House Of Commons
Thursday, 14th May, 1970
The House met at half-past
Two o'clock
Prayers
[Mr. SPEAKER in the Chair]
PRIVATE BUSINESS
FLINTSHIRE COUNTY COUNCIL BILL
Lords Amendments considered and agreed to.
Oral Answers Toquestions
Home Department
Violence (Research)
asked the Secretary of State for the Home Department what steps he is taking to collate the university research which he has sponsored into the causes of violence.
asked the Secretary of State for the Home Department what research projects he has initiated with regard to the causes of violence; and to what extent he takes into account the findings of similar studies carried out in other countries.
There is close contact between my officials and the Cambridge Institute of Criminology, which is carrying out the programme of study of violence which I announced on 16th December last. This includes a survey of research on violence, which will take account of research in other countries; a descriptive and statistical survey of crimes of violence; and a study of aggressive behaviour by boys in their teens.
Will my right hon. Friend publish the results of this research, as it is as important to under- stand the causes and prevention of violence as it is to punish those responsible?
A great deal of the value would be lost unless there was publication when the research was completed.
Is my right hon. Friend aware that many research workers in this subject recognise what he has done to try to calm down the agitation which has been built up, often by the Opposition? Is it not clear that this is an international social problem? Does he agree that the work done in the E.E.C. is also worth considering?
Yes, Sir. I hope to carry this into international relations. There will be a conference in The Hague later this month of European Ministers of Justice which will afford an opportunity for discussion of this matter.
asked the Secretary of State for the Home Department what research is being done into the relationship between the consumption of alcohol and the increasing incidence of crimes of violence.
This will be given consideration in the programme of research conducted with Government support at the Cambridge Institute of Criminology.
Will my right hon. Friend say why this research has not been done before, and will he ask the Opposition, in view of their well known influence with the brewers, to ask them to contribute to this research rather than to a losing political party?
I am afraid I cannot answer the first point, but in reply to the second I agree that the brewers are well represented in the top 10 contributors to the Conservative Party. They share that privilege with the merchant banks, I believe. In my other capacity, if I may be allowed a short "commercial", I am very willing to accept contributions from either.
Home Safety (Fire Precautions)
asked the Secretary of State for the Home Department if he has studied United States practices of fire precautions in the home, details of which were sent to him by the hon. Member for Bolton, East, on 9th April; and if he will incorporate proposals covering homes in his forthcoming legislation to rationalise the law relating to fire precautions.
The legislation which my right hon. Friend proposes to introduce to strengthen and rationalise the law relating to fire precautions will cover certain types of living accommodation, but not dwelling houses in general. I have written to my hon. Friend.
Does not my hon. Friend feel that the answer to the problem is publicity which will convince people of the dangers of fire in the home and the simple precautions they can take? What does he propose to do to step up the publicity?
I believe that both legislation and publicity have a part to play. As my hon. Friend was told on 24th April, publicity about fire prevention in the home is undertaken by the Home Office, the fire authorities, the Royal Society for the Prevention of Accidents, fire protection associations and other organisations.
Will the hon. Gentleman apply himself to the cause of umerable fires in the home—the overturning of obsolescent, mobile, outworn and outdated oil burners, particularly involving the death of children, and the use of electrical equipment which is often 30 or 40 years old and ought to have been scrapped many years ago?
For once in my life, I do not dissent substantially from what the hon. Gentleman says.
asked the Secretary of State for the Home Department if he will initiate a publicity campaign to draw attention to existing cheap and effective automatic fire alarms suitable for use in the home with a view to reducing the loss of life, particularly among young children, through fires in the home.
My right hon. Friend would not wish to discourage the use of alarms of the type which I under- stand my hon. Friend has in mind; but they have a number of limitations and he would not feel justified in recommending their general use.
Is my hon. Friend aware that there are small alarms, many of them costing about 30s. each, which, if they were in wide use, would help prevent many of the tragic deaths so common in the middle of winter? Will he reconsider his answer?
I am aware of this aspect, but the House should appreciate that most of the deaths in fire in the home are due to the effects of smoke and toxic products of combustion. Automatic fire alarms are most effective if activated by smoke, but many of the cheaper automatic alarms are activated not by smoke but by heat.
Arising from a previous reply given by the hon. Gentleman, may I ask whether he is aware that there is growing concern at the non-appearance yet of the promised legislation? Why the delay?
I am afraid that the hon. Gentleman will have to await a statement on that matter.
Committee On Privacy
asked the Secretary of State for the Home Department whether he will take steps to enable the proposed committee on Privacy under the Chairmanship of Sir Kenneth Younger to investigate the intrusion on privacy by firms advertising their products by means of the telephone.
I will draw the Committee's attention to this matter. If my hon. Friend has any relevant information, I shall be glad if he will make it available to the Committee.
I am much obliged for that reply. Is my right hon. Friend aware of this growing practice, particularly in my constituency? Would he not agree that this could cause a good deal of inconvenience and resentment among those at the wrong end of the telephone?
I have made certain inquiries into the matter. As far as I am aware it is not a widespread practice as yet and I certainly hope, for the sake of all of us, that it does not grow.
asked the Secretary of State for the Home Department whether he is aware that the terms of reference of the Committee on Privacy have been confined to intrusions on privacy by private persons and organisations, or by companies, thereby debarring the Committee from considering intrusions by servants of the Crown or of public bodies such as the British Broadcasting Corporation; and whether he will amend the terms of reference so as to avoid such discrimination.
Civil servants act under the direction of Ministers, who are accountable to Parliament. There is no similar accountability by private persons and organisations.
As regards news gathering and publication by the British Broadcasting Corporation and the Independent Television Authority, I am assured that these organisations will co-operate with the Committee.Does the right hon. Gentleman not appreciate that the limitation of these terms of reference to intrusions by private, as opposed to public, bodies or their servants is contrary to Magna Carta and constitutes yet another step on the slippery slope to the Socialist State?
That is a very odd way of putting it, considering that the origin of this committee of inquiry lay in the Bill introduced by one of my hon. Friends aimed at extending the right of privacy of individuals. I remember that on the occasion of the debate the right hon. and learned Member gave vent to the sentiment that in his constituency the biggest invasion of privacy was regarded as aircraft noise.
Would the right hon. Gentleman clear up one point in his original answer? When he said that the television authorities will co-operate with the committee did he mean to indicate that their activities will now be within the terms of reference of the committee?
I do not think that terms of reference were drawn so that those organisations are strictly within the scope of them. As I have reported to the House—if I did not I do it now—1 saw the chairmen of both authorities and both readily agreed that in connection with what I call their news-gathering and dissemination and publication activities they would expect to co-operate with the committee.
Does the right hon. Gentleman recall that when I asked the Prime Minister about the work of the Younger Committee he said specifically that it would look into computers and their possible intrusion upon privacy? If Government service computers are exempted from the inquiry will not the work of the Younger Committee be a meaningless travesty?
None of that was said during the course of the Friday debate when the whole accent was on the invasion of privacy by private individuals and firms. It is well known and understood that the entry by Government officials into private premises or by gas and the electricity inspectors, or the interception of communications, is all governed by Statute or well laid-down practice. As to computers, the Prime Minister said in reply to a Question by my hon. Friend the Member for York (Mr. Alexander W. Lyon) that he was considering in what way a code of conduct could be worked out.
Sporting Events (Hire Of Police)
asked the Secretary of State for the Home Department if he will make a statement on the proposed increases in charges for the hiring of police for sporting events.
I would refer my hon. Friend to the reply which I gave to a Question by the hon. Member for Bury St. Edmunds (Mr. Eldon Griffiths) on 12th May.—[Vol. 801, c. 264–51
Is my right hon. Friend aware that I cannot recall that answer readily? Nevertheless, will he give an assurance that the cricketing authorities will bear the full cost of the increased police protection which the cricket grounds are likely to need when the South African team is engaged in games behind barbed wire?
This is a matter between chief constables. the police authorities in the various areas and the cricketing authorities themselves. I have no doubt that they will make appropriate arrangements.
South African Cricket Tour
asked the Secretary of State for the Home Department what further representations have been made to him regarding demonstrations in connection with the South African cricket tour in Great Britain.
About 250 letters have been received from individuals and organisations on the subject of the South African tour.
Although I realise that we shall be debating this subject later, may I ask whether my right hon. Friend would agree that for the M.C.C. to hire so-called vigilantes is both wrong and an incitement to violence? Is my right hon. Friend aware that, while many of us would like the tour called off as quickly as possible if, nevertheless, the South Africans come over we believe that there should be peaceful demonstrations and that there can be no excuse for violence from either side? As a dedicated antiapartheiddemonstrator and campaigner I would not wish to associate myself in any way with violence.
What the M.C.C. does in this matter is of concern to the police in so far as it might provoke a breach of the peace. That is the responsibility of the police in all these matters. I certainly echo my hon. Friend's sentiments about violence. We will all have to bear in mind that there will be a certain number of hooligans who exist in every city and who will want to take advantage of what is intended to be the peaceful protest.
Despite what the right hon. Gentleman's hon. Friend has said, has the Home Secretary noted the statement of Mr. Peter Haine about the success he claims to have achieved so far for his movement being due to the introduction of direct action? Will the Home Office take careful note of this gentleman's activities and statements and movements to make sure that he acts within the law?
As long as everyone acts within the law there will be no need for anyone to take note of their active- ties. I hope that will go both for the hooligans on the Left and anyone on the Right who wants to stir up trouble. I hope the hon. Gentleman will not overlook the possibility that there may be a tiny, fractional organisation on the Right which would attempt to make disturbances.
asked the Secretary of State for the Home Department what estimate he has now made of the additional cost to public funds of providing police surveillance of the South African touring cricket team this year.
It is too early to make an estimate.
Would my right hon. Friend say what justification there is in paying anything at all from public funds to enable this tour to take place since it is offensive to our laws and to millions of people in this country?
I would not want—nor I am sure would my hon. Friend—individuals who come to this country to be personally harassed and embarrassed if a little police protection could prevent physical intimidation of that sort. I would not want to suggest that they should be left without the normal protection and courtesy afforded to all visitors to this country.
General Election (Counting Of Votes)
asked the Secretary of State for the Home Department whether, following his circular to returning officers on the matter, he will ascertain how many returning officers of cities, county boroughs and boroughs, who have previously had their count following a General Election on the same night, propose to follow this practice in the next General Election.
I would refer the hon. Member to the reply which was given to a Question by the hon. Member for Nelson and Colne (Mr. Waddington) on 7th May.—[Vol. 801, c. 170.]
Is the right hon. Gentleman aware that because in some boroughs and county boroughs returning officers will have an extra hour's checking of counterfoils, several are thinking of not starting until the following day? Will he call their attention to the effect that this will have on the trade and industry of the country, on the hotel industry and also on television programmes?
As regards television, some of the scenes that I have seen when television invades the returning officer's sanctum would lead to many people feeling glad if the cameras stayed outside. As to the other institutions, I do not think it will have a catastrophic effect.
Is my right hon. Friend aware that by extending polling hours till 10 o'clock he has greatly widened democracy, by making it possible, or much easier, for shift workers and those on overtime to vote? As some of them are not aware of this, could he make it widely known so that no one misses the chance to vote?
With respect, it was not my decision; it was a decision of the House but I am very ready to take credit for it. The changing of practice in relation to hours of work, the shift system and night work means that the new hours are much more convenient to a number of people.
Nuclear Weapons (Civil Defence)
asked the Secretary of State for the Home Department what steps he is taking to protect people in this country from the consequences of nuclear retaliation following the implementation of the North Atlantic Treaty Organisation policy of nuclear response to conventional attack.
I would refer my hon. Friend to the answer I gave to a Question by the right hon. and learned Member for Huntingdonshire (Sir D. Renton) on 12th February.—[Vol. 795, c. 379–80.]
While that answer is completely clear in my mind, in every particular and word, may I ask my hon. Friend whether it is not the case that, having abandoned any attempt to protect the civil population against nuclear war by virtually standing down civil defence, the logical consequence of that step is for ourselves to abandon the use of nuclear weapons on the ground that to use a weapon against which we are unable to defend ourselves is sheer irresponsibility?
I do not want to get involved in discussions on defence strategy. In the care and maintenance policy announced in January, 1968, the main requirements for the protection of the public have been retained.
Cs Gas
asked the Secretary of State for the Home Department whether, having regard to fresh evidence on the effects of CS gas used in Belfast, details of which have been sent to him, he will ban the use of this weapon until the Himsworth Committee has reported.
No.
Will my right hon. Friend reconsider that answer? Is not the proper course to ensure that no human being should be subject to any noxious process until its effects are fully known and medically examined? In these circumstances, will he at least not suspend the use of this gas until the Himsworth Committee has reported?
No, Sir. Being concerned with the welfare of every human being, I include in that the British Army and those soldiers who are having to withstand a great deal of attack and abuse.
Will the right hon. Gentleman ensure that all possible steps are taken to avoid the use of CS gas except in the most extreme circumstances, in view of the serious effect on quite innocent people living in the area where it is used? Will he instead endeavour to arrest as many of the rioters as possible and bring them before the courts as quickly as possible?
This question has been answered before and the G.O.C. needs no reminder from me or the hon. Gentleman that he should use this weapon only in extreme circumstances where the alternative is something that the House would generally regard as worse. He must be supported in his decision to use it.
West Midlands Police Force(Equipment)
asked the Secretary of State for the Home Department if he will obtain a report from the chief constable on the proposals he has for improving the number of vehicles and other mechanical aids to crime detection in use by the West Midlands Police Force and how present levels compare with those in use in 1963–64.
At present 289 vehicles and 510 personal radios are available; the comparable figures in 1964 were 158 and 8. The chief constable intends to maintain this improved standard.
I thank my hon. Friend for that encouraging reply, but is he aware that there is concern in the West Midlands force about undermanning? Nevertheless, the figures show that this Government have shown much more concern for the detection and tracking down of crime and criminals than the Opposition when they were in power, and this makes their recent conversion to law and order look pretty thin.
Police Drug Squad (Strength)
asked the Secretary of State for the Home Department if he is satisfied with the present strength of the drug squad in London; and what proposals he has to aid recruitment of more officers in the immediate future.
I would refer my hon. Friend to the reply I gave on 12th February to a Question by my hon. Friend the Member for Wood Green (Mrs. Joyce Butler).—[Vol. 795, c. 375–6.]
As my right hon. Friend is concerned with a Bill to deal with the tracking down and punishment of pushers of drugs, does not he think that the drug squad needs augmentation? Does not he also agree that, to establish the right relationship with those who are treating drug addicts, drug squad officers shoud stay in post much longer, and that there should be less moving around and more opportunities for promotion within the drug squad?
The short answer is that this matter should always be kept under review, but not only the drug squad is concerned with this social problem. All the 20,000 officers in Greater London have the same powers of arrest in connection with drug offenders as the drug squad. The drug squad is a small specialised group which is particularly concerned with tracking down pushers, and at present the Commissioner is satisfied that the squad is organised in the way which is likely to get the best results.
Prisons (Suicides)
asked the Secretary of State for the Home Department whether he will make a statement on the suicide rates in prisons.
Over the past five years the annual number of suicides in prison service establishments in England and Wales has varied between 11 and 21. A careful examination is made of the circumstances behind each suicide or attempted suicide and additional precautions are taken wherever experience shows that they are necessary or likely to be effective.
Is the Minister aware that the Annual Report of the Prisons Department expressed deep concern about the number of suicides and attempted suicides in prison, and what is his Department doing to provide psychiatric help to people who need it?
I am sure the hon. Gentleman is aware that, first, the highest priority is given to identifying the potential suicide. If there is any risk he is removed to the prison hospital. Secondly regulations provide for the removal of any clothing which might be of use in a suicide attempt. Thirdly, careful study is given to each case with a view to reviewing the whole system in the light of the facts which emerge from such inquiry.
Does my hon. Friend agree that the incidence of suicide attempts is higher in remand homes where people are in a more disturbed state? I mention particularly the Risley remand home, near Warrington. Will my hon. Friend assure the House that every precaution is taken, particularly with people who have previously attempted to commit suicide?
I accept what my hon. Friend says about the danger in remand homes, and I give him the assurance which he seeks. I understand that my right hon. Friend has already visited the remand home which he mentioned.
National Police Force
asked the Secretary of State for the Home Department what plans he has to introduce legislation to set up a national police force following the Government's proposals for local government reorganisation; and if he will make a statement.
asked the Secretary of State for the Home Department whether he will introduce legislation to establish a national police force.
I have no plans to establish a national police force. The reasons for not doing so were set out in the Report of the Royal Commission on the Police in 1962.
Is my right hon. Friend aware that there will be general satisfaction with that reply? Is he also aware that the Police Federation recently opposed the setting up of such a force, with all the dangers of remote leadership? Will he confirm that it is his intention to maintain an element of local democracy in our citizens' affairs, particularly in areas such as Lancashire and Cheshire where some element of reorganisation will be required by the Redcliffe-Maud proposals?
I saw a recent revival of this proposal, but I do not believe that it has much support although it came from a very distinguished quarter. The present composition of the police authorities ensures a great deal of local representation, and I do not see that under any proposed reorganisation it should be any less.
I agree with my right hon. Friend in not wanting to establish a national police force, but will he look at the possibility of setting up a national fraud squad in view of the complex and lengthy nature of inquiries into frauds?
I have not bent my mind to that problem, but I will certainly look into it if my hon. Friend tells me that there is a need for some review.
For the uniformed police force would not it be best to let the new amalgamations settle down fully before embarking on new and radical courses?
The right hon. and learned Gentleman, not for the first time, has expressed my own view on this matter.
Is there not already a national police service, in the sense that the police wear the same uniform, are subject to the same conditions and are always available for mutual aid? Will the Home Secretary give an assurance that he will consult police opinion before he puts forward precise suggestions for implementing the Redcliffe-Maud Report?
Yes, there would naturally need to be substantial consultations before any consequential changes arising out of the Redcliffe-Maud Report were made. It is important that the forces should be allowed to settle down under the existing amalgamations for as long as possible.
Vandalism
asked the Secretary of State for the Home Department whether he will introduce legislation to permit the imposition of financial penalties upon the parents of children who have committed persistent acts of vandalism involving damage to public and private property.
Where proceedings are taken in respect of children under 17, the courts can already bind over their parents in a sum of money, and order the parents to pay any fine or compensation imposed.
Is my right hon. Friend aware that many of us have the greatest admiration for the constructive work being done, notably by his Department, in tackling the problem of children in trouble? Does he not agree that further ways must be found to establish parental responsibility and to tell parents bluntly that if they continue to pass the buck to the State they may find themselves passing more than a buck to the courts?
My hon. Friend expresses a generally-held opinion on this matter, and that is why I am ready to draw attention to the existing court powers. Whether the courts use them is a matter for the courts rather than for me.
Does the Home Secretary agree that the existing powers to which he has referred were both carried as a result of Amendments pressed from this side of the House and were not in the Government's original proposals?
Yes, that is absolutely true. The hon. Gentleman needs some consolation on a day like this.
Miss Ira Brant
asked the Secretary of State for the Home Department why Miss Ira Brant of Kidderminster, who was committed to a Bristol approved school in order to discourage a harmful association with a married man although she herself had committed no offence, is being permitted to correspond with him and to receive a visit from him with the assistance of the responsible authorities.
This is a matter for the managers of the school. I understand that it is their view that to forbid correspondence would not help Miss Brant towards a resolution of her problems. One visit was allowed at Christmas, and this took place in the presence of her foster-mother and a representative of the managers.
Is the Minister aware that, at the time this girl who had committed no offence was sent to approved school, there was widespread national concern that the reason for sending her there was to prevent a most undesirable association with a married man, and that the authorities have now permitted that association to continue and even, as the Minister has said, encouraged it? Does he think this is a just way to deal with the matter, and will he ensure that in future people are not sent to approved schools for this reason unless it will do some good in solving the problem?
Miss Ira Brant was sent to that school by a court. The House will appreciate that it would not be appropriate to attempt to generalise about how far letters and/or visits in such cases as this can help a girl to get over a damaging relationship. This must be for the managers to decide in each case in the light of individual circumstances.
Police Service
asked the Secretary of State for the Home Department whether he will make a further statement on his plans to improve the position of the police service.
Strengthening of police performance is a continuing process and I would refer the hon. Member to my reply to a Question by my hon. Friend the Member for West Ham, North (Mr. Arthur Lewis) on 16th April.—[Vol. 799, c. 265.]
Does the Home Secretary recall that the Police Federation has declared that the morale in the police force is lower today than it has been for many years? What does he intend to do about it? Does he agree with the statement by the federation that the right hon. Gentleman has been metamorphosed by his office from a pioneering trail-blazer into a bland and cooing Whitehall dove?
I am flattered by any public reference whether favourable or unfavourable. I thought it would be as well to look at what was happening in the hon. Gentleman's area because I should like to help him to correct any misapprehension. I am glad to say that the number of crimes known to the police in 1969 was rather fewer than in 1964; that the crimes detected by the police were much greater in 1969 than in 1964; that the number of motor vehicles has pretty well trebled; that the amount of scientific and wireless equipment in terms of expenditure is about eight times as much; and that the number of personal radios has increased from three to 425. Therefore, I should like to return to my original statement that the strengthening of police performance is a continuing process.
Would my right hon. Friend accept that on this side of the House there would be strong support for a highly paid and well-qualified police force? Would he accept my congratulations on the improved rate of recruitment to the police force and the improved methods of detection, and would he assure the police force that the interim payment which they have received is only a foretaste of something even better to come?
The whole question of recruitment to the police is a joint responsibility. It is shared jointly between police authorities, which have substantial responsibility and therefore should take credit, and the Home Office which always gets the discredit in these matters. That is how it should be. On the matter of pay, I have never wavered in my view that the appropriate standard for the police service should be that laid down by the Willink Commission. But I dare say there will be argument in detail as to what Willink means translated into 1970 terms. That is where the hon. Member for Bury St. Edmunds (Mr. Eldon Griffiths) will come into his own.
Bridge Clubs
asked the Secretary of State for the Home Department whether he has given further consideration to the position of small bridge clubs; and if he will now take steps to mitigate the effect upon them of the recent legislation.
I have nothing at present to add to my reply to a Question by my hon. Friend the Member for Bolton, West (Mr. Oakes) on 5th February.—[Vol. 795, c. 181–2.]
Is the hon. Gentleman aware that these clubs are in no way anti-social or gambling establishments, that they have great difficulty in complying with the law as at present enforced, and that the delay is causing many elderly and not very wealthy people great anxiety and hardship?
My right hon. Friend is prepared to consider the matter sympathetically, but before legislation can be considered it is necessary to ascertain the exact extent of the problem. The English Bridge Union has collated information from its members and expects to be able to submit a report to the Home Office in about two weeks' time.
Is it not possible that a mistake has been made? When I play bridge it is a game of chance, but when other people play bridge may it not be a game of skill?
I will not comment on the subjective point made by the right hon. and learned Gentleman. It was intended that bridge should fall within the scope of the Act. There is no doubt that bridge generally is a game of chance. [HON. MEMBERS: "No."] I am advised that different conditions obtain in regard to duplicate bridge.
Criminal Courts (Sentences)
asked the Secretary of State for the Home Department whether he will now take steps to strengthen the powers of the criminal courts in respect of sentence.
This matter is kept under review, particularly in the light of any recommendations made by the various advisory bodies considering different aspects of the powers of the courts. Recent Statutes have increased the maximum penalty which the courts may impose for a number of offences.
Is not the Home Secretary disturbed by the recent comments by the Lord Chief Justice, vividly corroborated as they have been in one respect by the observations of the convicted double murderer in the Adamson case? If he is not disturbed about this matter, is he aware that he is the only person in the country who is not?
What the right hon. Gentleman is putting in his supplementary question has nothing to do with the original Question, because the powers of the courts in all these matters have been amply demonstrated as they were in the recent decision taken by the judge who tried the case to which the right hon. Gentleman referred. As for the other comments of the Lord Chief Justice, I do not see that it is seemly for him and me to have a disagreement. On the other hand, in relation to a national police force, his observations clearly did not meet with any support at all. As for his other proposals, I was able to demonstrate that he and I were in agreement as on almost every occasion.
But would not the Home Secretary agree that, if longer sentences are to be imposed, it will be necessary to spend much more money on new prisons than we are spending at present?
Yes, Sir, it will. There is a big modernisation programme going on at present. The right hon. and learned Gentleman has already told us that one of his election slogans will be, "Build more prisons". I am not sure that will mean that he will get more of them.
Surely the Home Secretary takes seriously the comments of the Lord Chief Justice about the iniquity of any form of mandatory sentencing. Will he consider reviewing the matter of mandatory powers so far as they affect the suspending of sentences in magistrates' courts?
The hon. Gentleman well knows that the matter of mandatory sentences has already been referred to the Criminal Law Revision Committee. This problem will be considered by that committee and I have no doubt its report will be presented in due course. As for the general observations of the Lord Chief Justice, I have no desire to disagree with him when I think he is right.
Does the Home Secretary agree that the powers of magistrates are already very great if they wish to use them, but, as the majority of magistrates and judges are Conservatives, why should they complain to this Government for not using the powers which the Government have given them?
I ought not to comment on the last part of the question. It is true that the Theft Act, 1968, substantially modernises the law on theft and increases some penalties. The Firearms Act, 1968, created new offences and heavy penalties for unlawful carrying of firearms, and increased the maximum penalties for many existing firearms offences. There are many other examples I could give. If the hon. Gentleman is in earnest on this matter, he should direct his mind not to the inadequacy of the powers which exist, but to the use that is made of them.
Will the right hon. Gentleman repudiate even more categorically the statement which came from the back benches behind him about the political character of the judiciary, both the lay judiciary, which is very carefully selected so as not to exhibit this characteristic, and the professional judiciary, of which I can say from my own knowledge that it is wholly false?
The House is aware of the basis of selection of the magistracy and of the higher judiciary. There is nothing that I can say which will add to or detract from the qualifications of those who serve on the bench.
Au Pair Girls
asked the Secretary of State for the Home Department if he will now introduce legislation to regulate the conditions of employment for au pair girls.
The welfare of au pair girls is the subject of the Council of Europe's Agreement on Au Pair Placement and I cannot at present add to my hon. Friend's reply on 16th April to a Question by my hon. Friend, the Member for Heywood and Royton (Mr. Barnett).—[Vol. 799, c. 271.]
Is it not high time that the Home Office recognised au pair work as legitimate employment, and that agencies providing au pairs, which at the moment escape regulation, deserve to come under regulation, just as the au pair and her employer also deserve a legally binding contract?
It is not the same question as employment. If it were, it would be a matter for the Department of Employment and Productivity. The European agreement specifies the conditions which apply to an au pair arrangement as regards board and lodging, time for cultural improvement, days off and pocket money, and the services that the person placed au pair shall render in return. Whether or not the United Kingdom becomes a signatory to the European Agreement on Au Pair Placement, it is intended to introduce in this country a standard form of agreement between the au pair girl and the family which receives her.
Why do not the Government confirm this agreement? Cannot we go ahead in this important project?
The question of confirmation is now under study. I am sure that my hon. Friend will be prepared to await the result of that study.
Francis Mcguigan (Death)
asked the Secretary of State for the Home Department if he will institute an inquiry into the death of Francis McGuigan, aged two years, in Belfast on 7th August, 1969, in view of the fact that he was affected by CS gas used by British troops on the night of 3rd April, 1969.
This little boy died on 7th April, 1970.
I understand that the coroner has not decided whether an inquest should be held.Is my right hon. Friend aware that responsible medical opinion and many other people in this country are very disturbed about the use of this weapon? Will he do something to speed up the definitive report of the Himsworth Committee on this matter?
My hon. Friend is discussing the question of the use of CS gas in Northern Ireland, and it is not a subject which any of us would wish to dismiss lightly. I do not think that any deductions can be made from the death of this little boy as yet. As regards the Himsworth Committee's Report, I cannot expect that before the end of the year.
Is the right hon. Gentleman aware of the very large number of complaints arising from the use of CS gas, particularly as it effects people with bronchial and chest troubles? Will he take all the steps that he can to see that the powers of arrest of the Army in conjunction with the police are used, as they are a less inflammatory alternative to the use of the gas?
The hon. Gentleman constantly makes false allegations that the Army uses CS gas in a manner which is less than discriminatory. That is not so. It is used only when there are no alternatives.
Industrial Relations (Primeminister's Speech)
asked the Prime Minister if he will place in the Library a copy of the public speech he made in Oban to the Scottish Trades Union Congress on Wednesday, 22nd April on industrial relations.
asked the Prime Minister if he will place in the Library a copy of his public speech to the Scottish Trades Union Congress on 22nd April on the subject of industrial relations.
As I said in reply to a question by my hon. Friend the Member for Blaydon (Mr. Woof) on 24th April, I did so, Sir, on 23rd April.—[Vol. 800, c. 165.]
Is it not clear that the recent newspaper dispute would not have been solved by the Opposition's plan for industrial relations? Does not my right hon. Friend agree that the Tory plan, reaffirmed yesterday by the Leader of the Opposition, amounts to legal restrictions and shackles on the trade unions which would bring Britain near to industrial civil war?
On the first part of my hon. Friend's question, certainly what is put forward by the Conservative Party would not have averted a newspaper strike. So far from that, the action taken by Mr. Feather and the T.U.C. would not have been possible except under the Downing Street agreement of last year. As for the second part of my hon. Friend's question, I have not yet had an opportunity to read the right hon. Gentleman's speech, though I hope to do so.
If my right hon. Friend feels disposed to read that speech at some stage, is he aware that he will detect in it a shifting of emphasis on the part of the Leader of the Opposition and that, if he felt disposed to read it again, he would possibly also detect in it a recognition on the part of the right hon. Gentleman that the legal enforcement of collective agreements is not and never has been a panacea for the improvement of industrial relations?
Not having read it, it is difficult for me to say what I would detect in it if I read it. But on what was trumpeted in the headlines on the front page of every newspaper a few weeks ago and last year—namely, the enforceability of agreements—it is now clear that the Conservative position seems to be that these are enforceable, provided—[Interruption.] I will satisfy hon. Gentlemen completely in a moment.
For 13 years nothing was done. I am about to say what we have done. While the Conservative position is that these are enforceable unless one side disagrees, our position in the Bill now before Parliament is that these are enforceable if both sides agree. If anyone apart from a Conservative lawyer can find a real difference there, he is better than I am.Will the Prime Minister tell the House how many strikes there were in the first three months of this year compared with last year and compared with 1968?
The House has already been given the figures, and I have also given the figures for the past five years, compared with the higher figures in the last five years of the period of office of the party opposite. Even when the right hon. Gentleman was at the Ministry of Labour, they were higher than they have been in the last five years. The answer is, as confirmed by a Conservative newspaper, that they are two million man days less than they would have been but for Mr. Feather.
If the Prime Minister has the information, will he now answer my question?
Yes, Sir. The figure is 2·126 million, if that is the figure that the right hon. Gentleman needs, man days lost through strikes. The number of strikes was 1,134—Unterruptionl-1,134—[Interruption.]—1,134—[Interruption.]
Order. Let us get on with Questions quietly.
The right hon. Gentleman must not be so hysterical. I have just given the figure for which I was asked.
No.
The number of strikes, I have just said three times, was 1,134.
And the year before?
I should be glad to give the figures for the year before. I will also be very glad to give the right hon. Gentleman the figures which show higher figures in the Tories' last five years than under us—[Interruption.] Right hon. and hon. Gentlemen opposite can afford the irresponsibility of opposition, and they will have many more years to get used to it. But if we are concerned with what I said at Oban, I said then that the right hon. Gentleman's policy, by claiming to solve the strike—[HON. MEMBERS: "Answer."] I have just answered the question—[HON. MEMBERS: "No."] The right hon. Gentlemen's policy is a specific for more strikes.
May I offer to help the right hon. Gentleman? There were 1,134 strikes in the first three months of this year, 718 last year, and 512 the year before. The Government have abdicated all power of responsibility in the face of those figures.
I am grateful to the right hon. Gentleman for the figures that he has so diligently dug out. I am sure that the House, as he would wish, will ponder them.
I will now answer the last part of his question, though it sounded more like an assertion. The distinguished speech which he made yesterday, together with the no doubt less distinguished speech that I made yesterday—[Interruption.]An Hon. Member: Wait for it.
would not have been there for any of us to read today in the newspapers if it had not been for the intervention of Mr. Feather. Conservative policies could not have stopped that strike. Mr. Feather could not have intervened against the background of Conservative policies. He would not have had power to intervene except for what was conceded in the Downing Street talks last year. The right hon. Gentleman can ask Mr. Feather if he wishes. After all, he settled that strike, where the right hon. Gentleman's system would not have done.
I conclude with this answer—On a point of order. Surely this is Question Time, not speech time?
Order. That is a question, not a point of order.
Further to that point of order. Is there nothing that you can do, Mr. Speaker, to restrain the graceless reiteration of the Leader of the Opposition and also to comfort the poor miserable berks on the other side of the House?
Order. There is very little that I can do at the moment.
As the right hon. Gentleman's question was not a question but an assertion, I conclude briefly that, in addition to the fact that his speech and mine could not have been reported, the Conservative Press, which has so faithfully supported him on strikes and now knows where the facts really lie, would not have been in production today, and some would not have survived.
Does the Prime Minister agree that, while strikes and absence from work are desperately serious matters, what people do when they are at work is also relevant to the economy? In this connection, when he is next giving advice to the Conservative Front Bench on this topic, would he care to remind them that there are at present no strikes in Czechoslovakia, but that Czechoslovakian productivity is the lowest in Europe?
Referring to the settlement of the newspaper strike, may I ask my right hon. Friend whether it is true that, since publication of the public opinion polls in the newspapers, the Tory Opposition no longer believe what they read in the newspapers?
Has the Prime Minister heard the rumour—[HON. MEMBERS: "No."]—then I shall inform him—that the country wishes to return to yesterday's men—[HON. MEMBERS: "Oh."]—yesterday's prices, yesterday's taxes and yesterday's unemploment situation? Is the Prime Minister aware that yesterday's men never devalued and never fiddled by boundary rigging?
Order. The original Question is about Oban and the Trades Union Congress.
On a point of order. I apologise, Mr. Speaker. But the expression "yesterday's men" was used by the right hon. Gentleman in his speech. It was the first time that that expression was used.
Order. That does not bring the hon. Gentleman's question into this Question.
Since the question was put, I must say that I have not heard any such rumour, or any rumour that the people of this country want to return to yesterday's deficit either. For myself, I just feel saddened that a once great party has nothing left to feed on but rumours.
Road Safety (Ministerialresponsibility)
asked the Prime Minister whether he will appoint a Minister for road safety with sole responsibility for co-ordinating the measures for cutting down the numbers of road accidents.
No, Sir. Under my right hon. Friend the Minister of Transport, one of his Joint Parliamentary Secretaries, my hon. Friend the Member for Newcastle-upon-Tyne, West (Mr. Bob Brown), already has special responsibility for road safety.
While congratulating the Government on the road safety legislation which has saved many lives, may I ask my right hon. Friend whether he will remember and bear in mind that for every person murdered in this country, 40 people are killed on the roads? Will he bear in mind also that the World Health Organisation has said that in advanced countries one in 50 children born today will be killed on the roads? Will he therefore give urgent priority to the idea of appointing a Minister whose only responsibility will be to save lives in this respect?
I am sure that no one will be complacent about the present toll of lives on the roads, but it is a fact, as my hon. Friend says, that there has been a big improvement. If the rate of growth of road casualties in the period 1960–64 had continued, we could have expected an increase of about 8 per cent. or 9 per cent. between 1964 and 1969.
The Prime Minister need not bring that into politics.
Right hon. Gentlemen opposite have brought a lot of people's deaths into their propaganda. At the expected rate, there would have been 30,000 more casualties. In fact, in 1969, instead of 30,000 more, there were 30,000 fewer casualties, that is, 60,000 casualties less against the trend[Interruption.]—I have a right to quote these figures to the right hon. Gentleman, because a great part of this was due to the courage of my right hon. Friend the then Minister of Transport for introducing the breathalyser. That has saved thousands of lives, and it is right that it should be said.
On a point of order, Mr. Speaker. Many hon. Members on this side of the House distinctly heard the right hon. Member for Enfield, West (Mr. Iain Macleod) call the Prime Minister a swine. I submit that that is unparliamentary language, and that you should ask the right hon. Gentleman to withdraw the remark.
Name him.
Order. Noise does not help a point of order at all. I did not hear the right hon. Gentleman use that word, but, if he did call the Prime Minister a swine, he will withdraw it.
I always say frankly what I did say. I used that word. I thought it unforgivable to bring children's deaths into a political argument and to make capital out of it. If the word be out of order, Mr. Speaker, you know my deference to you and to the Chair and of course I withdraw it.
rose—
The right hon. Gentleman has withdrawn it.
rose—
Mr. Bessell.
Further to that point of order, Mr. Speaker. As I asked the Question originally, would you accept that the saving of children's lives is an issue, and a very important one, for many young mothers in this country, and should not bring anger to those who supported the alcoholic lobby against my right hon. Friend?
That is not a point of order at all.
While recognising the great improvement in the number of road casualties, for which the Prime Minister is quite correct in taking credit on behalf of his right hon. Friend, may I ask whether, in view of this continuing slaughter on the roads, he agrees that the kind of propaganda policy adopted during holiday periods might be extended throughout the year to impress on people the need for care?
I began my reply by saying that there was no ground for complacency by anyone in this matter, and all the time we must be vigilant in seeing whether some of these restrictions which have helped to reduce road casualties should be tightened up, and in what fair way they can be tightened up.
My impression of publicity at holiday times is that, valuable though it is, and highlighted though the holiday figures inevitably and right are, they are no higher on the average than the day-to-day toll during the rest of the year. For that reason I entirely agree with the hon. Gentleman, and what he said about holiday times needs to be said all the year round.Commonwealthimmigration
The following Question stood upon the Order Paper:
To ask the Secretary of State for the Home Department if he will propose further steps for reducing the net inflow of immigrants under the Commonwealth Immigrants Acts and the Aliens Order.
In the first quarter of this year 6,728 Commonwealth citizens were admitted for settlement, compared with 10,118 in the first quarter of 1969, and 13,539 in the first quarter of 1968.
The figures are the lowest since statistics were first collected in 1962. They show a reduction of 33½ per cent. on 1969, and of 50 per cent. on 1968. The rate of immigration is now under effective control. I do not expect any marked increase in these modest figures for Commonwealth citizens. Nor are further steps required to control immigration by aliens.
The right hon. Gentleman will have noticed that my Question also refers to the net inflow of aliens. Does he recollect that last week he gave me figures which showed that in 1969 there was a net inflow of 26,000 aliens, which was 20,000 more than in 1968. Is this considerable increase in the net inflow of aliens justifiable while we have so many unemployed?
I do not think that those two facts are relevant. The number of aliens coming in and moving out varies very much from year to year. It has been between 15,000 and 20,000 in most recent years, but there are hundreds of thousands who arrive, and hundreds of thousands who depart. The net result at the end of a day increases the population of this country by an insignificant figure.
Is my right hon. Friend prepared to have another look at the special hardship being caused to British citizens in East Africa who hold United Kingdom passports?
Not to increase the total number coming into this country. I have said many times that I am prepared to look at any scheme which would result in additions from one area, provided that there was an equivalent reduction elsewhere.
As the net inflow is controlled, and the Home Secretary has announced that it has reduced, it means that the quota is not fully taken up. Surely, on humanitarian grounds, we should look again urgently at the position of British citizens of Asian descent in East Africa, many of whom are destitute and virtually Stateless?
I do not believe that the two things go together. According to my information, more than 50 per cent. of those now in Kenya have lived there for relatively short periods, and were born in India. There would be nothing to prevent them from returning to India if they wished to do so, if they are suffering in the way suggested. There is some hardship there, but, on the general point, I believe very firmly that the reason why we have taken a lot of the heat out of the immigration problem is that the country knows that the figures are under firm control, and I should not wish to be a party to increasing the total immigration at this stage.
Will the right hon. Gentleman confirm my understanding of his original Answer, which was that his figures relate to individuals, and not to heads of families? Will he again consider the possibility, to which he was at one time sympathetic, of introducing legislation to bring into harmony the two separate codes relating to these two classes of individuals?
There are big differences between aliens and Commonwealth citizens, as the right hon. and learned Gentleman knows, and I fear that I could not give an undertaking this afternoon to introduce legislation.
Would the right hon. Gentleman deal with the first part of my question? I asked whether his figures related to individuals or heads of families.
Individuals.
Will my right hon. Friend consider allotting some of the vouchers that are not taken up to the East African Asian holders of British passports and at last do them some elementary justice?
I would not be willing to do that, because it would increase the total number coming into this country.
If the right hon. Gentleman has any difficulties about doing anything in respect of East African Asians, could he get the Foreign and Commonwealth Secretary to make representations to the Governments of Kenya and Uganda to pursue more liberal and less discriminatory policies in regard to those people, who, in the main, have a very substantial contribution to make to the economies of those countries?
That is a matter for my right hon. Friend, but the process of Africanisation has been long announced by the Governments of the countries concerned.
Business Of The House
Would the Leader of the House please give us some indication of future business?
Yes, Sir. The business after the Whitsun adjournment will be as follows:
MONDAY, 1ST JUNE—Second Reading of the Industrial Relations Bill and of the Republic of The Gambia Bill [ Lords].
Consideration of Lords Amendments to the Local Authorities (Goods and Services) Bill.
TUESDAY, 2ND JUNE—Further Progress on the Committee stage of the Finance, Bill.
WEDNESDAY, 3RD JUNE, and THURSDAY, 4TH JUNE—Remaining stages of the National Superannuation and Social Insurance Bill.
FRIDAY, 5TH JUNE—Second Reading of the Education (Miscellaneous Provisions) Bill [ Lords] and of the Atomic Energy Authority Bill [Lords].
Remaining stages of the Republic of The Gambia Bill [ Lords].
MONDAY, 8TH JUNE—Remaining stages of the Gas Bill and of the Industrial Training Bill.
Motion on the National Insurance (Occupational Pensioners) (Unemployment Benefit) Regulations.
Has the attention of my right hon. Friend been drawn to my Motion No. 243?
[That, in view of the reduction of one per cent. in Bank Rate in recent weeks, this House calls upon the building societies to make an appropriate reduction in mortgage interest rates.] Is my right hon. Friend aware that when my hon. Friends and I return triumphantly from the hustings we shall expect him to arrange a debate so that we can put the building societies in the dock on this issue?I have noted my hon. Friend's Motion, and I am sure that the building societies, also, will have noted it.
May we take it that the right hon. Gentleman's list of business is definite, or is it subject to minor change, or to total change without notice?
I have announced the business, and that is what it will be if we come back.
Will my right hon. Friend now tell us when the House will rise for the Summer Recess?
Not next week.
Broadcasting Services(Inquiry)
With permission, I would like to make a statement.
As the House will recall, I said in the debate on 3rd December last year that I was considering an inquiry into the long-term future of broadcasting after 1976, when the present mandates of the B.B.C. and the I.T.A. expire. There are important technical developments taking place in the field of broadcasting and of communications generally which may have fundamental implications for broadcasting in the later 1970s and it is necessary that these, as well as the existing broadcasting arrangements, should be examined before Parliament and the Government have to take decisions about the arrangements that should apply from 1976. The Government have, therefore, decided to set up an independent committee of inquiry to carry out a wide-ranging review of the future of sound and television broadcasting. [Interruption.]Order. The Minister is making a statement. The House must listen to it.
The terms of reference are:
I have invited the noble Lord, Lord Annan, to be Chairman of the Committee, and I am glad to inform the House that he has consented. I shall announce the names of the other members of the Committee as soon as possible."To consider the future, after 31st July, 1976, of the broadcasting services in the United Kingdom, of the dissemination by wire of broadcast and other programmes and of television for public showing; to consider the implications for present or any recommended additional services of new techniques, for example, for recording visual programmes for reproduction; and to propose what constitutional, organisational and financial arrangements and what conditions should apply to the conduct of all these services".
While I accept that a number of technical developments are on the way, may I ask what knowledge the right hon. Gentleman expects to gain from an inquiry into the whole field of broadcasting which is not already available to the Government without an inquiry and all that that involves?
Second, does not the right hon. Gentleman agree that the low morale among the creative and executive staff in broadcasting is largely due to the fact that I.T.V. and the B.B.C., during recent years, have already been over-investigated, over-reorganised and over-restructured? Why is he hurrying to appoint a committee of inquiry before a General Election, when there are still six years before the B.B.C. and I.T.V. mandates run out?I do not think that we are yet fully aware of all the technical developments that may be generally accepted in a few years' time. The pace of change is considerable. I have had an advisory group of scientists and electronic engineers advising me on the subject for some months, and I am satisfied that the change in the technological environment for broadcasting may be so considerable that the whole function of the broadcasting institutions in Britain as we have known them may have to change. That is why a committee of inquiry which can take into account the wider social implication of these changes is essential.
