1), (2) or (3)'.—[Mr.Marsh.]

    Clause 79

    FALSIFICATION OF CONSIGNMENT NOTES AND RECORDS

    Amendment made: No. 309, in page 107, line 8, after ' alters ' insert' or causes to be altered'.—[ Mr. Marsh.]

    Clause 83

    INQUIRIES

    Amendment made: No. 310, in page 108, line 27, at end insert:

    (3) Where, as respects the proposed exercise of his powers on any occasion under section 65 or 75 of this Act, a licensing authority reecives a request for a public inquiry from two or more persons he may hold a single inquiry in response to both or all of those requests.'— [Mr.Marsh.]

    Clause 86

    REGULATIONS AND ORDERS FOR PURPOSES OF PART V

    Amendment made: No. 311, in page 109,line 45, leave out from ' which' to end of line 5 on page 110 and insert:

    ' goods are to be treated for the purposes of this Part of this Act as carried for hire or reward and the circumstances in which goods are to be treated for those purposes as carried by any person for or in connection with a trade or business carried on by him '.—[Mr. Marsh.]

    Clause 87

    INTERPRETATION OF PART V

    Amendment made: No. 314, in page 111, line 41, leave out 'permanent'.— [Mr. Marsh.]

    Clause 88

    CARRIERS' LICENCES NO LONGER TO BE REQUIRED FOR SMALL VEHICLES

    Amendment made: No. 315, in page 113, line 1, leave out subsection (2) and insert:

    (2) The said section 164 shall not apply to the use of any vehicle for the use of which an operator's licence is required unless that vehicle is a large goods vehicle.—[Mr. Marsh.]

    Clause 89

    TRANSITIONAL PROVISIONS AND AMENDMENTS

    Amendment made: No. 316, in page 113, line 7, leave out from beginning to ' with ' in line 12 and insert:

    (1) Where before the day on which section 56 of this Act comes into force in relation to any vehicles an application for an operator's licence is made in respect of those vehicles by a person who is the holder of a carrier's licence in respect of all or any of those vehicles, section 59 of this Act shall not apply to the application and section 60 of this Act shall apply to it.

    No. 317, in page 113, line 18, leave out from 'licence' to end of line 24 and insert:

    ' in respect of vehicles which consist of or include vehicles in relation to which section 56 of this Act has come into force shall be made to the licensing authority (within the meaning of the said Part IV) for the area containing the operating centre or operating centres of the vehicles proposed to be used under the licence '.

    No. 318, in page 113, line 37, leave out from ' of' to end of line and insert:

    'any vehicle which is an authorised vehicle under that licence'.

    No. 319, in page 114, leave out lines 2 to 4 and insert:

    (i) for a special authorisation covering the use of that vehicle; or

    No. 320, in page 114, page 6, leave out ' granted by that authority '.

    No. 321, in page 114, line 14, leave out from 'shall' to first 'be' in line 15.

    No. 322, in page 115, line 20, leave out from ' day ' to ' during '.—[ Mr. Marsh.]

    Clause 90

    VEHICLES AND DRIVERS SUBJECT TO CONTROL UNDER PART VI

    I beg to move Amendment No. 532, in page 116, line 39, at end insert:

    (4) This Part of this Act shall not apply where it is shown to the satisfaction of the Minister that a goods vehicle is normally situated in an employment district that lies more than ten hours by road from an urban conurbation and market of one million or more persons.

    I suggest that it would be for the convenience of the House to discuss also Amendment No. 533, to Clause 91, on page 116, page 43, leave out ' nine ' and insert ' eleven '.

    The Amendments are concerned with drivers hours and, in particular, with the effect of the reduction from eleven hours to nine hours—as it stands in the Bill—and 10 hours if the Government Amendment is carried. I am concerned with the effect which the Amendments will have on the livelihood and prosperity of those in parts of the country which lie more than ten driving hours away from their principal markets. I welcome the concession that the Minister is likely to make in the Government Amendment which will be moved shortly. The increase from nine to 10 hours is a concession which we are all very pleased to have.

    The hon. Member will notice that the Amendment which is to be moved by the Government is one which his hon. Friends and I pressed for in Committee and proposed in the Amendment in my name.

    I am aware that my hon. Friends and the hon. Member for Bodmin (Mr. Bessell) have done a sterling job in Committee, and many of the concessions which we have achieved we owe to my hon. Friends. Nevertheless, I do not wish to detract from my gratitude to the Minister for accepting the arguments for the increase from nine to ten hours.

    I want to point out to him that the increase does not go quite far enough for some industries in the part of the country with which I am concerned. If the Minister has included in Clause 91 the ability to be able to modify subsection (1) of Clause 91 as well as modifying subsections (2) to (8), I would be partially satisfied. In the Bill as it stands, the Minister has powers to modify subsec-sections (2) to (8) of Clause 91, but has not taken powers to modify subsection (1) which is concerned with the amount of driving time that a driver may spend at the wheel.

    I will illustrate my concern about drivers' hours by reference to a case in my constituency. The best example I can take is the fishing industry in Newlyn. It is the largest port in the South-West for landing fish, and it lies approximately 11 hours from the principal market, which is Billingsgate. The South-West, and Cornwall, in particular, are areas with an exceptionally high unemployment rate running into 7 per cent. at some times in the year. It is an area of very low incomes and an area which depends very much on the prosperity of the fishing industry. There are more than 1,000 people directly and indirectly employed in the fishing industry in the development area of Cornwall.

    We are particularly concerned about the quantity licensing provision for the reason that the railways have done great damage to the fishing industry in Cornwall in the past by, with considerable fickleness, using their monopolistic position to vary freight rates on the railways by substantial amounts without warning. The fishing industry and its markets in the north and the Midlands were virtually eliminated when the railways raised their fish rates by 50 per cent. one day in 1965.

    I was trying to illustrate the concern we have for this industry in the sense that it has had difficulty in the past which will be increased by the drivers' hours provision.

    The fishing industry and the broccoli industry, in my constituency, survive and are competitive only because it is possible to get fresh mackerel, other fish and fresh vegetables to the morning markets, and particularly to Billingsgate, by a system of refrigerated lorries. It would not be possible for the fish to be transported by rail for the reason that at the present time rail rates are up 300 per cent. more than the cost of getting fresh fish to market by refrigerated lorry. It costs approximately Is. Id. per stone at the moment to get fish by road from Newlyn to Billingsgate, whereas on the railway, taking into account the additional costs of returned empties and the losses which constantly occur, the cost of getting, fish to the market is about 3s. per stone. This is a substantial difference.

    If drivers' hours are fixed at 10, and there is no way in which the fishing industry can get its produce to Billingsgate Market by the next morning, at the present cost of transportation, then I think that it is not an exaggeration to say that the fishing industry in West Cornwall will be seriously damaged. This is a matter of very great concern to the people in my constituency.

    The Ministry answer the objections which we make to these drivers' hours provisions by saying, "Yes, but there is substantial room for an increase in productivity in this industry, and this would substantially offset the increased costs which would come about from the decrease in drivers' hours." But with respect, any increase in productivity which might come about in the industry cannot possibly offset the additional costs of having to have a second driver for what in practice would amount to one extra hour's driving.

    I appeal to the Minister to recognise our concern. We are 11 hours by road from the only market for one of the principal industries in Cornwall. It is not possible for the industry to send its goods by rail, because the freight charges are up to 300 per cent. more expensive. If the provision regarding drivers' hours remain at the proposed limit of 10, the Cornish fishing industry does not know how it will face the future.

    I do not want to press my Amendment to a Division. I hope that the Minister will consider the possibility, perhaps in another place, of including subsection (1) in his powers of modification. If he does that, we will be able to give him specific examples of how the Cornish fishing industry will run into substantial difficulties without the required extension of drivers' hours.

    The Minister may say that he knows of our special problems, that we are 11 hours away from the only market for our fish, but that the Government are thinking of safety and that it is not safe for a man to drive more than 10 hours a day. However, there are special circumstances here in that these drivers only work for 11 hours a day, whereas there are provisions in Clause 91 for a longer working day as long as a driver is at the wheel for only nine or 10 hours.

    What happens at Newlyn is that a driver picks up his loaded refrigerated van and drives to Billingsgate, where someone else takes over. He goes off for a rest, and he drives back to Newlyn the next day. In other words, the 11 hours' driving is his working day. We would be perfectly happy with 11 hours' driving time and a working day of 11¼ hours; that would meet the point, because the drivers do nothing else but drive.

    If the Minister would include the power to modify drivers' hours to meet special circumstances, which would mean adding in subsection (1) to his powers of modification to subsections (2) to (8), we would be perfectly happy. From the moment that the Bill becomes law, we fear that the Minister will be unable to consider these special cases—

    The hon. Gentleman is dealing with the provisions of Clause 91. If he looks at subsection (9), he will see that the Minister has powers to deal with exceptional circumstances and that, under paragraph (a), he may

    "create exemptions from all or any of the requirements of subsections (1) to (5) of this section in such cases and subject to such conditions as may be specified in the regulations ".

    The Minister has an Amendment down to subsection (9). When we come to debate it, I hope that he will give an assurance that he will have power to consider special cases like the one that I have mentioned. On the present wording,

    "to be used in cases of emergency or in exceptional circumstances"
    it may be thought that the Minister will not be able to vary the working day of a driver for the reasons that I have described. In fact, I tabled an Amendment to the subsection to try and cover the hon. Gentleman's point.

    As I have said, I have no wish to force the Amendment to a Division, if the House, subsequently, gives me leave to withdraw it. However, I hope that the Minister will explain how he can overcome the problem, because it is very serious for one of the most important industries in my constituency.

    The hon. Member for St. Ives (Mr. Nott) has made some astonishing assertions, the least of which is that every driver who drives to Billingsgate from Cornwall is working only for 11 hours. If I could be satisfied that a Cornish lorry driver was working the sort of day that he has suggested, I would have more sympathy for his argument. However, I suspect that what tends to happen in quite a few cases is that, before picking up his lorry, he does a certain amount of work in connection with the lorry, just as he does after he gets to Billingsgate. In other words, I rather think that the working day is somewhat longer than he suggests.

    I was even more surprised to hear him advocate a working day which is a quarter of an hour longer than at present. The regulation was laid down in 1933 in the Road Traffic Act, and now the hon. Gentleman wants to lengthen the working day by a quarter of an hour—[HON. MEMBERS: "NO."] That is what the hon. Gentleman has just advocated. I appreciate that the Cornish fishing trade has problems, not the least of which is that the bulk of drivers on this run will spend most of their working day at the wheel. These are the types of drivers who will be most affected by the proposed cut-down in drivers' hours.

    Many drivers will be driving for less than the maximum working day under the present rules and regulations. With the bulk of them working for 11 hours, but only driving for eight, nine or 10, they will not be affected all that much by the new rules, and the proposed system will merely clarify the existing provision.

    The hon. Gentleman has something of a point. At the same time, it is fantastic to argue that the whole of an industry's future depends upon the ability of a man to drive more than 10 hours; in other words, working far more hours per week than the average factory or mine worker in my constituency.

    The hon. Gentleman has told the House what usually happens. He says that a lorry driver comes from Newlyn to Billingsgate, takes his rest break, I hope, and goes back to Newlyn the following day. My suspicion is that, on the day after that, he will be up to Billingsgate again. The present modus operandi is such that he works something like a 55-hour week, which is far in excess of the average working week. It is fantastic to suggest that the whole industry depends on a working week of that length.

    6.30 p.m.

    I wish to support the Amendment, because it draws attention to another case which arises out of the peculiar geographical situation of Cornwall.

    In a previous debate, I pointed out that Cornwall is a long, narrow county. On that occasion, I remarked that Exeter was half-way to Penzance. The hon. Member for Nuneaton (Mr. Leslie Huckfield) challenged that statement. I have checked the distances in the Library, and I find that what I said was substantially correct. The rail distance from Paddington to Exeter is 133¼ miles, and from Exeter to Penzance it is 132½ miles.

    If the hon. Gentleman checks the A.A. guide, which is also in the Library, he will find that Penzance is 281 miles and Exeter is 169 miles. I hardly think that that justifies his assertion that Exeter is half way to Penzance.

    The point I wish to make is that there are serious difficulties, not only in the fishing industry but in the agricultural industry, about these drivers' hours. They are competing with other areas which are much nearer to their markets. I am told that, so far as the people dealing with the new potatoes and broccoli are concerned, under the present law they can deliver in an area which includes Birmingham and London with a population of about 20 million. But under the Bill as originally drafted they would be limited to Bristol and Southampton, which would be an area with a population of 2 million.

    That claim was made in the Bill as drafted and there has since been some modification. But it is true that owing to the geographical situation of Covent Garden if there are two drivers the cost of transport of a number of these commodities will go up substantially and they will be out of the market.

    The hon. Gentleman has assumed that these drivers work all the year, week in and week out, on these runs, but that is not the case, certainly not for the fish people, whose trade is certainly not every day of the week. For broccoli and new potatoes it is very seasonal; they are in season only at certain times of the year for certain periods. We are asking that arrangements should be made with the Minister to deal with special cases in exceptional circumstances over a short period, otherwise these industries will be seriously affected.

    Is the hon. Gentleman not aware that other road hauliers from other parts of the country, because of the present hours' regulations, have made arrangements for shipment from other depots just outside London? I could quote the case of a haulier who, between St. Albans and Watford, hands over to a second driver at Watford to fit in with the hours. This kind of thing can be done by the fishing industry.

    If the hon. Gentleman is suggesting that Billingsgate should be put somewhere outside London he just does not know the fish trade; and the same applies to Covent Garden. We know there is a proposal to put it at Nine Elms, which would certainly make it more convenient for the rail delivery.

    These hauliers are mostly small people —I am not talking about fish; the fishing industry is very largely in the hands of one firm at Newlyn, dealing with refrigerated lorries, special occasions. The horticultural industry is in the hands of small men, very often the owners of the farms themselves, running two or three lorries. If they have to employ a second driver they are out of the market. It is a serious matter for them.

    I hope that the Minister will try to find a way round this difficulty; otherwise, those particular forms of produce will not be on sale in the conurbations in the centre of England or in London. They will not get there, because they would not be competitive, and they will not be able to have their market at all.

    I support my hon. Friend the Member for St. Ives (Mr. Nott) in this Amendment; he put the case very well. We have particular problems in the South-West. I do not say that they are unique, but they certainly are real problems to us, with our high unemployment and the difficulties of communications. This means a bigger effort for us to compete in the markets. This is my answer to the hon. Member for Nuneaton (Mr. Leslie Huckfield). Both management and men have to do that little bit more to compete in the market these days. This business of drivers' hours is of considerable concern both to the men whose pockets will be affected and to the management and the running of these transport companies. I believe that the whole profitability is on a knife-edge.

    It is no good the hon. Member opposite shaking his head. With our difficulties the question whether we are successful or not rests on a knife-edge.

    All that my hon. Friend has said about fish is equally true, more so, of the total tonnage of meat that is going from the South-West. Vast quantities of meat are now being transported by road in special refrigerated lorries. This means that the meat has to be moved quickly from the South-West to the great conurbations. It is important that these drivers should make that little extra effort; and they are willing to do it. It is not a question of working five or six days a week. When killings are taking place in the meat trade they may be driving for only four nights and then they have finished their work. It is certainly not true, as far as I know. I know of a very big slaughterhouse. The men who run this meat trade—

    No, I am not giving way to you. The hon. Member is always interrupting. Let him sit and listen, as I did.

    Order. Hon. Members who are listened to in courtesy might extend the same courtesy to others.

    Mr. Speaker, I apologise but I was a little carried away. These interruptions are so constant.

    The whole of the business of the profitability of the transport of our produce, meat and other things, is on a knife-edge. The difference between being profitable or not means that that little extra effort has to be made. To have another man engaged as a second driver would probably price us out of the market for many of these commodities. Though my hon. Friend's Amendment may not be the answer—I am not saying that we are right on this—I am saying that this is the sort of point that wants to be looked at very carefully, because it is the difference between profitability or not and between selling our produce or not. I would, therefore, ask the Minister to look very carefully at this point we have raised. It is a valid point. I admit that we may not be right, but at least the Minister ought to consider it and understand the difficulties we have in the South-West.

    We know the difficulties of hon. Members opposite and that it is a question of profitability. But, of course, these arguments are age-old arguments. These are the very same arguments used when children were employed in the pits.

    That may be so, but I am saying that we have these difficulties; and now we are having more and more legislation, a whole series of legislation, which is adding to the burden and may very well mean we are just not viable in the future.

    The Minister ought to consider not only the South-West—it would be quite wrong for me only to speak on behalf of that region—but all the remoter areas which are on a knife-edge, whether they are profitable or not, and whether we can sell our produce. I hope that when he does so he will take into account the difficulties that not only farmers, but all who are engaged in this way in the South-West find in making their businesses viable.

    I intend to intervene only briefly. It would be less than courteous if I did not at this stage say that I am gratified to find the Minister's name above mine attached to Amendment No. 323. When he made the statement in Committee about temporary revision of this provision so that the working day would be increased from nine to 10 hours, I asked him whether he would be able to accept my Amendment. He could not at that stage say that he could do so. I am glad that he has met the point I made by this compromise.

    Grateful as I am for this, and although I am sure that the Minister is right so far as this concerns urban conurbations, there is a difference in Cornwall, the Highlands and other parts of Scotland. My hon. Friend the Member for Cornwall, North (Mr. Pardoe) will deal with this matter on a further Amendment.

    I take the opportunity of acknowledging the flexibility which the Minister has shown in this matter. Even though this may be only temporary and eventually he may introduce legislation to bring the limit back to nine hours, for the time being this will considerably help industry. Because of the imaginative way in which he has approached this part of the Bill, it will be most acceptable.

    I accept the point made by the hon. Member for Torrington (Mr. Peter Mills) that although these Amendments may not be the right ones it is very important that this point should be looked into. We are discussing the question of the tired driver being a menace not only to himself, but to others. We are talking about realistic limits on his hours and the way in which we should improve on the position which was laid down nearly 40 years ago. That has to be weighed in the balance against the arguments we have heard so far. Amendment No. 532 is concerned, not with fish—

    Will the hon. Gentleman enlarge on the fatigue factor and give some statistics?

    Not at this stage, because I want to stick strictly to the Amendments. I thought that we agreed on both sides of the House—I did not notice any dissenting voice—with the revised proposals that the Minister is to introduce, which can be changed to the original proposals made by my right hon. Friend the Secretary of State for Employment and Productivity. I thought that we were all agreed that there should be some revision of the law and that we should try to get it out of productivity. In long-distance haulage there is the greatest scope for achieving better productivity without, at the same time, increasing costs. This is the purpose of the exercise. I agree that it is easier said than done, but I thought that this was common ground between us.

    Amendment No. 532 is a bad Amendment. It does not define what is meant by "ten hours by road". The Amendment would not put the position back to what it was 40 years ago, but retrogressively it would go back beyond 1930. When we look at the question of competitors in Europe we see that when proposing a revision of these hours it would make our position absurd if we adopted this Amendment. I do not think that the hon. Member for St. Ives (Mr. Nott) has thought this matter through. I am not trying to be offensive, but pointing out that Amendment No. 532 would do something which I am sure its sponsor never intended—going back beyond 1930.

    Not only lorries carrying fish, but all lorries in the area would be exempt. It is not justifiable that all the lorries in one area should be exempt because a particular industry should be exempt. I accept the point made by the hon. Member for Truro (Mr. Geoffrey Wilson) about the ferrying of broccoli to the markets in London. I appreciate that that is a different matter from the carrying of fish. That is why the Minister was very anxious that we should look into this matter. In Committee, we thought we had dealt with it when we accepted an earlier Amendment. Without breaching order, I refer to the Government Amendment No. 346, which seeks to amend subsection (9) of the Clause. That is where we should argue these particular cases rather than on subsection (1) as the hon. Member for St. Ives suggested.

    6.45 p.m.

    We take the point that there are problems in Cornwall, Devon, the Highlands and elsewhere, but we should have room statutorily to make adjustments for supply needs without doing damage to the general objective of this whole exercise, with which I am sure all hon. Members agree. Amendment No. 533 does offence even to the 1930 Regulations. I earnestly entreat the hon. Member for St. Ives not to insist on that Amendment, but to help us to get the Government Amendment No. 346 put into the Bill so that the Minister can look afresh at the problems not only concerning fish, but broccoli, and many other commodities.

    Is my hon. Friend aware that the 1965–66 annual report of the Western Traffic Area Licensing Authority gives the rather shocking figure of 44 per cent. total convictions in the Western area concerned with drivers' hours?

    I am obliged to my hon. Friend. I am sure that figure must impress hon. Members opposite. They do not wish to be parties to this. Tired drivers are dangerous drivers and we must pay reasonable attention to the proposals in the Bill.

    The hon. Member is drawing precisely the wrong conclusion from the statistics. There is no correlation between offences and drivers' hours and accidents. They are purely and straightforwardly offences.

    I shall not argue that now. I do not think that there is dissent on either side of the House that these Amendments seek to establish the case for specific hauliers in specific industries. That should be done by amending subsection (9), not by incorporating these Amendments. The Amendments would do considerable damage to the present achievements with reference to drivers' hours. They would put us far behind the rest of Europe and turn the clock back over 40 years. I am sure that is not what the authors of the Amendment intend. Perhaps the hon. Member for Sudbury and Woodbridge (Mr. Stain-ton) will leave the argument he put forward until later, when, no doubt, the Minister will deal with it.

    Hon. Members on both sides of the House will have been a little surprised to hear the Minister of State advocating rejection of Amendment No. 533 on the basis that it would be unreasonable for any man to be at the wheel for more than 10 hours. Bearing in mind that we considered this matter for many hours in Committee, and have considered it at length today—

    Would the hon. Member suggest that the performance of the Opposition today is something which we should enlarge upon elsewhere?

    1 think that the performance of the Opposition has shown that we can cope with such a situation, although I would not say the same about the Government.

    My hon. Friend the Member for St. Ives (Mr. Nott) pointed out how the Clause as drafted could affect important industries which are concerned with perishable goods and are vital to his constituency, and other industries which are highly competitive. My hon. Friend the Member for Torrington (Mr. Peter Mills) pointed out that it affects not only the transport of broccoli, but of fish and other commodities. He will have been very glad to hear the Minister say that to meet this kind of special situation the Government have tabled an Amendment which we shall consider later. Many of us wonder about the extent of the Amendment, and we are glad to hear that to meet this kind of situation the Government have drafted an Amendment to meet "a special need".

    My hon. Friends have pointed out that a special need is concerned here. The broccoli and fish industries are concerned in getting goods to market in a short time, and other hon. Members could quote many identical cases. The Minister will be aware of an exactly similar situation which arose with a firm in Kilmarnock, engaged in carrying vegetable oil and similar goods from Hull. However, my hon. Friend will be to some extent relieved to hear that to meet this kind of situation the Government have tabled an Amendment. Bearing in mind what my hon. Friend said at the beginning of his excellent speech, in these circumstances he may well be satisfied with the assurances that we have had.

    I was very happy that the Minister answered these Amendments in the way he did. He has shown some appreciation of the problems and, if I may say so without presumption, he has shown some humility, which is sadly lacking in the hon. Member for Nuneaton (Mr. Leslie Huckfield), who knows so much more about everyone else's problems than they do themselves that it really becomes tiresome.

    Order. We are not discussing the hon. Member for Nuneaton (Mr. Leslie Huckfield).

    On the assurance of the Minister that Government Amendment No. 346, which we shall not have time to discuss under the Guillotine, will enable the special problems of, for example, broccoli and fish transport, to be considered as special cases, I do not wish to press both Amendments. I do not pretend to be a Parliamentary draftsman and will accept that the first Amendment was not well drafted.

    It is proposed that the Amendment before us, Amendment No. 532, be withdrawn. This is purely a technical correction.

    Amendment, by leave, withdrawn.

    Clause 91

    PERMITTED DRIVING TIME AND PERIODS OFDUTY

    I beg to move Amendment No. 323, in page 116, line 43, leave out 'nine' and insert 'ten'.

    With the Amendment we may discuss the Amendment to it, in the name of the hon. Member for St. Ives (Mr. Nott), after 'ten', insert 'and three quarter'.

    I am anxious to maintain the happy atmosphere. As the hon. Member for Bodmin (Mr. Bessell) said, this was his Amendment. One of the difficulties of being a Minister is that after listening to the debates in Committee, as I have learned in the last few weeks, the biggest crime one can commit is then to put down Amendments designed to meet some of the points raised. One does not get this criticism from the hon. Gentleman, who is outstanding in his reasonableness in these matters. This is one of a number of Amendments put down to meet points fairly raised during the debate.

    One point raised in Committee was the very real problem involved in a reduction of drivers' hours. This has faced us with two problems. On the one hand it is inconceivable that we could maintain this reduction without a degree of increased productivity that would pay, at least in part, for this reduction. The load on industry would be very considerable without this increased productivity. On the other hand, that being so, I came to the conclusion that this would put off the date by which we would get the reduction in hours which we all want. It therefore seemed reasonable to take this in two parts and to first move to 10 hours and subsequently move to nine hours.

    I was surprised to learn of some reluctance or some doubts about the wisdom of even this initial reduction. We are dealing here not with motor cars but with heavy vehicles of 16 tons. As a motorist who had never driven a lorry I tended to think of driving lorries in much the same way as one drives motor cars. Only recently I had the opportunity of travelling in one of these vehicles, and I do not think that anyone who has travelled in a 16-ton lorry can be unconscious of the fact that it is a very different proposition from driving a comfortable, smooth, relatively small car. It is hard work: I sat next to a man whom I admired intensely, who was manipulating no fewer than 10 gears. There was a great deal of vibration and discomfort.

    Drivers obviously get used to this sort of thing, but I cannot believe that one can argue that a man who is driving a vehicle of that type for 10 hours has not done a pretty solid day's work. I am well aware that the reductions in hours are not universally welcomed by drivers themselves, and one can appreciate the reasons. But to have a man on the road with that type of vehicle for a period much in excess of 10 hours is not something which many of us would wish to encourage.

    We have heard a great deal today about the problems of the fishing industry and about various parts of the country; and no doubt there are problems presented by this change. All change produces problems. This is one of the great difficulties faced by the whole nation. We are, as a nation, unanimously in favour of change provided that we can all get written guarantees that it will not affect us personally but some other chap. We are in favour of reducing a driver's hours, provided it does not cause us difficulties.

    On the Continent there are European limits laid down in the draft E.E.C. regulations. At present they are talking of reducing the number of hours to nine, and French fish must be the same as English fish—and probably Scottish fish too.

    Does the Minister agree that the Common Market regulations allow for two days of longer duration?

    They allow for two days of longer duration, with a total of 10 hours, which is the proposal before us at present. We are talking of bringing our thinking into line with that of the Continent, and, if the Germans, the French and everyone else are thinking in this direction, although there may be arguments about whether we want to do it, I cannot really believe it is impossible for us to do it.

    The hon. Member for Sudbury and Woodbridge (Mr. Stainton) fairly asked if there is really a correlation between dangerous driving, or danger in vehicles, and the number of hours. This argument derives from considerable research, on which I am not qualified to comment, but it is argued that there is a direct relation between fatigue and slower reaction times; and if the reaction times of the man driving a 16-ton lorry are at all slowed down at the end of a 10-hour day, we must try to overcome this menace. This will produce difficulties. We are changing the system. People are going to have to operate their industries in some cases in different ways.

    Reference has been made to subsequent Amendments dealing with the provision for making exemptions. In all fairness I do not see these exceptions being used on a massive scale because there would be no purpose in having the regulations on the hours at all; but certainly there is provision, in the light of experience, for us to see where defined classes could if necessary be exempted. I firmly believe that a nine-hour driving day—and this is driving time—at the wheel of vehicles of such size is a desirable thing for Parliament to impose on the industry. It cannot be achieved in one jump, and therefore we are doing it in two stages. The first stage is to ensure that the hours are reduced to 10, and to have discussions with the industry and the unions.

    7.0 p.m.

    There is increased productivity to be obtained in the industry, as we all know. It is not as easy to find as is sometimes suggested, and the ease of obtaining productivity deals tends to be a little oversimplified. I think that the provision is in the interests of the industry and the drivers, and I am convinced that it is in the interests of the mass of the public travelling on roads in company with vehicles of this sort. Therefore, we intend to reduce the hours to 10, when we have had discussions on how this can be achieved, and to take powers to make a further reduction to nine hours at some time in the future.

    We must start from the acceptance that this involves difficulties for industry. It would be absurd to pretend that it did not. It means that people will have to adopt different working practices. There will be some inconvenience and probably some additional costs, though one hopes that this can be overcome with the co-operation of the men and the industry. But when we have looked at the evidence, not only in our country but in others, when we return to the point which I stressed, that we are talking about vehicles of 16 tons and above, I cannot believe that the House would think that a 10-hour driving day in one of those vehicles is not sufficient in terms of road safety.

    As the Minister said, the Amendment shows a major concession compared with the original Bill. We pressed for it in Committee, together with the hon. Member for Bodmin (Mr. Bessell), and we are glad to see it.

    As far as I can see there has been very little research on the question of fatigue in driving. The only real paper studying the question in depth seems to have been an article, "Fatigue in Driving", in a magazine called Ergonomics published way back in 1961. The Geddes Report on carriers' licensing pointed out that one of the real problems was that existing statutory limits were often disregarded. It said that one of the major contributions we could make was a tightening up. As the Minister said, if the original proposal had gone forward a substantial increase in costs would have resulted. The Wiggins Teape pulp and paper mill, in which the Minister of State has a very real interest, estimated that the extra cost to it of the proposals could be about 14·9 per cent. The concession will reduce that.

    We are concerned with the effect of the new proposals on drivers' earnings. The previous Minister said several times that she would not be satisfied unless drivers' wages were protected when hours of work were reduced. The Government said in the last page of the White Paper, The Transport of Freight:
    "Increased productivity will be the key factor and evidence of real progress towards this objective by both sides of the industry will be essential before the enabling powers are used to bring the new law into effect."
    Could the Minister tell us what progress has been made and the extent to which progress is possible?

    My hon. Friend the Member for St. Ives (Mr. Nott) mentioned in the debate on the previous Amendment the problem of a fast run from Cornwall to London. It seems that in many instances the scope for increased productivity is not in the hands of the drivers. Many of the difficulties are congestion on the roads holdups at docks, and deliveries of goods to customers, none of which the driver can control.

    Therefore it seems that in some cases there is not a great deal of scope for increased productivity, apart from faster driving. Would this be an effective contribution to the safety which the Minister said that he is aiming at? If there is a productivity agreement which allows for faster driving I wonder if this will be a real contribution to tackling the problem of fatigue which he has in mind.

    Is it still the Minister's intention, as it was of the previous Minister, that drivers' wages should be protected when the changeover takes place? What progress has been made in this direction?

    I wholeheartedly accept the reduction in drivers' hours from 11 to 10. Whilst I intervened when the Minister of State, Scottish Office was speaking to question whether he had statistics on fatigue, I do not think that statistics are called for to justify the reduction from 11 to 10. Ordinary observation is sufficient to justify it. But beyond that point there will be a very heavy onus on the Government to show that there is a correlation that would demand a further reduction, because there are very rapid improvements in the layout and comfort of driver's cabs and facilities in vehicles, and all these factors must be borne in mind.

    The Minister rather misunderstood what I said in an intervention about the hon. Member for Nuneaton (Mr. Leslie Huckfield). The hon. Gentleman quoted some traffic offences figures and the Minister appears to have understood the offences to have been dangerous driving. I understood them to have been offences in the broad and, rightly or wrongly, to have been largely to do with the non-observance of driving hours. I was trying to make the point that there was no necessary correlation between that statistic and what the Minister of State was trying to say. I hope that the Minister will not persist in holding this against me in terms of my attitude towards driving hours.

    The Minister has said that the change proposed would be only a temporary alteration, and that he hopes eventually to make the reduction to nine hours. I could not take part in the debate on the earlier Amendment, but I should like to mention the case of a region like Norfolk, most of which is situated 100 miles from its main markets. As a result, the normal day's journey— one might almost say the classic Norfolk journey—would be to go probably to London and complete the return trip with a back load in one day. That enables the vehicles to be well used and the driver to return home, and provides a very economic use of transport.

    The difficulty is that it may become impossible to do that in a nine-hour driving day. It would almost certainly be impossible, depending on traffic conditions, and even with 10 hours it would be difficult where perhaps there must be several points of pick-up or delivery.

    Fatigue has been mentioned as a cause of accidents. Equally, impatience can be a very great cause. Let us not under- estimate the drivers' desire to end up at home after the day's work. The drivers feel strongly about this, as evidenced by the fact that one firm can get only one driver to say that he will definitely sleep away from home if the routine must be changed, and that is because he can stay with friends. I hope that the Minister will take that point seriously.

    Much else could be argued, such as all the matters of cost. I hope that the Minister will really consider these points.

    I shall not detain the House for more than a few moments, but I certainly welcome this Clause if it will help us in obtaining a better standard of road safety. The reduction of hours from 11 to 10, and eventually to nine, is a good thing.

    Speaking as one who does a considerable amount of driving, I find that tiredness is a factor contributory to some accidents. I suppose that most of us have had occasion to pull up on the side of the road because tiredness has overtaken us, and found that after five minutes' rest we feel we can go on. On the other hand, I can understand the action of a driver who, though he is tired, because he is also anxious to get home, will not do that, but will take the risk of driving on. Sometimes he will get away with it and sometimes he may not.

    My only fear arises from a possibility which was brought to my attention by drivers employed in road haulage. Many of them, and even their wives and families, have a very great fear that a reduction in the hours may mean a reduction in the drivers' pay. Is there to be a reduction in their pay? They do not want an "Irishman's rise" as a result of the Bill. I can only hope that my right hon. Friend will do his utmost, when this Clause becomes law, to ensure that every effort will be made to see that the drivers will not, as a result, suffer a reduction in their pay. I hope that my right hon. Friend, with the industry, will ensure that there will be no "Irishman's rise" for the workers in the industry.

    I think that we would all agree that to reduce the hours to 10 is a good thing, but we cannot disregard the point made by the Minister himself, that this will inevitably put up costs, and at a time when we have to be competitive and it is essential that we should be competitive to keep our markets. It is within the Government's power to help, through the Selective Employment Tax and Excise duties, to minimise the increased costs.

    I am not sure how far, Mr Speaker, you would allow me to reply to the last few comments.

    I rather thought not.

    Although this has been a short debate it has been a very good one and has shown a degree of acceptance by both sides of the public need. We really must go back to the question: what is this exercise about? If it is agreed—and I think that most hon. Members do agree —that driving lorries more than 10 hours a day is undesirable, then we have to accept the consequences which flow from that. The only way to meet the point is to accept that drivers shall drive those vehicles for not longer periods than those we are suggesting here.

    All right, but everybody has his own demands for road improvements. At the moment, and for some time to come, many of them will be concentrated on South-East London and Greenwich. But given the road system as it is, given all these problems, once we accept that we need this reduction in hours then consequences follow which I am not going to minimise.

    The hon. Member for Peterborough (Sir Harmar Nicholls), in the short part of his observation that was in order, said that this involves additional cost. How much, we do not know, but one estimate I saw, if the hours were reduced to nine, and if there were no increase in productivity, was between £20 and £30 million, an enormous sum. But I talked with the unions, I talked with the employers, and both sides told me that there is scope for increased productivity and that both sides were concerned to achieve it. I cannot believe that if they get together they cannot find a way out of this difficulty.

    These hours are to be reduced. I agree with everything my hon. Friend the Member for Carlisle (Mr. Ron Lewis) said. Naturally, we want to preserve the earnings of the men, but the proposal requires from the unions a recognition that to preserve the earnings with reduced hours they will have to adopt different practices.

    7.15 p.m.

    I was coming on to them as well. As Minister of Transport one looks at employers and employees together and the job they have to do. But this is to happen and it is in the employers' and employees' interests that they find a way to minimise the cost of this proposal.

    There is the question of fatigue, mentioned by the hon. Member for Glasgow, Cathcart (Mr. Edward M. Taylor) and the medical evidence, which also he mentioned. It is a little strange that, with the only medically qualified member of the Government present beside me, I find myself dealing with this subject.

    He is not asleep. He is thinking.

    This study of fatigue is not of fatigue in driving vehicles; it has nothing to do with vehicles. All the medical evidence shows, from doing tests, that people's reaction times are slower when they are tired than when they are not tired. The evidence of this has been with us all day. If, therefore, we accept that driving a vehicle of this size for 10 hours is tiring, we accept that there is potential danger, and if we accept that there is potential danger then we accept that we have to reduce the number of hours; and if we reduce the number of hours we have to accept the consequences which flow from that.

    This means reorganisation. It means new methods. It means that the drivers and the employers should get together to find new ways to maintain their incomes. I am not suggesting that it is an easy job. We in the Ministry will certainly give all the help we can to help the two sides to reach what agreement they can.

    The one thing which has emerged from this debate is that, however much we may argue the difficulties, not one hon. Member dissents from the basic proposition that, if nothing else, what the Government are doing is right.

    Amendment agreed to.

    The next Amendment is No. 324, with which are listed Amendments No. 325 and No. 326, dealing with Cornwall and Devon, Scotland, and the Highlands and Islands of Scotland.

    The Amendments in this group are merely probing Amendments. We have discussed the whole of this issue, and I think that we had a reasonable response from the Government. Therefore, I will not move them.

    I beg to move Amendment No. 331, in page 117, line 14, to leave out 'or (c)' and to insert '(c) or (d)'.

    With this Amendment we can discuss Amendment No. 339, in page 117, line 31, at end insert:

    (d) if the driver is a company representative visiting customers' establishments and whose main employment is not driving, the working day shall not exceed fourteen hours.

    AmendmentNo. 331 paves the way for No. 339, Mr. Speaker, and it is upon the latter that I suggest that the attention of the House should be concentrated. The endeavour is to extend the provisos under subsection (3) of Clause 91 so as to let out commercial travellers who might be driving vehicles which would fall within the definition of goods vehicles under Clause 90(2)(b)(ii), which reads:

    "motor vehicles (except those mentioned in paragraph (a) of this sub-section "—
    these are heavy locomotives and various other types of heavy vehicle—
    "constructed or adapted to carry goods other than the effects of passengers."
    It is possible that this definition would embrace pick-ups or station wagons and the like.

    It might strike the House that the more direct way of attacking this situation would have been to table an Amendment to the definition of vehicles and to exclude specifically the pick-up or station wagon type of vehicle about which I have been talking. That endeavour was made in Committee and turned down by the Government—most perversely, I thought —with the argument that, if one included commercial representatives and others who have to carry tools and equipment around with them in small vehicles which are probably not private cars, but similar to them, there would be a logical argument for extending driving hours restriction to all persons driving private cars. Rather than encounter another Scottish solecism, we have decided to tackle the manner in the form now put forward.

    Amendment No. 339 would provide that, if a driver is a company representative visiting customers' establishments, and whose main employment is not driving, the working day shall not exceed 14 hours. Although my name is attached to the Amendment and I must, therefore, take full responsibility, I am not entirely proud of it. I make that point deliberately because I expect that part of the Government's reply will contain drafting objections. But I hope that we shall have the spirit of the exchange rather than the detail.

    The Bill has still to run its course and there is plenty of time to take up any defects which may be detected in the form of wording. I am not happy about the reference to "company representative". What is that? One might say that it is a commercial traveller or a travelling man, or—

    I was endeavouring to adduce arguments to identify the relative strength of the Amendment.

    I was about to suggest that some hon. Members may think that there are other classes of persons, such as veterinary surgeons or farm managers or farm mechanics, who merit consideration on this basis. Having said that, I am prepared to rest my case at this stage on No. 339 as it stands, but despite my reservations about the wording I fully intend to ask my right hon. and hon. Friends to take the matter to a Division should the spirit of the suggestion not be acceptable to the Government.

    The hon. Gentleman is quite right in saying that No. 331 is a paving Amendment to No. 339. I would allow a Division on No. 339 if requested.

    I support the Amendment. The Clause deals with a larger class than commercial travellers. In Committee, in connection with another Amendment, I drew attention to a report by the Traders' Transport Association, published in October, 1959. The report was not considered enough in 1959. Nor has it been considered enough since. It contained a number of valuable pieces of information.

    It was a survey of members organisations holding "C" licences. It asked why they held "C" licences. The survey published the percentages of reasons given as to why members of the Association chose forms of road transport rather than rail. One of the surprising disclosures was that 32 per cent. of those questioned said that they preferred to use road transport because they required their travellers to solicit orders and collect cash.

    If a man is largely employed on that sort of occupation, it goes much further than the job of the commercial traveller as we commonly know him, and there must be a considerable number of drivers of vehicles spending a great deal of their time in soliciting orders and collecting cash. I take it that that sort of person would be covered by the Amendment. This point should be borne in mind. One is apt to assume that there is no connection between commercial travellers and the haulage industry, but there is a connection between persons employed to collect cash and solicit orders and drivers of all commercial vehicles.

    I draw attention to the anomalies which may arise, unless an Amendment of this kind is accepted, in the case of people like farm fitters, not employed by farms but by agricultural engineers, who have to do a lot of servicing, and also in the case of anyone on a farm whose job is not normally that of driving. If such a person drives more than four hours in one day, which may easily happen, for the remainder of the week he becomes classified as a driver and his total working hours are controlled accordingly, so that he cannot carry on with his ordinary job.

    I hope that I shall restore the harmony which appears to have been breached by the hon. Member for Sudbury and Woodbridge (Mr. Stainton), who threatened the Government with a vote if we did not respond in the spirit of his Amendment. I say first to the hon. Member for Truro (Mr. Geoffrey Wilson) that I am not sure whether or not these Amendments would cover the class of persons he spoke about. I think that the hon. Member for Sudbury and Woodbridge would agree that this kind of person should not be left uncovered by the Amendments, however. One has to be sure technically of what one is doing in an Amendment if it is to cover all the classes desired under the revised arrangements which my right hon. Friend has agreed to.

    The hon. Member for Sudbury and Woodbridge testified—that is the only word one can use—he witnessed to this assembly, his anxiety to be counted among those who favoured the reduction to 10 hours. He was one of the company who wanted the 10-hour change. If that is true, it means, under the revised rules, and taking the initial spread-over—12½ hours—that the commercial traveller or representative would be working from 8 a.m. to 8.30 p.m.

    7.30 p.m.

    Then we part company. We will have a Division if that is the case. It seems to us that that is a perfectly reasonable proposition in the generality. I emphasise this, because it is a general Amendment not a specific one. The hon. Gentleman may say later that he did not mean it to be as general as this, but wanted it to be more specific, as did the hon. Member for Norfolk, South (Mr. J. E. B. Hill).

    The hon. Gentleman's example can be covered by the previous discussion about amending subsection (9); and if we reach Government Amendment No. 346 we may discuss this further. There are specific cases that we could make exemption for under that subsection. But when we are arguing a general case, and I am treating this Amendment as a general case, and we are being asked to exempt a substantial class of people, it would be a major concession. The figure in 1959 for commercial representatives was 32 per cent., and this is a very large one.

    The figure was 32 per cent. of those asked to make the return. All were "C" licence holders. It is not 32 per cent. of all vehicles on the road.

    I accept that, but it is a still substantial class. I am told that to meet the point of the hon. Member for Sudbury and Woodbridge would be a substantial concession. This would nullify the attempt by the Government to make drivers' hours sensible, even if the drivers concerned were only those who solicited orders and carried out other duties.

    If we go to the second stage of the reduction in hours, it means that the same people could be working from 8 a.m. to 7 p.m., and within the generality, this is a perfectly sensible and sound proposal. We are trying to get the best possible situation between employer and employee. We are trying both not to upset arrangements, and, at the same time, make improvements. If we were to make a major change of the kind proposed here we would nullify this attempt to improve the circumstances of people, and to reduce danger on the road.

    Everyone will be disappointed by the Minister's reply. He tried in some way to compare the man driving a very large lorry with the

    Division No. 195.]

    AYES

    [7.36 p.m.