I do not accept that there is low morale in the broadcasting institutions. The quality of our broadcasting is second to none in the world, and we want it to continue in that way. The fact that there has been such a great deal of public controversy about the B.B.C.'s proposals in "Broadcasting in the Seventies" for sound broadcasting, when it was alleged that there was not sufficient time for consideration of its proposals, indicates that we must now give sufficient time for the inquiry to go ahead and for the public and Parliament to consider it after the report is made. As Lord Pilkington said, the last inquiry did not have sufficient time. We have decided that this inquiry should have sufficient time, and that is why the committee is being appointed now.rose—
Order. We have a lot of businesss ahead. Questions and Answers should be brief.
Is my right hon. Friend aware that many of us are very grateful to him for instituting an inquiry into the technical aspects of broadcasting, an inquiry demanded by the T.U.C. and the Post Office Engineering Union? May we hope that consideration will be given to the possibility of handing over the technical aspects of broadcasting to the Post Office, where they truly belong?
I am grateful for that expression of support. I know that the country generally will welcome the fact that the uncertainty about a committee of inquiry has now been dispelled. Of course, the committee will be able to consider any representations made to it.
I welcome the setting up of the committee of inquiry as a necessary step for the long-term future of broadcasting after July, 1976. But does the right hon. Gentleman agree that it cannot of itself do anything to remove the very deep anxieties both within and outside the B.B.C., nor will it do anything to remove the present state of financial dependence of the B.B.C. on the Government, which is a threat to the freedom of broadcasting?
I do not accept that there is in the B.B.C. the degree of low morale which is being suggested. I think that the morale in the B.B.C. is very good. The controversy which surrounded "Broadcasting in the Seventies" has now largely subsided. It is now generally accepted that the B.B.C. is doing a first-rate job.
The committee of inquiry will not be concerned with short-term problems, but about the situation after 1976. All those who are concerned with broadcasting, including those in the B.B.C., will be anxious to make a contribution to that long-term consideration which is so fundamental.Will the inquiry be able to consider the advisability of setting up a Broadcasting Council on the lines of the Press Council, to which the public can make complaints if they are not satisfied about the impartiality of B.B.C. or I.T.A. programmes?
I know that my hon. Friend has put this idea forward on several occasions, and I am sure that, if he were to submit it to the committee of inquiry, it would consider it. I have put no reins on the committee's considerations, so this would certainly be one of the subjects which it could consider.
If this inquiry was to be set up, would it not have been far more sensible to set it up before the damage was done to the B.B.C.? Would the right hon. Gentleman make it clear whether the chairman will be Lord Arran or Lord Annan? If the latter, will he undertake to see, so that some impartiality is preserved, that Dr. Leavis is also a member?
Order. The hon. Member should not refer discourteously to a Member of another place.
I do not accept that there is now undue controversy in the B.B.C., and I do not believe that an earlier announcement of the establishment of this committee of inquiry would in itself have changed the controversy which has raged for the last year about sound broadcasting in the B.B.C.
I made clear in my statement that it is Lord Annan who is being appointed. I cannot yet announce the other members of the committee.Although I generally welcome my right hon. Friend's statement, may I ask to what extent the particular interests of Wales will be covered by the inquiry?
I am very anxious, as I am sure the chairman of the committee will be, that it shall take into account not only the interests of Wales, but those of Northern Ireland and Scotland as well. I will ensure that a member is appointed from Wales to help to represent the concerns of the Welsh.
If the main function of this committee, as I understand it to be. is to look into the technological future, why not have a technologist as chairman? If, on the other hand, it is to look into the whole question of the social impact upon society of broadcasting as a whole, would the right hon. Gentleman take very close account of the point made by his hon. Friend the Member for Bosworth (Mr. Wyatt)?
Could the committee be called upon to consider the very vexed question whether there should be a council on on the same basis as the Press Council, even if only as a long-stop, to protect society from this method of communication?As I said, the committee will be able to consider any of these points which are put to it. But I am concerned that the full technological changes, which will certainly be vital in the next few years, should be considered by the committee. I also have leading technologists advising me on this very aspect and I will ensure that this advice is made available to the committee. It would have been wrong if it concentrated purely on the changes in technology. What we have to ensure is that the full social and political impact of these changes is considered by a wide-ranging and widely-drawn committee.
Would my right hon. Friend accept that this inquiry is welcome? But will he confirm that, in addition to looking into technological aspects, the committee will also consider the policy of broadcasting, both in sound and in television? Would he confirm that there will be a Scottish representative on the committee? I am sure that he must recognise that national interests could be looked after if broadcasts came from Scotland as well as from any other part of the country?
I am glad to confirm that all the policy issues will be considered by the committee if it wishes to do so. I am also pleased to confirm that I will be making an appointment from Scotland, so the special concerns of that part of the United Kingdom can be kept in mind.
Since the period within which the committee will be examining the impact of technology on television and sound broadcasting is probably the next decade, and since, within that decade, the virtually complete monopoly which national States have exercised over broadcasting to their nationals is likely to disappear as a result of direct satellite television broadcasting, would the Minister specifically include this subject in the terms of reference of the committee?
The committee, and indeed Ministers, can be concerned only about activities which lie within their jurisdiction. I am very glad to take up this point, because it is an extremely valuable one, which we have very much in mind. This is one of the new technological developments which will certainly undermine, in time, the quasi-monopoly in broadcasting in Britain at this time.
Would my right hon. Friend accept—I should like to put it to him with the greatest possible courtesy and warmth—that he is wrong when he says that the internal concern in the B.B.C. has died down? If he believes this, would he ask for a report of last Sunday's meeting of the 76 Group with some of the leading B.B.C. figures?
Generally speaking, the correspondence which the B.B.C. and 1 have been receiving in recent weeks confirms that there is now very little outside concern about the impact of the B.B.C. programme changes. Indeed, there has been wide acceptance that these were a change for the good. We should not become embroiled in this, in considering the wide-ranging future of broadcasting from 1976 onwards. We should not be concerned about temporary disputes which may exist within one of the institutions to which we are referring.
rose—
Order. I must protect the business of the House.
On a point of order. I did not hear it absolutely clearly, Mr. Speaker, but I understood you to allege that I had been discourteous to either one of two members of another place whom I mentioned. With the greatest possible respect, nothing that I said relating to either of those peers could possibly be construed, if you heard me aright, as discourteous. I should be grateful if you would clarify your Ruling.
I am grateful to the hon. Gentleman for raising that matter. I saw the distress he showed when I made my Ruling. If I misheard him, I at once apologise to him.
On a point of order. As you know, Mr. Speaker, so far as anyone in the House is representative of those who work in television broadcasting, it is myself—
Hey, hey, hey!
it is myself—would you be so good as to tell me, either publicly or privately, why I am so consistently unsuccessful in catching your eye?
I have never noticed that the hon. Gentleman is singularly unsuccessful in catching Mr. Speaker's eye, but he cannot catch it every time.
Bill Presented
Housebuilders' Insurance
Mr. Maxwell-Hyslop, supported by Mr. Peter Mills, Mr. John Wells, Mr. Julian Ridsdale, Mr. Evelyn King, Mr. J. C. Jennings, presented a Bill to make it an offence to sell a dwelling-house in advance of the vendor completing the construction of the said dwelling-house and of the works specified in the contract to be undertaken in connection therewith, unless the vendor shall have entered into a contract of insurance with an authorised underwriter, or otherwise secured by a method approved by the Minister the indemnification of the purchaser against failure by the vendor to perform the contract due to the vendor's bankruptcy or insolvency: And the same was read the First time; and ordered to be read a Second time upon Friday 12th June and to be printed. [Bill 188.]
South African Cricket Tour
Before the debate begins, may I announce to the House that this debate will last exactly three hours and that I already have the names of 30 hon. and right hon. Members who wish to take part? I would urgently appeal for speeches to be brief.
4.0 p.m.
I beg to move, That this House do now adjourn.
It is surely right that the House should discuss the burning topic of the South African cricket tour, which has aroused such grave anxiety throughout this country and throughout the Commonwealth. So I thank you, Mr. Speaker, for accepting my application under Standing Order No. 9 yesterday and I thank hon. and right hon. Members, including the Government, for their support. I start by discussing the Cricket Council's action, first, in terms of sport. I have some personal knowledge of the kind of problems which the council faces. I have taken part in international games. I have organised big international matches and international tours. I have always held that sport is above politics. If it is above politics that is because it has ethics of its own. If those ethics are not observed, it may need action from outside the world of sport to put things right. The essential fact of the situation is that which I mentioned yesterday, the action of the South African Prime Minister 18 months ago. I recall the malicious glee with which he broke off a speech to an audience of businessmen to tell them that Basil d'Oliveira had not been selected in the England team. Later, after d'Oliveira was selected I remember the arrogant fury with which as an official Government act he cancelled the England tour to his country. That was bringing politics into sport, and politics in its most explosive and most uncivilised—I repeat, uncivilised—form. Many people in all parties have wondered how after that tragic episode the Cricket Council found it possible to send an invitation to a South African team which would be selected on the Vorster principle of apartheid. They find it diffi- cult to understand because apartheid violates the basic foundation of world co-operation in international sport.Will the right hon. Gentleman allow me—
No, I think not. Many hon. Members want to speak.
rose—
Order. If the right hon. Member for Derby, South (Mr. Philip Noel-Baker) does not give way, the right hon. Member for Brighton, Pavilion (Mr. Amery) must sit down.
I do not give way simply to make it possible for more hon. Members to speak in the debate.
People of whom I am speaking find it difficult to understand because apartheid violates the basic foundation of world co-operation in international sport. The basic foundation is now accepted in all the continents and in every other form of sport. They find it hard to understand because of other events which have happened in recent years. In 1968, a valiant effort was made by those who share the Cricket Council's views to bring South Africa back to the Olympic Games. That effort was swept away by a world-wide wave of opposition. Because of apartheid, South Africa was overwhelmingly finally ejected from the Games. In 1969, after long deliberation, South Africa was ejected from the Davis Cup. Going back a little further, there was another important and relevant event. In 1961, when Mr. Harold Macmillan was Prime Minister, and most of the party leaders opposite were Ministers in his Administration, South Africa was ejected from the Commonwealth itself. The reason for its ejection was apartheid. These people of all parties find it hard to understand why the Cricket Council issued its invitation to the South Africans to come, but they did so acting on a principle which they think valid. They issued it and now they and we have to face the practical results of what they have done. I shall ask some questions and suggest some answers for the consideration of the House. In 1961, the late Lord Attlee gave the Chicéle Lectures in Oxford with the title, "Empire into Commonwealth". The peroration of his last lecture began as follows:Commonwealth cricket has been a glory to all concerned. I remember an amazing match in Melbourne some years ago, before 100,000 delirious spectators. Australia and the West Indies ended on the fifth day with a fantastic tie. A few days later, when the West Indians left the country, half a million Australians went to Sydney Docks to bid them goodbye. The East-West tradition goes back to the immortal Ranjitsinghi, whom hon. Members of my generation used to see in their youth. But goodbye to all that if the present tour goes on.The Times reports today that"One further rather curious link in the Commonwealth must be mentioned. That is the game of cricket. Apart from a team in Holland and a couple in the United States, the game of cricket is confined to the Commonwealth and…it is played with enormous enthusiasm in India, Pakistan, the West Indies, Australia and New Zealand. Everywhere this very distinctive British game evokes enthusiasm."
One thing at least is certain. Bishop David Sheppard said, in a letter to The Times the other day:"the Indian Government have private fears that the world of sport may divide into two formal white and non-white camps if India is forced to cancel her future arrangements with the MC.C. because the South African tour is not called off."
As the Indian Government fear, there may be wider repercussions. That leads me to my second question: what will this tour do to the Commonwealth Games? I have always, for 60 years, been a defender of the Olympic movement. When almost all the Press and many Governments were hostile, when they said that the games would produce quarrels and lead to international misunderstanding, I maintained that they were wrong. I have seen the Olympic movement grow into the most important factor in the world today for international good understanding. That that is true of all sport is my profound belief. Sport is now a bond of great strength between the races in different continents, but the Commonwealth Games are something special. In the athletes' village, in the stadia, there is a warmth and friendship which infuses every waking hour and every competitive event, but the Commonwealth Games will infallibly be killed if the tour goes on. The Indian Government, last week, told their Parliament that no Indian team would come to Edinburgh if the tour goes on. They have been followed by Malaysia, Ceylon, and Singapore. Pakistan has gone even further and cancelled an under-25 cricket tour which was to take place in this country in a few weeks' time. That leaves us, in Asia, with Hong Kong. It is amply evident that no West Indian team will come. Tobago, Trinidad, Barbados, Guyana, have already spoken. Ten African Governments have declared a boycott. The spokesman of Sierra Leone said yesterday, in Freetown:"International cricket will disintegrate into a black camp and a white camp and Commonwealth cricket will infallibly be killed."
Hon. Members may say that is extravagant nonsense. I would reply that it is a basic fact that if we accept apartheid in our cricket people of colour will feel that it is a humiliation if they take part in other sport with us. We must understand the fierce revulsion which a colour bar produces in their hearts. Yesterday, Mr. Walter Winterbottom, who has done so much for British football, for the Sports Council, and for British sport generally, said that if the boycott at Edinburgh should occur one would be bound to wonder about the future of Commonwealth Games. I go further. I predict that if the tour goes on the Commonwealth Games will be dead for good and all. I come to my next question: what will the tour do to the Commonwealth itself? The Commonwealth has more institutional machinery than some people understand. Very much of what is genuinely important consists of tenuous moral, psychological, intellectual, links which come out of long years of fruitful co-operation in the past. But let the peoples of the coloured members think for a moment that Britain is soft on apartheid and the power of those links will be grievously diminished, perhaps for all time to come. That is precisely what millions of people in the Commonwealth and in the world generally will think if the tour goes on. Fourth, what will the tour do to Britain? It will cause racial tension of a kind we have never known. No one speaks with greater authority on the subject than Bishop Trevor Huddleston."It is inconceivable that under prevailing circumstances any African country would wish to expose its athletes to the inevitable humiliation that is bound to accompany such participation."
Oh.
Listen to the Tories jeering.
The bishop has lived with apartheid in Africa. He wrote the other day:
Lord Hunt of Everest speaks with authority equal to that of the bishop. He gives the bishop full support and he touches on the very kernel of the argument put by those who support the tour. He said in a recent letter to The Times:"I think it would be a totally disastrous thing if this country is not prepared to see that this is something that could escalate racial tension here in a very big way indeed. Just imagine the Test Match at the Oval, where there are enormously large coloured communities. This is totally irresponsible. Whether you like to watch cricket is a secondary issue."
Lastly, what of the police? The police are heavily overstrained by the present mounting wave of crime and by the criminal acts of motorists who cause fatal accidents. It is a nonsense to impose this appalling extra burden on them. What may be the long-term results on law and order in our cities? What opportunities shall we be gratuitously giving to the gangsters who want to foster violence in every way they can? I am opposed to violence in support of this or any other cause. I want reason to prevail. I hope that there will be an overwhelming consensus of opinion in the House this afternoon that the tour shall be dropped. I hope that Parliament's appeal will be heard by the Cricket Council and that it will yield to warnings of dangers it has not foreseen. If it withdraws its invitation, it will render a signal service to the cause of cricket, to the cause of international sport, and to the virility and power of the Commonwealth itself. That would be no minor matter. In spite of all its present troubles, the Commonwealth, with its bonds between peoples of all colours and all continents, may still be the strongest political and moral force in world affairs and the best hope for mankind's lasting peace."I am as concerned as anyone to uphold the right of a private body to engage in a lawful activity and for private individuals to enjoy it. I am totally against the relentless pursuit of that activity irrespective of the greater harm it is likely to do to the community in general. This is what is likely to happen if the Cricket Council maintain their intention; they will bear a heavy responsibility for the internecine strife which will probably ensue."
4.16 p.m.
I know that everybody in the House has a deep respect for the passionate sincerity with which the right hon. Member for Derby, South (Mr. Philip Noel-Baker) supported this particular proposition, as in the course of his long and very distinguished career he has supported many others. I know that that experience will enable him to recognise the sincerity of those who take a different view on this matter, as many of us do on many other matters, from those which he takes.
Will he, however, allow me, first, to correct him on a straight matter of history? He referred to the departure of South Africa from the Comonwealth at a time when, as he said, many of my right hon. Friends were members of the Government. It is not true, as the right hon. Gentleman said, that South Africa was evicted from the Commonwealth. The decision to resign from the Commonwealth, regretted, I think, by many people, was a decision of the South African Government of the day. This is purely a matter of history; as the right hon. Gentleman stated the contrary, I thought that I should put the record straight.I have had the honour to be Secretary of State for Commonwealth Relations, and I know how these things are done. South Africa left the Comonwealth because all the other members desired that she should.
The right hon. Gentleman has been Secretary of State for Commonwealth Relations. However, lie was not a Minister at the time, and I was. I tell him that on the point of fact, he is mistaken.
rose—
Mr. Speaker—
Order. The right hon. Gentleman is not giving way.
I am sorry, Mr. Speaker, but, just like the right hon. Member for Derby, South, to whom, none the less, I gave way, I am trying to bear in mind your injunction to us to be brief; and, as you have said, giving way frequently undoubtedly prolongs speeches. I intend mine to be a very short speech.
I hope that the right hon. Gentleman will accept it from me that many of us on this side and in the country greatly regret the situation which has developed; because, in my view, it is clear that, whatever happens now, a good deal of harm will be done. It may be—I hope and believe that this is so—that the right hon. Gentleman has exaggerated the ill consequences of the tour's going on. I think that he must recognise the damaging consequences which will arise if it is now cancelled. It will be plain to all concerned inside and outside this country that a perfectly lawful activity has been cancelled because of the threat of force and because it is feared that the Government of the day will be unable or unwilling to enable lawful activities to take place. Hon. Members opposite have often stood, to their credit, for unpopular causes. The right hon. Member for Derby, South has done so and we respect him for it. If causes which are unpopular—and a recent poll does not suggest that this one is; and the Government attach importance to polls, they have been living on "pep polls" for the last few days—have to be stopped because of the threat of force that is a process which goes to the root of any ordered and orderly society. It may be an unpopular cricket team today, it could be a minority political group or religious group tomorrow. It is surely the duty of us all in considering this issue and all issues to reflect that the abandonment of lawful actions under the threat of unlawful force is a danger to the pillars on which an ordered society rests. It is a pity that this tour has been given, by its opponents, a wholly unnecessary political significance. South African teams have been coming here for years while apartheid has been the policy of the South African Government. They came here after the horror of Sharpville. This tour has been given this political importance very largely because of the agitation against it. The principle has been that tours from over- seas countries come here whatever we think of the internal policies of their Governments. The policy has been that to accept that, they are not official representatives.Will the right hon. Gentleman give way?
The policy has been that it is a good thing rather than a bad thing for young people in unofficial positions to meet and talk with each other. This has been the prevailing policy.
rose—
This is why we have welcomed here, for example, the Red Army Choir.
rose—
Order. The right hon. Gentleman is not giving way.
This House, in one of its most impressive moments 18 months ago, denounced the Russian occupation of Czechoslovakia, about which we were all deeply moved. During recent months the Red Army Choir has been here, an official part of the Soviet State and of the Soviet armed forces—although its military significance may not be very great—which over-ran Czechoslovakia. If the hon. Member for Rochester and Chatham (Mrs. Anne Kerr)—and I think that I anticipate her—replies that the difference is that the South African team is all-white—
Why am I not allowed to speak? I do not see how the right hon. Gentleman can anticipate my reply if I have not been allowed to ask my question.
If I am to be subjected to continuous sedentary interruptions by the hon. Lady I shall take longer than I intended, Mr. Speaker.
rose—
We welcomed here the arrival of the Red Army Choir, part of the apparatus of the Soviet State. Hon. Members opposite may say that there is a difference because the South African cricket team is wholly white. But how many practising Christians, how many aristocrats, how many kulaks, how many Jews, were in the Red Army Choir? If we are to say that we are not to indulge in sporting activities against countries whose political régimes we disapprove, we will limit ourselves very seriously indeed in our activities.
I say to the House, with just as much sincerity as the right hon. Gentleman, that if we are voluntarily to cut ourselves off from personal and individual contacts with young unofficial persons from other countries and régimes of whom we disapprove we will do more damage to international relations than we could do in any other single way. It is no use saying, as the right hon. Gentleman did, that the coming of teams selected on this basis must have disastrous consequences. Those who do not wish to see a team are under no obligation to watch it playing. They can stay away. This has been the principle for many years. I know people inside and outside this House who will not go to functions in connection with particular countries about whom they have deep feelings. They show those deep feelings by absenting themselves and refusing any contact with these people. This, with respect, is the civilised way to indicate a dissent if we feel it. But to plunge into organising disturbances, which however innocent they may be in their conception, are known to every grown man and woman to be certain to lead in the long run to serious disorder, is a very wrong way to indicate disapproval. Moreover, from a practical point of view, it is self-defeating because it tends to create sympathy for the very people against whom the demonstration is organised. Therefore, on the merits of the matter, having got to this stage, having faced the threats, I hope that this tour will go on. It is wrong, as the right hon. Gentleman suggests, to put all the responsibility on the Cricket Council. [An HON. MEMBER: "It delayed too long."] If the Government believe that the arrival of this team will have these serious consequences, they have the power to deal with this. The team consists of people who are in law aliens. I do not think that the Home Secretary will dispute that he has the power to regulate the entry of aliens. If the Home Secretary—and he does this again and again—is convinced that the arrival of particular aliens will cause trouble and danger in this country, he exercises his power to prohibit their entry.rose—
He and his predecessors have done so again and again.
rose—
It is quite unfair to put on the Cricket Council, concerned as it is with the organisation of this tour on a cricketing basis—
And Conservative victory.
responsibility for all these public issues when, if the Government think that disorder and trouble and Commonwealth disturbance would follow, the Government, if they are prepared to take the responsibility, have the power to intervene. I hope that the Government will not intervene and I say that to prevent any misunderstanding because I think again that it would be a surrender to force. But I do protest against putting the responsibility wholly on the Cricket Council.
I come now to the position of the Government.rose—
I accept the sincerity—
rose—
Order. The right hon. Gentleman is obviously not giving way.
On a point of Order. The right hon. Gentleman referred to a remark that I made and it is custom and practice in this House that if an hon. Member refers to a remark made by another hon. Member he should give way to him.
Order. It is sometimes not done.
May I say, on that, that I am not conscious of having heard any remark from the hon. Gentleman and that, good though my telepathic gifts may be, I could not by that method appreciate what the hon. Gentleman thought he was saying.
On a point of order. How is it that the right hon. Gentleman assumed that he knew what I would ask, assuming that his telepathic qualities are as he says?
point of order.
I come to the position of the Government in this matter. While I acknowledge the deep sincerity of the right hon. Gentleman and some of his hon. Friends the attitude, of the Government can be looked at in a very different way. Last week, we heard from the Secretary of State for Defence. through a Written Answer, that the Royal Navy had been conducting exercises in company with the South African Navy and Air Force.
The week before, the President of the Board of Trade had been full of pride in the House about British trade figures with South Africa. Apparently, we can trade with South Africa to our own benefit and we can be allies with South Africa—for that is the implication of these exercises, that if war should come we should fight and die together for the same cause; that is the Government's view, that this is all right. But the Government's delicate conscience jibs at the prospect of playing cricket with these people. I understand, respect and agree with those who hate apartheid. I hate it, too. I think that it is well described by the French quotation that it is worse than a crime; it is a blunder. I understand but disagree with respect with those who say that they will have nothing to do with it and put on a complete boycott. I have less sympathy for those in office who are prepared to support the British balance of trade and defence strategy throughout the world through co-operation with South Africa but suddenly find that their moral scruples are too delicate to enable them to allow 11 young unofficial South Africans to come here and play a game of cricket. That is an indefensible position and, what is more, it is a sham.
The South Africans are representatives of the minority group, not a South African team.
The Government are prepared—
It is not a South African team.
Order. The hon. Member for Smethwick (Mr. Faulds) must contain himself.
I have made the point. It is not a South African team.
On a point of order and clarification, Mr. Deputy Speaker. I spent part of my war service being trained in the Union of South Africa as aircrew. The black South African was allowed to fight, but—
Order. That is not a point of order.
It is not a point of order, nor is it, to my mind, a defence of the Government, with whom I am dealing.
It is not a representative South African team.
Order. The hon. Member for Smethwick really is not helping the tone of the debate at all.
I am clarifying the facts.
The Government are prepared in the ultimate to fight alongside South Africans, but are not prepared to play cricket with South Africans. I would say of a Government who can adopt an attitude of such calculated insincerity that it is not necessary to make little wax images to hold them up to derision. The naked truth brings it out and entitles them to contempt.
It might be convenient to the House if I intervene rather earlier than is sometimes the case so as to express the view of the Government on this matter. I say at once that some of us do not have to be defended from the charge or insincerity which the right hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) lavished with such gay abandon.
Never in my experience have I had to deal with a question where the issues were as deep, as emotional and as involved as in this one. And because the issues are so deep, emotional and involved, I hope that the House will try, as I shall try, to discuss them as dispassionately and calmly as possible—indeed, in the tone set by my right hon. Friend the Member for Derby, South (Mr. Philip Noel-Baker). All of us agree that, as far as possible, we want on all occasions to divorce politics from sport and culture, but I want to give an example of the complexity of these issues politically. I thought that we should hear about the Red Army Choir's visit to this country. On 26th August, 1968, when we were all caught up in the agonies of the invasion of Czechoslovakia by Russia, the right hon. Gentleman the Member for Kinross and West Perthshire (Sir Alec Douglas-Home) said:On the following Friday evening, the right hon. Member for Enfield, West (Mr. Iain Macleod)—I am sorry that he is not here—went on the David Frost Show and discussed these great matters of the relationship between politics and sport, and in the presence of a well-known sportsman said that not only should the Red Army Choir not come, but that in his view it was quite intolerable that any sporting contacts should continue between the Soviet Union and Britain at that time. It is true that, since then, the right hon. Gentleman has written in the Sunday Express explaining why he is going to Twickenham to watch the South Africans play rugby. He is entitled to hold different views for different occasions. I merely make the point to show how difficult, deep and involved it is for someone who, like myself, has responsibility in both these activities."I think that there was a large consensus in the House that this would be a mistake, or, at any rate for the Government to take the lead, although I would make one exception immediately, the one made by my right hon. Friend, namely, that it would be totally intolerable if the Red Army Choir were to come to this country at present."-[OFFICIAL REPORT. 26th August, 1968; Vol. 769, c. 1404.]
rose—
I do not want to give way now.
The hon. Gentleman is not clever enough to give way.
I am quite happy to be told by the hon. and gallant Member for Knutsford (Sir W. Bromley-Davenport) that I am not clever enough to give way. I will leave it to the judgment of the House. Since the opening passage of my speech was not even in my notes, I do not want to give way at this stage.
I want to pay tribute to my right hon. Friend the Member for Derby, South, because he is one of the few hon. Members of the House who is uniquely positioned to raise this matter and to take a view. If it was his last speech in this House—one newspaper today told us that it would be—no doubt he will think that he could not have made it on a greater issue of principle. I turn now to the contribution of cricket. It is right to remind the House, particularly some hon. Members, that cricket has probably made a greater contribution to multi-racial sport than almost any other. That factor should not be lost sight of. But it is essentially a British Commonwealth game and because the British Commonwealth is multiracial it must follow that international cricket must be multi-racial or die. Whilst it is for the Cricket Council to consider the implications for the future of multi-racial cricket involved in this invitation and these events, I cannot think—indeed, I find it inconceivable—that Commonwealth countries which say that they will not be coming to the Commonwealth Games to run, swim, box, or fence against us can find it possible later on to come and play cricket. I hope that that will not be the case, but, nevertheless, it is a matter of tremendous importance for the game of cricket itself and for the Cricket Council to consider. I want to say something about the relationship between Government and sport, which I have found during the last six years to be very delicate indeed. Ministers charged with responsibility for sport—and I know that the Shadow Minister of Sport faces the same difficulties sometimes—are concerned at drawing the line and maintaining the principle that we all wish to maintain, that Government participation ought to he entirely for the encouragement and development of sport. That principle has been the basis on which I have tried to operate. It is to me a matter of absolute principle that the Government ought not to interfere in matters which should be the responsibility of sport itself, and much of the thinking of the Government and the attitude of the Government derive from that principle of trying to maintain the integrity of the governing bodies of sport in running their own affairs. This principle of such importance was breached in the case of Basil d'Oliveira, and much of what has flowed since comes from the breaching of this principle on that occasion. I regret to say, both as a Minister and as a sportsman, that it has been subsequently breached by the South African Government in the cases of Ashe, the tennis player, a jockey and a golfer. There has been a consistent breaching of what is to me a hallowed principle. I do not therefore think that the right hon. Gentleman can say as he did that this tour as a fixture was established some years ago and that Sharpeville makes no difference. This tour might have taken place ten years ago, or even five years ago, without the great commotion that it is likely to cause now when we are living in the wake of the events which I have outlined to the House. Whatever view we take we must face the reality of the situation that this question gives the widest possible offence to most Commonwealth countries. The proposed tour raises deep feelings, and four questions of great public importance have to be considered by the Government and by the Cricket Council. First, the effect of the proposed tour upon racial harmony; secondly, questions of law and order, which the right hon. Gentleman properly raised; thirdly, the implications for the Commonwealth Games; fourthly, the long-term interests of sport. I am not qualified to speak on racial harmony. One can only take note of the people with specific responsibility in this matter, who have made their views known to the Cricket Council, and hope that the council will take account of what they say. The Community Relations Commission wrote in February of this year to my right hon. Friend the Home Secretary in these terms:The Commission was wrong there. It should be the Cricket Council."We recognise that this is a matter which lies within the jurisdiction of the M.C.C.…"
One does not have to accept that advice, but before turning it down one has to consider it very carefully. Secondly, the British Council of Churches, in its statement of 21st April, 1970, and in its resolution, took the view that the council should make further representations to the Cricket Council that the tour should be cancelled. Those two bodies who preeminently deal with and have responsibility for community relations have unequivocally placed their views on record."…and over which you as Secretary of State have no control. Nevertheless, I should like to put on record our conviction that if this visit takes place the result can only be one which will do untold damage to community relations in this country."
The Minister has based much of his argument on the d'Oliveira case, which is the most sensitive case and the one in which we all feel most interest. Is not it significant that Basil d'Oliveira, that great gentleman sportsman, has said that he would like to see the South Africans come here so that we can show them on the pitch and in the pavilion what it is like to play against a mixed team?
All of us who know Mr. Basil d'Oliveira and of his anguish during this time have nothing but the highest admiration for the way in which he has conducted himself, but I do not place the significance that the right hon. Gentleman places on his statement. Basil d'Oliveira has tried to keep out of the political and moral obligations of the situation, and it is in keeping with his view that he says, "I want to play against anybody at any time", which is exactly the view of the Cricket Council. I am expressing views, on an analysis of the situation, on wider issues which Mr. d'Oliveira could not properly take into account.
My right hon. Friend the Home Secretary is sitting here and we shall hear whether the question of law and order arises. I hope that it will not play an important part in the debate, but in case it does I say clearly that the Government, and particularly my right hon. Friend, will strenuously seek to protect the right of people to play lawful games if they wish to do so and the right to express peaceful dissent. Those two rights will be protected as strenuously as possible. I agree with what my right hon. Friend has said on the third issue of the Commonwealth Games. Anyone who has had the privilege of seeing the Commonwealth Games, as I have, realises that this is the one occasion above all others, when the Commonwealth is meaningful and comes to life. The spirit of co-operation and of true sporting friendship and fellowship is far different from that found in the Olympic Games. There is still a competitive spirit, but the co-operation between the member nations of the Commonwealth in assisting each other in coaching, technique, and so on, can only be understood by those who have experienced it. There is no doubt that the unique contribution made by the Commonwealth Games to the British Commonwealth will be seriously undermined if most of the Asian, African and Caribbean countries withdraw. The Government have done an appreciation, and out of the 18 countries involved in Asia, Africa and the Caribbean we believe that 12 countries have already indicated their intention to withdraw, or will most certainly do so, that three countries will participate and that three are uncertain. If this should happen the Commonwealth Games will completely change its character, and its contribution to the Commonwealth will be undermined. In terms of numbers, 600 athletes or sportsmen, one-third of the total contingent, would not be in Edinburgh. This being so, small wonder that the two Scottish bodies concerned, the Scottish Commonwealth Games Council and the Scottish Sports Council, have take- a serious view of the situation. The Scottish Commonwealth Games Council has written to the British Commonwealth Games Federation, the overall parent body, and sent copies of the letter to the Cricket Council and the Sports Council. The council bases its approach on consideration of hard facts to which we should all have regard. It says that the facilities to be used in the games represent a capital investment in excess of £A million, and the organising committee has incurred tremendous liabilities running into more than £½ million. Tickets have been sold and reservations have been made on the basis that the public will be seeing the genuine Commonwealth Games. The council says that work has proceeded for 31 years and that planning of the games under the chairmanship of Sir Herbert Brechin has been proceeding for 14 years. It concludes by saying that the success of the games in Scotland and the future of multi-racial sport in the Commonwealth should not be at risk on account of a situation over which it has no direct control. It would be thought very difficult to dissent from that sober view, not of politicians but of sportsmen who have given many years to organising the Commonwealth Games in Scotland. The Scottish Sports Council, which represents all the local authorities and sports bodies in Scotland, has taken a similar view, and unanimously endorsed the contents of the letter I have just read out. The fourth question is the issue for sport, which we must consider as best we can. I have always thought it interesting that where we have a sport with a genuine governing body it is impossible for South Africa to be a participating member. The Olympic movement, the Federation of International Football Associations, and now the Lawn Tennis Association, all find it quite impossible to have a member country which says that half the countries in membership of that body cannot visit it, or can do so only on terms which are quite unacceptable to the rest. In these great issues we are dealing with a peculiarly British sport, in which there is no international governing body in the sense that we know it in the Olympic movement or anywhere else. That is a thought we should all consider. Whose job is it if there are repercussions for sport as a whole outside an individual sport? There is only one body in the country—and for good or ill I happen to be the chairman—with such a wide responsibility, and that is the Sports Council for Great Britain. It has received copies of the two resolutions from the Scottish Commonwealth Games Council and the Scottish Sports Council and thought it right in the circumstances to hold an emergency meeting, which was held this morning. First, it tried to face up to the question of the responsibilities of a governing body of sport in wider social matters. This is not a philosophical question to which most sportsmen would very often address themselves. The council reached the conclusion, which might be of interest to the House and it will certainly be of greater interest to sports bodies, that the responsibilities of a governing body of sport were, first, to its own sport, and, second, to sport in general. Third, it said that a governing body should take account of the influence which its actions might have on the community as a whole. The council went on to consider the specific question of the South African tour. I think that the best thing I can do is to read out the full text of the resolution on which it reached overwhelming agreement. I could say that it reached unanimous agreement, but I think that it would be wrong to do so since there were one or two members not present who I do not think would have supported the resolution. I am not criticising them for not being there, because the meeting was called at short notice. The resolution said:"The Sports Council strongly urges the Cricket Council to withdraw the invitation to the South African Cricket Association for the 1970 tour. It does so because it believes the consequences of the tour taking place will have harmful repercussions on sport, especially multi-racial sport, extending far beyond cricket itself.
The Sports Council maintains that governing bodies of sport must have autonomy and authority in the control of their own affairs, and therefore recommends that the Government should not intervene directly in this matter.
The Sports Council has reached these conclusions in the exercise of its responsibility for all aspects of sport, after taking fully into account the past development of the South African issue and its likely future implications for sport as a whole.
Copies of that resolution have been received by the Government and have been dispatched to the Cricket Council. I believe that the Sports Council has the position exactly right. It would be a serious error for the Government to go beyond the possibilities of persuasion and to interfere directly. I certainly agree that the autonomy of sports bodies means, too, an acceptance of full responsibility by those bodies. I recognise the difficulty for any governing body of sport in having regard to the wider interests of other sports for which it is not specifically responsible. Therefore, because the Sports Council has faced up to that position, I hope that the Cricket Council will find it possible to accept the advice that the Sports Council has felt compelled to offer in respect of all the circumstances of the tour.With regard to the partiuclar question of the Commonwealth Games in Edinburgh, the Sports Council believes that the longer-term interests of multi-racial sport in the Commonwealth transcend all other aspects of the issue. In support of the British Commonwealth Games Council for Scotland and the Sports Council for Scotland, the Sports Council urges all countries who have already accepted invitations to the Games to send teams to participate."
4.56 p.m.
The issue raises problems of the greatest importance, and I think that the debate has recognised that in the sincerity with which deffering points of view have been put forward.
I shall try to put my own point of view on what seem to me to be the big issues confronting us. The first thing to do must be to state quite clearly once again, although it should be unnecessary, that the House has always shown its total opposition to the principle of apartheid. Perhaps I may be personal for a moment. The post which gave me most pleasure and pride in the Government—and I think that the Home Secretary will agree as he held it as well in opposition—was that of Colonial Secretary. The right hon. Gentleman and I both in our time did something to advance the cause of multiracial arrangements and independence in our colonial territories. Just a few weeks ago I visited South Africa. There were two impressions that I brought back most clearly. In the airport building in Johannesburg the first thing I saw was a post office for whites and a post office for non-whites. That is unbelievable. Then someone very dear to me said, "I have a small daughter who is being looked after by a very nice African woman. How can I explain to her when she grows up that the person closer to her than anyone except her mother cannot travel on the same bus or go to the same restaurant?" We all know these things, and I think that we all agree on the matter. I believe that the Afrikaaners are sincere in their views on apartheid. One of the problems is that they are so sincere. But that does not stop us believing completely that they are totally wrong. May we start from that proposition to consider the particular question of the cricket tour and whether it is right to play now with a South African team? This must surely be argued not on the merits of apartheid, on which we agree, but on the merits of the tour, on which clearly there is some division within the House. There appear to be several arguments against the tour taking place. The first, I think, is that if it goes ahead we shall appear to be condoning apartheid. The second argument—and I think that the right hon. Gentleman put this case very fairly—is that it is wrong to accept a team in a sporting event picked on a basis other than sheer sporting merit. I am not sure that these arguments can be reconciled with the facts of the world in which we live. How can it be condoning apartheid to play cricket but not condoning apartheid to work to increase trade between our two countries? It is common ground on both sides of the House that we wish to see more trade with South Africa. Why is it right to go into business and to make money with a man with whom it is wrong to play cricket? I find this difficult to understand. Trade and industry in South Africa is just as much based on apartheid as is cricket. There is a great inconsistency here. It could almost be regarded as a certain measure of hypocrisy on the part possibly of all of us. We sometimes tend to blame certain things on certain people when it is convenient to us and to ignore them when it is not convenient. Why is it wrong to condone apartheid in the matter of cricket but not in terms of trade? I find this an unanswerable proposition. Secondly, it is argued that we should not play sport with people who pick their teams on grounds other than merit. On that matter I thought the Minister was a little faulty in his logic. He said it is right to leave sporting bodies to make their own decisions, and I am sure he is correct. He then went on to say that the South African Government had broken this rule. Again he is right. But that is no argument that we should do the same thing.What about d'Oliveira?
I will come to d'Oliveira in a moment. Is it possible to pursue the principle that we should only play games with people when we know that the team has been picked solely on the grounds of merit? We must be realistic. How many non-members of the Communist Party would appear in a team sent here by a Communist country? What happened to the famous Zatopek? In welcoming sportsmen from Russia we in no way condone the Russian occupation of Czechoslovakia. It is surely the same thing.
I know that racialism is regarded, and for many good reasons, as being the most abhorrent of the many forms of tyranny in the world. But all tyranny is tyranny. If we do not play games with people from a country whose choice of team is based on grounds of racial discrimination, why play them with people whose team is chosen on a basis of political discrimination?rose—
I will not give way. Many Members want to speak and I want to give them time.
I would argue the opposite of this proposition. I would argue that it is a positive gain to encourage people to come here and play games with us so that they are able to see the freedom and tolerance in this country. Let them learn from our system, a system that is based on merit. Let them play with teams here who are always chosen on the basis of merit and not on grounds of race, creed, religion or politics.rose—
No, I will not give way. I am trying to be as brief as I can.
What about Lancashire Cricket Club?
What would we achieve for the non-white people of South Africa if we were to ban this tour? Just as it would be no help at all to the people of Czechoslovakia to ban the entry of Russian athletes to this country, so it will in no way help the non-white people of South Africa if we were to ban this tour.
Let me give two examples. I will call in evidence two people on this point. The first is Mr. Basil d'Oliveira, to whom I referred earlier. I thought the Minister of State slightly under-estimated the importance of Mr. d'Oliveira's view that it is right for this tour to go ahead. Secondly, I will quote Mrs. Suzman—She is wrong, too.
Mrs. Suzman is a woman for whom I have a very high regard. It is only three weeks ago that I saw her in South Africa and was able—
She is a minority.
Yes, she is a minority. She is a woman on her own fighting against the whole political power of South Africa. Surely the views of Mrs. Suzman, who has been a lone, brave voice in Africa against apartheid for several years, are those of somebody who knows far more about the realities of South Africa than hon. Members below the Gangway.
The right hon. Gentleman knows full well that against the view he has quoted are the views of many leading churchmen in South Africa. They have spoken to me and to my right hon. and hon. Friends. There are many people in public life who have told us when we have been there—
Has the hon. Gentleman been there?
Yes, I have been there. They have told us that the only real policy to adopt is that of not continuing relations with racially-selected teams. There are many black representatives who also take this view.
That may be so. I was quoting the view of one lady whom I believe is unique in her own experience and the situation there. She is better qualified than anyone else to speak about the position in South Africa.
How many black voters are there?
I am trying to develop a serious and sincere argument. There is a threat by Commonwealth countries to boycott the Commonwealth Games. Secondly, there is the claim that the burden on the police will be excessive and that there is a threat of domestic conflict. These are the two basic arguments.
We must beware of what is being argued on these points. I believe our basic principle must be that any man is entitled to do what is lawful and to expect that the state will protect him from unlawful interference. This must be the first duty of government. This was very well said in the leading article in The Times today. Once a man is denied the right to do what is lawful because other people at home or overseas may disagree with his views, it would be striking at the roots of freedom under the law. Once we admit the right of people to enforce their views by violent means with impunity—and there are many examples in the world today—democracy is at risk. I beg the House not to under-estimate in any way the real importance of this side of the argument.Are we not also debating the judgment of the Cricket Council in proceeding with the tour? Will the right hon. Gentleman address himself to that question, particularly in the light of the different judgment reached by the Sports Council?
It is not for this House to sit in judgment on the Cricket Council or on any other private body of people within the law. The duty of this House is to deal with Ministerial responsibility in these matters. This debate arises only in so far as there is Governmental responsibility.
I turn to the question of the Commonwealth Games. I accept that it would be a tragedy if these Games were undermined, bearing in mind all the effort which has gone into this event and its importance to Scotland. But that is not the only argument. What is the relevance to the Games of the admission of a South African cricket team to this country?
White South African.
White South African, yes. We were told that it would be a humiliation to other people to come here to take part in these Games in athletics when at the same time another team was doing something quite different elsewhere. I find that hard to understand. There is no South African team taking part in the Commonwealth Games and, by allowing a South African team to come here, we are not condoning the policy of apartheid any more than we are condoning it by continuing to trade with South Africa. We must not yield to pressure. If we do, where will it stop? It was rightly said by the Minister or the right hon. Gentleman that sport should be above politics, but how long will it be above politics if pressure—one could almost say "blackmail"—is effective to stop people doing something legal simply because other people disapproved?
Where might it go after South Africa? Some other countries in the Commonwealth pursue non-white immigration politics which might well be offensive to some of our Commonwealth friends. What is the position of America? Might it not be said to be wrong to admit American sportsmen or athletes so long as they had a discrimination against the African-origin population in the South? Where does this stop once we start down this road? It is of the utmost importance to make up our own minds and not be deflected, pressurised, bullied or blackmailed by any pressure from outside which we believe to be wrong. Finally, the fourth argument is the strain on the police and the effect of possible civil disturbance. To blame the strain on the police, as I think the right hon. Gentleman did, on the Cricket Council, is turning logic on its head. There will only be violence, there will only be need for police intervention, there will only be occasion for further police casualties such as we have seen in recent weeks and months, if the demonstrators start the violence; it will not be the cricketers who start it. It is an absolute nonsense to blame on the people who are doing something peaceable and lawful, something which might arise if other people take the law into their own hands. I was glad to hear from the Minister a clear undertaking on behalf of the Home Secretary that the Government would ensure that the peace was kept. It is the primary duty of the Government to ensure—I hope that they will not deviate from this in any way—that if the tour goes ahead, as I hope and believe that it will, and any demonstrations are caused of a non-peaceable character, the forces of law and order will deal with them. It is not so much properly described as a question of law and order. It is the fundamental principle of freedom under the law. Unless the law is observed there can be no freedom. Surely this House should be fundamentally concerned with this, which is the basic point of the whole argument. What, finally, is the rôle of the House of Comons in this matter? Surely, as I said earlier, this debate is taking place only on the basis of some Ministerial responsibility. Our job is either to urge the Government or to criticise the Government. The Government, therefore, must make their position rather clearer than they have up till now. Without any doubt, they have the power to stop the tour by denying as they are legally entitled to do, admission to this country to the people who are coming to play in it. If they want to stop it they should use this power and accept the responsibility. What is wrong is that the Government should try to evade this responsibility by vague expressions of hope or of preference. If they believe it to be in the national interest that the tour should be stopped, let them accept their responsibility as a Government. Let them use the powers which they have and let them explain their reasons—Do you recommend it?
No, I have made it absolutely clear that I do not. But the party opposite, who appear to believe that this tour should stop, should make it clear that they are asking their Government, in the name of themselves as Members of Parliament, to use their legal powers to stop it. If the Government do not intend to use their powers to stop the entry of these men to play cricket in this country, it is obviously their duty to see that the peace is kept and that citizens about their lawful, peaceable occupations, are in no way prevented by violence from doing what it is their right as citizens of this country to do.
I said at the beginning that these issues are deep and emotional ones. I recognise the arguments on both sides, but I appeal to the House to recognise that one thing which is fundamental to all this argument is that if the South African team arrives and is admitted to this country lawfully to be here amongst us they are entitled to play cricket here and the Government should see that they are able to do so.5.15 p.m.
It is a curious constitutional doctrine for the Deputy Leader of the Opposition to say that the House should be concerned this afternoon only with the limits of the Government's responsibility in this matter. I should have thought that it was the right, and indeed the duty, of a sovereign Parliament to debate things of this kind which are important to the community, which are important to our international relations, to race relations in Britain and to the many other aspects which have been mentioned. the Government's responsibility here is only one aspect—although an important one—of the matter under discussion.
I should like to congratulate my right hon. Friend the Member for Derby, South (Mr. Philip Noel-Baker) on his initiative in getting this debate. We all agree that, whether or not this is his last House of Commons speech, it was certainly a very distinguished House of Commons speech and it was particularly fitting that he of all hon. Members, with his great record in international affairs and in sport, should have introduced this debate. The two speeches from the benches opposite have been feeble in the extreme. They relied mostly—or at least they pretended to rely, for public relations purposes—on the law and order argument. The right hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) said—I hope that I took down his words correctly—that it would be a very serious and disturbing matter if lawful activities had to be abandoned because of the threat of force.indicated assent.
I would agree with that conclusion, as most of us would, if the premise were correct. Surely it is absolute nonsense to suggest that the main opposition which is being expressed towards this tour is coming simply from those who will break the law and commit violence at the time of the cricket matches.
Let us take the demonstrations themselves. We know from our experience as constituency members—I certainly know it from my brief experience on the committee of the Fair Cricket Campaign—that many thousands of people intend to demonstrate against these matches who would never dream of breaking the law or committing violent acts. Indeed, many thousands of people will demonstrate who have never demonstrated in their lives before. My own post on this subject, and that of other hon. Members, shows that this is so. I hope that no hon. Member would suggest that there should be any doubts cast upon the rights of people to protest and demonstrate peacefully simply because there might, on the fringe of that demonstration, be an element of violence. Peaceful demonstrations and protests have a long and honourable tradition in this country and many of our basic liberties spring from the fact that people did protest in many ways in the past, sometimes in ways which involved great sacrifice to themselves. So let us recognise here primarily the right to peaceful demonstration, and let us recognise that it will happen on a massive scale if the tour still goes ahead. But, on top of that, let us recognise that for the thousands of people who demonstrate there will be millions of people who object to the tour taking place. I believe that, when the original invitation went out, when the original decision was made by the M.C.C. and the Cricket Council, the people who made the decision had no idea then—I do not mean this as a criticism of them; I say it because I believe it to be a fact, from what I have learned of the situation—of the extent of the opposition which would be raised in this country, opposition which has now been expressed by the Government, by the Churches, by the Trade Union Congress, by the Community Relations Commission, by hundreds of organisations of all kinds, and by many thousands of individuals who have written to them to ask them to think again. I should like to underline an appeal which I know is going in writing from the Right Rev. David Sheppard to each individual member of the Cricket Council that they should have an early meeting to review this situation. As I understand it, they have no plans to meet between now and the date when the South Africans are due to arrive, and they should meet. This is something in which every individual member of the council has a great responsibility, and it should not be left to a small sub-committee. There should now be no doubt about the extent of the opposition to the tour, an opposition which has been reinforced this morning by the decision of the Sports Council that they really ought to have an early emergency meeting to discuss the matter. I believe that they should discuss it in the framework of the three concentric circles of responsibility defined this morning by the Sports Council: first, its effect on their own sport; secondly, its effect on sport in general; and, thirdly, its effect on the community as a whole. In all three contexts the arguments point the same way. I do not want to go over arguments that have already been made, because I wish to be brief. If they were to confine themselves to the arguments about cricket alone, there are overwhelming reasons for abandoning the tour. In their own pamphlet defending the tour they speak of the long tradition of cricket as a multi-racial sport, and say:If the proposed tour goes ahead there is a very real danger that this kind of contact will be eliminated. There is a real danger that international cricket will deteriorate into a game in which only white teams can play each other and only black teams can play each other. That would be a great tragedy for cricket. I should like to come to the argument which has best been expressed by Mrs. Helen Suzman. We all respect the stand that she has taken on many issues in South Africa and we listen to what she says with great respect. We do not want to isolate the South Africans, but they have isolated themselves. They have brought their repugnant politics into sport in a way which the rest of the world cannot ignore. Whether it is in the Olympic Games, the Davis Cup or whatever context it may be, other countries have had to choose. The British cricket authorities have now to choose whether they will follow the South Africans into their self-imposed isolation or line up with the rest of the world. The most serious argument is the potential danger to race relations in this country. We are now a multi-racial society. I speak as a Member of Parliament for a multi-racial constituency. For several years I have watched the barometer of racial feeling going up and down in my constituency. I believe that on the whole we are making progress in the right direction. People of different racial origins are now learning to live together and to respect each other. In education we have the fastest progress. When I pass the playgrounds of primary and secondary schools in my constituency I see little black cockneys integrated in the community playing with their little white friends. At work we are also making progress. In the bus garages, railway stations, hospitals and factories people of different colours are working together, and there is greater mutual friendship and respect than there was a few years ago. In our social life progress is slower, but there is progress. But from time to time events like this which get sensational publicity tend to bring out the latent bigotry of people who still have bigoted views on the subject. This is why the speeches of the right hon. Member for Wolverhampton, South-West (Mr. Powell) have been so damaging. If the tour takes place, events surrounding it will stir up the kind of bigotry and prejudice which otherwise is slowly becoming less of a force in our community. It is particularly disturbing that there should be the prospect of a Test Match at the Oval which is in the centre of an area with a large immigrant population. One of the moments of truth in the whole argument was on "Panorama" a few weeks ago when representatives of the M.C.C. admitted that they had issued the invitation, and persisted with it, without taking any advice from people experienced in community relations. They have had that advice since. In particular, the right hon. Member for Birmingham, Handsworth (Sir E. Boyle) yesterday introduced to leading members of the Cricket Council a distinguished group of people in community relations, and they had no uncertain advice from them. If they originally made an error on the basis of insufficient information, if it did not occur to them then to make those inquiries, to persist with the error now would be unforgiveable. It should not be necessary for the Government to impose the cancellation of the tour. I suggest that, reinforced by the arguments that have been employed today, a clear message should go out from the majority of this House to the Cricket Council that it still has time to think again. We urge it to think again before it is too late."The Council feels that there is no need to emphasise the contribution made to the development of the game throughout the world with no thought of distinction between class, creed or colour. For many years teams from this country have visited West Indies, India, Pakistan and Ceylon and, more recently, the developing countries in Africa, such as Kenya, Uganda and Tanzania ".
5.25 p.m.
We are debating this afternoon, not the policy of another country with which by and large we disagree, but a suggested specific action, exceptional in its character, and seeking to assess the consequences of it. After all, if we were to trade and maintain relations only with those countries whose policies we approve we should be living in a very shrunken community. Britain would be in danger of being a rather virtuous, but embarrassed and solitary wall-flower in the ballrooms of the world.
How many members of the United Nations, of the nations participating in the Olympic Games and the nations participating in the World Cup, practise in their political lives things of which we would wholly approve? There are countries all over the world practising varying degrees of totalitarianism whose systems are poles apart from ours. But we do not, either in our political or cultural and sporting life, play the Pharisee and draw the hem of our garment from them. Our practice is to maintain relations while refusing to endorse or approve their systems, and to hope that in so doing, slowly but steadily, we can propagate the ideas of liberty and the rule of law by which we are guided and sustained. If it were otherwise, if absolute dissociation were the inevitable concomitant of disapproval, I echo the question: what is the Red Army Choir doing here? If it were right, as has been suggested, that visiting sportsmen and entertainers bear with them the imprint of their national policies, then that choir is here with the blood of Czechoslovakia still on its boots. But that choir is here and right hon. and hon. Gentlemen opposite do not question it, because that is the practice that we have followed. I do not believe that the selective application of this proposition of dissociation is made out by the application of purported Christian principle in this case. The arguments of bishops have been prayed in aid by hon. Gentlemen opposite. I should like to quote part of a letter written by the Bishop of Peterborough which appeared in The Times on 1st May. There is not time to quote it in full, but I hope that hon. Members will read it in full. The Bishop said:I find that a truer interpretation of Christian principle than some of the utterances of perhaps more publicised prelates."We have a right to reject policies but not people…British policy, therefore, towards South Africa…should encourage every sort of personal contact in trade, cultural exchange, sport, science and education…We all need our minds and hearts changing in some way or other…The constant and militant assertion of righteous indignation is merely an indulgence which will certainly not bring about any Christian solution."
rose—
No. I always give way in a full day's debate, but I think it better not to in a short debate, if the hon. Lady would have the goodness to excuse me.
The principle and practice of apartheid has very few adherents in this country, and I am certainly not one of them. but that is not the issue that we are debating here. I believe, as my right hon. Friend has said, that the central issue here is nearer home, and it is this: are we to maintain in this country the rule of law and the rights of citizens, or are we to accept a position where resolute and aggressive minorities can impose their will and prevent the pursuit of lawful activities by their fellow citizens? My right hon. Friend quoted The Times leader of today. May I recall to the House The Times leader of 2nd May, which said that what is at stake isThe Times is right. Cancellation now, whatever may be said, would be hailed as a victory for minority threats and intimidation, and a proof of the power of what The Times calls mob rule. The example, once shown to be successful, would be followed on increasing scale and with intensifying vigour. We should have paid the danegeld and we should never get rid of the Dane. Ministers must take their share of blame for bringing about this situation. Ministers have repeatedly stressed what they call the right to peaceful demonstration, without reference to the limitations on that right which necessarily apply in a free and orderly society. These limitations are recognised both by international convention and in English law. Among the restrictions specified in the European Convention on Human Rights and Fundamental Freedoms are restrictions required for the prevention of disorder or crime, or for the protection of the rights and freedom of others. Similarly, in English law limitations arise because of the rights of others and the remedies which others have in trespass, nuisance, and so on. Limitations arise from the law governing obstruction and from the law relating to riots and unlawful assembly, together with many statutory restrictions. All these restrictions derive from the same basic and proper principle, that the law seeks to give freedom for all, not licence to some to encroach upon and deny the rights of others. Ministers have stressed the rights of demonstrators, and tended to ignore the rights of others."the proposition that one section of people may, in what seems a good cause, forcibly impose their view on another section of people by unlawful means. That is to substitute mob rule for the rule of law."
The right hon. and learned Gentleman ought not to give such a blanket impression. I have appeared on television on three occasions, and there and elsewhere I have stressed the importance of the two principles we uphold: first, the right to play games if people wish to; second, the right to peaceful dissent. I have always stressed both, and never ignored one.
I am glad to hear that.
My right hon. Friend the Prime Minister has said the same thing on several occasions.
I am glad to hear that. I did not see the hon. Gentleman's television performances.
My hon. Friend said it today.
I am referring to the record to date. It was not the hon. Gentleman that I had primarily in mind, and I say to the House that the interpretation which has gone forward has stressed the one, rather than the other, and, rightly or wrongly, has been widely interpreted as an invitation and a licence to demonstrate.
Which Ministers have taken that line of action?
The Prime Minister for one.
Perhaps I might refer to what my right hon. Friend said at col. 1049 on 28th April. He made a point about peaceful demonstrations, and he quoted his words on an earlier occasion, which he does sometimes. He reminded the House that on 16th April he had said:
"all of us can demonstrate our detestation of apartheid in peaceful ways in a peaceful country. There is no justification whatever for breaking the law….".—[OFFICIAL REPORT, 16th April, 1970; Vol. 799, c. 1568.1
Withdraw.
Perhaps I might remind the House of what the Prime Minister said in his television broadcast. He said that the South Africans had put themselves beyond the pale. He also said that they had made an ill-judged decision. If those two points are taken in conjunction with his views expressed on television, does not that represent a measure of incitement?
The point I am making is that in these utterances there has been no clear expression of the limitations which the law places on what has been said to be an unqualified right of peaceful demonstration. Furthermore, the hon. Gentleman must know, as we all do, that these demonstrations will not be peaceable in the event. There are too many elements resolved that they should not be, because behind the respectable element—the politicians, the pamphleteers the prelates, and so on—is the ugly reality of the anti-social element, the thugs, the hooligans, the anarchists and the criminals who injured 68 policemen in Grosvenor Square and are probably waiting to do the same again.
If police or citizens are damaged in these demonstrations or riots to come, if property is damaged, or lives forfeited, the Government will bear their share of responsibility. It is the duty of Government to maintain public order and to see that lawful activities can be lawfully pursued. If the Government feel that they cannot do that; if they feel that the Frankenstein which has been created cannot be controlled they should take the responsibility, as my right hon. Friend has said, of cancelling the tour and justifying their actions to the nation if they can. But they should not take that action unless and until they have exercised the powers which the law gives them, in particular the powers under the Public Order Act, 1936. I have today by Parliamentary Question asked the Home Secretary to make an Order prohibiting for three months the holding of processions designed to disrupt or prevent the lawful activities of citizens or to molest or intimidate those participating in them or the general public. If the Government wish to maintain the rule of order and of law, and to prevent injury to police and citizens alike, that is their duty. Finally, may I say a few words in the context of the Commonwealth Games. I have sympathy for and understanding with the point of view of many of these countries which are making this request. Indeed, I have pleasant relations—political, professional and social—with people in many of these countries. Nevertheless, though we would instinctively like to comply with a request coming from such a source, I do not believe that this is a request with which we can properly comply. In asking us to sacrifice the rule of law and the rights of citizens to pursue lawful activities, they are asking what we cannot give. We of this generation cannot yield those principles which lie at the very heart of the Commonwealth today, because they are not ours to yield. They are principles that we have inherited from the labours and fortitude of our forefathers and which we in turn hold on trust to pass on unimpaired. The rule of law is at the heart of this matter, and it is one which we in this House should be resolved to uphold.5.50 p.m.
My constituency lies next to the Oval. It consists of many thousands of coloured British citizens. I do not think that any of them would be impressed by the purely legalistic arguments which have just been adduced by the right hon. and learned Member for Hertfordshire, East (Sir D. Walker-Smith). He thought that he was addressing the Court of Appeal. If he had been, he would have lost his case. The carefully typed brief which he has just read to us will carry no weight with the people who are vitally interested in the problems that we are discussing.
I would like to have heard from any hon. Member opposite some kind of appeal to the Cricket Council to reconsider its decision. We have not yet had a word from the benches opposite suggesting that, in all the circumstances, it might be a good idea for the Cricket Council to reconsider its decision.Will the hon. Gentleman give way?
No. I refuse to give way.
The right hon. and learned Gentleman implied that if this cricket tour did not take place that would be a concession to mob rule. I reject that allegation utterly. I refuse to allow the opinions of so many thousands of my constituents to be regarded as mob rule. My constituents are not mobsters, hooligans, gangsters or thugs. But they object to the South African cricket team playing at the Oval. It may be that the rule of law can be maintained if the Commissioner of Police for the Metropolis brings in 6,000 or 7,000 police. But, for the sake of a cricket match, is it worth while employing all this force to enable a function to take place which is loathed by many thousands of law-abiding citizens? I am not concerned with the philosophical disquisitions which have come from right hon. and hon. Gentlemen opposite. All I want to emphasise is that ordinary, decent, law-abiding people object to this tour. I voiced my fears on the subject in a Motion which I put down on the Order Paper three months ago. No one took any notice of it at the time. The matter has now developed. All kinds of overtones and undertones have been introduced into the argument. People feel that they cannot recede from whatever position they have adopted without loss of face. Right hon. and hon. Gentlemen opposite seem to regard it as a matter of little consequence that 12 out of 18 Commonwealth countries will not take part in the next Commonwealth Games. I regard that as quite serious. No one can tell me that we can intimidate them into taking part in the games. No one can argue that, because they refuse to take part in the games and the games will probably disappear from the face of the earth, this is a concession to the forces of misrule, disorder and lawlessness. The whole argument falls to the ground. Right hon. and hon. Gentlemen opposite and their friends, who have been spouting for generations past about the virtues of the Commonwealth and the British Empire, now say, "What the hell?" when 12 out of 18 Commonwealth countries refuse to have anything to do with the Commonwealth Games. They prate about law and order and give us these philosophical disquisitions which mean nothing to those countries for whom they have professed such a pathetic and touching regard. All the arguments of right hon. and hon. Gentlemen opposite are hypocritical. I would respect their sincerity more if they addressed some kind of appeal to the Cricket Council. That is the acid test of whether they are sincere in their arguments. Instead, they are playing a dirty party political game. What they are trying to do is to get the Government to impose a ban on the entry of the South Africa team. They would love that, because they would be able to make political capital out of it. The right hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) said that we had to choose between two evils. He said that it would be evil to cancel the tour and that it would be evil to give way to the forces of mob rule and violence by asking the Cricket Council to climb down. Very well. We have to choose between the lesser of two evils. We have to decide what will be the least embarrassing long-term consequences of this unfortunate episode. As a result of this debate, I hope that there will emerge from this House, as representing common sense, average public opinion, an appeal to the Cricket Council. We should not reproach the Council. We should point out that it is not too late, but that, taking into account developments since the invitation was issued, this House is of the opinion that the Cricket Council should reconsider its decision.5.47 p.m
Some weeks ago, I agreed to become a vice-chairman of the Fair Cricket Campaign. I did so because, as someone who utterly deplores and opposes violence and disorder, I had come reluctantly to the view that the South African cricket tour was likely to be bad for community relations in this country, bad for the future of cricket, bad for the future of sport generally, bad for the Commonwealth, and bad for law and order in Britain.
I came to that view reluctantly, for two reasons. The first, let me assure my right hon. Friend the Member for Kingston-upon-Thames (Mr. Boyd-Carpenter), is that I take seriously what he said today about the threat of unlawful force. The second, if the House will forgive my mentioning it, is that I happen to be a member of the M.C.C. and a cricket lover. I first watched a South African Test side at Lord's about 35 years ago. That was the occasion when Bruce Mitchell and Cameron, as batsmen, and Balaskas, as a bowler, caused England a very heavy defeat. I have watched with pleasure every single South African side that has toured England since then. I have always believed that the links of sport, and not least those of cricket, were among the most valuable links binding the Commonwealth together. I remember an occasion when Mr. Harold Macmillan, as Prime Minister, was going to the West Indies. At the time, I was a junior Minister at the Treasury. A mesage came to my private office asking if, then and there, I could draft a passage on West Indian cricket for inclusion in one of Mr. Macmillan's speeches. I can recall the enthusiasm with which I wrote of some of the achievements of the three Ws—Weekes, Walcott and Worrell. It is precisely those of us who value most the links which I have mentioned, who question most earnestly the wisdom of going ahead with the South African tour this summer. Many hon. Members believe that this summer will be unpleasant but that, somehow, we will get through and that international sport within the Commonwealth will then go on as before. I hope they are right, but I ask the House to seriously consider the possibility that it may not prove so simple as that. It would be tragic if one wrong decision now were to undo all the fine work which the M.C.C. has done over the years to promote integration in sport. This is an apt moment to pay tribute to the work of the M.C.C., whose members are justly proud of what they have achieved. I also take this opportunity to thank personally the members of the M.C.C. and the Cricket Council for all the courtesy that has been shown by them to me and to other visitors who have discussed this matter with them recently. Many of my hon. Friends feel that the initial decision to embark on this tour was probably wrong, but that it would be an equal or even bigger, mistake to call off the tour now. This is a sufficiently widely-held view for me to try to meet it; with this argument often goes, also, the view that if there is a danger to race relations, it comes from those who are threatening demonstrations rather than from the prospect of the tour itself. There is, of course, something in this argument. Those, whoever they are, who advocate disruption and violence—or what is sometimes called "direct action"—are certainly harming race relations in this country. As one who in the past has profoundly admired Bishop Huddleston, I personally regretted what I would describe as his quibble over the distinction between "violence" and "direct action" in an article which he wrote some days ago. I certainly would not wish to identify myself with what has been written or spoken on this subject. There are, indeed, some people in this country who do not want this tour to be stopped—they want it to go on as an excuse for disruption; and, even more, I would separate myself from them. But when one has said this, I still believe that the actual presence of a white South African team in Britain for a period of 12 matches, a team chosen in accordance with the rules of a country in which integrated sport is positively against the law, must itself prove harmful to good community relations. I ask the House to consider this point most seriously. We have to consider the total situation; the fact that there is a world race situation, with poverty and the tropical areas of the world so closely linked; the fact that the race situation in this country is still at a formative stage; and the fact that, on top of this, we may have the arrival of a white South African team chosen in accordance with the rules of a country where integrated sport is against the law. That combination can, in my view, only prove damaging to community relations in this country. My belief—and on this I agree with the Minister—is that a tour of this kind seemed to make sense in 1960. It just made sense in 1965 but not now. There is nothing extreme or disruptive about holding the view that what seemed just tolerable in 1960 or 1965 no longer makes sense in 1970. I am concerned about the danger of the polarisation of opinion in Britain this summer, with more and more hubbub coming from the extremists on both sides of the argument. We should remember that, at the very end of the tour, there will be the climax at the Oval, which is probably the most difficult area of the lot, from the point of view of community relations. I say this on the basis, mainly, of what has been said to me by teachers and members of political parties who know this area well. For instance, whatever differences of party may exist, nobody will question that Alderman Mrs. Lena Townsend, as a former Chairman of the Inner London Education Authority, is highly knowledgeable about the state of the schools in Inner London. The Fair Cricket Campaign has been, and still is, working for the cancellation of the tour. However, if we should fail, then we are equally committed to trying to minimise the effects that the tour will have. I emphasise that we have said clearly that we shall have no part whatever in encouraging violence in pursuit of the aims of the campaign. There are many who want to see the tour cancelled, but will not wish to take part in any form of organised protest if the tour goes on. However, there is, I believe, a wide body of opinion in this country, including many people who are not naturally marchers or demonstrators, who will wish, in the event of the tour taking place, to take part in one orderly act of protest this summer. It will be said—I believe that it has been said once today—that on these occasions the violent militants will always call the tune. I hope, given hard work and proper preparation, that this need not necessarily be so. I believe that one mark of a civilised community—the sort of community in which most of us in this House believe—is that, every now and then in our society, a larger section than usual should wish to express itself by means of peaceful protest, properly organised and, of course, in a suitable place. This debate may seem, in the present conjuncture of world affairs, a rather high-powered debate to hold about a cricket tour. But this debate is not only about cricket. The issues raised by the South African tour do arouse genuine emotions among many people who simply cannot be written off as extremists or fanatics. A number of hon. Members will not have agreed with some of my remarks, and I am grateful to the House for the very fair hearing that I have received. Of course, I recognise exactly what many of my hon. Friends feel when they point to the dangers of hypocrisy, and of judging by "double standards". No hon. Member enjoys the experience, in what is likely to be his last speech in this House, of expressing disagreement with many of those who have been his close personal friends for a considerable number of years. Nevertheless, I must say, looking back on the past fortnight, that I do not regret having joined the Fair Cricket Campaign. And my last words in this debate—perhaps the last words I shall ever deliver in this House—are that I still believe that the wise and right decision would be, even now, not to go ahead with this tour.5.58 p.m.
The whole House very greatly respects the right hon. Member for Birmingham, Handsworth (Sir E. Boyle). It is a great tragedy and a sad commentary on British politics today that he has perhaps made his final speech in the House and is being driven from politics—
No.
The right hon. Gentleman is being driven from politics largely because of the race problem in his constituency.
I hope that the hon. Gentleman will think it right to withdraw those words, which are quite untrue. I beg him to believe that there is absolutely no question of my being driven from my constituency. There is no truth whatever in that.
If what I have said is untrue, then, of course, I withdraw it. However, that is the impression that some of us have. [HON. MEMBERS: "Leave it there."] Some of us on this side of the House have the impression that there is an intolerant minority in his part of the country who are making his life in politics very hard to stand. The right hon. Gentleman's attitude to this problem has been wholly admirable and many people in all political parties in Britain will wish to pay tribute to him.
Most of the relevant arguments have already been put in this debate. I wish to put some which have not received a great deal of emphasis. One is the attempt by some hon. and right hon. Members opposite to pin on to Ministers of the Crown responsibility for what might happen as a consequence of this tour's going on. The right hon. Member for Enfield, West (Mr. kin Macleod) and the right hon. and learned Member for St. Marylebone (Mr. Hogg) have both sought to convey to the people that the Prime Minister has, by implication if not by direct speech, condoned, or sought to condone, disorder and violence which might result this summer. I shall quote from The Scotsman of 27th April, from an editorial which sums up the situation very fairly. This is not a newspaper normally sympathetic to this side of the House. This is what the editorial said:The right hon. Member for Barnet (Mr. Maudling) began his speech by saying that all hon. Members deplored apartheid. He was not in a position to see the faces of some of his hon. Friends behind him when he made that remark. I am not quite sure that it is true. When we look at the record of some hon. and right hon. Members opposite on the Rhodesian question and on this tour we begin to doubt just how many hon. Members opposite actually deplore apartheid and are carrying their deploring to its logical conclusion. The right hon. Member for Barnet talked about bridge building. We have heard a lot about that aspect of the matter, but we have been trying to build bridges between ourselves and South Africa over the years. We have been playing cricket against teams from South Africa, selected on a racial basis, for years, in the hope—the vain hope, as it has transpired—that South Africa would see the error of her ways, but far from that happening South Africa has gone to further extremes. We now have a régime in South Africa which is far worse than it was in 1948 although we have been trying to build bridges in sport and in other ways since that time. The time has come to try other methods. The only method we can use in sport is that of refusing to play against teams selected on a basis of racial discrimination. It is wrong to assume that sport can be divorced from politics. It never has been. It is not divorced from politics in the Soviet Union, nor in South Africa, nor in this country. One can go to some Conservative golf clubs and find that politics or racial discrimination is not divorced from that sport. Let us not be mealy-mouthed about this. If this tour had been allowed to take place without any kind of objection being voiced in this country one can imagine what the South African Press would have made of that. It would have said that the British people were commending their policies. I do not think that we can afford to do that. The Observer was right when it said:"Mr. Hogg and Mr. Macleod have accused the Prime Minister of encouraging disorder. He has done nothing of the sort. His advice is more honest than the attitude of some Conservatives. Their position is to mouth disapproval and to pass by on the other side. But if apartheid is the evil thing they avow it to be, it should not be ignored."
The tour is also having very serious repercussions on the Commonwealth Games in Edinburgh. Some of my colleagues in the House have pointed out that India, Pakistan and other coloured members of the Commonwealth have said that they will boycott the games if the tour goes on and they have described that as a form of blackmail but those Commonwealth countries have watched discrimination for so long in so many parts of the world that they are taking a stand, and everyone in the world is being compelled to take a stand, on a moral issue. If they choose to boycott the Commonwealth Games that will be a very heavy price to pay for allowing a dozen games of cricket to take place behind barbed wire, with hundreds of policemen there to prevent trouble. That is a price no one ought to pay in this country. Not only would it jeopardise the Commonwealth Games, but the very future of the Commonwealth. I know that some people regard the Commonwealth as a bit of romantic nonsense, but it is the best multi-racial organisation in the world today. It would be foolish to say that it is more important to play these white cricketers from South Africa than to save the future of the Commonwealth. I do not believe that they are evil or stupid men. I believe they have not recognised the national and international consequences of the decision they have taken. I do not believe it was their responsibility to do that. They were not equipped to do it. That is why I agree with the right hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) that the Government themselves realise the political implications for race relations in this country, they realise the political implications for the Commonwealth and for the world, and if the Cricket Council is not prepared to take a decision to stop the tour the Government should do so. I do not believe that we should contract out of this moral responsibility. Let the party opposite make all the political capital it can out of that decision. I am quite prepared to defend that decision on the hustings during the election. The right hon. Member for Enfield, West said that there were probably no votes in recommending tackling child poverty, but, nevertheless, he would do it. He will not get the chance to do that, but it was a noble decision on his part. The Government ought to be ready to say that if the Cricket Council is not prepared to listen to responsible hon. Members on either side of the House, to the churches and trade unions, the Government have a tremenedous moral responsibility to give the lead. If they do not, it becomes all the more incumbent on them to make sure that demonstrators such as the right hon. Member for Hands-worth and my right hon. Friend and marchers and protesters in their thousands can protest peaceably. If the "hippies" and "skinheads", some of whom John Arlott said were prepared to come from Australia, use force against British demonstrators, our police should be used to prevent that kind of thing. Let nobody under-estimate the moral indignation that will make itself felt throughout the country if and when the tour takes place. I sincerely hope that it will not. I hope that the Government will have the guts to take action to stop it."Isn't it unthinkable for the men in white flannels at Lords to talk about the importance of building bridges between the races if the direct result of that action is to provoke disorder and exacerbate the precarious harmony between the races in England."
6.10 p.m.
I shall make only a short intervention. I want to relate it to the question of the Commonwealth Games.
I greatly welcome the opening part of the speech made by the right hon. Member for Barnet (Mr. Maudling), because the type of speech which I find increasingly difficult to listen to is that which begins, "I hate apartheid, but" and then casts the opposition to apartheid away in a throw-away line and goes on to spend a great deal of time saying that we should do nothing about it. Although I did not agree with the conclusions of the right hon. Member, I thought that he made perfectly clear—much clearer than many others do—where his detestation of apartheid lay. This debate is not about the general policies of the South African Government nor it it aimed at singling out the South African Government for special condemnation. Where the logic of the right hon. Member for Barnet and others goes wrong is that they do not make precise analogies. What would we say if the Russian Government, who we have reason to suspect are persecuting their Jewish minority, said to us, "From now on the public policy of the Soviet Government is to regard all Jews as second-class inferior citizens; and as part of that policy visiting symphony orchestras may not include any Jewish players"? If the Soviet Government said that that was their policy, would we receive the Leningrad Symphony Orchestra at the Festival Hall? We would not. There is not one hon. Member who would defend such an invitation. That is the precise analogy. That is what has happened in the case of the Government of South Africa. They said that they will not accept Basil d'Oliveira in South Africa. They have said that they will not accept Arthur Ashe. They have said that it is their public policy not to play sport on the terms on which most people and most countries accept that sport is played, but that selection for sporting tours is open to only one-fifth of the population, to a political and racial minority. Therefore, the South African Government have brought their particular form of politics into sport. In inviting the South African team to come to Britain, we are, whether we like it or not, acquiescing in that policy if we agree that the team should come. The right hon. and learned Member for Hertfordshire, East (Sir D. Walker-Smith) talks about freedom under the law. There is not much freedom under the law as regards the selection of the South African team. At the time of the invasion of Czechoslovakia, the whole House accepted tnat it would have been utterly wrong to allow the Red Army Choir to come here as a representative of the very organisation which was repressing Czechoslovakia at that time. There is a precedent for breaking the general rule, which I support, that sport and culture are useful bridges between countries of very different political and cultural views. I said in my constituency in January, the week before the visit of the Springbok rugby team to my constituency, that I believe we would increasingly have to choose between racial and multi-racial sport. My one regret about the discussion now as to the future of the Commonwealth Games is that this debate has taken place much too late and that the participants in the games, the organisers of the games, and the Cricket Council should have faced this question of the Commonwealth Games being held at the same time as the cricket tour. The public discussion should have taken place earlier in the year instead of now, when it is much more difficult to persuade the Cricket Council to cancel the tour. I admit that the Commonwealth Games organisers have been slow to recognise the dangers. A fortnight ago I was at the opening of the Commonwealth Games Stadium in Edinburgh. I spoke to Sir Herbert Brechin, Mr. Ross and Mr. Duncan. At that time they were very reluctant to make any representation to the Cricket Council on this question. I am delighted now at the strength of the representations, however belated they may be, that are coming forward and that the effect on the Commonwealth Games is being publicly recognised. The right hon. and learned Member for Hertfordshire, East referred to giving in to "resolute and aggressive minorities". Is the Sports Council of Great Britain a resolute and aggressive minority? Is the British Council of Churches a resolute and aggressive minority? Is the United Nations Association a resolute and aggressive minority? Are the leader writers of the Birmingham Post, The Scotsman and the Evening Standard—three newspapers I choose at random—resolute and aggressive minorities to whom we should not give in? We should seriously ask ourselves whether it is right that the tour should go on. I have been criticised in some newspapers, and by one Conservative Member of Parliament in the City of Edinburgh, for the part I have played. I want to answer this criticism, because I believe that any Member of Parliament, particularly one for the City of Edinburgh, should be quite clear where his duty lies at the moment. It is to help to get the cricket tour cancelled so that the Commonwealth Games may be a success for that city. I hope that we are not proceeding with the Commonwealth Games in Edinburgh on the basis that they are the best tourist attraction we have been able to bring to the city for some time. Certainly, this is not my basis for welcoming the Commonwealth Games there. It is a side effect that it is a very good thing for Edinburgh, for Scotland and for Great Britain; for we are acting as hosts to the Commonwealth Games. It is not just a tourist sideshow. It means something in terms of the Commonwealth as a whole and in terms of multi-racial sport. I have thought all along that it is inconceivable that members of the Commonwealth countries and their sporting teams would ever accept the basic hypocrisy of public opinion and of sporting bodies in this country that we should say at one and the same time, "We believe in the Commonwealth. We believe in multi-racial sport. We are glad to welcome you to our shores. At the same time, down the road a different type of game will be played"—for one of the original cricket matches was to have been played just down the road—"because we have invited a team selected on political grounds from South Africa". Of course, people in Commonwealth countries were not going to accept that. Other hon. Members may criticise me—I know that the hon. Member for Glasgow, Cathcart (Mr. Edward M. Taylor) is one of them—but I hope that they will not advance the proposition that Commonwealth Governments take their orders from the Liberal Party spokesman on Commonwealth affairs. That would be a ridiculous proposition. Much as I believe in the power of the Liberal Party, that would be more than a slight exaggeration. However, this is the line now being taken because it is politically convenient in some parts of Scotland. I hope that we shall hear no more of it. I turn to the excellent speech made by the Minister for Sport. I must admit that I have changed my mind on one question, namely, the rô;le of the Government. It would be deeply repugnant if the Home Secretary had to use his powers to ban the immigration of the South African cricket team. Until a fortnight ago I regarded this as an absolute impossibility. I am not so sure now. I am prepared to say that I am changing my mind, just as I believe that we are asking the Cricket Council to change its mind on something else. I have changed my mind because, if the Cricket Council fails in its responsibility it may well be, to use the much-hackneyed phrase, the lesser of two evils for the Home Secretary to intervene and to say that the damage to cricket, the damage to race relations, the damage to the Commonwealth Games, and the damage to law and order, is much more serious than the damage to the principle of non-interference in the admission of people to Britain. I do not believe that the members of the Cricket Council are stupid. I do not believe that they are insensitive. I believe that they are fully aware of the dangers of what they are doing. However, I believe that they are frightened and worried men. They are afraid of being seen to do a volte face. I understand this. None of us likes to be put in the position of changing plans that have been made. We should say to the members of the Cricket Council that they would be respected in all parts of the House if they now faced up to their responsibilities—because it is theirs, and not the Government's, in the first instance—and accepted the fact that the damage they would do if the tour went on would be very substantial indeed and that their duty clearly lies in meeting now and deciding, in the face of all the developments, that they should be men of courage and integrity and decide to call off the tour.6.20 p.m.
It is a real privilege to follow the hon. Member for Roxburgh, Selkirk and Peebles (Mr. David Steel). I would like to emphasise that among many of us on this side of the House who are deeply concerned about what is at stake in the whole issue there is a great deal of sympathy for the members of the M.C.C. and the Cricket Council in their present predicament. We endorse the view that they are not wicked men and that they are not stupid. But we suggest that they find themselves at the centre of a political issue with far wider dimensions than they ever imagined when they first considered going ahead with the tour.
For everyone in the House who pauses to consider the political situation in Britain and the world as a whole it is without doubt true that one of the most explosive issues with which we are confronted is the issue of race relations. It is immediately clear that the issue cannot be treated in watertight compartments. There is not a separate problem of race relations in Britain, or in the United States or in Africa; the problem of race relations is international. What happens in any one society in terms of race relations inevitably has an immediate effect upon race relations in the political and social situation in other countries where the problem also exists. It is obviously impossible to dissociate cricket from the general situation in South Africa. We must ask the leaders of the Cricket Council and the M.C.C. to consider for a moment how the tour will be interpreted if it goes ahead. By coloured British citizens and many others it will be seen, however honourable the intentions of the members of the Cricket Council, as an endorsement of racial prejudice and of a simply intolerable political system in the Republic of South Africa. In the Commonwealth and the world, whether justly or not, it will be seen as one more step by Britain towards siding, in effect, with the white minority in international society, and not making a stand for the principles which traditionally we have always attached to the dignity of man, irrespective of his colour and racial origin. In South Africa, which I recently visited, I am convinced that it will be interpreted deliberately by Nationalist leaders as an endorsement by Britain of their political system, and among the majority of people, the black people, of South Africa it will also be interpreted in that way. The right hon. Member for Barnet (Mr. Maudling), in a very impressive speech, referred to Helen Suzman, for whom I, too, have a high regard. But I ask him and others to consider why she can still operate within the political context of South Africa. It is because whatever her immense courage, to which I pay tribute, she does not question the fundamental structure of South African society. It is not good enough, and it detracted from an otherwise very good speech, for the right hon. Gentleman to call in support the words of Helen Suzman. What we must call in support is the view of the majority of the people of South Africa, and 80 per cent. of them happen to be black. That majority, because it is black, have had no opportunity to express itself on this issue or any other. As other hon. Members on both sides have said, it is absolutely true that there are among the white people of South Africa people who are even more courageous than Helen Suzman, and who, as a result of their courage, are finding themselves held incommunicadofor interminable periods under house arrest, unable to see their friends. We should also listen to people of that degree of courage when asking how we should form our opinions in the present situation. We must also examine the position of the South African Cricket Association. I am as convinced as anyone that within it there are some honourable and courageous men who hold very enlightened views on race relations. But by implication it is sometimes suggested that the South African Cricket Association is a sad prisoner of the political situation within the Republic of South Africa. It would not be proper in a debate like this to forget that before the law ofapartheidwas deliberately applied to sport within South Africa the South African Cricket Association voluntarily operated a policy of apartheid, which applied to selection, training, the use of club facilities and accessibility to matches by spectators. Black and white spectators were separated, the black spectators even sometimes being separated from the whites by barbed wire fences. For me, cricket has epitomised all that is best in the British traditions of sport, and right at the centre of that sport and its tradition has been the concept of fair play. Four out of five people in South Africa are excluded from any opportunity of selection for cricket teams claiming to play in the name of South Africa simply because of their colour and racial origin. This is not fair, and it is certainly not sportsmanlike. If British cricketers go ahead and play with cricketers representing such a system they will, whatever their motives, be doing irreparable damage to the whole tradition of cricket in Britain. It is our duty to tell them this. We must also examine, and we must ask the cricketers to examine, another price they are paying in terms of for the future of cricket. However good their intentions are, they must ask themselves whether the price paid for going ahead and insisting on playing the South African team is reasonable if it amounts to perhaps forgoing the possibility in the future of playing cricket with countries like India, Pakistan and the West Indies. A great deal has been said in the debate about the Commonwealth Games. What my hon. Friend the Minister of State said, particularly about the meeting of the Sports Council this morning, was most impressive. Surely cricketers as sportsmen will have to consider even at this stage the price being paid by sport as a whole in this country. I turn for a moment to the issue of law and order. I am sorry that the right hon. and learned Member for Hertfordshire, East has left the Chamber. I thought that he made a most irresponsible speech. If we are being objective in our examination of the situation we must, as the right hon. Member for Birmingham, Handsworth (Sir E. Boyle) said, ask ourselves whether the insistence of the Cricket Council and the M.C.C. on going ahead is not the provocation. We must understand and respect the fact that there are many people in this country who hold profound convictions on the issue and who find the whole concept of the tour going ahead immensely distasteful. They see it not just as a game of cricket but as a very direct and personal endorsement of the whole system ofapartheidwithin South Africa. Therefore, I join those who call upon the Cricket Council even at the eleventh hour to cancel the tour. I believe that by doing so it would save its reputation for wisdom and sportsmanship and gain immense respect. It is a decision that can only be made by the council; it would be quite improper for the Government to impose their will on it. Either we live in a mature, democratic society, or we do not. We know that if the tour unfortunately goes ahead there may well be a high cost to be paid, in terms of social disorder. No one is more sad about this than I am. It would be foolish to pretend that there are not minute sections of our community which will seize the opportunity presented by the tour as an opportunity for social disruption. I believe that they will be people who are not really concerned about the issue of apartheid,as speakers on both sides of the House today have been. I want to leave them on one side because they are a social menace and a real enemy to everyone who opposesapartheid,and address myself to the sincere protesters who will be coming forward if the tour goes ahead. I suggest that these protesters must ask themselves three questions. The first is whether they are primarily concerned with demonstrating the strength of their own personal feelings. This is a perfectly honourable objective if they wish to do so, but they must ask themselves honestly whether it is their overriding objective. Secondly, they must ask themselves whether their overriding objective is to stop the tour irrespective of what may happen to be the majority viewpoint in Britain at the moment. Again, that is an arguable and, from their point of view, sincere objective, but they must be honest with themselves. Thirdly, they must ask themselves whether their objective is what I believe to be the objective of most speakers in this debate—to insist that, if the tour goes ahead, those of us who find the concept, traditions and methods ofapartheidfundamentally abhorrent must take the opportunity peacefully and through free argument and persuasion to try to draw into our support and our personal degree of commitment an even wider cross-section of the community than is already concerned. I believe that this third point is the overridingly important issue and that the first two points may actually be counterproductive in terms of the third. I ask the sincere protesters to examine this because, if they insist on imposing their will, however right their objective may be, morally, on the majority, irrespective of the view of that majority, they will be setting a very dangerous precedent in our political life and one which I do not believe any honest or responsible politician on either side could possibly endorse.6.33 p.m.
Hon. Members on both sides have expressed differing views with great sincerity in this rather emotional debate. I say at once with what attention I listened to the speech by my right hon. Friend the Member for Birmingham, Hands-worth (Sir E. Boyle), with whom I share many things, including a love of cricket. I fancy that this evening I may share something else with him as well, since I, too, think it likely that this may be the last occasion on which I shall address the House. So, if I express views differing from his, I know that he will accept from me, because I have the highest regard for him, that I hold them with the same sincerity with which he holds his views.