    Alison, Michael (Barkston Ash)Burden, F. A.Fortescue, Tim
    Allason, James (Hemel Hempstead)Campbell, GordonFatter, Sir John
    Astor, JohnCarr, Rt. Hn. RobertFraser. Rt. Hn. Hugh (St'fford & Stone)
    Atkins, Humphrey (M't'n & M'd'n)Cary, Sir RobertGalbraith, Hn. T. G.
    Awdry, DanielChichester-Clark, R.Gibson-Watt, David
    Baker, Kenneth (Acton)Clark, HenryGiles, Rear-Adm. Morgan
    Baker, W. H. K. (Banff)Clegg, WalterGlimour, Ian (Norfolk, C.)
    Balniel, LordCooke, RobertGilmour, Sir John (Fife, E.)
    Barber, Rt. Hn, AnthonyCooper-Key, Sir NeillGlyn, Sir Richard
    Batsford, BrianCorfield, F. V.Godber, Rt. Hn. J. B.
    Beamish, Col. Sir TuftonCostain, A. P.Goodhart, Philip
    Bell, RonaldCrouch, DavidGoodhew, Victor
    Bennett, Sir Frederic (Torquay)Crowder, F. P.Gower, Raymond
    Berry, Hn. AnthonyCunningham, Sir KnoxGrant, Anthony
    Beasel, PeterCurrie, G. B. H.Gresham Cooke, R.
    Bitten, JohnDalkeith, Earl ofGrieve, Percy
    Biggs-Davison, JohnDance, JamesHall, John (Wycombe)
    Black, Sir CyrilDavidson, James (Aberdeenshire, W.)Hall-Davit, A. G. F.
    Blaker, PeterDean, Paul (Somerset, N.)Hamilton, Michael (Salisbury)
    Boardman, Tom (Leicester, S. W.)Deedes, Rt. Hn. W. F. (Ashford)Harris, Frederic (Croydon, N.W.)
    Body, RichardDigby, Simon WingfieldHarrison, Brian (Maldon)
    Bossom, sir CilveDodds-Parker, Douglas Harrison, Col. Sir Harwood (Eye)
    Boyd-Carpenter, Rt. Hn. JohnDoughty, CharlesHarvey, Sir Arthur Vere
    Boyle, Rt. Hn. Sir EdwardDrayson, G. B.Harvie Anderson, Miss
    Braine, Bernarddu Cann, Rt. Hn. EdwardHastings, Stephen
    Brewis, JohnEden, Sir JohnHawkins, Paul
    Brinton, Sir TattonElliot, Capt. Walter (Carshalton)Hay, John
    Bromley-Davenport. Lt.-Col. Sir WalterElliott. R.W. (N'c'tle-upon-Tyne, N.)Heald, Rt. Hn. Sir Lionel
    Brown, Sir Edward (Bath)Emery, PeterHeath, Rt. Hn. Edward
    Bruce-Gardyne, J.Errington, Sir EricHeseltine, Michael
    Bryan, PaulEyre, ReginaldHiggins, Terence L.
    Buchanan-Smith, Alick (Angus, N & M)Farr, JohnHiley, Joseph
    Buck, Antony (Colchester)Fisher, NigelHill, J. E. B.
    Bullus, Sir EricFletcher-Cooke, CharlesHolland, Philip

    man engaged in business, who, on particular days, might have to work for a long time. The Minister knows that a commercial traveller operating in the Highlands of Scotland may, on two days of the week, work for a longer period than usual to carry out his work. We have assured the Minister on the previous Amendment that we support the generality of the intention behind this part of the Bill, but if it is the Government's intention to impose these rules inflexibly then our co-operation may have been misplaced.

    It is because we are concerned, because men engaged in business all over the country are concerned, about the dangers of an inflexible situation, and because they feel that flexibility by regulation-making is inadequate, that we will have to register our opinion by dividing. For technical reasons, I suppose that we will have to divide on Amendment No. 331.

    For procedural reasons the Amendment which we must divide on, if we are to divide, is No. 331.

    Question put, That the Amendment be made: —

    The House divided: Ayes 223, Noes 248.

    Hooson, EmlynMitchell, David (Basingstoke)Silvester, Frederick
    Hordern, PeterMonro, HectorSinclair, Sir George
    Hornby, RichardMontgomery, FergusSmith, Dudley (W'wick & L'mington)
    Howell, David (Guildford)Morrison, Charles (Devizes)Smith, John (London & W'minster)
    Hunt, JohnMott-Radclyffe, Sir CharlesSpeed, Keith
    Hutchison, Michael ClarkMunro-Lucas-Tooth, Sir HughStainton, Keith
    Iremonger, T. L.Murton, OscarStodart, Anthony
    Irvine, Bryant Godman (Rye)Neave, AireyStoddart-Scott, Col. Sir M. (Ripon)
    Jenkin, Patrick (Woodford)Noble, Rt. Hn. MichaelTapsell, Peter
    Johnston, Russell (Inverness)Nott, JohnTaylor, Sir Charles (Eastbourne)
    Jones, Arthur (Northants, S.)Onslow, CranleyTaylor, Edward M. (G'gow, Cathcart)
    Kaberry, Sir DonaldOrr, Capt. L. P. S.Taylor, Frank (Moss Side)
    Kerby, Capt. HenryOrr-Ewing, Sir IanTeeling, Sir William
    Kershaw, AnthonyPage, Graham (Crosby)Temple, John M.
    Kimball, MarcusPage, John (Harrow, W.)Thatcher, Mrs. Margaret
    King, Evelyn (Dorset, S.)Pardoe, JohnThorpe, Rt. Hn. Jeremy
    Kirk, PeterPearson, Sir Frank (Clitheroe)Turton, Rt. Hn. R. H.
    Kitson, Timothypeel, JohnVaughan-Morgan, Rt. Hn. Sir John
    Knight, Mrs. JillPercival, IanVickers, Dame Joan
    Lambton, viscountPeyton, JohnWainwright, Richard (Colne Valley)
    Lancaster, Col. C. G.pike, Miss MervynWalker, Peter (Worcester)
    Lane, DavidPink, R. BonnerWalker-Smith, Rt. Hn. Sir Derek
    Legge-Bourke, Sir HarryPounder, RaftonWall, Patrick
    Lewis, Kenneth (Rutland)Powell, Rt. Hn. J. EnochWeatherill, Bernard
    Lloyd, Rt. Hn. Geoffrey (Sut'nC'dfield)price, David (Eastleigh)Webster, David
    Lloyd, Ian (P'tsm'th, Langstone)Prior, J. M. L.Wells, John (Maidstone)
    Lloyd, Rt. Hn. Selwyn (Wirral)Pym, FrancisWhitelaw, Rt. Hn. William
    Lubbock, EricQuennell, Miss J. M.Williams, Donald (Dudley)
    McAdden, Sir StephenRamsden, Rt. Hn. JamesWills, Sir Gerald (Bridgwater)
    MacArthur, IanRawlinson, Rt. Hn. Sir PeterWilson, Geoffrey (Truro)
    Maclean, Sir FitzroyRenton, Rt. Hn. Sir DavidWinstanley, Dr. M. P.
    Macleod, Rt. Hn. lainRhys Williams, Sir BrandonWolrige-Gordon, Patrick
    McMaster, StanleyRidley, Hn. NicholasWood, Rt. Hn. Richard
    Macmillan, Maurice (Farnham)Ridsdale, JulianWoodnutt, Mark
    Maddan, MartinRodgers, Sir John (Sevenoaks)Worsley, Marcus
    Maginnis, John E.Rossi, Hugh (Hornsey)Wylie, N. R.
    Marples, Rt. Hn. ErnestRussell, Sir RolandYounger, Hn. George
    Marten, NeilSt. John-Stevas, Norman
    Maude, AngusScott, NicholasTELLERS FOR THE AYES:
    Mawby, RayScott-Hopkins, JamesMr. Jasper More and
    Mills, Peter (Torrington)Sharpies, RichardMr. Anthony Royle.
    Mills, Stratton (Belfast, N.)Shaw, Michael (Sc'b'gh & Whitby)

    NOES

    Abse, LeoConcannon, J. D.Fitch, Alan (Wigan)
    Albu, AustenCorbet, Mrs. FredaFletcher, Ted (Darlington)
    Allaun, Frank (Salford, E.)Craddock, George (Bradford, S.)Foley, Maurice
    Alldritt, WaiterCrawshaw, RichardForrester, John
    Allen, ScholefieldCronin, JohnFowler, Gerry
    Archer, PeterCullen, Mrs. AliceFraser, John (Norwood)
    Armstrong, ErnestDalyell, TamFreeson, Reginald
    Atkins, Ronald (Preston, N.)Davidson, Arthur (Accrington)Galpern, Sir Myer
    Bacon, Rt. Hn. AliceDavies, Ednyfed Hudson (Conway)Gardner, Tony
    Bagier, Gordon A. T.Davies, G. Elfed (Rhondda, E.)Garrett, W. E.
    Barnes, MichaelDavies, Dr. Ernest (Stretford)Gray, Dr. Hugh (Yarmouth)
    Bence, CyrilDavies, Harold (Leek)Greenwood, Rt. Hn. Anthony
    Benn, Rt. Hn. Anthony Wedgwood Davies, Ifor (Gower)Gregory, Arnold
    Bennett, James (G'gow, Bridgeton)Davies, S. O. (Merthyr)Grey, Charles (Durham)
    Binns, Johnde Freitas, Rt. Hn. Sir GeoffreyGriffiths, David (Rother Valley)
    Bishop, E. S.Delargy, HughGriffiths, Rt. Hn. James (Lianelly)
    Blackburn, F.Dell, EdmundGunter, Rt. Hn. R. J.
    Blenkinsop, ArthurDempsey, JamesHamling, William
    Boardman, H. (Leigh)Dewar, DonaldHannan, William
    Booth, AlbertDiamond, Rt. Hn. JohnHarrison, Walter (Wakefield)
    Boyden, JamesDickens, JamesHaseldine, Norman
    Braddock, Mrs. E. M.Dobson, RayHattersley, Roy
    Bradley, TomDoig, PeterHealey, Rt. Hn. Denis
    Brooks, EdwinDriberg, TomHooley, Frank
    Broughton, Dr. A. D. D.Dunn, James A.Houghton, Rt. Hn. Douglas
    Brown, Hugh D. (G'gow, Provan)Dunnett, JackHowarth, Harry (Wellingborough)
    Brown, R. W. (Shoreditch & F'bury)Dunwoody, Mrs. Gwyneth (Exeter)Howarth, Robert (Bolton, E.)
    Buchan, NormanDunwoody, Dr. John (F'th & C'b'e)Howie, W.
    Buchanan, Richard (G'gow, Sp'burn)Eadie, AlexHoy, James
    Butler, Herbert (Hackney, C.)Edelman, MauriceHuckfield, Leslie
    Butler, Mrs. Joyce (Wood Green)Edwards, Robert (Bilston)Hughes, Rt. Hn. Cledwyn (Anglesey)
    Callaghan, Rt. Hn. JamesEdwards, William (Merioneth)Hughes, Emrys (Ayrshire, S.)
    Cant, R. B.Ellis, JohnHughes, Hector (Aberdeen, N.)
    Carmichael, NeilEnnals, DavidHughes, Roy (Newport)
    Carter-Jones, LewisEnsor, DavidHunter, Adam
    Castle, Rt. Hn. BarbaraEvans, Albert (Islington, S.W.)Hynd, John
    Chapman, DonaldEvans, Gwynfor (C'marthen)Irvine, Sir Arthur (Edge Hill)
    Coe, DenisEvans, loan L. (Birm'h'm, Yardley)Jackson, Colin (B'h'se & Spenb'gh)
    Coleman, DonaldFaulds, AndrewJackson, Peter M. (High Peak)

    Janner, Sir BarnettMikardo, IanShaw, Arnold (llford, s.)
    Jenkins, Hugh (Putney)Millan, BruceShinwell, Rt. Hn. E.
    Johnson, Carol (Lewisham, S.)Miller, Dr. M. S.Shore, Rt. Hn. Peter (Stepney)
    Johnson, James (K'ston-on-Hull, W.)Milne, Edward (Blyth)Short, Rt. Hn. Edward (N'c'tle-u-Tyne)
    Jones, Dan (Burnley)Mitchell, R. C. (S'th'pton, Test)Silkin, Rt. Hn. John (Deptford)
    Jones, Rt. Hn. Sir Elwyn (W.Ham, S.)Morgan, Elyetan (Cardiganshire)Silkin, Hn. S. C. (Dulwich)
    Jones, J. Idwal (Wrexham)Morris, Alfred (Wytheshawe)Silverman, Julius (Aston)
    Jones, T. Alec (Rhondda, West)Morris, Charles R. (Openshaw)Slater, Joseph
    Judd, FrankMorris, John (Aberavon)Small, William
    Kerr, Mrs. Anne (R'ter & Chatham)Moyle, RolandSnow, Julian
    Lawson, GeorgeNeal, HaroldSpriggs, Leslie
    Ledger, RonNewens, StanStewart, Rt. Hn. Michael
    Lee, John (Reading)Norwood, ChristopherStonehouse, John
    Lector, Miss JoanOgden, EricStrauss, Rt. Hn. G. R.
    Lewis, Ron (Carlisle)O'Malley, BrianSummerskill, Hn. Dr. Shirley
    Lomas, KennethOrme, StanleySwain, Thomas
    Loughlin, CharlesOswald, ThomasSwingler, Stephen
    Lyon, Alexander W. (York)Owen, Dr. David (Plymouth, S'tn)Symonds, J. B.
    Lyons, Edward (Bradford, E.)Owen, Will (Morpeth)Taverne, Dick
    Mabon, Dr. J. DicksonPalmer, ArthurThomas, Rt. Hn. George
    McBride, NeilPark, TrevorThomson, Rt. Hn. George
    McCann, JohnParker, John (Dagenham)Thornton, Ernest
    MacColl, JamesParkyn, Brian (Bedford)Tinn, James
    MacDermot, NiallPearson, Arthur (Pontypridd)Urwin, T. W.
    Macdonald, A. H.Peart, Rt. Hn. FredVarley, Eric G.
    McGuire, MichaelPentland, NormanWalker, Harold (Doncaster)
    McKay, Mrs. MargaretPerry, Ernest G. (Battersea, S.)Watkins, David (Consett)
    Mackenzie, Gregor (Rutherglen)Perry, George H. (Nottingham, S.)Watkins, Tudor (Brecon & Radnor)
    Mackintosh, John P.Prentice, Rt. Hn. R. E.Wellbeloved, James
    Maclennan, RobertPrice, Thomas (Westhoughton)Whitlock, William
    McMillan, Tom (Glasgow, C.)Probert, ArthurWilliams, Alan (Swansea, W.)
    McNamara, J. KevinRandall, HarryWilliams, Alan Lee (Hornchurch)
    MacPherson, MalcolmRankin, JohnWilliams, Clifford (Abertillery)
    Mahon, Simon (Bootle)Rees, MerlynWilliams, Mrs. Shirley (Hitchin)
    Mallalieu, E. L. (Brigg)Reynolds, G. W.Willis, Rt. Hn. George
    Mallalieu, J.P. W. (Huddersfield, E.)Rhodes, GeoffreyWilson, William (Coventry, S.)
    Manuel, ArchieRichard, IvorWinnick, David
    Marks, KennethRobertson, John (Paisley)Woodburn, Rt. Hn. A.
    Marquand, DavidRobinson, Rt. Hn. Kenneth (St.P'c'as)Woof Robert
    Marsh, Rt. Hn. RichardRobinson, W. O. J. (Walth'stow, E.)Wyatt, Woodrow
    Mason, Rt. Hn. RoyRodgers, William (Stockton)Yates, Victor
    Maxwell, RobertRoebuck, Roy
    Mayhew, ChristopherRose, PaulTELLERS FOR THE NOES:
    Mendelson, J. J.Ross, Rt. Hn. WilliamMr. Harry Gourlay and
    Mr. Joseph Harper.

    I beg to move Amendment No. 332. in page 117, line 15, leave out 'eleven' and insert 'twelve'.

    With this Amendment it will be convenient to take Amendment No. 333, in page 117, line 15, at end insert:

    'except in the case of a driver of a passenger vehicle who may work for fourteen hours if he is engaged in driving a passenger service vehicle for a distance in excess of one hundred and fifty miles provided he has twenty-four hours off duty within every seven days working week '.

    The objects behind these two Amendments are three-fold. The first is to ascertain somewhat more clearly what the Minister had in view when he addressed the Committee on 25th April. There were some obscurities in terms of the total spread and in terms of the Government's intentions. The Minister said:

    "I propose also to take power to reduce the 11-hour basic requirement, so that at a later date it will be possible to reduce the 11-hour working day itself."—[OFFICIAL REPORT, Standing Committee F, 25th April, 1968: c. 2861.]
    If these Amendments merely serve the purpose of throwing some light on that expression we shall be delighted.

    The second objective is perhaps novel in terms of exchanges either in Committee or on the Floor of the House. I have no doubt that this must have crossed the Minister's mind in framing this legislation and bringing forward various Amendments. The Government are tackling the drivers' fatigue and the overall employment position under two separate headings: first, the driving hours, and secondly, the total span of the working day. There are rest periods and various other factors, but I think that one should concentrate upon these two points.

    We heartily support the initial reduction from 11 to 10 hours in driving time. This was made clear in our early discussions on subsection (1) of the Clause. However, we suggest, if only to get the Minister's reaction, that we should move rather more slowly in terms of the reduction of the working day. We feel that this makes a lot of sense. More cautious movement in terms of the working day will not have the direct impact on fatigue and associated matters that driving hours has. Yet it will allow the operator some flexibility for the time being. This is not a plea that one should so drag one's feet on the total working day that, in the event, nothing is achieved. We are saying that, compared with the reduction in drivers' hours from 11 to 10—and we are grateful that it is 10, not 9, at this stage—we should move more slowly in terms of the total working day. I am sure that this will confer considerable additional flexibility on the transport operator.

    There is enormous virtue in this suggestion. The word "flexibility" comes tripping off one's lips. Of itself it has no virtue, but we have to be flexible to cope with a variety of permutations constantly changing the transport world. I believe, however, that its content is even more profound in the context of productivity, about which the Minister was speaking. Much of the improvements in productivity are likely to come not so much on the loading and unloading as at either end, and while it is quite easy to demonstrate that one is opposed to reducing drivers' hours, if a man gets into the cab of a heavy vehicle in London and goes to Glasgow that will absorb his whole working day and he cannot go faster so that there is no improvement in productivity. We hear this kind of argument up and down the country, but it is a very partial one. The reality is what happens in regard to loading, unloading and turning round.

    It is on this count that I would plead with the Minister to take heed of our proposals in terms of going more slowly on the working-day front than on the reduction in actual working hours at the wheel. If he will take heed of this I believe he will make more progress and can have a much more friendly and realistic impact, not just on the transport industry but on industry as a whole, which is bound up with transport. If he can talk in these terms he will make friends rather than enemies. We propose, therefore, that the 11 hours proposed for the working day should be increased to 12 and that the overall time should run from 12½ hours to 13 hours.

    The third objective behind these two Amendments has particularly to do with public transport. I do not need to say much on that aspect because it was ventilated very fully in Committee. The Government Amendment which we are to discuss shortly, No. 344, has some impact on this situation, but if one can half assume it in one's mind we are still concerned with the impact which these proposals could have on the public transport situation.

    As my hon. Friend the Member for Cathcart (Mr. Edward M. Taylor) quoted in Committee, the Association of Chambers of Commerce pointed out that the manning of public bus services up and down the country is deficient by between 10 and 15 per cent. and that if the overall time span of 12½ hours proposed is adhered to this 10 to 15 per cent. is almost certain to become 15 to 20 per cent. This kind of evidence is eloquently supported in Report No. 50 of the Prices and Incomes Board on bus services and payment to bus drivers. This refers to Yorkshire-Humberside where there is a deficiency of no less than 15 per cent.; and I am informed, by quite independent advice—this is not from the Prices and Incomes Board report —that if the existing 14½ hours overrun is reduced to 12½ hours a further 283 drivers will be required in Birmingham at a cost of £320,000 a year. If a further 283 bus drivers are not recruited, this can only mean that at peak time those buses will not be operating on the roads.

    For these three reasons I commend these two Amendments for the attention and support of the House.

    Several accusations have been made about me this afternoon and, in particular, I have appeared to hon. Gentlemen opposite to know more about their constituency problems than they do. I would respectfully suggest that had the hon. Member for Sudbury and Woodbridge (Mr. Stainton) read the 1933 Road Traffic Act, he would certainly know more about it than he has shown the House he knows tonight; because instead of proposing to bring down the number of drivers' hours, he is actually putting forward a proposal for a working day one hour longer than the 1933 Act provided, which I find utterly fantastic coming from an hon. Member for whom many of my hon. Friends on this side of the House have great respect. I would hardly call it beneficial to employer or employee to come to the House and propose an increase in the number of drivers' hours when we are actually putting forward a proposal for a deduction of one hour on the 1933 Road Traffic Act. I suggest that before coming to the House in future the hon. Gentleman should at least read the appropriate Act.

    Having looked at his spread-over proposals, I find myself more in sympathy with him on this point, because at the moment we have a 14-hour spread-over and under the new proposal of my right hon. Friend we shall in future have a spread-over of 12½ hours. I can appreciate the point which the hon. Gentleman has made, that because of the great amount of time that is spent up and down the country waiting at docks, warehouses, wholesale premises, power stations and elsewhere, there may be some need for a longer spread-over period. But as my right hon. Friend has said, it is in these particular sectors of a driver's day that we have the greatest scope for productivity increases. This is precisely why he has proposed to slow down the implementation of this reduction in the number of permitted drivers' hours.

    I would suggest to the Eon. Gentleman that the arguments he has advanced against bringing down the spread-over period to 12½ hours are not all that watertight when we compare them with the facts of the situation; but I must admit that my own feeling on this whole question of drivers' hours leads me to favour having more flexibility. At the present time there is a terrific amount of flexibility simply because the present regulations of drivers' hours are not enforced. This in itself gives tremendous flexibility to any operator or driver who wants it. But we are told that in future we shall work on the basis of tachographs in the back of the cabin, driver's control books and increased roadside spot checks, and because of such things one can presume that the regulations will be more fairly enforced.

    I am not quite sure that they will come with such a bang, because if we wanted to introduce the tachograph overnight the simple fact preventing that is that we have not enough clocks. But even when these new drivers' hours are enforced and even bearing in mind the concession which my right hon. Friend has gracefully made, I would have thought more flexibility was needed. I would prefer the American system which states that basically a driver is not allowed to drive for more than 10 hours after he has had eight hours rest; and he must not drive more than two hours after he has been more than 13 consecutive hours on duty. On duty time includes all other things, including having spent time in a sleeping berth on the vehicle. Sleeping berths on vehicles are not permitted in this country though they are in most European countries. I would have liked to have seen some study of such things by my right hon. Friend, because the point at which the hon. Gentleman is trying to get in these two Amendments is the basic problem we have in this country of the typical journey being just a little longer than the time allowed for one day but not really long enough for the time which will be allowed for two days.

    As I see it, this is the basic problem we have always had with drivers in this country. We need a little longer time for the driver to work than he is permitted in one day as defined in the regulations. I would urge the hon. Gentleman to think again on his Amendment, because he is not bringing down the number of drivers' hours as defined by the working day but increasing them. I urge that he should look again at the spreadover period which he has suggested, because it is in the ancillary activities connected with driving that we find the greatest scope for increases in productivity.

    8.0 p.m.

    The hon. Member for Nuneaton (Mr. Leslie Huckfield) said that there are varying reactions to his speeches. The reason for some is that in Committee six of these eight important Clauses were not discussed at all because of the guillotine. Since we have only half an hour left, it seems that the same will happen now. It is because he has contributed a good deal on a subject in which he is greatly interested.

    Having regard to the new Common Market draft regulations, could the Minister say whether the proposals in the Bill will conform with them? I understand that they do not and that my hon. Friend's suggestion is more in line with them. Would he bear in mind the special problems of certain isolated industries and commercial activities? An important case which was mentioned in Committee is that of the Electrical Sign Manufacturers Association, who transport electrical signs to shops and elsewhere and then return. Since driving is not a main part of their activity, they need a good spread-over. An important point is that the building industry, because of its seasonal activities and the fact that it works shorter days in the winter, works longer hours in summer. Will provision be made in the regulations for this important industry?

    On municipal transport, there is a problem, in that the Minister is about to make an important concession to bring many matters into the same field as the concession already made for passenger transport. He should bear in mind the desperate situation, because of the shortage of drivers, for instance, which faces transport authorities. If the spread-over is introduced in this form, to provide the same services, some authorities would have to find more drivers, who may not be available. It is because we are looking for this flexibility that I hope that the Minister can give my hon. Friend the assurances which he wants.

    There is a tendency for some hon. Members to suggest that, provided one fixes the time for which a man may drive or work around his vehicle, it does not matter how long the spreadover is. There is no specific, provable figure of what the length should be, but we start with the assumption that a man should not drive after too long a working day. We are talking about a 12½ hour day. I know that this creates difficulties. I accept that a great deal can be done at both ends of the journey and that, although this is not actually in the Bill, and is not the first thing to be negotiated between unions and employers, it is still a real problem, particularly in relation to ports—but I will not push that subject too far. At any rate, there is a great deal of scope here.

    We all start from the assumption that it is wrong, in modern conditions—this would not be disputed—for a driver to be at the wheel too many hours, however many hours that may be. As I said in Committee, when the rules are first introduced, drivers of goods vehicles and passenger vehicles will, subject to their being at least one and a half hours off duty during the day, be able to spread their 11 hours' work over a period of 12½.

    That is not an unreasonable proposition. A 12½ hour working day is pretty long for anyone who is wise enough not to come into Parliament, where it is regarded as the normal practice. But we start from the assumption that it is reasonable to cut down to 12½ hours, and we have said that we will cut down to 11 hours subsequently when we have found out more about the situation.

    The hon. Member for Glasgow, Cathcart (Mr. Edward M. Taylor) mentioned the European Economic Community. The E.E.C. rules are still being discussed, though I understand that the length of the working day proposed is 13 hours. We say 12½. There are also a number of differences about how this is to be introduced—but we seem to be arguing about a fairly narrow point.

    As for Amendment No. 332, the working day can, under the 1960 Act, be spread over 14 hours, and the driver must have 10 continuous hours rest in every 24—starting from when he begins work. Therefore, although his number of working hours in connection with a vehicle and its load is limited to 11, there is no further limit on the length of the whole working day. One cannot accept that an extension to that would be desirable.

    Another point was whether there could be exemptions for spreadovers in certain cases. It would be unfair to mislead the House here, because it would be stupid to go through all this travail and then produce exemptions on just about everything. That would mean that one might as well not have started on the Bill. We have written into Clause 91(3) provision for exemptions. I will not define them at this stage, nor would it be fair for me to lead the House to assume that they would cover vast numbers of people. However, where there are particular problems, we will be able to consider them. The building industry is an example of an area in which the Minister could—I stress, "could"—if he wanted, in the light of representations, make exemptions.

    On public service vehicles, I do not think that the spread-over should be extended to the point of allowing men still to be driving 13 hours after they began. These people carry considerable responsibilities and I would have preferred to stick to the simple rule of a maximum 11 hour working day. I make no secret of this, because it is not desirable that such men should still be working after 13 hours. But we must accept the real problems which are caused by shortage of drivers and by the need for split shifts within the industry.

    We have had discussions on this and although, in the early stages of those consultations, the bus operators were troubled—there is no point in denying it —at the spread-over being restricted to 11½ hours, this was not an aspect which they pressed particularly strongly. The scheduling adjustments will, of course, have to be made to fit in with a 12½ hour spread-over, but there is no evidence of any insuperable obstacle to this requirement. As I Aid, the unions would be strongly opposed to any extension beyond 12½ hours. While I appreciate that the hon. Gentleman has raised some of the problems which are faced when one begins to legislate in this sphere, the Government cannot agree with the increases which are requested. We have a degree of flexibility in the power to make exemptions. One would assume that those exemptions would be made in the light of experience, but there is no point in using those exemption procedures to an extent which would make nonsense of the whole legislation.

    The Minister mentioned procedures in the construction industry. Would he allow operations which must conform to nature, such as farming and horticulture, to receive special consideration, and would he give an assurance that he will have consultations with the National Farmers' Union on many of these points?

    It is the experience on both sides of the House that consultations with the National Fanners' Union are a regular feature. The purpose of the exemption Clause is to enable us, in the light of experience, to make adjustments. A classic example is the delivery of the Christmas mail. This might give rise to an exceptional circumstance which must be coped with. Where a case can be made out—and given that this will be rare—the procedure is included for the Minister to be convinced of the difficulties.

    We intended to take this to a Division, but time is pressing. We are disenchanted with what the right hon. Gentleman has said. The principal point to emerge is the reduction of the working day and the spread-over. As the Bill stands, the reduction in the working day would be fractionally more than the reduction in driving time. I wish to put the emphasis the other way round. Had we had a 5 per cent. reduction in the working day compared with a 10 per cent. reduction in driving time, the situation would have been a lot happier.

    I appreciate the Minister's problems. To precipitate a change like this is extremely difficult and one realises that, in enforcing such a change, there is difficulty in bringing about increased productivity. I am disappointed that the Minister has not given more flexibility on the question of the working day and, on that note, we must let the matter rest.

    Amendment negatived.

    With the next Amendment, No. 343, we could take also Amendment No. 335, in page 117, line 19, leave out 'stage carriages' and insert 'public service vehicles, and Amendment No. 336, in line 19, after 'carriages', insert:

    'or a furniture removal vehicle (being a vehicle engaged in removing the household personal or office furniture belonging to a member of the public'.

    I beg to move Amendment No. 334, in page 117, line 17, to leave out from the beginning to 'be' in line 20.

    The Minister, in Committee on 25th April, made an announcement that he would make this Amendment and accordingly we do so now. The hon. Gentleman the Member for Glasgow, Cathcart (Mr. Edward M. Taylor) anticipated the debate by welcoming this Amendment.

    Since the Opposition were agreeable to Amendment No. 334, No. 335 will perhaps fall with No. 336, if I am not assuming too much. The Minister said he would make the change in two stages. The effect of this Amendment will be to apply the spreadover of 12½ hours in the working day, as at present permitted in Clause 91(3)(b) for persons driving one or more stage carriages to drivers of all kinds of vehicles to which Part VI applies.

    8.15 p.m.

    This Amendment gives effect to the Minister's intention to allow, as an interim measure, the working day for lorry drivers to spread over 12½ hours, instead of, as at present, 14 hours, so long as they are not actually on duty for more than 11 hours during that time. Reducing the working day for lorry drivers from the present limit of 14 hours to 11 hours in one step would take somewhat longer than if the change were effected in two steps because of the need to work out productivity agreements. The Amendment would enable the first stage towards the eventual full reduction to be made more quickly. Powers to modify or remove this concession by Order will be provided by Government Amendment No. 353 which seeks to amend Clause 91(11).

    The House may recall the statement to the Committee in which he proposes
    "At the second stage, these 12½ hours arrangements should cease except in the special case of stage bus operations, where there is the particular problem of carrying peak traffic at both ends of the day."—[OFFICIAL REPORT, Standing Committee F, 25th April, 1968; c. 2861.]
    He proposed to take powers to reduce the 11-hour working day itself although there are no proposals for this at the present time.

    This major Amendment makes unnecessary the two succeeding Amendments, Nos. 335 and 336. I hope the Opposition will agree that we should make the Amendment No. 334 and we can leave the other two Amendments aside.

    We are, of course, grateful to the Government for this concession and because of this Amendments No. 335 and 336 are not necessary. My hon. Friend the Member for Truro (Mr. Geoffrey Wilson) has fought solidly for that industry in Committee and the hon. Member who so ably put forward the case will be glad that the concession has been made.

    Amendment agreed to.

    I beg to move Amendment No. 337, in page 117, line 21, leave out 'equal to' and insert 'not less than'.

    This is another of the Amendments which arose out of the discussion in Committee. No doubt at any moment hon. Gentlemen are going to apologise for all the trouble they have given about the additional Amendments put down. This is put down to meet the arguments made in Committee. It is an Amendment which contains my signature as well as that of the hon. Member for Glasgow, Cathcart (Mr. Edward M. Taylor).

    It is basically a drafting Amendment and of course the conditions which we were trying to get at are satisfied if drivers are off duty for a period longer than the amount by which the period of duty exceeds 11 hours as well as if they are off duty for a period exactly equal to that amount.

    Amendment agreed to.

    I beg to move Amendment No. 342, in page 118, line 5, leave out "sixty" and insert "sixty-six".

    I will say just a few words on this matter because I know that some of my hon. Friends are anxious to take part in this debate. The Government briefly have made some major concessions so far as driving time is concerned and so far as the working day is concerned, and we are grateful. We would like to take some of the credit for this because these are our Amendments which we proposed in Committee.

    The hon. Member is now being convinced, in fact, that it was a mistake to criticise the Government for putting down these Amendments of which he is so appreciative now.

    8.30 p.m.

    Now the Minister is being foolish. While we are grateful when the Minister brings forward sensible Amendments which answer some of the points we raised in Committee, it is another thing for the Government to use the scarce time available to us to bring in new matters and material. We saw this happen earlier this week. It happened in Committee, when the scarce time we had for discussing important legislation was eaten up.

    That remark is typical of the hon. Member, both in Committee and on the Floor of the House. We have very little time in which to discuss important matters and he makes irrelevant interruptions.

    The Minister has made concessions on driving time and the working day. It seems logical that some move should now be made on the total number of hours in the working week. We have suggested 66 hours instead of 60, and we have done this after careful consultation with industry and commerce. This change is necessary for flexibility to exist and so that industry can take account of the concessions which have been made. In view of those concessions, I hope that the Government, who have admitted that our observations in Committee were in many instances valid, will accept this Amendment to add some much-needed flexibility into the proposed new system.

    I have listened with interest to the discussion of Amendments dealing with the working day and I suggest that it is important for us now to consider the working week. Some industries have already been mentioned. As my hon. Friend the Member for Glasgow, Cathcart (Mr. Edward M. Taylor) said, the construction industry is vitally important and often requires its labour force to work longer hours than other industries. To increase the hours as the Amendment. suggests would give the industry a greater degree of flexibility and enable it to take advantage of the conditions under which it must work.

    Other industries are equally important in this respect. I particularly have in mind industries whose vehicles must wait for considerable periods, usually without the drivers having to work. For example, in the livestock haulage industry, particularly in some rural areas, drivers have long waiting periods at sales at certain times of the year. The same is true of the timber trade. Much time is often devoted to loading, particularly in forestry areas. The driver is not necessarily involved in driving or working at these times—he is not engaged in any-type of fatiguing work—and the greater flexibility which the Amendment would give would be to the advantage of the industry.

    This flexibility is also vital in the retail trade. It is required particularly at holiday times, when the work of regular staff is done by others. At times of sickness and emergency this flexibility is needed to enable the retail trade to operate easily. A later Amendment—because of the Guillotine it will probably not be discussed—is concerned with the retail milk trade, an example of an industry in which flexibility is vital and for which a lengthening of the working week would enable it to cope with the emergencies that arise. I have had experience of this trade, which serves the public and does its best to get milk to the doorstep each morning. At times of sickness, holidays and emergency the flexibility which the Amendment would provide is vital.

    The Guillotine falls indiscriminately and will no doubt fall on a later Amendment which stands in my name. If I endeavoured to discuss that Amendment I would be out of order. Listening to the remarks of hon. Gentlemen opposite, and bearing in mind what was said earlier about drivers being at the wheel for 13 hours—and how it was asking too much of any man, driving or otherwise, to work that number of hours—it seems that even if my later Amendment were called I could not press it, since if hon. Gentlemen opposite had their way people would have no spare time to undertake any form of additional employment.

    After all that has been said about drivers' hours, and how we should do our best to enable drivers to live reasonable lives, I trust that this and similar Opposition Amendments will be smartly thrown out of the window.

    When drivers are working an average of 58·9 hours a week —while people in most other industries have already achieved a 40-hour week— and when the road haulage industry is obliging 40 per cent. of drivers to work more than 60 hours a week, it is fantastic that hon. Gentlemen opposite should now be claiming a 66-hour week for road haulage. This is absolutely shocking.

    At a time when drivers at Banbury, as we saw last week, are able to go on strike for a guaranteed 68-hour week, I am beginning to wonder what type of industry hon. Gentlemen opposite have in mind. The main reason for the pitifully low basic wage in the haulage industry is the very long working week. The sooner that this basic working week is reduced, the better.

    Is the hon. Gentleman aware that my hon. Friends have been referring not to the hours worked, but to the time spent sitting at the wheel, waiting in queues and so on?

    Had the hon. Gentleman listened to my remarks and read the Bill he would have appreciated the difference between working time and spread-over time. If hon. Gentlemen opposite are seriously arguing for a 66-hour week for the road haulage industry, that is nothing short of shocking.

    As my hon. Friend the Member for Nuneaton (Mr. Leslie Huckfield) has vividly pointed out, there is a major difference of opinion between the two sides which stems from a different philosophy. It is clear that the Amendment would permit a driver to be on duty for 66 hours a week instead of the proposed 60 hours. Shaftesbury must be turning in his grave. If there is to be a Division on this issue, I welcome it. Hon. Gentlemen opposite are arguing that because the new provisions allow a working day of 11 hours and prescribe one rest day a week, these perfectly reasonable hours should be 11 multiplied by six, giving a 66-hour working week.

    Division No. 196.]

    AYES

    [8.30 p.m.

    Alison, Michael (Barkston Ash)Black, Sir CyrilBullus, Sir Eric
    Allason, James (Hemel Hempstead)Blaker, PeterBurden, F. A.
    Astor, JohnBoardman, Tom (Leicester, S.W.)Campbell, Gordon
    Atkins, Humphrey (M't'n & M'd'n)Body, RichardCarr, Rt. Hn. Robert
    Awdry, DanielBoyd-Carpenter, Rt. Hn. JohnCary, Sir Robert
    Baker, Kenneth (Acton)Boyle, Rt. Hn. Sir EdwardChichester-Clark, R.
    Balniel, LordBraine, BernardClark, Henry
    Batsford, BrianBrewis, JohnClegg, Walter
    Beamish, Col. Sir TuftonBrinton, Sir TattonCooke, Robert
    Bell, RonaldBromley-Davenport, Lt.-Col. Sir WalterCooper-Key, Sir Neill
    Bennett, Sir Frederic (Torquay)Brown, Sir Edward (Bath)Corfield, F. V.
    Berry, Hn. AnthonyBruce-Gardynle, J.Costain, A. P.
    Bessell, PeterBryan, PaulCrouch, David
    Biffen, JohnBuchanan-Smith,Alick (Angus, N&M)Crowder, F. P.
    Biggs-Davison, JohnBuck, Antony (Colchester)Cunningham, Sir Knox

    They get the argument the wrong way round. We start from the other end of the argument. We start from the assumption in the Bill that 60 hours a week as a working week is not very progressive. In 1968, it seems not unreasonable to write such a provision into the Bill. As the Minister responsible for it, I find some difficulty in whipping up enthusiasm. I find myself defending, as a wild red revolutionary, the proposition that in 1968 men should be restricted to a 60-hour working week, when it is argued by the Opposition, including the hon. Member for Glasgow, Cathcart (Mr. Edward M. Taylor), who is supposedly the embodiment of modern Toryism, that it should be 66 hours a week. It is a first-rate issue on which to have a Division.

    The Minister has totally distorted what we on this side of the House say. We were not in any circumstances suggesting that men should work 66 hours, hour in and hour out. We were suggesting the flexibility which will make this legislation work. The Minister must be aware of the practical problems which are already being faced in the building industry and in milk distribution, in trying to cope with the kind of legislation which is being rushed through by the Government. This is yet another dreadful example of how this shocking and shameful shovelling through of legislation by the Government—

    lt being half-past Eight o'clock, Mr. DEPUTY SPEAKER proceeded, pursuant to Orders to put forthwith the Question already proposed from the Chair.

    Question put, That the Amendment be made:—

    The House divided: Ayes 220, Noes 245.

    Currie, G. B. H.Jenkin, Patrick (Woodford)Pym, Francis
    Dalkeith, Earl ofJohnston, Russell (Inverness)Quennell, Miss J. M.
    Dance, JamesJones, Arthur (Northants, S.)Ramsden, Rt. Hn. James
    Davidson, James(Aberdeenshire, W.)Kaberry, Sir DonaldRawlinson, Rt. Hn. Sir Peter
    Dean, Paul (Somerset, N.)Kerby, Capt. HenryRenton, Rt. Hn. Sir David
    Deedes, Rt. Hn. W. F. (Ashford)Kershaw, AnthonyRhys Williams, Sir Brandon
    Digby, Simon WingfieldKing, Evelyn (Dorset, S.)Ridley, Hn. Nicholas
    Dodds-Parker, DouglasKirk, PeterRidsdale, Julian
    Doughty, CharlesKnight, Mrs. JillRodgers, Sir John (Sevenoaks)
    Drayson, C. B.Lambton, ViscountRossi, Hugh (Hornsey)
    du Cann, Rt. Hn. EdwardLancaster, Col. C. G.Royle, Anthony
    Eden, Sir JohnLane, DavidRussell, Sir Roland
    Elliott, R. W. (N'c'tle-upon-Tyne, N.)Legge-Bourke, Sir HarrySt. John-Stevas, Norman
    Emery, PeterLewis, Kenneth (Rutland)Scott, Nicholas
    Errington, Sir EricLloyd, Rt. Hn. Geoffrey(Sut'nC'dfield)Scott-Hopkins, James
    Eyre, ReginaldLloyd, Ian (P'tsm'th, Langstone)Sharples, Richard
    Fair, JohnLloyd, Rt. Hn. Selwyn (Wirral)Shaw, Michael (Sc'b'gh & Whitby)
    Fisher, NigelLubbock, EricSilvester, Frederick
    Fletcher-Cooke, CharlesMcAdden, Sir StephenSinclair, Sir George
    Fortescue, TimMacArthur, IanSmith, Dudley (W'wick & L'mington)
    Foster, Sir JohnMaclean, Sir FitzroySmith, John (London & W'minster)
    Galbraith, Hn. T. G.Macleod, Rt. Hn. lainSpeed, Keith
    Giles, Rear-Adm. MorganMcMaster, StanleyStainton, Keith
    Gilmour, Ian (Norfolk, C.)Macmillan, Maurice (Farnham)Stodart, Anthony
    Gilmour, Sir John (Fife, E.)Maddan, MartinStoddart-Scott, Col. Sir M. (Ripon)
    Glyn, Sir RichardMaginnis, John E.Tapsell, Peter
    Godber, Rt. Hn. J. B.Marples, Rt. Hn. ErnestTaylor, Sir Charles (Eastbourne)
    Goodhart, PhilipMarten, NeilTaylor, Edward M. (G'gow, Cathcart)
    Goodhew, VictorMaude, AngusTaylor, Frank (Moss Side)
    Cower, RaymondMawby, RayTeeling, Sir William
    Grant, AnthonyMills, Peter (Torrington)Temple, John M.
    Gresham Cooke, R.Mills, Stratton (Belfast, N.)Thatcher, Mrs. Margaret
    Grieve, PercyMiscampbell, NormanThorpe, Rt. Hn. Jeremy
    Grimond, Rt. Hn. J.Mitchell, David (Basingstoke)Turton, Rt. Hn. R. H.
    Gurden, HaroldMonro, HectorVan Straubenzee, W. R.
    Hall, John (Wycombe)Montgomery, FergusVaughan-Morgan, Rt. Hn. Sir John
    Hall-Davis, A. G. F.More, JasperVickers, Dame Joan
    Hamilton, Michael (Salisbury)Morrison, Charles (Devizes)Wainwright, Richard (Colne Valley)
    Harris, Frederic (Croydon, N.W.)Mott-Radclyffe, Sir CharlesWalker, Peter (Worcester)
    Harrison, Brian (Maldon)Munro-Lucas-Tooth, Sir HughWalker-Smith, Rt. Hn. Sir Derek
    Harrison, Col. Sir Harwood (Eye)Murton, OscarWall, Patrick
    Harvey, Sir Arthur VereNeave, AireyWalters, Dennis
    Harvie Anderson, MissNoble, Rt. Hn. MichaelWebster, David
    Hawkins, PaulNott, JohnWells, John (Maidstone)
    Hay, JohnOnslow, CranleyWhitelaw, Rt. Hn. William
    Heald, Rt. Hn. Sir LionelOrr, Capt. L. P. S.Williams, Donald (Dudley)
    Heath, Rt. Hn. EdwardOrr-Ewing, Sir IanWills, Sir Gerald (Bridgwater)
    Heseltine, MichaelPage, Graham (Crosby)Wilson, Geoffrey (Truro)
    Higgins, Terence L.Page, John (Harrow, W.)Winstanley, Dr. M. P.
    Hiley, JosephPardoe, JohnWolrige-Gordon, Patrick
    Mill, J.E. B.Pearson, Sir Frank (Clitheroe)Wood, Rt. Hn. Richard
    Holland, PhilipPeel, JohnWoodnutt, Mark
    Hooson, EmlynPercival, IanWorsley, Marcus
    Hordern, PeterPeyton, JohnWylie, N. R.
    Hornby, RichardPike, Miss MervynYounger, Hn. George
    Howell, David (Guildford)Pink, R. Bonner
    Hunt, JohnPounder, RaftonTELLERS FOR THE AYES:
    Hutchison, Michael ClarkPowell, Rt. Hn. J. EnochMr. Timothy Kitson and
    Iremonger, T. L.Price, David (Eastleigh)Mr. Bernard Weatherill.
    Irvine, Bryant Godman (Rye)Prior, J. M. L.