First, I want to reinforce a point made by my right hon. Friend the Member for Kingston-upon-Thames (Mr. Boyd-Carpenter)—that the South African cricket side due to come next month is not the first South African cricket side to come here against the background ofapartheid.Many South African touring sides have come hitherto against that background and it is only because of the extreme increase in the tensions of race relations in Africa that we are in the trouble we are now. I go further. The pages of Wisden's Cricketers' Alamanac are filled with the names of South African test players who have achieved records, and the world of cricket would be poorer without them. They have been wonderful players and I suspect that the side due to come next month is probably the best cricket side in the world at the moment. Secondly, I dislikeapartheidas much as anyone else. Apart from other things, it is unworkable in the long run. But it is not the only form of racial discrimination. In a way, I wish it were, but it is not. Asians are being evicted from East Africa, including Kenya. They are not allowed to grow as a separate community alongside Kenyans. They are being evicted, hounded out. That is racial discrimination of a bad kind. I find it difficult to understand how the Kenyans can be threatening that, if the South Africans come here, they will not take part in the Commonwealth Games. I seem to recall a parable about the mote and the beam. It surely does not lie in the hands of the Kenyans to throw that stone into other people's glass houses. There are about 60 million untouchables in India and their plight is far worse than the worst phases or features ofapartheid.But no one has ever dreamed of demonstrating about that to the Indian cricketers when they have come here. Again, the very few coloured immigrants allowed into Australia—those who are admitted for a period of training—have to return to their own countries, but no one in his senses would object to any Australian cricket side playing here because of that. Thirdly,apartheidis not at all the only issue of conscience in the world. It is not the only example of man's inhumanity to his fellow creatures or of his cruelty or oppression. Many other dreadful things have happened and are happening which should arouse our consciences just asapartheiddoes, but we do not hear so much about them. But once one tries to victimise sportsmen, whether they be cricketers or athletes, because of the policies of the Government of their country of which one disapproves, one is victimising the wrong people. For example, the Indian cricketers are not responsible for the untouchables and the Russian jockeys who rode several years ago in the Grand National could not be accused of being responsible for the treatment of Czechoslovakia. If any Chinese tennis players came to Wimbledon, no one could say they were responsible for the arrest of Mr. Anthony Grey. Equally, no one can claim that the South African cricketers are responsible forapartheid.I strongly endorse the view, expressed by my right hon. Friend the Member for Barnet (Mr. Maudling), that if we discriminate against sportsmen on political grounds, we are destroying an essential link between them and other people of other countries and other views. I was glad to hear my right hon. Friend emphasise another point, because there is some double thinking about this. Ifapartheidis so abhorrent and so intolerable, I was expecting hon. Members opposite to make strong speeches urging the Government to have a complete trade embargo against South Africa—economic sanctions. I wonder why they did not. I think I know the answer. If economic sanctions were imposed against South Africa, our balance of payments would, to use a cricketing metaphor, " go for six ". Millions of tons of British shipping goes round the Cape every year, particularly with the Suez Canal shut, and is dependent upon the good will, skills and services of the South African ports for safe passage. It would seem that where economics comes in, conscience goes out of the window. I have yet to hear any Minister or any bishop saying that apartheidis so abhorrent that we should sever all connections, economic or otherwise, with South Africa. In my view the Prime Minister, in lending his authority to peaceful demonstrations, made a very unwise move indeed. The Prime Minister knows perfectly well that demonstrations start peacefully, but very rarely end peacefully, and he also knows perfectly well there is a hard core of the demonstrators who do not mind in the least about cricket orapartheid;they are anxious only to start a row. The issue now is that there are a great many hon. and right hon. Gentlemen opposite who are really asking the Cricket Council to do something which the Government ought to do, but have not the courage to do. If the right hon. Gentleman and his colleagues think the situation will be so bad in the coming months that he ought to send for the South African ambassador and explain to him that Britain is prepared to trade with South Africa, but not to play cricket with South Africa, that they are not at all certain whether they can marshal sufficient police to ensure the maintenance of law and order, that the " demos " have got us and that it would be better, on balance, to cancel the tour, so be it. But do not ask the Cricket Council to do something which the Government themselves are frightened of doing. I very much hope that the tour will not be cancelled. If it is cancelled, it is the beginning of the end of international cricket, because every kind of political argument could be adduced to cancel almost every other tour. There could be demonstrations against the M.C.C. in India because of Britain's policy of controlled immigration. The same argument could be used in the West Indies. This is a game that two can play. This is why it was unwise of the Prime Minister to get on to that bandwagon. Not only would it be the beginning of the end of international cricket, but the beginning of the end of what my right hon. and learned Friend the Member for Hertfordshire, East (Sir D. Walker-Smith) called freedom under the law, and that is serious indeed. I have been a cricket fan all my life and I have played cricket on a very minor scale most of my life. I have played a good many games with hon. Members on both sides of the House, over many years, and thoroughly enjoyed it. We have played from 11.30 to 6.30, and we have drawn stumps and come back here and argued across the Floor of the House and gone into opposite Lobbies, and all that. Long may that continue. But is it too late to hope that we might, in this House, regain some sense of proportion and, incidentally, a sense of humour, and allow hundreds of thousands of cricket lovers to do what they want to do this summer, which is simply to watch 11 South African cricketers playing against 11 English cricketers at Lords, the Oval, Trent Bridge, or anywhere else?rose—
On a point of order. I am making no complaints on my own behalf. The hon. Member for Windsor (Sir C. Mott-Radclyffe) and the hon. and gallant Gentleman the Member for Wells (Lieut.-Commander Maydon) have a prior claim to speak. I accept that you seek to preserve the balance, Mr. Speaker, but, on the other hand, during the debate, we have had a number of speeches, all perfectly sincere, from both sides of the House. On this side, we have had two speeches, quite sincere, supporting one particular point of view that is against the general consensus here. On the other side, all the speeches have been one-sided. I may or may not represent anybody—
The hon. Member does not.
We shall see, but that is not the point.
The point, basically, is this, that if the House is to function efficiently in the future, regardless of who is here, then there should be a balance of points of view on all sides of the House.Order. I can assure the hon. Gentleman that not only Mr. Speaker, but the whole House, is aware of the principles which he has enunciated.
I shall not be more than two or three minutes, because I want to deal with only one limited aspect of what has been said.
The right hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) expressed the fear that cancellation of the tour would mean bowing to the forces of disorder—the phrase he used. The right hon. Member for Barnet (Mr. Maudling) said that we must not yield to pressure, but the " we ", was not clear. I was not clear whether he meant the Government or the Cricket Council. The hon. Member for Windsor (Sir C. Mott-Radclyffe) summed it up by saying that we should say to the South Africans, " We cannot marshal the police. The demos' have got us ". My only purpose in rising is to remove that argument completely from the scene. There is no validity in it. Although, obviously, it will throw burdens on the police if they have to turn out at weekends and other occasions to deal with demonstrations, there need be no fear in anybody's mind that the police are incapable of handling this kind of demonstration. They will be fully able to do so. What is more, if, on the fringes of the demonstrations, there are the usual crowd of ruffians who wish to misuse the occasion in order to do other things, then it will be the duty of the police to prevent a breach of peace and to bring them before the courts. It is important that this should be fully understood and that nothing should go out from this House which suggests that the police are incapable of handling this situation. What is more, chief constables have represented to me that they would not themselves welcome any attempt by the Government to interfere with the right of demonstration and protest. I think, therefore, as my hon. Friend the Member for Portsmouth, West (Mr. Judd) and as the right hon. Member for Birmingham, Handsworth (Sir E. Boyle) said, this lies now within the self-discipline of the demonstrators as to how these demonstrations shall pass off. I hope to have more to say about that a little later, but it is important to make this simple point for this purpose. There seems to be a lurking belief that I detected in the Cricket Council when it came to see me that it is a lonely band of heroes standing against the darkening tide of lawlessness. I can relieve the Council of that burden. There is no need for it to feel that in any way at all. It is not required to demonstrate that lawlessness will not prevail in this country by going on with the tour. The real issue here is not the issue of law and order. I rely, as I have done on a previous significant occasion, on the good sense and the long traditions of the British people in the matter of these kinds of demonstration to ensure that we shall do again as we did last time—set an example to the whole world in the manner in which we can express our detestation of the particular issues that concern the South African cricketers. I have no doubt at all about that. Let us put the responsibility firmly where it belongs. What we are discussing here is the judgment of the Cricket Council in inviting the team here in the face of an unparalleled crescendo of opposition. It cannot be pressurised into abandoning the tour. No one need stand up against that pressurisation for its own sake. When I hear the list of organisations who oppose the tour, when I consider the possible damage that could be done, on which I do not want to dilate this evening because it has been argued by other hon. Members much more eloquently than I, I repeat to the Cricket Council that it is for it to consider, against the general background of what has been said, whether its judgment to proceed with this tour is right. What I fear is that there will be damage done to racial relations and other matters. But I have to weigh that, in the discharge of my duties, against imposing my judgment that the damage to be done is so grave that I should interfere with the traditional rights of people to carry on a lawful pursuit, even though it is an unpopular pursuit. So far, I have reached the conclusion it would not be right to do that. I still adhere to that view. There is a conflict of rights, a conflict of feelings here. I believe that that is correct and that it is not unfair to throw the responsibility upon the Cricket Council. It invited the South Africans; it can uninvite them if it chooses to do so. If it does. I promise the Council this: no one will construe it, because he will not be correct, to mean that the Council will be bowing to the forces of lawlessness or disorder, or the demonstrators in this country.6.50 p.m.
May I make an improper suggestion? May I waive my claim in favour of the hon. and gallant Member for Wells (Lieut.-Commander Maydon), Mr. Speaker?
Order. The hon. Gentleman cannot do that.
Most of the debate has been extremely well conducted. Whatever the strength of our feelings, whatever the arguments advanced, there has been a great deal of sincerity—[Interruption.]on both sides—Order! [Laughter.]
Order. The hon. Gentleman must make his own speech and not usurp the functions of the Chair.
I felt that you were not quite hearing what was going on, Mr. Speaker.
Most of this debate has been conducted with a great deal of dignity but for one notable exception, namely, the hon. Member for Smethwick (Mr. Faulds). I wish him a long and successful career on the television screen, playing other people's parts.With his never-failing loyalty to members of his old party, the hon. Gentleman was good enough to give me notice that he would mention me. We all understand his hysterical need to be noticed because of his impending political extinction. If it gives him any delight to mention me in this debate to further his own publicity purposes he has my full agreement, because I am much better known than he is, and I am much more highly regarded throughout the country.
I come now to the right hon. Member for Derby, South (Mr. Philip Noel-Baker)—
And I will be here a lot longer than the hon. Member.
I will be much briefer if hon. Gentlemen do not interrupt.
The right hon. Member quoted Bishop Huddleston, but he did not quote the Archbishop of York—[Interruption.]Order. This debate has proceeded in an orderly fashion so far. It must continue to do so.
I am happy to quote Bishop Huddleston as well.
When I was speaking at the Cambridge Union, and the Foreign Secretary was a witness to this, Bishop Huddleston said that Russia and China were more democratic countries than this. Not only is the Foreign Secretary a witness to that, but so is the right hon. Member for Brighton, Pavilion (Mr. Amery) and several hundreds of people. I will not quote Bishop Huddleston as my example on any issue of this nature. My credentials for speaking in the debate are tenuous except for the following. The first is that I am an Anglo-Indian. I am the first member of my family to live in this country for over 100 years.An Hon. Member: And the last.
I grew up playing with the children of Indian peasants. English is my second language. I am not a racialist In that Gallery above US—[HON. MEMBERS: " Order."]—running the 1970 tour campaign, is another Anglo-Indian—
Order. The hon. Gentleman must not refer, even indirectly, to the presence of strangers.
I am referring to him now indirectly. Mr. Ramon Subba Row is running the 1970 campaign fund and is responsible for much of its administration. He is also an Anglo-Indian. He has four English caps against South Africa. The person who has a complaint about this, more than anyone else is Mr. d'Oliveira and we know the dignity with which he has behaved and the pressures under which he has lived.
If I have any other credentials it is that I was privileged to serve with the 15th South African Squadron in the Desert Air Force, and I was proud to serve with it. I only wish that a number of hon. Gentlemen opposite had seen them in the mess and the way in which they behaved during those days when when they fought for freedom. I have some figures here. They might not interest many people, but they interest me. There were 211,123 and 123,000 non-Europeans, all volunteers, in the British forces during the war.Where was Vorster?
I am not defending Mr. Vorster.
Out of all of this there were three South African Victoria Crosses, 108 Distinguished Service Orders, 37 Distinguished Service Crosses. 429 Distinguished Flying Crosses—I could go on, but the total comes to 7,114. If they were good enough to do that for us they are good enough to play cricket against us, or life has no meaning. My next point is germane to the whole nature of the debate. It is why the previous tour was cancelled, because of Mr. d'Oliviera's exclusion by the South African Government. I want to make it clear that it was not the South African Cricket Association, but was the South African Government. We may argue about the M.C.C. but it is not a matter for the House of Commons as to who should be chosen in a cricket team. In my view, having known Alec Bedser as one of the England selectors for 30 years, having known Colin Cowdrey for a number of years, I know that these are men of integrity. Is anyone here impugning their integrity? I am asking: is anyone here impugning Mr. Cowdrey's integrity? [HON. MEMBERS: " The hon. Member's integrity."] I will not even dream of asking for your protection from these Members, Mr. Speaker. Another important point concerns the Minister for Sport—and he is a good chap. He fought hard against the election of the Prime Minister, along with me. This is what he said on the radio on 25th May, 1969:That is a very different statement from what we have had today. There is the whole strategic question which lies behind this. There is South Africa's position as the half-way house of the world. What would happen to British trade if we did not have the Cape route? A total of 85 per cent. of the oil that comes into my constituency, which is the largest oil port in the United Kingdom, comesviathe Cape route. A total of 58 per cent. of the United Kingdom oil comesviathat route. Behind all this is an attack on South Africa itself, a damaging attack against Western relations, and if I have one word of advice to the Cricket Council it is not to surrender to mob rule, to hooliganism, to the cranks, to the birdbrains and the self-important sanctimonious prigs.It being three hours after the commencement of the Proceedings, Mr. SPEAKER interrupted the proceedings pursuant to Standing Order No. 9(Adjournment on specific and important matter that should have urgent consideration.)" Well. the Government's view is that if it is possible for the citizens of this country to visit South Africa or South Africans to visit this country, then sportsmen cannot be treated differently nor would I wish them to be treated differently from the rest of the community."
In view of the resolution adopted this morning by the Sports Council, and of the many eloquent appeals which have been made this afternoon to the Cricket Council, I beg to ask leave of the House to withdraw the Motion.
No.
Order. The Motion is already time elapsed.
Orders Of The Day
Hare Coursing Bill
Order for Second Reading.
7.0 p.m.
I beg to move, That the Bill be now read a Second time.
The subject matter of the Bill is not new to the House. As long ago as 1925 a Bill with similar objectives got through its Committee stage but failed to secure a Third Reading from lack of Parliamentary time. More recently there have been Private Members' Bills aimed at prohibiting hare coursing in the last four Sessions of this Parliament. Because of the considerable Parliamentary and public interest aroused by the Bill introduced in January, 1967, by my hon. Friend the Member for Liverpool, Walton (Mr. Heffer), the Government thought that Parliament ought to have an opportunity of discussing the issue, although at that time the formal attitude of the Government was one of neutrality. Time was made available on 1st May, 1967. During the course of the debate most of the main considerations and controversies were ventilated, but the debate itself was not concluded. My hon. Friend reintroduced his Bill in the following Session but this made no progress, nor did a similar Bill introduced by my hon. Friend the Member for Ashton-under-Lyne (Mr. Sheldon) in the next Session. My hon. Friend the Member for Ilford, South (Mr. Arnold Shaw) introduced his Hare Coursing and Deer Hunting Abolition Bill this Session and succeeded in putting it down for Second Reading, second in order of business following the Conservation of Seals Bill, on 12th December. Many of us thought then that there would be opportunity to reach a decision on the matter, but it was a Private Member's Bill with all the hazards involved. As regards the reasoned amendment which has been tabled by the hon. Member for Gainsborough (Mr. Kimball), I am, of course, well aware that the British Field Sports Society has arranged for an inquiry to be made into hare coursing. But I understand that the inquiry is chiefly directed towards a re-examination of the rules and arrangements for hare coursing. Indeed, according to information given to us by the hon. Gentleman, the terms of reference of this body are to look at the conduct of coursing in modern farming conditions; adjustments in arrangements for stewarding and the general management of meetings; and any amendment to the existing rules. It is not an inquiry into the question whether or not competitive hare coursing should be prohibited. The Government do not, therefore, consider that the outcome of this inquiry will have any bearing on the principle whether or not competitive coursing, no matter how it is controlled, should be allowed to continue. Some hon. Members will probably remind the House that there has been something of a tradition with field sports and, indeed, other specific matters related to animal welfare for initiatives to be left to Private Members. The Conservation of Seals Bill is a good example. That tradition depends upon a certain reasonableness in the handling of opportunities for Parliamentary discussion, which has not been altogether evident in this case. Those who oppose the Bill have no reason to complain if today the matter is brought to debate, and by the Government. In the Government's view, competitive hare coursing involves an unacceptable degree of suffering to hares. We have decided that the only way of enabling Parliament to come to a decision on the issue is for the Government to introduce their own Bill. As the House will recall, this decision was announced by my right hon. Friend the Leader of the House on 19th March. My right hon. Friend the Prime Minister put the case against hare coursing very succinctly when, in replying to a Question by my hon. Friend the Member for Rugby (Mr. William Price) on 2nd December, he referred to hare coursing as a barbarous anachronism. I will elaborate the issues which seem to me most relevant. First, I want to make it quite clear that no issue of pest control is involved in the so-called sport of hare coursing. I do not think that this is disputed even by those who support hare coursing. The Departmental Committee on Cruelty to Wild Animals under the chairmanship of Mr. John Scott Henderson, which reported in 1951, indicated this very clearly in paragraph 274 of its report, the last sentence of which reads:My right hon. Friend the Minister of Agriculture, Fisheries and Food confirms that coursing makes no contribution to the control of hares and, if abolished, would in no way add to farmers' problems. So the basic issue is whether competitive hare coursing involves a measure of cruelty which today is no longer acceptable. The Government have no doubt whatever that it does, and there is much evidence to suggest that this view is shared by the majority of people in this country. I am aware of course that those hares which get away may not even suffer; that is open to argument. Let us remember those that are caught and killed by the dogs. No one can dispute that these hares suffer. The Scott Henderson Report gives a lot of information and comment about the natural history of hares and the field sport of hare coursing. I have studied this with care. The committee approached the question whether or not a field sport is cruel on the following basis in paragraph 141:"The principal object of all coursing is. however, undoubtedly sport and in our view cannot be regarded as a method of control."
The committee went on to say that it considered interference would be justified (a) in cases where the sport does not serve control, if there is more than a slight degree of suffering; (b) in cases where the sport contributes to control, if the amount of suffering inflicted is greater than would be involved in the case of alternative methods of control. The Scott Henderson Committee's analysis of the problem of hare coursing is not altogether easy to follow at all points, but the main argument seems to amount to this. On the one hand, the committee concluded that coursing involves no more suffering than the shooting of hares as ordinarily practised and, therefore, that the suffering involved in coursing did not constitute cruelty in so far as it was used as a method of control. This seems to have been the basis for the first part of the committee's recommendation No. 34:" It seems to us that public opinion will be swayed by reasonable. practicable and broad considerations and not by ethical arguments alone. An act causing unnecessary suffering should be judged by the standard adopted by average, reasonably-minded people and should be viewed objectively. We think that the public generally are not likely to want to abolish a sport which may involve an element of cruelty merely because that sport gives pleasure to the participants. We have, therefore, decided to base our recommendations on the degree of cruelty and all other material considerations which seem to us to be involved."
In my view that comment is of no significance because, as I have already said, it is generally accepted that competitive hare coursing does not contribute to pest control. Since this is so, then any degree of cruelty inflicted in coursing must be unacceptable to anyone who believes that animals should be humanely treated. Indeed, the committee roundly concluded in paragraph 280 that on the definition of cruelty they had adopted competitive hare coursing—the Waterloo Cup meeting at Altcar was mentioned as an example—caused unnecessary suffering to hares and paragraph 280 says:" The degree of cruelty involved in coursing is not sufficient to justify its prohibition."
However, at this point the logic of the committee's thinking seems to have disintegrated for, surprisingly, the Committee decided to:" Consequently, the suffering which is caused to hares coursed at such meetings comes within the definition of cruelty which we have adopted."
That is the second part of recommendation No. 34. It seems to me that the committee hovered on the brink of condemning competitive coursing and coming out with a firm recommendation that it should be prohibited, and then drew back and settled for what might be described as a neutral attitude. My own view, and that now taken by the Government, is very far from neutral. We find the whole idea of competitive coursing repugnant. It is now very nearly 20 years since the Scott Henderson Committee reported, and it is clear that whatever public opinion was towards the sport at the time, it is now no longer prepared to tolerate this activity purely in the interests of sport. I appreciate, of course, that there are some with whom the Government's resolve to prohibit this activity will be unpopular. There will be arguments about urban pressures on rural pleasures. The yeoman's call to the world of the hunter and the survival of the fittest. The majority versus the minority. Of course with the passage of time the proportion of the population with a rural background—or indeed rural family connections—has diminished with industrialisation. Politically it would now be no longer possible, as it was a hundred years ago to make an emotional appeal to a recently urbanised working class with the cry of " an acre and a cow " [An HON. MEMBER: " Three acres "] All right, three acres and a cow. In my own part of Leeds, as has been so accurately portrayed by Richard Hoggart inThe Uses of Literacy,the days of an urban population with their strong rural background are gone. Even so, this Bill is not an anti-rural measure designed by urbanites who shut their eyes to the realities of nature or the needs of agriculture. I have already referred to this point when discussing the particular question of control. It is equally true in the wider context of rural life. This Bill is concerned with competitive hare coursing. I would commend to the opponents of the Bill the innocuous racing of greyhounds after an artificial hare which has a wide following. This is the civilised " model ", not the killing of hares for the satisfaction of the owners and followers of hounds. The Government's view is that in a civilised society in the latter part of the twentieth century competitive hare coursing has no place, and the sooner it is relegated to join those other cruel and discredited sports which are now defunct the better." make no recommendation about coursing ".
The hon. Gentleman said that it was not an attack on country pursuits. Why are not the Government legislating on all the other field sports on this occasion? Why have they singled out this one?
The point I am making is that there is no control involved. This is related to competitive hare coursing. I will come to the wider question of hares in a moment. The Government have no intention of dealing with field sports as a whole. I am dealing with competitive hare coursing. If the hon. Gentleman has a great interest in this matter, then if he is here in the next Parliament he will no doubt do something to abolish fox hunting if that is what he has in mind.
Representations have been made to me that salukis are deserving of special consideration in relation to any ban on coursing. I have been told that the saluki is a most ancient breed and one of the few in this country that has suffered no hereditary defects. It is claimed that if this pure strain is to be maintained it is essential to course the dogs against hares to select for breeding those which display the right characteristics. I do not dispute that the breed is one which has existed for thousands of years, but the introduction of salukis into this country seems to be of comparatively recent origin. My information is that these dogs were first bred in this country towards the end of the last century and that regular coursing meetings for salukis have been held only during the last 15 years or so. I am not persuaded by the argument that coursing is essential to maintaining the quality of the breed. I am sure that when hare coursing becomes illegal saluki breeders will not be unequal to the task of devising alternative methods for determining whether a particular dog has the right characteristics to be used for breeding. In any case if, as the Government maintain, coursing involves an unacceptable degree of suffering to hares, that proposition holds good irrespective of the breed of dog used against the hare. It matters nothing to the hare whether it is savaged by greyhounds, salukis or other coursing dogs.There is nothing in the Bill to save the hare in this respect. Hares can be coursed with salukis as long as it is not done competitively. This can be done to come to a judgment as to which dog to breed from.
I thank my hon. and learned Friend. That is precisely the point I was making. The whole point of the Bill is against competitive hare coursing, with people standing around, with bookies present, enjoying the destroying of hares. That is the point which has been made in various debates which have taken place over the years. [Interruption.] I hear what the hon. Gentleman says, but I have had representations about this matter and amicable discussions with various interests, and I understand there is betting on the courses.
An Hon. Member: There used to be 10 years ago.
Order. The House debates better when it debates in a conventional way.
That is the information I have been given by the interests concerned.
I turn to the Bill itself. Basically the Bill serves the same objects as that originally introduced by my hon. Friend the Member for Liverpool, Walton (Mr. Heffer). However, we have amended the drafting somewhat by omitting in the definition of "hare coursing the reference to steps being taken before the dogs are releasedThis might have been taken to imply that it is necessary for the hare to see the dogs as well as for the dogs to see the hare. As this is not an essential element of the type of coursing we wish to put down, we felt it unnecessary to define coursing. The meaning of the verb " to course " is to pursue by sight. Therefore it would not be possible to commence to course a hare unless the dogs could see it. We have also modified the penalty provisions in order to avoid introducing short terms of imprisonment which are not in line with current penal policy. To compensate for this, the fines have been increased. The Bill is confined in scope to the single issue of competitive hare coursing. The purpose of Clause 1 is to prohibit the coursing—that means pursuit by sight—of a hare by two or more dogs in a competition where the essential object is to compare the relative coursing abilities of those dogs. It is not the Government's purpose in this Bill to make illegal the hunting of hares with beagles or harriers; nor to interfere with the right of a farmer to set his dog after a hare where the object is to catch and kill the hare for control purposes. As I have said, the sole object of this Bill is to put down coursing where the essential object is to compare the relative merits of two or more dogs placed in competitive pursuit of a hare." to bring those dogs and that hare within sight of each other ".
What happens if a farmer sets two of his dogs after a hare?
If the hon. Gentleman reads the Bill, he will see that it does not come under the heading of competitive hare coursing. Some hon. Members may be wondering why the Bill refers to the coursing of a hare by two or more dogs and does not make it unlawful to course a hare with a single dog, or to course species other than hares. The reason is that we are legislating for the situation which now exists. Coursing with a single dog is not a feature of present coursing practice, and it is difficult to see how the respective coursing abilities of different dogs could be effectively compared by such methods.
The Bill follows the general pattern of other animal welfare legislation by providing no specific enforcement provisions. Any person or organisation will be free to initiate proceedings in respect of any incident where they have reason to believe an offence has been committed, or to report the matter to the police who would decide whether or not to prosecute in the light of the evidence available. I have no doubt that voluntary organisations like the R.S.P.C.A. play a leading part in seeking evidence of offences and bringing the offenders to justice. This system works satisfactorily in the case of other animal welfare legislation—for example, the Protection of Animals Act, 1911—and the Government do not anticipate any widespread evasion of the prohibition being successfully pursued. Some may argue that to ban competitive coursing will only result in the so-called " sport " going underground. This may occur to a limited extent for a time after the prohibition on coursing becomes effective, but in our view it is unlikely to flourish for long. It would have to be a hole and corner affair; judging would be difficult, there would be but a handful, or more likely no spectators to encourage the activity, and without the major events in which the dogs could be entered there would be little incentive to continue training coursing dogs. If a person is determined to evade the law he may for a time manage to do so; but because cases might occur of persons breaking the law, certainly that is not an argument in favour of doing nothing. If that were so, we should have no laws at all. Clause 2 is largely technical. Subsection (3) allows a year's grace before the prohibition on coursing becomes effective. Representations have been made to the Government that some people—a figure of no more than 70 was quoted—are wholly dependent for their livelihood on training or caring for greyhounds and other breeds of dog kept exclusively for coursing. Although the number involved is relatively small, the Government have, in their view, made allowance for a period during which coursing can be run down and those whose employment is affected can find alternative work. In the Government's view, there is no doubt whatever that the so-called sport of competitive hare coursing involves a degree of cruelty that cannot be tolerated in this day and age. I am sure the vast majority of Members of this House and the public would agree and wholeheartedly support the Government's action in bringing forward this Bill.rose—
Order. May I make two announcements?
The first is that I have not selected the Amendment in the name of the hon. Member for Gainsborough (Mr. Kimball) and a number of his hon. Friends— That this House declines, in advance of the Report of the Stable Committee, which with the knowledge of the Home Office is conducting an inquiry into the sport of coursing, to give a Second Reading to a Bill which is not due to come into force for 12 months. That will not limit the debate in any way. The second is that, so far, 25 hon. Members have indicated that they wish to speak in this debate.7.20 p.m.
We are obliged to the Joint Under-Secretary. I confess that I lost touch with his argument about the salukis, but at least he has discharged what was a very difficult task agreeably and in a manner that we on this side of the House have come to expect of him.
I have a high regard for the Home Office under any dispensation, and I am sorry to find this great Department of State caught up in a Bill like this. I suspect that it may be a little sorry, too, and perhaps a little embarrassed. It is not alone because, whatever the Bill may do for hares, I fear that it will not, as some hon. Members hope, display the House of Commons in a very distinguished light. I understand very well the dilemma of some of my hon. Friends and possibly of some hon. Members opposite. They may well have doubts no less strong than mine whether this is wise legislation for a Government. Other things being equal, they might wish to intimate that in the Lobbies. But they are not quite equal. Some of my hon. Friends and some hon. Members opposite know of friends, supporters and correspondents who have been led sincerely to believe that we are dealing, as the hon. Gentleman has said, with a cruel and beastly practice and that this Bill will be a good day's work. These people will not be easily convinced otherwise by the wider considerations to which the House ought now to turn its mind. I know all about the difficulties and pressures. I know them well enough. All that I can say to my hon. Friends who feel in difficulty is that they have one great advantage. On this side of the House, we shall have a free vote. I understand that other arrangements may prevail elsewhere. My hon. Friends are free to do as they please. They will suffer no assault on their consciences from me. I want only to say as fairly as I can what troubles me about the Bill. I hold nothing whatever against the hon. Member for Liverpool, Walton (Mr. Heffer) or the hon. Member for Ilford, South (Mr. Arnold Shaw). I congratulate them warmly. In their place, I would regard this Bill as a triumph, which for them it is. But there is a world of difference between a Private Member's Bill for any purpose and a Government Measure of this kind, brought along in this way. Part of the Minister's argument was that we are dealing with a matter so serious and urgent, a pastime so damnable and such a threat to public decency that it demands action on these lines. In a sense, I wish that I felt that to be true. What I fear has happened is that we have been caught up in a tide of emotion and anger—alas, even of hatred —generated against those who course hares. The House of Commons ought not to allow that to happen. Certainly, it is part of our duty to have regard to and to respond to popular feelings and to give them expression, for animals as much as for anything else. But we owe another duty, and it is to make a level judgment which is above certain prejudices and patterns. After all, that is part of our raison d'être. I turn now to the Bill. One of its palpable weaknesses is its selectivity. It is still not clear to me why the Government have changed their view from that which they held three years ago. In May, 1967, when the House was considering the Bill sponsored by the hon. Member for Walton, the then Minister of State, Home Office, said that the Government's attitude at that stage was one of neutrality. Now the Government see fit to bring in this Bill of their own, and I cannot understand why. To my knowledge, there has been no serious study of this matter since the Scott Henderson Report in 1951. Now, Mr. Owen Stable has been engaged at the request of the British Field Sports Society to study the rules of conduct for coursing. That was a move which was welcomed at the time by a Home Office Minister, despite what the Joint Under-Secretary said today. A few hours ago, the Minister for Sport said, on another issue, that the Government ought not to interfere in matters for which sport is responsible. I could hardly believe my ears. The British Field Sports Society has done precisely what the Government wished the Cricket Council to do. It has taken action on behalf of the sport. Yet, without awaiting Mr. Owen Stable's report, the Government have brought in this Bill. The words of the Minister for Sport entitle me to say that this is a Bill of no principle. Certainly, there is a case, as was mentioned in 1967, for bringing to bear on field sports the Protection of Animals Act to ensure, if possible, that all these sports are governed by rules, as most are already. That is probably very difficult, but surely that is the proper role for Government. The Under-Secretary said that the Government have no intention of acting any further in this sphere. What is indefensible is the selection of one sport by the Government. In my view, we cannot be too careful before we legislate against tiny minorities. I have some knowledge of most field sports. Comparisons are difficult because emotions are involved. We all have emotions in this matter. For my part, I would find it very difficult, if not impossible, to shoot driven birds. To me, the glint of a pheasant in a wood in autumn is one part of the gifts of an English autumn. That is a personal and perhaps idiosyncratic view. I mention it apologetically to indicate that those of us who think that this Bill is bad, unnecessary and even dangerous are notipso factodevoid of feeling for animal life. We are talking about hares, not pheasants. There seems to be no logic and no sound basis for a Bill which outlaws coursing but not harriers and beagles. I have run with beagles quite often. Beagles look less rapine than greyhounds, but they do not kill a hare as quickly or as painlessly on occasions. I have to say that as one who still participates. This issue of the degree of cruietly, the relationship to control about which the hon. Gentleman spoke and the relative cruelty of the shotgun, raises very difficult issues. It may be that some of my hon. Friends will speak about the Scott Henderson Report in this connection. I have no doubt that the shotgun, particularly the shotgun in unskilled hands, of which there are plenty today, causes more agony to wild animals than all the hounds and hunts put together. That is impossible to quantify. One can only offer a subjective judgment, that the sum total of suffering by hares will not be decreased by the Bill. Perhaps otherwise. On balance, I have come to the view that organised sport, disciplined by rules and sanctions, will in the end cause less suffering and cruelty than unlicensed, unsupervised private enterprise. I accept that it is the discipline, the rules, the uniform, the ritual and the buttons that to many are provocative. That is what they dislike about organised sport. They must judge whether, at root, they are seeking to promote the welfare of wild animals or to demote those who organise the pursuit of them for sport. We come to a gulf here which I find it impossible to bridge. Like many hon. Members, including the hon. Member for Walton, I speak as a countryman. All my life I have had friends who have enjoyed various field sports, including coursing. Some hon. Members may say that their philosophy is misguided. Let us assume that they are right and that their philosophy is misguided. Even if that were true, there is no justification —and in their hearts hon. Gentlemen opposite kg-tow this—for the kind of abuse and vilification which has been piled on their heads by those opposed to field sports. I reflected on this not long ago when I attended a small dinner given by the Romney Marsh Coursing Club to farmers and shepherds. As I looked around the company I said to myself genuinely, " I wish that the hon. Member for Walton were here. He is a fair-minded man, a countryman, and he would see these people as they are; not as some would wish us to see them."Probably some of my relatives.
That might be so.
The Prime Minister—and the Under-Secretary mentioned it today—used the word " barbarous " the other day. That seemed to me, for reasons I will touch on, a misjudgment. I am suspicious of causes, such as the one represented by the Bill, which must call in aid such words as " barbaric ", " torture ", " sadism ", and so on. It suggests, to me at least, that the issue—and it is an intensely arguable issue—cannot be safely left to discussion on its merits. Moreover, this language is not confined to those who course hares. Like other hon. Members, I get a lot of literature about animal welfare and about intensive farming. In most of it we find the same emotive language, the same weasel words, the same shock treatment. No doubt some kinds of intensive farming are disturbing, but they do not justify hate campaigns against farmers or anybody else. This illustrates how very deep the gulf has become between some countrymen and the rest. It is true that rude and crude things go on in the countryside. I recall about a year ago a fellow coming to me with a complaint. He had been picnicking with his wife and young family, when, in an adjoining field, a bull had set about his arduous duties of procreation. " It is not a very nice thing, Mr. Deedes ", he said to me, " when your wife and children are exposed to that sort of thing." He had nothing against the farmer, but he felt that he should have put up a warning notice. Some rude and crude spectacles go on in our cities, too. Violence on human beings is in vogue—all power to the Home Secretary's elbow. There seems to be more than a smack of hypocrisy about a media which can present a film to inflame against hare coursing and then display and defend brutality, ostensibly because it is part of life, but in reality to push up the ratings. Glancing at some of the current offerings for public pleasure, those who course hares may wonder why they have been singled out for opprobrium and a Commons Whip. I think that for the Government and for the House of Commons other standards, other considerations, at least ought to weigh. We owe our democracy a better prospective. We must be prudent about the causes we espouse and act on in this way. Those who espouse the cause of children, for example, feel bitterly about this kind of campaign. They observe, as I do sadly, the comparative incomes of the R.S.P.C.A. —an excellent organisation—and the N.S.P.C.C. This is relevant, because this is the issue of perspective and proportions. With an income of £334,000 last year the National Society was left " in the red ". With an income of almost £900,000 the Royal Society ended the year with £157,000 in hand. Some of the injuries and cruelties inflicted on our children—we come across these cases in our political work—in our modern society are also very grievous. The National Society last year had to investigate, not isolated examples of cruelty and abuse, but 23,000, and some were heart-rending. So, in considering this little Bill, a sense of proportion comes not amiss. The fact is that we here today are victims of a relatively new development which is disturbing. It is the capacity of a minority in a modern society, saturated by the media, to fire a cause— it may be a good or a bad cause—into a blaze of furious emotion. We have a handful of people presented to us by some as people who might have helped to run Belsen, although engaged up to this point in something which is perfectly legal. One picture, one film, one sound track, can be manipulated to whip up a holocaust of anger and hatred against a small section. Alas, the technique is not limited to hares. We shall see this process set in motion, I fear, against other field sports. It is not clear to me, after today, on what principle the Government or this House will seek to draw the line. Some hon. Members will no doubt say that righteous anger against the wickedness of those who indulge in this sport is creditable. I fear that I cannot see it in that light. What has been said and propagated about this sport, and others. goes beyond what should happen in our proverbially tolerant society. Goodness knows, there is enough hatred about today. The Bishop of Southwark, I think it was, thinking about the Bill, said recently that the case against field sports had clearly been made out in the Scriptures. He may well be right. But I recall something also about living in love and charity with one's neighbour—an ideal to which every hon. Member subscribes just before a General Election. I do not think the campaigns of hate promote much good. They do not help this tolerant society of ours—this we all devoutly wish to see—to offer some sort of hope to a torn and bloody world. This, I venture to say, is where this House should be of some avail. If we are to be swung about, aroused to anger, emotion and passion on a matter of this kind by the forces of which I speak, our parliamentary democracy and our society will be grievously impaired. Finally, I come back to my hon. Friends who feel that they ought to support the Bill, for reasons which I fully comprehend. I repeat, they must do what they feel is right. They have heard, and will hear, no syllable of reproach from me. I beg them and the House only to bear in mind that on an occasion of this kind we have a wider duty, a wider responsibility, and a perspective to keep, and we shall be harshly judged by our manner of discharging it.
7.40 p.m.
We have had an excellent exposition of the case against the Bill, and I am particularly grateful to the right hon. Member for Ashford (Mr. Deedes), because no one this evening will put it better than he has done. It is a case which merits serious consideration, and that is what it must receive.
Before I come to the Bill itself, I should like to give the House one or two quotations from another debate in this House. I have here a record of the debates of 1835 on the Cruelty to Animals Bill, during which Sir M. W. Ridley said:The speech of the right hon. Member for Ashford contained echoes of that speech which I have just quoted. The right hon. Gentleman was saying, in effect, that this was a very dangerous Bill. I regard that as an echo from the previous debate. The question is asked, " Why is this confined to coursing? Why did you not take in everything? " That is another echo of 1835—" Why only cock-fighting and bull baiting? " Why did you not take in everything? Why not? It would have been excellent if they had done so. Had this happened, we would have been saved from having this debate this evening, and it would that much sooner have made Britain much more civilised." I think that this is a most arbitrary and tyrannical Bill, and one conferring certain powers, which no previous Statute has ever given …I protest against what appears to me to be only a surreptitious code of interference to prevent the amusements of the poorer classes. In my opinion, the amusements of hunting, coursing, shooting, and fishing, are as much breaches of the Act as cock-fighting and bull-baiting. The former amusements are within reach of the higher classes only, and those individuals who have not the means to resort to them, avail themselves of the latter."
I am sure that the hon. Gentleman will want to be fair. I have done my homework on the Bull Baiting Bill, as I am sure he has. As a matter of history, the arguments advanced against bull-baiting had nothing to do with blood sports. It was a public order Bill, and that point made by Colonel Ridley and Mr. Roebuck was that the places where bull-baiting was done were those at which there was a grave risk of riot and public disorder.
Many reasons were put forward, and I could give the House many quotations, but I am arguing that the echoes of that debate are to be heard in the debate today. I think that the whole matter must be brought into proper perspective, as suggested by the right hon. Gentleman.
I introduced what I thought was a very simple Bill, and I thought that it would be dealt with in a short space of time. I took the view that the overwhelming majority of the population would be in favour of it. I thought that we would mop it up on the way through and then get down to more serious business. I was absolutely innocent and totally naive. I did not fully understand the entrenched interests of hon. Members, most of whom are on the other side of the House. I predict that when this Bill goes through the House the other place will be full on the day appointed to debate hare coursing, much fuller on that occasion than on most others, for the simple reason that when one looks at the list of the people involved in hare coursing one finds that the list is comprised mainly of Lord this, Lord that, and so on. Those who argued during the previous debate that this sport was largely the pursuit of the upper classes was right, but now we hear another cry. We are told that it is the miners who are deeply disturbed, and that in some respects it is the working classes who want to continue with hare coursing. I have some information on this, too. I have letters from miners, organisations saying that they will be delighted when the Bill comes into operation. I am most gratified that my right hon. Friends have decided to introduce this as a Government Bill. My hon. Friends the Members for Ashton-under-Lyne (Mr. Sheldon), Ilford, South (Mr. Arnold Shaw), and others who have been involved with me at various stages in trying to get this Measure introduced are delighted that the Government have decided to take this action. It is only a small Bill. but it is an important step towards establishing a fully civilised society in Britain. I think that my hon. Friends and I have made out the case for the Bill, and there is therefore no need to give countless examples of the cruelty to animals I think that this aspect is clearly understood by the majority of people. Yesterday I saw again the film made by the B.B.C. There was, too, the film which the I.T.V. showed in its sports arena. These films showed the overwhelming mass of people who do not know what goes on and what cruelty is involved in hare coursing. Members of the Old Yorkshire Coursing Club say that people who are raising this issue are Left-wing and other well-intentioned but misinformed M.P.s. This is a great Left-wing plot. It is all designed—Muscovites.
They are behind the whole thing. They are trying to take this sport away from the poorer classes so that they will rise up in revolt. I have never heard such nonsense in all my life. This is an amazing document containing so many wonderful statements that I do not know where to start, but one is:
That is one gem from this document. If that is the best case that can be put up in defence of coursing, I imagine that the coursers must be most grateful to the right hon. Member for Ashford, because at least he put up an important case which has to be answered. The other argument is that it is only the urban dwellers who are opposed to coursing, that those who live in the country must be in favour of it. That is totally untrue. I have here some remarks from a letter which I received from the National Executive of the National Union of Agricultural Workers. Lord Collison, who was then general secretary, said:" The ` anti ' argument is always on the basis of ` How would you like it to happen to you?'. They attribute human emotions of imagination and anticipation to animals. There is absolutely no evidence to support this. As the years go by the sanctimonious sentimentality over the killing of animals seems to increase at the same rate as the consumption of meat."
Does anyone suggest that the National Union of Agricultural Workers has nothing to do with the countryside? That would be absolute rubbish. The facts are that the union is made up entirely of country workers, and they are fully in support of the Bill. That needs to be stressed, apart from the letters which I have received from country people all over the country, who, in addition to those from urban areas, have expressed their full support for the abolition of live hare coursing—" Thank you for your letter regarding Mr. E. Heffer's Bill on the abolition of live hare coursing. The proposition was put before and discussed by my Executive Council when it met last week, and I am pleased to be able to inform you that they are in full support of the Bill and wish Mr. Heffer every success in its passage through Parliament."
rose—
No, it is not that I do not want to have interventions, but they prolong speeches and I wish to allow plenty of time for other hon. Members to speak.
An Hon. Member: Get on with it.
Do not be so rude.
I gather that the hon. Gentleman does not agree with what I am saying.
I wish to turn to the British Field Sports Society's pamphlet on hare coursing. In the Amendment, which was not called, asking that there should not be a Second Reading now, is a reference to the report of the Stable Committee. For one moment, I thought that the Stable Committee would be entirely impartial, that it would include people in no way involved in hare coursing. But I discovered from the list of the British Field Sports Society's vice-presidents that the right hon. Mr. Justice Stable, P.C., M.C., was one of the vice-presidents—[An HON. MEMBER: " It is not the same man."] In that case, I am utterly wrong and I accept that it is not the right man. It was only a point in passing, because I thought that if that were the case the judge could hardly sit in judgment on this matter. If it is not so, I am delighted to hear it, but it is an interesting coincidence. Perhaps someone can tell me whether he is any relative. It is an interesting thing. But the important point was that I do not remember organisations opposed to hare coursing or neutral organisations being asked to give evidence to that committee. If they were, I certainly was never asked. At no time have I had any communication from this committee. I only learned of it by accident through the Press; I have never been approached. Therefore, I cannot believe that a committee which does not get evidence from people like myself, who are obviously opposed to hare coursing, should be given any real attention. Also, of course, it is not dealing with the whole question of whether hare coursing should continue, but only with the niceties of it. That in itself is an indication that pressure has been applied by people who are in opposition to hare coursing and that the hare coursers themselves have had to admit that they must do something to give coursing a better image. This pamphlet of the B.F.S.S. proves the case for abolition. On page 6, the report on hare coursing by the League Against Cruel Sports is analysed, with quotations. One such is:" Para. 1. ' Hares are often driven over a distance of a mile or more in the coursing field by some 60 or more men known as beaters.
Comment: True."
Hon. Members: Read on.