    NOES

    Abse, LeoBradley, TomCrawshaw, Richard
    Albu, AustenBrooks, EdwinCronin, John
    Allaun, Frank (Salford, E.)Broughton, Dr. A. D. D.Cullen, Mrs. Alice
    Alldritt, WalterBrown, Hugh D. (G'gow, Provan)Dalyell, Tarn
    Allen, ScholefieldBrown, Bob (N'c'tle-upon-Tyne, W.)Davidson, Arthur (Accrington)
    Archer, PeterBrown, R. W. (Shoreditch & F'bury)Davies, Ednyfed Hudson (Conway)
    Armstrong, ErnestBuchan, NormanDavies, G. Elfed (Rhondda, E.)
    Atkins, Ronald (Preston, N.)Buchanan, Richard (G'gow, Sp'burn)Davies, Dr. Ernest (Stretford)
    Bacon, Rt. Hn. AliceButler, Herbert (Hackney, C.)Davies, Harold (Leek)
    Bagier, Gordon A. T.Butler, Mrs. Joyce (Wood Green)Davies, Ifor (Cower)
    Barnes, MichaelCallaghan, Rt. Hn. JamesDavies, S. O. (Merthyr)
    Bence, CyrilCant, R. B.de Freitas, Rt. Hn. Sir Geoffrey
    Bennett, James (G'gow, Bridgeton)Carmichael, NeilDelargy, Hugh
    Binns, JohnCarter-Jones, LewisDell, Edmund
    Bishop, E. S.Castle, Rt. Hn. BarbaraDempsey, James
    Blackburn, F.Chapman, DonaldDewar, Donald
    Blenkinsop, ArthurCoe, DenisDiamond, Rt. Hn. John
    Boardman, H. (Leigh)Coleman, DonaldDickens, James
    Booth, AlbertConcannon, J. D.Dobson, Ray
    Boyden, JamesCorbet, Mrs. FredaDoig, Peter
    Braddock, Mrs. E. M.Craddock, George (Bradford, S.)Driberg, Tom

    Dunn, James A.Kerr, Mrs. Anne (R'ter & Chatham)Prentice, Rt. Hn. R. E.
    Dunwoody, Mrs. Gwyneth (Exeter)Lawson, GeorgePrice, Thomas (Westhoughton)
    Dunwoody, Dr. John (F'th & C'b'e)Ledger, RonProbert, Arthur
    Eadie, AlexLee, John (Reading)Randall, Harry
    Edelman, MauriceLestor, Miss JoanRankin, John
    Edwards, Robert (Bilston)Lever, Harold (Cheetham)Rees, Merlyn
    Edwards, William (Merioneth)Lewis, Ron (Carlisle)Reynolds, G. W.
    Ellis, JohnLomas, KennethRhodes, Geoffrey
    Ennals, DavidLoughlin, CharlesRichard, Ivor
    Ensor, DavidLyon, Alexander W. (York)Robertson, John (Paisley)
    Evans, Albert (Islington, S.W.)Lyons, Edward (Bradford, E.)Robinson, Rt. Hn. Kenneth (St.P'c'as)
    Evans, loan L. (Birm'h'm, Yardley)Mabon, Dr. J. DicksonRobinson, W. O. J. (Walth'stow, E.)
    Faulds, AndrewMcBride, NeilRodgers, William (Stockton)
    Fitch, Alan (Wigan)McCann, JohnRoebuck, Roy
    Fletcher, Ted (Darlington)MacColl, JamesRose, Paul
    Foley, MauriceMacDermot, NiallRoss, Rt. Hn. William
    Forrester, JohnMacdonald, A. H.Shaw, Arnold (llford, S.)
    Fowler, GerryMcGuire, MichaelShinwell, Rt. Hn. E.
    Fraser, John (Norwood)McKay, Mrs. MargaretShore, Rt. Hn. Peter (Stepney)
    Freeson, ReginaldMackenzie, Gregor (Rutherglen)Short, Rt. Hn. Edward (N'c'tle-u-Tyne)
    Galpern, Sir MyerMackintosh, John P.Silkin, Rt. Hn. John (Deptford)
    Gardner, TonyMaclennan, RobertSilkin, Hn. S. C. (Dulwich)
    Gray, Dr. Hugh (Yarmouth)McNamara, J. KevinSilverman, Julius (Aston)
    Greenwood, Rt. Hn. AnthonyMacPherson, MalcolmSlater, Joseph
    Gregory, ArnoldMahon, Simon (Bootle)Small, William
    Grey, Charles (Durham)Mallalieu, E. L. (Brigg)Snow, Julian
    Griffiths, David (Rother Valley)Mallalieu, J. P. w. (Huddersfield. E.)Spriggs, Leslie
    Griffiths, Rt. Hn. James (Llanelly)Manuel, ArchieStewart, Rt. Hn. Michael
    Gunter, Rt. Hn. R. J.Marks, KennethStonehouse, John
    Hamling, WilliamMarquand, DavidStrauss, Rt. Hn. G. R.
    Hannan, WilliamMarsh, Rt. Hn. RichardSummerskill, Hn. Dr. Shirley
    Harper, JosephMason, Rt. Hn. RoySwain, Thomas
    Harrison, Walter (Wakefield)Mayhew, ChristopherSwingler, Stephen
    Haseldine, NormanMendelson, J. J.Symonds, J. B.
    Hazell, BertMikardo, IanTaverne, Dick
    Healey, Rt. Hn. DenisMillan, BruceThomas, Rt. Hn. George
    Henig, StanleyMiller, Dr. M. S.Thomson, Rt. Hn. George
    Hobden, Dennis (Brighton, K'town)Milne, Edward (Blyth)Tinn, James
    Houghton, Rt. Hn. DouglasMitchell, R. C. (S'th'pton, Test)Tomney, Frank
    Howarth, Harry (Wellingborough)Morgan, Elystan (Cardiganshire)Urwin, T. W.
    Howarth, Robert (Bolton, E.)Morris, Alfred (Wythenshawe)Varley, Eric G.
    Howie, W.Morris, Charles R. (Openshaw)Walden, Brian (All Saints)
    Hoy, JamesMorris, John (Aberavon)Walker, Harold (Doncaster)
    Huckfield, LeslieMoyle, RolandWatkins, David (Consett)
    Hughes, Rt. Hn. Cledwyn (Anglesey)Neal, HaroldWatkins, Tudor (Brecon & Radnor)
    Hughes, Emrys (Ayrshire, S.)Newens, StanWellbeloved, James
    Hughes, Hector (Aberdeen, N.)Noel-Baker, Rt. Hn. Philip (Derby, S.)Whitlock, William
    Hughes, Roy (Newport)Norwood, ChristopherWilliams, Alan (Swansea, W.)
    Hunter, AdamOgden, EricWilliams, Alan Lee (Hornchurch)
    Hynd, JohnO'Malley, BrianWilliams, Clifford (Abertillery)
    Irvine, Sir Arthur (Edge Hill)Orme, StanleyWilliams, Mrs. Shirley (Hitchin)
    Jackson, Colin (B'h'se & Spenb'gh)Oswald, ThomasWillis, Rt. Hn. George
    Jackson, Peter M, (High Peak)Owen, Dr. David (Plymouth, S'tn)Wilson, William (Coventry, S.)
    Janner, Sir BarnettOwen, Will (Morpeth)Winnick, David
    Jay, Rt. Hn. DouglasPalmer, ArthurWoodburn, Rt. Hn. A.
    Jenkins, Hugh (Putney)Park, TrevorWoof, Robert
    Johnson, Carol (Lewisham, S.)Parker, John (Dagenham)Wyatt, Woodrow
    Jones, Dan (Burnley)Parkyn, Brian (Bedford)Yates, Victor
    Jones, Rt. Hn. Sir Elwyn(W.Ham, S.)Pearson, Arthur (Pontypridd)
    Jones, J. Idwal (Wrexham)Peart, Rt. Hn. FredTELLERS FOR THE NOES:
    Jones, T. Alec (Rhondda, West)Pentland, NormanMr. Harry Gourlay and
    Judd, FrankPerry, George H. (Nottingham, S.) Mr. Ernest G. Perry.

    Mr. DEPUTY SPEAKER then proceeded, pursuant to Orders, to put forthwith the Questions on the Amendments, moved by a member of the Government, of which notice had been given, to that part of the Bill to be concluded at half-past Eight o'clock.

    Amendments made: No. 343, in page 118, line 6, leave out from 'hours' to end of line 13 and insert:

    (5A) Subject to the provisions of this section, there shall be, in the case of each working week of a driver, a period of not less than twenty-four hours for which he is off duty, being a period either falling wholly in that week or beginning in that week and ending in the next week; but—
  • (a) where the requirements of the foregoing provisions of this subsection have been satisfied in the case of any week by reference to a period ending in the next week, no part of that period (except any part after the expiration of the first twenty-four hours of it) shall be taken into account for the purpose of satisfying those requirements in the case of the next week; and
  • (b) those requirements need not be satisfied in the case of any working week of a driver who on each working day falling wholly or partly in that week drives one or more stage carriages if those requirements are satisfied in the case of the preceding or following working week of that driver, being a week in which he drives one or more such carriages on each working day falling wholly or partly in that week.
  • No. 346, in line 38, leave out 'in exceptional circumstances' and insert:

    ' otherwise to meet a special need '.

    No. 347, in line 41, leave out ' (5)' and insert ' (5A) '.

    No. 348, in page 119, line 15, after ' may ' insert:

    " enable any dispensation under paragraph (b)(i) of this subsection to be granted retrospectively and '.

    No. 349, in line 19, leave out '(5)' and insert ' (5A) '.

    No. 350, in line 29, after ' court' insert '(i)'.

    No. 351, in line 32, at end insert:

    'or
    (ii) in the case of a person charged under paragraph (b) of this subsection, that the contravention was due to the fact that the driver had for any particular period or periods driven or been on duty otherwise than in the employment of that person or, as the case may be, otherwise than in the employment in which he is subject to the orders of that person, and that the person charged was not, and could not reasonably have become, aware of that fact'.

    No. 353, in line 36, leave out from beginning to ' and ' in line 42 and insert:

    ( a) direct that subsection (1) of this section shall have effect with the substitution for the reference to ten hours of a reference to nine hours;

    Division No. 197.]

    AYES

    [8.40 p.m.

    Abse, LeoCarmichael, NellDunwoody, Dr. John (F'th & C'b'e)
    Albu, AustenCarter-Jones, LewisEadle, Alex
    Allaun, Frank (Salford, E.)Castle, Rt. Hn. BarbaraEdelman, Maurioe
    Alldritt, WalterChapman, DonaldEdwards, Robert (Biston)
    Allen, ScholefieldCoe, DenisEdwards, William (Merioneth)
    Archer, PeterColeman, DonaldEllis, John
    Armstrong, ErnestConcannon, J. D.Ennals, David
    Atkins, Ronald (Preston, N.)Corbet, Mrs. FredaEnsor, David
    Bacon, Rt. Hn. AliceCraddock, George (Bradford, S.)Evans, Albert (Islington, 8.W.)
    Bagier, Gordon A. T.Crawshaw, RichardEvans, loan L. (Birm'h'm, Yardley)
    Barness, MichaelCronin, JohnFaulds, Andrew
    Bence, CyrilCullen, Mrs. AliceFletcher, Ted (Darlington)
    Bennett, James (G'gow, Bridgeton)Dalyell, TamFoley, Maurice
    Bishop, E. S. Davidson, Arthur (Accrington)Forrester, John
    Blackburn, F.Davies, Ednyfed Hudson (Conway) Fowler, Gerry
    Blenkinsop, ArthurDavies, G. Elfed (Rhondda, E.)Fraser, John (Norwood)
    Boardman, H. (Leigh) Davies, Dr. Ernest (Strertord)Freeson, Reginald
    Booth, AlbertDavies, Harold (Leek)Galpern, Sir Myer
    Boydsn, JamesDavies, Ifor (Gower)Gardner, Tony
    Braddock, Mrs. E. M. Davies, S. O. (Merthyr)Gourlay, Harry
    Bradley, Tomde Freitas, Rt. Hn. Sir GeoffreyGray, Dr. Hugh (Yarmouth)
    Brooks, EdwinDelargy, HughGreenwood, Rt. Hn. Anthony
    Broughton, Dr. A. D. D.Dell, EdmundGregory, Arnold
    Brown, Hugh D. (G'gow, Provan)Dempsey, JamesGrey, Charles (Durham)
    Brown, Bob(N'c'tle-upon-Tyne, W.)Dewar, DonaldGriffiths, David (Rother Valley)
    Brown, R. W (Shoreditch & F'bury)Diamond, Rt. Hn. JohnGriffiths, Rt. Hn. James (Llanelly)
    Buchan, NormanDickens, JamesGunter, Rt. Hn. R. J.
    Buchanan, Richard (G'gow, Sp'burn)Doig, PeterHamling, William
    Butler, Herbert (Hackney, C.)Driberg, TomHannan, William
    Butler, Mrs. Joyce (Wood Green)Dunn, James A.Harper, Joseph
    Callaghan, Rt. Hn. JamesDunnett, JackHarrison, Walter (Wakefield)
    Cant, R. B.Dunwoody, Mrs. Gwyneth (Exeter)Haseldine, Norman

    ( b) direct that paragraph ( a) of subsection (3) of this section shall have effect with the substitution for the reference to eleven hours of a reference to any shorter period, or remove, modify or add to the provisions of that subsection containing exceptions to the said paragraph ( a);

    ( c) remove, modify or add to any of the requirements of subsection (2), (4), (5) or (5A) of this section or any of the exemptions provided for by subsections (6), (7) and (8) thereof.

    No. 355, in line 44, at end insert * including provisions amending any definition in section 98 of this Act which is relevant to any of the provisions affected by the order '.—[ Mr. Marsh. ]

    Clause 92

    INSTALLATION AND OPERATION OF RECORDING EQUIPMENT IN VEHICLES

    Amendment proposed: No. 363, in page 120, line 39, at end insert:

    (4A) The owner of any vehicle in which equipment is installed for the purposes of this section shall preserve for the prescribed period any record produced by means of the equipment; and any person who fails to comply with this subsection shall be liable on summary conviction to a fine not exceeding £100. —[Mr. Marsh. ]

    Question put, That the Amendment be made: —

    The House divided: Ayes 240, Noes 222.

    Hazell, BertMacPherson, MalcolmRobinson, Rt. Hn. Kenneth(St.P'c'as)
    Healey, Rt. Hn. DenisMahon, Simon (Bootle)Robinson, W. O. J. (Walth'stow, E.)
    Henig, StanleyMallalieu, E. L. (Brigg)Rodgers, William (Stockton)
    Hobden, Dennis (Brighton, K'town) Mallalieu, J. P. W. (Huddersfield, E.) Roebuck, Roy
    Houghton, Rt. Hn. DouglasManuel, ArchieRose, Paul
    Howarth, Harry (Wellingborough)Marks, KennethRoss, Rt. Hn. William
    Howarth, Robert (Bolton, E.)Marquand, DavidShaw, Arnold (llford, S.)
    Howie, W.Marsh, Rt. Hn. RichardShinwell, Rt. Hn. E.
    Hoy, JamesMason, Rt. Hn. RoyShore, Rt. Hn. Peter (Stepney)
    Huckfield, LeslieMayhew, ChristopherShort, Rt. Hn. Edward(N'c'tle-u-Tyne)
    Hughes, Rt. Hn. Cledwyn (Anglesey) Mendelson, J. J.Silkin, Rt. Hn. John (Deptford)
    Hughes, Emrys (Ayrshire, S.)Mikardo, IanSilkin, Hn. S. C. (Dulwich)
    Hughes, Hector (Aberdeen, N.)Millan, BruceSilverman, Julius (Aston)
    Hughes, Roy (Newport)Miller, Dr. M. S.Slater, Joseph
    Hunter, AdamMilne, Edward (Blyth)Small, William
    Irvine, Sir Arthur (Edge Hill)Mitchell, R. C. (S'th'pton, Test)Snow, Julian
    Jackson, Colin (B'h'se & Spenb'gh)Morgan, Elystan (Cardiganshire)Spriggs, Leslie
    Jackson, Peter M. (High Peak)Morris, Alfred (Wythenshawe)Stewart, Rt. Hn. Michael
    Janner, Sir BarnettMorris, Charles R. (Openshaw)Stonehouse, John
    Jay, Rt. Hn. DouglasMorris, John (Aberavon)Strauss, Rt. Hn. G. R.
    Jenkins, Hugh (Putney)Moyle, RolandSummerskill, Hn. Dr. Shirley
    Johnson, Carol (Lewisham, S.)Neal, HaroldSwain, Thomas
    Johnson, James (K'ston-on-Hull, W.)Newens, StanSwingler, Stephen
    Jones, Dan (Burnley)Noel-Baker, Rt. Hn. Philip (Derby, S.) Symonds, J. B.
    Jones, J. Idwal (Wrexham)Norwood, ChristopherTaverne, Dick
    Jones, T. Alec (Rhondda, West)Ogden, EricThomas, Rt. Hn. George
    Judd, FrankO'Malley, BrianThomson, Rt. Hn. George
    Kerr, Mrs. Anne (R'ter & Chatham)Orme, StanleyTinn, James
    Lawson, GeorgeOswald, ThomasUrwin, T. W.
    Ledger, RonOwen, Dr. David (Plymouth, S'tn)Varley, Eric G.
    Lee, John (Reading)Owen, Will (Morpeth)Walker, Harold (Doncaster)
    Lestor, Miss JoanPalmer, ArthurWatkins, David (Consett)
    Lever, Harold (Cheetham)Park, TrevorWatkins, Tudor (Brecon & Radnor)
    Lewis, Ron (Carlisle)Parker, John (Dagenham)Wellbeloved, James
    Lomas, KennethParkyn, Brian (Bedford)Whitlock, William
    Loughlin, CharlesPearson, Arthur (Pontypridd)Williams, Alan (Swansea, W.)
    Lyon, Alexander W. (York)Peart, Rt. Hn. FredWilliams, Alan Lee (Hornchurch)
    Lyons, Edward (Bradford, E.)Pentland, NormanWilliams, Clifford (Abertillery)
    Mabon, Dr. J. DicksonPerry, George H. (Nottingham, S.) Williams, Mrs. Shirley (Hitchin)
    McBride, NeilPrentice, Rt. Hn. R. E.Willis, Rt. Hn. George
    McCann, JohnPrice, Thomas (Westhoughton)Wilson, William (Coventry, s.)
    MacColl, JamesProbert, ArthurWinnick, David
    MacDermot, NiallRandall, HarryWoodburn, Rt. Hn. A.
    Macdonald, A. H.Rankin, JohnWoof, Robert
    McGuire, MichaelRees, MerlynWright, Esmond
    McKay, Mrs. MargaretReynolds, G. W.Yates, Victor
    Mackenzie, Gregor (Rutherglen)Rhodes, Geoffrey
    Mackintosh, John P.Richard, IvorTELLERS FOR THE AYES:
    Maclennan, RobertRobertson, John (Paisley)Mr. Alan Fitch and
    Mr. Ernest G. Perry.

    NOES

    Alison, Michael (Barkston Ash)Burden, F. A.Fletcher-Cooke, Charles
    Allason, James (Hemel Hempstead)Campbell, CordonFortescue, Tim
    Astor, JohnCarr, Rt. Hn. RobertFoster, Sir John
    Atkins, Humphrey (M't'n & M'd'n)Cary, Sir RobertGalbraith, Hn. T. G.
    Awdry, DanielChichester-Clark, R.Giles, Rear-Adm. Morgan
    Baker, Kenneth (Acton)Clark, HenryGlimour, Ian (Norfolk, C.)
    Balnfiel, LordClegg, WalterGilmour, Sir John (Fife, E.)
    Batsford, BrianCooke, RobertGlyn, Sir Richard
    Beamish, Col. Sir TuftonCooper-Key, Sir NeillGodber, Rt. Hn. J. B.
    Bell, RonaldCorfield, F. V.Goodhart, Philip
    Bennett, Sir Frederic (Torquay)Costain, A. P.Goodhew, Victor
    Berry, Hn. AnthonyCrouch, DavidCower, Raymond
    Bessell, PeterCrowder, F. P.Grant, Anthony
    Biffen, JohnCunningham, Sir KnoxGresham Cooke, R.
    Biggs-Davison, JohnCurrie, G. B. H.Grieve, Percy
    Black, Sir CyrilDaikeith, Earl 0fGrimond, Rt. Hn. J.
    Blaker, PeterDance, JamesGurden, Harold
    Boardman, Tom (Leicester, S.W.)Davidson, James(Aberdeenshire, W.) Hall, John (Wycombe)
    Body, RichardDean, Paul (Somerset, N.)Hall-Davis, A. G. F.
    Boyd-Carpenter, Rt. Hn. JohnDeedes, Rt. Hn. W. F. (Asriford) Hamilton, Michael (Salisbury)
    Boyle, Rt. Hn. Sir EdwardDigby, Simon WingfieldHarris, Frederic (Croydon, N.W.)
    Braine, BernardDodds-Parker, DouglasHarrison, Brian (Maldon)
    Brewis, JohnDoughty, CharlesHarrison, Col. Sir Harwood (Eye)
    Brinton, Sir TattonDrayson, G. B.Harvey, Sir Arthur Vere
    Bromley-Davenport, Lt.-Col. SirWalterdu Cann, Rt. Hn. EdwardHarvie Anderson, Miss
    Brown, Sir Edward (Bath)Eden, Sir JohnHastings, Stephen
    Bruce-Gardyne, J.Elliott, R.W. (N'c'tle-upon-Tyne, N.) Hawkins, Paul
    Bryan, PaulEmery, PeterHay, John
    Buchanan-Smith, Alick(Angus, N & M)Errington, Sir EricHeald, Rt. Hn. Sir Lionel
    Buck, Antony (Colchester)Farr, JohnHeath, Rt. Hn. Edward
    Bullus, Sir EricFisher, NigelHeseltine, Michael

    Higgins, Terence L.Mills, Stratton (Belfast, N.)Sharples, Richard
    Hiley, JosephMiscampbell, NormanShaw, Michael (Sc'b'gh & Whitby)
    Hill, J. E. B.Mitchell, David (Basingstoke)Silvester, Frederick
    Holland, PhilipMonro, HectorSinclair, Sir George
    Hooson, EmlynMontgomery, FergusSmith, Dudley (W'wick & L'mington)
    Hordern, PeterMore, JasperSmith, John (London & W'minster)
    Hornby, RichardMorrison, Charles (Devizes)Speed, Keith
    Howell, David (Guildford)Mott-Radclyffe, Sir CharlesStainton, Keith
    Hunt, JohnMunro-Lucas-Tooth, Sir HughStodart, Anthony
    Hutchison, Michael ClarkMurton, OscarStoddart-Scott, Col. Sir M. (Ripon)
    Iremonger, V. L.Neave, AireyTapsell, Peter
    Irvine, Bryant Godman (Rye)Noble, Rt. Hn. MichaelTaylor, Sir Charles (Eastbourne)
    Jenkin, Patrick (Woodford)Nott, JohnTaylor, Edward M. (G'gow, Cathcart)
    Johnston, Russell (Inverness)Onslow, CranleyTaylor, Frank (Moss Side)
    Jones, Arthur (Northants, S.)Orr, Capt. L. P. S.Teeling, Sir William
    Kaberry, Sir DonaldOrr-Ewing, Sir IanTemple, John M.
    Kerby, Capt. HenryPage, Graham (Crosby)Thatcher, Mrs. Margaret
    Kershaw, AnthonyPage, John (Harrow, W.)Thorpe, Rt. Hn. Jeremy
    Kimball, MarcusPardoe, JohnTurton, Rt. Hn. R. H.
    King, Evelyn (Dorset, S.)Pearson, Sir Frank (Clitheroe)van Straubenzee, W. R.
    Kirk, PeterPeel, JohnVaughan-Morgan, Rt. Hn. Sir John
    Knight, Mrs. JillPercival, IanVickers, Dame Joan
    Lambton, ViscountPeyton, JohnWainwright, Richard (Colne Valley)
    Lancaster, Col. C. G.Pike, Miss MervynWalker, Peter (Worcester)
    Lane, DavidPink, R. BonnerWalker-Smith, Rt. Hn. Sir Derek
    Legge-Bourke, Sir HarryPounder, RaftonWall, Patrick
    Lewis, Kenneth (Rutland)Powell, Rt. Hn. J. EnochWalters, Dennis
    Lloyd, Rt.Hn.Geoffrey(Sut'nC'dfield) Price, David (Eastleigh)Weatherill, Bernard
    Lloyd, Ian (P'tsm'th, Langstone)prior, J. M. L.Webster, David
    Lloyd, Rt. Hn. Selwyn (Wirral)Pym, FrancisWells, John (Maidstone)
    Lubbock, EricQuennell, Miss J. M.Whitelaw, Rt. Hn. William
    McAdden, Sir StephenRamsden, Rt. Hn. JamesWilliams, Donald (Dudley)
    MacArttiur, IanRawlinson, Rt. Hn. Sir PeterWills, Sir Gerald (Bridgwater)
    Maclean, Sir FitzroyRenton, Rt. Hn. Sir DavidWilson, Geoffrey (Truro)
    Macleod, Rt. Hn. lainRhys Williams, 8ir BrandonWinstanley, Dr. M. P.
    McMaster, StanleyRidley, Hn. NicholasWolrige-Gordon, Patrick
    Macmillan, Maurice (Farnham)Ridsdale, JulianWood, Rt. Hn. Richard
    Maddan, MartinRodgers, Sir John (Sevenoaks)Woodnutt, Mark
    Maginnis, John E.Rossi, Hugh (Hornsey)Worsley, Marcus
    Marples, Rt. Hn. ErnestRoyle, AnthonyWylie, N. R.
    Marten, NeilRussell, Sir RolandYounger, Hn. George
    Maude, AngjsSt. John-Stevas, Norman
    Mawby, RayScott, NicholasTELLERS FOR THE NOES:
    Mills, Peter (Torrington)Scott-Hopkins, JamesMr. Timothy Kitson and
    Mr. Reginald Eyre.

    Clause 93

    WRITTEN RECORDS

    Amendments made: No. 366, in page 121, leave out lines 1 to 21 and insert:

  • (1) The Minister may make regulations—
  • (a) for requiring drivers to keep such books as may be specified in the regulations and to make in them entries with respect to such matters relevant to the enforcement of this Part of this Act as may be so specified; and
  • (b) for requiring owner-drivers and the employers of employee-drivers to maintain such registers as may be so specified with respect to any such books as aforesaid which are in their possession or in that of any employee-drivers in their employment.
  • (2) Regulations under this section may contain such supplementary and incidental provisions as the Minister thinks necessary or expedient, including in particular provisions—.
  • No. 369, in page 121, line 22, leave out ' such books ' and insert:

    ' books and registers required for the purposes of the regulations'.

    No. 370, in page 121, line 28, at end insert:

    (d) as to the issue by and return to the employers of employee-drivers of books required to be kept by the latter for the purposes of the regulations.

    No. 371, in page 121, line 30, leave out ' subsection (1) of this section ' and insert ' the regulations'.

    No. 372, in page 121, line 31, after ' vehicle ' insert:

    'as to the preservation of any books and registers used for those purposes'.

    No. 373, in page 121, line 32, leave out from ' which' to ' are' in line 33 and insert ' those books and registers'.

    No. 374, in page 121, line 34, leave out subsection (4) and insert:

    (e) for exemptions from all or any of the requirements of the regulations in respect of drivers of small goods vehicles as defined in section 98(5) of this Act and for other exemptions from all or any of those requirements.

    No. 375, in page 122, line 1, leave out ' by or'.

    No. 376, in page 122, line 8, leave out from second 'of to ' or' in line 10 and insert:

    ' regulations made under this section'.

    No. 377, in page 122, line 16, at end insert:

    'but a person shall not be liable to be convicted under this subsection on the ground that he has permitted another person to contravene any of those provisions if he proves to the court that he has taken reasonable steps to bring the requirements of that provision to the notice of that person and has from time to time taken reasonable steps to secure that that person is complying with those requirements'.

    No. 378, in page 122, line 18, leave out 'subsection (1) of' and insert 'regulations under'.—[ Mr. Marsh.]

    Clause 94

    PRESERVATION AND INSPECTION OF RECORDS AND OTHER DOCUMENTS

    Amendments made: No. 380, in page 122, line 21, leave out subsection (1).

    No. 332, in page 122, line 34, leave out first 'or' and insert 'regulations'.

    No. 383, in page 122, line 36, leave out 'that section' and insert 'those regulations'.

    No. 384, in page 122, line 37, leave out 'that section' and insert 'those regulations'.

    No. 385, in page 122, line 40, leave out '(1) of this section' and insert:

    '(4A) of section 92 of this Act or regulations under section 93 thereof.—[Mr. Marsh.]

    No. 388, in page 123, line 28, leave out from 'with' to 'or' in line 29 and insert:

    'any requirement under subsection (2) of this section'

    No. 389, in page 123, line 35, leave out 'subsection (1) of this section' and insert 'section 92 of this Act'.

    No. 390, in page 123, line 36, leave out 'such as is there mentioned ' and insert:

    'kept for the purposes of regulations under section 93 thereof.—[Mr. Marsh.]

    Clause 97

    APPLICATION TO THE CROWN AND APPLICATIONS TO THE CROWN AND EXEMPTIONS FOR POLICE

    Amendments made: No. 393, in page 126, line 16, after ' police ', insert ' or fire brigade'.

    No. 394, in page 126, line 17, at end insert:

    'agriculture' has the meaning assigned by section 109(3) of the Agriculture Act 1947 or, in relation to Scotland, section 86(3) of the Agriculture (Scotland) Act 1948;—[Mr. Marsh.]

    Clause 98

    INTERPRETATION, SUPPLEMENTARY PROVISIONS, ETC. FOR PART VI

    Amendments made: No. 397, in page 127, line 32, leave out '93(4)' and insert '93(2)( e)'.

    No. 398, in page 127, line 40, leave out 'lesser' and insert 'other'.

    No. 399, in page 127, line 43, leave out 'lesser' and insert 'other'.—[ Mr. Marsh.]

    Clause 100

    MAINTENANCE OF THE BOARD'S WATERWAYS

    I beg to move Amendment No. 400, in page 129, line 13, leave out ' pleasure' and insert 'cruising'.

    The Amendment was originally proposed by the hon. Member for South-gate (Mr. Berry). He suggested that "pleasure craft" had a different meaning in other enactments relating to inland waterways. He mentioned punts, dinghies, rowing boats, and so on, and said that it would be confusing to use the expression in a different sense in the Bill. I said that the expression was defined in the Bill and felt there was no fundamental reason for the suggested change.

    However, I have given further consideration to the point, and my right hon. Friend the Minister has agreed that the point raised by the hon. Member has some validity. The term will also accord more happily with the expression "cruising waterways" and, on balance, the Government have decided it would be reasonable to make this Amendment. I thank the hon. Gentleman for having raised it in the first place.

    I am very surprised at the Government even going on with the Bill now that their majority has crumbled to 18. To avoid further votes, they are now accepting all our Amendments.

    I am grateful to the Parliamentary Secretary for drawing attention to the fact that I proposed an identical Amendment in Committee, and tried to explain the legal aspects. I did not convince the hon. Gentleman then, but I have since. Despite my powerful plea for the Amendment, the Minister of State said at the top of column 3028 of the OFFICIAL REPORT of the Committee proceedings:
    "It is in the Bill."
    He said two-thirds of the way down:
    "It is in the Bill."
    And in the last line he said:
    "The definition is in the Bill."—[OFFICIAL REPORT, Standing Committee F, 1st May, 1968; c. 3028.]
    That must come very near to tedious repetition. However, it was not in the Bill, but as soon as I sit down it will be, and so I thank the Minister for proposing the; Amendment.

    Amendment agreed to.

    I beg to move Amendment No. 401, in page 129, line 16, leave out subsection (2).

    One hopes that with this Amendment and its predecessor, now that we have arrived at Part VII, we have come to rather more tranquil territory.

    The Amendment moved—

    The Amendment moved so eloquently by my hon. Friend the Member for Bodmin (Mr. Bessell) is to leave out subsection (2). Those millions of people who have an interest in our inland waterways, whether by sailing on them, fishing in them or walking by them, have been disturbed a little by the possible implications of the subsection. During the past 12 months people concerned with waterways have gained some reassurance from some of the statements of the Ministry of Transport. The recently appointed advisory committee is reassuring. Many statements about waterways have allayed anxieties about the Government's possible intentions over waterways. But with the publication of the Bill there has been much anxiety about the precise intentions. Many people have thought that the Government might intend by the subsection to deny to the general public in respect of waterways the rights of passage, safety and remedies through the courts which are available to road users. It is to provide for that anxiety that we have moved the Amendment. The subsection which it would delete seeks to remove from the Ministry of Transport a responsibility which has been carried by the Government, since the Regulation of Railways Act, 1873, to maintain waterways.

    Section 17,
    "Maintenance of canals by railway companies,"
    says:
    "Every railway company owning or having the management of any canal or part of a canal shall at all times keep and maintain such canal or part, and all the reservoirs, works, and conveniences thereto belonging, thoroughly repaired and dredged and in good working condition, and shall preserve the supplies of water of the same so that the whole of such canal or part may be at all times kept open and navigable for the use of persons desirous to use and navigate the same without any unnecessary hindrance, interruption or delay."
    That comprehensive right was later supported in the Transport Act 1962. It is from those responsibilities it appears the Minister may be seeking to escape.

    9.0 p.m.

    It is right to make clear at once that no enthusiast for the inland waterways would wish to say to the Government that they must in all circumstances preserve all inland waterways for all time, but what we do say is that it is reasonable to preserve the right in respect of any intended closure to have public hearings and to have access to the courts. It is not the point of our Amendment to stop all possible closures in future, but we want to stop closures taking place without the ancient right; we do not want that ancient right to be abolished.

    The closure of a canal or inland waterway is not a light matter. It is important to stress that we are not faced with an option merely of preserving or of doing away with an inland waterway, because we cannot merely leave an inland waterway to go into disuse, for that constitutes a danger; it constitutes dangers in many ways, and money is involved in either case. There is certainly money involved in putting a disused waterway back into a navigable, decent, safe condition, but there is also money involved in closing a waterway. The Government are not in a position to say "We will not maintain this waterway and therefore we abandon it and let it rot", for then it will become a danger. If they are deciding to abandon a waterway they must take certain positive steps for its closure.

    The implications of a closure are very considerable, and not merely for the leisure users, not merely for those who wish to sail boats. We have to remember that drainage and irrigation often depend on inland waterways. I shall not detain the House by depicting all the advantages of waterways, but they have immense values for commerce as well as for leisure. Then apart from their recreational value, there is the obvious wisdom of attracting people from the roads on to the water, and I do not think that will escape any of us. Moreover, waterway pastimes are pastimes which a family as a whole can enjoy. Waterways offer diverse recreations, and I am sure that hon. Members opposite are all aware of the immense social value and significance of our inland waterways.

    We cannot just close them and do nothing, The passage of boats along a waterway is important because once the locks cease to be used the water becomes stagnant and the canal will then rapidly fall into disuse and then it will become overgrown. The possibility of navigation is one of the reasons for maintaining a waterway in good order, because navigation maintains the circulation of the water, and once the waterway ceases to function it rapidly falls into disuse, with the attendant dangers and waste.

    This is a matter which, I know, concerns many hon. Members, and they have tabled many Amendments, and there is a later Amendment affecting waterways in my own constituency about which I have had consultation with the hon. Gentleman, but I think it better to leave that point till later. Then there is also the Minister's Amendment about court procedure. I cannot, in advance, say precisely what this means—not till we have heard his observations upon it.

    What I do say here and now is that there is profound anxiety lest this Bill destroy a right which has existed for a very, very long time indeed. The anxiety persists whatever may be the Government's intentions with regard to waterways, though, as I say, I believe they are benevolent, judging by statements which previous Ministers have made.

    I will leave it at that for the moment, hoping for an assurance from the Minister.

    Like most hon. Members, owing to the mismanagement of the Government I am supposed at the moment to be in two places at once. I have come from the Standing Committee considering the Finance Bill, where I had hoped to make a speech against a wicked proposal to deprive widows of their protection.

    Order. While the hon. Gentleman is in the House he must devote himself to the Amendment on the Order Paper.

    I have come from that important Committee especially to support this Amendment because, in the past, outside the House, I was a professional nuisance on this subject and I can tell the House with wholehearted sincerity that any diminution or whittling away of the rights of statutory navigation will not help the retention of a network of canals for any purpose, be it for pleasure or anything else. It is only because there are these, to the Government, tiresome rights that there is a network of canals which can be used for pleasure. There are many canals which British Waterways did its level best to abandon, and it was only frustrated by what was thought to be antique and archaic but, as has been shown, valuable legislation handed down from the past.

    In subsection (2)(a), the phrase, "customarily used" appears. That may seem to the uninitiated perfectly satisfactory, but there are several canals which enthusiasts would wish to retain and which would make part of a cruising network but which were not customarily used during the period in question because it was impossible to use them. These are canals whose rights will be abrogated by subsection (2)(b) which deals with waterways which have been restored or improved in part—but they may have been restored or improved for boats of very much smaller size than those used on other canals regarded as making a practicable part of a cruising network.

    I hope the House will take it from me that these rights handed down from the past have not only been valuable but are the sole cause of there being a network of canals still in existence for us to discuss.

    I did not serve on the Committee and therefore I am unfamiliar with the case which the Government will make on this Amendment. I am open to be persuaded by the Government if their arguments are sound, but in principle, as at present advised, I agree with the hon. Member for Cheadle (Dr. Winstanley) and the hon. Member for the Cities of London and Westminister (Mr. John Smith).

    I had the honour during the war of serving for three and a half years on the Committee on Canals and Inland Waterways. We were charged not only with maintaining traffic on waterways but also with planning for a great expansion of the commercial carrying capacity of the canals after the war was over.

    On Monday, my right hon. Friend told me that the nationalised canals at present carry about 7 million tons of commercial goods per annum. During the war we carried more than 1 million tons a month on our canals. There has thus been almost a 50 per cent. reduction during the last 20 years. That is immensely regrettable in view of the appalling costs of the maintenance of roads and in terms of accidents and of damage to life and limb, involved when traffic is diverted to lorry transport from other means.

    The plans we made would have cost a capital sum infinitesimal in proportion to what is now being spent and has been spent upon the development of roads; it would have allowed the expansion of our waterways commercial transport by a very great factor many times over the tonnage which they were able to carry then.

    I suspect any Clause which enables a Minister easily, without much public objection, to close any means of transport. We have seen what happened under the disastrous Acts of the late Tory Administration in respect of the railways. It was then arranged that the Minister should be able to close stations, feeder lines—

    On a point of order. If we are discussing railway closures I am willing to debate them, but I thought that we were discussing canals.

    I was beginning to wonder myself. The right hon. Gentleman is getting a little away from the subsection which is the subject of this Amendment.

    With great respect, I am arguing that it is desirable to make it difficult to close Canals and, by analogy, I am saying we have had this sad experience with the railways. If I may complete the argument, which I believe to be entirely in order, as a result of closures of feeder-lines and goods depots since 1959, whereas the railways had maintained and increased traffic since 1948, after 1959 they have lost 230-million passenger journeys and 130-million tons of goods traffic.

    That comes from closing the means of transport by the will of the Minister without, as I think, adequate protection for the public who wish to use those means of transport. It is for those reasons that I am asking the Minister to explain why I am wrong in thinking that this Amendment should be accepted.

    The right hon. Member for Derby, South (Mr. Philip Noel-Baker) has said that he was worried about canals being closed without proper consideration. In my constituency there is a canal which did not come under previous legislation, it is privately owned, and, in consequence, it has not been properly looked after.

    There are commercial canals, there are canals for cruising, and, finally, there are those most interesting canals known as "the remainder". What will happen to those canals? Will the Minister give us some information? The Basingstoke Canal has been allowed to go without proper upkeep for a considerable period. It is now open to question whether it can be dealt with by making lagoons or marinas in certain parts, or something of that kind. What is the position about such matters? At the moment, it is most unsatisfactory, because nobody seems to be able to deal with them. I hope that the Minister can tell us how this problem is to be dealt with.

    Having given myself a couple of abstentions today on other parts of the Bill, I now want to give my fullest support to the Government on this part.

    I say that because it seems odd to me, having heard hon. Gentlemen opposite argue today that we have to put road haulage on a sound financial footing and having argued today and all yesterday that we have to put the railways in a sound economic and financial footing, to hear this argument put forward relating to the inland waterways. To be consistent they should argue along the same lines for our inland waterways.

    9.15 p.m.

    I am grateful to the hon. Gentleman for giving way. This may be the last occasion on which we shall have to give way to each other. He has always been courteous, and I thank him. I should like to make it clear, although I am sure he is aware of this, that, speaking for my party, and I think I may speak for the Conservative Party as well, the proposals for inland waterways contained within this part are generally acceptable and welcome.

    I am grateful for that intervention. I will certainly accept that on behalf of the hon. Gentleman's party, but I cannot accept it on behalf of the other party occupying the benches opposite.

    I should have thought that if one were to accept the main provisions of this part of the Bill one ought at least to accept the Clauses to which the Amendments being discussed now refer. The main proposal put forward in this part of the Bill is that at last we shall have a definite policy concerning inland waterways. In the past we had a somewhat wishy-washy situation in which we had a collection of rights, to which hon. Gentlemen have made reference. Some of those rights have been exercised and some have not. Because of the dubious position of those rights, we have got to the present situation. The present proposals in the Bill, which state definitely which canals will remain open for certain purposes, are a definite step forward from the kind of situation that has existed hitherto.

    If we insist that the Inland Waterways Board, or whatever name we may give to a future board, is to have the duty of maintaining more waterways open, the first question asked by anyone who knows the slightest bit about economics—and this is something that hon. Gentlemen opposite have always professed—is where is the money coming from? Although we shall hear some very powerful sentimental and emotional arguments from hon. Gentlemen opposite about the social and recreational need for keeping these thousands of miles of waterways open, I doubt whether we shall hear any reference made to the sources of finance for doing it. I should have thought it would have been consistent, when talking about putting more obligations on the Inland Waterways Board, to have made some reference to the sources of finance.

    I should be happy to discuss some of the matters the hon. Gentleman is talking about, but I cannot see that they have any connection with the Amendment.

    I am grateful to the hon. Gentleman for that intervention. I can assure him and his hon. Friends that I have studied both Amendments carefully. All on this side of the House are perfectly well aware of what the hon. Gentleman is trying to achieve with these Amendments.

    At least let us accept that we have a definite policy for dealing with canals. Here we have a definite mileage and a definite set of proposals. Let us accept and go forward from this, rather than return to the wishy-washy situation that we had which has led to the breaking down and wearing out of canals hitherto. For these reasons, I urge complete rejection of the Amendment.

    I support the Amendment moved by the hon. Member for Bodmin (Mr. Bessell) because I think it makes a bad Clause a better one if this subsection is removed. It is a bad Clause because it undermines the maintenance structure of the canal system of this country.

    The hon. Member for Nuneaton (Mr. Leslie Huckfield) said that he could not see the difference between arguments about the abandonment of a system of canals and arguments relating to the abandonment of certain railway lines. There are real differences If a railway line is abandoned the land can be put to some other useful purpose. However, one cannot abandon a canal and expect no uproar from those who live close to it. As I hope to show in a moment, many problems arise affecting people who live adjacent to a canal that is abandoned. It appears from this Clause that the Government are seeking to remove from the Waterways Board obligations to maintain canals in certain instances. There is not one word in the Clause relating to the obligation which there should be on a Waterways Board towards those who live adjacent to the canal. Perhaps this did not occur to the Minister. Possibly, like the hon. Member for Nuneaton (Mr. Leslie Huckfield) he thinks it is possible just to shut a canal and that is that. But there are many associated problems, and I give two examples to illustrate what I mean.

    The Grand Union Canal flows through the Midlands and passes close to the centre of Market Harborough, at which point it is 100 feet above the level of the town centre. On two occasions in recent years the centre of Market Harborough has been flooded by the overflowing of the Grand Union Canal, with all the consequent dislocation to office and town life and traffic, not to mention human discomfort. What will happen if the Waterways Board abandons the Grand Union Canal?

    There is nothing in the Clause to indicate that a local authority can make representations. The Clause says that representations may be made in relation to the use of the canal for business and commercial and cruising purposes and that those having interests may make representations; but there is nothing which permits a local authority, with all the obligations and responsibilities in the district, to make representations as to how a canal shall be maintained.

    There is another illustration which I would draw to the attention of the House to try to bring to the hon. Member for Nuneaton the knowledge that one cannot just close a canal and have done with it.

    With respect, we are not discussing the Clause, we are discussing whether subsection (2) of the Clause can be withdrawn.

    I was aware of that, Mr. Speaker, and was seeking to argue that it would be a much better Clause if subsection (2) were omitted, because as it is there is no responsibility on the Waterways Board to maintain certain canals which cause considerable flooding of adjacent farms. I can quote a recent example of where that happened in my own constituency, when the Grand Union Canal overflowed. The flow was checked to a certain extent by those responsible for the maintenance of the canal, but not before it had done a great deal of damage to the crops and flooded ditches and waterways.

    Quite obviously, if this subsection is removed from the Clause it will be a much better Clause, because in my view there is not the same risk of the Waterways Board washing its hands of the responsibility for the maintenance of a canal. It is really a very bad Clause in a very bad Bill.

    It may or may not be a very bad Clause in a very bad Bill, but the hon. Gentleman is trying to remove subsection (2) and the hon. Gentleman must come to that subsection.

    I was seeking to point out, Mr. Speaker, that the removal of subsection (2) would make it a slightly better Clause in a still very bad Bill.

    I am grateful for this opportunity to intervene briefly for the first time in the debates on this abominable Bill, and I will not be controversial. I support the plea of my hon. Friend the Member for Alder-shot (Sir E. Errington) that, in the light of the experience which we share of derelict canals in our constituency, no provision should be left in the Clause to put anyone else in the same position. My hon. Friend can probably underline my experience that a derelict canal soon becomes a menace to health, a great eyesore, a collector of old bicycles, covered with pond weed and breeding mosquitoes, and is a blooming nuisance to the whole community—

    Order. I am fascinated by the hon. Member's eloquence. I do not want to read the Amendment to him, but I would remind him that the proposal is to remove subsection (2).

    I hope that, in the light of this experience of mine, the subsection will be removed, since that would place greater responsibility on those maintaining the canals and would diminish the risk that they would be run down to this sad state. It is time that something was done with the Basingstoke Canal. When canals reach this state, those maintaining them should have to bring them back into decent order, so that they can benefit the community, not just for transport but for amenity, for the very large number of people who would make good use of them if they were kept in good order.

    I would tell the hon. Member for Woking (Mr. Onslow) that the Basingstoke Canal is privately-owned, and so has nothing to do with the maintenance duties of the British Waterways Board under this Clause. As to the point of the hon. Member for Harborough (Mr. Farr), the Grand Union Canal, and the branch through Market Harborough, is designated in the Schedule as a cruising waterway.

    The Amendment would leave out subsection (2), dealing with the standard of maintenance of the Board's waterways. My hon. Friend the Minister of State will deal later with the much wider question which can be read into this Amendment. To remove this part of the Board's maintenance duties would mean that it would have no standards and no rational maintenance duty and that subsection (1)(a) and (b) would also be removed.

    In the interests of the Board and the waterway users, its maintenance duties should be firmly tied to measurable requirements. This is achieved in subsection (2) by relating the navigation maintenance standards of each waterway to the needs of the craft customarily using it during the latest appropriate period, that is, the nine months prior to the introduction of the Bill. This ceiling on the Board's maintenance duty is necessary to protect it against any demand that a waterway should be maintained to an unrealistic standard.

    That leads me to refer again to the fact that part of the standard applied in the Clause is to maintain commercial waterways in a suitable condition for use by commercial freight-carrying vessels. Without subsection (2), those vessels could be, in law, of any size. As was suggested in Committee, in law, it could be demanded that the standard should apply to the "Queen Mary". There would be nothing against this if subsection (2) were removed. There is adequate provision in subsection (3) for the Minister to revise the standards to take account of future changes in the shape, size and design of vessels.

    I certainly ask the House not to accept the Amendment, which would leave an indefinable and what could be an intolerable burden on the Waterways Board, but to leave the Clause as it is, so that the Board has objectives which it knows and which can be fulfilled.

    9.30 p.m.

    I support the Liberal Party Amendment. This has been a wide-ranging debate and I will not add to the arguments already adduced, many of which will be relevant to the debate which we will have on later Amendments. I agree that this is a totally unnecessary subsection.

    What will happen in 10 years' time if there is a court case and someone is supposed to know what kinds of vehicle were using a certain waterway during the previous year? This will cause great confusion in the courts. I do not think that talk about the "Queen Mary"— which was also indulged in in Committee when a similar Amendment was moved— is relevant. This subsection introduces an element of uncertainty into the Board's duties which is quite out of place in legislation of this kind. Assuming that the Board remains subject to a duty to the public, the court will be perfectly capable of deciding what that duty is. Without going into any more detail, because other points will be debated later, if the Liberals wish to press this to a vote, I shall support them.

    I was disappointed at the Minister's reply. He did not get to grips with the point. I accept that it is necessary to have some form of definition in relation to subsection (1). This is what subsection (2) sets out to do. The reasons why we object to it, and which were rehearsed in Committee, are that it is far too restrictive in its present terminology. That worries us and causes us to believe that what was otherwise an admirable part of the Bill could be seriously misused.

    We have had talk about the "Queen Mary", but that is nonsense. There is nothing in the Bill that compels the Waterways Board to extend or enlarge a waterway and do all the things that would be necessary to get a ship of that dimension through an inland waterway. That is no answer at all. Our concern with this subsection rests on the fact that paragraphs (a) and (b) represent two very

    Division No. 198.]

    AYES

    [9.35 p.m.

    Alison, Michael (Barkston Ash)du Cann, Rt. Hn. EdwardKimball, Marcus
    Allason, James (Hemel Hempstead)Eden, Sir JohnKing, Evelyn (Dorset, S.)
    Astor, JohnElliot, Capt. Walter (Carshalton)Kirk, Peter
    Atkins, Humphrey (M't'n & M'd'n)Elliott, R. W. (N'c'tle-upon-Tyne, N.)Kitson, Timothy
    Awdry, DanielEmery, PeterKnight, Mrs. Jill
    Baker, Kenneth (Acton)Errington, Sir EricLambton, Viscount
    Baker, W. H. K. (Banff)Eyre, ReginaldLancaster, Col. C. G.
    Balniel, LordFarr, JohnLane, David
    Barber, Rt. Hn. AnthonyFisher, NigelLegge-Bourke, Sir Harry
    Batsford, BrianFletcher-Cooke, CharlesLewis, Kenneth (Rutland)
    Beamish, Col. Sir TuftonFortescue, TimLloyd, Rt. Hn. Geoffrey (Sut'nC'dfield)
    Bell, RonaldFoster, Sir JohnLloyd, Ian (P'tsm'th, Langstone)
    Bennett, Sir Frederic (Torquay)Galbraith, Hn. T.G.Lloyd, Rt. Hn. Selwyn (Wirral)
    Berry, Hn. AnthonyGibson-Watt, DavidMcAdden, Sir Stephen
    Bessell, PeterGiles, Rear-Adm. MorganMacArthur, Ian
    Biffen, JohnGilmour, Ian (Norfolk, C.)Macleod, Rt. Hn. lain
    Biggs-Davison, JohnGilmour, Sir John (Fife, E.)McMaster, Stanley
    Black, Sir CyrilGlyn, Sir RichardMacmillan, Maurice (Farnham)
    Blaker, PeterGodber, Rt. Hn. J. B.Maddan, Martin
    Boardman, Tom (Leicester, S.W.)Goodhart, PhilipMaginnis, John E.
    Body, RichardGoodhew, VictorMarples, Rt. Hn. Ernest
    Bossom, Sir CliveCower, RaymondMarten, Neil
    Boyd-Carpentor, Rt. Hn. JohnGrant, AnthonyMaude, Angus
    Boyle, Rt. Hn. Sir EdwardGresham Cooke, R.Mawby, Ray
    Braine, BernardGrieve, PercyMills, Peter (Torrington)
    Brewis, JohnGriffiths, Eldon (Bury St. Edmunds)Mills, Stratton (Belfast, N.)
    Brinton, Sir TattonGrimond, Rt. Hn. J.Miscampbell, Norman
    Bromley-Davenport, Lt.-Col. Sir WalterGurden, HaroldMitchell, David (Basingstoke)
    Brown, Sir Edward (Bath)Hall, John (Wycombe)Monro, Hector
    Bruce-ardyne, J.Hall-Davis, A. G. F.Montgomery, Fergus
    Bryan, PaulHamilton, Michael (Salisbury)More, Jasper
    Buchanan-Smith, Alick (Angus, N&M)Harris, Frederic (Croydon, N.W.)Morrison, Charles (Devizes)
    Buck, Antony (Colchester)Harrison, Brian (Maldon)Mott-Radclyffe, Sir Charles
    Bullus, Sir EricHarrison, Col. Sir Harwood (Eye)Munro-Lucas-Tooth, Sir Hugh
    Burden, F. A.Harvey, Sir Arthur VereMurton, Oscar
    Campbell, GordonHarvie Anderson, MissNeave, Airey
    Carr, Rt. Hn. RobertHastings, StephenNoble, Rt. Hn. Michael
    Cary, Sir RobertHawkins, PaulNott, John
    Chichester-Clark, R.Heald, Rt. Hn. Sir LionelOnslow, Cranley
    Clark, HenryHeath, Rt. Hn. EdwardOrr, Capt. L. P. S.
    Clegg, WalterHeseltine, MichaelOrr-Ewing, Sir Ian
    Cooke, RobertHiggins, Terence L.Page, Graham (Crosby)
    Cooper-Key, Sir NeillHiley, JosephPage, John (Harrow, W.)
    Corfield, F. V.Hill, J. E. B.Pardoe, John
    Costain, A. P.Holland, PhilipPearson, Sir Frank (Clitheroe)
    Crouch, DavidHooson, EmlynPeel, John
    Crowder, F. P.Hordern, PeterPercival, Ian
    Cunningham, Sir KnoxHornby, RichardPeyton, John
    Currie, C. B. H.Howell, David (Guildford)Pike, Miss Mervyn
    Dalkeith, Earl ofHunt, JohnPink, R. Bonner
    Dance, JamesHutchison, Michael ClarkPounder, Rafton
    Davidson, James (Aberdeenshire, W.)Iremonger, T. L.Powell, Rt. Hn. J. Enoch
    d'Avigdor-Goldsmid, Sir HenryIrvine, Bryant Godman (Rye)Price, David (Eastleigh)
    Dean, Paul (Somerset, N.)Jenkin, Patrick (Woodford)Prior, J. M. L.
    Deedes, Rt. Hn. W. F. (Ashford)Johnston, Russell (Inverness)Pym, Francis
    Digby, Simon WingfieldJones, Arthur (Northants, S.)Quennell, Miss J. M.
    Dodds-Parker, DouglasKaberry, Sir DonaldRamsden, Rt. Hn. James
    Doughty, CharlesKerby, Capt. HenryRawlinson, Rt. Hn. Sir Peter
    Drayson, G. B.Kershaw, AnthonyRenton, Rt. Hn. Sir David

    narrow restrictions which are not in the best interests of the scheme in respect of waterways.

    The general provisions in connection with the Waterways Board, with the notable exception of Clause 45, are highly acceptable to us, but the subsection in its present form is unacceptable and I must ask my hon. Friends to join me in the Division Lobby.

    Question put, That the Amendment be made: —

    The House divided: Ayes 224, Noes 259.

    Rhys Williams, Sir BrandonStodart, AnthonyWall, Patrick
    Ridley, Hn. NicholasStoddart-Scott, Col. Sir M. (Ripon)Walters, Dennis
    Rodgers, Sir John (Sevenoaks)Tapsell, PeterWeatherill, Bernard
    Rossi, Hugh (Hornsey)Taylor, Sir Charles (Eastbourne)Webster, David
    Royle, AnthonyTaylor, Edward M. (G'gow, Cathcart)Whitelaw, Rt. Hn. William
    Russell, Sir RonaldTaylor, Frank (Moss Side)Williams, Donald (Dudley)
    St. John-Stevas, NormanTeeling, Sir WilliamWills, Sir Gerald (Bridgwater)
    Scott, NicholasTemple, John M.Wilson, Geoffrey (Truro)
    Scott-Hopkins, JamesThatcher, Mrs. MargaretWolrige-Gordon, Patrick
    Sharpies, RichardThorpe, Rt. Hn. JeremyWood, Rt. Hn. Richard
    Shaw, Michael (Sc'b'gh & Whitby)Turton, Rt. Hn. R. H.Worsley, Marcus
    Silvester, Frederickvan Straubenzee, W. R.Wylie, N. R.
    Sinclair, Sir GeorgeVaughan-Morgan, Rt. Hn. Sir JohnYounger, Hn. George
    Smith, Dudley (W'wick & L'mington)Vickers, Dame Joan
    Smith, John (London & W'minster) Wainwright, Richard (Colne Valley)TELLERS FOR THE AYES:
    Speed, KeithWalker, Peter (Worcester)Mr. Eric Lubbock and
    Stainton, KeithWalker-Smith, Rt. Hn. Sir DerekDr. M. P. Winstanley

    NOES

    Abse, LeoDoig, PeterJenkins, Rt. Hn. Roy (Stechford)
    Albu, AustenDriberg, TomJohnson, Carol (Lewisham, S.)
    Allaun, Frank (Salford, E.)Dunn, James A.Johnson, James (K'ston-on-Hull, W.)
    Alldritt, WalterDunnett, JackJones, Dan (Burnley)
    Allen, ScholefieldDunwoody, Mrs. Gwyneth (Exeter)Jones, J. Idwal (Wrexham)
    Anderson, DonaldDunwoody, Dr. John (F'th & C'b'e)Jones, T. Alec (Rhondda, West)
    Archer, PeterEadie, AlexJudd, Frank
    Armstrong, ErnestEdelman, MauriceKelley, Richard
    Atkins, Ronald (Preston, N.)Edwards, Robert (Bilston)Kerr, Mrs. Anne (R'ter & Chatham)
    Bacon, Rt. Hn. AliceEdwards, William (Merioneth)Lawson, George
    Bagier, Gordon A. T.Ellis, JohnLedger, Ron
    Barnes, MichaelEnnals, DavidLee, John (Reading)
    Baxter, WilliamEnsor, DavidLestor, Miss Joan
    Bence, CyrilEvans, Albert (Islington, S. W.)Lever, Harold (Cheetham)
    Benn, Rt. Hn. Anthony WedgwoodEvans, loan L. (Birm'h'm, Yardley)Lewis, Ron (Carlisle)
    Bennett, James (G'gow, Bridgeton)Faulds, AndrewLipton, Marcus
    Binnes JohnFitch, Alan (Wigan)Lomas, Kenneth
    Bishop, E. S.Fletcher, Ted (Darlington)Loughlin, Charles
    Blackburn, F.Foley, MauriceLyon, Alexander W. (York)
    Blenkinsop, ArthurFoot, Rt. Hn. Sir Dingle (Ipswich)Lyons, Edward (Bradford, E.)
    Boardman, H. (Leigh)Forrester, JohnMatron, Dr. J. Dickson
    Booth, AlbertFowler, GerryMcCann, John
    Boyden, JamesFraser, John (Norwood)MacColl, James
    Braddock, Mrs. E. M.Freeson, ReginaldMacDermot, Niall
    Bradley, TomGalpern, Sir MyerMacdonald, A.H.
    Brooks, EdwinGardner, TonyMcGuire, Michael
    Broughton, Dr. A. D. D.Garrett, W. E.McKay, Mrs. Margaret
    Brown, Hugh D. (G'gow, Provan)Gourlay, HarryMackenzie, Gregor (Rutherglen)
    Brown, Bob (N'c'tle-upon-Tyne, W.)Gray, Dr. Hugh (Yarmouth)Mackintosh, John p.
    Brown, R. W. (Shoreditch & F'bury)Greenwood, Rt. Hn. AnthonyMaclennan, Robert
    Buchan, NormanGregory, ArnoldMcMillan, Tom (Glasgow, C.)
    Buchanan, Richard (G'gow, Sp'burn)Grey, Charles (Durham)McNamara, J. Kevin
    Butler, Herbert (Hackney, C.)Griffiths, David (Rother Valley)MacPherson, Malcolm
    Butler, Mrs. Joyce (Wood Green)Griffiths, Rt. Hn. James (Llanelly)Mahon, Simon (Bootle)
    Callaghan, Rt. Hn. JamesGunter, Rt. Hn. R. J.Mallalieu, E. L. (Brigg)
    Cant, R. B.Hamling, WilliamMallalieu, J. P. W. (Huddersfield, E.)
    Carmichael, NeilHannan, WilliamManuel, Archie
    Carter-Jones, LowisHarper, JosephMarks, Kenneth
    Castle, Rt. Hn. BarbaraHarrison, Walter (Wakefield)Marquand, David
    Chapman, DonaldHaseldine, NormanMarsh, Rt. Hn. Richard
    Coe, DenisHattersley, RoyMason, Rt. Hn. Roy
    Coleman DonaldHazell, BertMayhew, Christopher
    Concannon, J. D.Healey, Rt. Hn. DenisMendelson, J. J.
    Corbet, Mrs. FredaHenig, StanleyMikardo, Ian
    Craddock, George (Bradford, S.)Hobden, Dennis (Brighton, K'town)Millan, Bruce
    Crawshaw, RichardHooley, FrankMiller, Dr. M. S.
    Cronin JohnHoughton, Rt. Hn. DouglasMilne, Edward (Blyth)
    Crossman, Rt. Hn. RichardHowarth, Harry(Wellingborough)Mitchell, R. C. (S'th'pton, Test)
    Cullen, Mrs. AliceHowarth, Robert (Bolton, E.)Morgan, Elystan (Cardiganshire)
    Daiyell TamHowie, W.Morris, Alfred (Wythenshawe)
    Davidson, Arthur (Accrington)Hoy, JamesMorris, Charles R. (Openshaw)
    Davies G. Elfed (Rhondda, E.)Huckfield, LeslieMorris, John (Aberavon)
    Davies, Dr. Ernest (Strettord)Hughes, Rt. Hn. Cledwyn (Anglesey)Moyle, Roland
    Davies, Harold (Leek)Hughes, Emrys (Ayrshire, S.)Neal, Harold
    Davies, Ifor (Gower)Hughes, Hector (Aberdeen, N.)Newens, Stan
    Davies S. O. (Merthyr)Hughes, Roy (Newport)Noel-Baker, Rt. Hn. Philip (Derby, S.)
    de Freitas, Rt. Hn. Sir GeoffreyHunter, AdamNorwood, Christopher
    Delargy, HughHynd, JohnOgden, Eric
    Dell, EdmundIrvine, Sir Arthur (Edge Hill)O'Malley, Brian
    Dempsey, JamesJackson, Colin (B'h'se & Spenb'gh)Orme, Stanley
    Dewar, DonaldJackson, Peter M. (High Peak)Oswald, Thomas
    Diamond, Rt. Hn. JohnJay, Rt. Hn. DouglasOwen, Dr. David (Plymouth, S'tn)
    Dickens, JamesJeger, Mrs.Lena(H'b'n&St.P'cras,S.)Owen, Will (Morpeth)
    Dobson, RayJenkins, Hugh (Putney)Palmer, Arthur

    Park, TrevorRoss, Rt. Hn. WilliamTomney, Frank
    Parker, John (Dagenham)Shaw, Arnold (Ilford, S.)Urwin, T. W.
    Parkin, Ben (Paddington, N.)Shinwell, Rt. Hn. E.Varley, Eric G.
    Parkyn, Brian (Bedford)Shore, Rt. Hn. Peter (Stepney)Walker, Harold (Doncaster)
    Pavitt, LaurenceShort, Rt. Hn. Edward (N'c'tle-u-Tyne)Watkins, David (Consett)
    Pearson, Arthur (Pontypridd)Silkin, Rt. Hn. John (Deptford)Watkins, Tudor (Brecon & Radnor)
    Peart, Rt. Hn. FredSilkin, Hn. S. C. (Dulwich)Wellbeloved, James
    Pentland, NormanSilverman, Julius (Aston)Whitlock, William
    Perry, George H. (Nottingham, S.)Slater, JosephWilliams, Alan (Swansea, W.)
    Prentice, Rt. Hn. R. E.Small, WilliamWilliams, Alan Lee (Hornchurch)
    Price, Thomas (Westhoughton)Snow, JulianWilliams, Clifford (Abertillery)
    Probert, ArthurSpriggs, LeslieWilliams, Mrs. Shirley (Hitchin)
    Randall, HarryStewart, Rt. Hn. MichaelWillis, Rt. Hn. George
    Rankin, JohnStonehouse, JohnWilson, William (Coventry, S.)
    Rees, MerlynStrauss, Rt. Hn. G. R.Winnick, David
    Reynolds, G. W.Summerskill, Hn. Dr. ShirleyWoodburn, Rt. Hn. A.
    Rhodes, GeoffreySwain, ThomasWoof, Robert
    Richard, IvorSwingler, StephenWyatt, Woodrow
    Robertson, John(Paisley)Symonds, J. B.Yates, Victor
    Robinson, Rt. Hn. Kenneth (St.P'c'as)Taverne, Dick
    Robinson, W. O. J. (Walth'stow, E.)Thomas, Rt. Hn. GeorgeTELLERS FOR THE NOES:
    Rodgers, William (Stockton)Thomson, Rt. Hn. GeorgeMr. Neil McBride and
    Roebuck, RoyThornton, ErnestMr. Ernest G. Perry.
    Rose, PaulTinn, James

    I beg to move Amendment No. 404, in page 130, line 5, leave out subsections (5) and (6) and insert:

    (5) If, on an application made by any person under this subsection to the High Court or, in Scotland, the Court of Session, the court determines that there has been, in respect of a significant length of any waterway, a serious failure by the Board to discharge the duty imposed on them by subsection(1)of this section or any order under subsection (3) thereof the court may, subject to subsection (6) of this section, require the Board to remedy that failure; but, save as afore said, neither subsection (1) nor any order under subsection (3) of this section shall be construed as imposingany duty or liability enforceable by proceedings before any court to which the Board would not otherwise be subject.
    (6) Nothing in subsection (5) of this section shall be construed as affecting the power of the Minister to make an order, or a further order, under section 99(3) of this Act or subsection (3)of this section in relation to a waterway or any part of a waterway which is the subject of an application under the said subsection (5) or in respect of which the court has imposed any requirement on the Board under that subsection; and—
  • (a) while such an order is pending in respect of any waterway or part of a waterway the court shall not impose any requirement on the Board under that subsection in respect of that waterway or part;
  • (b) if such an order is made in respect of any waterway or part of a waterway while it is the subject of an application under that subsection, the court shall, in determining on that application whether there has been a failure by the Board to discharge their duty, have regard only to the duty (if any) to which the Board are subject in consequence of the making of the order.
  • For the purposes of paragraph (a) of this subsection, an order shall be treated as pending during the period of three months beginning with the day on which the Minister notifies the Board that he is considering the making of tie order and, if before the expira- tion of that period notice of the proposed order is published under Schedule 13 to this Act, during any further period until the order is made or the Minister notifies the Board that it will not be made.

    I have suggested that, with this Amendment, we take Amendment No. 402, in page 129, line 32, at end insert:

    'provided that the duty of the Board to maintain any waterway which is a commercial or cruising waterway shall be modified and made subject to the preceding provisions of this section which shall not be construed as imposing upon the Board in respect of any such waterway any higher duty than the Board are under at the date of this Act in respect of such waterway'.
    No. 403, in page 129, line 32, at end insert:
    Provided that the duty of the Board to maintain any waterway which is a commercial or cruising waterway shall be modified and made subject to the preceding provisions of this section which shall not be construed as imposing on the Board in respect of any such waterway any additional duty other than that which the Board was under on the 8th December 1967 in respect of such waterway.
    No. 405, in page 130, line 5, leave out from beginning to 'but' in line 7, and insert:
    'Subsection (1) of this section shall not be construed as imposing either directly or indirectly any form of duty or liability enforceable by proceedings before any Court to which the Board would not otherwise be subject'.
    No. 406, in page 130, line 5, leave out from beginning to 'if' in line 7 and insert:
    'Subsection (1) of this section shall not be construed as imposing either directly or indirectly any form of duty or liability enforceable by proceedings before any court to which the Board would not otherwise be subject'.
    No. 407, in page 130, line 34, leave out subsection (7).

    No. 408, in page 130, line 38, after ' Board ', insert:
    "and which is neither a commercial nor a cruising waterway '.
    No. 409, in page 131, leave out lines 17 and 18 and insert:

    ' of the soil, nothing in this part of the Act shall operate to prevent the revival continuance or acquisition of rights of or in connection with navigation on or over any natural water course or on or over any artificial watercourse '.
    No. 417 and No. 418, all of which are linked.

    For the alleviation of anxiety, I am advised to say that the score is 4–1. [Laughter.] I hope that I have been correctly advised.

    My advice on that subject is deficient, I am afraid. This is merely an interim report.

    In moving this very important Amendment, it must be made plain that it refers solely to the nationalised waterways system. Many hon. Members and their constituents are passionately interested in our canals. Hon. Members frequently raise points about canals unaware, perhaps, that some of them are privately owned. In the previous debate, a number of hon. Members referred to the Basingstoke Canal, and it was alleged that it is derelict, polluted, and even a menace to public health. It is a privately-owned canal, about which I am only too willing to make investigations and see what powers we may have to help. The Amendment, however, refers only to the duties of the nationalised Waterways Board and the nationally-owned canal system for which it is responsible.

    A little earlier, the hon. Member for Southgate (Mr. Berry) chided me for having said something in Committee and now, on Report, supporting a different proposal. However, it is the responsibility of Ministers attending Committees to advocate the Government's proposals as strongly as they can. It is also their responsibility to listen carefully to criticisms of those proposals and take them into account. I make no apology, therefore, for having considered carefully the views of hon. Members opposite and some of my hon. Friends about this and other parts of the Bill, which accounts for many of the Amendments which have been moved today.

    We have arrived at a different view from the one I advocated about the Government proposals in Committee. The hon. Member for Southgate will appreciate that this Amendment and those related to it form a very important matter, which occupied the Standing Committee for some time, in regard to the rights of citizens in relation to the maintenance duties and responsibilities of the Inland Waterways Board. In Committee I craved indulgence to make a statement which contained certain historical matter about the whole development of the canal system. On this occasion I ask for the indulgence of the House to some extent as I have a rather longer than usual statement to make on this Amendment. This is in recognition of the fact that the Amendment covers a wide field and has been produced in response to many criticisms and points which were put forward.

    I think it unlikely that there is any basic difference between the two sides of the House on the issue raised in this group of Amendments. The object of Clause 100, as amended by the proposed Amendment No. 404, is to bring the Board's duty to keep the commercial and cruising waterways in repair into line with modern needs as we see them. To use the words of the Inland Waterways Association, it is to provide for this,
    "appropriately limited and reasonable duty "
    to be enforceable in the courts.

    Many hon. Members wil have received from the Inland Waterways Association a copy of its letter on the subject. The greater part of the waterway system can no longer do the job for which it was built. To maintain this part today for the old job of providing for the carriage of freight when no freight is carried on the greater part of the system, would impose an undue burden on the taxpayer for these canals are operating today at a heavy loss. Yet this is what the Board's duty would have been had not the Government in 1962, under Section 64 of the 1962 Act, put a moratorium on the duties of the Board for five years, which later was extended to six years and required the Waterways Board to review the manner in which these waterways could be put to best use.

    As I said in Committee, fortunately a very thorough and revealing study, as I think all hon. Members will admit, was made by the Waterways Board and resulted in a publication which had a fair circulation. The moratorium of the 1962 Act is now coming to an end and we have the job of bringing the Waterways Board's duties up-to-date in the light of the stud}' it put forward. That study made clear that the cheapest thing to do with the non-commercial waterways would be to close them to navigation where they are not already closed or unusable. The difference in cost between closing those waterways to navigation and maintaining them in such a condition that they could be used for cruising craft would be a net amount to the taxpayer of between £300,000 and £400,000 a year at present levels of traffic. To maintain them to standards for commercial craft would of course cost vastly more. This is a stark fact which we have to face. Nowadays comparatively few people take their holidays on the waterways in cruising craft: at most about 50,000 citizens a year.

    I hesitate to add to the hon. Gentleman's burden—he must be feeling intolerably tired—but may we have even an approximate idea of what it would have cost to keep the waterways up to a commercial standard?

    I have not got that figure at the moment, but I hope that it will arrive in due course. I can tell the hon. Gentleman that it would be vastly more than the figure that I have quoted in this respect.

    I was coming to the point, which we must face realistically, of the revenue potential of the waterways as cruising waterways. In spite of some statements that are made, comparatively few people at the moment use the long stretches of canals in this country for cruising craft. I gave a figure of 50,000 a year. In fact we have a situation—and I put it deliberately in this way without seeking to put any gloss upon it—where each person's waterway holiday is being subsidised by the taxpayer to the extent of £6 to £8 per year. That is the present figure.

    Does the hon. Member take account, in that calculation, of the fact that were it not for cruising on the waterways the waterways would be unsuitable for fishing and many other pursuits?

    Certainly, I take that into account, and it is quite correct. I take the hon. Gentleman's point immediately. The fact that one gives these realistic figures of actual costs and actual revenues does not necessarily indicate, as one might say, a negative course; but on the other hand one cannot say "close them all down", because it might be much more costly, and as those of us know who have seen an analysis of the waterways system resulting from the review, that is one of the facts we have to face—that it is more expensive to close waterways than it is to keep them open. When we talk about rights and duties, the important thing is to be realistic. We must accept the fact that nobody has a right to a subsidised holiday on the waterways. On the other hand, these waterways provide a recreational facility of great potential value, and we all agree it would be a great pity to close them. If they were closed, most of them would very soon irrevocably disappear.

    There are some waterways, almost completely unnavigable, which the Board must be free to treat in the most economic way without being beset, as I said in committee, by the ancient duty to restore them to navigation at enormous expense to the taxpayer—an ancient duty which has become in many respects as derelict as many of the waterways themselves. The duty may remain on the Statute Book in Local Acts but is not very much practised. By far the greater part of the system, virtually all of the waterways which are navigable, we are aiming to preserve, in the confident hope that their use will increase and that revenue will more nearly meet the cost of maintaining them, if opportunities for this to happen are developed. Having said that, in the last resort—

    I hope that the right hon. Gentleman will not open the debate too widely, for otherwise we shall never complete it.

    10.0 p.m.

    I recognise the importance of that, Mr. Speaker, but I am sure you will understand that this rather lengthy Amendment which the Government is bringing forward covers the maintenance obligations of the Board and also the rights and responsibilities of citizens. I felt that as this has been the subject of great and widespread controversy it was essential for me to explain to the House how we have arrived at the conclusions embodied in the Clause. In the last resort, any Government must be able to control what subsidies should be paid. In Clauses 99 and 100(3) we have carefully circumscribed powers which provide for this. But it would be irresponsible not to ensure that the waterways are in the most economical manner matched to modern needs. Thus the powers and duties relating to the cruising waterways must be to maintain them for the relatively small draught and cruising craft for which they are required today. Even on the commercial waterways it is sensible to tailor the duty to the modern craft—

    Order. We are not discussing the Question, That the Clause stand part. We are discussing the hon. Gentleman's Amendment to leave out subsections (5) and (6) and substitute others. The hon. Gentleman must come to the Amendment or the debate will become very wide.

    The Amendment radically alters the meaning of the Clause in relation to the point to which I am coming, namely the duties of the Board. The new duties to which I am referring, provided for in the Amendment and in Clause 100, are related closely to modern needs to avoid wastage of the taxpayers' money and to make the best use of the waterways.

    The Opposition Amendments, particularly Amendments No. 402 and 403, would entirely destroy the new certainty which we seek to introduce. In essence, they are trying to restore the old maintenance duty, and the trouble is that few things could be more obscure than what those duties were, because they were created by a host of Acts of Parliament—literally hundreds—some of them very ancient, but nobody is absolutely certain what is really the statutory position on any particular length of waterway.

    The Opposition Amendments have been strongly canvassed by the Inland Waterways Association. It is right that the ideas urged by this dedicated body should be openly and properly canvassed. Hon. Members opposite have rightly provided that opportunity, but the Association's enthusiasm for the cause of the waterways, with which we have great sympathy, is in this case running away with it. If the Opposition Amendments were adopted there would be fewer rather than more waterways available because the tax payers', and hence the Board's resources, would have to be spread more thinly, and so would be less efficiently used in the cause of recreation and amenity.

    No arbitrary destruction of rights is involved. We are trying to provide for the fully effective use of the waterways and, by the Amendment, for the Board's duties to maintain waterways to be enforceable through the courts. This matter concerned many hon. Members in Committee and very strong views were expressed on it. In Committee, we resisted the view that these obligations should be enforceable in the courts by citizens. We rather put forward the point of view that complaints about navigability of the canals should be dealt with by administrative processes.

    However, on reconsideration of the matter, as hon. Members will recognise from the Amendment, we are providing for the maintenance duties in respect of the commercial and cruising waterways to be enforceable through the courts, and therefore we are altering the arrangements we had made about the duties of the Amenity Advisory Council and the powers of the Minister in this respect in order to substitute a procedure whereby the citizens will have rights of litigation in relation to the maintenance of the waterways.

    I apologise to the House, as I did at the beginning, for the time I have taken to explain this. We had in Committee a lengthy discussion on this point. This is an important change which we have made in this respect in the duties of the Board and the rights of the citizens, and we have made it in response to the criticisms made by hon. Gentlemen. Therefore, I hope that in recognition of the change which is being made hon. Members will be willing to accept the view expressed by the Government in the Amendment.

    The Question is, That the Amendment be made. I remind the House that we are considering, at the same time, Amendments Nos. 402, 403, 405 to 409, 417 and 418—and may I also remind the House that a former Member of Parliament would have liked to join in this debate—Sir Alan Herbert.

    The Minister of State took a long time explaining this matter and Clause 100 and I cannot help noticing that there is still another Clause which was not discussed in Committee and is not likely to be now since the Guillotine falls at 11 o'clock. The Minister of State listened very carefully to our arguments in Committee on this point, as, indeed, we listened to what he said at the time, and which he have had an opportunity of considering since. Since then the Inland Waterways Association has provided information for Members of Parliament to sustain an all-party case—because the Association is an all-party organisation.

    In Committee, we discussed in great detail the question of legal rights for people who might be hurt or involved in an accident on the waterways, and the Minister of State said:
    "Anybody who sustains injury in navigating on a waterway, with a licence from the Board, will have a right against the Board in the same way as he would have a right against the Railway Board. This is completely covered under the Occupiers' Liability Act, 1957."—[OFFICIAL REPORT, Standing Committee F, 2nd May, 1968; c. 3063.]
    I think that the hon. Gentleman may agree that that Act does not apply in this case, but he has made an attempt to meet our points and he has drafted this Amendment. Although I believe that the Minister set out to meet our case, my advisers tell me that he has not solved the problem at all.

    The only duty the Government Amendment provides is the duty on the Board to keep the canals in repair. Orders to repair a canal have been issued very rarely—only five times this century. But that is the only positive provision in the Amendment. The hon. Gentleman has not solved the problem of action for damages. If someone is hurt on a canal, there is no legal right to sue the Board and receive damages. We thought that he would try to solve that problem, but he has not done so. All he has done is bring in this rare form. The system whereby a local authority is liable if someone trips, for example, on a paving stone and injures himself, is the sort of solution which would have been more satisfactory in this case.

    If the Bill goes through in its present form, it will permit the Board to contract out of all liability. I hope that the hon. Gentleman will look at this again. There is still time for him to find a better solution.

    Amendment No. 402, like Amendment No. 403, is essentially protective. We are trying to help the Government. The first three lines will protect the Board and attempt to achieve the Government's own stated purpose. It is the liability of the Board to maintain cruising waterways to a standard appropriate only to motor cruisers so we could have three feet for one sort of boat and five feet for another. It is surely better to maintain a waterway as we suggest than confine maintenance as the Government propose.

    The second part of Amendment No. 402 makes it clear that no additional duty shall be imposed on the Board by subsection (1). This covers special facilities for cruising craft which the Board is not bound to supply. That is surely in keeping with the Government's expressed intention in the White Paper.

    Amendment No. 405 also attempts to protect the Board. It would provide that subsection (1) would not mean an extra liability on it. Amendments Nos. 405 and 406 depend on Amendment No. 408 and assume that the existing law continues to apply. Subsection (1) would not increase the Board's liability to the public. The Minister recognised earlier the words
    "… to which the Board would not otherwise be subject"
    which also apply to other nationalised industries where necessary, and they have been included in our Amendments.

    Amendment No. 408 is of fundamental importance. The alteration it proposes would preserve public rights over commercial and cruising waterways. I hope that the hon. Gentleman will reconsider this point. The abolition of public rights was not White Paper policy. Indeed, it is the exact opposite of what the Government then said. It is pointless in the case of commercial and cruising waterways as general policy to involve unnecessary compensation and is inconsistent with the all-party policy towards access to the countryside and other rights of way. There is nothing archaic about this branch of the law. Nor has it been abused other than by non-observance since 1947, when the law was changed.

    Amendment No. 409 refers to waterways where the Board does not own the soil over which the water flows.

    There are a number of examples. There is the Kennet, where the mills own the millponds, but the public has a right of way. There is the Severn and the Trent, which have locks owned by the Board, but which owns nothing else. In Somerset, the Board owns nothing on the River Tone other than some ancient navigation duties, long since neglected. We seek to secure the public right where the Board does not own the soil. These Amendments attempt to be helpful. I hope that the question of the public right to use waterways—

    I do not understand the complaint that the hon. Gentleman is making. As to actions for damages, they are possible in the usual way at common law, and there is occupiers' liability. There is no difference between this and any other public property. Would he state what case he has in mind, or the particular complainant, because we would be glad to look into it?

    I had hoped that I had made this clear, that under the wording of the Clause, even as amended, the public have no rights. We discussed this in Committee in great detail, and I thought that the Minister accepted our point, and intended to find a way of solving the problem. That is how I read his speech, and I am sorry that he has not done this. I have quoted the one case, which is a limited one, and I would like him to have another look at this.

    Amendment No. 404 suffers as much as other modern legislation, from shocking drafting. Not only in this legislation, but in a great many other Acts, the wording is such that one can read and re-read them and still fail to understand what is meant.

    This Amendment is no exception. I listened carefully to what the Minister said, but he did not refer to the point at all. He gave us an interesting disserta- tion upon the position of canals throughout the country. I did not think it right to interrupt, and suggest that he was out of order, but what he was not doing was explaining the legal position of those who may consider, rightly or wrongly, that they have actions against the Board after this part comes into effect. He has made the task of those who advise him much more difficult by this, and I ask him to take another look at it to make sure that people can understand it.

    The Minister did not help us with his explanation. I know, as any lawyer knows, that there is a right under the Occupiers' Liability Act. That is not referred to here. Suppose that there has been a breach of statutory duty, under this Measure, by the occupiers of a particular type of waterway as defined under the Bill. Suppose a bank collapses and one's cabin cruiser goes into a field, injuring a large number of people. Has one a right under this Bill to bring an action under the Statute? If one has, then the words which you did not read out Mr. Speaker, in this Amendment— and I do not blame you because the wording is so long—mean that the Minister can say that he does not think that one ought to have been on the waterway, and so he will make an Order, while the action is pending, to put that waterway into the category of "the remainder"of canals and waterways.

    The action fails because the law is changed during the course of it. Whatever the duties of those who own or occupy waterways may be, whether they are waterway occupiers, gas operators, electricity boards or railway boards, the law should not be changed during the course of an action. One does not change the rules of a football match during the course of a game. That is the position under this form of wording which the Minister is asking the House to approve. Basically, I believe that the Minister wants to do the right thing, but he has got it wrong in this Amendment. In voting against this, as I hope to be able to do, I shall not be voting against what the Minister wants to do but against the wording in this Amendment which gets it all wrong.

    The hon. and learned Gentleman may criticise the wording, but the point we have established here, as a concession, is that the maintenance obligations of the Board in relation to the cruising and commercial networks should be enforceable in the courts. I am advised that that is what the Amendment means. He referred to the Minister's powers to make an Order, but he will see that the Minister has to adopt a procedure which is challengeable in Parliament. He is implying that Parliament would approve it.

    I would have thought that the hon. and learned Gentleman would recognise, on reflection, although he may not like the legal rigmarole involved, that we are trying to establish that the maintenance duty should be enforceable in the courts, which is really what he wants.

    I said before that I think that the Minister and I basically want the same thing, but he has not got it. There is a Guillotine on this Clause. These complicated matters should have proper time for discussion. If there was more time, I would read out the wording of the Amendment. It is rather lengthy so I will not waste the valuable time of the House by reading it now. The Minister would have the power to make an order during the course of an action changing the character of a waterway from one class to another, and there are three classes. The duties relating to those three classes vary. If the Minister downgrades a particular waterway during the period of an action the person who has properly brought that action may find himself out of court.

    Time is short and others wish to speak. I ask the Minister to look at this again. While his ideas may be right, I believe that he has it wrong this time. I hope, therefore, that the House will knock this Amendment out, leaving the Minister to do what the House wants him to do in simple words so that people will understand.

    I should like to express my gratitude to the Minister of State for moving this Amendment. By so doing, and restoring the rights of litigation to lovers of inland waterways, he has met many of their major preoccupations.

    I venture to comment on some of the figures he used in illustrating his argument. He said that there is to be a subsidy of £300,000 to £400,000 a year from the Waterways Board for the maintenance of waterways. He also said that only 50,000 people were using the waterways for holidays. That figure of 50,000 will be greatly increased if the Waterways Board pursues its policy vigorously. But the subsidy is trifling in relation to this vital national asset. We must think twenty years ahead. We are told, the population will increase to 74 million and automation will bring the 30-hour week.

    It has been proved by an international council on sport and physical education, of which I have the honour to be the chairman and which has consultative status with U.N.E.S.C.O., that physical recreation retards senile decay and maintains productive capacity in the human body. In view of these considerations, and since the inland waterways are used not only for holidays but at every weekend for rowing, sailing, fishing and swimming, it is a very small contribution if the taxpayer provides only £300,000.

    I hope that the Minister will think of these considerations.

    I am not entirely happy with the Minister of State's speech. He has gone a long way to meet our concern, expressed in Committee, about the effects of the Clause on the ordinary citizen's rights of litigation against the Waterways Board, and that the rights under the 1962 Act for a temporary period, which was subsequently extended, might be wiped out by certain phrases in the original drafting.

    We are both tired, but I was impressed by how he advanced his argument. However, although he was doing everything he could to meet our points, I do not think that the Amendments meet them. He has gone a long way over the cruising and commercial waterways which will be a responsibility of the Board so long as they operate, but the difficulty arises over those which will cease to operate, perhaps without being the subject of a closure.

    Any existing right of action is occasionally enforced. I gave the example in Committee of a disused canal close to my house in Cornwall which, under the existing Acts, I was able to compel the Great Western Railway to clear to prevent flooding of my land. These enforceable provisions are essential, particularly as these waterways become more and more derelict.

    I am concerned that the point has still not been entirely met. I am hesitant to advise my right hon. and hon. Friends to vote against the Amendments because I recognise that the hon. Gentleman has genuinely sought to meet our points. I am afraid, however—all my advice in the last couple of days confirms this—that, despite his good intentions, they have not been carried out by the Ministry's draftsmen. I hope that he will agree to reconsider the Amendments and introduce them in a different form in another place, which would enable him to meet the points on which he has genuinely sought to accommodate the House.

    10.30 p.m.

    Some hon. Members opposite are not being as gracious as they might have been about the extent to which the Minister has gone to meet them. I did not have the privilege of serving on Standing Committee and I have not the same advantage in regard to the matters raised at that time. Clearly, the Minister has gone a long way.

    I have some doubt whether the cumbersome procedure of the courts which the Amendment proposes is altogether suitable. Court procedure is a very suitable mechanism for restraining people from doing things they should not do, but it is not so effective in directing them to do something which they do not want to do. I can envisage a situation in which there will be long arguments as to what constitutes a serious failure by the Board. Therefore, although this Amendment no doubt is well-intentioned, ironically I criticise it from the opposite point of view from some hon. Members because it may expose the Board to a certain amount of unnecessary harassment.

    I sympathise with the comments of the hon. and learned Member for Surrey, East (Mr. Doughty) on terminology. I am not necessarily an admirer of Ernest Gowers, but some legal draftsmen might be asked to do a course in plain words, or at any rate recognise that there is some virtue in short sentences. Even after doodling over these two subsections for several minutes, excluding all the supporting clauses, inching in only main verbs and subjects and objects, I find both of them exceedingly difficult to understand.

    However, there is a point of substance, apart from questions of text, in the first subsection. What do we mean by the term "significant length" of any waterway? No doubt this is intended by the Minister to be generously interpreted, but it is a question-begging phrase. One would rather it were expressed in a minimum length, or perhaps better still in terms of a percentage. No definition will be perfect, but it is as imprecise a phrase as one could expect to find in a definition of this kind. The Minister is to be congratulated on having gone a long way to meet the objections many people felt about it.