Of course—I have it underlined. I am glad that hon. Members have asked me to read on: I was hoping that they would. The quotation is:
What they say is that hares are driven over a distance of a mile by men known as beaters. That implies to me nothing except that hares are forced along and that they call these men beaters, but this apparently is inflammatory. That shows clearly how emotive is the case of the hare coursers, how they are trying to suggest that we are not being fair. I could quote from this pamphlet at great length. They spend a good deal of time analysing a speech which I made when we had our previous debate. The suggestion is that I persistently misled—but misled what? The first time that I raised this in the House, I said." True. But observe the subtle effect intended upon the uninitiated non-countryman of this sentence taken out of its proper context and placed in the leaflet following several pages of inflammatory build-up. What undertones of taskmasters, slavery and cruelty is the reader encouraged to find in the words ' driven ' and ' beaten '?"
That is hardly persistently misleading people. I clearly explained what happened and they know that I explained what happened, because I quoted the rules of the National Coursing Club. It is their document which is misleading and overstating their case, when it has any case at all. What exactly is the kill? Again, I quote from the National Coursing Club Rules:" I do not wish to overstate the case for the Bill. The purpose of coursing is not to kill the hare, and a great many hares escape. Under the rule of the National Coursing Club, it would be wrong if the field used were fenced in to prevent the escape of a hare."—[OFFICIAL REPORT, 31st January, 1967; Vol. 740, c. 254.]
I quoted the whole aspect. I went on:" The kill. Two points or in a descending scale in proportion to the degree of merit displayed in that kill, which may be of no value."
I quoted that from the rules of the National Coursing Club. I could not therefore have exaggerated the position. I made it perfectly clear that the kill was not essentially part of it but that it is in the rules of the club that points are awarded for the kill. Do hon. Gentlemen opposite deny that? Will they say that the kill is not an inherent part of the club's rules? I have evidence—we all have evidence —from the R.S.P.C.A., the League of Cruel Sports and many others who have become involved in this matter, not just because of their interest in those organisations but because they have visited various coursing meetings to discover the facts for themselves, to show that hares become involved in a living tug of war between dogs, that they are pulled apart by the dogs and that sometimes the stewards are not fast enough to get to them to prevent suffering. This is undoubtedly a cruel sport, if sport it be. It is a form of cruelty which we, in a civilised society, should not be prepared to accept in this day and age. I am not arguing whether or not we should extend legislation at this stage—I stress " at this stage "—further, to the whole question of blood sports. I would not cry if ultimately we abolished all blood sports in Britain. Indeed, I would not be ashamed to introduce a Measure to do that. I hope that the House—I am sure that it will—give the Bill every support." The merit of the kill must be estimated according to whether a dog, by his own superior dash and skill, bears the hare; whether he picks her up through any little accidental circumstances favouring him, or whether she is turned into his mouth, as it were, by the other dog."—[OFFICIAL REPORT, 1st May, 1967; Vol. 746, c. 7.]
8.3 p.m.
I am strongly against cruelty and when, two years ago, the hon. Member for Liverpool, Walton (Mr. Heffer), who always approaches matters of this kind reasonably and takes a great deal of trouble in preparing his case, raised this matter, I felt that I should examine this coursing question more closely.
I had never before been to a coursing meeting. I took an early opportunity of attending one in my constituency and I will tell the House exactly what I found and, from that, what is my personal attitude to the Bill. The meeting which I attended took place on farm land where normally hares are shot. There is an abundance of hares in this area and, prior to the meeting, there was no shooting of hares. During my visit there were 25 courses and about one-third of them resulted in the hares being killed. In every case that I saw, death was instantaneous. There was, however, one regrettable incident when a hare, trying to escape, came out of the course and got held up near a hedge by a crowd of people. The hounds quickly came on the scene, snapped at the hare, which died instantly. Having entered the coursing meeting quietly, the audience were not aware of my presence. They were, however, extremely concerned about this incident, because it was contrary to the rules. This shows that we must be careful in considering this matter. In other words, we should be concerned more with the regulation of this sport than with its abolition. That, I believe, is the right attitude for us to take towards coursing. After all, what is the alternative? Being a farmer, I assure the House that hares are a great problem to us, especially if myxomatosis has occurred on one's farm. Prior to myxomatosis the buck rabbit kept down the number of hares by killing off the young leverets, and not in a very kindly way. As a result of myxomatosis, the hare population has been increasing. I do not have coursing on my farms. However, in the late winter or early spring, usually about February, all the local farmers go out for a hare shoot on their adjoining farms. I find that the most unpleasant of the duties that I must undertake. In this connection, it is interesting to note that it was stated in paragraph 280 of the Scott Henderson Report:" Our conclusion about coursing is that it involves no more suffering than the shooting of hares as ordinarily practised. Indeed, there can be no comparison between the lingering death of a hare that is shot at and wounded and the quick death of a hare that is coursed and caught."
I am sure that the right hon. Gentleman is aware of the fact, accepted by the National Coursing Club and mentioned in the Scott Henderson Report, that coursing is no form of control. Thus, if he wants to keep the number of hares down, the alternative is not between coursing and shooting, because coursing does not operate as a method of control.
I think that the hon. Gentleman is being led into a misapprehension as a result of the Minister's quotation from paragraph 274 of the Scott Henderson Report. It is true that, referring to Altcar the report says, in paragraph 274:
In the area about which I am speaking, in Yorkshire, coursing is held where hares are too numerous on the ground. It is, therefore—certainly for us—the alternative to shooting." Consequently, coursing under National Coursing Club rules cannot be justified as a method of controlling hares, and we think that this applies in varying degrees to other meetings ".
I am sure that the right hon. Gentleman does not wish to misrepresent me. The quotation which I had in mind was the one at the end of paragraph 274, which reads:
That referred to " all " coursing and is accepted by the National Coursing Club, members of which I have met." The principal object of all coursing is, however. undoubtedly sport and in our view it cannot be regarded as a method of conrol."
I have quoted from paragraph 274 and, whatever Scott Henderson said, I assure the hon. Gentleman that it is regarded as a method of control. If we were to abolish coursing, the only way to keep down the number of hares would be by shooting. There is no alternative.
Coursing is no alternative, either.
I have no doubt that the hon. Gentleman will have an opportunity later to make his own speech, I hope standing. Sedentary interruptions only delay matters. I have given my point of view, and I stick to it.
The hypocritical point of the Bill lies in the fact that at present there is far more cruelty to farm animals than at any time this century. What is the attitude of the Government towards that? The Scott Henderson Report says that coursing should be permitted and that there is no unnecessary cruelty in it. Some hon. Members may disagree with that view, but that is the finding of the committee. Mr. Christopher Soames appointed the Brambell Committee. It came down quite clearly on the terrible cruelty involved in certain aspects of intensive farming. What has been done about that? The Government have run away from carrying out the recommendations of the Brambell Report. It was a properly constituted committee and said that it was very cruel to have five battery hens in a cage and that the method of rearing veal calves was very cruel. Yet, without any proper inquiries into coursing, this Bill is brought forward in a hurried way.I hope that the right hon. Gentleman will agree that some of us who are most concerned about the recommendations in the Brambell Report, and subscribe to them, are also supporters of the Bill.
I know the worry of the hon. Member for Bristol, North-West (Mr. Ellis). I share his anxiety and worry. I am attacking the attitude of the Government to cruelty as proved by a committee. What did they do? [HON. MEMBERS: " Nothing."] They appointed the Hewer Committee. The hon. Member for Walton, unfortunately, fell into a mistake about the Stable Committee in suggesting that the Field Sports Society was represented on it, but what did the Government do about the Hewer Corn mittee? They put on it a large number of people who go in for intensive farming. When they got that report they watered down the Brambell Report. That hypocritical attitude on behalf of the Government I find very hard to defend.
Let us try to be constructive. We want to try to wipe out unnecessary cruelty. Some people sincerely believe that coursing as practised under properly regulated conditions does not involve unnecessary cruelty. The object is not to kill the hare, certainly not to kill cruelly. The object is to test the ability of the greyhound to jink and do all the rest. The greyhound which actually kills the hare need not necessarily win the course.rose—
The hon. Member for Walton made an appeal to hon. Members not to interrupt him. I have given way to him once. He has made his speech. Let us get as many hon. Members involved in the debate as we can without unnecessary interruption.
I should like to finish the quotation.
The hon. Member wants to quote from the Brambell Report?
No, I want to quote from paragraph 280 of the Scott Henderson Report, which the right hon. Gentleman quoted. That report contradicts itself. At the end of the paragraph, it says:
It is totally contradictory on the subject of cruelty. Mr. Turton The hon. Member expressed that view earlier. I think there is general concern that unnecessary cruelty to wild and domestic animals should be outlawed. Mr. Christopher Soames set up a committee to examine cruelty to farm animals. When that committee, the Brambell Committee, made recommendations, the Government should have made regulations and codes of practice to ensure that intensive farming was carried out under humane conditions. I recommend a similar policy over unnecessary cruelty to wild animals. Before the Bill goes further there should be an independent inquiry into coursing. Following that independent inquiry, regulations should be made on codes of conduct that must be practised to avoid unnecessary cruelty in the sport of coursing and other sports. That would be the correct way to deal with this matter. To follow an intervention made by the hon. Member for Walton, I think it very questionable that hares should be introduced into a certain area in order to be coursed. That to me is quite foreign to the kind of coursing which goes on in my native county, Yorkshire. I beg the House to take the correct line in dealing with unnecessary cruelty. Otherwise, people in the countryside, worried about the way in which domestic and wild animals are frequently cruelly treated, will regard the Government as hypocritical when they find they are rushing this Bill through at this particular time without any proper recent inquiry, with no attempt to regulate, nor even to wait for the report of the Stable Committee. It is a great pity that the Stable Committee was not a Government committee of inquiry and that it was left to the British Field Sports Society to inaugurate it. Is it too late for the Government to take over the work of the Stable Committee and find exactly what should be the codes of conduct for coursing? Unless the Government accept that correct line, I shall vote against the Bill." But that obviously does not apply to the coursing that takes places at, for example, Altcar, where hares are far more numerous than they would be if their numbers were controlled by ordinary methods, and the same is probably true in varying degrees in other places. Consequently, the suffering which is cause to hares coursed at such meetings comes within the definition of cruelty which we have adopted."
8.16 p.m.
A suggestion has been made that this is possibly the first of a series of Bills which might be introduced to abolish blood sports. I sincerely hope that that is so.
I am grateful to the Government for introducing this Measure although it is only a part of the one which I introduced this Session. I look forward to the time when the other half will be introduced. I think it right that the Governmnt should introduce this Bill because it gives an opportunity for hare coursing to be dis cussed and not to be thwarted by clever Opposition Members who use the mechanism of our procedure to thwart the overwhelming wish of the House and the country. In the debate, initiated by my hon. Friend the Member for Liverpool, Walton (Mr. Heifer) on 1st May, 1967, the hon. Member for Gainsborough (Mr. Kimball) said:He was absolutely right from his point of view. From our point of view we think that this is the beginning of a breakthrough which we have wanted for a long time. I am glad that the Government are so " misguided " and that the worst fears of the hon. Member are now being realised. The hon. Member also said:" We know that one real danger would be if the Government were ever misguided enough to introduce their own Bill."
That is quite right. It is the thin end of the wedge." All of us in the countryside who are connected with field sports regard this Bill as the thin end of hte wedge."—[OFFICIAL REPORT, 1st May, 1967; Vol. 746, c. 16–20.]
Does that mean that the sport of fishing is also included?
That is a question of definition. We will deal with that when it arises. I am talking about blood sports. After all, there is a divergence of opinion here. We are dealing with what members of the Opposition call a sport, but what we on this side do not call a sport. We shall have to define each " sport " as it arises.
Will the hon. Gentleman answer my question?
I have done so.
The hon. Gentleman has not.
I understand that many hon. Members wish to speak.
Chicken.
Very apt.
The object of the Bill is simply to abolish a pursuit which is abhorrent to the great majority of the people. As the Prime Minister said recently, it is " a barbarous anachronism ". When my Bill was published, I received hundreds of letters from all over the country supporting it. The postbags of other hon. Members were also taxed. In answer to a Parliamentary Question, the Prime Minister admitted receiving more than 2,000 letters on the subject. The claim by the opponents of the Bill that this is a conflict between the townee and the countryman is not true. Practically all the letters I received came from the countryside. will read just one of those letters. It comes from Wadhurst, Sussex, and sums up the case:Dear Sir,
Support has come from many animal welfare organisations. I give special credit to the League Against Cruel Sports, which has carried on the campaign ceaselessly. Religious bodies of all denominations have added their voice to abolition. In January of this year a Gallup Poll on attitudes to blood sports showed an overwhelming majority in favour of parliamentary action to abolish hare coursing—62 per cent. voting for and 16 per cent. disapproving. A number of pamphlets and documents have been quoted. I shall quote from one which hon. Members have received recently. It is called "The Furry Few" and was written by Mr. P. A. Sweeney who purports to defend blood sports. If he is defending blood sports, they need another advocate. On page 14, he describes the way of the animal world, of the predator and the prey. He contrasts the wild animal which hunts for food that means survival with the domestic animal which hunts for the sake of it, and says:Re coursing of hares. If Members of Parliament had heard the screams coming from the hares when being torn apart by two dogs like I have I do not think they would hesitate one moment whether coursing should be banned or not. I when a boy lived on a farm of a thousand acres. Coursing used to take place in the fields and on the marshes. I have seen and heard the hares screaming when caught by one dog and the other dog pulling the hare in the opposite direction. That goes on until someone catches up with them. One wonders if they are human beings sitting in Parliament that agree with coursing. I am aged 78 and I can still visualise the agony and pain those hares suffered. So many sit and judge on a subject which they know nothing about. That applies to Members of Parliament. I have seen coursing and I know."
That is true. Our ancestors hunted because they had to: they hunted for survival. Is it necessary in this day and age that the city gentleman, or, for that matter, the country gentleman should emulate the fat neutered tabby? What kind of people are these that defend sports such as these? Can we accept Mr. Sweeney's assertion that"Perhaps the most common examples of predator and prey familiar to urban people are the cat and the mouse. The feral mountain cat of Scotland is obliged to hunt for its food for survival, but the fat neutered cat in the comfort of a Chelsea flat will hunt and kill rodents, birds and fishes merely for the sake of the chase."
I might be prepared to agree with that. I freely admit that I have not met such people. I have met people who have been coursing and who did not think much of it. Mr. Sweeney's description would hardly be shared by three housewives, members of the League Against Cruel Sports, who recently went to witness the Waterloo Cup meeting at Altcar. There, they were threatened with being dumped in a ditch if they interefered—not exacly the actions of sporting gentlemen. Mr. William Hickey, reported on that meeting at Altcar, wrote as follows in the Daily Express onTuesday, 24th February:" coursing enthusiasts are among the most honourable people and sporting types"?
no doubt a country gentleman—" Mr. Brian Cheetham, a 42-year-old Manchester cotton boss "—
Coming closer to home, it is worth while examining thebona fidesof some hon. Members. In doing so, I return to the debate—I almost said "that famous debate "—which took place on 12th December, 1969, the debate on the Conservation of Seals Bill. There are a number of hon. Members present who were here then. They will recall the filibuster designed to talk out my Deer Hunting and Hare Coursing Abolition Bill. They will also recall how vigorously hon. Members denied that the prolonged debate was due to their desire to talk out what was coming next. Some of them said that they were there to talk on the Conservation of Seals Bill or even oppose it. The hon. Member for Harborough (Mr. Farr) told Mr. Speaker:" and a courser for 14 years, was in no doubt about what should be done with any demonstrators. 'I should not be sorry if they were put in a ditch of cold water', he said. 'They seem to protest for the sake of protesting. It is nonsense to say the sport is cruel."
To give him his due, he voted against the Bill, but it was rather a different story in Committee. It is true that the hon. Member raised some valid Committee points about the size of the bullet—I am not a countryman, and do not understand the difference between one sort of bullet and another —and whether one should aim at the seal when it was moving rapidly through the water or when it was stationary. But when the hon. Gentleman referred to his hon. Friend the Member for City of Chester (Mr. Temple), who sponsored the Bill, he used such words as"… some of us who are anxious to catch your eye are very much opposed to this Bill in detail and in principle …. and if we are successful in speaking later we will prove that point to your satisfaction and that of the House."—[OFFICIAL REPORT, 12th December, 1969; Vol. 793, c. 862.]
A little later he talked about the " admirable Bill ". Surely anyone opposed in detail and principle could hardly refer to the Bill as admirable." whose initiative in producing the Bill we all congratulate ".—[OFFICIAL REPORT,Standing CommitteeC, 25th February, 1970; c. 13.]
One refers to one's colleagues' Bills as being admirable automatically, just as I refer to the hon. Member for Ilford, South (Mr. Arnold Shaw) as an hon. Gentleman by custom, automatically. Perhaps he would say something about the Third Reading debate and Report stage of the Conservation of Seals Bill on 17th April—
Order. It would be out of order to proceed with a discussion on that Bill.
I follow your point, Mr. Deputy Speaker, but the hon. Gentleman suggested that I had no interest in opposing the Second Reading of that Bill. I think that he will admit that both on Report and Third Reading I initiated debates on it.
I am prepared to accept that in certain detail the hon. Gentleman was opposed to the Bill, but I do not accept that anyone using phrases of the kind I have quoted can be opposed to it in principle.
Now we come to the curious behaviour of the hon. Member for Gainsborough (Mr. Kimball). [An HON. MEMBER: " Get on with it."] I am trying to get to those people who, in effect, are opposiing the Bill. On 6th November, 1969, I had a letter from the hon. Gentleman, on House of Commons notepaper, asking me to use my place in the Ballot to take up the Bill eventually sponsored by the hon. Member for City of Chester. The hon. Gentleman stated in this invitation that the Bill had the support of competent naturalists, which I certainly accept. I replied on 11th November regretting being unable to accede to his request as it was my intention to promote a Bill to ban staghunting and hare coursing, and I added, with tongue in cheek, that I would be grateful for his help. Back came the reply, but this time on British Field Sports Society notepaper, and I must quote from it because it is rather apt. He said:The hon. Gentleman voted against the Seals Bill. I assume that he of all hon. Gentlemen regards himself as a competent naturalist and certainly as a countryman. But perhaps the most despicable action of all— Deputy Speaker. Are we discussing the Hare Coursing Bill or the Seals Bill?" Thank you for your letter of 11th November. There is all the difference in the world between the Seals Bill, which has the support of competent naturalists and countrymen, and the Bill which I believe you intend to introduce under your Ballot place."
Order. I was about to draw attention to the fact that the hon. Gentleman is going a little wide of the Bill before the House.
The question of cruelty in hare coursing has been adequately dealt with and I am trying to establish thebona fidesof those hon. Members who are opposed to the Bill. I feel that the House will be persuaded that, in effect, the opposition to it will be bogus. Perhaps the most despicable action of all was the blackmailing of the R.S.P.C.A., through the threat to challenge its charitable status if it actively supported my Bill. I can only conclude that such people would naturally be found in the vanguard of the movement to preserve the right to indulge in blood sports.
rose—
The House has much business to deal with today and many hon. Members wish to speak. Brief speeches will help the Chair.
8.35 p.m.
I am certain that all country men will be grateful to my right hon. Friend the Member for Ashford (Mr. Deedes) for the way he opened the debate from this side of the House and the tone he set and the arguments he developed, which I am confident will be used in many similar discussions of field sports for a great many years to come. I shall deal with the points made by the hon. Member for Ilford, South (Mr. Arnold Shaw) later in my brief speech.
I want to make three points on behalf of the British Field Sports Society and the National Coursing Club. First, I ask the Joint Under-Secretary of State why the Government have departed from their neutral position on this issue. In moving the Second Reading he did not really make his case. If it was so important that the House should have a chance to reach a decision, why was it not done on a Private Member's Bill? Why did no hon. Member who had a place in the Ballot think the Bill worthy of giving it one of the first six places? Secondly, why could not the Government wait until the report of the independent inquiry, set up with their full knowledge, under Mr. Owen Stable, has been completed. The hon. Member for Liverpool, Walton (Mr. Heffer) will be asked to give evidence. I understand that the field work of the inquiry has only just been concluded and that Mr. Stable has another very important inquiry to complete, which has delayed him in getting on with this one. Thirdly, why, if the Government were going to act, did they not legislate along the line of the Scott Henderson Report, which would be more than acceptable and, indeed, welcome to the National Coursing Club and all other sports? As my right hon. Friend said, the Government redeclared their neutrality in 1966. This was confirmed again by the Minister of State, Home Office, in February, 1968. I remember the interview I had with the Minister of State then. It was at the time of the trawler disasters and hon. Members will recall what a great public outcry there was about the safety of our trawlers in the North Sea. As I left the Home Office, the Under-Secretary of State said to me, " You see what I mean? If you have an incident which encourages a subsequent public outcry in any field sport on the scale we are enduring at the moment, I think the Government would have to act." What incident has there been in coursing which makes it necessary for the Government to act? What outcry has there been—and I mean genuine outcry? In fact, there has been no genuine outcry. What the Government and hon. Members have suffered from is an organised campaign which has been mounted against this sport and described by some as sired by bias out of ignorance—a campaign which has avoided setting the facts in their proper perspective, which has made frequent use of the unfamiliarity and ignorance of the general public about this very small sport, and which has cleverly cashed in on our animal-loving, pet-keeping and humane society. The Home Office has a long experience in dealing with campaigns. Look how well it stands up to pressures on vivisection and ritual slaughter! Why has it not been able to stand up to this campaign? Hon. Members should appreciate the extent of the distortions to which the campaign has run. Even one respectable newspaper claimed after the Waterloo Cup the other day that hares were torn to pieces. I took the trouble to get the receipt from the poulterer to which the hares were sold afterwards and in fact they were not torn to pieces. This is a familiar pattern of propaganda. Propaganda is poured out ceaselessly on one point. Biased pictures are suddenly produced, sensational articles are published, and in this particular case an even more sensational record, and finally the House is faced with a Private Member's Bill and then a Government Bill. Members are being asked to make a judgment on this sport and yet they have consistently refused to go and see for themselves. I think I am right in saying that even the hon. Member for Ilford, South has not been to a coursing meeting. Few, if any, hon. Gentlemen opposite have even bothered to answer the invitation which has been extended to them to attend a National Coursing Club meeting. Only two Members have been since this Bill was announced. Since then —I must be fair—two senior members of the Government have expressed a willingness to attend a coursing meeting, but unfortunately the announcement of this Bill came after the end of the coursing season so it was not possible to provide this facility. The hon. Gentleman will argue that one does not have to see a murder to know that murder is wrong.There were three hon. Members who went to Altcar, and I was one of them.
I apologise. But three out of 300 Members is all who have bothered to go.
The hon. Member for Walton and his friends have argued that they do not have to see a murder to know that murder is wrong. This is no argument. We all accept that murder is wrong. But after all, a very respectable body of people and a large number of knowledgeable countrymen who support coursing have an opinion contrary to hon. and right hon. Gentlemen opposite. We have had an inter-Departmental inquiry which, if my reading of the summary is correct, said that coursing did not introduce into the life of a wild animal a cruelty which was not normally there in nature. Hon. Members say that their postbag is overwhelmingly against coursing. But who, if they live in the middle of Birmingham has an opportunity to go coursing. to see coursing, or even to understand the countryside? They do not have a chance to live close to nature like people in the countryside. They do not see the carnage on the roads in the early morning. They do not appreciate that nature and the countryside is very cruel and the most any animal can expect, if it is very lucky, is to live long enough to procreate itself. In dealing with the second criticism that we have of the Government, why they did not follow the Scott Henderson Report, the right hon. Gentleman the Member for Thirsk and Malton (Mr. Turton) did not actually develop this argument to the full. What Scott Henderson said was that the Home Secretary would set up an advisory committee for each sport and that the rules of each sport should be deposited with that advisory committee. I have constantly told successive Home Secretaries that the governing bodies of all sports under the British Field Sports Society are ready and longing to deposit their rules and would welcome Government action along this line, which would be followed by amending the Cruelty to Animals Act so that conduct not according to those rules could be prosecuted. This would deal with the case that the hon. Member for Walton has always quoted, that when he went to a coursing meeting the hares were being slipped at only 30 yards until such time as he arrived. If it was true, he could take action if the Scott Henderson recommendations were followed. I hope that the Under-Secretary will seriously consider taking action along these lines. Hon. Gentlemen do not realise how strictly the rules governing any sport are enforced. The sanctions for breaking those rules are enormous. In most sports there are considerable financial sanctions and in coursing, if a person ever has his dog in a course not properly run according to the rules, he would be forbidden to register it in the stud book and he would not be able to sell it or its progeny. The rules of the National Coursing Club are the oldest rules governing any sport in this country. Of course, they are a bit out of date. They were amended in some aspects in the light of Scott Henderson. The rule about " pickers-up " was put in Rule 21. The rules about photography were put in recently and are in line with the rules in the rule book of the National Hunt Committee. This rule book does not deal with the problem of the motor car and equally it has to be amended to deal with the campaign of distortions now being carried on against coursing. The rule book has to be amended so that the stewards' report of any meeting will be in such a form that we would be able to prosecute the hon. Member for Walton for the allegations he made at the meeting he attended. My third point has to do with the Stable inquiry. The Under-Secretary mentioned the first three terms of reference. These are to do with conservation and management of the hare, breeding and training of the coursing dogs and the inter-relationship between coursing and greyhound racing. Paragraph (d) is particularly important in view of the arguments advanced from the other side of the House. I understand that the field work has been completed this coursing season. I am glad to see the hon. Member for Walton in his place, because I am confident that he will receive an invitation from the Committee which is hoping to report by the end of the summer. The important thing about the Stable inquiry is that it will build on the work of Scott Henderson which only looked at the Waterloo Cup. How typical is Altcar of coursing? What is the difference between driven in and walked up coursing, whippet coursing, saluki coursing and the coursing of Blue Mountain hares in Scotland with the deerhound? All of this will be covered by the Stable inquiry and was not covered by the original Scott Henderson inquiry. No one can inquire into a country sport today without developing the conservation argument. The point has already been made that the National Coursing Club did not develop this argument 20 years ago. In any review of coursing conservation must come in and we must consider the changes in the countryside, the destruction of habitat and the need for control and management. What is clear is that abolitionists would welcome the extermination of the species rather than that it should be conserved through sport. This is the evidence they gave to Scott Henderson. The effect of coursing is to produce fine strong hares and to kill off the weaker animals. It is not recognised as a conservation policy yet by the Coursing Club, but it is precisely what professional conservationalists would like to do in dealing with other species in this country. In coursing areas land management is properly organised to ensure a good supply of hares. It is only in those areas, certainly in the East Midlands, where this is practised, that hares thrive. I have tried to show that the Bill should not be given a Second Reading. There is no logical case. Here is an activity which has been going on for centuries and has given endless pleasure to many country folk. Now it is to be made a crime. It is wrong to say that we live in a permissive society. We live in an intolerant society. Intolerance has led to a campaign of misrepresentation which, for misguided political motives, the Government have adopted, thus lowering the standards of a very great Department of State. No attempt has been made in the Bill to follow the recommendations of the committee of inquiry set up in 1951. That such wrong-headed principles can be put into legislation means that all and every country sport is now in danger. The arguments in defence apply to them all. The Bill, as the hon. Member for Ilford, South said, is the thin end of the wedge. We will fight against it to defeat it with all the means in our power.8.50 p.m.
The hon. Member for Gains-borough (Mr. Kimball) spoke of the updating of the rules and, in attempting to show how much more akin to people's thinking the rules are becoming, he instanced one of the latest rules which prohibits photography at meetings. Anyone who knows anything about the way in which the National Coursing Club runs its affairs knows perfectly well that that rule was adopted to conceal the club's activities, and the effect of those activities upon people who have tried to take photographs has been considered in hushing up what has actually gone on to the shame of the club and to those who take part in it.
The hon. Member for Gainsborough mentioned the emotionalism that is inevitably linked with this subject. In that, he is completely right. There cannot fail to be a great deal of emotionalism when we are considering cruelty and pain unmitigated by the work of the National Coursing Club. Whereas we in this country were once rightly proud of what we did in preventing cruelty to animals by various acts of legislation, time has not stood still: other countries have been following our example and have rapidly been catching us up. Many countries have legislation controlling cruelty to animals in a manner not appreciably worse than ours and possibly in a few cases more advanced than ours. So our position as the forerunner and advance guard in preserving the dignity of animals, while understanding the limitations, has changed. We need now to consider the next step. The legislative story started with the Act of 1822, when the cruel and improper treatment of horses, mares, geldings, mules, asses, cows, heifers, steers, oxen, sheep and cattle was banned. The penalty for contravening the Act was a sum not exceeding £5 nor not less than 10s. That £5 was higher then than the £100 penalty suggested in the Bill.A hundred years of Tory inflation!
Years of Tory inflation I accept, but no one can say that the penalty is fixed too high.
The next landmark was the Act of 1911. Clause 1 banned definitively bear-baiting and cock-fighting—Bear-baiting and cock-fighting were banned in 1845. The Act was consolidated in 1911.
Because the position was not clear, the 1911 Act was brought in to clarify it completely, and a very useful Act it was.
I introduced my Bill in the 1968–69 Session and I received a large number of letters from people in rural areas, towns, universities, workshops, factories, trade union branches, organisations, Women's Institutes—the whole range. I am sure that even hon. Gentlemen who support hare coursing also received similar letters. I received a letter from the University of Leicester Conservative Association in full support for the Bill that I was attempting to get through Parliament at that time. We all know that even in the Conservative Party there are large numbers of people throughout the country, perhaps not including many of those who are represented in this House, who would like this Bill to be given a Second Reading. I should like to quote from two reports by the R.S.P.C.A. I quote, first, from the report of Inspector No. 88 of a hare course meeting which took place on 29th October, 1968;The second extract is dated 15th October, 1968, and is as follows:"… the greyhounds coursing both caught the hare. One dog had hold of one rear leg, the other dog had hold of the front leg. The hare was squealing. Another hare then started running. The dog holding the rear leg released it and started to chase the other hare. The dog holding the front leg also gave chase, still holding the hare. I estimate that the time the hare was held was about 30 to 45 seconds. The hare was finally dropped and it staggered and then ran off over a part of the field that was ploughed. One man who ran after the hare said on his return that the hare had disappeared and he could not find it."
This is what goes on in hare coursing. I am sure that hon. Gentlemen will recognise this as a fair description of the kind of thing that can take place at these meetings. We must also remember the number of people who take part in these events. The one that I visited with my hon. Friends the Member for Liverpool, Walton (Mr. Heffer) and the hon. Member for Heywood and Royton (Mr. Barnett) was attended by 20 or 30 people. This is typical of a small meeting and is the figure mentioned in the Scott Henderson Report in paragraph 265. It is also came to the conclusion that about 50 per cent. of the hares were killed at most of these meetings. This may be a little on the high side, but, clearly, it is a substantial number. It is not a rare occasion that a hare is killed. It is a frequent event. The way in which the killing of hares takes place in such a cruel way is an indictment of the way in which these meetings are controlled and the sport is organised. The control of hares is not the reason for coursing. Many unpleasant things occur to animals. Realising the nature of pain that is caused to animals, it must be our task to minimise it. We all know that there is a choice between the rights of animals and the needs of man. Unfortunately, the needs of man must come first. This is based on no particular logic, but only on the expedient consideration that we are meat eaters. But the rights of animals must be considered. We consider that matter in terms of animals as pets, as food for human consumption and in all sort of ways. The needs of man must not obliterate the rights of animals. When we consider the needs and convenience of man, I suggest that no one could say that we should put this sport, for want of a better word, in the same category. When we consider hare coursing, we must accept that the only advantage to man is the pleasure that he may get out of it. To say that the needs of the animal are subservient to the pleasure obtained by man is to exaggerate the case. We all know the argument which has been advanced from the benches opposite. It is what I call the " thin end of the wedge " argument. A number of hon. Gentleman opposite will vote against the Bill because they believe that it is the first of a number whereby legislation will come before the House to restrict the other blood sports which are a stain on the way in which we conduct our affairs. If that is the sole objection of hon. Gentlemen opposite, I ask them to mitigate it on this score alone. Hare coursing cannot be compared with other blood sports. It cannot be compared with foxhunting. Foxes are pests and they have to be kept down. The argument is whether that should be done by shooting, hunting, or trapping, or by other means. Hares are not pests, except in rare cases. Here, we have a situation which is more akin to cock-fighting and bull-baiting than to fox-hunting. If hon. Gentlemen opposite were clever and sensible, which they are not, they would forgo this one because it is linked more with those so-called sports which have been banned in the past than any which are to be banned in the future. Hare coursing is utterly indefensible. We are debasing animals, debasing ourselves and inflicting pain on animals solely for our own pleasure. We are not doing it for our need and convenience. Here is an exact parallel with cock-fighting, bull-baiting and bear-baiting. Hare coursing lies very much in the early years of the 19th century as a suitable subject for prohibition rather than in the 20th century, when we might have to deal with other matters in due course. Even given the assumptions of hon. Gentlemen opposite, they are wrong to make their stand on this point. They should have let it go and retreated to fight the others. We have heard it said from the benches opposite that few hon. Members on this side have seen the coursing of hares. I want to give a brief description of the situation which my hon. Friends and I saw in January or February of 1969 at Altcar. We arrived unannounced and unnoticed. We found ourselves in a field of about 1,000 acres. We tried hard to avoid being conspicuous, and we were wearing clothing similar to that worn by other people present. Between 20 and 30 people were in attendance. I have the card of the course, and it is numbered " 16 ". We arrived two hours after the meeting had begun. This is an indication of the number of spectators present on that occasion. It was a fairly pleasant day, the kind of day on which one would go coursing if so inclined. The weather was good. As soon as we arrived we saw a hare being coursed. The hare was caught by both dogs, one at the foreleg and one at the back leg, and there was a tug of war. A second course took place, but the hare managed to get away. We were then spotted. It is easy to see why we were spotted, although we did not look so conspicuous. People travel round the country from place to place to attend these courses and they know each other. The assertion that this is a local sport for local landowners, farmers and land workers is nonsense. It is difficult to discover where coursing is being held. The local people do not know, because they are not interested. This is a wealthy man's game. Small numbers attend these courses, with dozens of beaters beating the hares out. I repeat, it is a wealthy man's game." During the afternoon session two dogs chased the hare right to where I stood and they grabbed it about 25 yards in front of me. I had a pretty good close-up this time and the hare was in the jaws of two dogs. One had the centre back, the other held to the top of the hind quarters. There was some powerful pulling and the hare was squealing. Concern was noticed by me of the men and two or three of them ran hard to the spot. As it was difficult to grab the hare from the dogs, one man quickly put his foot hard down on the hare's head."
No.
I will read through the list. These are the owners in the United Produce Stakes which took place on Thursday, 9th January, 1969: the Earl of Sefton, Mrs. Bobs Lucas, the Earl of Sefton again, Mr. R. de Larrinaga, Lady Hudson, the Earl of Sefton, Mrs. M. W. Evans, Lord Rank, and so on.
The shop stewards!
The shop stewards might have been almost as conspicuous as we were.
Clearly, amongst such company a Member of this side of the House would stand out. We stood out because it is not a local sport. It is a sport indulged in by people who travel round the country and know each other from going around. They use various places because they have hares, and where there are hares they have their courses. We saw this taking place. But, as soon as we were spotted, they called the lunch interval. We saw two courses only, and then the lunch interval was called. After lunch the whole thing changed. The rules —I have a copy of the rules—state that the nature of the ground should be such that the length of the slip—that is, the length between the hare in movement and the releasing of the two dogs—should never be less than from three to four score yards, 60 to 80 yards. It is a measure of the approximation of these things that the hare travels at about 30 miles an hour, and it is difficult to measure the distance between the lead given to the hare and the dogs at the beginning of the event. When we arrived we estimated that it could be between 40 and 80 yards. However, as soon as the lunch interval was over and they were conducting the event in the knowledge that three Members of Parliament, or three strangers, were present, and they realised the purpose of our visit, the lead increased to over 100 yards on the best estimate that we could make, and the dogs did not have a chance. The hare just ran off into the field and the dogs were almost driven into the ground. Therefore, it is important that visits should be unannounced, because it is extraordinarily difficult to find out what goes on. There is a new rule about photography. Is this to improve the game, to improve the sport? No. It is because they know exactly what goes on. They know that. unless by chance one of the dogs gets hold of the neck of the hare and kills it outright, the dogs will catch hold of the part nearest to them, which is usually one of the legs, and from then on the animal is in torment and the sport is there to be enjoyed. I do not say that that is the moment of great triumph for all those watching, but it is an inescapable part of the operation of this sport. My hon. Friend the Member for Walton said that the rules provided for a certain number of points to be given for the kill and the manner of the kill. When I asked whether this sport could be made less barbarous, I was informed by the National Coursing Club that there could be no change, that dogs could not be muzzled, that courses could not be changed, and that the rules could not be altered, because if they were coursing as it was known would come to an end, and I think that the club is right. The thing which is enjoyed either has to be abolished, or it must be allowed to continue. I believe that if we are to take our place again at the forefront of the countries which have made advances in animal welfare, and in the protection of animals, we must end this cruelty.9.11 p.m.
Unlike the hon. Member for Ashton-under-Lyne (Mr. Sheldon), I shall try to be brief, because we began this debate later than we would normally have done, and I know that many hon. Members on both sides wish to speak.
I shall pursue a little later the point made by the hon. Gentleman at the beginning of his speech, about the recent deficienies in legislation in this country on the subject of animals compared with that in other countries, when I hope to make what I trust the House will accept is a constructive suggestion for the future handling of legislation on this subject. To begin with, if the hon. Gentleman will allow me, I shall not follow him, but will get back to the merits and consequences of the Bill, which I think have been a little lost sight of in some of the recent speeches to which the House has listened. The hon. Member for Liverpool, Walton (Mr. Heffer) will be relieved to hear that I do not intend to repeat what I said in reply to him when he brought forward his Measure, but I want to repeat, as it is crucial, the first point that I made on that occasion. The Bill will not prevent coursing. It will prevent coursing matches. It will prevent coursing as it is conducted at Altcar. It will prevent coursing as it is conducted under the rules of the National Coursing Club, but it will not prevent people from running dogs after hares. The Minister of State, who has had to go away to get his dinner, was quite specific about this. Whereas at present comparatively few people go out casually and run a dog after a hare, if the accepted form of the sport is prohibited it is likely that the irregular and casual form of it will increase very much in popularity, and with it will increase the amount of undesirable practices which the carefully drawn and studied rules of the National Coursing Club are designed to prevent.That kind of coursing will be totally illegal when the Bill becomes law. The Bill is drawn in such a way that it will be illegal for people to carry out that kind of coursing. The only thing that will not be illegal is if two people, at a given moment, though not by design, let their dogs go after a hare had appeared. If it is competitive coursing, it will be illegal.
I hope that we shall get this clear from the Government. I listened carefully to the Minister, and I thought he was explicit that coursing matches would be banned, but that coursing not under the rules, not in the context of a match, but of letting a dog go after a hare would not be illegal. If that is the case, then that practice will increase.
Coursing is a very ancient sport. It owes its origins, I suppose, to the days when a man let loose a couple of dogs after a hare to get something for the pot. But it is interesting that, as long ago as 2,000 years, the object of the sport had already changed from the capture of game, the filling of the pot, to interest in and enthusiasm about the performance of the dog. The expression " pot-hunting ", which most of us know in the context of going around trying to pick up prizes, is itself a coursing term. It originated among the coursing fraternity, where it was used as derogatory to those who approached the sport in a spirit of wanting to catch hares, as opposed to taking pleasure in the performance of the long dog. I can readily see, as can the House, I think, that for those who go in for this sport—I am not one—there is something compellingly attractive about the dash and the grace and the speed of a couple of greyhounds. We do not need to have passionate views about the cruelty or otherwise of the sport to appreciate this. It is a rather amiable characteristic of the British people that they get very keen about the habits and characteristics of all sorts of animals, from budgerigars to tropical fish, and especially about dogs. It is not surprising that the performance of a magnificent animal like the greyhound should capture people's imagination and grip them and that they should come to develop enthusiasm about it. Given that the Bill will continue to permit the legality of people enjoying the performance of a dog after a hare, so long as this is not done in competitive conditions, I am pretty clear that the practice will continue. I think that it is likely to increase. A letter recently appeared inThe Field,quite unconnected with this present controversy, headed, " Coursing with lurchers "—[An HON. MEMBER: " With what?"] Lurchers. They are not pure greyhounds, but are greyhounds crossed with a dog that can use its powers of scent. They use their noses as well as their eyes in pursuit of their game. This letter reads:" I do not know the extent of your past correspondence on lurcher coursing. I and several friends have for the past three winters made headway in joining together for some sport with 'running dogs' as often as time allows. A dozen of us can field two dozen runners. The sole rewards are the sport and good health. Betting and stakes are banned.
That letter was written to illustrate the growth of a new form of coursing. This and kindred practices will grow. This means that whereas coursing conducted under the auspices of the National Coursing Club, with the safeguards of the club rules, will be banned, coursing not subject to such safeguards will be able to flourish, and is likely to. The lurchers course the hare to death. They use their noses when the hare runs out of sight, and there is a kill in every case. Coursing that is not done under the rules will be done in conditions which make it unsuitable for the hare to run, when it is too frosty or too muddy. It will be done without the safeguards of people posted to, despatch the hare quickly if it should be clumsily caught by the dogs. There will be cases, which I believe are minimal now, of the kind of thing described by the hon. Member for Walton as a living tug of war. I ask the Minister to tell the House quite straight the answer to this question. He said that it was desirable to ban the sport of coursing on grounds of cruelty. What is it that is acceptable in point of cruelty about the kind of coursing I have been talking about, which will continue to be legal, which is not acceptable about the kind of coursing done at the Waterloo Cup under the rules of the National Coursing Club? It is the declared object of the Bill to lessen cruelty. But it simply will not achieve that object—rather the reverse. I shall vote against the Bill because I consider it to be a sham. We are not sent here by our constituents to vote for Bills which are a sham, even in the last weeks, or it may be the last days, of a Parliament. I wish to end with a suggestion that I hope the House will accept as an attempt to be constructive. We are in a situation which presents genuine difficulties as regards this Bill and others along the same lines which may follow, certainly for Home Office Ministers and probably for hon. Members on both sides. I beg hon. Members not to underestimate these difficulties or the extent to which they may grow. They arise not just in the context of this Bill, but in the context of field sports generally, and I think that they will be with us for some time. They arise because there is a strong, rich and energetic organisation outside the House campaigning against field sports and mobilising public opinion. This is big business. Let the House make no mistake about this. It has plenty of money and a large staff, and its coffers are continously replenished. Against that, there is an equally determined organisation, the British Field Sports Society, resisting those efforts. In sum, a great deal of time, money and ink is being spent. We know that Ministers are most unhappy about the Bill and about its consequences, but the fact remains that there has been—We realise that our sport is not recognised as open coursing, but we do challenge a world record. It is said that the longest course is 4 minutes 10 seconds in theGuinness Book of Records and the Badminton Diary.On Mr. Nicholas Playne's farm at Aunsby, two running dogs covered one and three-quarter miles. That gives a course time of just over 4 minutes 52 seconds."
What does the right hon. Gentleman mean by " unhappy "?
I said that we know Ministers are unhappy about the Bill. I know that because I have talked to hon. and right hon. Members opposite and I know that they are not particularly happy about the situation. There is, none the less—
rose—
Give way.
There has been put upon them what has amounted to irresistible pressure from public opinion and from hon. Members opposite to legislate in this sense. I do not think that this is an easy situation. I think it a good rule in politics, when this kind of situation exists, to consider ways and means of taking the steam out of it for the future.