    I should like to join with the hon. and learned Member for Surrey, East in his strictures on the second subsection. This is obviously not intended, but it would be a most bizarre situation if, in the midst of court proceedings, a Minister were able to intervene and alter the law with regard to which the action was being taken. There is an inevitable uncertainty about litigation, and however clearly things are defined there is an irreducible minimum of uncertainty which one has to face. It is a different matter when one sees a power specifically granted which would allow the basis of law to be altered, which, in fact, encourages a Minister, if he is so minded, to alter the law to divest himself of an embarrassing action.

    I do not suggest that any Minister will set out to avoid the consequences on the part of the Board. If I understand the Clause correctly—and I am not sure that I do, because it is so peculiarly worded —it vests in the Minister power to do just that. Although I congratulate the Minister on having gone this far, I hope that, for the sake of good English and clarity, he will reconsider subsection (6).

    There is obviously much indecision and uncertainty about the meaning of the Clause as amended. I suggest that the Minister gets his legal advisers to consult the legal advisers of the Inland Waterways Association to see whether some clarification can be introduced. The Minister did not help by making a woolly speech, holding up his hands in horror and saying that we could not have public funds subsidising canal users for holidays—

    —and this at a time when British Railways are being subsidised by the taxpayer to the tune of £150 million a year and are still running holiday excursion trains.

    I will not give way. [HON. MEMBERS: "Shame."] I wish to be brief.

    I still do not know what the Minister meant when he said earlier that the Grand Union Canal was classified as a cruising waterway. It is still used commercially and, if it was classified as a commercial waterway, is the power of local authorities—to object to the standards of maintenance as not being adequate—safeguarded by the Bill?

    I said that we were subsidising those who used the cruising waterways and that we proposed to con- tinue to do so. I wished to make plain the facts about the extent of the subsidy because it is realistic for the House to face the financial facts and the implications of the proposals being made to maintain the country's canals.

    The hon. Gentleman clearly said that no holidaymaker could expect help for canals at the taxpayers' expense.

    I trust that the hon. Gentleman will check precisely what he said in tomorrow's OFFICIAL REPORT.

    Not only is the Government Amendment badly drafted, but it introduces two dangerous principles and thereby creates an unwise precedent. The hon. Member for Reading (Mr. John Lee) highlighted some of the more foolish drafting aspects of the Amendment. He pointed out that, to begin with, the applicant or plaintiff in the High Court must prove that there is

    "… a significant length of any waterway …"
    The word "significant" is a relative term and does not appear in any legal dictionary. What is significant to one court will not be significant to another. It might be an inch, a foot or a yard and it is intolerable that any applicant should have to try to establish
    "… a significant length of any waterway…"
    Then the wretched applicant must show that there has been
    "… a serious failure by the Board to discharge the duty imposed on them…"
    Here again, the draftsman has included a relative term, and both of these qualifications are unnecessary.

    The Minister must realise that because these proceedings will be in the High Court, they will be expensive. Even if the applicant is successful in presenting his case, the costs will be discretionary. This is, of course, a valuable weapon, for we do not want a litigious person to make a stupid claim against the Board. A person making a claim will run the double peril of meeting his own costs and those of the Board. That is sanction enough. It is, therefore, unnecessary to include the words "significant" and "serious", which do not appear in any well-drafted legislation. The word "significant" is new to legislation.

    The hon. Member for Central Ayrshire (Mr. Manuel) remembers very well how grateful he was on the Standing Committee on the Land Commission Bill to have one or two lawyers opposite to guide him.

    I said quite sincerely that the hon. Member for Worcester (Mr. Peter Walker) had had the advice of his two legal friends who are giving him the benefit of their legal expertise tonight, but I do not think that the hon. Gentleman would want to impose too much on them.

    Once the applicant has overcome these two obstacles there is a third. A dangerous principle which has been introduced by the Government. The Minister may give notice to the Waterways Board that he is considering making an Order that will alter the duty of the Board to maintain the waterway or to close it altogether. The Amendment provides that the court shall not make an order in respect of the waterway if that notice has been given. In other words, the jurisdiction of the High

    Division No. 199.]

    AYES

    [10.44 p.m.

    Albu, AustenCallaghan, Rt. Hn. JamesDunn, James A.
    Allaurt, Frank (Salford, E.)Cant, R. B.Dunnett, Jack
    Alldritt, WalterCarmichael, NeilDunwoody, Mrs. Gwyneth (Exeter)
    Allen, ScholefieldCarter-Jones, LewisDun woody, Dr. John (F'th & C'b'e)
    Anderson, DonaldCastle, Rt. Hn. BarbaraEadie, Alex
    Archer, PeterChapman, DonaldEdelman, Maurice
    Armstrong, ErnestCoe, DenisEdwards, Robert (Bilston)
    Atkins, Ronald (Preston, N.)Coleman, DonaldEdwards, William (Merioneth)
    Bacon, Rt. Hn. AliceConcannon, J.D.Ellis, John
    Bagier, Gordon A. T.
    Barnes, MichaelConlan, BernardEnglish, Michael
    Barnett, JoelCorbet, Mrs. FredaEnnals, David
    Baxter, WilliamCraddock, George (Bradford, S.)Ensor, David
    Bence, CyrilCrawshaw, RichardEvans, Albert (Islington, S. W.)
    Benn, Rt. Hn. Anthony WedgwoodCronin, JohnEvans, Gwynfor (C'marthen)
    Bennett, James (G'gow, Bridgeton)Crosland, Rt. Hn. AnthonyEwing, Mrs. Winifred
    Binns, JohnCrossman, Rt. Hn. RichardFaulds, Andrew
    Bishop, E. S.Cullen, Mrs. AliceFitch, Alan (Wigan)
    Blackburn, F.Dalyell, TamFletcher, Ted (Darlington)
    Blenkinsop, ArthurDavidson, Arthur (Accrington)Foley, Maurice
    Boardman,H. (Leigh)Davies, G. Elfed (Rhondda, E.)Foot, Rt. Hn. Sir Dingle (Ipswich)
    Booth, AlbertDavies, Dr. Ernest (Stretford)Foot, Michael (Ebbw Vale)
    Boyden, JamesDavies, Harold (Leek)Forrester, John
    Braddock, Mrs. E. M.Davies, Ifor (Gower)Fowler, Gerry
    Bradley, Tomde Freitas, Rt. Hn. Sir GeoffreyFraser, John (Norwood)
    Brooks, EdwinDelargy, HughFreeson, Reginald
    Broughton, Dr. A. D. D.Dell, EdmundGalpern, Sir Myer
    Brown, Hugh D. (G'gow, Provan)Dempsey, JamesGardner, Tony
    Brown, Bob (N'c'tle-upon-Tyne, W.)Dewar, DonaldGarrett, W. E.
    Brown, R. W. (Shoreditch & F'bury)Diamond, Rt. Hn. JohnGourlay, Harry
    Buchan, NormanDickens, JamesGray, Dr. Hugh (Yarmouth)
    Buchanan, Richard (G'gow, Sp'busrn)Dobson, RayGreenwood, Rt. Hn. Anthony
    Butler, Herbert (Hackney, C.)Doig, PeterGregory, Arnold
    Butler, Mrs. Joyce (Wood Green)Driberg, TomGrey, Charles (Durham)

    Court is excluded before any Ministerial Order is made.

    Thus, if the High Court is informed by the Waterways Board that the Minister contemplates a change in the law— not that he has made a change in the law, but merely contemplates it—then the High Court is precluded from hearing the action. Does the Minister realise that he has introduced this principle? It is a novel doctrine, there is no precedent for it, it is thoroughly dangerous and I hope that he will abandon it.

    There is another dangerous precedent that he has introduced in the Amendment. The Minister can change the law by making this Order, but if the cause of action were to begin, say, today, it would be some months before it could be heard in the High Court. If there is to be a change in the law between now and the hearing, the court at the time of the hearing will be precluded from reaching a finding on the complaint when the hearing takes place. Clearly, that is thoroughly harsh and wholly wrong, and I hope that the Minister of State will reconsider it.

    Question put, That the Amendment be made: —

    The House divided: Ayes 262, Noes 223.

    Griffiths, David (Rother Valley)McKay, Mrs. MargaretReynolds, G. W.
    Griffiths, Rt. Hn. James (Llanetly)Mackenzie, Gregor (Rutherglen)Rhodes, Geoffrey
    Gunter, Rt. Hn. R. J.Mackintosh, John p.Richard, Ivor
    Hamling, williamMaclennan, RobertRobertson, John (Paisley)
    Harnnan, WilliamMcMillan, Tom (Glasgow, C.)Robinson, Rt. Hn. Kenneth (St.P'c'as)
    Harper, JosephMcNamara, J. KevinRobinson, W. O. J. (Walth'stow, E.)
    Harrison, Walter (Wakefield)MacPherson, MalcolmRodgers, William (Stockton)
    Haseldine, NormanMahon, Simon (Bootle)Roebuck, Roy
    Hattersley, RoyMallalieu, E. L. (Brigg)Rose, Paul
    Hazell, BertMallalieu, J.P. W. (Huddersfield, E.)Ross, Rt. Hn. William
    Henig, StanleyManuel, ArchieShaw, Arnold (Ilford, S.)
    Hooley, FrankMarks, KennethSheldon, Robert
    Houghton, Rt. Hn. DouglasMarquand, DavidShore, Rt. Hn. Peter (Stepney)
    Howarth, Harry (Weltingborough)Marsh, Rt. Hn. RichardShort, Rt. Hn. Edward(N'c'tle-u-Tyne)
    Howarth, Robert (Bolton, E.)Mason, Rt. Hn. RoySilkin, Rt. Hn. John (Deptford)
    Howie, W.Mayhew, ChristopherSilkln, Hn. S. C. (Dulwich)
    Hoy, JamesMendelson, J. J.Silverman, Julius (Aston)
    Huckfield, LeslieMikardo, IanSlater, Joseph
    Hughes, Rt. Hn. Cledwyn (Anglesey)Millan, BruceSmall, William
    Hughes, Emrys (Ayrshire, S.)Miller, Dr. M. S.Snow, Julian
    Hughes, Roy (Newport)Milne, Edward (Blyth)Spriggs, Leslie
    Hunter, AdamMitchell, R. C. (S'th'pton, Test)Stewart, Rt. Hn. Michael
    Hynd, JohnMorgan, Elystan (Cardiganshire)Stonehouse, John
    Irvine, Sir Arthur (Edge Hill)Morris, Alfred (Wythenshawe)Strauss, Rt. Hn. G. R.
    Jackson, Cotin (B'h'se & Spenb'gh)Morris, Charles R. (Openshaw)Summerskill, Hn. Dr. Shirley
    Jay, Rt. Hn. DouglasMorris, John (Aberavon)Swain, Thomas
    Jeger, Mrs.Lena (H'b'n & St.P'cras, S.)Moyle, RolandSwingler, Stephen
    Jenkins, Hugh (Putney)Neal, HaroldTaverne, Dick
    Jenkins, Rt. Hn. Roy (Stechford)Newens, StanThomas, Rt. Hn. George
    Johnson, James (K'ston-on-Hull, W.)Noel-Baker, Rt. Hn. Philip (Derby, S.)Thomson, Rt. Hn. George
    Jones, Dan (Burnley)Norwood, ChristopherThornton, Ernest
    Jones, Rt. Hn. Sir Erwyn (W.Ham, S.)Ogden, EricTinn, James
    Jones, J. Idwal (Wrexham)O'Malley, BrianTomney, Frank
    Jones, T. Alec (Rhondda, West)Orme, StanleyUrwin, T. W.
    Judd, FrankOswald, ThomasVarley, Eric G.
    Kelley, RichardOwen, Dr. David (Plymouth, S'tn)Walden, Brian (All Saints)
    Kerr, Mrs. Anne (R'ter A Chatham)Owen, Will (Morpeth)Walker, Harold (Doncaster)
    Kerr, Russell (Feitham)page, Derek (King's Lynn)Watkins, David (Consett)
    Lawson, GeorgePaget, R. T.Watkins, Tudor (Brecon & Radnor)
    Ledger, RonPalmer, ArthurWellbeloved, James
    Lee, John (Reading)Park, TrevorWhitlock, William
    Lestor, Miss JoanParker, John (Dagenham)Williams, Alan (Swansea, W.)
    Lever, Harold (Cheetham)Parkin, Ben (Paddington, N.)Williams, Alan Lee (Hornchurch)
    Lewis, Ron (Carlisle)Parkyn, Brian (Bedford)Williams, Clifford (Abertillery)
    Lipton, MarcusPavitt, LaurenceWilliams, Mrs. Shirley (Hitchin)
    Lomas, KennethPearson, Arthur (Pontypridd)Willis, Rt. Hn. George
    Loughin, CharlesPeart, Rt. Hn. FredWilson, William (Coventry, S.)
    Lyon, Alexander W. (York)Pentland, NormanWinnick, David
    Lyons, Edward (Bradford, E.)Perry, Ernest G. (Battersea, S.)Woodburn, Rt. Hn. A.
    Mabon Dr. J. DicksonPerry, George H. (Nottingham, S.)Woof, Robert
    McBridge, NeilPrentice, Rt. Hn. R. E.Wyatt, Woodrow
    MacColl, JamesPrice, Thomas (Westhoughton)Yates, Victor
    MacDermot, NiallProbert, AruthurTELLERS FOR THE AYES
    Mac Donald A. H.Rankin, JohnMr. John McCann and
    McGuire, MichaelRees, MerlynMr. loan L. Evans

    NOES

    Allson, Michael (Barkston Ash)Bromley-Davenport,Lt.-Col.Sir Walterd'Avigdor-Goldsmid, sir Henry
    Allason, James (Hemel Hempstead)Brown, Sir Edward (Bath)Dean, Paul (Somerset, N.)
    Astor, JohnBruce-Gardyne, J.Deedes, Rt. Hn. W. F. (Ashford)
    Atkins, Humphrey (M't'n & M'd'n)Bryan, PaulDigby, Simon Wingfield
    Awdry, DanielBuchanan-Smith, Alick (Angus, N & M)Dodds-Parker, Douglas
    Baker, Kenneth (Acton)Buck, Antony (Colchester)Doughty, Charles
    Baker, W. H. K. (Banff)Bullus, Sir EricDrayson, G. B.
    Bainlel, LordBurden, F. A.du Cann, Rt. Hn. Edward
    Batsford, BrianCampbell, GordonEden, Sir John
    Beamish, Col. Sir TuftonCarr, Rt. Hn. RobertElliot, Capt. Walter (Carshalton)
    Bell, RonaldCary, Sir RobertEmery, Peter
    Berry, Hn. AnthonyChichester-Clark, R.Errington, Sir Eric
    Bessell, PeterClark, HenryEyre, Reginald
    Biffen, JohnClegg, WalterFarr, John
    Biggs-Davison, JohnCooke, RobertFisher, Nigel
    Black, Sir CyrilCooper-Key, Sir NeillFletcher-Cooke, Charles
    Blaker, PeterCorfield, F. V.Fortescue, Tim
    Boardman, Tom (Leicester, S.W.)Costain, A. P.Foster, Sir John
    Body, RichardCrouch, DavidGalbraith, Hn. T. G.
    Bossom, Sir CliveCrowder, F. P.Gibson-Watt, David
    Boyd-Carpenter, Rt. Hn. JohnCunningham, Sir KnoxGiles, Rear-Adm. Morgan
    Boyle, Rt. Hn. Sir EdwardCurrie, G. B. H.Gilmour, Ian (Norfolk, C.)
    Braine, BernardDalkeith, Earl ofGilmour, Sir John (Fife, E.)
    Brewis, JohnDance, JamesGlyn, Sir Richard
    Brinton, Sir TattonDavidson, James (Aberdeenshire, W.)Godber, Rt. Hn. J. B.

    Goodhart, PhilipLegge-Bourke, Sir HarryRenton, Rt. Hn. Sir David
    Goodhew, VictorLewis, Kenneth (Rutland)Rhys Williams, Sir Brandon
    Cower, RaymondLloyd,Rt.Hn.G6offrey(Sut'nC'dfield)Ridley, Hn. Nicholas
    Grant, AnthonyLloyd, Ian (P'tsm'th, Langstone)Rodgers, Sir John (Sevenoaks)
    Grant-Ferris, R.Lubbock, ErieRossi, Hugh (Hornsey)
    Gresham-Cooks, R.McAdden, sir StephenRoyle, Anthony
    Grieve, PercyMacArthur, IanRussell, Sir Ronald
    Griffiths, Eldon (Bury St. Edmunds)Macleod, Rt. Hn. lainSt. John-Stevas, Norman
    Grimond, Rt. Hn. J.McMaster, StanleyScott, Nicholas
    Gurden, HaroldMacmillan, Maurice (Farntham)Scott-Hopkins, James
    Hall, John (Wyoombe)Maddan, MartinSharpies, Richard
    Hall-Davis, A. G. F.Maginnis, John E.Shaw, Michael (Sc'b'gh & Whitby)
    Hamilton, Michael (Salisbury)Marples, Rt. Hn. ErnestSilvester, Frederick
    Harris, Frederic (Croydon, N.W.)Marten, NeilSinclair, Sir George
    Harrison, Brian (Maldon)Maude, AngusSmith, Dudley (W'wick & L'mington)
    Harrison, Col. Sir Harwood (Eye)Mawby, RaySmith, John (London & W'minster)
    Harvey, Sir Arthur VereMills, Peter (Torrington)Speed, Keith
    Harvie Anderson, MissMills, Stratton (Belfast, N.)Stainton, Keith
    Hastings, StephenMiscampbell, NormanStodart, Anthony
    Hawkins, PaulMitchell, David (Basingstoke)Stoddart-Scott, Col. Sir M. (Ripon)
    Heald, Rt. Hn. Sir LionelMonro, HectorTapsell, Peter
    Heath, Rt. Hn. EdwardMontgomery, FergusTaylor, Sir Charles (Eastbourne)
    Heseltira, MichaelMore, JasperTaylor, Edward M. (G'gow, Cathcart)
    Higgins, Terence L.Morrison, Charles (Devizes)Taylor, Frank (Moss Side)
    Hiley, JosephMott-Radclyffe, Sir CharlesTeeling, Sir William
    Hill, J. E. B.Munro-Lucas-Tooth, Sir HughTemple, John M.
    Hogg, Rt. Hn. QuintinMurton, OscarThatcher, Mrs. Margaret
    Holland, PhilipNeave, AireyThorpe, Rt. Hn. Jeremy
    Hooson, EmlynNicholls, Sir HarmarTurton, Rt. Hn. R. H.
    Hordern, PeterNoble, Rt. Hn. Michaelvan Strauhenzee, W. R.
    Hornby, RichardNott, JohnVaughan-Morgan, Rt. Hn. Sir John
    Howell, David (Guildford)Onslow, CranleyVickers, Dame Joan
    Hunt, JohnOrr, Capt. L. P. S.Wainwright, Richard (Colne Valley)
    Hutchison, Michael ClarkOrr-Ewing, Sir IanWalker, Peter (Worcester)
    Iremonger, T. L.Page, Graham (Crosby)Wall, Patrick
    Irvine, Bryant Godman (Rye)Page, John (Harrow, W.)Walters, Dennis
    Jenkin, Patrick (Woodford)Pardoe, JohnWebster, David
    Johnston, Russell (Inverness)Pearson, Sir Frank (Clitheroe)Whitelaw, Rt. Hn. William
    Jones, Arthur (Northants, S.)Peel, JohnWilliams, Donald (Dudley)
    Kaberry, Sir DonaldPercival, IanWills, Sir Gerald (Bridgwater)
    Kerby, Capt. HenryPeyton, JohnWilson, Geoffrey (Truro)
    Kershaw, AnthonyPike, Miss MervynWinstanley, Dr. M. P.
    Kim ball, MarcusPink, R. BonnerWolrige-Gordon, Patrick
    King, Evelyn (Dorset, S.)Pounder, RaftonWood, Rt. Hn. Richard
    Kirk PeterPowell, Rt. Hn. J. EnochWorsley, Marcus
    Kitson, TimothyPrice, David (Eastleigh)Wylie, N. R.
    Knight, Mrs. JillPrior, J. M. L.Younger, Hn. George
    Lambton, ViscountQuennell, Miss J. M.TELLERS FOR THE NOES:
    Lancaster, ViscountRamsden, Rt. Hn. JamesMr. R. W. Elliott and
    Lane, DavidRawlinson, Rt, Hn. Sir PeterMr. Bernard Weatherill.

    I beg to move Amendment No. 562, in page 130, line 46, at end insert:

    Provided that where substantial parts of any such waterway consist of a river nothing in this subsection shall have the effect of preventing the recreational use as of right by the public in small manually-propelled boats of such parts of the waterway as have not been artificially constructed.
    The point raised by this Amendment may appear to be a minor one, but I think it of some importance. The waterways which are comprised in the undertaking of the Board include not only canals, but river navigations such as the Trent, the Lee, the Soar and Stort navigations.—[Interruption.]

    (Mr. Sydney Irving): Order. I am listening to the hon. Member. I hope that the House will do so also.

    By Schedule 12, these are described as either "commercial" or "cruising" waterways, but there are probably others included in what is described in Clause 99(l)(c) as "the remainder ". Although the difficulty that the Amendment tries to cover does not arise on commercial or cruising waterways, the Minister is taking power to move waterways from one category to another—from either named category to "the remainder". The result would be that unless something is done to subsection (7) these waterways will revert to private status and any craft using them would be trespassing.

    I presume that the Minister will not transfer river navigation from the active category to "the remainder" while they are used either for commercial craft or powered pleasure craft, but no account appears to have been taken of the use of the river for recreational purposes by small manually-propelled boats, skiffs, canoes and so on. No objection is taken to the removal by paragraph (b) of the duty to maintain, but the right of passage should not be taken away.

    In other legislation, such as the Countryside Bill, the Government are furthering the recreational use of waterways and making it possible to improve access to them. it is surprising that this Maesure appears to ignore this completely, except in relation to powered pleasure cruisers. Consideration should be given to the small manually-propelled boats, skiffs, and so on.

    I am very sorry that I must give my hon. Friend unhappy news. He mentioned the possibilities of navigating small craft on natural rivers, but any existing right to navigate with small manually-propelled boats on rivers would normally be common law rights and not rights arising under the local enactment. The Clause does not bite on the common law rights. Subsection (10) makes provision for the Board to license any navigation previously sanctioned by the abrogated navigation rights.

    Any fear that small craft will, because of the Clause, be unable to navigate any of the natural water courses in the Board's system is groundless. Perhaps my hon. Friend can take some comfort from that. The statutory rights dealt with

    Division No. 200.]

    AYES

    [11.0 p.m.

    Alison, Michael (Barkston Ash)Buck, Antony (Colchester)Errington Sir Eric
    Allason, James (Hempstead)Bullus, Sir EricFair, John
    Astor, JohnBurden, F. A.Fisher, Nigel
    Atkins, Humphrey (M't'n & M'd'n)Campbell, GordonFletcher-Cooke, Charles'
    Awdry, DanielCarr, Rt. Hn. RobertFortescue, Tim
    Baker, Kenneth (Acton)Cary, Sir RobertFoster, Sir John
    Baker, W. H. K. (Banff)Chichester-Clark, R.Galbraith, Hn. T. G.
    Balniel, LordClark, HenryGibson-Watt, David
    Batsford, BrianClegg, WalterGiles, Rear-Adm. Morgan
    Beamish, Col. Sir TuftonCooke, RobertGilmour, Ian (Norfolk, C.)
    Bell, RonaldCooper-Key, Sir NelliGilmour, Sir John (Fife, E.)
    Berry, Hn. AnthonyCorfield, F. V.Glyn, Sir Richard
    Bessell, PeterCostain, A. P.Godber, Rt. Hn. J. B.
    Biffen, JohnCrouch, DavidGoodhart, Philip
    Biggs-Davison, JohnCrowder, F. P. Goodhew, Victor
    Black, Sir CyrilCunningham, Sir KnoxGower, Raymond
    Blaker, PeterCurrie, G. B. H.Grant, Anthony
    Boardman, Tom (Leicester, S. W.)Dalkelth, Earl of Grant-Ferris, R.
    Body, RichardDance, JamesGresham Cooke, R.
    Bossom, Sir CliveDavidson, James(Aberdeenshire, W.)Grieve, Percy
    Boyd-carpenter, Rt. Hn. JohnDean, Paul (Somerset, N.)Griffiths, Eldon (Bury St. Edmunds)
    Boyle, Rt. Hn. Sir EdwardDeedes, Rt. Hn. W. F. (Ashford)Grimond, Rt. Hn. J.
    Braine, BernardDigby, Simon WingfieldGurden, Harold
    Brewis, JohnDodds-Parker, DouglasHall, John(Wycombe)
    Brinton, Sir TattonDoughty, CharlesHall-Davis, A. G. F.
    Bromley-Davenport, Lt.-Col. Sir WalterDrayson, G. B.Hamilton, Michael (Salisbury)
    Brown, Sir Edward (Bath)du Cann, Rt. Hn. EdwardHarris, Frederic (Croydon, N.W.)
    Bruce-Gardyne, J.Eden, Sir JohnHarrison, Brian (Maldon)
    Bryan, PaulElliot, Capt. Walter (Carshalton)Harrison, Col. Sir Harwood (Eye)
    Buchanan-Smith, Allick(Angus, N & M)Emery, PeterHarvey, Sir Arthur Vere

    in the Clause are, in general, not rights relating to navigation by small manually-propelled boats but rights relating to freight-carrying vessels.

    The phrase "manually-propelled small boats" in the Amendment is a very imprecise definition. There is no real restriction on these boats in the waterways of the Board. The Clause relates to navigation rights.

    For the reasons I have given, I ask the House to reject the Amendment.

    On a point of order. I did not hear a single word of the hon. Member for Lewisham, South (Mr. Carol Johnson) in moving the Amendment, and I did not understand a single word of what the Minister said in reply. Is, it right that a Division should be called under those circumstances?

    Order. I believe that the House would wish to proceed to a Division, and I am required by the Order to put the Question.

    It being Eleven o'clock, Mr. DEPUTY SPEAKER, proceded, pursuant to Orders, to put forthwith the Question already proposed from the Chair.

    Question put. That the Amendment be made: —

    The House divided: Ayes 225 Noes 260.

    Harvie Anderson, MissMarples, Rt. Hn. ErnestSt. John-Stevas, Norman
    Hastings, StephenMarten, NeilScott, Nicholas
    Hawkins, PaulMaude, AngusScott-Hopkins, James
    Heald, Rt. Hn. Sir LionelMawby, RaySharpies, Richard
    Heath, Rt. Hn. EdwardMills, Peter (Torrington)Shaw, Michael (Sc'b'gh & Whitby)
    Heseltine, MichaelMills, Stratton (Belfast, N.)Silvester Frederick
    Higgins, Terence L.Miscampbell, NormanSinclair, Sir George
    Hiley, JosephMitchell, David (Basingstoke)Smith, Dudley (W'wick & L'mington)
    Hill, J. E. B.Monro, HectorSmith, John (London & W'minster)
    Hogg, Rt. Hon. QuintinMontgomery, FergusSpeed, Keith
    Holland, PhilipMore, JasperStalnton, Keith
    Hooson, EmlynMorrison, Charles (Devizes)Steel, David (Roxburgh)
    Hordern, PeterMott-Radcliffe, Sir CharlesStodart, Anthony
    Hornby, RichardMunro-Lucas-Tooth, Sir HughStoddart-Scott Col. Sir M. (Ripon)
    Howell, David (Guildford)Murton, OscarTapsell, Peter
    Hunt, JohnNeave, AireyTaylor, Sir Charles (Eastbourne)
    Hutchison, Michael ClarkNicholls, Sir HarmarTaylor, Edward M.(G'gow, Cathcart)
    Iremonger, T. L.Noble, Rt. Hn. MichaelTaylor, Frank (Moss Side)
    Irvine, Bryant Godman (Rye)Nott, JohnTeeling Sir William
    Jenkin, Patrick (Woodford)Onslow, CranleyTemple, John M.
    Johnston, Russell (Inverness)Orr, Capt. L. P. S.Thatcher, Mrs. Margaret
    Jones, Arthur (Northants, S.)Orr-Ewing Sir lanThorpe, Rt. Hn. Jeremy
    Kaberry, Sir DonaldPage, Graham (Crosby)Turton, Rt. Hn. R. H.
    Kerby, Capt. HenryPage, John (Harrow, W.)van Straubenzee, W. R.
    Kershaw, AnthonyPardoe, JohsVaughan-Morgan, Rt. Hn. Sir John
    Kimball, MarcusPearson, Sir Frank (Clitheroe)Viewers, Dame Joan
    King, Evelyn (Dorset, S.)Peel, JohnWainwright, Richard (Come Valley)
    Kirk, PeterPercival, IanWalker, Peter (Worcester)
    Kitson, TimothyPeyton, JohnWall, Patrick
    Knight, Mrs. JillPike, Miss MervynWalters, Dennis
    Lambton, ViscountPink, R. BonnerWeatherill, Bernard
    Lancaster, Col. C. G.Pounder, RaftonWebster, David
    Lane, DavidPowell, Rt. Hn. J. EnochWhitelaw, Rt. Hn. William
    Legge-Bourke, Sir HarryPrice, David (Eastleigh)Williams, Donald (Dudley)
    Lewis, Kenneth (Rutland)Prior, J. M. L.Wills Sir Gerald (Bridgwater)
    Lloyd, Rt. Hn. Geoffrey(Sut'nC'dfiled)Pym, FrancisWilson, Geoffrey (Truro)
    Lloyd, Ian (P'tsm'th, Langstone)Quennell, Miss J. M.Winstanley, Dr. M. P.
    Lubbock, EricRamsden, Rt. Hn. JamesWolrige-Gordon, Patrick
    McAdden, Sir StephenRawlinson, Ri. Hn. Sir PeterWood, Rt. Hn. Richard
    MacArthur, lanRenton, Rt. Hn. Sir DavidWoodnutt, Mark
    Maclean, Sir FitzroyRhys Williams, Sir BrandonWorsley, Marcus
    Macleod, Rt. Hn. lainRidley, Hn. NicholasWylie, N. R.
    McMaster, StanleyRodgers, Sir John (Sevenoaks)Younger, Hn. George
    Macmillan, Maurice (Farnham)Rossi, Hugh (Hornsey)TELLERS FOR THE AYES:
    Maddan, MartinRoyle, AnthonyMr. R. W. Elliott and
    Maginnis, John E.Russell, Sir RonaldMr. Reginald Eyre.

    NOES

    Albu, AustenCant, R. B.Dunwoody, Dr. John (F'th & C'b'e)
    Allaun, Frank (Salford, E.)Carmichael, NeilEadie, Alex
    Alldritt, WalterCarter-Jones, LewisEdelman, Maurice
    Allen, ScholefieldCastle, Rt. Hn. BarbaraEdwards, Robert (Bilston)
    Anderson, DonaldChapman, DonaldEdwards, William (Merioneth)
    Archer, PeterCoe, DenisEllis, John
    Armstrong, ErnestColeman, DonaldEnglish, Michael
    Atkins, Ronald (Preston, N.)Concannon, J. D.Ennals, David
    Bacon, Rt. Hn. AliceConlan, BernardEnsor, David
    Bagier, Gordon A. T.Corbet, Mrs. FredaEvans, Albert (Islington, S.W.)
    Barnes, MichaelCraddock, George (Bradford, S.)Evans, loan L. (Birm'h'm, Yardley)
    Barnett, JoelCrawshaw, RichardFaulds, Andrew
    Baxter, WilliamCronin, JohnFitch, Alan (Wigan)
    Bence, CyrilCrossman, Rt. Hn. RichardFletcher, Ted (Darlington)
    Benn, Rt. Hn. Anthony WedgwoodCullen, Mrs. AliceFoley, Maurice
    Bennett, James (G'gow, Bridge ton)Dalyell, TamFoot, Rt. Hn. Sir Dingle (Ipswich)
    Binns, JohnDavidson, Arthur (Accrington)Foot, Michael (Ebbw Vale)
    Bishop, E. S.Davies, Ednyfed Hudson (Conway)Forrester, John
    Blackburn, F.Davies, G. Elfed (Rhondda, E.)Fowler, Gerry
    Blenkinsop, ArthurDavies, Dr. Ernest (Stretford)Fraser, John (Norwood)
    Boardman, H. (Leigh)Davies, Harold (Leek)Freeson, Reginald
    Booth, AlbertDavies, Ifor (Gower)Galpern, Sir Myer
    Boyden, Jamesde Freitas, Rt. Hn. Sir GeoffreyGardner, Tony
    Braddock, Mrs. E. M.Delargy, HughGarrett, W. E.
    Bradley, TomDell, EdmundGourlay, Harry
    Brooks, EdwinDempsey, JamesGray, Dr. Hugh (Yarmouth)
    Broughton, Dr. A. D. D.Dewar, DonaldGreenwood, Rt. Hn. Anthony
    Brown, Hugh D. (G'gow, Provan)Diamond, Rt. Hn. JohnGregory, Arnold
    Brown, Bob(N'c'tle-upon-Tyne, W.)Dickens, JamesGriffiths, David (Rother Valley)
    Brown, R. W. (Shoreditch & F'bury)Dobson, RayGriffiths, Rt. Hn. James (Llanelly)
    Buchan, NormanDoig, PeterGunter, Rt. Hn. R. J.
    Buchanan, Richard (G'gow, Sp'burn)Driberg, TomHamling, William
    Butler, Herbert (Hackney, C.)Dunn, James A.Hannan, William
    Butler, Mrs. Joyce (Wood Green)Dunnett, JackHarper, Joseph
    Callaghan, Rt. Hn. JamesDunwoody, Mrs. Gwyneth (Exeter)Harrison, Walter (Wakefield)

    Haseldine, NormanMacPherton, MalcolmRobinson, Rt. Hn. Kenneth(St.P'c'as)
    Hattersley, RoyMallalieu, E. L. (Brigg)Robinson, W. O. J. (Walth'stow, E.)
    Hazeil, BertMallalieu, J.P.W.(Hudderfie1d,E.)Rodgers, William (Stockton)
    Healey, Rt. Hn. DenisManuel, ArchieRoebuck, Roy
    Henig, StanleyMarks, KennethRose, Paul
    Hooley, FrankMarquand, DavidRoss, Rt. Hn. William
    Howarth, Harry (Wellingborough)Marsh, Rt. Hn. RichardShaw, Arnold (llford, S.)
    Howarth, Robert (Bolton, E.)Mason, Rt. Hn. RoySheldon, Robert
    Howie, W.Mayhew, ChristopherShore, Rt. Hn. Peter (Stepney)
    Hoy, JamesMendelson, J. J.Short, Rt. Hn. Edward(N'c'tle-u-Tyne)
    Huckfield, LeslieMikardo, IanSilkin, Rt. Hn. John (Deptford)
    Hughes, Rt. Hn. Cledwyn (Anglesey)Millan, BruceSilkin, Hn. S. C. (Dulwich)
    Hughes, Emrys (Ayrshire, S.)Mller, Dr. M. S.Silverman, Julius (Aston)
    Hughes, Roy (Newport)Milne, Edward (Blyth)Slater, Joseph
    Hunter, AdamMitchell, R. C. (S'tt'pton, Test)Small, William
    Hynd, JohnMorgan, Elystan (Cardiganshire)Snow, Julian
    Irvine, Sir Arthur (Edge Hill)Morris, Alfred (Wythenshawe)Spriggs, Leslie
    Jackson, Colin (B'h'se & Spenb'gh)Morris, Charles R. (Openshaw)Stewart, Rt. Hn. Michael
    Jay, Rt. Hn. DouglasMorris, John (Aberavon)Stonehouse, John
    Jeger, Mrs. Lena(H'b'n&St.P'cras, S.)Moyle, RolandStrauss, Rt. Hn. G. R.
    Jenkins, High (Putney)Neil, HaroldSummerskill, Hn. Dr. Shirley
    Jenkins, Rt. Hn. Roy (Stechford)Newens, StanSwain, Thomas
    Johnson, James (K'ston-on-Hull W.)Noel-Baker, Rt. Hn. Philip(Derby, S.)Swingler, Stephen
    Jones, Dan (Burnley)Norwood, ChristopherTaverne, Dick
    Jones, Rt. Hn. Sir Elwyn(W.Ham, S.)Ogden, EricThomas Rt. Hn. George
    Jones, J. Idwal (Wrexham)O'Malley, BrianThomson, Rt. Hn. George
    Jones, T. Alec (Rhondda, West)Orme, StanleyThornton, Ernest
    Judd, FrankOswald, ThomasTinn, James
    Kelley, RichardOwen, Dr. David (Plymouth, S'tn)Tomney, Frank
    Kerr, Mrs. Anne (R'ter & Chatham)Owen, Will (Morpeth)Urwin, T. W.
    Kerr, Russell (Feltham)Page, Derek (King's Lynn)Varley, Eric G.
    Lawson, GeorgePaget, R. T.Wainwright, Edwin (Dearne Valley)
    Ledger, RonPalmer, ArthurWalden, Brian (All Saints)
    Lee, John (Reading)Park, TrevorWalker, Harold (Doncaster)
    Lever, Harold (Cheetham)Parker, John (Dagenham)Watkins, David (Consett)
    Lewis, Ron (Carlisle)Parkin, Ben (Paddington, N.)Watkins, Tudor (Brecon & Radnor)
    Lipton, MarcusParkyn, Brian (Bedford)Wellbeloved, James
    Lomas, KennethPavitt, LaurenceWhitlock, William
    Loughlin, CharlesPearson, Arthur (Pontypridd)Williams, Alan (Swansea, W.)
    Lyon, Alexander W. (York)Peart, Rt. Hn. FredWilliams, Alan Lee (Hornchurch)
    Lyons, Edward (Bradford, E.)Pentland, NormanWilliams, Clifford (Abertillery)
    Mabon, Or, J. DicksonPerry, Ernest G. (Battersea, S.)Williams, Mrs. Shirley (Hitchin)
    McCann, JohnPerry, George H. (Nottingham, S.)Willis, Rt. Hn. George
    MacColl, JamesPrentice, Rt. Hn. R. E.Wilson, William (Coventry, S.)
    MacDermot, NiallPrice, Thomas (Westhoughton)Winnick, David
    Macdonald, A. H.Probert, ArthurWoodburn, Rt. Hn. A.
    McGuire, MichaelRankin, JohnWoof, Robert
    McKay, Mrs. MargaretRees, MerlynWyatt, Woodrow
    Mackenzie, Gregor (Rutherglen)Reynolds, G. W.Yates, Victor
    Mackintosh, John P.Rhodes, Geoffrey
    Madclennan, RobertRichard, IvorTELLERS FOR THE NOES:
    McMillan, Tom (Glasgow, C.)Roberts, Goronwy (Caernarvon)Mr. Charles Grey and
    McNamara, J. KevinRobertson, John (Paisley)Mr. Neil McBride.

    Mr. DEPUTY SPEAKER then proceeded, pursuant to Orders, to put forthwith the Questions on the Amendments, moved by a member of the Government, of which notice had been given, to that part of the Bill to be concluded at Eleven o'clock.

    Clause 103

    POWER OF CERTAIN BODIES TO MAINTAIN OR TAKE OVER WATERWAYS AND CONNECTED WORKS

    Amendments made: No. 411, in page 133, line 25. at end insert:

    (f) the North of Scotland Hydro-Electric Board:
    (g) the South of Scotland Electricity Board.

    No. 412, in line 28, at end insert:

    (g) a regional water board;
    (h) a water development board.

    No. 415, in line 39, after ' undertakers ' insert:

    'or of any regional water board or water development board'.

    No. 416, in line 42, after ' in' insert 'Scotland or in '.—[ Mr. Marsh.]

    Clause 104

    THE INLAND WATERWAYS AMENITY ADVISORY COUNCIL

    Amendments made: No. 417, in page 134, line 33, leave out:

    ' either under this section or section 100 of this Act'

    and insert:

    'under this section'.

    No. 418, in line 12, leave out:

    'section 100 of this Act and Schedule 13 thereto'

    and insert:

    'Schedule 13 to this Act '.—[Mr. Marsh.]

    Clause 105

    POWER TO EXTINGUISH STATUTORY RIGHTS AND OBLIGATIONS IN RESPECT OF CANALS NOT BELONGING TO BOARD

    Amendment made: No. 421, in page 136, line 10, at end insert:

    ' and any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament'.—[Mr. Marsh.]

    Clause 118

    AMENDMENT OF PROVISIONS AS TO REGULATION OF TRAFFIC

    I beg to move Amendment No. 436, in page 152, line 8, leave out subsection (9) and insert:

    (9) In section 12 of the principal Act (which enables a highway authority to impose a temporary prohibition or restriction on the use of a road by vehicles or by vehicles of any class in certain circumstances)—
  • (a) in subsections (1) and (2), after the words ' vehicles of any class' there shall in each case be inserted the words ' or by foot passengers';
  • (b) in subsection (1) (which enables such a prohibition or restriction to be imposed by reason of any works being executed or proposed to be executed on or near the road) after the words 'near the road' there shall be inserted the words ' or by reason of the likelihood of danger to the public or of serious damage to the highway';
  • (c) in subsection (3), after the words, 'section 1(3)', and in subsection (4) after the words ' section 1 (3)(a), (b) or
  • (c)', there shall in each case be inserted the words ' or (3A) ';
  • (d) at the end of subsection (3) there shall be added the words ' but no such order or notice shall be made with respect to any road which would have the effect of preventing at any time access for foot passengers to any premises situated on or adjacent to the road, or any other premises accessible for foot passengers from, and only from, the road';
  • (e) in subsection (9) (which imposes penal ties on a person who uses or permits the use of a vehicle in contravention of such a prohibition or restriction) after the word 'person' there shall be inserted the words 'who contravenes or';
    • and in Schedule 3 to the principal Act (which relates to the notification of the exercise or proposed exercise of the powers conferred by the said section 12 and otherwise in relation thereto), in paragraph 2, after the word 'vehicles' there shall be inserted the words 'or, as the case may be, foot passengers'.
    This Amendment is further evidence of the extent to which the Government have listened to the arguments put in Committee and have responded to them. One of the things which saddens one is the extent to which the Opposition have treated this generosity with such churlishness. This is only one of a number of Amendments we have put down to meet points raised in Committee.

    Subsection (9) of the Clause amends Section 12(1) of the Road Traffic Regulation Act, 1967, which provides for the temporary restriction of traffic on roads in connection with road works where damage or danger is likely. The proposed new subsection (9) incorporates the existing subsection (9) of the Clause and in addition seeks to make it possible to control passengers as well as vehicles under Section 12 of the 1967 Act. This is in response to Opposition Amendments moved in Committee.

    The then Joint Parliamentary Secretary said that the Opposition Amendments would be accepted in principle and would be further considered. We have done so and the result is this Amendment. It is designed to enable a local authority to control pedestrians under Section 12 of the 1967 Act. This is provided for in paragraph (a). Paragraph (d) provides that no Order or notice can be made with the effect of preventing at any time access by pedestrians to any premises. This matter had caused a great deal of consternation in Committee. Paragraph (e) provides for the penalty clause to apply to pedestrians contravening one of those Orders.

    The remainder of Clause 118 remains as at present. This power will be chiefly used when it is dangerous to continue to allow foot passengers to use a road when works are being carried out—for example, repairs to a bridge. At present, a notice issued by a local authority purporting to control pedestrians has no legal backing and cannot be enforced. This new provision should remedy that defect.

    I thank the right hon. Gentleman for his generous introduction. It is gratifying, as the Bill turns into the home stretch after all these months, to see that one has had some small part in getting so many words built into the legislation. I endorse what the right hon. Gentleman has said—that this redrafting of the Clause is the direct result of pressure from the Opposition in the Standing Committee.

    11.15 p.m.

    I am grateful to the hon. Member for giving way. In view of his enthusiasm for this sort of action, would he go on to explain why he made such a fuss about the number of Amendments on the Notice Paper, since most of them were on the same basis?

    The right hon. Gentleman has made a number of concessions during the later parts of our debates. The depressing thing is that if he had been in the Standing Committee for earlier parts he would have had an opportunity to give way on a number of other matters as well. When he comes to consider further Amendments that may come on later stages of the Bill we hope that his common sense may prevail over the doctrinaire and ill-prepared legislation which came before he took over responsibility for the Department.

    But it would be churlish of me not to accept this Amendment gracefully, and hon. Members opposite know that I am not churlish. I therefore have great pleasure in thanking the right hon. Gentleman.

    Amendment agreed to.

    Clause 119

    AMENDMENT OF PROVISIONS AS TO PARKING PLACES

    I beg to move Amendment No. 570, in page 154, line 35, leave out ' paragraphs ' and insert:

    'paragraph—
    (d) provided that adequate provision for off-street parking facilities in each local authority area has been made then such surplus may be applied to—
    (i)'.
    This Amendment deals with the question of how one should use the revenue from the parking meter scheme. In the Bill there are proposals that the present usage of surplus funds from parking meters, which is restricted by legislation to the provision of off-street parking, should be changed to permit a much wider usage as defined in this Bill.