I do not believe that this Bill will take the steam out of it, because, if it goes through, the next objective of the campaign will be a similar or parallel Bill and public opinion will be mobilised once again. Here I disagree with the hon. Member for Ashton-under-Lyne, because I do not believe that the distinction between this Bill and others based on degrees of cruelty is supportable. I do not think that distinction can be made. We shall have a situation which will be embarrassing for hon. Members, and for Home Office Ministers in particular, in which we are likely to get continuous pressure and a head of steam which the passage of this Bill will do nothing to relieve. One of the basic reasons for this situation, as the Scott Henderson Committee recognised, is that those who object to field sports at present have no remedy at law. They have no remedy at law to register such protests as they may genuinely feel they should make. We have legislation dealing with the question of protection of domestic and captive animals from cruelty. There is no legislation dealing with the position of wild animals or providing protection for them from what may be considered excessive cruelty. It follows that those who allege such instances or feel indignation that they may exist have no redress. I think the Scott Henderson Committee was absolutely right in recommending that this situation should be coped with. The Government should consider extending the protection of the 1911 Act dealing with wild animals with the provisos mentioned by the committee. I would take the matter out of politics and put it in the courts. Instead of having this continuous pressure on hon. Members, and from them on Ministers, instead of having the continual difficulty of trying to frame sensible laws in conditions in which I believe it is not possible to frame them, these matters should be brought before the courts and the courts should decide on particular instances according to the evidence. I seriously believe that the Government should consider doing this. There will be difficulties, but I do not think that they will weigh much against the kind of difficulties which will arise from this Bill and which, I am sure, will crop up in future as a result of pressure for similar Bills. The Government should consider legislation on the Scott Henderson lines, or at least consider setting up another Committee to investigate the matter. To me, this is a matter of the liberty of the individual. A few of my constituents—not very many admittedly, certainly not very rich and not very influential but none the less an articulate few—enjoy going coursing. They are thoroughly decent, law-abiding Yorkshire people, the last sort of people I should have thought the Home Office would wish to fall foul of or go out of its way to upset. They cannot understand what they take to be the values of this present Parliament, which seems to them to have promoted and condoned conduct and manners which they deeply deplore in other spheres and to be picking on them simply because there are fewer of them. I think that they are right. I shall vote against the Bill.rose—
I remind the House that many hon. Members wish to speak. I have appealed, so far without conspicuous success, for brief speeches.
9.30 p.m.
I hope that the Minister will pay attention to the very wise speech just delivered by the right hon. Member for Harrogate (Mr. Ramsden). The right hon. Gentleman is of the countryside; he knows it; he has lived with animals all his life and has learned to love them, as in a measure so have I.
It has been said that this is a nation of animal lovers. It is true that within this nation as rarely elsewhere there are people who are prepared to devote their lives to the services of animals—their dumb friends, whatever one likes to call them. They staff animal health dispensaries. They staff pony clubs, where so much has been done to get decent treatment for the ponies. They police the rules against export for slaughter. They campaign on the question of poisoning in the countryside. Among animal lovers in this sense the promoters of the Bill are not to be numbered. Nor have they been active in outlawing the really great cruelties which still occur. The use of explosive harpoons in hunting the whale is bringing about the extermination of this great and highly intelligent mammal. Then there is rat and mole poisoning. I remember the agitation there was against the poison given to the rat so that he should not die in his hole where he would stink; so he was given phosphorus which caused in him such thirst that he then went and drank and destroyed himself by the medieval water torture, because he got water in until he burst. We have succeeded in getting phosphorus and red squill poisoning banned, but still not enough, and nothing like enough, has been done to deal with the poisoning of the rat which is a far more intelligent animal than the hare, although perhaps not as emotionally attractive. Strychnine is still legally used against the mole—by God, that is cruelty. Then there are the recommendations of the Brambell Committee on factory farming. None of those matters is touched, because it would mean hitting strong interests. Coursing is being hit, not because it is cruel, but because it is weak. Even within field sports it is not selected for humane reasons. Take fishing, there is the putting of the barb into the mouth; the pleasure is the struggle against that torture, the more attractive the longer it lasts. In the case of coarse fishing, the fish is pulled out and the barb removed; then the fish is thrown back because it is not wanted, except to be tortured again. Nobody touches that. The interests are too strong. Then there is shooting. Shooting does not kill instantly in anything like the majority of cases. There are wounded that get away, particularly in a hare shoot. I thoroughly agree with the right hon. Gentleman the Father of the House —the right hon. Member for Thirsk and Malton (Mr. Turton)—that a hare shoot is a horrible thing. I once saw 600 hares shot at a single shoot, but I do not think that one-third of them were killed instantly. They were brought in by dogs, not dogs which strike like a greyhound and generally kill instantly but dogs trained to use a soft mouth for carrying birds. Mostly they brought the hares back alive, and often the hares broke away from the dogs and had to be retrieved several times before being brought to hand. I am not talking about what happens to a few hares at a coursing meeting but to what can happen to literally hundreds of hares in a day at a shoot. I am told by some hon. Members that hare coursing is not an alternative to this sort of hare shooting. In a sense, when we are talking about control we are really talking about what level of population will be tolerated by those who produce the food which hares eat. If there is coursing because it is a sport, the farmer will tolerate a far higher level of hares than he would otherwise allow. In any event even within hare hunting it is not the inhumane but the humane that would be banned by the Bill. My hon. Friend the Member for Liverpool, Walton (Mr. Heffer) has obviously not read the Measure thoroughly.I certainly have.
Then he has not understood it, because the Bill provides that one can course as much as one likes as long as one courses to kill the hare. One can not course to test a greyhound, without wishing to kill the hare. This means that the precautions which the National Coursing Club's rules are designed to have to protect the hare are being removed by the Bill. That is all the Bill does.
This is not a Bill which the hare would vote for if he were here. Frankly, those who are producing the Bill do not care a damn about the hare. [Interruption.] This must be said and I am saying it. There are other reasons for this Measure, one of them being back bench frustration.My hon. and learned Friend is an expert at that.
When one is successful in the Ballot one is often in difficulty to think of something to do with one's luck.
This really is not good enough.
Order. The hon. Member for Liverpool, Walton (Mr. Heffer) was heard. He must hear things that he might not like.
On a point of Order—
Take it like a man.
On a point of order. I am not objecting in any way to the statements being made by my hon. and learned Friend the Member for Northampton (Mr. Paget). I only wish to make it clear that while many hon. Members on the back benches may be frustrated, my hon. and learned Friend is about the most frustrated of all.
Order. Be that as it may, the hon. Member must listen to things that he might not want to hear. He himself was heard.
I was speaking of back bench frustration. Having been successful in the Ballot—
The Ballot has nothing to do with this.
—a back bencher is often at a loss to decide what to do with his luck; that is, except in this sphere of animals, which traditionally has been dealt with by back bench Bills.
Nonsense.
Most Measures of this kind have resulted from back benchers being lucky in the draw.
My hon. and learned Friend must be aware of the many other contributions on numerous subjects which my hon. Friend the Member for Liverpool, Walton (Mr. Heffer) and I have made in the House.
That is entirely true, and I am often deeply interested in their efforts. I am only saying that this interest in our dumb friends arose from back bench luck in the Ballot.
That is not true.
I have been talking about back bench frustration.
My hon. and learned Friend would not, I am sure, wish to make statements which are totally untrue. I first introduced a Measure of this kind under the Ten Minute Rule. It had nothing whatever to do with the Ballot.
Splendid. This is it—finding legislation a back bencher can deal with. But no dumb friends nor the League Against Cruel Sports or anyone else about animals came to my hon. Friend's interest until these private legislation opportunities arose.
The second factor here is the puritan joy of rebuking sin as long as it is somebody else's. In a permissive society the opportunities for this are limited, but the appetite remains. Here is a great opportunity for the townsman to rebuke the countryman and say what a primitive and savage brute he is. Even more, on a class basis we are told that it is lords and other such formidable people who go into this sport. But we do not rebuke fishermen because there are too many of them. We do not rebuke shooting because too many people shoot. But here, in hare coursing, is a weak minority. They are attacked not because they are cruel but because they are weak, and it is nice to find some sort of whipping boy on whom one can impose one's frustrations. I would like to examine this matter of what cruelty is in these terms, and from the point of view of the victim I would ask: does it increase the total of suffering? Let us remember that nature provides no beds for its denizens to die in. Death in nature is brutal and cruel. Again, one may ask whether this sport cuts into the balance of nature because it has gone on for a long time and whether the upsetting of that balance would be cruel. What about the preservation aspect? It seems to be a paradox that much is preserved which would die otherwise simply because of sport. The red deer is an example. He would certainly be exterminated if he were not hunted. One could not legislate to make a farmer submit to his crops being destroyed. He would blaze away at the deer, generally using bird shot, with the wretched animal dying of gangrene. This is what happens everywhere there is not a hunt to preserve the animal. But the abolitionists would be happy to exterminate a species so long as they could deny the huntsman his quarry. I am not saying that the hare would be exterminated if it were not for coursing, but, certainly, a lower level of hare population would be tolerated if it were not for coursing and the sport which is provided. Occasionally, I sleep out because I am interested in natural pursuits. I remember hearing in the night a hare being killed by a weasel. It was crying for nearly 45 minutes and when the light enabled me to trace it I tracked it for three quarters of a mile over which the death agony of that fight had gone on. Nature's death for the hare is not pleasant. I venture to say that of all the deaths available to the hare probably the quick death from the greyhound is the best. Having said this, one asks, from the point of view of the sportsman, whether he should be stopped. We have been told that we do not have to see murder to know that it is wrong. Murder has been recognised as wrong by all societies since man has been organised in society and equally, throughout that period, the hunting of hares with dogs has been a pursuit of mankind, recognised, accepted and encouraged by all humane societies of which we have any record. It is rather a different position from that of murder because, curiously enough, it has been supported and encouraged by all peaceful Governments. The Governments who have denounced the chase have been the Governments who have said, " This distracts our citizens from their proper warlike occupations ". But peaceful Governments have realised that there is an aggression in man's nature and that it is most harmlessly expressed in sports which man has pursued right through history. This particular nut has not been selected for cracking because particular cruelty is involved, nor because the occupation itself is anti-social, but simply because it is thought that this is a small, weak interest by which we can appease a clamour without annoying somebody very much. This is the very negation of democracy. Democracy is not merely the rule by a majority, it is the rule by a majority which recognises the rights of minorities and which recognises the duty to protect minorities, and not merely to sacrifice minorities for its convenience. The Bill will not become law because it will be dropped as we get to the election. I hope we see no more of it and that we have a proper inquiry to produce proper, sensible, thought out legislation to deal with the whole question of wild life.9.47 p.m.
When the Under-Secretary opened the debate he emphasised several times that it was competitive coursing that we are dealing with, and said that it involved a degree of cruelty—I hope I have his words correctly—which cannot be tolerated at the present time.
What, then, is the purpose of the Bill? Is it to deter humans from some of their baser instincts, alleged sadism and gambling, or is it to prevent suffering by hares? Because if the Bill still permits the coursing of hares, provided that coursing is not competitive between two or more dogs, then that coursing can continue. If we believe all that we have been told about the cruelty involved, obviously if that is true the cruelty applies equally to competitive or non-competitive coursing The Bill goes far belond that. If the advocates of the Bill were sincere, they would be consistent. There would be no shooting, no fishing, no killing of mice or rats—not just by strychnine, but by any method. The use of insecticides in the household or the garden would be forbidden. We would not even be allowed to be vegetarians. It would be a sin to go into the garden and cut a cabbage—the poor thing, so green and lovely; and think of the deprived cabbage white caterpillars. In the words of a popular song of the 1920s:" Never swat a fly, he may love another fly, He may sit all day and sigh, the way I do with you.
Never kill a moth when he is flying through the air "—
Sing it.
Lieut-Commander Maydon:I regret that I do not quite remember the end of this romantic ditty. [HON. MEMBERS: " Oh."] At any rate:" He may love another moth in somebody's underwear."
" Never kill a moth when he is flying through the air,
If the promoters of the Bill really were consistent and true to their theme our diet would contain no meat, no vegetables, eggs and milk would be taboo. Beer would be beyond the pale, so cruel to hops and barley would its making be. Wine would be banned, not on grounds of total abstinence but because its making involved depriving the vine of its offspring. We would all have to live on beastly little pills cooked up from synthetic substances in a horrible laboratory. That may all be very fine for a kill-joy Socialist society in a kill-joy Socialist world, but the world is not all Socialist.He may love another moth in somebody's underwear."
Order. The hon. and gallant Gentleman will not be out of Order if he comes to the Bill.
I apologise, Mr. Speaker. Perhaps my enthusiasm was running away with me.
If I passionately believed, as some obviously do, that hare coursing was wrong I would still believe sufficiently in the rights of individuals to follow pursuits of their own choice which do not harm the community or their neighbours. That would be my overriding consideration. What is more, the result of the Bill will do harm to the community. If enacted, it would be defied in many remote quarters of the countryside, possibly in some not so remote. Defiance will bring the law in general into further disrepute and, goodness knows, there is enough contempt for the law already. That will be harmful to the whole community. The Bill will also be harmful to individuals. Secret coursing contests will still take place on land without the consent of the owners, whether they are individual persons or public bodies like the National Trust. These owners may be constrained to police their land to prevent the law being flouted otherwise they may, in the words of the Bill,Another result would be the clandestine coursing of hares by individual groups no longer controlled by the rules of the various societies which organise and support proper hare coursing. These rules prohibit cruel or unfair practices and the societies have had a marked influence upon the conduct of coursing. The consequence will be much more real cruelty instead of imagined cruelty of which so much is made in this misguided cause. What of the dogs who enjoy this sport, the greyhounds and salukis, whippets and others? Are they not worthy of consideration? [Laughter.] Hon. Members may think that this is funny, but this is a serious aspect of the Bill. Not all these dogs are suitable to be trained in the pursuit of electric hares. Incidentally, the Bill seems to include electric hares. It does not specify live hares. That may be a Committee point, but it is one which the promoters should take seriously. Are these dogs to be deprived of the fulfilment of their natural instincts? One sad feature of the present day is the way in which the true nature of many breeds of sporting dogs has been distorted and subjugated to the whims and demands of the show ring and the vagaries of fashion and fancy. " Keeping up with the Joneses " is very much a cult in the dog-owning world. In many cases instinctive intelligence, stamina, strength and even the health of a breed has been surrendered to foible. Far too close inter-breeding of strains to produce changes in size, appearance and bone structure have resulted in highly-strung animals often subject to canine hysteria and a prey to many diseases to which natural resistance has been bred out. At best, this results in soppy, sentimental pets of low intelligence, but a shadow of their once famous forebears. This is a cruel fate which the promoters will inevitably impose upon the breeds at present engaged in coursing. The promoters of the Bill intend to deprive a dog of his natural function and the fulfilment of his instincts and to forbid him resort to his natural environment. Is not this more cruel to a highly intelligent animal than a swift death to a running hare?"… knowingly permits or suffers any place to be used for, the coursing of a hare…"
9.56 p.m.
As another frustrated backbencher, I will not attempt to follow either of the last two speakers. I do not know whether either of them intended their speeches to be taken seriously. The hon. and gallant Member for Wells (Lieut.-Commander Maydon) was worried about dogs, but if the dogs are taken away I shall be worried about the trees. —[Laughter.]
Order. I think we might get back again to the serious debate.
Two arguments have run through the debate. The first concerns whether or not hare coursing is cruel and should be banned. The second argument is concerned with whether the Government should have introduced the Bill. I detected in the speech of the right hon. Member for Ashford (Mr. Deedes) an argument that we were wasting our time this evening in discussing a Bill on hare coursing. He advanced the familiar argument that the R.S.P.C.A. always do better than the N.S.P.C.C. and he said that we talked more about animals than children. As one who has spent 12 years on a children's committee and many years as a teacher, I have a great interest in children and have taken part in debates on children. If as is possible, in the next few weeks I make speeches in the country I doubt whether I shall mention hare coursing and I do not think I shall get any questions on hare coursing. One of the great things about British democracy is that at a time like this when we are all thinking about other things the House of Commons can spend a few hours talking about hare coursing.
I was proud to be a sponsor of the Private Member's Bill introduced earlier by my hon. Friend the Member for Ilford, South (Mr. Arnold Shaw). He has told the House of the methods employed by a small minority of Members opposite to block his Bill by talking on the Bill which was taken previously. On two previous occasions Private Members' Bills on hare coursing have been introduced. The Government are absolutely right to say that the House should make its judgment on the matter. The second question is whether hare coursing should be abolished. I do not think that there is any doubt about this. I regard it not as a sport but as a vile and cruel activity.It being Ten o'clock, the debate stood adjourned.
Ordered,
That the Proceedings on the Hare Coursing Bill, on the Administration of Justice Bill [ Lords] and on the Tonga Bill [ Lords] may be entered upon and proceeded with at this day's Sitting at any hour, though opposed.—[ Mr. Dobson.]
Question again proposed,That the Bill be now read a Second time.
I have been to hare coursing meetings. I congratulate thePeople,the B.B.C., I.T.V. and other media on bringing what happens to the attention of people all over the country.
I have no doubt that we should support the Bill, I only regret that it does not go further. I would have liked certain other things to be included, like deer hunting and so on, which were in my hon. Friend's original Bill. [Interruption.]Order. It is very difficult for the hon. Gentleman to address the House against a background of conversation from his hon. Friends.
I hope that the next Labour Government will not only reintroduce the Bill if we lose it through a General Election but will also introduce other Government Bills to abolish blood sports.
10.2 p.m.
I am one of the vast majority of Members who have never been coursing. I do not suppose that I ever will, but I have tried to inform myself by literature and conversation about what goes on at a coursing meeting, unlike some of those who are so hotly opposed to coursing, judging by what they say, and unlike in particular the League Against Cruel Soprts, whose propaganda is so often unfair and untrue.
I admit that it is absolutely unnecessary to control the number of hares by coursing. I admit also that some cruelty is involved, although I believe it to be much less than is involved in shooting hares, and probably less than there is in nature uncontrolled by man. There is cruelty in many other activities that we condone in ourselves for economic or other reasons, such as the cruelty in abattiors, the degree of cruelty in factory farming, and destroying vermin that we think to be harmful to our economy. I do not believe that the cruelty in coursing is so great as to entitle it to be singled out as a special form or degree of cruelty. In that I rely on the Scott Henderson inquiry of 1951, which came to that conclusion. I also wholly agree with the conclusion of my right hon. Friend the Member for Harrogate (Mr. Ramsden), who said that it was idle to seek to discriminate between cruelties and impossible to do so; we could come to no good conclusion if we tried. But whether or not coursing is cruel, it is absolutely certain that the Bill does not deal with it. It would abolish coursing under the rules which have governed it, but would not abolish running hares with dogs in any other way. Those who have indulged in these things tell me that it is far more likely, with less powerful dogs and dogs less expert than the trained greyhounds employed in coursing, that the runs may be much longer and may far more often result in the death of a hare or its exhaustion, and even in some cases the exhaustion of the dogs, which are sometimes not so large as to be able to sustain the run. So the Bill does nothing towards the banning of any kind of cruelty. One may ask why it has been introduced. I hope that I will not be thought to be politically prejudiced when I say that it is clear to me that it has been introduced to gratify the opinions of a large number of people who live in towns and who are not familiar with country pursuits. It has therefore been introduced as a political ploy. I believe that we should be against the Bill on other grounds. It is obviously the thin end of the wedge. This has been said over and over again, and it has the endorsement of two hon. Gentlemen opposite who have said that they very much hope that this is the first of a series of Bills which will end all forms of field sports before very long. That is a matter of opinion, but, if we take that view, we are up against a fundamental argument which is the only really powerful one in the debate. It is undemocratic if a majority seeks to impose its will upon a minority, especially a minority which is chosen because it is weak and not very effective politically. The State should not intervene except in cases where its safety or welfare is involved. Where the State is not in winger and where it is in no way harmed by the activities of a minority, it is immoral, undemocratic and even dangerous for the Government to intervene. The puritanical attitude of hon. and right hon. Gentlemen opposite should be regarded with the greatest fear for the future to our demcoracy. I shall vote against the Bill on that main ground.10.7 p.m.
Right hon. and hon. Gentlemen opposite have a curious idea about democracy. We have heard that there is widespread support throughout the nation for the banning of hare coursing. Because of that support, they declare that it is undemocratic for Her Majesty's Government to introduce a Bill to meet that demand. That is a curious notion of democracy. If one went back as far as the Greek city State, one would have great difficulty in persuading its citizens that the views of right hon. and hon. Gentlemen opposite bear any resemblance to what is meant by democracy.
There is a further aspect of the matter which should be borne in mind. Over the past year or so, a number of my hon. Friends have informed their electors that right hon. and hon. Gentlemen opposite have, Friday after Friday, sought to block a similar Measure to this one by using what can only be termed rather unsporting methods. In attempting to deny that, many right hon. and hon. Gentlemen opposite have flung up their hands in horror, saying that they had no intention of blocking the Bill and that their tactics were part of the normal procedure of Parliament since there was not enough time to debate the Measure. That humbug has been unmasked tonight. From the benches opposite, hon. Member after hon. Member has risen to oppose the Bill. It is particularly instructive that the hon. Member for Stroud (Mr. Kershaw) is one of the Parliamentary Private Secretaries of the Leader of the Opposition—Would the hon. Gentleman care to expand his remarks about parliamentary opposition and refer to the six occasions in this Parliament on which the party opposite has blocked the Bill which seeks to give pensions to the over-80s?
Order. If the hon. Member for Harrow, East (Mr. Roebuck) does, he will be widening the debate too far.
I would not dream of infringing the rules of order by following the hon. Gentleman. But if he will invite me to his constituency, I am prepared to debate the issue with him there. That would have the fortunate effect of our not seeing him here after the next General Election.
The point should be driven home that, almost to a man, right hon. and hon. Gentlemen opposite oppose this Measure to reduce the amount of cruelty in the country. I listened carefully to what my hon. and learned Friend the Member for Northampton (Mr. Paget) said in his interesting and erudite speech. I agreed with what he said about rats, moles, and animals of that nature. Where I differ from my hon. and learned Friend, who does not deny that there is a considerable element of cruelty practised in this so-called sport, is when he appears not to want to abolish it until we have done many other things. I find that a strange doctrine indeed. Several hon. Gentlemen opposite have pointed out that nature is very cruel—that the method by which some animals dispose of others is very cruel—and have offered that as a defence for hare coursing. I find that, also, a very strange doctrine. Are not human beings supposed to be at the apex of the animal kingdom and to have sensibilities which would lead them to want to pursue rather more civilised practices? The only other point I wish to mention, because I am sure that hon. Members on this side wish to come to a determination on this matter, concerns individual freedom. Again, we had a strange doctrine enunciated from the benches opposite: that people ought to be allowed to pursue these curious practices because it was a question of individual liberty. I suppose that precisely the same argument was offered when hon. Members wanted to abolish bear baiting, cock fighting, and a large number of other cruelties. Of course, that interfered with some form of liberty, but this is democracy. If the nation as a whole feels that these practices are repugnant, that they degrade our society, then it is obviously legitimate for the House to legislate for such matters to be outlawed. In view of the widespread support throughout the country for previous Measures which my hon. Friends have tried to introduce, I believe that the Government are absolutely right to bring forward the Bill tonight so that the House can come to a proper determination on the issue. I hope that it will soon go to the vote and that we shall outlaw this squalid form of cruelty which has such attraction for so many hon. Gentlemen opposite.10.13 p.m.
After that rather unpleasant speech by the hon. Member for Harrow, East (Mr. Roebuck), which marred an otherwise excellent debate, with arguments put forward with great sincerity on both sides, I should like to put two points to the Government.
I thought that the Under-Secretary introduced the Bill with no great relish. It is my opinion and knowledge, too, that the Bill was not really accepted by the Home Department but by the Prime Minister, because, as the hon. and learned Member for Northampton (Mr. Paget) said, the dogs have to be given bones sometimes. That is what has really happened, and it is a bad political, party performance.
I am a Heffer not a dog.
With respect, I was not insulting the hon. Member for Liverpool, Walton (Mr. Heffer). He has pursued the Bill with the greatest sincerity, according to his lights. We do riot happen to agree.
Do not be impertinent.
I am not being impertinent. I am saying that, according to his lights, the hon. Member for Walton is perfectly sincere and that, according to mine, I am also trying to be sincere.
I believe that the Government are starting on a somewhat slippery slope. As many hon. Members have said, it is difficult to compare the amount of cruelty in various field sports. Equally, the Government have found it extremely difficult to compare the amount of cruelty in the different forms of factory farming which were reported upon by the Brambell Committee and referred to by my right hon. Friend the Member for Thirsk and Malton (Mr. Turton). It is not to their credit, as he said, that they have failed to legislate on factory farming, which is well known to be considered by a vast number of people to be cruel. It is not to their credit that they have failed to legislate following the Report of the Brambell Committee, and yet they are not prepared to come forward and set up a further commission to report on coursing to follow the Scott Henderson Committee which is now nearly 20 years old. I believe that if the Government were to do this, if they were to accept the suggestion that a commission should follow the Stable Committee which has just reported, we should then be in a much better position to decide about the future of coursing. It is fair to say—and it has been said by others—that this is a small sport. It is therefore vulnerable, and so the Government have not hesitated to attack it. May I ask the Minister a question which I asked his hon. Friend the Member for Ilford, South (Mr. Arnold Shaw)? I ask this question as the Chairman of the British Field Sports Fisheries Committee. Would the Government have taken the same steps against fishing as they have taken against hare coursing?I should prefer to answer that in my own time when I reply to the debate in a few moments.
I hope that the hon. Gentleman will do so. Nobody would say that any of the various sports is perfect. I agree with what has been said, that a hare shoot is 100 per cent. more cruel than hare coursing, although I do not happen to have seen hare coursing under national rules. I say to the party opposite, and to the Government in particular, that they should consider in their heart whether they would have attacked the fishing industry, with all the votes that it commands, in the way that they have attacked hare coursing tonight.
If the Government were prepared to say tonight that they will carry out a further inquiry into coursing by a commission. they would have the whole House behind them.10.17 p.m.
Just as the hon. and learned Member for Northampton (Mr. Paget) was the only person on the benches opposite to speak against the Bill, so I am the only person on these benches thus far to speak for it. I am sorry that the hon. and learned Gentleman is not here, because he said that those who supported the Bill " do not give a damn about the hare ". I regard that as thoroughly offensive and inaccurate.
I have been bombarded by constituents and various animal welfare and other organisations with literature over recent months and years. The one thing to which perhaps insufficient attention is paid is that those who support hare coursing have also engaged in their own degree of emotionalism. It has not been one-sided. I should like to quote two short sentences from a document called, " Documentary on Field Sports with special reference to Coursing ". It says that theIt goes on to say:" relationship between hare and hound was as indelible as that between man and woman …".
The hare, no doubt, waits for the encore. It is no use one side attacking emotionalism by the other side when it is itself engaged in the same practice. Likewise, I object strongly to the argument that this is a contest between town and country. That is unfair. If I may strike one note of disagreement with what has been said by hon. Gentlemen opposite, with whom no doubt I shall be voting later, it is that I regret that they have sought to inject into the debate the wider issue of bloodsports as a whole. This, surely, is an issue which we must try to take on its own merits and stop chasing bogeys on the one side and on the other trying to imply that those who support the Bill are really after something much broader. This is a very unfair and does no service to the cause of the Bill. Likewise, mention has been made of the fact that life in the wild for the hare is cruel. Of course it is. Life on the roads for the hare can be cruel also. But there is a world of difference between life in the raw and organising that wild life for sporting occasions. I realise that the National Coursing Club rules are strict and that those who break them are severely dealt with, but not all courses are held under such strict supervision. There are certain differences between the National Coursing Club rules, which have been mentioned several times tonight, and those of the Irish Coursing Club. In England there is an 80-yard start for the hare; in Ireland it is 200 yards. Why can there not be some synchronising of the rules? A start of 200 yards seems much fairer. We have heard a great deal about cruelty, injury and death to the hare, but there is also, occasionally severe injury to the greyhounds involved. It is not good enough always to plead the case of the hare alone. There is the issue of the chaser as well as of the chased. One thing is not clear to me from the Bill. In the training of greyhounds for coursing there are trials and various tests of stamina involving the use of hares. This has nothing to do with the set piece at Altar or anywhere else: it deals with the training of hares before they start coursing. This involves the blooding of hares. Is this covered by the Bill? I hope that it is, because one has no idea of how many hares are slaughtered in this way. No one who has advocated hare coursing tonight has spoken about the condition and value of the greyhound industry. But where I come from that is an argument which has been used against the abolition of hare coursing—that it is a big and important industry. But that is not a valid argument, because the greyhound which is bred for coursing is rather like a steeplechaser, whereas the greyhound which races around the track after the electric hare is more like the flat racing horse. So it is wholly nonsensical to say that, if coursing is banned, the greyhound industry will be damaged. We are talking about two completely different types of greyhound. Therefore, it would be very unfortunate—" Anyone who has ever been to a coursing meeting and heard the spontaneous cheer of joy and admiration for a clever hare when she tricks and leaves her pursuers bewildered, will testify that there is nothing bloodthirsty about coursing folk."
I have owned a racing greyhound in training and it is a normal part of training to allow it to have the occasional course.
I accept that. My hon. Friend has misunderstood me slightly. I was thinking in terms of those which are specially bred for one function or the other. This does happen, certainly in Northern Ireland, where, I am glad to say, the Stormont Parliament is currently in the process of abolishing hare coursing.
It is also argued that the way to weed out the weaker stock is by such a practice as coursing. This is utterly crazy. The weaker stock will be weeded out anyway by their natural predators, so it is a slightly bogus argument to say that coursing helps to produce good quality hares. In the final analysis, what we are concerned with is the fact that coursing is a sport. Sport, by its very nature, implies a contest between equals. That does not apply in hare coursing. It is argued that sport should be physically exhilarating—but in this case for whom? There can be few sports in which one of the participants stands almost an even chance of being killed. Sport implies that both sides are participating voluntarily. Again, hare coursing fails to meet this qualification of being a sport. I hope, therefore, that the Bill will shortly be on its way the Statute Book.10.26 p.m.
Having heard most of the speeches in the debate, I intend to be short and to concentrate on the money aspect of this so-called sport, to which not sufficient attention has been paid.
I wish, first, to draw attention to the fact that the Bill refers toApparently, there is no objection to one dog chasing one hare, although I suppose that that is designed to take the sporting aspect, not to mention the gambling aspect, out of it. This brings me to the subject of the monetary side of hare coursing. Although my hon. Friend the Member for Ashton-under-Lyne (Mr. Sheldon) made a magnificant speech, he might have concentrated more on the money aspect of something that calls itself a sport. My hon. Friend referred to a hare coursing meeting which he attended in January, 1969. The programme for that meeting cost 10s. and, though a small meeting, the prize money was £95 for the winner, £45 for the owner of the second dog and £20 for the third. Although I cannot confirm this, I imagine that the stakes were considerably higher and that they become higher as time goes by. This, together with the other obnoxious aspects of hare coursing, make this so-called sport repulsive. Many of the contributions which hon. Members have made in an effort to justify it as a sport I have found equally repulsive when I think of hares being torn to bits. Reference has been made to hares being taken to local poulterers who have not found evidence of the hares being pulled to pieces. That is easy to explain. Obviously, only the least mutilated hares were supplied. The Government are right to make a start on what I hope will be a wholesale attack on blood sports in this country, sports which are an anachronism and a hangover from feudal days." the coursing of a hare by two or more dogs in a competition as to their ability to course hares ".
10.28 p.m.
The Minister gave as a principal ground for the Bill the fact that it was demanded by public opinion and that the Government were now convinced that this was a repugnant sport.
Had the Minister looked over his shoulder he would have seen only 11 supporters behind him and that he was accompanied on the Front Bench by one other Minister. That is a measure of the overwhelming public opinion that has called for the implementation of this Measure. In so far as it exists at all, public opinion arises from two factors. The first is a recording of a hare screaming, which is used in certain circumstances which I shall describe later. The second is the fact that certain organisations have persuaded people in particular localities to write to their Members of Parliament. This is proved by the fact that some hon. Members have received an enormous number of letters while others have received hardly any. In other words, public opinion on this matter has been deliberately organised. Various organs of publicity, particularly the Press and the B.B.C., have been praised for the publicity that has been given to this subject. The House might be interested to hear a personal experience regarding the B.B.C. The Bill had its First Reading last Wednesday, on which day a telephone message came to me asking if I, as Vice-Chairman of the British Field Sports Society, would agree to be interviewed by the B.B.C. I agreed and went there. It was an interview where one does not see the interviewer, conducted through a mouthpiece and earphones. We practised one or two questions and then had five minutes with the interviewer cracking at me and I cracking back. Then I went to listen to the recording. What I heard was not the beginning of the interview, butThere then followed by sound sequence the screaming of a hare for several seconds and the recording went on:"This afternoon Mr. James Callaghan is to introduce a Bill to outlaw hare coursing. If it passes through Parliament an end will be put to this sort of thing.…"
After that introduction, the interview followed. It is hardly necessary to say that the second sentence of that introduction," I find it difficult to discover any feeling of justification for such a sport. But Mr. Jasper More, Conservative Member for Ludlow, is also a Vice-Chairman of the British Field Sports Society and I asked him what his attitude was going to be towards the anti-hare coursing Bill."
and then hearing the screaming hare, is obviously untrue. Hares screaming, unfortunately, will continue in horrible circumstances. The Bill will not prevent the wounding of hares in large numbers by shooting, nor, worse still, the appalling number of accidents involving hares which take place on the roads. I went immediately to see the B.B.C. to tackle the corporation about this. I am glad to say that the B.B.C. has behaved very handsomely about it and I now have a letter from the corporation in the following terms:" If it passes through Parliament an end will be put to this sort of thing,"
We are glad to see the Leader of the House present. His name is on the back of the Bill. [Interruption.] I should be glad if he would pay attention. The letter continues with an undertaking which I was glad to get from the B.B.C. that its attitude on this matter will be to present it impartially from now on. It ends rather mysteriously:" Let me say at once that I agree that you should have been told how it was intended to preface the interview and that, anyway, the second sentence was clearly inaccurate and misleading. I am sorry if this caused you any personal or political embarrassment."
I mention that as an example of the type of publicity which perhaps innocently, but I am afraid not always innocently, has been invoked to provoke the public opinion which the Minister claims has compelled the Government to bring in this Bill. I ask the House, when judging on that, to consider how worthless this publicity has been."if you want a head on your charger let it be mine—you will find willing hands to help you raise it, not least on the Government Front Bench! "
10.34 p.m.
In this debate sincere views have been expressed very fully on both sides of this argument. I know that a number of my hon. Friends would still like to address the House, but I think that it might be the wish of the House to reach a conclusion upon this matter at some time within the next half hour or so, though we regret the truncating of the debate through the unusual circumstances of today's business.
I make clear that I shall be expressing my own views in the few remarks I make. I am not a member of the British Field Sports Society or of the Royal Society for the Prevention of Cruelty to Animals, greatly though I admire much of the work done by those bodies. Like my right hon. Friend the Member for Ashford (Mr. Deedes), I felt really sorry for the Under Secretary of State for the Home Department this afternoon. I have never known a Minister, especially a Home Office Minister, who sat down so thankfully after rushing through his Second Reading speech introducing a Bill so rapidly. The Home Secretary has displayed his interest in the debate by his total absence from it. Although coursing is carried on in my constituency—[Interruption.]Order. Back to the Hare Coursing Bill.
There is a very great distinction between the attitude of the two Front Benches towards the Bill. The Government, for utterly misguided reasons, have made it into a Government Bill. My right hon. Friends on the Front Bench have decided that this is not a proper matter for the assertion of a Front Bench view, and my right hon. Friend the Member for Ashford made it abundantly clear that he was speaking for himself.
Although coursing is carried on in my constituency, I am not a coursing man, but I have been to two hare coursing meetings—one for greyhounds and one for Salukis—and I did not see anything on either occasion which could be called barbarous. Very few hares were killed. Those that were killed were killed instantaneously. Hares are very numerous in my constituency, especially in the village where I live. Several years ago my neighbour, who owns and farms a lot of land there, decided that the hares were too numerous and he had to organise a hare shoot. In two days 1,500 hares were killed on that one farming estate, three or four times the number killed in the whole of England and Wales by hare coursing in a season. It is, therefore, right to maintain a sense of perspective. I mention these facts because they are in reality the background to the Bill. Like all hon. Members, and like most of the British people, I am a great lover of animals. Hon. Members who are in favour of the Bill may well ask why I oppose the Bill. I think that most people with any decent feelings about animals become indignant about something or other which in animal life may cause suffering to them as a result of human action. Some people get most worried about the export of horses, others about factory farming. Some people get worried about some field sports. What worries me most and gets me most "steamed up" is the life imprisonment of animals or birds in cages. Some years ago our children were given a pet hare. We put it in a cage where we thought it had reasonable space and plenty of room to turn round and move about. But the poor thing got so stiff that when we let it out of the cage and on to grass it could do no more than hop about. I said, "We will have no more animals in cages as pets". I have always thought that it is awful to cage wild birds. When I see a caged wild bird I am reminded of the old poem—" Thou poor bird mourn'st the tree
Where softly thou didst warble
I sometimes wonder whether those who send in letters of protest about hare coursing feel no uneasiness about animals or birds in cages. The mere fact that I get worried about these things does not make me want to introduce a Bill to make them into criminal offences, however. Although I do not like the caging of animals, I realise that other people do not share my views. I regard this as a matter for their consciences—[Interruption.] —and not as a matter for—In thy wanderings free."
Order. All hon. Members who have spoken in the debate have been listened to.
It does not seem to me that the various forms of indignation, which vary according to the individual, should each be made a matter for adding to the criminal calendar. Moreover, if it is sought to add some things to the criminal calendar, we must be clear in our minds whether there is a serious social evil to prevent and one which must be prevented by the whole weight of the criminal law and enforced by our hard pressed police forces. I do not consider that hare coursing is one of those great social evils.
As the hon. and learned Member for Northampton (Mr. Paget) said in what I thought was a brilliant speech, which commanded the attention of the House,It seems to me, therefore, that the Bill is misguided, for the reason I have given, that it does not affect a serious social evil which should lead to an addition to the criminal calendar, and for two other reasons. First, it defeats its own purpose in ways which have been forcibly expressed in speeches from the hon. and learned Member for Northampton and others, notably my right hon. Friend the Member for Harrogate (Mr. Ramsden). Secondly, it is a socially divisive Bill. Undoubtedly, one of the tragedies in discussing this subject is that so few people, a small minority, know the full facts about it. It is too easy, on the other hand, for millions of people to get to know only half the facts or a mildly distorted version of the facts. I can easily understand how public opinion builds up, as it undoubtedly has, but we in this House, in my view, have a duty to ascertain the facts, to consider them seriously, and then to make up our minds whether we have a real social evil to cure. Because I believe that the Bill is self-defeating and may, indeed, lead to more cruelty than it would stop, and because it is socially divisive, speaking for myself, though I am not a hare-coursing man, I shall vote against it."coursing is being hit not because it is cruel, but because it is weak ".
10.42 p.m.
May I have the leave of the House to speak again?
The debate has covered most of the points, including some of the arguments raised in the past. When I opened the debate, I covered as much of the ground as I possibly could, endeavouring to do it all in 20 minutes, I assure the right hon. and learned Member for Huntingdonshire (Sir D. Renton) that I sat down thankfully, as he put it, because I had managed to do it. The Bill has my full support. I made clear that the Bill is directed against the competitive coursing of hares. I repeat that it is not the Government's purpose to make illegal the hunting of hares with beagles or harriers, or to interfere with the right of the farmer to set his dog on to a hare where the object is to catch and kill the hare for control purposes. The object of the Bill is to put down coursing where the purpose is to compare the relative merits of two or more dogs placed in competitive pursuit of a hare. To refer again to the report which has been so much quoted, which referred to Altcar, the suffering caused to hares coursed at such meetings of which it spoke comes within the definition of cruelty which we have adopted. My hon. Friend the Joint Under-Secretary of State for Scotland has advised me that my hon. Friend the Member for Ashton-under-Lyne (Mr. Sheldon) made a remarkable speech. I am sorry that I missed it. He expressed much of what has been argued in debate on Private Members' Bills and by the Government tonight with precision. He stated that hare coursing is different from other blood sports and is more akin to those banned in the past. He also said that the Stable inquiry is concerned with the re-examination of the rules and regulations and is not looking into the basic facts we have been discussing—whether there should be hare coursing with all that is involved with the public present, with the cheering, the bookies, and so on.The hon. Gentleman has left the point on which I asked a specific question. We understand that competitive coursing is banned. The hon. Gentleman told us about a farmer letting his dog go after a hare. What about any other sort of running of dogs with hares? As long as it is not competitive, is that within the Bill, or does that continue to be legal?
If it is not competitive in the sense I have indicated it does not come under the Bill. We are dealing with the sort of event taking place at Altcar.
The hon. Member for Gainsborough (Mr. Kimball) raised the question of the wider implications of the Scott Henderson Report on whether all wild animals should be brought within the Protection of Animals Act, 1911, with special provisions for hunting, and so on. The difficulties of framing rules while permitting the sport to continue and effectively avoiding unnecessary suffering have proved to be virtually insurmountable. That part of the report has not been implemented, but it has no bearing on what we are considering. The Bill concerns the principle of whether it is right to inflict suffering on hares for the purpose of competitive coursing, irrespective of rules. The argument that the abolition of hare coursing would be a disservice to conservation, with the implication that farmers and others would no longer be
Division No. 129.]
| AYES
| [10.47 p.m.
|
| Allaun, Frank (Salford, E.) | Davidson, Arthur (Accrington) | Freeson, Reginald |
| Alldritt, Walter | Davies, Dr. Ernest (Stretford) | Garrett, W. E. |
| Archer, Peter (R'wley Regis & Tipt'n) | Davies, Rt. Hn. Harold (Leek) | Golding, John |
| Armstrong, Ernest | Davies, Ifor (Gower) | Gray, Dr. Hugh (Yarmouth) |
| Atkins, Ronald (Preston, N.) | de Freitas, Rt. Hn. Sir Geoffrey | Greenwood, Rt. Hn. Anthony |
| Atkinson, Norman (Tottenham) | Delargy, H. J. | Gregory, Arnold |
| Barnett, Joel | Dell, Rt. Hn. Edmund | Griffiths, Eddie (Brightside) |
| Bence, Cyril | Dewar, Donald | Griffiths, Will (Exchange) |
| Bessell, Peter | Diamond, Rt. Hn. John | Gunter, Rt. Hn. R. J. |
| Bidwell, Sydney | Dickens, James | Harper, Joseph |
| Binns, John | Doig, Peter | Harrison, Walter (Wakefield) |
| Bishop, E. S. | Driberg, Tom | Hart, Rt. Hn. Judith |
| Blenkinsop, Arthur | Dunn, James A. | Haseldine, Norman |
| Booth, Albert | Dunnett, Jack | Healey, Rt. Hn. Denis |
| Boston, Terence | Dunwoody, Mrs. Gwyneth (Exeter) | Heffer, Eric S. |
| Bottomley, Rt. Hn. Arthur | Edelman, Maurice | Hooley, Frank |
| Bray, Dr. Jeremy | Edwards, William (Merioneth) | Howarth, Robert (Bolton, E.) |
| Brooks, Edwin | Ellis, John | Howell, Denis (Small Heath) |
| Brown, Bob(N'c'tle-upon-Tyne,W.) | Ennals, David | Hoy, Rt. Hn. James |
| Brown, R. W. (Shoreditch & F'bury) | Evans, Fred (Caerphilly) | Huckfield, Leslie |
| Buchan, Norman | Evans, loan L. (Birm'h'm, Yardley) | Hughes, Rt. Hn. Cledwyn (Anglesey) |
| Butler, Herbert (Hackney, C.) | Ewing, Mrs. Winifred | Irvine, Rt. Hn. Sir Arthur |
| Butler, Mrs. Joyce (Wood Green) | Faulds, Andrew | Janner, Sir Barnett |
| Cant, R. B. | Fernyhough, E. | Jay, Rt. Hn. Douglas |
| Carmichael, Neil | Finch, Harold | Jeger, Mrs. Lena(H'b'n&St.P'cras,S.) |
| Carter-Jones, Lewis | Fitch, Alan (Wigan) | Jenkins, Hugh (Putney) |
| Castle, Rt. Hn. Barbara | Fitt, Gerard (Belfast, W.) | Johnson, Carol (Lewisham, S.) |
| Coe, Denis | Fletcher, Raymond (llkeston) | Johnson, James (K'ston-on-Hull, W.) |
| Coleman, Donald | Fletcher, Ted (Darlington) | Jones, Dan (Burnley) |
| Concannon, J. D. | Foot, Rt. Hn. Sir Dingle (Ipswich) | Jones, Rt. Hn. Sir Elwyn(W.Ham,S.) |
| Crawshaw, Richard | Foot, Michael (Ebbw Vale) | Jones, J. Idwal (Wrexharn) |
| Crosland, Rt. Hn. Anthony | Forrester, John | Judd, Frank |
| Currie, G. B. H. | Fowler, Gerry | Kelley, Richard |
| Dalyell, Tam | Fraser, John (Norwood) | Kenyon, Clifford |
able to tolerate hares on their land if they could not course them, and would exterminate them, is grossly exaggerated. It is rather odd to think hares are allowed only because of hunting. In fact, judging by all the evidence put to me in recent weeks the extent of coursing is not as great as all that. It has become smaller and smaller over the years.
The right hon. Member for Ashford (Mr. Deedes) spoke with his usual perception and raised the most interesting point of lack of concern for children, that there was more concern for animals in our society, and so on. There is much in what he said, particularly as regards those who condemn violence in this field and not on the television screen, also. But the Bill is concerned only with competitive hare coursing, which is an anachronism in our society.
I ask for the support of the House in giving the Bill its Second Reading.
rose in his place and claimed to move,That the Question be now put.
Question put,That the Question be now put:—
The House divided:Ayes 197, Noes 72.
| Kerby, Capt. Henry | Morgan, Elystan (Cardiganshire) | Ross, Rt. Hn. William |
| Kerr, Mrs. Anne (R'ter & Chatham) | Morris, Alfred (Wythenshawe) | Shaw, Arnold (llford, S.) |
| Latham, Arthur | Morris, Charles R. (Openshaw) | Sheldon, Robert |
| Lee, Rt. Hn. Jennie (Cannock) | Morris, John (Aberavon) | Shore, Rt. Hn. Peter (Stepney) |
| Lester, Miss Joan | Moyle, Roland | Short,Rt.Hn.Edward(N'c'tle-u-Tyne) |
| Lever, Bt. Hn. Harold (Cheetham) | Newens, Stan | Short, Mrs. Renée(W'hampton, N.E.) |
| Lewis, Arthur (W. Ham, N.) | Oakes, Gordon | Silkin, Rt. Hn. John (Deptford) |
| Lipton, Marcus | Ogden, Eric | Silkin, Hn. S. C. (Dulwich) |
| Lomas, Kenneth | O'Halloran, Michael | Silverman, Julius |
| Loughlin, Charles | Orme, Stanley | Small, William |
| Luard, Evan | Oswald, Thomas | Spriggs, Leslie |
| Lyon, Alexander W. (York) | Owen, Dr. David (Plymouth, S'tn) | Steel, David (Roxburgh) |
| Lyons, Edward (Bradford, E.) | Palmer, Arthur | Stonehouse, Rt. Hn. John |
| Mabon, Dr. J. Dickson | Pannell, Rt. Hn. Charles | Summerskill, Hn. Dr. Shirley |
| McBride, Neil | Parker, John (Dagenham) | Taverne, Dick |
| McCann, John | Parkyn, Brian (Bedford) | Thomas, Rt. Hn. George |
| MacColl, James | Pavitt, Laurence | Tinn, James |
| MacDermot, Niall | Peart, Rt. Hn. Fred | Tuck, Raphael |
| Mackenzie, Gregor (Rutherglen) | Pentland, Norman | Urwin, T. W. |
| Mackie, John | Perry, Ernest G. (Battersea, S.) | Walden, Brian (AH Saints) |
| McNamara, J. Kevin | Prentice, Rt. Hn. Reg. | Walker, Harold (Doncaster) |
| Macpherson, Malcolm | Price, Christopher (Perry Barr) | Wallace, George |
| Mahon, Peter (Preston, S.) | Price William (Rugby) | Weitzman, David |
| Mahon, Simon (Bootle) | Wellbeloved, James | |
| Mallalieu, J.P.W.(Huddersfield,E.) | Rees, Merlyn | Wells, William (Walsall, N.) |
| Marks, Kenneth | Rhodes, Geoffrey | Whitaker, Ben |
| Marquand, David | Richard, Ivor | White, Mrs. Eirene |
| Maxwell, Robert | Roberts, Rt. Hn. Goronwy | Willey, Rt. Hn. Frederick |
| Mellish, Rt. Hn. Robert | Roberts, Gwilym (Bedfordshire, S.) | |
| Mendelson, John | Robinson, Rt. Hn. Kenneth(St.P'c'as) | Winnick David |
| Miller, Dr. M. S. | Rodgers, William (Stockton) | |
| Mitchell, R. C. (S'th'pton, Test) | Roebuck, Ray | TELLERS FOR THE AYES: |
| Molloy, William | Rogers, George (Kensington, N.) | Mr. R. F. H. Dobson and |
| Rose, Paul | Mr. William Hamling. |
NOES
| ||
| Allason, James (Hemel Hempstead) | Grant-Ferris, Sir Robert | Onslow, Cranley |
| Amery, Rt. Hn. Julian | Griffiths, Eldon (Bury St. Edmunds) | Percival, Ian |
| Astor, John | Harrison, Brian (Maldon) | Peyton, John |
| Biffen, John | Harrison, Col. Sir Harwood (Eye) | Pounder, Rafton |
| Biggs-Davison, John | Hastings, Stephen | Powell, Rt. Hn. J. Enoch |
| Body, Richard | Hawkins, Paul | Ramsden, Rt. Hn. James |
| Boyle, Rt. Hn. Sir Edward | Hay, John | |
| Brinton, Sir Tatton | Irvine, Bryant Godman (Rye) | Rawlinson, Rt. Hn. Sir Peter |
| Bromley-Davenport,Lt.-Col.Sir Walter | Kershaw, Anthony | Ridley, Hn. Nicholas |
| Bryan, Paul | Kimball, Marcus | Rippon, Rt. Hn. Geoffrey |
| Buck, Antony (Colchester) | Kirk, Peter | Shaw, Michael (Sc'b'gh & Whitby) |
| Chichester-Clark, R. | Kitson, Timothy | Smith, John (London & W'minster) |
| Cooke, Robert | Langford-Holt, Sir John | Summers, Sir Spencer |
| Corfield, F. V. | Legge-Bourke, Sir Harry | Turton, Rt. Hn. R. H. |
| Crouch, David | McMaster, Stanley | Walker-Smith, Rt. Hn. Sir Derek |
| d'Avigdor-Goldsmid, Sir Henry | Macmllian, Maurice (Farnham) | Weatherill, Bernard |
| Dean, Paul | Marten, Neil | Wells, John (Maidstone) |
| Deedes, Rt. Hn. W. F. (Ashford) | Maxwell-Hyslop, R. J. | Wiggin, Jerry |
| Digby, Simon Wingffeld | Maydon, Lt.-Cmdr. S. L. C. | Wood, Rt. Hn. Richard |
| Donnelly, Desmond | Mills, Peter (Torrington) | Woodnutt, Mark |
| Emery, Peter | Mitchell, David (Basingstoke) | Worsley, Marcus |
| Errington, Sir Eric | More, Jasper | |
| Farr, John | Morrison, Charles (Devizes) | |
| Fraser, Rt. Hn. Hugh(St'fford & Stone) | Mott-Radclyffe, Sir Charles | TELLERS FOR THE NOES: |
| Gilmour, Sir John (Fife, E.) | Murton, Oscar | Mr. Michael Hamilton and |
| Godber, Rt. Hn. J. B. | Nabarro, Sir Gerald | Mr. David Gibson-Watt. |
Question put accordingly, That the Bill be now read a Second time—
Division No. 130.]
| AYES
| [10.58 p.m.
|
| Allaun, Frank (Salford, E.) | Booth, Albert | Castle, Rt. Hn. Barbara |
| Alldritt, Walter | Boston, Terence | Coe, Denis |
| Archer, Peter (R'wley Regis & Tipt'n) | Bottomley, Rt. Hn. Arthur | Coleman, Donald |
| Armstrong, Ernest | Bray, Dr. Jeremy | Concannon, J. D. |
| Atkins, Ronald (Preston, N.) | Brooks, Edwin | Crawshaw, Richard |
| Atkinson, Norman (Tottenham) | Brown, Bob(N'c'tle-upon-Tyne,W.) | Crosland, Rt. Hn. Anthony |
| Barnett, Joel | Brown, R. W. (Shoreditch & F'bury) | Crouch, David |
| Bence, Cyril | Buchan, Norman | Dalyell, Tarn |
| Bessell, Peter | Butler, Herbert (Hackney, C.) | Davidson, Arthur (Accrington) |
| Bidwell, Sydney | Butler, Mrs. Joyce (Wood Green) | Davies, Dr. Ernest (Stretford) |
| Binns, John | Cant, R. B. | Davies, Rt. Hn. Harold (Leek) |
| Bishop, E. S. | Carmichael, Neil | Davies, Ifor (Gower) |
| Bienkinsop, Arthur | Carter-Jones, Lewis | de Freitas, Rt. Hn. Sir Geoffrey |
The House Divided:Ayes 203, Nose 70.
| Delargy, H. J. | Jenkins, Hugh (Putney) | Pannell, Rt. Hn. Charles |
| Dell, Rt. Hn. Edmund | Johnson, Carol (Lewisham, S.) | Parker, John (Dagenham) |
| Dewar, Donald | Johnson, James (K'ston-on-Hull, W.) | Parkyn, Brian (Bedford) |
| Diamond, Rt. Hn. | John Jones, Dan (Burnley) | Pavitt, Laurence |
| Dickens, James | Jones. Rt. Hn. Sir Elwyn(W.Ham,S.) | Peart, Rt. Hn. Fred |
| Doig, Peter | Jones, J. Idwal (Wrexham) | Pentland, Norman |
| Driberg, Tom | Judd, Frank | Perry, Ernest G. (Battersea, S.) |
| Dunn, James A. | Kolley, Richard | Pounder, Rafton |
| Dunnett, jack | Kenyon, Clifford | Prentice, Rt. Hn. Reg. |
| Dunwoody, Mrs. Gwyneth (Exeter) | Kerby, Capt. Henry | Price, Christopher (Perry Barr) |
| Edelman, Maurice | Kerr, Mrs. Anne (R'ter & Chatham) | Price, William (Rugby) |
| Edwards, William (Merioneth) | Latham, Arthur | Rees, Merlyn |
| Ellis, John | Lee, Rt. Hn. Jennie (Cannock) | Rhodes, Geoffrey |
| Ennals, David | Lestor, Miss Joan | Richard, Ivor |
| Evans, Fred (Caerphilly) | Lever, Rt. Hn. Harold (Cheetham) | Roberts, Rt. Hn. Goronwy |
| Evans, loan L. (Birm'h'm, Yardley) | Lewis, Arthur (W. Ham, N.) | Roberts, Gwilym (Bedfordshire, S. |
| Ewing, Mrs. Winifred | Lipton, Marcus | Robinson Rt. Hn. Kenneth(St P'c'as) |
| Eyre, Reginald | Lomas, Kenneth | Rodgers William (Stockton) |
| Faulds, Andrew | Loughlin, Charles | Roebuck, Roy |
| Fernyhough, E. | Luard, Evan | Rogers, George (Kensington! N.) |
| Finch, Harold | Lyon, Alexander W. (York) | Rose, Paul |
| Fitch, Alan (Wigan) | Lyons, Edward (Bradford, E.) | Ross, Rt. Hn. William |
| Fitt, Gerard (Belfast, W.) | Mabon, Dr. J. Dickson | Shaw, Arnold (llford, S.) |
| Fletcher, Raymond (llkeston) | McBride Neil | Sheldon, Robert |
| Fletcher, Ted (Darlington) | McCann, John | Shore, Rt. Hn. Peter (Stepney) |
| Foot, Rt. Hn. Sir Dingle (Ipswich) | MacColl, James | Short, Rt. Hn. Edward(N'c'tie-u-Tyne) |
| Foot, Michael (Ebbw Vale) | MacDermot, Niall | Short, Mrs. Renée(W hampton,N.E.)) |
| Forrester, John | Mackenzie, Gregor (Rutherglen) | Silkin, Rt. Hn. John(Deptford) |
| Fowler, Gerry | Mackie, John | Silkin, Hn. S. C.(Dulwich) |
| Fraser, John (Norwood) | McNamara, J. Kevin | Silverman, Julius |
| Freeson, Reginald | MacPherson, Malclom | Spriggs, Leslie |
| Garrett, W. E. | Mahon, Peter (Preston, S.) | Steel, David(Roxburgh) |
| Golding, John | Mahon, Simon (Bootle) | Stonehouse, Rt. Hn. John |
| Goodhart, Philip | Mallalieu. J.P. W.(Huddersfieldt,E.) | Summerskill, Hn. Dr. Shirley |
| Gray, Dr. Hugh (Yarmouth) | Marks, Kenneth | Taverne, Dick |
| Greenwood, Rt. Hn. Anthony | Marquand, David | Thatcher, Mrs. Margaret |
| Gregory, Arnold | Maxwell, Robert | Thomas, Rt. Hn. George |
| Griffiths, Eddie (Brightside) | Mellsh, Rt. Hn. Robert | Tinn, James |
| Griffiths, Will (Exchange) | Mendelson, John | Tuck, Raphael |
| Gunter, Rt. Hn. R. J. | Miller, Dr. M. S. | Urwin, T. W. |
| Harper, Joseph | Mitchell, R. C. (S'th'pton, Test) | Walden, Brian (All Saints) |
| Harrison, Walter (Wakefield) | Molloy, William | Walker, Harold (Doncaster) |
| Hart, Rt. Hn. Judith | Morgan, Elystan (Cardiganshire) | Wallace, George |
| Haseldine, Norman | Morris, Alfred (Wythenshawe) | Weatherill, Bernard |
| Healey, Rt. Hn. Denis | Morris, Charles R. (Openshaw) | Weitzman, David |
| Heffer, Eric S. | Morris, John (Aberavon) | Wellbeloved, James |
| Higgine, Terence L. | Wells, William (Walsall, N.) | |
| Hooley, Frank | Moyle, Roland | Whltaker, Ben |
| Howarth, Robert (Bolton, E.) | Murton,Oscar | White, Mrs. Eirene |
| Howell, Denis (Small Heath) | Newens, Stan | Willey, Rt. Hn. Frederick |
| Huckfield, Leslie | Oakes, Gordon | Wilson, William (Coventry, S.) |
| Hughes, Rt. Hn. Cledwyn (Anglesey) | Ogden, Eric | Winnick, David |
| Irvine, Rt. Hn. Sir Arthur | O'Halloran, Michael | |
| Jackson, Peter M. (High Peak) | Orme, Stanley | |
| Janner, Sir Barnett | Oswald, Thomas | TELLERS FOR THE AYES: |
| Jay, Rt. Hn. Douglas | Owen, Dr. David (Plymouth, S'tn) | Mr. William Hamling and |
| Jeger,Mrs.Lena(H'b'n&St.P'cras,S.) | Palmer, Arthur | Mr. R. F. H. Dobson. |
NOES
| ||
| Allason, James (Hemel Hempstead) | Fraser, Rt. Hn. Hugh(St'fford & Stone) | Maydon, Lt.-Cmdr. S. L. C. |
| Amery, Rt. Hn. Julian | Gilmour, Sir John (Fife, E.) | Mills, Peter (Torrington) |
| Astor, John | Godber, Rt. Hn. J. B. | Mitchell, David (Basingstoke) |
| Biffen, John | Grant-Ferris, Sir Robert | More, Jasper |
| Biggs-Davison, John | Griffiths, Eldon (Bury St. Edmunds) | Morrison, Charles (Devizes) |
| Body, Richard | Harrison, Brian (Maldon) | Mott-Radclyffe, Sir Charles |
| Boyle, Rt. Hn. Sir Edward | Harrison, Col. Sir Harwood (Eye) | Nabarro, Sir Gerald |
| Brinton, Sir Tatton | Hastings, Stephen | Nott, John |
| Bromley-Davenport, Lt. -Col.Sir Waltw | Hawkins, Paul | Onslow, Cranley |
| Bryan, Paul | Hay, John | Paget, R. T. |
| Buck, Antony (Colchester) | Irvine, Bryant Godman (Rye) | Percival, Ian |
| Cooke, Robert | Kershaw, Anthony | Peyton, John |
| Corfield, F. V. | Kimball, Marcus | Powell, Rt. Hn. J. Enoch |
| d'Avigdor-Goldsmid, Sir Henry | Kirk, Peter | Ramsden, Rt. Hn. James |
| Dean, Paul | Kitson, Timothy | Rawlinson, Rt. Hn. Sir Peter |
| Deedes, Rt. Hn. W. F. (Ashford) | Langford-Holt, Sir John | Renton, Rt. Hn. Sir David |
| Digby, Simon Wingfield | Legge-Bourke, Sir Harry | Rippon, Rt. Hn. Geoffrey |
| Donnelly, Desmond | MoMaster, Stanley | Shaw, Michael (Sc'b'gh & Whltby) |
| Emery, Peter | Macmilian, Maurice (Farnham) | Smith, John (London & W'minster) |
| Errington, Sir Eric | Marten, Neil | Summers, Sir Spencer |
| Farr, John | Maxwell-Hyslop, R. J. | Turton, Rt. Hn. R. H. |
| Walker-Smith, Rt. Hn. Sir Derek | Wood, Rt. Hn. Richard | TELLERS FOR THE NOES: |
| Wets, John (Maidstone) | Woodnutt, Mark | Mr. Michael Hamilton and |
| Wiggin, A. W. | Worsley, Marcus | Mr. David Gibson-Watt. |
Bill accordingly read a Second time.
Bill committed to a Standing Committee pursuant to Standing Order No. 40 (Committal of Bills).
Administration Of Justicebill Lords
Order read for resuming adjourned debate on Amendment proposed [4th May], on Consideration of the Bill, as amended (in the Standing Committee).
Which Amendment was: In page 4, line 17, to leave out subsection (4).
New Amendments have been put on the Notice Paper since we last debated the Bill. I have selected Amendment No. 58, with which I suggest we take Amendments Nos. 59, 60, 61 and 62, and Amendment No. 63, which we will discuss with Amendment No. 22.
Question again proposed,That the Amendment be made.
11.8 p.m.
This is a purely technical and consequential Amendment necessitated by the adoption of the Amendment which deleted subsection (3) of Clause 3.
Amendment agreed to.
Clause 15
EFFECT AND CONTENTS OF ORDER
I beg to move Amendment No. 9, in line 5, leave out from ' Act ' to end of line 6.
With this Amendment it will be convenient to debate Amendment No. 28.
Amendment agreed to.
The next Amendment is No. 12, with which I have suggested we should take Amendments Nos. 13 and 14.
You have just said, Mr. Speaker, that you intended to call Amendment No. 58. Since Amendments Nos. 59, 60, 61 and 62 are consequential upon Amendment No. 58, I assume that they will be called. It would not be the wish of my right hon. Friend or myself to move Amendments Nos. 12, 13 and 14, as they are alternatives.
Would it be in accordance with your wishes, Mr. Deputy Speaker, if I were now to move Amendment No. 58, with which Amendments Nos. 59, 60, 61 and 62 are to be discussed?I am sure that that would be most acceptable to the House.
Clause 17
INTERRELATION WITH ALTERNATIVE
REMEDIES OPEN TO CREDITOR
I beg to move Amendment No. 58, in page 14, line 2, leave out from ' debt ' to ' no ' in line 7 and insert:
That was the view of the Attorney-General at the time. Believing at that time that we had little chance of persuading him to alter that view, my right hon. and learned Friend the Member for Epsom (Sir P. Rawlinson) and I tabled an Amendment the effect of which would have been to bring subsection (1) into line with subsection (2). I am happy to tell the House that a few days ago the Attorney-General was kind and generous enough to inform me that the Government had reconsidered the matter and, instead of disputing the issue with us as to whether subsection (1) should be brought into line with subsection (2), were prepared to recommend that subsection (2) should be brought into line with subsection (1). On that important issue of principle, the Attorney-General and the Opposition spokesmen were happy to agree. The right hon. and learned Gentleman was generous enough to say that, that measure of agreement having been reached, he would invite those who assist him, the parliamentary draftsmen, to give effect to this intention and table Amendments in the names of my right hon. and learned Friend and myself. Because I think that the drafting of Amendments Nos. 58, 59 and 60 gives effect to that intention, and amends subsection (2) so as to bring it into line with subsection (1) and brings about a situation in which it is not necessary first to obtain the discharge of an order before proceeding in respect of any other remedy, produces a situation where, with the leave of the court, a judgment debtor may proceed at least to attempt to enforce other remedies without obtaining a discharge of the attachment order, I am happy to commend these Amendments to the House, in the knowledge that they will be endorsed by the Attorney-General. I believe that Amendments Nos. 61 and 62 are purely consequential."…I must resist the hon. and learned Gentleman's blandishments. It seems to me that the only practical course where an attachment order is in existence, in order to avoid the kind of complications that I mentioned in my earlier submissions to the Committee, is for the creditor first to seek the discharge of the attachment order before he seeks to go to the remedies of committal or execution which would be open to him. I do not think any other course would be prudent."— [OFFICIAL REPORT,Standing CommitteeG, 9th April. 1970; c. 194.]
Clause 17 deals with the inter-relation of alternative remedies open to the creditor. The Amendments are helpful to achieve the purpose of the Clause. I am grateful to the hon. and learned Member for the industry which he has applied to this technical problem, and I am happy to agree to the Amendments.
Amendment agreed to.
Further Amendments made:No. 59, in page 14, line 9, at end insert:
(3) An attachment of earnings order made to secure the payment of a judgment debt shall cease to have effect on the making of an order of commitment or the issue of a warrant of commitment for the enforcement of the debt.
No. 60, in page 14, line 13, at end insert:
(4) Where an attachment of earnings order ceases to have effect under this section, the proper officer of the prescribed court shall give notice of the cessation to the person to whom the order was directed.—[ Mr. Percival.]
Clause 18
VARIATION, LAPSE AND DISCHARGE
OF ORDERS
11.15 p.m.
I beg to move Amendment No. 16, in page 14, line 41, after deducted ' insert at any time '.
With this Amendment it will be convenient to take Amendment No. 15, in page 14, line 39,
leave out from ' shall ' to ' unless ' in line 42 and insert:and Government Amendment No. 17. The Attorney-General: Clause 18(4) provides that:' for the purposes of compliance therewith lapse (except as regards deductions from earnings paid after the cesser and payment to the collecting officer of amounts deducted whether before or after the cesser)'.
Clause 18(5) provides that" Where an attachment of earnings order has been made and the person to whom it is directed ceases to have the debtor in his employment, the order shall lapse…unless and until the court again directs it to a person (whether the same as before or another) who appears to the court to have the debtor in his employment."
It was suggested in Committee that as subsection (4) does not in terms refer to any purposes, it is difficult to know in what respects a lapsed order is to be treated, by virtue of subsection (5), as being still in force. Amendment No. 15 seeks to meet the point by providing that on the cesser of the debtor's employment the attachment order shall lapse for the purposes of compliance therewith. I submit, therefore, that the Amendment is unnecessary, but the objects sought by it are covered by Amendments Nos. 16 and 17." Where an order lapses under subsection (4) above it shall not be treated, for the purposes of this Act other than those of the subsection, as ceasing to be in force."
I think that undoubtedly what the right hon. and learned Gentleman has said is correct and I am happy to accept his proposal.
This is an absurd time at which the Bill and its complications, which will affect many people, should have to be debated by the House. It is of an extremely complicated and technical nature. I believe that the House is in for a great deal of criticism about the legislation that it passes and the difficulty of its interpretation by those who have to be able to understand it. At least we might have on record that it is at this late hour that we discussed these complex and complicated matters. I regret that the Government could not have found another time for us to discuss the Bill. Nevertheless, what the right hon. and learned Gentleman has proposed in Amendments Nos. 16 and 17 does, in effect, carry out what we are seeking to do, which is to try to make this matter more clear, enforceable and workable, so that those who have to carry out, execute and interpret hereafter the law passed in this House can the more easily understand what we are about.As my right hon. and learned Friend said, we are discussing the Bill at a strange time. As a layman, may I ask the Attorney-General to clarify a little further what exactly " at any time " means. Does " any time " mean any time?
It means precisely what it says—at any time.
Amendment agreed to.
Further Amendment made:No. 17, in page 15, line 1, leave out subsection (5) and insert—
(5) The lapse of an order under subsection (4) above shall not prevent its being treated as remaining in force for other purposes.
Amendment No. 61. The Question is that the Amendment be made. Those in favour say, " Aye "; to the contrary, " No."
No.
Amendment No. 61 was discussed with Amendment No. 58. It was an Amendment by the hon. Gentleman's hon. and learned Friend the Member for Southport (Mr. Percival). It has been proposed and put to the House and it is in order.
Amendment made:No. 61, in page 15, line 7, after etc.) ', insert' or under section 17 of this Act '.—[Mr. Percival.]
I beg to move Amendment No. 18, in page 15, line 9, leave out from not ' to first in ' in line 10.
With this Amendment we are to take Amendment No. 19, in page 15. line 13 at end insert:
' incur any liability other than a liability to repay to his employee such sums if any as may have been deducted by him in respect of periods subsequent to the date on which the order ceased to have effect or the date as from or upon which the discharge of the said order became effective '.
I echo what was said by my right hon. and learned Friend the Member for Epsom (Sir P. Rawlinson). This is an extraordinary time of day at which to discuss things which, to hon. Members, may seem remote and even perhaps a little difficult, but the minute the Bill becomes law these things will be of real interest to the people about whom we are talking.
Curious as the hour is for discussing this sort of thing, and whatever the reason for us having to discuss it at this hour—whether it is to punish us for having 105 Members here, or to punish the other side for having had only 104 Members here—it behoves us to discuss it with something less than the levity with which I moved the first Amendment. I felt in that instance that I could indulge in a little levity because I knew that the Amendments were to be accepted. I am not so confident about these. In fact, I have substantial reason to believe that their fate may be different. Amendment No. 18 is a paving Amendment. The whole point of the Amendment is to clarify what will happen if an order is discharged, but before notice has been given to the employer that it has been discharged he has deducted from his employee's wages perhaps two or three weeks' deductions. This may not matter very much to us in this House, but to the employee who has had these sums deducted it might matter a great deal. The question is what is to happen about those deductions? In Committee, the Attorney-General, at c. 207, first agreed with me that it would be desirable that in those circumstances the employer should be under a liability to pay that money back to the employee, and I think that that is right. I do not think it is sufficient that that money may finally find its way back to the employee. It is important that it should find its way back to the employee quickly. It may mean very little to the employer, or to anybody else, but it may mean a lot to the employee whether he gets the money back this week or in six weeks' time; whether he gets it back from his employer, or whether he has to go to the court to get it back. Though I am a lawyer with a vested interest in the maximum number of applications to the court, curiously enough, like all other lawyers, I spend a lot of my time ensuring that the number of applications made to the courts is kept to the minimum. I think that we lawyers can fairly say that we spend a lot of our time doing that because we know better than most how much time and money can be wasted in applications which would be better avoided if there is any way of avoiding them. In Committee, the Attorney-General professed to agree with that objective, but then he said:The right hon. and learned Gentleman then generously went on to say:"I have just had my attention drawn to what is contemplated. The employer must pay the money into court, and he is not then liable to repay to the man. The remedy for the man then lies with the court, apparently, and he must seek his remedy there. That seems to be the position."
The purpose of the Amendments is purely and simply to make certain that that silly situation does not arise. If an attachment of earnings order is discharged because the payments have been completed, but before the employer gets notice of the discharge he deducts another week's or two or three weeks' deductions, instead of paying that money into court and the man having to go to the court and get it—less deductions all along the way, because there have to be deductions if someone goes through a cumbersome procedure like that—the employer should be under a liability to repay that money to his employee direct, without the nonsense of going to court. I apprehend that the Attorney-General will say that the Amendment is not necessary to secure the objective. I would only point out that if the Amendment were accepted there would be no room for doubt. It would be quite clear that the money was to be paid straight back to the employee. For that reason, whether it is necessary or not, and whether the same result might be achieved or not, under the Bill as it stands—and late as the hour is—I urge upon the Government the desirability of making it clear beyond a peradventure that in the circumstances I have outlined we shall not be faced within a few months with the stupid situation of money being paid into court and the debtor having to go to court to get it out again, with costs all along the line. It may be a detail, but this kind of thing brings the law into disrepute, and the one thing that our society cannot afford is to create more and more opportunities for bringing the law into disrepute. Whether the Amendment is necessary or not, could not we have it, for the avoidance of any doubt, and so as to make it clear that such a stupid situation as I have mentioned shall not arise?" It seems to me to be a somewhat cumbersome arrangement, if I may say so, and perhaps I ought to look at it, and see whether we can eliminate the necessity of continuing references to the court. Whether there is some means by which we can eliminate yet another stage of court reference, I do not know. I should certainly like to examine the possibility."—[OFFICIAL REPORT, Standing Committee G,9th April, 1970; c. 208.1
We have looked at this problem carefully and sympathetically, but we have come to the conclusion that the Amendments are not necessary and would create difficult complications. As the House has been told, subsection (6) provides that where an attachment of earnings order ceases to have effect or is discharged the employer who is responsible for collecting the money shall not incur any liability in consequence of his treating the order as still in force before the expiration of seven days from the service on him of a notice of cesser or discharge. The effect of the Amendments would be to make the employer liable, notwithstanding this provision, to repay to the debtor any sums which the employer may have deducted from his wages after the cesser or discharge.
The possibility envisaged by the Amendment is seldom likely to arise. In practice, notice of the cesser or discharge of an attachment order will be sent to the employer within a day or so after the cesser or discharge takes place. It is, therefore, very unlikely that the employer will have made a deduction from the debtor's wages between the date of the cesser or discharge and the date on which he receives notice. It may take him a few days to give effect to the notice, particularly if his accounts are computerised, or the debtor is employed at a branch office. In the meantime, a deduction may be made from the debtor's wages which is no longer authorised by a subsisting order; but the whole point of giving the employer seven days' grace is to relieve him of responsibility for consequences which he has no practical means of avoiding. The employer is not obliged to treat the attachment order as still subsisting after its cesser or discharge. If he subsequently makes a deduction, he need not pay the money to the collecting officer. He can, if he likes, repay the money to the debtor or his employer. It is likely that in this rare event that is what he would do. But he ought not to be obliged to do so. Just as it may be impracticable for him, during the period of seven days' grace, to cancel the arrangements he has made for making deductions from the debtor's wages, so it may be impracticable for him to intercept the money before it is paid over to the collecting officer. This does not mean, of course, that the debtor will suffer any loss. On receipt of the money, the collecting officer, if it goes to the court, must of course repay it to the debtor if it was deducted from his wages after the cesser or discharge of the attachment order. Administrative arrangements will be made for the collecting officer to send the money to the debtor without his having to make any formal request, so there is no question of his having to go back to the court with a duplication of court proceedings. We have considered this carefully and we feel that what is provided for is the most practical arrangement.11.30 p.m.
Having listened to the right hon. and learned Gentleman's explanation very carefully, I feel that he is placing undue reliance on the ability of the county courts, especially in crowded cities like Birmingham, to deal expeditiously with thousands of matters of this kind. In my experience, county courts are often days behind in sending out notices in routine matters, so, in a great number of cases, difficulties of this kind will arise.
The Attorney-General said that, in the event of a payment being made, the court will, of its own volition, refund to the man the money due to him, but this again, with respect, puts an unnecessary strain on the machinery of the court. The man may have to wait a considerable time for this small sum to be reimbursed and go through the machinery of the court. He could be seriously inconvenienced. These are small sums to us, but they could be important to the man concerned. Surely it would be much more efficient to accept the Amendment and allow the employer to reimburse this sum. Why involve everyone in this complicated machinery and these extra accounting items in the county court? It is making a demand on the machine which it cannot satisfy. Surely it would be better to give way and accept the practicability of my hon. and learned Friend's suggestion.The problem is to relieve employers of impossible burdens. Attachment of earnings already places considerable burdens on them, and to compel them to do this in seven days as a duty when the machinery of computerisation, and so on, may make it impossible creates practical difficulties in regard to a situation which we think will rarely arise.
We have gone into this carefully with the court authorities and we believe that it would put an intolerable burden on them. Accordingly, I hope that the House will accept the reasonableness of what is proposed.My right hon. and learned Friend will know, from the experience of his office, that, in relation to attachment of earnings orders in the magistrates' courts, this problem has arisen already. If there is a real problem, as hon. Members opposite suggest, one would have thought that it would have shown up by now in this case. Has that point been investigated?
There is no evidence of any difficulty in the working of attachment orders in relation to maintenance matters creating the kind of worry which concerns hon. Gentlemen opposite. I am grateful to my hon. Friend for that intervention.
I was glad to notice that my right hon. and learned Friend does not share the devotion of the Ministry of Technology to computers, and that he realises that computerisation slows everything up and does not speed things at all, and that things are done much more accurately in old-fashioned handwriting than in any other way.
However, I was a little concerned when I thought that I heard him say, at some point in this—to us laymen—slightly obscure process which he has been arguing about which the mellifluous Front Bench spokesman of the Opposition, that something would be done in one day. Does he really think that anything to do with the law or the courts would be forwarded, even by 5d. post, in one day or even in two or three?I said that the contingency of the matter coming before the courts—that is, where there has been an attachment of earnings taking away, say, some aspect of a week's pay—would be extremely rare. Generally speaking, an employer would be more likely to immediately pay back the money to his employee. After all, he would no doubt wish to keep on good terms with that employee.
We are, therefore, in the realm of difficulties that are not likely to arise, and as the court will be holding money which it is its duty to pay over, it will wish to do that quickly. There is a good record in this sort of matter.We often hear used in this House the phrase, " We are in the realm of difficulties that are not likely to arise," but often, a few months after its use, we are either being concerned in those difficulties or seeing them reported in the newspapers. The sole purpose of the Amendment is to ensure that those difficulties do not arise. I am happy to hear the right hon. and learned Gentleman say they are not likely to arise, but I am not entirely convinced by his comments.
My hon. Friends, not being in power, are not really in a position to deal with such technicalities. Responsibility in this matter must rest with the Government and, on purely technical matters like this, we must accept the advice of the Attorney-General. I hope that he is right, because the last thing we want to see is litigation or difficulties arising which could have been avoided. I therefore beg to ask leave to withdraw the Amendment.Amendment, by leave, withdrawn.
Amendment made:No. 62, in page 15, line 12, after ' 9(2)% insert or section 17 '.—[ Sir P. Rawlinson.]
Clause 23
CONSOLIDATED ORDERS
I have further considered the representations made by the hon. and learned Member for Southport (Mr. Percival) about Amendment No. 63. Although he has not put it on his list of selected Amendments, Mr. Speaker has selected that Amendment; and as it is related to Amendment No. 22, I proposed to call the hon. and learned Member for Southport to move Amendment No. 63, with which it will be in order to discuss Amendment No. 22, in page 18, line 43, at end insert:
(e) for enabling a creditor to apply to either of the aforesaid courts to exercise the aforesaid powers or any of them.I am obliged, Mr. Deputy Speaker.
I beg to move Amendment No. 63 in page 18, line 32, at end insert— (c) for the cases in which any power exercisable under this section or the rules may be exercised by a court of its own motion or on the application of a prescribed person. This is another Amendment which I move with an unusual degree of confidence because the Attorney-General has been good enough to indicate to me that it would be acceptable, whereas Amendment No. 22 would not. Indeed, Amendment No. 63 has been drafted by parliamentary draftsmen, so that from both points of view, as with Amendments Nos. 58, 59 and 60, I have confidence about the outcome of my efforts on this occasion. We discussed in Committee in some detail the question to which the Amendment relates which is that of consolidating orders and the possible rights of an employer or creditor to apply for the court to exercise the powers which it will have under the Clause, which was added as a new Clause in Committee. Amendment No. 63 is far better than Amendment No. 22 in that it is much wider and enables the Government, by rules, to provide for all the cases we had in mind when we discussed the matter in Committee. As I shall later be critical of the Government and the Attorney-General, I wish to express my appreciation to them for their assistance in this matter, which has led to the substitution of Amendment No. 63 for, and which is a far better proposal than, Amendment No. 22.Again, I am most happy to accept the Amendment moved by the hon. and learned Member for Southport (Mr. Percival), and, again, I thank him for his assistance in the matter. The Amendment enables rules to provide for the power to make a consolidated attachment order or any other power conferred by the rules to be exercised not only by a court of its own motion but on the application of a prescribed person, be he employer or credi tor. It adds a useful provision to the Bill and I give it my support.
I wonder whether the Attorney-General can explain to a mere layman who has had some experience of this matter as a private citizen whether the provisions which we are now asked to support will make it easier—or, indeed, possible—for an injured party, who is awarded restitution in a magistrates' court from those who have injured him, to receive any moneys from the people who were convicted of the crime which has injured him.
I understand that if one is awarded restitution by the magistrates, the chances of one's actually getting anything from the people who have injured one are fairly remote, unless one proceeds by means of private or civil action on one's own behalf. Will what we are now asked to support make it any easier for the courts to ensure that, having awarded a citizen a sum in restitution, he gets something back from the person who has injured him?The Clause provides for consolidating attachment orders. If there were an attachment order which had applied to a restitution which was ordered by the magistrates' court, the Clause certainly assists in enabling consolidation to take place, avoiding a scramble by the competitors for a limited amount of money that might exist on the part of the debtor. To that extent, it might be useful.
I understand that an attachment order is not automatic in the case of an award of restitution. How would the citizen proceed to get an attachment order to make sure that he got something?
He would have to go to the court to apply for an attachment order. He would, first, presumably, try to recover the amount that the court had ordered should be paid by restitution through the usual means, by letter, through solicitors. If he failed, instead of the present system of a threat of imprisonment in respect of the matter, he would have to go to the court for an attachment order to execute. If there was any money in the " kitty " he would get it, but if other attachment orders had been made against the defendant in the particular case, he would have to take his share with the other creditors.
Amendment agreed to.
I beg to move Amendment No. 21, in page 18, line 38, leave out from excluding ' to end of line 43 and insert:
In the debate on Clause 23, members of the Committee expressed concern at the powers which were to be given to the rule-making authorities under subsection (3)(d) to modify or exclude from the provisions of the Bill the Maintenance Orders Act, 1958, and Part III of the Magistrates' Courts Act, 1952. It was suggested that that was not a proper use of the rule-making power. I undertook to consider the point, and the Amendment is the result of that further consideration. The Amendment differs from the wording at present in the Bill in that it excludes all but Sections 9 and 20 of the 1958 Act from modification or exclusion and it makes it clearer than the existing wording that the rules may only modify or exclude provisions so far as it is necessary to do so to conform to the rules which are made to enable attachment of earnings orders to be consolidated. I hope that the hon. and learned Member for Southport (Mr. Percival), who raised the matter, will feel that we have met the substance of what was concerning him.' provisions of this Part of this Act, section 9 or 20 of the Act of 1958 or Part III of the Act of 1952, but only so far as may be necessary or expedient for securing conformity with the operation of rules made by virtue of paragraphs (a) to (c) of this subsection,'.
11.45 p.m.
Again, I am happy to be able to say that we appreciate that this is a genuine effort to meet a point raised in Committee. I am not sure that it meets it altogether, but I appreciate that it is an extremely difficult point to meet fully. If we were to impose even more limitation, we might limit too much. I rise only to express appreciation the attempt which has been made and the result it has produced.
Amendment agreed to.
Clause 25
ENFORCEMENT PROVISIONS
I beg to move Amendment No. 23, in page 20, line 34, after ` or ', insert—
' in the case of an offence specified in sub-section (4) below'
With this Amendment the following Amendments can be considered: No. 24, in page 20. line 34, after or ', insert:
and No. 25, in page 20, line 37, at end insert:' if he be the debtor';
(4) The offences referred to above in the case of which a judge may impose imprison-ment are—
Clause 25(3) provides that where a person commits an offence under subsection (2) in relation to proceedings in the High Court or a county court, he shall be liable on summary conviction to a fine not exceeding £25, or may be ordered by the High Court or the county court judge to pay a fine not exceeding £25 or to be imprisoned for not more than 14 days.
The Amendment would confine the sentence of imprisonment to offences by the debtor. The effect would be the same, but would also enable an employer to be imprisoned for offences involving recklessness or dishonesty. The House may feel that this is a reasonable compromise, in the circumstances.As anyone who has followed the process of the Bill and previously the Payne Committee's considerations, will appreciate, here we come to the enforcement provisions. The enforcement provisions are difficult in a Bill of this kind which is trying to eliminate from our law imprisonment for debt and therefore to take away from our law that a person may be sent to prison for owing money. It seemed to my hon. Friends and me that to put in the Bill the sanction of imprisonment for failing to help to participate in a scheme abolishing imprisonment for debt was a trifle hard. It seemed that there would be more employers in prison than debtors.
We had considerable discussion on this in Committee. Like everything else in connection with the Bill, it is easy to state general principles, but it is a complex and difficult matter when one is not easily able to come to conclusions and make the provisions required if one wants to maintain the principles of this part of the Bill. I should like to be assured by the Attorney-General that the Government Amendments provide only for imprisonment of the employer if there is really recklessness and dishonesty. By recklessness, I understand it is of the criminal kind of not caring whether something is true or false. We are imposing a duty on employers. We are putting a burden on them and I want to make sure that it is not an unfair burden. It was for that reason that we tabled Amendment No. 24. If the Attorney-General can assure us that this provision provides for imprisonment only for recklessness and dishonesty, it is a matter which we might be prepared to accept. I recognise that, if there is to be a fine, we must provide an alternative of imprisonment for a wilful, deliberate, dishonest and criminal, in the sense of reckless, refusal to obey the provisions of the Act; and there should be some sanction other than that merely relating to contempt of court. I want to be sure that the employer will not be in jeopardy of being imprisoned for anything less than wilful dishonesty and refusal to do what he has to do. In the legislation dealing with trade unions, which will be brought before the House shortly and which we shall spend long and weary weeks debating all the way through June and July, and perhaps in October, there is no sanction of imprisonment: it is only a fine. Why should there be a sanction of imprisonment on employers? It will probably shorten the debates we shall be having on the Bill relating to trade unions if we can be assured that under this Bill, which eliminates imprisonment for debt, those in breach of any of the provisions of the Bill when enacted will not be sent to prison unless it is for wilful and dishonest breaking of the law.I can certainly give that assurance. The sanction of imprisonment would apply only in respect of matters referred to as regards an employer in subsection (2)(e) and (f). They relate to knowingly or recklessly giving a false notice under Clause 16(2), or knowingly or recklessly—the language is used in the sense indicated by the right hon. and learned Member the Member for Epsom (Sir P. Rawlinson)—making a false statement under Clause 16(2), Clause 20(1) or Clause 21. Such offences are analogous to contempt of court. That is why in this legislation it is thought proper to retain for them the sanction of imprisonment.
Amendment agreed to.
Further Amendment made:No. 25, in page 20, line 37, at end insert:
(4) The offences referred to above in the case of which a judge may impose imprisonment are—
Clause 27
CONSEQUENTIAL AMENDMENTS OF 1958
ACT
I beg to move Amendment No. 26, in page 22, line 23, leave out from beginning to ' shall '.
I suggest, Mr. Deputy Speaker, that it would be convenient to discuss also Amendment No. 27.If that is the wish of the House.
These Amendments relate to the intention to introduce a Bill to consolidate all provisions relating to attachment of earnings. The House may think that that consolidation is highly necessary, as there will now be several Acts dealing with attachment of earnings. The purpose of the Amendments is to make that process simple.
I am grateful to the Attorney-General for having examined and clarified this matter, which we raised rather hesitantly in Committee.
Amendment agreed to.
Further Amendment made:No. 27, in page 22, line 29, at end insert:
(3) In section 1 of the Act of 1958 (introductory provisions setting out the scheme of Part I as respects registration in one court of a maintenance order made by another), after subsection (1) there shall be inserted the following subsection:—
' (1A) In the following provisions of this Act " maintenance order " means any order specified in Schedule 8 to the Administration of Justice Act 1970 '— [ The Attorney-General.]
Clause 28
OTHER PROVISIONS FOR INTERPRETATION
OF PART II
The next Amendment selected is No. 28.
I beg to move Amendment No. 28, in page 23, line 3, leave from beginning to end of line 6.
This is a highly technical—
This Amendment was taken with Amendment No. 9.
I am not sure now whether I should be raising a point of order, Mr. Deputy Speaker, or continuing the speech which you had called me to make.
Perhaps the right hon. and learned Gentleman's intervention was a little irregular. I am in a little doubt myself. I thought that Mr. Speaker had mentioned Amendment No 28 with No. 9, but, if there be any doubt about it, I am bound to allow the Amendment to proceed.
I think that he may have mentioned it in connection with Amendment No. 9, but one can fairly say, I think, that the House has given no consideration to Amendment No. 28 in any form. It will not take more than a few moments, Mr. Deputy Speaker. Unless you direct me to the contrary, I should wish to make a short speech.
The purpose of the Amendment is to leave out the definitionThere will be no difference of opinion on what the situation is. The meaning of the word " employer " in the Bill as drafted varies according to whether it has a " the " in front of it or not. Without a " the ", the word " employer " means what one would expect it to mean, that is, a person who has someone else in his employment. With a " the " in front of it, it does not necessarily mean that; it means the person to whom the attachment of earnings order is directed, even though he may have ceased to be the employer of the person from whose earnings deductions are to be made. I neither mean nor imply any criticism of the draftsmanship of the Bill. I recognise the draftsman's dilemma. He wants to find a phrase which means " the person to whom the attachment of earnings order is directed ", and, instead of repeating that every time when he wishes to refer to that person, he uses the expression " the employer ", whether that person so described is or is not still the employer in fact. It would be best not to do that, and I think it worth a few more lines, if necessary, to avoid it. Although we can understand the need for the words used, it is not easy to explain to laymen inside or outside the House that " employer " without a " the " means one thing and with a " the " it means something else. It contributes nothing to the standing of the law in the eyes of the people who matter in this context, that is, the laymen. Need we keep this definition? If accepted, the Amendment would at least avoid the rather odd mechanical or artificial state of affairs which I have described. If the definition could be done without—if that is not the most appalling piece of grammar—let us do without it. By accepting the Amendment, we should do without it, and all the better for that." ' the employer ', in relation to an attachment of earnings order, means the person who is required by the order to make deductions from earnings paid by him to the debtor ".