    Many hon. Members who were in the House at the time the right hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) introduced the necessary legislation to establish parking meter schemes will remember the quite categorical assurance given by the Government of the day that the further taxation received from motorists, which is what this amounts to, would only be used for the provision of off-street parking.

    There were wide-ranging debates and public argument at the time, and it was on the basis of the specific and categorical assurances given that large numbers of motorists were prepared to accept this new taxing system.

    The House should understand that what is in the Bill is a major departure of principle from the purpose for which the parking meter scheme was set up. It is very important to remember this, bearing in mind that although at the moment the surplus revenue from parking meter schemes is not very much, and in many of the places where figures are available deficits are being incurred and it is only in the very largest conurbations that substantial surpluses are being thrown up, this situation is going to change for three reasons.

    First, the number of oars is growing rapidly. Secondly, as local authorities become increasingly used to the sort of experience they are now obtaining from these schemes, they are very likely to put up the prices they charge for the use of parking space. Thirdly, the meter schemes are expanding into the wider areas within conurbations.

    We can look forward, over the next decade or so, to a very large increase in the surpluses. We seek to ensure not quite such a restrictive situation as was first envisaged, but a much more reasonable compromise, in the light of current thinking about off-street parking. We do not want to restrict the use of surpluses from meters to the provision of off-street parking only. We want to restrict it to the provision of off-street parking until there are adequate provisions for such parking in each local authority. That seems a perfectly reasonable compromise.

    We are anxious about the sort of usages, and the sort of people who might share these revenues. The legislation provides that local authorities can use this revenue, and that is accepted. It also provides for "any other person" to be the beneficiary of the surpluses and this raises some questions. What is meant by "any other person"? One cannot help reflecting upon the sort of atmosphere and the sort of organisation which will exist in our cities once the P.T.A.S come into being.

    What are the purposes to which the local authorities or the persons who are entitled to benefit will put these surpluses? The purpose, one would anticipate, is in the legislation—for the provision or operation of passenger transport services. Presumably, the owner of a car wishing to park in the city centre will find himself financing the deficits of the local buses. That is a logical step which many people might want to take. I do not want to argue that point.

    What I do want to deal with is the second use to which this money may be put, in the hands of a local authority, or "any other person." This is where the permissive powers envisaged have been permitted to run wild. The money is not only for the provision or operation of passenger transport services, but also for the facilities associated with the public passenger transport services. Once again we have to go back to the P.T.A. part of the Bill to see what is envisaged by the word "facilities." If I were satisfied that those were strictly and tightly defined additions to the provision of bus services, I do not suppose that my anxiety would be as great as it is.

    When those of us who have sat through the Committee reflect upon those 32 powers in Clause 10, dealing with the facilities, one can begin to understand why we have to ask this fundamental question about the purpose to which this parking meter revenue surplus will be put. I would remind the House of the facilities listed in Clause 10. There are filling stations, selling petrol, oil and spare parts, there is the provision of buffets, and also the operation of bookstalls. All these things have to run at break-even, not on a commercial, profitable basis. All these are defined as facilities ancillary to the provision of passenger transport services.

    Now, in addition to being permitted to run at break-even, we find that they can be financed by the poor motorist, from parking meter revenue. This cannot seriously be part of the co-ordinated transport policy put forward by the former Minister of Transport. It is conceivable, and I would accept the right hon. Gentleman's assurance if he were to give it, that this interpretation of the legislation had not occurred to those drafting it.

    11.30 p.m.

    This has been a big Bill and has proceeded over a long time. It is understandable if every nuance of the legislation has not been thoroughly explored and tested. It would be reasonable for the right hon. Gentleman to say that as we have had a Guillotine and a very proscribed Committee stage, and 50 Clauses have not been considered, it would not be surprising to the House if this Clause and the interpretation I place upon it had escaped attention. There would be time for the right hon. Gentleman to do something about it in another place and we would accept it in a generous spirit if he were able to make such a gesture.

    I cannot seriously believe that with the experience of transport that he has gained—and we know that he has had a very brusque indoctrination in transport since he took over the Ministry—he is willing to tell 13 million motorists that they are now to pay their sixpences and shillings, and increasingly Is. 6d. and 2s., into the growing army of parking meters to finance buffets, petrol stations and bookstalls operated by local councils. That is what this legislation says can be done.

    I regard it as a ludicrous interpretation of a transport policy and I hope that the right hon. Gentleman will be able to set our minds at rest. Despite this interpretation of law it is quite wrong that we should be breaching the very definite and categorical assurances that were given to motorists at the time when the parking meter scheme was first introduced. I do not need to read the quotations. Definite assurances were then given and I am not aware of any reason why those should yet be changed. There could come a time when there is sufficient off-street parking, even if because a local authority has decided, as a matter of policy, that it does not want to provide too much off-street parking.

    That is already happening in the case of the Greater London Council. At that time, in the eyes of the local legislature, there would be sufficient off-street parking. But there is a strong obligation on those administering the transport of this country to provide such parking up to the point of sufficiency as embraced and anticipated in the assurances given when the scheme was first set up.

    I do not want to repeat the speech I made in Standing Committee—

    On a point of order, Mr. Deputy Speaker. I do not rise to call attention to the fact that I was not called—and I was not—but I was standing at the same time as the hon. Gentleman.

    I was in some doubt whether the hon. Member for Truro (Mr. Geoffrey Wilson) was seeking to raise a point or make a speech. He was only called, as far as the Chair is concerned, to make an intervention.

    I am sorry; had I known I would have given way to the hon. Gentleman. I did not think that he would wish to continue with this, because during the 45 sittings and 191½ hours spent in Standing Committee F this was one of the subjects which was very extensively discussed. I remember, as other hon. Gentlemen will, that the hon. Member for Truro (Mr. Geoffrey Wilson) raised precisely this issue of undertakings given by a previous Administration about the application of parking meter revenue. I remember replying at some length, on the issue of the proposal put forward in the White Paper dealing with public transport and traffic, on the reasons why we had come to this conclusion. On that occasion we did not have a very highly partisan debate. It has been left to the hon. Gentleman the Member for Tavistock (Mr. Michael Heseltine) to inject into this discussion his own particular brand of partisan spleen about public transport authorities. No doubt some wish to discuss it like this, but I do not.

    Under the Bill, local authorities will have a statutory duty to provide parking space on and off the highway, but the powers are permissive. My right hon. Friend is not telling local authorities to do anything. If they want to spend meter revenue on off-street parking space, this will be decided by local democracy. My right hon. Friend is just extending the flexibility for the motorists' benefit, so that the revenue may also be used on, for example, improvement of the highways. I do not understand the argument that this does not benefit the motorist.

    11.30 p.m.

    One of our purposes is to extend local authority flexibility in respect of road improvement. The other is that the local authorities can spend the money on improving public transport—[An HON. MEMBER: "Why?"]—because it is necessary to make public transport more efficient and attractive, if we are to benefit the motorist by decongesting the urban areas. I know that some hon. Gentlemen contest this because they want to continue the jungle warfare in this field, with total laisser faire, sweeping away any regulations in favour of chaos and a free-for-all. I do not try to persuade them, because they are opposed to the Bill from A to Z. But there are those who believe in traffic management and the part that public transport can play in reducing congestion. They can understand the recent London Transport poster comparing the street space occupied by one bus with that occupied by 60 cars, and they know that improving public transport to attract people to use it and make it viable is one of the ways to decongest the cities.

    We do not say that local authorities should devote their money to these purposes but that they should be able to do so if they wish and may choose between more off-street parking space, if they can find it, and the improvement of public transport and its facilities. These are three ways in which they may invest parking meter revenue, all of which will benefit the motoring community. Therefore, I hope that the House will reject the Amendment.

    I will not repeat the speech which I made in Committee, but this is a definite breach of a promise given by a previous Government. The Government are entitled to break it, but it was solemnly given to hon. Members, who agreed to the control of on-street parking only on the strength of that promise. There are many other systems, such as the zone system, and so on, which would not have involved the same cost to the motorist. It was only because they were told that the balance of the money from parking meters would be used for off street parking that parking meters were agreed to.

    If the Government like to retract that promise and use the money for other purposes they are entitled to do so, but I do not think it is a matter which we should pass without notice. It may be of some benefit to the motorist to use it for other purposes, but that was not the point.

    I was just inquiring from one or two of my hon. Friends when such a promise was made. If this promise was made it was not made by this Government, but by the Government which introduced parking meters. The hon. Gentleman ought to get his facts straight. Parking meters were first brought in in 1964.

    I am most grateful. I said that. It was my right hon. Friend the Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) who introduced them and gave the categorical assurance in this House.

    When the hon. Gentleman reads the OFFICIAL REPORT of my hon. Friend's remarks he will see that he made that clear.

    If I may intervene in my own speech, it has been placed on record that he made this promise.

    I would be happier if hon. Gentlemen opposite would concern themselves more with where some of the revenue collected from private parking schemes is going. I am thinking particularly of the private company that springs up every time there is a motor show or a boat show or some other national sporting event and charge 5s. Od. or 7s. 6d.—in fact, imposing a prohibitive charge.

    The principle embodied in this section of the Bill, to take some of the parking meter revenue and spend it on public transport, is a very sensible suggestion. Unless we can make public transport facilities more attractive and effective it would seem that the only alternative, as has been suggested from time to time by hon. Members opposite, is to subsidise it from the rates or taxes. I would have thought a more attractive revenue would be from parking meter charges.

    If hon. Members opposite do not like this, from time to time various sections of their party have suggested that some kind of congestion taxes should be imposed on the private motorist and spent in this way. They must come to some conclusion on this. This is one of the most sensible solutions we have had on planning urban transport for many a year.

    The Minister gave a miserable reply to an excellent speech by my hon. Friend the Member for Tavistock (Mr. Michael Heseltine). Why cannot the hon. Gentleman occasionally be given power to accept Opposition Amendments? The right hon. Gentleman does all the giving way when the Government wish to accept our proposals, and he leaves it to the Minister of State to make the miserable and negative replies.

    I completely disagree with the hon. Member for Nuneaton (Mr. Leslie Huckfield). Will no hon. Gentleman opposite argue in support of the private enterprise shopkeeper who contributes more than anyone to the local rates and thereby provides the local amenities? I concede that the surplus income from parking meters, if any, should be properly spent on, for example, off-street parking facilities, highway improvements to keep through-traffic moving and in other ways to improve traffic flow.

    But I am not prepared to concede that that surplus, if any, should be spent on what are called "the facilities" when that phrase means the setting up by local authorities of cafes which might make a loss and which will be run in competition with private enterprise cafe's which contribute to the rates. I am not prepared to concede that the surplus, if any, should be spent on establishing book shops to be operated, with subsidy, in competition with genuine private enterprise organisations which must work hard to make a profit on which taxes and rates are levied. There is no monopoly about a private enterprise organisation which has half-a-dozen book shops.

    I know of a town in the Midlands which desperately needed a multi-storey car park. The corporation tried to get a number of firms interested in building the car park because it could not afford to build it out of the rates. Eventually, a private enterprise firm was persuaded to build it. There had not been a lot of interest among firms to take on the project because it was felt that the car park would not pay. However, in return for this firm agreeing to build it—this was not known until later—the corporation promised to paint double yellow lines on all the surrounding streets, so obliging people to park their cars in the multi-storey car park, so making the car park a paying proposition.

    From the point of view of the multi-storey car park, that was fine and it was the sort of inducement which persuaded the company concerned to build it. But for the shopkeepers in the area, their business was restricted and the presence of the double yellow lines severely handicapped them. The rateable value of their property declined and their turnover went down. In using its power to virtually subsidise one firm, the local authority acted generously towards one company but ungenerously towards others, some of which were pushed out of business.

    This sort of thing will be encouraged on an even greater scale if the surpluses of parking meters are spent on providing cafes and the other so-called amenities hon. Gentlemen opposite have in mind. We who represent retail shopkeepers throughout the country—a section of the community whose rates and taxes are unequalled by any other section—should see that their affairs are taken into account. I urge the Minister to think again. The surplus, if there is one, should be restricted to the roads—to improving our highways and transport system—but it should not involve a possible subsidy which could provide unfair competition to private enterprise retailers in our shopping streets.

    It may be that the hon. Gentleman is concerned only with the Co-op. I am not against it, but I am also in favour of the private shopkeeper. I do not think that unfair subsidisation of this sort should make his job any more difficult.

    11.45 p.m.

    1 disagree with the sentiments expressed by the bon. Baronet the Member for Peterborough (Sir Harmar Nicholls), because I believe that, in legislation, we should apply the simple Benthanite principle of the greatest good for the greatest number. The hon. Baronet is concerned about the individual shopkeeper. I think that we should be concerned for the good of the community as a whole.

    It is obvious that what is needed in this modern age is a swift improvement in public transport. That does not militate against the individual private shopkeeper or motorist, because one of the problems facing shop owners in big city centres is that people cannot get to their shops because of congestion in the streets. A good example of the effect that this is having arose in Manchester, where a large concern closed down its premises and moved out to Wilmslow, where it was free from traffic congestion.

    Nor is there much substance in the argument of the hon. Member for Truro (Mr. Geoffrey Wilson) about a promise made in a previous Parliament. It would be standing our constitutional principles on their heads if it were suggested that one Parliament could not undo what a previous one had done, or that Parliament was not sovereign. It would mean that decisions taken many years ago when circumstances were different would become fossilised.

    I was pleased to hear my hon. Friend the Minister of State say that, to a large extent, decisions would be left to local authorities. Surely everyone wants to see local decisions affecting local people made by the people on the spot, and not by gentlemen in Whitehall or Westminster.

    For those reasons, I support what my hon. Friend said.

    I approach the Amendment from a slightly different angle, and it is one which is of great importance in my constituency. It concerns the provision of off-street car parking in the areas of outer London from which commuters travel in large numbers to work in the centre.

    I think that it is true to say that more people from my constituency than from any other area of outer London travel daily to offices in Central London. At our local station, however, car parking facilities are totally inadequate. As a result, all the residential streets in the neighbourhood of the station are crowded with commuters' cars which are left there all day. One can imagine how annoying this is, not only to the ordinary private householders but to people like doctors, who find that they are unable to get their own cars out of their drives because the accesses are blocked by commuters' cars.

    The situation has been getting worse in the last few years as car ownership has increased. For some reason, it is not a matter of mutual interest to the local authority and British Railways. Surely the sensible solution would be for British Railways, with a substantial area of land round the station, to provide parking facilities jointly with the local authority. The local authority provides free car parking which is intended for shoppers in the High Street, but it is taken up by commuters' cars.

    British Railways have a great deal of land conveniently situated to the station where they charge £3 5s. a quarter for a season ticket. This is an anomaly. If facilities were provided jointly, first, cars would be kept off the streets, and, second, facilities in the neighbourhood of the shopping area could be kept for the use of shoppers and not taken up by commuters. More reasonable charges of commuters and shoppers could be made by means of the joint provision of these facilities. I tried for a long time to interest British Railways in such a scheme whereby their land could be used but some payment would come from the local authority for the use of those facilities. This could be considered under this Clause.

    I do not go all the way with the hon. Member for Peterborough (Sir Harmar Nicholls), who said that provision might be made for cafes and book shops. That is a far-fetched example. It could well be that money spent under paragraph (e)
    "purposes of a project connected with the carrying out by the appropriate highway authority (whether or not the local authority) of any operation which within the meaning of the Highways Act 1959 constitutes the improvement of a highway in the local authority's area"
    —which, after all, is extremely broad, though not necessarily including cafes and book shops—could include operations which would siphon off profits from the essential provision of car parks.

    The previous paragraph says:

    "meeting costs incurred, whether by the local authority or by some other person, in the provision or operation of, or of facilities for, public passenger transport services"
    Facilities for public passenger transport include trade.

    I agree that the words may have the interpretation ascribed to them by the hon. Member, but it is highly unlikely that anything of the kind he mentioned would be carried out and the amount of money spent on them is probably minimal, but paragraph (e) is far the more important of these two paragraphs.

    The hon. Member and I are not quarrelling with one another. We agree that the first thing to do is to provide adequate off-street car parking. Until we have done that we should not visualise any of the other purposes envisaged in paragraphs (d) and (e). If the Government are not to encourage local authorities and transport undertakings to get together in the manner I have suggested, which would make a very significant contribution towards decreasing congestion in Central London, they are severely to blame. The one way in which congestion in the centre of large cities can be relieved is to make it more convenient for commuters to leave their cars in surburban areas and travel into the centre by train or bus.

    Does not the hon. Member agree that London Transport is doing a tremendous amount in this respect and that all over the area car parks are made available for this purpose?

    I have had considerable discussion with London Transport and I have talked to Mr. Holmes about it. He has told me of the schemes undertaken, but he would be the first to admit that those schemes are nothing like adequate for the number of car owners who would use the facilities if they were provided more extensively.

    I will be parochial and say that Orpington is particularly important because of the number of commuters who come from there, but the same is true of Watford and other places.

    Stanmore as well. London Transport has land available in those places. I hope that the Government will respond favourably and assure us that the other purposes mentioned in paragraphs (d) and (e) will not be carried out until there is more adequate provision for off-street parking in Greater London.

    The hon. Gentleman the Member for Orpington (Mr. Lubbock) will forgive me if I do not follow him in his remarks. I apologise to the hon. Gentleman the Member for Tavistock (Mr. Michael Heseltine) for not being here at the beginning of his speech. On this matter there is a world of difference between the two sides of the House. I, and, I think, the majority of us on this side, are all in favour of municipal enterprise. I would like to see an extension of municipal enterprise, even if it means using the money to take over or open up restaurants and what have you. I am speaking personally and for myself now.

    What I was saying to the hon. Gentleman the Member for Peterborough (Sir Harmar Nicholls) was that, although he is so afraid of municipal enterprise, some of the greatest Tory-controlled local authorities are operating municipal enterprise

    Division No. 201.]

    AYES

    [11.59 p.m.

    Alison, Michael (Barkston Ash)Cary, Sir RobertGilmour, Ian (Norfolk, C.)
    Allason, James (Kernel Hempstead)Chichestcr-Clark, R.Gilmour, Sir John (Fife, E.)
    Astor, JohnClark, HenryGlyn, Sir Richard
    Atkins, Humphrey (M't'n & M'd'n)Clegg, WalterGoober, Rt. Hn. J. B.
    Awdry, DanielCooke, RobertGoodhart, Philip
    Baker, Kenneth (Acton)Cooper-Key, Sir NeillGoodhew, Victor
    Baker, W. H. K. (Banff)Corfield, F. V.Gower, Raymond
    Balniel, LordCostain, A. P.Grant, Anthony
    Batsford, BrianCrouch, DavidGrant-Ferris, R.
    Beamish, Col. Sir TuftonCrowder, F. P.Gresham Cooke, R.
    Bell, RonaldCunningham, Sir KnoxGrieve, Percy
    Berry, Hn. AnthonyDalkeith, Earl ofGriffiths, Eldon (Bury St. Edmunds)
    Bessell, PeterDance, JamesGurden, Harold
    Biffen, JohnDavidson, James(Aberdeenshire, W.)Hall, John (Wycombe)
    Biggs-Davison, JohnDean, Paul (Somerset, N.)Hall-Davis, A. G. F.
    Black, Sir CyrilDeedes, Rt. Hn. W. F. (Ashford)Hamilton, Michael (Salisbury)
    Blaker, PeterDigby, Simon WingfieldHarris, Frederic (Croydon, N.W.)
    Boardman, Tom (Leicester, S.W.)Dodds-Parker, DouglasHarrison, Brian (Maldon)
    Body, RichardDoughty, CharlesHarrison, Col. Sir Harwood (Eye)
    Bossom, Sir CliveDrayson, G. B.Harvey, Sir Arthur Vere
    Boyd-Carpenter, Rt. Hn. Johndu Cann, Rt. Hn. EdwardHarvie Anderson, Miss
    Boyle, Rt. Hn. Sir Edward Eden, Sir JohnHastings, Stephen
    Braine, BernardElliot Capt. Walter (Carshalton)Hawkins, Paul
    Brawls, JohnElliott, R.W.(N'c'tle-upon-Tyne, N.)Heald, Rt. Hn. Sir Lionel
    Brinton, Sir TattonEmery, PeterHeath, Rt. Hn. Edward
    Bromley-Davenport, Lt.-Col. Sir WalterErrington, Sir EricHeseltine, Michael
    Brown, Sir Edward (Bath)Farr, JohnHiggins, Terence L.
    Bruce-Gardyne, J.Fisher, NigelHiley, Joseph
    Bryan, PaulFletcher-Cooke, CharlesHill, J. E. B.
    Buchanan-Smith, Alick(Angus, N & M)Fortescue, TimHogg, Rt. Hn. Quintin
    Buck, Antony (Colchester)Foster, Sir JohnHolland, Philip
    Bullus, Sir EricFraser, Rt. Hn. Hugh(St'ftord & Stone)Hooson, Emlyn
    Burden, F. A.Galbraith, Hn. T. G.Hordern, Peter
    Campbell, GordonGibson-Watt, DavidHornby, Richard
    Carr, Rt. Hn. RobertGiles, Rear-Adm. MorganHowell, David (Guildford)

    and we never hear a word of complaint about it from hon. Gentlemen on his side of the House. I refer to Birmingham, Bournemouth, Folkestone, Torquay and various seaside resorts which have their own catering establishments—and are doing a real good job of work. I would like to see greater extension of this and I hope the Bill will encourage local authorities to do it.

    Would the hon. Gentleman not agree that the money for that is not being provided out of the pockets of motorists? That, I think, was the point of the hon. Baronet the Member for Peterborough (Sir Harmar Nicholls).

    With all respect to the hon. Member for Bodmin (Mr. Bessell), I do not think that it makes any difference, provided we get extension of municipal enterprise. What was the difference between the money coming out of the pockets of the motorists or out of the pockets of the ratepayers, when those municipal enterprises were set up at the various seaside resorts?

    Question put, That the Amendment be made: —

    The House divided: Ayes 220, Noes 256.

    Hunt, JohnMott-Radclyffe, Sir CharlesSinclair, Sir George
    Hutchison, Michael ClarkMunro-Lucas-Tooth, Sir HughSmith, Dudley (W'wlck & L'mington)
    Iremonger, T. L.Murton, OscarSmith, John (London & W'minster)
    Irvine, Bryant Godman (Rye)Neave, AireySpeed, Keith
    Jenkin, Patrick (Woodford)Nicholls, Sir HarmarStainton, Keith
    Johnston, Russell (Inverness)Noble, Rt. Hn. MichaelSteel, David (Roxburgh)
    Jones, Arthur (Northants, S.)Nott, JohnStodart, Anthony
    Kaberry, Sir DonaldOnslow, CranleyStoddart-Scott, Col. Sir M. (Ripon)
    Kerby, Capt. HenryOrr, Capt. L. P. S.Tapsell, Peter
    Kershaw, AnthonyOrr-Ewing, Sir IanTaylor, Sir Charles (Eastbourne)
    Kimball, MarcusPage, Graham (Crosby)Taylor, Edward M. (G'gow, Cathcart)
    King, Evelyn (Dorset, S.)Page, John (Harrow, W.)Taylor, Frank (Moss Side)
    Kirk, PeterPardoe, JohnTeeling, Sir William
    Kitson, TimothyPearson, Sir Frank (Clitheroe)Temple, John M.
    Knight, Mrs. JillPeel, JohnThatcher, Mrs. Margaret
    Lambton, ViscountPercival, IanTurton, Rt. Hn. R. H.
    Lancaster, Col. C. G.Peyton, Johnvan Straubenzee, W. R.
    Lane, DavidPike, Miss MervynVaughan-Morgan, Rt. Hn. Sir John
    Legge-Bourke, Sir HarryPink, R. BonnerVickers, Dame Joan
    Lewis, Kenneth (Rutland)Pounder, RaftonWalker, Peter (Worcester)
    Lloyd, Ian (P'tsm'th, Langstone)Powell, Rt. Hn. J. EnochWall, Patrick
    Lubbock, EricPrice, David (Eastleigh)Walters, Dennis
    MacArthur, IanPrior, J. M. L.Webster, David
    Maclean, Sir FitzroyPym, FrancisWells, John (Maidstone)
    McMaster, StanleyQuennell, Miss J. M.Whitelaw, Rt. Hn. William
    Macmillan, Maurice (Farnham)Ramsden, Rt. Hn. JamesWilliams, Donald (Dudley)
    Maddan, MartinRawlinson, Rt. Hn. Sir PeterWills, Sir Gerald (Bridgwater)
    Maginnis, John E.Renton, Rt. Hn. Sir DavidWilson, Geoffrey (Truro)
    Marples, Rt. Hn. ErnestRhys Williams, Sir BrandonWinstanley, Dr. M. p.
    Marten, NeilRidley, Hn. NicholasWolrige-Gordon, Patrick
    Maude, AngusRodgers, Sir John (Sevenoaks)Wood, Rt. Hn. Richard
    Mawby, RayRossi, Hugh (Hornsey)Woodnutt, Mark
    Mills, Peter (Torrington)Royle, AnthonyWorsley, Marcus
    Mills, Stratton (Belfast, N.)Russell, Sir RolandWylie, N. R.
    Miscampbell, NormanSt. John-Stevas, NormanYounger, Hn. George
    Mitchell, David (Basingstoke)Scott, Nicholas
    Monro, HectorScott-Hopkins, James
    Montgomery, FergusSharpies, RichardTELLERS FOR THE AYES:
    More, JasperShaw, Michael (Sc'b'gh & Whitby)Mr. Reginald Eyre and
    Morrison, Charles (Devizes)Silvester, FrederickMr. Bernard Weatherill.

    NOES

    Albu, AustenCraddock, George (Bradford, S.)Fowler, Gerry
    Allaun, Frank (Salford, E.)Crawshaw, RichardFraser, John (Norwood)
    Alldritt, WalterCronin, JohnFreeson, Reginald
    Allen, ScholefieldCrosland, Rt. Hn. AnthonyGalpern, Sir Myer
    Anderson, DonaldCrossman, Rt. Hn. RichardGardner, Tony
    Archer, PeterCullen, Mrs. AliceGarrett, W. E.
    Armstrong, ErnestDalyell, TamGourlay, Harry
    Atkins, Ronald (Preston, N.)Davidson, Arthur (Accrington)Gray, Dr. Hugh (Yarmouth)
    Bacon, Rt. Hn. AliceDavies, Ednyfed Hudson (Conway)Greenwood, Rt. Hn Anthony
    Bagier, Gordon A. T.Davies, G. Elfed (Rhondda, E.)Gregory, Arnold
    Barnes, MichaelDavies, Dr. Ernest (Stretford)Griffiths, David (Rother, Valley)
    Barnett, JoelDavies, Harold (Leek)Gunter, Rt. Hn. R. J.
    Bence, CyrilDavies, Ifor (Gower)Hamling, William
    Benn, Rt. Hn. Anthony Wedgwoodde Freitas, Rt. Hn. Sir GeoffreyHannan, William
    Bennett, James (G'gow, Bridgeton)Dell, EdmundHarper, Joseph
    Binns, JohnDempsey, JamesHarrison, Walter (Wakefield)
    Bishop, E. S.Dewar, Donald
    Blackburn, F.Diamond, Rt. Hn. JohnHaseldine, Norman
    Blenkinsop, ArthurDickens, JamesHattersley, Roy
    Boardman, H. (Leigh)Dobson, RayHazell, Bert
    Booth, AlbertDoig, PeterHealey, Rt. Hn. Denis
    Boyden, JamesDriberg, TomHooley, Frank
    Braddock, Mrs. E. M.Dunn, James A.Houghton, Rt. Hn. Douglas
    Bradley, TomDunnett, JackHowarth, Harry (Wellingborough)
    Brooks, EdwinDunwoody, Mrs. Gwyneth (Exeter)Howarth, Robert (Bolton, E.)
    Broughton, Dr. A. D. D.Dunwoody, Dr. John (F'th & C'b'e)Howie, W.
    Brown, Hugh D. (G'gow, Provan)Eadie, AlexHoy, James
    Brown, Bob(N'c'tle-upon-Tyne, W.)Edwards, Robert (Bilston)Huckfield, Leslie
    Brown, R. W. (Shoreditch & F'bury)Edwards, William (Merioneth)Hughes, Rt. Hn. Cledwyn (Anglesey)
    Buchan, NormanEllis, JohnHughes, Emrys (Ayrshire, S.)
    Buchanan, Richard (G'gow, Sp'burn)English, MichaelHughes, Roy (Newport)
    Butter, Mrs. Joyce (Wood Green)Ennals, DavidHunter, Adam
    Cant. R. B.Ensor, DavidHynd, John
    Carmichael, NeilEvans, Albert (Islington, S.W.)Irvine, Sir Arthur (Edge Hill)
    Carter-Jones, LewisFaulds, AndrewJackson, Colin (B'h'se & Spenb'gh)
    Castle, Rt. Hn. BarbaraFitch, Alan (Wigan)Jackson, Peter M. (High Peak)
    Coe, DenisFletcher, Ted (Darlington)Jay, Rt. Hn. Douglas
    Coleman, DonaldFoley, MauriceJeger, Mrs.Lena(H'b'n & St.P'cras, S.)
    Concannon, J. D.Foot, Rt. Hn. Sir Dingle (Ipswich)Jenkins, Hugh (Putney)
    Conlan, BernardFoot, Michael (Ebbw Vale)Jenkins, Rt. Hn. Roy (Stechford)
    Corbet, Mrs. FredaForrester, JohnJohnson, Carol (Lewisham, S.)

    Johnson, James (K'ston-on-Hull, W.)Milne, Edward (Blyth)Ross, Rt. Hn. William
    Jones, Rt. Hn. Sir Elwyn (W.Ham, S.)Mitchell, R. C. (S'th'pton, Test)Shaw, Arnold (llford, S.)
    Jones, J. Idwal (Wrexham)Morgan, Elystan (Cardiganshire)Sheldon, Robert
    Jones, T. Aleu (Rhondda, West)Morris, Alfred (Wythenshawe)Shore, Rt. Hn. Peter (Stepney)
    Judd, FrankMorris, Charles R. (Openshaw)Short, Rt. Hn. Edward (N'c'tle-u-Tyne)
    Kerr, Mrs. Arme (R'ter & Chatham)Morris, John (Aberavon)Silkin, Rt. Hn. John (Deptford)
    Kerr, Russell (Feltham)Moyle, RolandSilkin, Hn. S. C. (Dulwich)
    Lawson, GeorgeMurray, AlbertSilverman, Julius (Aston)
    Ledger, RonNeal, HaroldSlater, Joseph
    Lee, John (Reading)Newens, StanSmall, William
    Lestor, Miss JoanNoel-Baker, Rt. Hn. Philip (Derby, S.)Snow, Julian
    Lever, Harold (Cheetham)Norwood, ChristopherSpriggs, Leslie
    Lewis, Ron (Carlisle)Ogden, EricStewart, Rt. Hn. Michael
    Lipton, MarcusO'Malley, BrianStorehouse, John
    Lomas, KennethOrme, StanleyStrauss, Rt. Hn. G. R.
    Loughlin, CharlesOswald, ThomasSummerskill, Hn. Dr. Shirley
    Lyon, Alexander W. (York)Owen, Dr. David (Plymouth, S'tn)Swain, Thomas
    Lyons, Edward (Bradford, E.)Owen, Will (Morpeth)Swingler, Stephen
    Mabon, Dr. J. DicksonPage, Derek (King's Lynn)Taverne, Dick
    McBride, NeliPaget, R. T.Thomas, Rt. Hn. George
    McCann, JohnPalmer, ArthurTinn, James
    MacColl, JamesPark, TrevorTomney, Frank
    MacDermot, NiallParker, John (Dagenham)Urwin, T. W.
    Macdonald, A. H.Parkin, Ben (Paddington, N.)Varley, Eric G.
    McGuire, MichaelParkyn, Brian (Bedford)Wainwright, Edwin (Dearne Valley)
    McKay, Mrs. MargaretPavitt, LaurenceWalden, Brian (All Saints)
    Mackenzie, Gregor (Rutherglen)Pearson, Arthur (Pontypridd)Walker, Harold (Doncaster)
    Mackie, JohnPeart, Rt. Hn. FredWatkins, David (Consett)
    Mackintosh, John P.Pentland, NormanWatkins, Tudor (Brecon & Radnor)
    Maclennan, RobertPerry, Ernest G. (Battersea, S.)Wellbeloved, James
    McMillan, Tom (Glasgow, C.)Perry, George H. (Nottingham, S.)Whitlock, William
    McNamara, J.KevinPrentice, Rt. Hn. R. E.Williams, Alan (Swansea, W.)
    MacPherson, MalcolmPrice, Thomas (Westhoughton)Williams, Alan Lee (Hornchurch)
    Mahon, Peter (Preston, S.)Probert, ArthurWilliams, Clifford (Abertillery)
    Mallalieu, E. L. (Brigg)Rankin, JohnWilliams, Mrs. Shirley (Hitchin)
    Mallalieu, J. P. W. (Huddersfield, E.)Rees, MerlynWillis, Rt. Hn. George
    Manuel, ArchieReynolds, G. W.Wilson, Rt. Hn. Harold (Huyton)
    Marks, KennethRhodes, GeoffreyWilson, William (Coventry, S.)
    Marquand, DavidRichard, IvorWinnick, David
    Marsh, Rt. Hn. RichardRoberts, Goronwy (Caernarvon)Woodburn, Rt. Hn. A.
    Mason, Rt. Hn. RoyRodgers, William (Stockton)Woof, Robert
    Mayhew, ChristopherRobertson, John (Paisley)Yates, Victor
    Mendelson, J. J.Robinson, Rt. Hn. Kenneth (St.P'c'as)
    Mikardo, lanRobinson, W. O. J. (Walth'stow, E.)TELLERS FOR THE NOES:
    Millan, BruceRoebuck, RoyMr.Charles Grey and
    Miller, Dr. M. S.Rose, PaulMr. Ioan L. Evans

    Clause 123

    ENFORCEMENT—FIXED PENALTIES AND TRAFFIC WARDENS

    I beg to move Amendment No. 437, in page 164, line 9, leave out 'subsection' and insert 'subsections'.

    With this Amendment it would be convenient to discuss the Government Amendment No. 438, in page 164, line 12, after ' order'. insert:

    "and subject to the provisions of sub-section (4B) below'.
    Opposition Amendment No. 439, in page 164, leave out lines 28 and 29 and the Government Amendment No. 440, in page 164, line 42, at end insert:
    (4B) Any power of a constable for the purpose of the following provisions of the Road Traffic Act 1960, namely, sections 223, 225(1) and (4) and 226, shall be exercisable by a traffic warden under an order made by virtue of subsection (4A) above only where—
  • (a) the traffic warden is assisting a constable; or
  • (b) the traffic warden has reasonable cause to believe that an offence has been committed of a description specified in relation to the section in question for the purposes of this paragraph by the order and. in the case of a power for the purposes of the said section 226, the order authorises the use of that power in relation to that offence; or
  • (c) in the case of a power for the purposes of the said section 223, the traffic warden in exercising functions in connection with the control and regulation of traffic (including foot passengers) or vehicles.
  • Amendments Nos. 437 and 438 are paving Amendments to No. 440. Amendment No. 440 seeks to amend Clause 123, which itself amends Sections 80 and 81 of the Road Traffic Regulation Act, 1967. Part of the amendment already embodied in the Clause deals with the extension of the fixed penalty system, with which we are not concerned at the moment. The second part of Clause 123—subsections (2), (3) and (4) has the effect of extend- ing the functions and powers of traffic wardens.

    The purpose of Amendment No. 440 is to place additional statutory restrictions upon the power and authority of the Home Secretary to make functions Orders in this connection. When Clause 123 was published, fears were expressed that the Home Secretary would be enabled by it to give traffic wardens a wide ranging general discretion to stop vehicles and inspect documents. It is hoped that this Amendment will have the effect of allaying those fears.

    The Amendment operates by making the exercise of certain powers granted by Clause 123, namely, powers to stop vehicles, powers on the part of traffic wardens to require the giving of particulars and the production of documents, and the exercise of those powers, conditional upon the existence of certain circumstances.

    These circumstances are threefold. All are alternative. The first condition is that the traffic warden is assisting a constable. Second, that the traffic warden has reasonable cause to believe that an offence has been committed, of a description specified in relation to this Section for purposes of this paragraph by the Order. In the case of a power for the purpose of Sections 225(1) and (4) and 226 of the Road Traffic Act 1960 the Order must authorise the use of the power in relation to an offence.

    Third, to exercise the power under Section 223 of the Road Traffic Act 1960, —that is, the power of arbitrarily stopping a vehicle, which is at present vested in a police constable—the traffic warden must also be exercising functions in connection with the control and regulation of traffic, including foot passengers or vehicles.

    The primary effect of the law if this Amendment is carried can, I believe, be summarised under three headings.

    We are most grateful for this excellent explanation, but is the hon. Gentleman aware that we on this side of the House are very much in favour of this Amendment and doubtless so is the hon. Gentleman and his hon. Friends; so perhaps we can do without this very long explanation.

    I am very grateful to the hon. Gentleman. Perhaps I should even apologise, since I doubt very much whether these Amendments have the clash of doctrinal confrontation such as the most interesting one with which we dealt earlier.

    The reason we are so keen on these Amendments is because we moved them in Committee.

    That is certainly not true. I have studied very carefully the debate which occurred on what was Clause 146 of the original Bill. The position can be summarised in these categories in this way: first, traffic wardens can only be used in matters relating to traffic and vehicles. This was the one point that was raised under Clause 146 in Committee and I belabour it because I have no doubt it will save a great deal of argument elsewhere on this particular matter.

    I stress again, as was stressed in Committee, that there is no question at all of traffic wardens exercising any general duties, and no question of them taking any part in the maintenance of public order. Secondly, the activities in respect of which they can exercise their powers.

    12.15 a.m.

    I thank the hon. Gentleman for giving way. We discussed upstairs the question whether traffic wardens should have the right of arrest and the Minister of State said that they would not. I have always understood, and 1 believe that the hon. Gentleman may be able to accept it, that every citizen has the right of arrest.

    Yes, that is so. There is no question of traffic wardens having any right of search or arrest other than the ordinary citizen's existing power of arrest or search.

    The Clause gives wardens no powers, but within these narrow limits the Home Secretary can make certain function Orders. Two such Orders have been made, in 1960 and 1965, and were affirmative Orders agreed by both Houses. The powers under which the Orders may be made fall into three groups—first, those relating to stopping, controlling and directing traffic, second, those enabling wardens to require the production of licences, insurance certificates and test certificates or requiring drivers and others to give names and addresses, and, third, the power to give evidence under Section 242 of the 1960 Act, where an admission about the driving or ownership of a vehicle has been made by any person.

    Although this is an Amendment to an Amendment, and therefore is not entirely uncomplicated, it sets out the narrow limits within which the Home Secretary may make these function Orders. It does not enable wardens to operate on a general roving commission.

    Amendment agreed to.

    Further Amendments made: No. 438, in page 164, line 12, after ' order ', insert:

    and subject to the provisions of subsection (4B) below '.

    No. 440, in page 164, line 42, at end insert:

    (4B) Any power of a constable for the purposes of the following provisions of the Road Traffic Act 1960, namely, sections 223, 225(1) and (4) arid 226, shall be exercisable by a traffic warden under an order made by virtue of subsection (4A) above only where—
  • (a) the traffic warden is assisting a constable; or
  • (b) the traffic warden has reasonable cause to believe that an offence has been committed of a description specified in relation to the section in question for the purposes of this paragraph by the order and, in the case of a power for the purposes of the said section 226, the order authorizes the use of that power in relation to that offence; or
  • (c) in the case of a power for the purposes of the said section 223, the traffic warden is exercising functions in connection with the control and regulation of traffic (including foot passengers)orvehicles.—[Mr. Elystan Morgan.]
  • I beg to move Amendment No. 441, in page 164, line 42, at end insert:

    (5) In the Police Act of 194 the provisions of section 30 (which allows the Home Secretary to require certain information from chief constables) shall extend to matters connected with the activities of traffic wardens, and the provisions of section 49 and section 50 (which establishes the procedure for dealing with complaints against the police) shall extend to complaints against traffic wardens.
    This is a simple Amendment, and I am sure that it will be acceptable to the Government. Following our discussions about the extended powers of traffic wardens, it would simply bring them under the same jurisdiction and appeals system as the police. Now that traffic wardens, in certain activities, are on all fours with the police, they should be covered by the same principles. The Police Act gives the Secretary of State the right to obtain reports from Chief Constables on specified matters, and, under Sections 49 and 50, it is mandatory that such complaints shall be investigated and local constabularies shall be compelled to keep themselves informed about the way in which the complaints from the public are dealt with. This is a reasonable Amendment and I hope that it will be accepted.

    I concede that this is a very simple Amendment, but that does not mean that it is either necessary or desirable.

    Briefly, the reasons for resisting this Amendment, as I invite the House to do, are these. The provisions under Section 49 of the Police Act, 1964, do not stand by themselves. They are part of a comprehensive code of discipline which is referred to in Section 33 of the Police Act under which regulations are made. I do not think anyone should look at Section 49 of the 1964 Act alone, as if this constituted the total machinery of discipline insofar as the police are concerned.

    Secondly, even though in this Bill we are somewhat widening—the House agrees to that—the functions and powers of traffic wardens, no hon. Member would argue that those have been widened to such an extent as to compare with the tremendous scope of responsibilities and powers which the police have. As has already been pointed out, a police officer has power of arrest, of search, of entry, of detention of property and a multifarious range of other duties with regard to non-traffic offences. The range of duties which fall to the lot of traffic wardens, even extended by function orders as a result of Clause 123 of the Bill, will not be of the same scope as those already enjoyed by police officers, therefore the solemn and formal machinery set up under Section 49 of the Police Act would not be necessary.

    Again, the machinery under Section 50 of the Act which requires chief officers and inspectors of constabulary to keep themselves informed regarding complaints about members of a force are not called for as chief officers already do this.

    Thirdly, as far as the power of the Home Secretary for reports under Section 30 of the Police Act is concerned, it is my contention—and I trust the House will agree—that already this includes the power to call for reports in relation to traffic wardens. The Section deals with matters connected with policing in the areas of the particular chief officers of police. Since traffic wardens may act only under the direction of chief constables, and for traffic and traffic law

    Division No. 202.]

    AYES

    [12.24 a.m.

    Alison, Michael (Barkston Ash)Eyre, ReginaldLewis, Kenneth (Rutland)
    Allason, James (Hemel Hempstead)Farr, JohnLloyd, Ian (P'tsm'th, Langstone)
    Astor, JohnFisher, NigelLubbock, Eric
    Atkins, Humphrey (M't'n & M'd'n)Fletcher-Cooke, CharlesMacArthur, Ian
    Awdry, DanielFortescue, TimMcMaster, Stanley
    Baker, Kenneth (Acton)Foster, Sir JohnMacmillan, Maurice (Farnham)
    Baker, W. H. K. (Banff)Galbraith, Hn. T. G.Maddan, Martin
    Balniel, LordGibson-Watt, DavidMaginnis, John E.
    Batsford, BrianGiles, Rear-Adm. MorganMarten, Neil
    Beamish, Col. Sir TuftonGilmour, Ian (Norfolk, C.)Maude, Angus
    Bell, RonaldGilmour, Sir John (Fife, E.)Mawby, Ray
    Berry, Hn. AnthonyG'yn, Sir RichardMills, Peter (Torrington)
    Bessell, PeterGodber, Rt. Hn. J. B.Mills, Stratton (Belfast, N.)
    Biffen, JohnGoodhart, PhilipMiscampbell, Norman
    Biggs-Davison, JohnGoodhew, VictorMitchell, David (Basingstoke)
    Black, Sir CyrilGower, RaymondMontgomery, Fergus
    Blaker, PeterGrant, AnthonyMore, Jasper
    Boardman, Tom (Leicester, S.W.)Grant-Ferris, R.Morrison, Charles (Devizes)
    Body, RichardCresham Cooke, R.Mott-Radclyffe, Sir Charles
    Bossom, Sir CliveGrieve, PercyMunro-Lucas-Tooth, Sir Hugh
    Boyd-Carpenter, Rt. Hn. JohnGriffiths, Eldon (Bury St. Edmunds)Murton, Oscar
    Boyle, Rt. Hn. Sir EdwardGurden, HaroldNeave, Airey
    Braine, BernardHall, John (Wycombe)Nicholls, Sir Harmar
    Brewis, JohnHall-Davis, A G. F.Noble, Rt. Hn. Michael
    Brinton, Sir TattonHamilton, Michael (Salisbury)Nott, John
    Bromley-Davenport, Lt.-Col. Sir WalterHarrison, Brian (Maldon)Onslow, Cranley
    Brown, Sir Edward (Bath)Harrison, Col. Sir Harwood (Eve)Orr, Capt. L. P. S.
    Bruce-Gardyne, J.Harvey, Sir Arthur VereOrr-Ewing, Sir Ian
    Bryan, PaulHarvie Anderson, MissPage, Graham (Crosby)
    Buchanan-Smith, Alick(Angus, N & M)Hastings, StephenPage, John (Harrow, W.)
    Buck, Antony (Colchester)Hawkins, PaulPardoe John
    Bullus, Sir EricHeald, Rt. Hn. Sir LionelPearson, Sir Frank (Clitheroe)
    Burden, F. A.Heath, Rt. Hn. EdwardPeel, John
    Campbell, GordonHeseltine, MichaelPercival, Ian
    Carr, Rt. Hn. RobertHiggins, Terence L.Peyton, John
    Cary, Sir RobertHiley, JosephPike, Miss Mervyn
    Chichester-Clark, R.Hill, J. E. B.Pink, R. Bonner
    Clark, HenryHolland, PhilipPounder, Rafton
    Clegg, WalterHordern, PeterPowell, Rt. Hn. J. Enoch
    Cooke, RobertHornby, RichardPrice, David (Eastleigh)
    Cooper-Key, Sir NeillHowell, David (Guildford)Prior, J. M. L.
    Corfield, F. V.Hunt, JohnPym, Francis
    Costain, A. P.Hutchison, Michael ClarkQuennell, Miss J. M.
    Crouch, DavidIremonger, T. L.Ramsden, Rt. Hn. James
    Crowder, F. P.Irvine, Bryant Godman (Rye)Rawlinson, Rt. Hn. Sir Peter
    Cunningham, Sir KnoxJenkin, Patrick (Woodford)Renton, Rt. Hn. Sir David
    Dalkeith, Earl ofJohnston, Russell (Inverness)Rhys Williams, Sir Brandon
    Dance, JamesJones, Arthur (Northants, S.)Ridley, Hn. Nicholas
    Davidson, James(Aberdeenshire, W.)Kaberry, Sir DonaldRodgers, Sir John (Sevenoaks)
    Dean, Paul (Somerset, N.)Kerby, Capt. HenryRossi, Hugh (Hornsey)
    Deedes, Rt. Hn. W. F. (Ashford)Kershaw, AnthonyRoyle, Anthony
    Digby, Simon WingfieldKimball, MarcusRussell, Sir Ronald
    Dodds-Parker, DouglasKing, Evelyn (Dorset, S.)St. John-Stevas, Norman
    Doughty, CharlesKirk, PeterScott, Nicholas
    Drayson, G. B.Kitson, TimothyScott-Hopkins, James
    du Cann, Rt. Hn. EdwardKnight, Mrs. JillSharples, Richard
    Eden, Sir JohnLambton, ViscountShaw, Michael (Sc'b'gh & Whithy)
    Elliot, Capt. Walter (Carshalton)Lancaster, Col. C. G.Silvester, Frederick
    Emery, PeterLane, DavidSinclair, Sir George
    Errington, Sir EricLegge-Bourke, Sir HarrySmith, Dudley (W'wick & L'mington)

    enforcement prescribed by the Secretary of State, all conceivable traffic warden duties would appear to be connected with the policing of the chief officer's area and already within the scope of that Section. Specific reference in Clause 123 as proposed in the Amendment would be otiose and I ask the House to reject this Amendment.

    Question put, That the Amendment be made: —

    The House divided: Ayes 214; Noes 248.

    Smith, John (London & W'minster)Turton, Rt. Hn. R. H.Wilson, Geoffrey (Truro)
    Speed, Keithvan Straubenzee, W. R.Winstanley, Or. M. P.
    Stainton, KeithVaughan-Morgan, Rt. Hn. Sir JohnWolrige-Gordon, Patrick
    Steel, David (Roxburgh)Vickers, Dame JoanWood, Rt. Hn. Richard
    Stodart, AnthonyWalker, Peter (Worcester)Woodnutt, Mark
    Stoddart-Scott Col. Sir M. (Ripon)Wall, PatrickWorsley, Marcus
    Tapsell, PeterWalters, DennisWylie, N. R.
    Taylor, Sir Charles (Eastbourne)Weatherill, BernardYounger, Hn. George
    Taylor, Edward M.(G'gow, Cathcart)Webster, David
    Taylor, Frank (Moss Side)Wells, John (Maidstone)
    Teeling, Sir WilliamWhitelaw, Rt. Hn. WilliamTELLERS FOR THE AYES:
    Temple, John M.Williams, Donald (Dudley)Mr. R. W. Elliott and
    Thatcher, Mrs. MargaretWills, Sir Gerald (Bridgwater)Mr. Hector Monro.

    NOES

    Albu, AustenEadie, AlexLomas, Kenneth
    Alldritt, WalterEdwards, Robert (Bilston)Lyon, Alexander W. (York)
    Allen, ScholefieldEdwards, William (Mrioneth)Lyons, Edward (Bradford, E.)
    Anderson, DonaldEllis, JohnMabon, Dr. J. Dickson
    Archer, PeterEnglish, MichaelMcBride, Neil
    Armstrong, ErnestEnnals, DavidMcCann, John
    Atkins, Ronald (Preston, N.)Ensor, DavidMacColl, James
    Bacon, Rt. Hn. AliceEvans, Albert (Islington, S.W.)MacDermot, Niall
    Bagier, Gordon A. T.Faulds, AndrewMacdonald, A. H.
    Barnes, MichaelFletcher, Ted (Darlington)McGuire, Michael
    Barnett, JoelFoley, MauriceMcKay, Mrs. Margaret
    Bence, CyrilFoot, Rt. Hn. Sir Dingle (Ipswich)Mackenzie, Gregor (Rutherglen)
    Benn, Rt. Hn. Anthony WedgwoodFoot, Michael (Ebbw Vale)Mackie, John
    Bennett, James (G'gow, Bridgeton)Forrester, JohnMackintosh, John P.
    Binns, JohnFowler, GerryMaclennan, Robert
    Bishop, E. s.Fraser, John (Norwood)McMillan, Tom (Glasgow, C.)
    Blackburn, F.Freeson, ReginaldMcNamara, J. Kevin
    Blenkinsop, ArthurGalpern, Sir MyerMacPherson, Malcolm
    Boardman, H. (Leigh)Gardner, TonyMahon, Peter (Preston, S.)
    Booth, AlbertGarrett, W. E.Mallatieu, E. L. (Brigg)
    Boyden, JamesGourlay, HarryMallalieu, J. P. W. (Huddersfield, E.)
    Braddock, Mrs. E. M.Gray, Dr. Hugh (Yarmouth)Manuel, Archie
    Bradley, TomGreenwood, Rt. Hn. AnthonyMarks, Kenneth
    Brooks, EdwinGregory, ArnoldMarquand, David
    Broughton, Dr. A. D. D.Griffiths, David (Rother Valley)Marsh, Rt. Hn. Richard
    Brown, Hugh D. (G'gow, Provan)Gunter, Rt. Hn. R. J.Mason, Rt. Hn. Roy
    Brown, Bob (N'c'tle-upon-Tyne, W.)Hamling, WilliamMayhew, Christopher
    Brown, R. W. (Shoreditch & F'bury)Hannan, WilliamMendelson, J. J.
    Buchan, NormanHarper, JosephMikardo, Ian
    Buchanan, Richard (G'gow, Sp'burn)Harrison, Walter (Wakefield)Millan, Bruce
    Butler, Mrs. Joyce (Wood Green)Haseldine, NormanMiller, Dr. M. S.
    Cant, R. B.Hattersley, RoyMilne, Edward (Blyth)
    Carmichael, NeilHazell, BertMitchell, R. C. (S'th'pton, Test)
    Carter-Jones, LewisHealey, Rt. Hn. DenisMorgan, Elystan (Cardiganshire)
    Castle, Rt. Hn. BarbaraHoughton, Rt. Hn. DouglasMorris, Alfred (Wythenshawe)
    Coe, DenisHowarth, Harry (Wellingborough)Morris, Charies R. (Openshaw)
    Coleman, DonaldHowarth, Robert (Bolton, E.)Moyle, Roland
    Concannon, J. D.Howie, W.Murray, Albert
    Conlan, BernardHoy, JamesNeal, Harold
    Corbet, Mrs. FredaHuckfield, LeslieNewens, Stan
    Craddock, George (Bradford, S.)Hughes, Rt. Hn. Cledwyn (Anglesey)Norwood, Christopher
    Crawshaw, RichardHughes, Emrys (Ayrshire, S.)Ogden, Eric
    Cronin, JohnHughes, Roy (Newport)O'Malley, Brian
    Crosland, Rt. Hn. AnthonyHunter, AdamOrme, Stanley
    Crossman, Rt. Hn. RichardHynd, JohnOswald, Thomas
    Cullen, Mrs. AliceIrvine, Sir Arthur (Edge Hill)Owen, Dr. David (Plymouth, S'tn)
    Dalyell, TamJackson, Colin (B'h'se & Spenb'gh)Owen, Will (Morpeth)
    Davidson, Arthur (Accrington)Jackson, Peter M. (High Peak)Page, Derek (King's Lynn)
    Davies, Ednyfed Hudson (Conway)Jay, Rt. Hn. DouglasPaget, R. T.
    Davies, G. Elfed (Rhondda, E.)Jeger, Mrs. Lena (H'b'n&St.P'cras,S.)Palmer, Arthur
    Davies, Dr. Ernest (Stretford)Jenkins, Hugh (Putney)Park, Trevor
    Davies, Harold (Leek)Jenkins, Rt. Hn. Roy (Stechford)Parker, John (Dagenham)
    Davies, Ifor (Gower)Johnson, Carol (Lewisham, S.)Parkin, Ben (Paddington, N.)
    de Freitas, Rt. Hn. Sir GeoffreyJohnson, James (K'ston-on-Hull W.)Parkyn, Brian (Bedford)
    Dell, EdmundJones, Rt. Hn. Sir Elwyn(W.Ham, S.)Pavitt, Laurence
    Dempsey, JamesJones, J. Idwal (Wrexham)Pearson, Arthur (Pontypridd)
    Dewar, DonaldJones, T. Alec (Rhondda, West)Peart, Rt. Hn. Fred
    Diamond, Rt Hn. JohnJudd, FrankPentland, Norman
    Dickens, JamesKerr, Mrs. Anne (R'ter & Chatham)Perry, Ernest G. (Battcrsea, S.)
    Dobson, RayKerr, Russell (Feltham)Perry, George H. (Nottingham, S.)
    Doig, PeterLawson, GeorgePrentice, Rt. Hn. R. E.
    Driberg, TomLedger, RonPrice, Thomas (Westhoughton)
    Dunn, James A.Lee, John (Reading)Probert, Arthur
    Dunnett, JackLestor, Miss JoanRankin, John
    Dunwoody, Mrs. Gwyneth (Exeter)Lever, Harold (Cheetham)Rees, Merlyn
    Dunwoody, Dr. John (F'th & C'b'e)Lewis, Ron (Carlisle)Reynolds, G. W.

    Richard, IvorSnow, JuliarWatkins, Tudor (Brecon & Radnor)
    Robertt, Goronwy (Caernarvon)Spriggs, LeslieWellbeloved, James
    Robertson, John (Paisley)Stewart, Rt. Hn. MichaelWhitlock, William
    Robinson, Rt. Hn. Kenneth (St.P'c'as)Storehouse, JohnWilliams, Alan (Swansea, W.)
    Robinson, W. O. J. (Walth'stow, E.)Strauss, Rt. Hn. G. R.Williams, Alan Lee (Hornchurch)
    Rodgers, William (Stockton)Summerskill, Hn. Dr. ShirleyWilliams, Clifford (Abertillery)
    Roebuck, RoySwain, ThomasWilliams, Mrs. Shirley (Hitchin)
    Rose, PaulSwingler, StephenWillis, Rt. Hn. George
    Ross, Rt. Hn. WilliamTaverne, DickWilson, Rt. Hn. Harold (Huyton)
    Shaw, Arnold (llford, S.)Thomas, Rt. Hn. GeorgeWilson, William (Coventry, S.)
    Sheldon, RobertThomson, Rt. Hn. GeorgeWinnick, David
    Shore, Rt. Hn. Peter (Stepney)Tinn, JamesWoof, Robert
    Short, Rt. Hn. Edward (N'c'tle-u-Tyne)Urwin, T. W.Yates, Victor
    Silkin, Rt. Hn. John (Deptford)Varley, Eric G.
    Silkin, Hn. S. C. (Dulwich)Wainwright, Edwin (Dearne Valley)
    Silver-man, Julius (Aston)Walden, Brian (Alt Saints)TELLERS FOR THE NOES:
    Slater, JosephWalker, Harold (Doncaster)Mr. Alan Fitch and
    Small, WilliamWatkins, David (Consett)Mr. Ioan Evans.

    Clause 126

    COMPENSATION FOR LOSS OF EMPLOYMENT ETC.

    I beg to move Amendment No. 442, in page 165, line 41, at end insert:

    (b) the revocation under paragraph 10(1) of Schedule 6 to this Act of any consent; or.
    I think that we can make progress very quickly on this very simple Amendment. We are seeking an entirely permissive power to be built into the legislation. It is merely to add certain words to Clause 126 which provides for compensation for loss of employment in certain specified circumstances. We wish to provide that any operator who loses his licence under a passenger transport authority shall be eligible under Schedule 6 provisions— there is nothing to suggest that it should be mandatory—for compensation under this Clause.

    Where an operator loses his licence under Schedule 6 when he has been operating under a passenger transport authority, he might want to sell his business to the authority. By the normal means of valuing the business it could easily be that the net profits could be multiplied in a given formula, but an owner driver would get no compensation and he could find no alternative employment. It seems reasonable that the authority should take this into account and, if it thought that there was a case for compensation, to pay that compensation.

    Division No. 203.]

    AYES

    [12.34 a.m.

    Alison, Michael (Barkston Ash)Awdry, DanielBatsford, Brian
    Allason, James (Hemel Hempstead) Baker, Kenneth (Acton) Beamish, Col. Sir Tufton
    Astor, JohnBaker, W. H. K.(Banff) Bell, Ronald
    Atkins, Humphrey (M't'n & M'd'n) Balniel, LordBerry, Hn. Anthony

    system which both parties have operated on the question of compensation. To widen the traditional limits for compensation in nationalisation would open a great deal of difficulty, not least the consequences to the public purse. I must ask the Opposition to think again about this.

    I know that the hon. Member for Tavistock (Mr. Michael Heseltine) is playing a new rôle, but he is far too modest in thinking that this would be a minor adjustment. It would be a great departure from the traditional forms of compensation which both parties have accepted for 20 years.

    This Amendment would widen the provisions of Clause 126 relating to statutory compensation so that a person who suffers a loss of employment or loss or diminution of emoluments or pensions rights or worsening of his position which is attributable to the revocation of an operator's licence by a P.T.A. may become entitled to such compensation. I want the Opposition to think more about this. It would be quite wrong to bring these circumstances within the ambit of Clause 126. This is a new departure proposed by the Opposition.

    I should like to think that this is a probing Amendment to open up a field of discussion, but I strongly counsel the House not to accept the Amendment.

    Question put, That that Amendment be made:—

    The House divided: Ayes 214, Noes 244.

    Bessell, PeterHall-Davis, A G. F.Pardoe, John
    Biffen, JohnHamilton, Michael (Salisbury)Pearson, Sir Frank (Clitheroe)
    Biggs-Davison, JohnHarrison, Brian (Maldon)Peel, John
    Black, Sir CyrilHarrison, Co,. Sir Harwood (Eye)Percival, Ian
    Blaker, PeterHarvey, Sir Arthur VerePeyton, John
    Boardman, Tom (Leicester, S.W.)Harvie Anderson, MissPike, Miss Mervyn
    Body, RichardHastings, StephenPink, R. Bonner
    Bossom, Sir CliveHawkins, PaulPounder, Rafton
    Boyd-Carpenter, Rt. Hn. JohnHeald, Rt. Hn. Sir LionelPowell, Rt. Hn. J. Enoch
    Boyle, Rt. Hn. Sir EdwardHeath, Rt. Hn. EdwardPrice, David (Eastleigh)
    Braine, BernardHeseltine, MichaelPrior, J. M. L.
    Brewis, JohnHiggins, Terence L.Pym, Francis
    Brinton, Sir TattonHiley, JosephQuennell, Miss J. M.
    Bromley-Davenport, Lt.-Col. Sir WalterHill, J. E. B.Ramsden, Rt. Hn. James
    Brown, Sir Edward(Bath)Holland, PhilipRawlinson, Rt. Hn. Sir Peter
    Bruce-Cardyne, J.Hordern, PeterRenton, Rt. Hn. Sir David
    Bryan, PaulHornby, RichardRhys Williams, Sir Brandon
    Buchanan-Smith, Alick(Angus, N & M)Howell, David (Guildford)Ridley, Hn. Nicholas
    Buck, Antony (Colchester)Hunt, JohnRodgers, Sir John (Sevenoaks)
    Bullus, Sir EricHutchison, Michael ClarkRossi, Hugh (Hornsey)
    Burden, F. A.Iremonger, T. L.Royle, Anthony
    Campbell, GordonIrvine, Bryant Godman (Rye)Russell, Sir Ronald
    Carr, Rt. Hn. RobertJenkin, Patrick (Woodford)St. John-Stevas, Norman
    Cary, Sir RobertJohnston, Russell (Inverness)Scott, Nicholas
    Chichester-Clark, R.Jones, Arthur (Northants, S.)Scott-Hopkins, James
    Clark, HenryKaberry, Sir DonaldSharples, Richard
    Clegg, WalterKerby, Capt. HenryShaw, Micheal(Sc'b'h & Whitby)
    Cooke, RobertKershaw, AnthonySilvester, Frederick
    Cooper-Key, Sir NeillKimball, MarcusSinclair, Sir Geroge
    Corfield, F.V.King, Evleyn (Dorest, S.)Smith, Dudely (W'Wick & L'mington)
    Costain, A.P.Kirk, PeterSmith, John (London & W' minster)
    Crouch, DavidKitson, TimothySpeed, Keith
    Crowder, F. P.Knight, Mrs. JillStainton, Keith
    Cunningham, Sir KnoxLambton, ViscountSteel, David (Roxburgh)
    Dalkeith, Earl ofLancaster, Col. C. G.Stodart, Anthony
    Dance, James.Lane, DavidStoddart-Scott, Col. Sir M. (Ripon)
    Davidson, James (Aberdeenshire)Legge-Bourke, Sir HarryTapsell, Peter
    Dean, Paul (Somerset, N.)Lewis, Kenneth (Rutland)Taylor, Sir Charles (Eastbourne)
    Deedes, Rt. Hn. W. F. (Ashford)Lloyd, Ian (P'tsm'th, Langstone)Taylor, Edward M.(G'gow, Cathcart)
    Digby, Simon WingfieldLubbock, EricTaylor, Frank (Moss side)
    Dodds-Parker, Douglas MacArthur, IanTeeling, Sir William
    Doughty, CharlesMaclean, Sir FitzroyThatcher, Mrs. Margaret
    Drayson, G. B.McMaster, StanleyTurton, Rt. Hn. R. H.
    du Cann, Rt. Hn. EdwardMacmillan, Maurice (Farnham)van Straubenzee, W. R.
    Eden, Sir JohnMaddan, MartinVaughan-Morgan, Rt. Hn. Sir John
    Elliot, Capt, Walter (Carshalton)Marples, Rt. Hn. ErnestVickers, Dame Joan
    Erringthon, Sir EricMarten, NeilVickers, Peter (Worcester)
    Eyre, ReginaldMaude, AngusWall, patrick
    Fisher, NigelMawby, RayWalter, Dennis
    Fletcher-Cooke, CharlesMills, Peter (Torrington)Weatherill, Bernard
    Fortescue, TimMills, Stratton (Belfast, N.)Webster, David
    Foster, Sir, JohnMiscampbell, NormanWells, John (Maidstone)
    Galbraith, Hn. T.G.Mitchell, David (Basingstoke)Whitelaw, Rt. Hn. William
    Gibson-Watt, DavidMontgomery, FergusWilliams, Donald (Dudley)
    Giles, Rear-Adam, MorganMore, JasperWills, Sir Gerlad (Bridgwater)
    Gilmour, Ian (Norfolk)
    Gilmour, Sir John (Fife, E.)Morrison, Charles (Devizes)Wilson, Geoffrey (Truro)
    Glyn, Sir RichardMott-Radclyffe, Sir CharlesWinstanley, Dr. M. P.
    Godber, Rt. Hn. J. B.Munro-Lucas-Tooth, Sir HughWolrige-Gordon, Patrick
    Goodhart, PhilipMurton, OscarWood, Rt. Hn. Richard
    Goodhew, VictorNeave, AlreyWoodnutt, Mark
    Cower, RaymondNicholls, Sir HarmarWorsley, Marcus
    Grant, AnthonyNoble, Rt. Hn. MichaelWylie, N. R.
    Grant-Ferris, R.Nott, John.Younger, Hn. George
    Gresham Cooke, R.Onslow, Cranley
    Grieve, PercyOrr, Capt. L. P. S.
    Griffiths, Eldon (Bury St. Edmunds)Orr-Ewing, Sir IanTELLERS FOR THE AYES:
    Gurden, HaroldPage, Graham (Crosby)Mr. R. W. Elliot and
    Hall, John (Wycombe)Page, John (Harrow, W.)Mr. Hector Monro

    NOES

    Albu, AustenBennett, James (G'gow, Bridgeton)Brown, Hugh D. (G'gow, Provan)
    Aldritt, WalterBinns, JohnBrown, Bob(N'c'tle-upon-Tyne, W.)
    Anderson, DonaldBishop, E. S.Brown, R.W. (Shoreditch & F'bury)
    Archer, PeterBlackburn, F.Buchan, Norman
    Armstrong, ErnestBlenkinsop, ArthurBuchanan, Richard (G'gow, Sp'burn)
    Atkins, Ronald (Preston, N.)Boardman, H. (Leigh)Butler, Mrs. Joyce (Wood Green)
    Bacon, Rt. Hn. AliceBooth, AlbertCant, R. B.
    Bagier, Gordon A. T.Boyden, JamesCarmichael, Neil
    Barnes, MichaelBraddock, Mrs. E. M.Carter-Jones, Lewis
    Barnett, JoelBradley, TomCastle, Rt. Hn. Barbara
    Bence, CyrilBrooks, EdwinCoe, Denis
    Benn. Rt. Hn. Anthony WedgwoodBroughton, Dr. A. D. D.Coleman, Donald

    Concannon, J. D.Hunter, AdamPage, Derek (King's Lynn)
    Conlan, BernardHynd, JohnPaget, R. T.
    Corbet, Mrs. FredaIrvine, Sir Arthur (Edge Hill)Palmer, Arthur
    Craddock, George (Bradford, S.)Jackson, Colin (B'h'se & Spenb'gh)Park, Trevor
    Crawshaw, RichardJackson, Peter M. (High Peak)Parker, John (Dagenham)
    Cronin, JohnJay, Rt. Hn. DouglasParkyn, Brian (Bedford)
    Crosland, Rt. Hn. AnthonyJeger, Mrs.Lena(H'b'n & St.P'cras, S.) Pavitt, Laurence
    Crosman, Rt. Hn. RichardJenkins, Hugh (Putney)Pearson, Arthur (Pontypridd)
    Cullen, Mrs. AliceJohnson, Carol (Lewisham, S.)Peart, Rt. Hn. Fred
    Dalyell, TamJohnson, James (K'ston-on-Hull W.)pentland, Norman
    Davidson, Arthur (Accrington)Jones, Rt. Hn. Sir Elwyn(W.Ham, S.)Perry, George H. (Nottingham, S.)
    Davies, Ednyfed Hudson (Conway)Jones, J. Idwal (Wrexham)Prentice, Rt. Hn. R. E.
    Davies, G. Elfed (Rhondda, E.)Jones, T. Alec (Rhondda, West)Price, Thomas (Westhoughton)
    Davies, Dr. Ernest (Strctford)Judd, FrankPrice, William (Rugby)
    Davies, Harold (Leek)Kerr, Mrs. Anne (R'ter & Chatham) Probert, Arthur
    Davies, Ifor (Cower)Kerr, Russell (Feltham)Rankin, John
    Dell, EdmundLawson, GeorgeRees, Merlyn
    Dempsey, JamesLedger, RonReynolds, G. W.
    Dewar, DonaldLee, John (Reading)Richard, Ivor
    Diamond, Rt. Hn. JohnLestor, Miss JoanRoberts, Goronwy (Caernarvon)
    Dickens, JamesLever, Harold (Cheetham)Robertson, John (Paisley)
    Dobson, RayLewis, Ron (Carlisle)Robinson, Rt. Hn. Kenneth(St.P'c'as)
    Doig, PeterLomas, KennethRobinson, W. O. J. (Walth'stow, E.)
    Driberg, TomLyon, Alexander W. (York)Rodgers, William (Stockton)
    Dunn, James A.Lyons, Edward (Bradford, E.)Roebuck, Roy
    Dunnett, JackMabon, Dr. J. DicksonRose, Paul
    Dunwoody, Dr. John (F'th & c'b'e)McBride, NeilRoss, Rt. Hn. William
    Eadie, AlexMacColl, JamesShaw, Arnold (llford, S.)
    Edwards, Robert (Bllston)MacDermot, NiallSheldon, Robert
    Edwards, William (Merioneth)Macdonald, A. H.Shore, Rt. Hn. Peter (Stepney)
    Ellis, JohnMcGuire, MichaelShort, Rt. Hn. Edward (N'c'tle-u-Tyne)
    English, MichaelMcKay, Mrs. MargaretSilkin, Rt. Hn. John (Deptford)
    Ennals, DavidMackenzie, Gregor (Rutherglen)Silkin, Hn. S. C. (Dulwich)
    Ensor, DavidMackie, JohnSilverman, Julius (Aston)
    Evans, Albert (Islington, S.W.)Mackintosh, John P.Slater, Joseph
    Faulds, AndrewMaclennan, RobertSmall, William
    Fitch, Alan (Wigan)McMillan, Tom (Glasgow, C.)Snow, Julian
    Fletcher, Ted (Darlington)McNamara, J. KevinSpriggs, Leslie
    Foley, MauriceMacPherson, MalcolmStewart, Rt. Hn. Michael
    Foot, Rt. Hn. Sir Dingle (Ipswich)Mahon, Peter (Preston, S.)Stonehouse, John
    Foot, Michael (Ebbw Vale)Mallalieu, E. L. (Brigg)Strauss, Rt. Hn. G. R.
    Forrester, JohnMallalieu, J. P. W.(Huddersflield, E.)Summerskill, Hn. Dr. Shirley
    Fowler, GerryManuel, ArchieSwain, Thomas
    Fraser, John (Norwood)Marks, KennethSwingler, Stephen
    Freeson, ReginaldMarquand DavidTaverne, Dick
    Galpern, Sir MyerMarsh, Rt. Hn. RichardThomas, Rt. Hn. George
    Gardner, TonyMason, Rt.Hn. RoyThomson, Rt. Hn. George
    Garrett, W. E.Mayhew, ChirstopherTinn, James
    Gourlay, HarryMendelson, J. J.Urwin, T. W.
    Gray, Dr. Hugh (Yarmouth)Mikardo, IanVarley, Eric G.
    Greenwood, Rt. Hn. AnthonyMillian, BruceWainwright, Edwin (Dearne Valley)
    Gregory, ArnoldWalden, Brian (All Saints)
    Grey, Charles (Durham)Miller, Dr. M. S.Walker, Harold (Doncaster)
    Griffths, David (Rother Valley)Milne, Edwsrd(Blyth)Watkins, David (Consett)
    Gunter, Rt. Hn. R. J.Mitchell, R. C. (S'th'pton, Test)Watkins, Tudor (Brecon & Radnor)
    Hamling, WilliamMorgan, Elystan (Cardiganshire)wellbeloved, James
    Hannan, WilliamMorris, Alfred (Wythenshawe)whitlock, William
    Harper, JosephMorris, Charles R. (Openshaw)Williams, Alan (Swansea, W.)
    Harrison, Walter (Wakefield)Morris, John (Aberavon)Williams, Alan Lee (Hornchurch)
    Haseldine, NormanMoyle, RolandWilliams, Clifford (Abertillery)
    Hattersley, RoyMurray, AlbertWilliams, Mrs. Shirley (Hitchin)
    Hazell, Bert Neal, HaroldWillis, Rt. Hn. George
    Healey, Rt. Hn. DenisNewens, StanWilson, Rt. Hn. Harold (Huyton)
    Howarth, Harry (Wellingborough)Noel-Baker, Rt. Hn. Philip(Derby, S.)Wilson, William (Coventry, S.)
    Howarth, Robert (Bolton, E.)Norwood, ChristopherWinnick, David
    Howie, W.Ogden, EricWoof, Robert
    Hoy, JamesO'Malley, BrianYates, Victor
    Huckfleld, LeslieOrme, Stanley
    Hughes, Rt. Hn. Cledwyn (Anglesey)Oswald, ThomasTELLERS FOR THE NOES:
    Hughes, Emrys (Ayrshire, S.)Owen, Dr. David (Plymouth, S'tn)Mr. Loan L. Evans and
    Hughes, Roy (Newport)Owen, Will (Morpeth)Mr. Ernest G. Perry.

    Clause 128

    MACHINERY FOR NEGOTIATION AND CONSULTATION WITH STAFF

    12.45 a.m.

    I beg to move— [Interruption]—I do not deserve applause except, perhaps, because I have shown

    such exemplary patience. At last I am on my feet, talking at last about one of my Amendments.

    I beg to move Amendment No. 514, in page 168, line 34, at end insert ' and their subsidiaries'.

    It would be for the convenience of the House if, with this Amendment, we also include Amendments 515, in page 168, line 35, at end insert ' and their subsidiaries ';

    No. 516, in page 168, line 37, at end insert ' and their subsidiaries ';

    No. 517, in page 168, line 38, after 'authority ', insert' and its subsidiaries ';

    No. 518, in page 168, line 42, leave out from ' levels ' to ' it' in line 43;

    No. 519, in page 168, line 45, leave out from 'any' to 'with' in line 1, page 169 and insert 'recognised and bona fide trade unions or unions approved by the Trades Union Congress ';

    No. 520, in page 169, line 2, leave out 'if the authority so decides ';

    No. 521, in page 169, line 13, after 'of' insert 'joint';

    No. 522, in page 169, line 19, after 'of', insert 'joint';

    No. 523, in page 169, line 21, at end insert:
    (d) the joint control over the engagement and displacement of servants employed by the authority, whether directly or by a subsidiary of that authority;
    No. 524, in page 169, line 43, to leave out ' by other persons participating therein' and insert ' with the workers' representatives';

    No. 525, in page 170, line 1, leave out 'such';

    No. 526, in page 170, line 3, leave out from 'as' to end of line 5 and insert: '
    which shall include, as requested by the trade unions concerned—
  • (a) pay, to include payroll details, methods of payment of servants, managerial, board members and directors emoluments.
  • (b) labour, to include the number of servants employed by the authority and its subsidiaries, breakdowns of the number of servants employed in each category or grade, changes in methods of work, and labour use, labour turnover, future labour plans, absence and sickness rates, and accident statistics.
  • (c) finance and production, to include, labour costs per unit of output, cost and pricing structures, financial and production information about the authority or any of its sub-units including industrial plants and garages, turnover, future investments and future investment policies, purchasing policies, and ownership in associated companies and subsidiaries.
  • (d) promotion, to include the changes in the structure of management, promotion methods and policy.
  • (e) training, training policy for the shop-floor, technical and management grades.
  • (f) any other information which after consultation with the workers' representatives concerned is necessary to enable those persons to participate effectively in the discussion.
  • Thank you, Mr. Speaker. Clause 128 deals with the machinery for negotiation and consultation with the staff, and this group of Amendments sets out means for strengthening those processes. The National Freight Corporation will no doubt set up its subsidiaries and, that being so, it may well be that those subsidiaries will act independently of the parent body. So it is essential that consultation with the staff should take place at the appropriate level and not be constantly referred to that parent body.

    These Amendments are quite simple inasmuch as they set out to do this. It may be argued that subsidiaries are nowhere mentioned in the Bill, but I think that they will be established; and that is why these Amendments are moved. In Amendment No. 519, the object is to make for clarity. This is why I have brought forward the Amendments. The Clause says:
    "… any organisation appearing to them"—
    the authorities—
    "to be appropriate …"
    This is vague. I would prefer the stronger wording of my Amendment. Everyone recognises the value of joint consultation, especially in these days. The Clause gives ample scope for it. The Amendments would provide a system whereby the employees could feel part of the undertaking and not outwith it.

    Amendment No. 526 deals with the information that the unions should have if they are to take in discussions. I remind my right hon. Friend that the Labour Party issued a document dealing with industrial democracy and I quote from it in the hope that he may feel able to accept my Amendments. It said:
    "It should be a primary aim of the industries under public ownership to give the lead in enabling the worker to realise his individual potential…
    democratic participation, education and training and promotion arrangements are involved … … the time is ripe for a serious attempt to widen the area of common decision-taking and acceptance of responsibility—in place of managerial 'prerogatives'.
    An extension of worker participation backed by industrial training and the provision of relevant information by the managements will make an important contribution to industrial efficiency."
    No one will quarrel with that outlook and the Amendments would embrace it in the Bill. They would make a substantial contribution to increasing the participation of workers in industry. It is an aim which the Government have professed more than once.

    At this hour it is a pleasure to respond to my hon. Friend who was such an active and able member of the Standing Committee. He and I up to this point have spent a total of roughly 220 hours examining this Bill in Committee and on the Report stage; and we have a little time to go yet.

    Since everybody in the House knows of his wide experience and knowledge of the road transport industry, we have naturally considered any Amendments which he has put down in the course of the Bill with very great care. Having considered these Amendments I have to tell my hon. Friend and the House that on re-examination of Clause 128 of this Bill we consider that it provides for the machinery for negotiation and consultation with the staff and that his Amendments are unnecessary.

    I will go straight to the heart of Clause 128(2), which applies to the Railways Board, the Waterways Board, the Transport Holding Company, new authorities and the P.T.Es. It states that:
    "it shall be the duty of the authority, either directly, or indirectly by exercising control over subsidiaries, to seek consultation with any organisation appearing to them to be appropriate with a view to the conclusion between the authority and that organisation … of such agreements … as appear to be desirable …" etc.
    I would make to my hon. Friend the point that we have put emphasis on "indirectly by exercising control over subsidiaries", namely that where an organisation like, for example, the Transport Holding Company and, as he correctly thinks, some of the authorities established under this Bill, is organised mainly through subsidiary organisations, clearly the duty is placed on the authority to exercise control over all their subsidiary organisations to seek consultation with the trade unions to establish appropriate machinery. And then there are set out the three aims and objects, first for machinery for settlement by negotiation of terms and conditions of employment. That is the main point. Secondly:
    "the promotion and encouragement of measures affecting efficiency and the promotion and encouragement of the training of persons employed."
    Thirdly:
    "the promotion and encouragement of measures affecting the safety, health and welfare of persons employed."
    All these main objects are set out in the Bill. First, we want to ensure that in the case of all these authorities machinery is established, either at national level or through control exercised by any holding company over its subsidiaries. That holding company has, of course, the authority to ensure that joint consultative machinery will be established. It will cover negotiation and bargaining on pay and conditions, and the promotion and encouragement of measures affecting efficiency, productivity, training, safety, health and welfare.

    I believe that on re-examination and consideration my hon. Friend will find that all the points with which he is concerned are covered here in the Bill; and he has the assurance that those words in the Bill mean that in the case of all authorities organised in the form of subsidiary undertakings, those undertakings will be directed by the national authority to establish the joint consultative machinery which he and I wish to see established.

    In the light of those assurances, I beg to ask leave to withdraw the Amendment.

    Amendment, by leave, withdrawn.

    Clause 129

    TRAVEL CONCESSIONS

    1.0 a.m.

    I beg to move Amendment No. 444, in page 170, line 43, leave out from beginning to end of line 45 and insert:

    'and the Executive shall only enter into such arrangements where they form part of an overall plan approved by the Authority for the designated area'.

    It would be in order, I think, to discuss with this Amendment Amendment No. 445, in page 171, line 23, at end insert:

    (3A) Any arrangements entered into by a local authority under subsection (3) of this section shall include provision that all the relevant travel concessions are available on each comparable service operating over the route, or in the area in question;
    No. 446, in page 171, line 46, at end insert:
    ' and it shall be within the power of the local authority to introduce a scheme that would discriminate between one person and another so as to concentrate their concessions on those persons with the greatest need';
    No. 447, in page 172, line 18, leave out from ' commissioners' to end of line 19;

    No. 448, in page 172, line 20, leave out ' or Minister'.

    We would like to see various improvements in this Clause, which duals with travel concessions. I should make it clear that many of these Amendments are essentially probing Amendments, because there is room for further discussion. Every hon. Member representing a rural constituency must face up to this problem, so it is worth discussing this important and, I hope, non-political issue.

    The Clause enables passenger transport executives to make agreements with each local authority in that area independently for travel concessions, so many different arrangements could be made, giving a patchwork quilt effect in many of the big cities. This is the situation at present, and it causes concern, and this is what Amendment No. 444 is designed to deal with. I hope that I will not be told that this is a wrecking Amendment, in the sense that it would provide that no one could have concessionary fares until everyone had them, since I said that it is a probing Amendment.

    I want the more forward-looking authorities in each area to be the pacesetters. If they can reach these agreements only upon a uniform plan for the area, the impetus of these authorities will be towards the creation and adoption of such a plan. I hope the House will accept the point in the spirit in which I make it, especially when I say that the other possible interpretation of the wording is not intended.

    The Amendment would lead to the introduction into the great conurbations more quickly than any other way of comprehensive and identical schemes. Without it, the better authorities would adopt their schemes, which many have now, and the more wayward authorities would be less likely to do so. So the first object is to speed things up.

    The second is to make the practice of the best authorities the uniform practice. This will happen if all authorities come together under the umbrella of the passenger transport authority and the more enlightened authorities and argue with the authorities which are not so keen on these schemes to persuade them to accept the standards prevailing in the good authorities. Thus, the Amendment will have a beneficial effect in these areas.

    The object of Amendment No. 445 is equally clear. This deals with the second great dilemma of travel concessions. Often they do not refer to all the buses on a particular route. They cannot, as a subsidy from the rates, be paid to private operators. If they are paid to local operators of municipal buses there is the difficulty of varying boundaries and concessions between two municipal undertakings and it becomes a hotch potch arrangement which everybody agrees is undesirable.

    If it were necessary for the scheme adopted in an area to be uniform in pattern all the good authorities would bring up to their own level the scheme finally adopted, and they would use the pressure of trying to continue with existing schemes to persuade wayward colleagues to join them.

    First it will co-ordinate facilities, and secondly, it will make it possible for the grants we are discussing to become available for the private sector. Outside the passenger transport authorities there will be private operators running stage carriage services. It is desirable that if a subsidy is being given for the people who are not able to afford to pay the economic rate it should be irrelevant whether they are travelling on a privately owned bus or a publicly owned bus, on a stage carriage or an express carriage. All these things should come into a common pattern.

    Amendment No. 446 might conceivably arouse more passion in the House. I will not try to avoid facing up to the issues. I appreciate that this is the dilemma of the Welfare State today. What does one do about the scarce resources available to the community in trying to ensure that they go to the people who need them most. Hon. Members opposite have had to face up to this and introduce quite discriminatory schemes of the sort I am making possible by this legislation. All parties have got to the stage where we accept discrimination as the only way this nation can afford to look after the people who really need help. This will increase as time goes on. There is the problem of real poverty which the Welfare State has not eliminated and will not eliminate, and we must search for ways in which to deal with the situation.

    If a local authority of responsible people wants to introduce a scheme which concentrates the benefits which that local community has available on those people who need them most that is an exercise which this House should not prevent. It would have the advantage of limiting the resources available where they would do most good, and there would be larger benefits available for those with the greatest need.

    Amendments Nos. 447 and 448 are not of great consequence to the main debate but are included in this group. They mean that if there are to be appeals about the costing of travel concessions, instead of finding their way to the Ministry of Transport they should go to the local traffic commissioners. There is enough centralisation, and the more one can begin to turn back the process and give local controls of the sort involved in these Amendments the better.

    I hope that it will be possible for the Government to think about the points I have made. No doubt other hon. Members will wish to comment on these matters. At present the position is unsatisfactory and the Government could, by accepting this group of Amendments and—having thought the matter over and, if necessary, by taking steps in another place—by tabling further Amendments, improve the situation.

    Since this will probably be the last time that we shall hear the hon. Member for Tavistock (Mr. Michael Heseltine) on this subject for at any rate some months, and since the hour is late, perhaps we can forgive him for on this occasion not being up to his usual standard. [HON. MEMBERS: "Shame."] We are all getting rather tired. [HON. MEMBERS: "NO."] The hon. Gentleman demonstrated that he is facile first, ingenious second, adventitious third and confused fourth. Otherwise he made a good job of his speech. I will justify those points one by one.

    First, the hon. Gentleman called Amendment No. 444 a probing one. This discussion is supposed to be non-political, although it is a highly political subject, as it has become clear. This Amendment is based on a misunderstanding of subsection (1), which has the essential purpose of enabling local authorities to arrange for travel concessions on services provided by P.T.E.s, the cost being reimbursed by the local authorities; and in such cases the P.T.E.s do not require the approval of the P.T.A.s for giving concessions.

    I could give many examples to show how the present concessions vary. For example, in the Greater Manchester P.T. area, seven municipal undertakings give half-fare concessions for old age pensioners, or all over 65, male, and over 60, female. One gives half-fare concessions to those over 65 and one gives half-fares for those over 70. Two give no concessions at all. In the Merseyside area, one gives free travel to those over 70, one gives free travel to all over 70 and pensioners over 68, one gives 175 journeys free a year to those over 70 and one gives 3d. flat fares to all over 65, male, and over 60, female. There are similarly differing arrangements between undertakings in other areas.

    To enable local authorities to go through the interim period before the P.T.A.s are properly formed, constituted and running, subsection (1) is an interim measure and allows local authorities to arrange for travel concessions on services provided by the P.T.E.s, as I explained. Since the cost will be reimbursed by the local authorities, the electors will, therefore, have direct access to those who will make the policy in this interim period.

    Any attempt to try to change this arrangement along the lines of Amendment No. 444 would, to take a charitable view, make the best the enemy of the good. If we were not able to make these arrangements in the interim period, all concessionary fares would have to cease forthwith. That would not be desirable and I can hardly believe that that is the hon. Gentleman's intention. Having probed the Government by that Amendment, and having received this explanation, I trust that he will not wish to proceed with that proposal.

    I come to the hon. Gentleman's ingenious argument on Amendment No. 445. Presumably this proposal was intended to ensure that if local authorities arrange travel concessions for the old, blind and disabled on bus services operated by non-municipal undertakings —not P.T.E. services—they would do so on all the services concerned without discrimination.

    1.15 a.m.

    I readily admit that the hon. Gentleman's argument about the anxiety to get uniform concessions is fair, but it is a little disingenuous not to see that there is concern in some undertakings that, if concessions are given on the services of one operator but not another, there may be an abstraction of traffic from the latter's services. That would be a legitimate argument, but it is not one that he has been willing to substantiate. I suggest that that argument has to be taken into account as well as the fair one that he put forward.

    I am trying to emphasise that these powers given to the local authorities are essentially permissive. With the cost of them falling entirely on the rates, the local authorities must be allowed these permissive rights. We would be reluctant to impose provisions in a statute which would detract from the permissive nature of the powers.

    Turning, then, to Amendment No. 446, I will not go into the arguments about universality or selectivity. I will content myself with saying that the Amendment is unnecessary. Subsections (1) and (3) already allow a local authority to give concessions to
    " any persons such as are mentioned in subsection (5)".
    and subsection (5) says that the persons referred to in subsections (1) and (3) are persons mentioned in paragraphs (a), (b) and (c>) of the subsection
    " or any description of such persons ".
    Here again, we do not have to make a distinction. The Amendment is adventitious.

    Turning to Amendments Nos. 447 and 448, which the hon. Gentleman described as not very important, he fails to make the distinction here. There is provision for the costs of travel concessions to be determined by the Chairman of the Traffic Commissioners in the case of road passenger services or by the Minister in the case of other services. I hope that the two are seen to be distinct functions. The decision in either case is final, so a Chairman and the Minister are adjudicating in separate spheres. There is no question of an appeal to the Minister from a Chairman's decision, and, of course, it would be nonsense to suggest that there could be an appeal from the Minister to the chairman.

    The Amendments would delete all reference to the Minister, so, while the road passenger services appeal system would remain unaffected, the other services' appeal system would be damaged. The hon. Gentleman has confused the point. It is not a case of Whitehall knowing best. It is simply that there are two separate systems of appeal, one to the chairman and one to the Minister. There must be a system of appeal, and, for that reason as well, I am sure that the hon. Gentleman will not pursue his Amendments.

    I said at the beginning that I felt that the Amendments were probing. However, my main point still stands. It would have been likely to have achieved greater uniformity and a greater degree of concession for more people if my Amendments had been voted upon and put into the legislation. There is an argument for bringing about a universal scheme in each conurbation, and there should be no distinction made between municipal and private sector operations.

    However, I do not wish to ask my hon. Friends to divide the House on the matter. Therefore, I beg to ask leave to withdraw the Amendment.

    Amendment, by leave, withdrawn.

    Clause 129

    TRAVEL CONCESSIONS

    I beg to move Amendment No. 551, in page 175, line 17, leave out from beginning to end of line 21.

    This Amendment leaves put the operative subsection of Clause 129. The Clause seeks to classify the new authorities and executives as a particular form of statutory undertaker. The Freight Corporation, the Bus Company, the Scottish Group and the passenger transport executives will all become statutory undertakers under Section 86 of the Transport Act, 1962. The benefits given to statutory undertakers are very substantial in town and country planning law. These bodies will have to apply for planning permission when they wish to develop operational land. When planning permission is refused, as the law stands they will receive 100 per cent, compensation out of the ratepayer's pocket.

    If the Town and Country Planning Bill now passing through the House receives the Royal Assent and certain regulations are made under the new Act, that 100 per cent, will be reduced to 50 per cent, compensation in certain cases and in other cases there will be no compensation for refusal of planning permission. At the moment the House has only the statement from the Minister of State, Housing and Local Government of the intentions in regard to those regulations. What developments by statutory undertakers may, if refused planning permission, produce 50 per cent, compensation we do not know, except that we have been told that they will be the sort of developments where it is necessary that they should be in certain places and done in a certain manner. If there is a discretion to the statutory undertaker to carry out his undertaking where he chooses, if he chooses to do it somewhere that the planning authority does not like and the planning authority refuses planning permission, he will not get compensation either at 100 per cent, or 50 per cent.

    I quote from the Minister of State's statement during the Report stage of the Town and Country Planning Bill when he referred specifically to this Bill. He said:
    "Next, an example from the transport world. Under the Transport Bill, now before the House, the proposed new passenger transport executives will be statutory undertakers. They will have a wide variety of powers …"
    We know that they have a wide variety of powers—32 under Clause 10—
    " and they will certainly have operational land. I should expect a general extension to a city bus station to be specified development …"
    —and therefore to carry 50 per cent, compensation—
    "because the station is necessary to enable the executive to do its primary job, and the places where the extension could be sited would be considerably limited.
    Equally, I think that a new waiting room building at the station would be specified development. But a petrol filling station at a car park serving private car owners would not be. It would not be part of the primary function to provide transport services, and. if there were objection to it by the local planning authority, I do not think that the executive could claim that the primary operations for which it was set up would be seriously or unreasonably impeded."—[OFFICIAL REPORT, 20th May, 1968; Vol. 765, c. 79.]
    We have the statement of the intention of the Government introducing the Regulations, but until the regulations are made a statutory undertaker who is refused development of his operational plan can claim 100 per cent, compensation out of the taxpayers pocket. When the regulations are made in a great number of cases the statutory undertaker will still be able to claim 50 per cent, out of the ratepayers pocket. By this Bill we are to increase one hundred-fold, two hundred-fold, five hundred-fold, the number of statutory undertakers who will be able to take money out of the ratepayers pocket. We are not only creating these four bodies, the Freight Corporation, the Bus Company, the Scottish Group and the executives but all their subsidiaries. They may be building bookstalls or petrol filling stations or running car delivery firms. These are all to be statutory undertakers, and if an essential statutory undertaker were refused opportunity to develop at a certain pace by the local planning authority he would be entitled to be paid compensation. We really are increasing the burden on the ratepayers to a very great extent by this Bill. The Government ought to think about it again.

    There can be no Judy show without Punch and no Hamlet without the Prince, and I am very glad the hon. Member for Crosby (Mr. Graham Page) has been able to take part in our proceedings on this Bill at some stage.

    Unfortunately, he has not read this Clause with his usual assiduity. He is seeking innocently to achieve the very thing he fears, because he would in effect, if the Amendment were carried, be disapplying Section 86 of the Transport Act, 1962, and under the Bill the authorities he mentioned, and the P.T.A.s would get the wide privileges under the town and country planning legislation the existing boards enjoy. I can understand to some extent the hon. Gentleman's confusion. I have been trying to follow the Town and Country Planning Bill for England and Wales because of what we intend to do in Scotland.

    I think the hon. Gentleman misunderstood the Minister. The Minister will be able to define very closely by regulation what types of undertakings will attract rights to compensation. It will in effect mean a further restriction going beyond what is imposed by Section 86 of the 1962 Act. The special provisions of Section 86 are twofold. The special privileges apply only to development for purposes which are intrinsic in carrying out a statutory undertaker's business. I think the hon. Gentleman is worrying over much because he thinks the special privileges will somehow apply to the development for other purposes. I can assure him that is not so. Special privileges do not apply to purposes such as manufacturing activities under Clause 45, the development of shops and offices for use by other people, or the notorious oil refinery at Nuneaton, or paint works or the rather esoteric suggestions we have had from time to time. I want to assure the hon. Gentleman about this position. Application of the Section which he is seeking to delete would achieve the very thing he is aiming at.

    I think the hon. Gentleman is wrong on this. At it is worded, a subsidiary, if it has a statutory duty, will get the benefit of 50 per cent, compensation. If the hon. Gentleman does not intend it to have it, let him alter the Section, which needs alteration and very careful alteration.

    The last time the hon. Gentleman said that to me was on the Police (Scotland) Bill of 1966 and he was quite wrong and I had to write to him in those terms pointing it out to him. On this occasion again—I am sorry to be so certain about it—he is wrong. I was right on the last occasion and he was wrong. It is quite true that he is not always wrong and he is sometimes right. On this occasion he is wrong. What I am trying to distinguish for him is the distinction between special privileges resulting from the actual function of an undertaker in the statutory sense and peripheral functions which are not within the same compass.

    Proceedings on consideration of the Bill having continued for three and a half hours after Ten o'clock on Wednesday evening, Mr. SPEAKER proceeded, pursuant to Orders, to put forthwith the Question already proposed from the Chair.

    Question, That the Amendment be made, put and negatived.

    Mr. SPEAKER then proceeded, pursuant to Orders, to put forthwith the Questions on the Amendments, moved by a member of the Government, of which notice had been given, to the remaining part of the Bill.

    Clause 136

    MINOR AMENDMENTS OF ROAD TRAFFIC ACT, 1960

    Amendment made: No. 455, in page 180, line 1, at beginning insert:

    (1) The power of prescribing conferred by subsection (3) of section 117 of the Act of 1960 (which provides that for the purposes of that Act an express carriage is a public service vehicle carrying passengers at separate fares none of which is less than one shilling or such greater sum as may be prescribed) may be exercised so as to provide for different minimum fares for the purposes of that subsection in different circumstances.—[Mr. Marsh.]

    Clause 137

    APPROVAL MARKS

    Amendment made: No. 456, in page 180, line 41, at end insert:

    (2) In the said section 47, the expression 'motor vehicle part' shall include any equipment for the protection of drivers or passengers in or on a motor vehicle notwithstanding that it does not form part of, or of the equipment of, that vehicle.—[Mr. Marsh.]

    Clause 141

    AMENDMENTS AS TO DISQUALIFICATION FOR MEMBERSHIP OF HOUSE OF COMMONS, ETC.

    Amendment made: No. 457, page 181, line 36, at end insert:

    The Channel Tunnel Planning Council.— [Mr. Marsh.]

    Clause 145

    INTERPRETATION—GENERAL

    Amendments made: No. 459, page 184, line 30, at end insert:

    ' highway authority ' in relation to any highway means—
  • (a)for the purposes of the application of this Act to England or Wales, the highway authority for that highway under Part I of the Highways Act 1959;
  • (b)for the purposes of the application of this Act to Scotland—
  • (i) where the highway is a trunk road, the Secretary of State; and
  • (ii) in any other case, the county council or the town council of a burgh charged with the maintenance and management of any of the highways therein.—[Mr. Marsh.]
  • No. 460, in page 185, line 37, leave out from 'and' to end of line 38 and insert:

    ' except in section 30 of this Act includes a permit granted under the said section 30'.— [Mr. Doig.]

    Schedule 3

    BODIES WHOSE SECURITIES ARE TRANSFERRED TO FREIGHT CORPORATION

    Amendment made: No. 467, in page 194, leave out line 10.—[ Mr. Marsh.]

    Schedule 5

    PASSENGER TRANSPORT AUTHORITIES AND EXECUTIVES

    Amendment made: No. 472, in page 203, line 28, at end insert:

    8. The delegation of functions by the Authority or the Executive to a committee or to their chairman.—[Mr. Marsh.]

    Schedule 6

    PROVISIONS AS TO EXISTING OPERATORS AND SERVICES ON MAKING OF ORDER UNDER SECTION 19(1).

    Amendments made: No. 473, in page 207, line 28, at end insert: ' or any part thereof'.

    No. 474, in page 208, line 3, after 'up' insert ' the whole or part of'.

    No. 475, in page 208, line 19, leave out from ' compensation ' to 'of' in line 21 and insert:

    ' in pursuance of a requirement under sub-paragraph (a), or the price of any purchase in pursuance of a requirement under sub-paragraph (b), of paragraph 10(2)'.

    No. 476, in page 208, line 24, leave out ' paragraph 10(2) of this Schedule' and insert: ' the said paragraph 10(2)'. —[ Mr. Marsh.]

    Schedule 7

    BODIES WHOSE SECURITIES ARE TRANSFERRED TO BUS COMPANY

    Amendments made: No. 477, in page 209, line 38, at end insert: Greenslades Tours Limited.

    No. 478, in page 209, line 41, at end insert: London Coastal Coaches Limited.

    No. 479, in page 209, line 43, at end insert: The Mexborough and Swinton Traction Company Limited.

    No. 480, in page 209, line 44, at end insert: Neath and Cardiff Luxury Coaches Limited.

    No. 481, in page 209, line 50, at end insert: The Potteries Motor Traction Company Limited.

    No. 482, in page 209, line 51, at end insert: The Rhondda Transport Company Limited.

    No. 483, in page 210, line 3, at end insert: The South Wales Transport Company Limited.

    No. 484, in page 210, line 8, at end insert: Thomas Brothers (Port Talbot) Limited.

    Schedule 9

    TRANSPORT MANAGERS' LICENCES

    Amendments made: No. 487, in page 214, line 9, at end insert:

    (2A) A licensing authority who has made an order under sub-paragraph (2) of this paragraph may, in such circumstances as may be prescribed, cancel that order.

    No. 488, in page 214, line 11, leave out from ' under' to ' without' in line 12 and insert

    'sub-paragraph (1) or (2) of this paragraph in respect of any licence or the holder of any licence'.

    No. 489, in page 214, line 15, leave out ' the foregoing provisions' and insert 'sub-paragraph (1) or (2)'.—[ Mr. Marsh.]

    Schedule 10

    AMENDMENTS CONSEQUENTIAL ON PART V

    Amendment made: No. 491, in page 217, line 12, at end insert:

    Section 255 (method of calculating weight of vehicles).The reference to the Act of 1960 shall include a reference to Part V of this Act
    —[Mr. Marsh.]

    Schedule 11

    AMENDMENTS CONSEQUENTIAL ON PART VI

    Amendment made: No. 492, in page 220, line 31, at end insert:

    Section 255 (method of calculating weight of vehicles).The reference to the Act of 1960 shall include a reference to Part V of this Act
    —[Mr. Marsh.]

    Schedule 13

    ORDERS RELATING TO INLAND WATERWAYS

    Amendments made: No. 504, in page 223, line 38, leave out ' pleasure' and insert ' cruising.'

    No. 505, in page 224, line 9, leave out ' pleasure ' and insert ' cruising '.

    No. 506, in page 224, line 12, at end insert:

    4. In the case of a proposed order under section 105 of this Act in respect of a canal or part of a canal (within the meaning of that section) which appears to the Minister to be used to a significant extent for the purpose of navigation, the Minister shall consult with any organisation appearing to him to represent persons using it as aforesaid.

    No. 507, in page 224, line 37, leave out 'pleasure ' and insert ' cruising '.— [ Mr. Marsh.]

    Schedule 16

    SUPPLEMENTARY OR CONSEQUENTIAL PROVISIONS

    Amendments made: No. 508, in page 247, line 2, at end insert:

    (4) In section 23 of the British Railways Act 1964 (which provides for the aforesaid section 54 of the British Transport Commission Act 1949 to continue in force in its application to the Railways Board) and in any enactment passed after this Act which provides for the said section 54 so to continue in force for a further period, the reference to the Railways Board shall be construed as a reference to the Railways Board, the Freight Corporation and any wholly-owned subsidiary of that Board or Corporation.

    No. 509, in page 248, line 43, at end add:

    12. In the Industrial Expansion Act 1968, in Schedule 1 (which specifies bodies not eligible for financial support under industrial investment schemes made under that Act) at the end there shall be added the following entries:—
    "The National Freight Corporation, The National Bus Company, The Scottish Transport Group."—[Mr. Marsh.]

    Schedule 18

    REPEALS

    Amendment made: No. 511, in page 253, line 54, at end insert:

    1966 c 46The Bus Fuel Grants Act 1966As from 1st January 1969, the whole Act.
    —[Mr. Marsh.]

    Motion made, and Question;

    That the proceedings of this day's Sitting be suspended.—[ Mr. Marsh.]

    Division No. 204.]

    AYES

    [1.32 a.m.

    Albu, AustenFaulds, AndrewMahon, Peter (Preston, S.)
    Aldritt, WalterFitch, Alan (Wigan)Mallalieu, E. L. (Brigg)
    Allen, ScholefieldFletcher, Ted (Darlington)Mallalieu, J. P. W.(Huddersfield, E.)
    Anderson, DonaldFoley, MauriceManuel, Archie
    Archer, PeterFoot, Rt. Hn. Sir Dingle (Ipswich)Marks, Kenneth
    Armstrong, ErnestFool, Michael (Ebbw Vale)Marquand, David
    Atkins, Ronald (Preston, N.)Forrester, JohnMarsh, Rt. Hn. Richard
    Bacon, Rt. Hn. AliceFowler, GerryMason, Rt. Hn. Roy
    Bagier, Gordon A. T.Fraser, John (Norwood)Mayhew, Christopher
    Barnes, MichaelFreeson, ReginaldMendelson, J. J.
    Barnett, JoelGalpern, Sir MyerMikardo, Ian
    Bence, CyrilGardner, TonyMillan, Bruce
    Benn, Rt. Hn. Anthony WedgwoodGarrett, W. E.Miller. Dr. M. S.
    Bennett, James (G'gow, Bidgeton)Gray, Dr. Hugh (Yarmouth)Milne, Edward (Blyth)
    Binns, JohnGreenwood, Rt. Hn. AnthonyMitchell, R. C. (S'th'pton, Test)
    Bishop, E. S.Gregory, ArnoldMorgan, Elystan(Cardiganshire)
    Blackburn, F.Grey, Charles (Durham)Morris, Alfred (Wythenshawe)
    Blenkinsop, ArthurGriffiths, David (Rother Valley)Morris, Charles R. (Openshaw)
    Boardman, H. (Leigh)Gunter, Rt. Hn. R. J.Morris, John (Aberavon)
    Booth, AlbertHamling, WilliamMoyle, Roland
    Boyden, JamesHannan, WilliamMurray, Albert
    Braddock, Mrs. E. M.Harper, JosephNeal, Harold
    Bradley, TomHarrison, Walter (Wakefield)Newens, Stan
    Brooks, EdwinHaseldine, NormanNorwood, Christopher
    Broughton, Dr. A. D. D.Hattersley, RoyOgden, Eric
    Brown, Hugh D.(G'gow, Provan) Hazell, BertO'Malley, Brian
    Brown, Bob(N'c'tle-upon-Tyne, W.)Healey, Rt. Hn. DenisOrme, Stanley
    Brown, R.W. (Shoreditch & F'bury) Houghton, Rt. Hn. DouglasOswald Thomas
    Buchan, NormanHowarth, Harry (Wellinsborough)Owen, Dr. David(Plymouth, S' m)
    Buchanan, Richard (G'gow, Sp'burn)Howarth, Robert (Bolton, E.)Owen, Will (Morpeth)
    Butler, Mrs. Joyce (Wood Green)Howie, W.Page, Derek (King's Lynn)
    Cant, R. B.Hoy, JamesPaget, R. T.
    Carmichael, NeilHuckfield, LesliePalmer Arthur
    Carter-Jones, LewisHughes, Rt. Hn. Cledwyn (Anglesey)Park, Trevour
    Castle, Rt. Hn. BarbaraHughes, Emrys (Ayrshire, S.)Parker, John(Dagenham)
    Coe, DenisHughes, Roy (Newport)Parkyn, Brain (Bedford)
    Coleman, DonaldHunter AdamPavitt, Laurence
    Concannon, J. D.Hynd, JohnPearson, Arthur (Porrtypridd)
    Conlan, BernardIrvine, Sir Arthur (Edge Hill)Peart Rt. Hn. Fred
    Corbet, Mrs. FredaJackson, Colin(B'h'se & Spenb'gh)Pentland, Norman
    Craddock, George (Bradford, S.)Jackson, Peter M. (High Peak)Perry, George H. (Nottingham, S.)
    Crawshaw, RichardJay, Rt. Hn. DouglasPrentice, Rt. Hn R. E.
    Cronin, JohnJeger, Mrs. Lena(H'b'n & St.P cras, S.)Price, Thomas (Westhoughton)
    Crosland, Rt. Hn. AnthonyJenkins, Hugh (Putney)price, William (Rugby)
    Crossman, Rt. Hn. RichardJohnson, Carol (Lewisham, S.)Probert, Arthur
    Cullen, Mrs. AliceJohnson, James (K'ston-on-Hull W.)Rankin, John
    Dalyell, TamJones, Rt. Hn. Sir Elwyn(W. Ham, S.)Rees, Merlyn
    Davidson, Arthur (Accrington)Jones, J. Idwal (Wrexham)Reynolds, G. W.
    Davies, Ednyfed Hudson (Conway)Jones, T. Alec (Rhondda, West)Richard, Ivor
    Davies, G. Elfed (Rhondda, E.)Judd, FrankRoberts, Goronwy (Caernarvon)
    Davies, Dr. Ernest (Stretford)Kerr, Mrs. Anne (R'ter & Chatham)Robertson, John (Paisley)
    Davies, Harold (Leek)Kerr, Russell (Feltham)Robinson, Rt. Hn. Kenneth (St.P'c'as)
    Davies, Ifor(Gower)Lawson, GeorgeRobinson, W. O. J. (Walth'stow, E.)
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    Dempsey, JamesLee, John(Reading)Roebuck, Roy
    Dewar, DonaldLestor, Miss JoanRose, Paul
    Diamond, Rt. Hn. JohnLever, Harold (Cheetham)Ross, Rt. Hn. William
    Dickens, JamesLewis, Ron (Carlisle)Shaw Arnold (llford, S.)
    Dobson, RayLomas, KennethSheldon, Robert
    Doig, PeterLyons, Edward (Bradford, E.)Shore, Rt. Hn. Peter (Stepney)
    Driberg, TomMabon, Dr. J. DicksonShort, Mrs. Renée (W'hampton, N. E.)
    Dunn, James A.McBride, NeilSilkin, Rt. Hn. John (Deptford)
    Dunnett, JackMacColl, JamesSilkin, Hn. S. C. (Dulwich)
    Dunwoody, Mrs. Gwyneth (Exeter)MacDermot, NiallSilverman, Julius (Aston)
    Dunwoody, Dr. John (F'th & C'b'e)Macdonald, A. H.Slater, Joseph
    Eadie, AlexMcGuire, MichaelSmall, William
    Edwards, Robert (Bilston)McKay, Mrs. MargaretSnow, Julla
    Edwards, William (Merioneth)Mackenzie, Gregor (Rutherglen)Spriggs, Leslie
    Ellis, JohnMackie, JohnStewart, Rt. Hn. Michael
    English, MichaelMackintosh, John P.Stonehouse, John
    Ennals, DavidMaclennan, RobertStrauss, Rt. Hn. G. R.
    Ensor, DavidMcMillan, Tom (Glasgow, C.)Summerskill, Hn. Dr. Shirley
    Evans, Albert (Islington, S.W.)McNamara, J. KevinSwain, Thomas
    Evans, loan L. (Birm'h'm, Yardley)MacPherson, MalcolmSwingler, Stephen

    put forthwith, pursuant to Order [12th December] (Sittings of the House):—

    The House divided: Ayes 245, Noes 214.

    Taverne, DickWatkins, David (Consett)Wilson, Rt. Hn. Harold (Huyton)
    Thomas, Rt. Hn GeorgeWatkins, Tudor (Brecon & Radnor)Wilson, William (Coventry, S.)
    Thomson, Rt, Hn. GeorgeWellbeloved, JamesWinnick, David
    Tinn, JamesWhitlock, WilliamWoof, Robert
    Urwin, T. W.Williams, Alan (Swansea, w.)Yates, Victor
    Varley, Eric G.Williams, Alan Lee (Hornchurch)
    Wainwright, Edwin (Dearne Valley)Williams, Clifford (Abertllery)TELLERS FOR THE AYES:
    Walden, Brian (All Saints)Williams, Mrs. Shirley (Hitchin)Mr. Harry Gourlay and
    Walker, Harold (Doncaster)Willis, Rt. Hn. GeorgeMr. Ernest G. Perry.

    NOES

    Alison, Michael (Barkston Ash)Gilmour, Sir John (Fife, E.)Noble, Rt. Hn. Michael
    Allason, James (Hemel Hempstead)Glyn, Sir RichardNott, John
    Astor, JohnGodber, Rt. Hn. J. B.Onslow, Cranley
    Atkins, Humphrey (M't'n & M'd'n)Goodhart, PhilipOrr, Capt. L. P. S.
    Awdry, DanielGoodhew, VictorOrr-Ewing, Sir Ian
    Baker, Kenneth (Acton)Gower, RaymondPage, Graham (Crosby)
    Baker, W.H. K.(Banff)Grant, AnthonyPage, John (Harrow, W.)
    Balniel, LordGrant-Ferris, R.Pardoe, John
    Batsford, BrianGresham Cooke, R.Peel, John
    Beamish, Col. Sir TuftonGrieve, PercyPercival, Ian
    Bell, RonaldGriffiths, Eldon (Bury St. Edmunds)Peyton, John
    Berry, Hn. AnthonyGurden, HaroldPike, Miss Mervyn
    Bessell, PeterHall, John (Wycombe)pink, R. Bonner
    Biffen, JohnHall-Davis, A G. F.Pounder, Rafton
    Biggs-Davison, JohnHamilton, Michael (Salisbury)Powell, Rt. Hn. J. Enoch
    Black, Sir CyrilHarrison, Brain (Maldon)Price, David (Eastleigh)
    Blaker, PeterHarrison, Col. Sir Harwood (Eye)Prior, J. M. L.
    Boardman, Tom(Leicester, S. W.)Harvey, Sir Arthur VerePym Francis
    Body, RichardHarvie Anderson, MissQuennell, Miss J. M.
    Bossom, Sir CliveHastings, StephenRamsden, Rt. Hn. James
    Boyd-Carpenter, Rt. Hn. JohnHawkins, PaulRawlinson, Rt. Hn. Sir Peter
    Boyle, Rt. Hn. Sir EdwardHeald, Rt. Hn. Sir LionelRenton, Rt. Hn. Sir David
    Braine, BernardHeseltine, MichaelRhys Williams, Sir Brandon
    Brewis, JohnHiggins, Terence L.Ridley, Hn. Nicholas
    Brinton, Sir TattonHiley, JosephRossi, Hugh(Hornsey)
    Bromley-Davenport, Lt.-Col. Sir WalterHill, J. E. B.Royle, Anthony
    Brown, Sir Edward (Bath)Holland, PhilipRussell, Sir Ronald
    Bruce-Gardyne, J.Hordern, PeterSt. John-stevas, Norman
    Bryan, PaulHornby, RichardScott, Nicholas
    Buohanan-Smith, Alick(Angus, N & M)Howell, David (Guildford)Scott-Hopkins, James
    Buck, Antony (Colchester)Hunt, JohnSharpies, Richard
    Bullus, Sir EricHutchison, Michael ClarkShaw, Michael (Sc'b'gh & Whitby)
    Burden, F. A.Iremonger, T. L.Silvester, Frederick
    Campbell, CordonIrvine, Bryant Godman (Rye)Sinclair, Sir George
    Carr, Rt. Hn. RobertJenkin, Patrick (Woodford)Smith Dudley (W'wick & L'mington)
    Cary, Sir RobertJohnston, Russell (Inverness)Smith, John (London & W'minster)
    Chichester-Clark, R.Jones, Arthur (Northants, S.)Speed, Keith
    ClarlK, HenryKaberry, Sir DonaldStainton, Keith
    Clegg, WalterKerby, Capt. HenrySteel, David (Roxburgh)
    Cooke, RobertKershaw, AnthonyStodart, Anthony
    Cooper-Key, Sir NeillKimball, MarcusStoddart-Scott, Col. Sir M. (Ripon)
    Corfield, F. V.King, Evelyn (Dorest, S.)Tapsell, Peter
    Costain, A. P.Taylor, Sir Charles (Eastbourne)
    Crouch, DavidKnight, Mrs. JillTaylor, Edward M.(G'gow, Cathcart)
    Crowder, F. P.Lambton, viscountTeeling, Sir William
    Cunningham, Sir Knox,Lancaster, Col. C. G.Temple, John M.
    Dalkeith, Earl ofLane, DavidThatcher, Mrs. Margaret
    Dance, JamesLegge-Bourke, Sir HarryTurton, Rt. Hn R. H.
    Davidson, James (Aberdeenshire, W.)Lewis, Keeneth (Rutland)Van Straubenzee, W. R.
    Dean, Paul (Somerset, N.)Lloyd, lan (p'tsm'th, Langstone)Vaughan-Morgan, Rt. Hn. Sir John
    Deedes, Rt. Hn. W. F. (Ashford)Lubbock, EricVickers, Dame Joan
    Digby, Simon WingfieldMacArthur, IanWalker, Peter (Worcester)
    Dodds-Parker, DouglasMaclean, Sir FitzroyWall, Patrick
    Douehty CharlesMcMaster, StanleyWalters, Dennis
    Drayson, G.B.Macmillan, Maurice (Farnham)Weatherill, Bernard
    du, cann, Rt. Hn. EdwardMaddan, MartinWebster, David
    Eden, Sir JhnMaginnis, John E.Wells, John (Maidstone)
    Elliot, Capt. Walter (Carshalton)Marten, NeilWhitelaw, Rt. Hn. William
    Elliott, R. W.(N'c'tle-upon-Tyne, N.)Maude, AngusWilliams, Donald (Dudley)
    Emery, PeterMawby, RayWills, sir Gerald (Bridgwater)
    Errington, Sir EricMills, Peter (Torrington)Wilson, Geoffrey (Truro)
    Eyre ReginaldMills, Stratton (Belfast, N.)Winstanley, Dr. M. P.
    Farr, JohnMiscampbell, NormanWolrige-Gordon, Patrick
    Fisher, NigelMitchell, David (Basingstoke)Wood, Rt. Hn. Richard
    Fletcher-Cooke, CharlesMonro, HectorWoodnutt, Mark
    Fortescue, TimMontgomery, FergusWorsley, Marcus
    Foster, Sir JohnMorrison, Charles (Devizes)Wylie, N. R.
    Fraser, Rt. Hn. Hugh(St'fford & Stone) Mott-Radclyffe, Sir CharlesYounger, Hn. George
    Galbraith, Hn. T. G.Munro-Lucas-Tooth, Sir Hugh
    Gibson-Watt, DavidMurton, OscarTELLERS FOR THE NOES:
    Giles, Rear-Adm. MorganNeave, AlreyMr. Jasper More and
    Gilmour, Ian (Norfolk, C.)Nicholls, Sir HarmarMr. Timothy Kitson.

    Steel Industry (Clerical And Administrative Workers)

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

    1.42 a.m.

    I am very pleased to have this opportunity of drawing attention to a matter which affects the basic principles of the right of freedom of association by focussing attention on the injustices of denying the right to more than 3,500 clerical and administrative workers in the steel industry to be represented by the union of their own choice.

    Prior to the nationalisation of this industry, the employers did everything in their power to frustrate the efforts of the trades unions to organise the "white collar" workers in the industry. Staff associations were formed which, in effect, were puppet company unions, and membership of the notorious Staffs Mutual Benefit, whose rules forbid union membership, was encouraged. Yet, in spite of all the obstacles—formidable obstacles—union membership increased. Some staffs joined the Manual Workers' Union, which had reciprocating rights with the steel companies, and over the years, the Clerical and Administrative Workers' Union secured a substantial membership, especially in Scotland, and secured local agreements with a number of private companies.

    Then came nationalisation. The nationalisation of steel was welcomed by the union who foresaw little difficulty in establishing the right to negotiate on behalf of its members, a right which they had already obtained in other nationalised industries such as coal, electricity, gas and civil aviation. It would be an understatement to say the union was shocked when the British Steel Corporation rejected the claim for union recognition. The Corporation seeks to justify this decision by stating that it does not believe that the recognition of a multiplicity of unions would be in the best interests of a nationalised industry or in the best interests of its employees.

    Yet in July, 1967, the Corporation, being faced with a position in which no union had recognition for staff workers prior to nationalisation, extended recognition to a group of manual workers' unions, 14 in all. This clearly meant that of some 14 unions some had very few clerical membership in their union; and in fact the Clerical and Administrative Workers' Union has the second highest total out of those 14 unions in membership in the steel industry.

    The Corporation seeks to plead support of their decision by the T.U.C. In fact, the T.U.C. Organisation Committee approved one of those shabby compromises about which Mr. George Woodcock, its secretary, speaks: because the Corporation has accepted only part of the recommendation of the T.U.C, the part that suited its convenience, so that it can shuffle responsibility for its decision not to recognise the union or negotiate with the union on behalf of its members on to the T.U.C.

    Arising from this, the union has now advised the British Steel Corporation that it intends to give 14 days' notice—I believe expiring in a few days' time—for strike action. If a strike takes place it will cause very great damage to an industry we all want to see prosper. But responsibility for the dispute, and for the dislocation it will cause, must rest fairly and squarely on the shoulders of the British Steel Corporation.

    In a way, this is history repeating itself, because in 1947 a similar situation arose in the coal mining industry when the National Coal Board refused to recognise the right of this union to negotiate for clerical workers. This led to a general stoppage and ultimately, as a result, to recognition of the union. I may say the Clerical and Administrative Workers' Union is not the only one involved. A.S.T.M.S., a technical staff union, is also involved; and my hon. Friend the Member for Poplar (Mr. Mikardo) may wish to say a word on that.

    I sum up by saying that this is a fundamental issue. The Government have a duty in a democratic society to protect the freedom of the individual from coercion by his employers. This is Human Rights Year. The Government can make their contribution to human rights by telling the British Steel Corporation that they will not tolerate a situation in which the elementary rights of individuals to be represented by a union freely chosen by themselves is denied.

    I hope, therefore, that the Government will try to drive some sense into the heads of the members of the British Steel Corporation and will try to convince them of the justice of this case. We want an up-to-date industry. This was the purpose of nationalisation; but it must also have an up to date conception of human problems and human rights; and the quicker my hon. Friends bring these facts to the attention of the Steel Board, the quicker will the workers bring the facts of the recognition of this union to the notice of the Steel Board; and the sooner we shall reach harmony between the staff employed by the industry and their employers.

    This is a matter of principle, a matter of the right minorities to be represented by a union of their own choice. I therefore hope that my hon. Friends will make representations to the Corporation indicating that their attitude will not be tolerated in a civilised society.

    Would my hon. Friend care to comment on this fact? The trouble is not that the Steel Corporation has not carried out its requirement to consult with those organisations appearing to them to be appropriate in the industry, but that there are other trade unions which hitherto have not organised membership within the steel industry and which, since the industry's arrangements for the organisation of staff workers is governed by an Act of Parliament, are trying to muscle in on it.

    The hon. Member cannot make a speech under the guise of an intervention.

    There is substance in what my hon. Friend says. Prior to the nationalisation of the industry the Clerical and Administrative Workers' Union had a substantial membership. They have 3,500 members in this industry and it seems senseless for the National Steel Board to resist the claim of this union for members in the industry.

    1.53 a.m.

    The hon. Member for Darlington (Mr. Ted Fletcher) has put his case with charac- teristic coolness and modesty. I find it difficult to be equally cool because I am indignant about this situation.

    Yesterday I put a supplementary question to the right hon. Gentleman the Minister of Power to ask whether he was aware that the British Steel Corporation is continuing the practice of the former owners of the industry in resisting any white collar unions in the industry, and continuing the practice of paying money to an organisation which denies benefit to any employee if he is a member of a trade union. The right hon. Gentleman the Minister said if that was the case the Corporation ought not to be behaving in that way.

    That answer suggests that my right hon. Friend does not know whether it is happening or not, and further that he does not think he ought to do anything about it. In fact he has had a lively correspondence with me over the last few weeks, and unless he does not read the letters he signs he knows all about this situation.

    Some of the people running this industry were, before nationalisation, bitter opponents of staff trade unions. They were willing, though reluctant, to accept trade unionism amongst manual and clerical workers. If staff were organised they would prefer them to be organised in unions catering for manual workers rather than staff workers.

    One of the leading figures in the industry, even when a member of the committee preparing for nationalisation, put up notices in his works advising members of staff not to join trade unions. This is being continued, notwithstanding my hon. Friend's comments in his intervention. In fact, the unions which have the largest membership in the technical and supervisory grades are not among those the Corporation recognises. It recognises some which have no membership in these grades, or certainly not more than literally a handful, counting the number of fingers on one hand.

    That, however, is not the worst of the story. In a recent instruction from its headquarters to local managements, the Corporation has said that those managements should encourage staff employees to join manual unions. Had it said that they should encourage those employees who were not trade union members to join manual unions, nobody would have taken the slightest exception, but it has said that employees who are members of staff unions should be encouraged to leave those unions and to join craft and manual unions.

    Anybody with a ha'p'orth of knowledge of the industrial scene—and certainly that includes my hon. Friend the Undersecretary, who has great knowledge of it —will know that that instruction is two things. First, it is a violation of the Bridlington agreement and, secondly, it is an open invitation to inter-union warfare, which nobody would want and which would do the Corporation very grave damage. I do not want to say anything about the Clause which my hon. Friend read about recognition, because that is about to be tested in the courts. It is very much open to question whether the Corporation has acted bona fide in its interpretation and, therefore, I must not say anything about it, and I will not do so. Here, however, is an open invitation to internecine warfare between different groups of workers which can only damage the Corporation in the objectives which it seeks.

    Even allowing for the proper autonomy of the Corporation to run its affairs, this is a matter which cannot be of indifference to my right hon. Friend the Minister of Power, who is the sponsoring Minister, or to my hon. Friend the Parliamentary Secretary, who is responsible for seeing that labour relations in the industry do not deteriorate. I therefore ask him to look closely into this matter. It is very much better that he and his Department should take a close look at this matter before there is grave industrial dislocation than be compelled to look at it after that dislocation takes place.

    1.57 a.m.

    The House will be grateful to my hon. Friend the Member for Darlington (Mr. Ted Fletcher) for raising this matter. This issue, which is of great importance for employees in the nationalised steel industry and also for relations and efficiency in the industry, is an extremely difficult one. My hon. Friend's presentation of the case, and that of my hon. Friend the Member for Poplar (Mr. Mikardo), has been at a high and responsible level.

    I should like at the outset to make clear my right hon. Friend's position in this matter. The House will be aware that my right hon. Friend is currently having discussions on this issue with the organisations concerned. In the circumstances, I must, therefore, be particularly circumspect in what I have to say tonight. What I have to say, therefore, is not intended to imply any judgment on the actions or attitudes of the parties. My purpose is merely to try to set out, for the benefit of the House, the problem and some of the main factors which should be borne in mind.

    I am fully aware of the strong feelings of some of my hon. Friends that certain decisions have been taken by the British Steel Corporation on trade union recognition, particularly in respect of clerical and supervisory grades. The very difficult problems with which the Corporation has found itself faced in this field should not, however, be overlooked.

    The Iron and Steel Act, 1967, places on the Corporation a duty to
    "seek consultation with any organisation appearing to them to be appropriate with a view to the conclusion of agreements with respect to the establishment and maintenance of machinery for negotiation of terms and conditions of employment ".
    The negotiating arrangements which had previously existed in the steel industry were diverse and complex and to attempt to transplant them into the new nationalised structure would not have been possible or even appropriate. The Corporation was faced, particularly in respect of supervisory and technical grades of staff, with claims from various unions for national negotiating rights. The Corporation decided therefore to consult the T.U.C. on union organisation in the nationalised steel industry, and the House will, I am sure, accept that, by so doing, the Corporation has demonstrated its concern to take account of the views of the trade union movement. As an interim arrangement, the Corporation agreed to grant national recognition up to foreman level to six organisations which draw the majority of their membership in the industry from process workers, craftsmen and general workers, but which, in some cases, also include appreciable numbers of white collar employees. The Corporation also agreed to an assessment of the unions' claims to recognition being carried out by the T.U.C.

    Following discussion with the T.U.C. and the unions concerned the Corporation has followed the advice of the T.U.C. on foremen, clerical, technical and supervisory grades to recognise nationally only the six general organisations already recognised for manual workers. Local recognition of two white collar unions, the Association of Technical, Supervisory and Managerial Staffs, and the Clerical and Administrative Workers' Union, each of which my two hon. Friends who have spoken represent, is being maintained where it has been granted hitherto.

    On middle management the Corporation has not felt able to follow the T.U.C.'s advice that national recognition should be granted, but restricted to the six national organisations already recognised in respect of clerical, supervisory and manual grades. The Corporation's decision has been based on the view that a single Corporation-wide organisation would be the most effective in representing the interests of managerial staffs, and the Corporation considers that no organisation yet has the substantial and widespread support from middle management grades within the Corporation which it believes to be essential for recognition.

    As my hon. Friends have made clear, it is primarily the Corporation's decision to restrict national recognition in respect of clerical and supervisory grades to the six organisations already recognised in respect of manual workers, and the rejection of the claims of the A.S.T.M.S. and the C.A.W.U. to national recognition, which has given rise to concern. This is understandable in view of the tradition of organisation which is basic to these two unions, namely, that the interests of these groups of employees can be most satisfactorily protected by separate organisations catering specifically for this class of employee.

    The House will not expect me to express a view on this issue which is currently a matter of dispute between the two organisations and the Corporation. I would only ask the House to bear in mind also the Corporation's position, having received from the T.U.C. a clear recommendation in favour of restricting national recognition to the six organisa- tions previously recognised in respect of manual workers.

    Certain of my hon. Friends have taken exception to a particular feature of the Corporation's decision on recognition in respect of clerical, supervisory and technical grades, namely, that branches of the six are to be given local recognition even at plants where the A.S.T.M.S. and the C.A.W.U. are now recognised and that the six should be given every reasonable facility for recruitment and employees encouraged to join an appropriate union of the six. This has been construed in some quarters as an invitation to poaching of one union's members by another, and as tantamount to denying employees the right to join the union of their choice.

    I think the House is aware that my right hon. Friend is currently engaged on discussions of this question of trade union recognition in the nationalised steel industry with the organisations concerned, and the House will understand that, in the circumstances, I cannot therefore comment on this particular issue. I think that it would nevertheless be right for me to inform the House that my right hon. Friend has been assured by the Corporation that while, in its view, rationalisation of trade union and negotiating structures would bring considerable benefits to the industry, it recognises that progress must necessarily be a gradual development and can be achieved only with the co-operation of all those concerned.

    The Corporation has also assured my right hon. Friend that it has not thought of encouraging poaching of one union's members by another, which would involve the poaching union in a breach of the obligation to observe the Bridlington principles laid down by the T.U.C. I understand that the Corporation will be issuing guidance to local managements which will remove any doubt which exists on the Corporation's attitude on this matter. The Corporation has also assured my right hon. Friend that it regards the choice of union as a matter entirely for the individual employee.

    I should like to assure the House that my right hon. Friends the First Secretary of State and Secretary of State for Employment and Productivity and the Minister of Power are both keeping a close watch on the situation. As my right hon. Friend the Minister of Power made clear in reply to a Question yesterday, while he is generally responsible for the nationalised steel industry, he has no power to give the Corporation specific directions on this issue. So far as my right hon. Friend the First Secretary of State is concerned, the House will be aware that the A.S.T.M.S. and the Clerical and Administrative Workers Union have both informed her that they are in dispute with the Corporation on this matter. She met representatives of the two unions on Monday, 27th May. She has also seen today representatives of the Corporation. In view of the close interest which the T.U.C. has taken in this problem, she hopes to have an early discussion with T.U.C. representatives, including representatives of the other unions concerned.

    I will refer to the specific point raised by my hon. Friend the Member for Poplar. We raised with the British Steel Corporation the question of the Foremen's and Staff Mutual Benefit Society. It gave us an assurance that it has ceased to recruit members to that organisation and is seeking ways and means to wind up its association with it while at the same time having due regard to any accrued pensions. Here is a clear cut severance. I hope that will give my hon. Friend some assurance.

    One general point I make in conclusion. Our tradition in industrial relations has been essentially a pragmatic and practical one. This undoubtedly has been one of the strengths of our system. Consistent with this there has been a reluctance to try to set out general principles and guidelines for recognition problems which have been regarded as an area in which the only satisfactory solution was for the parties themselves to reach their own decision. One result of this has been that recognition issues have perhaps too often turned in the last resort on the ability of a union to mount a demonstration of industrial strength which would convince the employer that he had no practical alternative but to grant recognition.

    As the House will know, a great deal of evidence on recognition problems has been presented to the Royal Commission on Trade Unions and Employers' Associa- tions, and the tenor of some of it has been that there would be advantages in an alternative approach to recognition problems which placed less of a premium on industrial militancy. The Royal Commisison's Report will shortly be published. I am certain that we can expect it to give valuable guidance on this question which will help us to assess, and I would hope, to improve our present practice on these difficult problems.

    In the light of what I have said about the efforts of my right hon. Friend, I hope that my hon. Friends will urge restraint on their members pending the outcome of the discussions.

    2.8 a.m.

    The House is grateful to my hon. Friend the Member for Darlington (Mr. Ted Fletcher) for raising this matter tonight. Rightly and properly he has expressed the concern of his members. However, I feel it necessary on this occasion to take note of the other side of the coin and also to take into account the position of other trade unions in the steel industry, which have a far more substantial membership among the clerical, technical and administrative grades in the industry. We should also put on record the efforts of these organisations such as mine, the British Iron and Steel and Kindred Trades Association, which has a registered membership in the industry of about 12,000, and I advise my hon. Friend the Member for Poplar (Mr. Mikardo) that we do organise these technical staffs. As a metallurgist I speak in this House for my trade union. I am sure that my hon. Friend the Member for Poplar and my other hon. Friends will be delighted to welcome the candidate now standing in the Sheffield, Brightside by-election into this House as one of our colleagues. He, too, is in the steel industry and is in the grade of worker we are talking about. This is an indication of the kind of membership we have in the Iron and Steel Trades Federation.

    Would my hon. Friend agree that every effort should be made by all the trade unions concerned to bring about a happy solution of this problem which cannot but do great harm to the steel industry if in a dispute of this sort they cannot find a way of avoiding a strike which I understand is today starting in my part of the country?

    I entirely agree with my hon. Friend. The requirement of the Steel Corporation was to consider the organisations which would be appropriate in the steel industry to organise these workers but the Corporation did not consult with one organisation only but with the Trades Union Congress. The consultations which have gone on in the Congress have resulted in the recommendation made by the T.U.C. The organisation we have in the industry has been built up over many years at a time when we did not have, as we have now, an employer who is compelled by Act of Parilament to grant trade union recognition. It was built up at a time when we were having to fight employers in their implacable resistance to staff organisation. We would be very wrong to do anything which would encourage strife within the industry among this grade of workers, whom it has been very difficult to bring into trade union organisation.

    We ought to remember the work of the Iron and Steel Trades Federation, the Transport and General Workers' Union and the Municipal and General Workers Union, who went out and sought membership at times when it was extremely difficult to get these people in. I say to those in these grades in this industry, be wise, you now have your opportunity, organise.

    The debate having been concluded, the motion for the adjournment of the House lapsed, without Question put.

    Mr. SPEAKER suspended the sitting of the House at twelve minutes past Two o'clock till Ten o'clock this day, pursuant to Order.