12 midnight.
We have looked carefully at this rather esoteric point. I make no complaint about the hon. and learned Gentleman's raising it, but we are satisfied that in the light of Amendment No. 9 any possibility of confusion between Clause 15(2) and the definition of the employer in Clause 28(1) has been avoided. Although I am grateful for the care the hon. and learned Gentleman has applied to this point, I am satisfied that an apparent anomaly is not a real anomaly.
Amendment negatived.
Clause 33
PROVISIONS SUPPLEMENTARY TO
SS. 31 AND 32
I beg to move Amendment No. 29, in page 27, line 19, leave out sections 31 and 32' and insert ' this Part '.
I believe that it would be convenient to consider with it Government Amendment No. 30, to leave out Clause 35. Clause 32(2) enables the High Court, in an action for damages for personal injuries, to make an order for the inspection, photographing, preservation, and so on, of property which does not belong to a party to the proceedings but which is the subject matter of the proceedings or as to which any question arises in the proceedings. By virtue of Clause 35 this provision binds the Crown, except the Queen in her personal capacity, although the court is precluded from making an order if it considers that it would be injurious to the public interest. Clause 32(2) gives effect to a recommendation in paragraph 367 of the Report of the Winn Committee on Personal Injuries Litigation, and is complementary to Section 21 of the Administration of Justice Act, 1969, which enables the High Court, before the commencement of proceedings, to make an order for the inspection, photographings, preservation and so on of property which is likely to become the subject matter of the proceedings or as to which any question may arise in the proceedings. Section 21 is not confined to prospective proceedings for personal injuries, but, on the other hand, it does not bind the Crown. A confusing and anomalous situation would result therefore when Clause 32 (2) comes into operation. Both Section 21 and Clause 32(2) will have to be supported by rules of court prescribing the circumstances in which an order may be made, and it is desirable that there should be a single rule or set of rules providing for the inspection of property before the commencement of proceedings and against a third party. during the course of proceedings. As matters stand, however, this could not be done without introducing qualifications which might easily be overlooked. The new Clause agreed to at our last sitting on the Bill on 4th May accordingly provides for Section 21 of the Act of 1969 to bind the Crown in relation to claims for personal injuries to the same extent as Clause 32(2) and the other provisions of Part II. That is to say, in prospective or pending proceedings for personal injuries the court will be able to make orders in respect of property belonging to the Crown, other than the Queen in her personal capacity, unless the court considers that compliance with the order would be injurious to the public interest. The substitution of the words " this Part " for " sections 31 and 32 " in Clause 33(3) is a consequential Amendment to enable the definition of " personal injuries " to apply to the new Clause.I am sure that every hon. Member engaged in this important piece of law-making knows exactly what we are doing in accepting this Amendment. This situation again illustrates the criticism which can be directed at each one of us for involving ourselves in legislating in matters such as this, which are not of political controversy and are of great importance to the citizens, at this hour of the night. These are very complex matters.—[Interruption.] Perhaps the hon. Member for Harrow, East (Mr. Roebuck), with his lucid mind, has grasped what the Attorney-General said and will be able to assist us in the debate on the Amendment. I am sure we would all like to hear his explanation.
At first sight, the Amendment excludes Clause 35, which is the application to the Crown, but that is not the real effect because, as I understand, the Crown will be bound in proceedings in the case of personal injury, with the qualification that if there is involvement of the public interest it excludes the binding of the Crown. Public interest is a matter which the courts in other legislation have to take into account, but we should know what it is and what standard the courts will apply in their decisions about public interest. Is this a precedent? Could we extend other legislation in order to let the courts look at matters such as the Official Secrets Act in deciding where the public interest lies? Is it a precedent we should ordinarily have with regard to Crown privilege? Obviously, this proposal has, on the face of it, certain advantages, but, unlike other hon. Members who seem so clear about its purport, I must confess that I am still a little confused. I hope that the right hon. and learned Gentleman can assure us that it means that the Crown will not be put in any advantageous position other than the proviso with regard to the public interest. Perhaps he can tell us just what the application of the public interest means in this case before we leave that matter to the wretched courts to interpret.I think that the courts in relation to disclosure of documents in these actions for damages for personal injuries will be able to judge whether disclosure of a particular instrument or document would be contrary or injurious to the public interest. These Amendments are simply consequential on the new Clause adopted by the House last week. The words " public interest " are already to be found in Clause 35 and the new Clause adopted last week includes that conception.
Amendment agreed to.
Clause 35
APPLICATION TO CROWN
Amendment madeNo. 30: In page 27, line 36, leave out Clause 35.—[ The Attorney-General.]
Clause 37
EXCLUSIVE JURISDICTION OF COUNTY
COURT IN CERTAIN MORTGAGE ACTIONS
I beg to move Amendment No. 32, in page 28, line 40, leave out Clause 37.
Now we come to an Amendment of some substance on which we hope we may hear from other hon. Members, in- cluding perhaps the hon. Member for Harrow, East (Mr. Roebuck), who is taking such a close interest in our proceedings, very properly. Those of us on this side of the House who are members of the legal profession are dying to hear some laymen contributing something to these discussions. After all, lawyers exist solely to serve the layman and we would like to hear a little about what the layman thinks about these things. However, apparently hon. Members opposite would rather sit tight, perhaps so that they can get to their beds and then " scream blue murder " afterwards. But now is the time to scream a little and I hope that we shall hear some hon. Members opposite who have been making noises from a recumbent position making them from an upright position instead.A sedentary position.
Sedentary? Rather. sedimentary.
Clause 37 is a fascinating provision. For some time now we have had the principle that people should have a choice of proceeding in the High Court or the county court. If a person proceeded in the High Court he might be penalised by having to bear a proportion of his own costs. Never yet, so far as I know, have we accepted the principle that we should exclude a person from proceeding in the High Court. After all, the High Court of Justice was the initial court of justice. The whole basis of having a court of justice is that the court should be available to the citizen. If he used it wrongly he was penalised in costs, but it was available to him. We have for some time, particularly in Administration of Justice Bills in recent years, been endeavouring to persuade people to make greater use of the county court to reduce the pressure upon the High Court. To persuade people to go to the county court we have said that if they went to the High Court when they could go to the county court, they may do less well as to costs, even if they won. This Clause incorporates different principles. It does not say that those actions by a mortgagee for possession will in future be brought in the county court at the risk of the mortgagee as to costs. What it says is that apart from exceptions which are stipulated in the Clause no court other than a county court shall have jurisdiction to hear and determine that action. There is a principle in the Clause which requires discussion. Some may agree, some may not, but it ought not to be passed through the House without at least some discussion as to the advisability of it. I want to make three points about it. The remarkable thing is that excluded from this provision is the County Palatine of Lancaster, a part of which I have the good fortune to represent. This is an enormous area and once we exclude that we have excluded a large number of people from these provisions. In future, these people can take their choice, just as now they can proceed in the High Court if they wish and they will be at no risk if they do so. In addition, we are excluding the Greater London area which in terms of square miles and people who live in it is a very large slice of the whole country. We have the curious situation in the Clause that we are introducing something which is a departure from our normal principle. We say that in a particular area the litigant will not have the choice of courts subject to a penalty, but will have no other court than the county court. We immediately exclude from that two large areas which incorporate a great number of people. So we have the extraordinary situation that we are saying that there is one law for one section of the community and another for the remainder. It is always said that it is wrong to have one law for the rich and another for the rest, presumably on the basis that the law should be the same for everyone. I would like to hear a further explanation of why it is thought to be correct here to have one law for those who live in the Greater London area and in the County Palatine of Lancaster and another law for the rest. It will be no surprise to the Attorney-General to know that we would like to have a little more explanation on the second and third points. At the moment, the procedure for these actions and the process for dealing with them in the High Court is working extremely well. I am all in favour of seeking out processes which do not work and trying to improve on them.
12.15 a.m.
Like every other lawyer in the House, I do not suppose there is any time in the last 20 years when I have been on less than one committee which has been seeking that sort of end. Here we have a process which works very well. These applications are dealt with on affidavit, which is very convenient to the parties and saves money. Such is the machinery in the High Court that they are dealt with very expeditiously, which, again, is very much in the interests of both parties.
It may be that there is a reason for providing other machinery, but we ought to be sure in these cases that when we say to people, " You can no longer use that very effective machinery; you will have to use other machinery ", the other machinery is as effective as the machinery of which we are depriving them.
In Committee, my hon. Friend the Member for Hornsey (Mr. Rossi) raised two queries. One was: what steps have been taken to estimate the burden of extra work which will fall on the county courts, and who will deal with this work in the county courts? Will these applications all go to the county court judges and, if so, will the county court judges have enough time to deal with these applications with the same dispatch with which they are at present dealt? Also, will the county court rules provide for a procedure which will be as expeditious and as cheap as the present procedure?
Hon. Members opposite below the Gangway, perhaps, have not been concerned with actions of this kind. If they were concerned with such actions, they would be very interested to ensure that the advantages of the present speedy and cheap processes are not lost. We are a little concerned that we may be transferring this work to the county courts without ensuring that county courts can deal with it at least as expeditiously as the High Court and without further costs being incurred. It is for that reason that we have put down this Amendment to delete the Clause. We would welcome any further assurance which the Attorney-General can give us on any of those points.
Clause 37, which is linked with the previous Clause, is for the assistance of mortgagors who are temporarily in difficulty, and it enables them to apply to the court for a delay in the processes which the mortgagee may seek to bring.
The Clause provides that proceedings for the possession of a mortgaged dwelling-house situated outside Greater London shall be brought in the county court only if the value of the property is within the ordinary county court jurisdiction. In relation to a property of that kind in Greater London there will be concurrent jurisdiction between the county court and the High Court, and the same arrangements will apply in regard to Liverpool and Manchester in view of the existence of the Lancaster Palatine Court. The explanation is that the High Court may be far more convenient for mortgagors, mortgagees and building societies in its location than the county court. That is why this alternative place for the hearing of proceedings is retained. We have looked carefully into the matters raised by the hon. Member for Hornsey (Mr. Rossi) and we are satisfied that the county court procedures for dealing with these matters will be the same as the procedures used in the High Court. As to the time that the proceedings will take, we are again satisfied that there is little in it as between proceedings in the Chancery Division and in the county court. We think that in the circumstances, what is proposed is the most practicable procedure.I see from the report of the Standing Committee that the Attorney-General said that on Report he would have investigated the possibility of providing extra trained staff in the county courts to deal with these complicated matters. Will he tell the House the result of his inquiries?
As I said, I have looked into the matter. We think that the registrar's court and the county court registry will be able to cope with the additional work involved, which is thought to be very small in volume.
The Attorney-General may be right in saying that, viewed against the background of the total turnover in county courts, it may be small in volume, but he should understand that these are highly technical and complicated matters, on which a great fund of skill has been built up in the High Court, and it would be difficulty for county courts to adjust themselves to these processes.
Since the rules are to be exactly the same, it will mean that a similar fund of expertise will have to be built up in the county courts, and the Government's proposals may make an unreasonable demand upon the staffs of the county courts who already have considerable extra burdens thrust upon them. I ask the Attorney-General to be careful in checking the arrangements for staffing in the county courts and their ability to deal with these matters. I would have liked him to give a much fuller reply and further details, as he said he would.I am sorry if I have not satisfied the hon. Gentleman. We have looked into the position. A mortgage possession case which is brought in a district registry of the High Court in respect of property situated in the area of the registry is heard by the district registrar, who is the same person who, in his capacity as county court registrar, will be hearing such cases in the county court. So it will be dealt with by the same man with the same expertise, and we are satisfied that this is the best way of dealing with the matter, and so did the Payne Committee which investigated it.
It is difficult at any time, let alone at this hour of the night, to translate into terms of practicality everything that is said. What the Attorney-General says about the district registrar and the county court registry being the same person may be true some of the time, but it is not true all of the time. Not all county court registrars are district registrars.
The Attorney-General said that he had come to the conclusion that the volume of additional work which would be cast to the county courts would be so small that the registrars could deal with it. Speaking personally, I do not find that a very convincing answer. We are putting all sorts of extra duties on the registrar under the various Measures that are passing through the House. It may be that the Bill will not cast a great deal of work upon the county courts, but I thought that the object was to rid the High Court of a great deal of work. If the Measure will not do that, but make only a marginal difference, why are we bothering with it? If it will have more effect than that, have the Government catered for it? The difficulty will be discovered at a fairly early stage, and all we can do on this side of the House is to voice our disquiet. We are not convinced by the argument, but we have no alternative but to accept the explanation and hope that it is right. We had hoped to go to bed tonight better assured on the working of the Clause, but we do not seek to take it out altogether. I beg to ask leave to withdraw the Amendment.Amendment, by leave, withdrawn.
Clause 40
PUNISHMENT FOR UNLAWFUL
HARASSMENT OF DEBTORS
I beg to move Amendment No. 33, in page 30, line 6, leave out paragraph (a).
With this we are to take the following Amendments: No. 34, in page 30, line 6, leave out 'harasses the other with 'and insert 'makes'.
No. 35, in line 7, leave out ' their frequency or '.
No. 36, in line 8, leave out ' or publicly '.
No. 37, in line 11, leave out ' distress or humiliation '.
No. 38, in line 14, leave out paragraph ( c).
No. 39, in line 19, leave out subsection(2).
No. 40, in line 24, leave out subsection(3).
We now come to Part V of the Bill and the creation of a new criminal offence. Whenever Parliament creates a new criminal offence, it should always study the provision with care, consider the necessity for it and study the way in which it is drafted. Of course, a new criminal offence should be created when the need for the introduction of such a change is clear, but we must consider it with care, especially when, as in this case, a person guilty of a first offence may be fined £100.The offence deals with the harassment, or the harassing, of debtors. The provision says that anybody who makes a threat, or even a demand, in such a way as to humiliate or distress the person from whom the money is demanded, money belonging to the former person, for it is he who is owed the money, so as to cause humiliation may be guilty of an offence. This seems to be rather absurd.
It is sensible that, as under paragraph (b), anybody who falsely represents that criminal proceedings will lie for failure to pay a debt, or falsely represents that lie is authorised in some official capacity, or who utters a document falsely represented by him to have some official character, may be and should be charged with a criminal offence. What I am getting at in the Amendments is that the provision goes too far as it stands. It is excessive to make it a criminal offence for someone to demand his money back in such a way that in doing so he humiliates the person who owes the money. I should be content if it were a criminal offence for someone to pretend to have an official capacity, or make up some kind of document to make it appear official, but I regard the extension of that to be going too far. By removing paragraph (a), we should make the Clause provide that it would be a criminal offence if a person made a demand for payment which, in respect of the manner of making such a demand or threat, was calculated to cause that person alarm. If it caused alarm and was calculated to cause alarm, it might be said that that was too offensive a way to get back the money owed. But it would be going too far and would be absurd if it were a criminal offence to say to someone, "Pay me the fiver you owe me " if doing so caused humiliation. It should be a criminal offence to cause fear. The Attorney-General said in Committee that there were " blue cards " and " pink cards " and various procedures which people engaged in getting their money paid back could use, and some of it is highly objectionable, but we must be careful when creating a new criminal offence and must recollect that it is a principle of the criminal law that it should have certainty and be applicable in circumstances which will not make the law look an ass. Paragraph (a) makes it look an ass. It should be altered in the terms of the Amendments so that causing alarm and fear is the criminal offence.12.30 a.m.
These Amendments relate to the important Clause 40, which provides punishment for the unlawful harassment of debtors by what the Payne Committee called unreasonable extra-judicial methods for the collection of debts.
If the Amendments were carried, the Clause would fall far short of dealing with the intolerable type of oppressive conduct for which certain types of debt collecting agencies are responsible which is condemned in the Payne Report. The result of accepting the Amendments would make the Clause ineffective to secure the object sought by it, namely. that it cannot be tolerated that just claims be pursued by unjust methods. In particular, the deletion of the key paragraph (a), proposed in Amendment No. 33, which is the only type of harassing conduct expressed in general terms, would leave the less reputable debt collecting firms with an almost unlimited field within which to use their ingenuity to adopt practices with the object of instilling fear and panic in debtors causing them anguish and driving them to desperation in paying their debts. If the Clause were reduced to the skeleton left by the Amendments, nearly all the types of conduct illustrated in the Payne Report would not be punishable under the Bill. For example, frequent calls at the home of the debtor leaving threatening cards; informing neighbours of the debtor or local shopkeepers about his indebtedness under the guise of seeking information; writing to the employer of the debtor about his indebtedness under the guise of avoiding the need for the debtor to absent himself from work to attend court; visiting the home of the debtor in the early hours of the morning under the guise of collecting chattels let under a hire-purchase agreement; visiting the debtor at his place of work; calling with an Alsatian dog to collect from the debtor; sending obvious demand notes for debts but wrongly addressed to the debtor's neighbours. The Payne Committee found this to be the kind of misconduct to which certain disreputable collecting agencies descend. The separate exclusions proposed are. I submit, unacceptable. Amendment No. 34 proposes the substitution of " makes " for " harasses the other with ". " Harasses " has the clear connotation of tormenting and is a useful word to retain in the Bill. It is a word which the court is capable of construing and applying. Amendment No. 35 proposes the omission from line 7 of " their frequency or I submit that the demand for payment of a debt may be reasonable and proper in certain instances, but what is a legitimate demand made on one, two or three occasions may, if it is constantly repeated and made with the object of coercing the debtor, cease to be reasonable. Amendment No. 35 proposes the omission from line 8 of " or publicity ". The Payne Committee found that certain collectors used unacceptable means, like informing neighbours or the debtor's employer and deliberately addressing demand notes to the debtor's neighbours —a thoroughly underhand type of activity. which I feel sure the House would wish to condemn. The retention of the words " distress or humiliation ", which Amendment No. 37 seeks to leave out, seems to me to be satisfactory as part of the other elements—namely, deliberate intention to create alarm, distress or humiliation on the part of the debtor or members of his family. Amendment No. 38 seeks to omit the circumstance where the collector masquerades as being someone in an official capacity. The ignorant and the elderly are sometimes liable to be impressed by claims by people of that kind. It seems to the Government that if there is a falsity of that kind it ought to be punishable under the criminal law.Before the right hon. and learned Gentleman passes from that point, will he help the House on what is meant by " official capacity "? At col. 324 in the Standing Committee, the Attorney-General said:
I suggest that it is important, when creating a criminal offence, that we only use words which are capable of a clear definition. Will the right hon. and learned Gentleman help us on what is mean by " official capacity " in this context?" That means representing himself to be a representative of the court, or something of that kind, or dressing himself up to look like a court official."—[OFFICIAL REPORT,Standing CommitteeG, 21st April, 1970; c. 324.]
I do not think that the words " official capacity " would give rise to any practical difficulty in a court, and it is preferable that the words should be as wide as they undoubtedly are because the ingenuity of unscruplous debt collectors may lead them to attempt to adopt many kinds of official character. For instance, he might represent himself as a Government or local authority official, or an official of the court itself. It is against that kind of misrepresentation that these wide words are directed, over and above what is provided for in the County Courts Act.
The seventh Amendment has not been stressed by the right hon. and learned Gentleman. I take it that the eighth Amendment, which proposes to omit subsection (3), is merely consequent upon the proposed omission of subsection (1)(a). If subsection (1)(a) is retained, it is obviously right to retain subsection (3), as that balances against the protection afforded to the debtor by subsection (1)(a), and it is designed to protect the creditor's legitimate interest. Looking at the Amendments as a whole, if they were accepted they would cut the ground from underneath a provision which is intended to eliminate a social evil, and I invite the House to reject them.I apprehend that the hon. and learned Member for Southport (Mr. Percival) is anxious that I should participate in the debate. Such is my obliging nature that I am happy to accede to his request. I am not disturbed at the lateness of the hour. I understand that the debate was arranged so that he and his right hon. and learned Friend the Member for Epsom (Sir P. Rawlinson) would be able to be present, as during most days they are busy working elsewhere. I am happy to be able to accommodate them on this occasion.
I respectfully support my right hon and learned Friend's submission that these Amendments should be rejected. In my view, the Amendments represent nothing more nor less than a charter for the shyster solicitor and the strong-arm boys whom they employ. My right hon. and learned Friend read out a category of the sins in which these people have been engaged, and I thought it was astonishing that right hon. and hon. Gentlemen opposite, who so often lecture the House and the country on the need for law and order, should have the impertinence to come here at this hour and suggest that this very well-thought-out Measure should be amended to allow unsavoury persons to act in a manner which most citizens would regard as being immoral, if not unlawful. I am happy that my right hon. and learned Friend is to make these immoral actions unlawful. The Attorney-General referred to people going round with Alsatian dogs. We heard all about that in the era of Rachmanism. The Government, with great realism, put down that sort of nonsense which the Conservative Party sponsored in one of its Measures. I am happy to give my support to this further Measure to make this a far more lawful island than it was under the leadership of right hon. and hon. Gentlemen opposite.Before I go outside and get my Alsatian dog to turn upon the electorate in my constituency, I should say that we are grateful to the hon. Member for Harrow, East (Mr. Roebuck) for intervening in the debate with his usual courtesy and grace. No doubt any shyster solicitor whom the cap fits will feel acute remorse on reading what he said.
With respect to the Attorney-General, what we have to do here is to try to deal with the evil which we all acknowledge could exist. There is ingenuity among unscrupulous debt collectors. There is also considerable ingenuity among those people who get money out of other people, very unscrupulously and skilfully, and sometimes with sad consequences to those who are deceived into lending money. What the deceived person wants is his money back, and he may quite frequently make demands for the money to be paid back. He may say to the person who has borrowed from him, "I want that money paid back. You know that you owe me the money. Please pay it back." It may be a humiliation for the person who has borrowed the money to have that demand made of him. If it is made frequently it is likely to be humiliating, especially if it is made in front of other people. But does the act of demanding his money back make a person guilty of a criminal offence? We are surely not after that type of person. Surely we are after the type of person who tries to pretend that he is somebody whom he is not and who, by the use of some official-looking form, tries to blackmail somebody else into repaying money. Subsection (2) provides thatand it is a very wide range of action. I suggest that although we may glibly accept it this morning as being appropriate for a criminal offence, if we were to bring it in in reference to a statute concerned with larceny or theft we should look at the words here with much greater care. The Attorney-General may say—and it is a technique often used by persons standing at the Dispatch Box—that if the Amendments are accepted in their entirety the whole Clause will be completely distorted. We have no intention of doing that. We want it to be an offence if someone creates alarm by this sort of action—by falsely representing that criminal proceedings will lie if payment is not made. We want it to be an offence if somebody pretends to be somebody whom he is not, in order to try to get money repaid. We want it to be an offence if somebody presents a document falsely representing that it has some official character. But I do not believe that it should be a criminal offence, carrying with it a criminal sanction, to go up to a man and say—perhaps on several occasions—" Pay me back the money you owe me. Give me back the money that you borrowed. You ought to pay it back."" A person may be guilty of an offence…if he concerts with others in the taking of such action "
Has not the right hon. and learned Gentleman for- gotten the words dealing with frequency, or the manner of making such demands, or the occasions on which they are made?
With respect, I have not forgotten them. If the matter was limited to the causing of alarm, I would accept it, but to include distress or humiliation is a different matter. To alarm someone is to put him in fear, but as for distress—it is always distressing to be reminded of something wrong that one has done, and it is also humiliating. But that is not the standard.
I ask for precision. When we are making criminal law let us make it precisely and clearly. We have gone too far in paragraph (a). I am fully in sympathy with the aims of those who want to bear down on people who unfairly and improperly make demands for money, but we have gone too far here. I very much regret that the Attorney-General has not seen fit to accept certainly the first Amendment.Amendment negatived.
Clause 41
RECOVERY OF COSTS AND COMPENSATION
AWARDED BY MAGISTRATES, ASSIZES,
QUARTER SESSIONS, ETC.
I beg to move Amendment No. 41, in page 31, line 29, at end insert:
(5) References in subsections (1) and (2) above to orders mentioned in Schedule 9 to this Act include references to orders made before the day appointed under section 54 of this Act for the coming into force of this section, except an order in the case of which the person entitled to payment has before that day begun proceedings for its enforcement; and in relation to such a case the enactments in force immediately before that day with reference to the enforcement of such an order shall continue to apply notwithstanding any repeal effected by this Act, without prejudice however to section 13(6) of this Act. For the purpose of the operation of subsection (1) above with respect to an order made (otherwise than by a magistrates' court) before the day so appointed, the order shall be deemed to specify the magistrates' court for the petty sessions area in which the person subject to the order for the time being resides. This Amendment is a transitional provision. On the coming into force of this Clause, there will be in existence orders for costs which have not yet been enforced. In some cases, the process of enforcement will already have been started under the present law, and the Amendment provides that, where such process has been started, it shall continue under the present law, but that where an order for costs has been made but no steps have been taken to enforce it before the appointed day, it will be enforced in accordance with the provisions of Clause 41.Amendment agreed to.
Clause 43
PROCEDURE FOR RECOVERY OF LEGAL AID
CONTRIBUTIONS IN CRIMINAL CASES
I beg to move Amendment No. 42, in page 34, line 18, at end insert:
(9) Nothing in this section applies to a legal aid contribution order made before the day appointed under section 54 of this Act for the coming into force of this section; and in relation to such an order the enactments in force immediately before that day and relating to the enforcement of such an order shall continue to apply notwithstanding any repeal effected by this Act, without prejudice however to section 13(6) of this Act. This Amendment, also, is a transitional provision, relating to cases in which a legal aid contribution order is made but not enforced before the day appointed for Clause 43 to come into force. Such orders will continue to be enforced under the present law, under Section 79 of the Criminal Justice Act, 1967.Amendment agreed to.
Schedule 2
AMENDMENT OF ENACTMENTS
CONSEQUENTIAL ON SECTION 1
I beg to move Amendment No. 58, in page 43, leave out line 27.
This is a drafting Amendment to correct a minor slip. Reference to Section 153 overlooked the fact that it had been repealed by Section 28 of the Criminal Justice Act, 1969.Amendment agreed to.
Schedule 5
DEDUCTIONS BY EMPLOYER UNDER
ATTACHMENT OF EARNINGS ORDER
I beg to move Amendment No. 46, in page 48, line 36, leave out from ' the ' to end of line 42 and insert: following enactments—
the National Insurance Act 1965, the National Insurance (Industrial Injuries) Act 1965, or the National Health Service Contributions Act 1965 (c) amounts deductible under any enactment, or in pursuance of a request in writing by the debtor, for the purposes of a superannuation scheme within the meaning of the Wages Councils Act 1959. The purpose of the Amendment is to correct two defects in paragraph 3 of the Schedule, which defines attachable earnings for the purposes of an attachment of earnings order as the earnings which remain payable to the debtor after deduction by the employer of income tax, contributions under any of the enactments specified in Schedule 6, amounts deductible under any enactments other than the Bill or in pursuance of a request by the debtor in writing for the purposes of a superannuation scheme within the meaning of the Wages Councils Act, 1959. Sub-paragraph (b) is defective because the enactments specified in Schedule 6, which deal with social security contributions and allowances, do not include the National Health Service Contributions Act, 1965. Contributions payable under this Act should clearly be excluded from a debtor's attachable earnings The first part of the Amendment accordingly substitutes for the reference to Schedule 6 a list of the enactments providing for the payment of contributions which are to be deducted from the debtor's pay in order to arrive at his attachable earnings. Sub-paragraph (c) is defective because the reference to amounts deductible under any enactment other than the Bill should be confined to amounts deductible for the purposes of a superannuation scheme within the meaning of the Wages Councils Act, 1959.This is interesting. Before the Amendment was made, to find out what " attachable earnings " meant, one had to look first at Schedule 5. Then, to find out what contributions under enactments were to be taken into account, one had to look at Schedule 6. So it was like the Land Commission Act, where one went from Section to Schedule and then from Schedule to following Schedule.
I welcome the Amendment for one fact —instead of having to look at two Schedules, one can find all the information in one. Many Amendments have been made all along the line to the Bill since it started in another place. Now, at the eleventh hour, this Amendment seems to make substantial differences in this respect. Although it has the merit of transferring the Statutes which are being talked about from Schedule 6 to Schedule 5, it does not only do that. The contributions to be taken into account under these Statutes are very different from what they would have been without this Amendment. Indeed, only two Statutes will be common to the Bill when amended by this proposal. We read in the Schedule:Under the previous paragraph,"Attachable earnings ', in relation to a pay-day, are the earnings which remain payable to the debtor on that day after deduction by the employer."
As the Bill stands, unamended, that relates to contributions under the National Insurance Act, 1965 and the National Insurance (Industrial Injuries) Act, 1965. Those two Statutes are transferred From Schedule 6 to Schedule 5. But in Schedule 6 there were three other Statutes; namely, the Family Allowances Act, 1965, the Ministry of Social Security Act, 1966 and the Industrial Injuries and Diseases (Old Cases) Act, 1967. Contributions under those Acts were caught under the definition of " attachable earnings ", but they are no longer to be taken into account. Why was it thought right, until this moment—until this Amendment was drafted—to take those contributions into account, while now it is suddenly thought not to be necessary? And why is the National Health Service Contributions Act, 1965, being brought into this exer- cise? Considering the substantial change being effected by the Amendment, it would be helpful to know why there has suddenly been this drastic change of mind." ' Pay-day ', in relation to earnings paid to a debtor, means an occasion on which they are paid."
The answer is simply that no contributions are sought under the Acts which it is proposed to leave out, such as the Family Allowances Act, 1965. That is the explanation.
Amendment agreed to.
Schedule 7
PROVISIONS OF MAINTENANCE ORDERS
ACT 1958 AS AMENDED
I beg to move Amendment No. 47, in page 51, line 6, leave out from ' In ' to of' and insert section 9(4) and (5) '.
I suggest that it would be convenient for the House to discuss, at the same time, Amendment No. 53, in page 51, line 35, after 1970 " ', insert:
and for " defendant " substitute " debtor "
That is convenient.
These are drafting Amendments. Throughout Section 20 of the Maintenance Orders Act, 1958, the Bill substitutes the word " debtor " for " defendant ". The provisions of Schedule 7 as at present drafted make this substitution in paragraphs (a) and (b) of Section 20(4). Paragraph (a) is now being completely redrafted, and the Amendment will shortly be moved. The substitution of " debtor " for " defendant " having been made, Schedule 7 need operate only in respect of paragraph (b), and this group of Amendments confines the substitution to paragraph (b) alone.Amendment agreed to.
I beg to move Amendment No. 48, in page 51, line 8, after Act ', insert:
( a)
I suggest that it would be convenient for the House to discuss at the same time, Amendments Nos. 49, 50, 51, 54 and 55
This group of Amendments arises by reason of the intention to consolidate into one Act all the law relating to attachment of earnings, with that Act coming into force at the same time as the attachment of earnings provisions of the Bill. This will greatly simplify the task of those who must make or administer these orders, since without this consolidation they would have to look for the law in various Acts. In preparing the consolidating Bill, it has been thought possible to simplify the wording of subsections (4)(i) and (ii) and (5)(a) and (b) of Section 9 of the 1958 Act, and these Amendments to Schedule 7 achieve this simplification. Section 9, as amended and simplified by the Bill, can then be included in the consolidating Bill.
Amendment agreed to.
Further Amendments made: No. 49, in page 51, line 12, at end insert:
( b) for the words from which made that order' to the end of paragraph (ii) substitute ' shall make the appropriate variation order, unless the debtor requests it to discharge the attachment of earnings order, or to vary it in some other way, and the court thinks fit to comply with the request '.
No. 50, in line 13, after ' Act ', insert—
( a)
No. 51, in line 16, at end insert:
'and
( b) for the words from " proceed under the following paragraph " to the end of the subsection substitute " discharge the attachment of earnings order, or to vary it in some other way, and the court thinks fit to comply with the request " '.—[ The Attorney-General.]
I beg to move Amendment No. 52, in page 51, line 32, at end insert:
(d) for subsection (4)(a) substitute—It may be convenient, Mr. Deputy Speaker, to take, at the same time, Amendment No. 56. Under Section 43 of the Magistrates' Courts Act, 1952, where a complaint is made with a view to proceedings in a magistrates' court, a summons is served on the person against whom the court has power to make an order as a result of the complaint. Where a husband is subject to an attachment of earnings order to secure maintenance payments and wishes to apply by complaint for the order to be varied or discharged, it is desirable that the wife should receive a summons so that she may have an opportunity to oppose the variation or discharge. She would not, however, be covered by the expression' (a) the power to make an order in pursuance of a complaint by the debtor for an attachment of earnings order, or the discharge or variation of such an order, shall be deemed to be a power to make an order against the person to whom payment under the relevant adjudication is required to be made (whether directly or through an officer of any court) '.
Section 20(4)(a) of the Maintenance Orders Act, 1958, provides, in effect, that she shall be deemed, for the purpose of the complaint to vary or discharge, to he the person against whom the court has power to make an order and the summons would, therefore, be served on her. By reason of Clause 14(1)(d)(i) of the Bill, a debtor may apply to a magistrates' court for an attachment of earnings order to be made. A husband may make such application in respect of maintenance payments. But the wife may not, in every case, wish that such an order he made. There may be arrears and she may know that the husband has capital from which he could pay off the arrears immediately. For that reason, she may want a committal order to be made instead. It is, therefore, necessary to provide that not only where the debtor seeks discharge or variation, but also where he seeks the making of an order, the summons shall be served on the wife. thus giving her an opportunity to be heard. The Amendment achieves this by inserting in Section 20(4)(a) of the 1958 Act a reference to an application that an order be made in addition to reference to applications for variation and discharge." person against whom the court has power to make an order ".
Amendment agreed to.
Further Amendments made:No. 53, in page 51, line 35, after 1970 " ', insert: ' and for " defendant " substitute " debtor "
No. 54, in page 53, line 19, leave out from ' court ' to end of line 28 and insert:
'shall make the appropriate variation order, unless the debtor requests it to discharge the attachment of earnings order, or to vary it in some other way, and the court thinks fit to comply with the request '.
No. 55, in line 45, leave out from ' to ' to end of line 51 and insert:
' discharge the attachment of earnings order. or to vary it in some other way, and the court thinks fit to comply with the request '.
No. 56, in page 55, line 12, leave out from beginning to ' and ' in line 16 and insert:
( a) the power to make an order in pursuance of a complaint by the debtor for an attachment of earnings order, or the discharge or variation of such an order, shall be deemed to be a power to make an order against the person to whom payment under the relevant adjudication is required to be made (whether directly or through an officer of any court).—[ The Attorney-General.]
Schedule 9
ENFORCEMENT OF ORDERS FOR COSTS,
COMPENSATION, ETC.
I beg to move Amendment No. 57, in page 58, line 30, at end insert:
16. Where a person convicted by a magistrates' court appeals to quarter sessions against conviction or sentence, and quarter sessions makes an order as to costs to be paid by the respondent to the appellant. Part II of Schedule 9 is intended to list all instances in which costs, compensation, etc., may be ordered by a court to be paid by a person, other than a convicted person. An order for such costs, compensation, etc, is enforceable, under Clause 41(2), as if it were for the payment of money recoverable summarily as a civil debt. The case in which a person, convicted in a magistrates' court, succeeds in his appeal to quarter sessions and is awarded costs against the prosecutor was inadvertently omitted from Part II of Schedule 9, and the Amendment corrects that error.Amendment agreed to.
Motion made, That the Bill be now read the Third time [Queen's Consent, on behalf of the Crown, signified].
Question put forthwith, pursuant to Standing Order No. 55 (Third Reading), and agreed to.
Bill accordingly read the Third time and passed, with Amendments.
Legal Aid
1.0 a.m.
I beg to move,
That the Legal Aid (Extension of Proceedings) Regulations 1970, a copy of which was laid before this House on 4th May, be approved. These Regulations, which are made under the Legal Aid and Advice Act, 1949, extends the facilities of the Legal Aid Scheme to all proceedings in the Lands Tribunal. It is a significant occasion because it is the first time that legal aid has been extended to a tribunal as distinct from the ordinary courts. It is a step recommended by the Lord Chancellor's Legal Aid Advisory Committee. As the committee pointed out, the Lands Tribunal is far more akin to a court of law than are other tribunals. Indeed, it is only perhaps for reasons of convenience and cheapness that its work is not performed by the Chancery Division of the High Court. Had that been the case, legal aid in this respect would have been available for these proceedings for the past 20 years. The jurisdiction of the Lands Tribunal concerns the citizen closely in a number of matters of importance to him. It is mostly concerned with land valuation, for example, compensation for compulsory acquisition of land. Then there are rating appeals and the assessment of betterment levy. But it is perhaps because it may adjudicate the price of a property which a leaseholder is seeking to enfranchise under the Leasehold Reform Act, 1967, that there has been most pressure for legal aid to be extended to it. These matters may affect anyone, rich or poor. Some, like proceedings under the Leasehold Reform Act, are apt to affect the poor more frequently than the rich. The Government agree with the advice of the Advisory Committee that though few will qualify on financial or other grounds in applications for renewal or modification of restrictive covenants, capital gains tax, betterment levy and the like, there seems no reason to exclude the possibility. I am sure that the House will agree that it is right that the facilities of the Legal Aid Scheme should be made available to those in these proceedings so that they may have the help of a solicitor and counsel and, in appropriate cases, expert witnesses such as valuers, who may be particularly necessary in proceedings in the Lands Tribunal. I am happy to announce to the House that this is but the first of a series of improvements to the Legal Aid and Advice Schemes which the Government propose. As soon as possible regulations will be laid before the House increasing the financial limits for legal aid, legal advice and for claims short of litigation. At present, as the House knows, legal aid is available to those with incomes of £700 a year or less, after making prescribed deductions and allowances. It is proposed that the limit should be increased to £1,000. At present, the limit for free legal aid is £250 after similar deductions and allowances. It is proposed that that limit should be increased to £350.Order. The Attorney-General cannot discuss Regulations that it is proposed to bring in. He may discuss only these Regulations.
I agree, Mr. Speaker, but this is linked in a sense with the Regulations that the House is considering in that those who will benefit from them will do so as a result of the introduction of the proposals which I am indicatinig will follow. If you would allow me a little indulgence to deal with the concluding part of what I was saying, I shall be grateful.
The Government would have liked to give effect to the proposals of the Legal Advisory Committee for a completely new system of legal advice and assistance which has come to be known as the £25 scheme, because under it anyone with the financial limits will be able to walk into a solicitor's office and get £25 worth of work from him without more ado. But that needs legislation and, unfortunately, the parliamentary timetable does not permit the introduction of the necessary Bill this Session. Therefore, the Government propose to make interim improvements to the Legal Advice and Claims Schemes on the lines recommended by the Advisory Committee in 1968. The existing advice scheme will be available to those with £9 10s. a week after making deductions and allowances, instead of £7 10s. a week, and the allowances and fees to those giving advice will be improved. The allowances for the claims scheme will similarly be improved. My right hon. Friend the Secretary of State for Scotland will make similar changes in the Legal Aid, Legal Advice and Claims Schemes for Scotland. The total cost of these proposed improvements will be about £1,550,000 in a full year. The present proposal to extend legal aid to the Lands Tribunal will cost about £150,000. The assessing of income and capital is done by the Supplementary Benefits Commission. The inquiry into whether the case is a reasonable one to bring—this must be established before legal aid is granted—is done by committees of barristers and solicitors under arrangements made by the Law Society. They are also charged with the general running of the scheme. This they have done with considerable success for the last 20 years. As the Advisory Committee said in a recent report—I fully share this view and would like to take this opportunity to thank the Law Society and the legal profession for the work they do for legal aid. I am confident that the House will welcome these Regulations, extending the Legal Aid Scheme, as they do, to an area of particular importance to the householder and often of much complexity and accompanied as they are by the helpful announcement I have made about the increases in the financial limits for legal aid." No alternative method of controlling assisted litigation would, in our view, be so effective. None could be so economical."
1.6 a.m.
These improvements are greatly welcomed. I support the words used by the Attorney-General when he explained the need in present circumstances for legal aid to be available in the very complicated matters relating to capital gains tax and betterment levy under the Land Commission and also to matters under the Leasehold Reform Act. I stress that in every case that legislation is unnecessarily complicated. It is distressing that much of it impinges upon small people who need legal aid in the conduct of their affairs. It is an extraordinary thing that there is this complicated legislation, much of it related to a form of taxation, affecting small house owners adversely.
I welcome the fact that help will be given to such people to enable them to deal with these complicated matters, but must express my strong view that in many cases it would have been better if the legislation had been simpler so that there would have been no need for these complexities to arise. The Attorney-General referred to the procedure which is to be followed in investigating applications. I should like an assurance that the present system of checking applications will be tightened, because there is great public concern about the recent case affecting Mr. Will Owen, a former Member of the House. The lay public are bewildered by what happened in that case.Order. With due respect, I do not think that the Will Owen case had anything to do with an application to the Lands Tribunal.
But it had a great deal to with an application for a legal aid certificate, Mr. Speaker. An application was made based on income and capital. The ordinary layman cannot understand how that application came to be granted.
I dislike interrupting the hon. Gentleman, but I think I am right in apprehending that that matter is being investigated by the court. The hon. Gentleman, with his well-known fairness, may think it better not to pursue the point in relation to that case.
Naturally, I accept the Attorney-General's advice, because I have no intention of trespassing improperly upon that case. But the case has been reported. Although all of us would readily accept that help should be available in proper cases, it is necessary that great care should be taken to ensure in the expenditure of public money that the money is allocated only in proper cases.
There must be a strong assurance that the system will properly take these matters into account. People must feel that the system operates fairly. I realise that it must operate speedily on occasion, but there is need for an assurance that no grasping impropriety is exercised by applicants which would operate to the detriment of the public interest. Will the Attorney-General give an assurance that that side of the matter will be looked at, to reassure the public?Certainly. It is being reviewed all the time. I think that the House agrees, on the whole, that the legal aid service, which the Labour Government introduced after the war and which we are extending now, has been an invaluable social service which has made the courts open to those who would otherwise have been denied a chance to assert their rights.
1.11 a.m.
The hon. Gentleman the Member for Birmingham, Hall Green (Mr. Eyre) has given a somewhat tepid welcome to the Regulations. We on this side give them a cordial and unqualified welcome, and we thank the Government and my right hon. and learned Friend for introducing this important addition to the services available by way of legal aid.
In particular, those of us who fought the Opposition line by line on the Leasehold Reform Bill will give the Regulations a warm welcome. During the passage of that Bill, we drew attention to the great difficulties which might befall lessees who would not have the opportunities of having legal representation and advice on valuation and so on which would be likely to be available to landlords. We pressed that some amelioration of this kind should be made. We are grateful to the Government for now making it. I am sure that I speak for all hon. Members representing leasehold constituencies when I say that our constituents will be most grateful for it.1.12 a.m.
All to often in cases involving leasehold reform or compulsory purchase orders by local authorities, practising lawyers are compelled to say to their clients, " You have a case here, but you cannot afford to fight it ". These Regulations will give to practising lawyers an opportunity to battle back at landlords and local authorities on their own terms. and for that reason they are to be widely welcomed.
1.13 a.m.
Much the same applies to cases under the Highways Act, 1961. It has become increasingly difficult for any person who falls over on the highway to take action against a local authority, because, under the legal aid system, assistance is refused according to a case decided in 1968. I hope that under the extension now proposed it will be easier for people to proceed against local authorities than it is at the moment.
1.14 a.m.
There are aspects of this matter about which it is no exaggeration to say that the two sides must agree to differ. As for the reasons which led to the need for this extension, I echo what was said by my hon. Friend the Member for Birmingham, Hall Green (Mr. Eyre). It is deplorable that people of humble means have been drawn into expensive and protracted disputes of the kind which come before the Lands Tribunal. It is the result of some of the very complicated legislation passed in the last few years. But we had the battle about that on the legislation itself.
The Government having passed it, and having created a situation in which people of humble means find themselves in difficulty if they do not have legal assistance in fighting their cases, we on this side are just as pleased as hon. Members opposite that the present Regulations will be of help to them. I say no more about the Regulations. I suppose that that is all that is strictly speaking in order, Mr. Speaker. But as you permitted the Attorney-General the indulgence of saying something—Order. The right hon. and learned Gentleman will learn from this, perhaps, the unwisdom of seeking an indulgence.
I would only say that I was a little sorry that the right hon. and learned Gentleman introduced a slightly political note when he referred to the legal aid system introduced by the Labour Government. Hon. Gentlemen wag their heads, and the Leader of the House is joining in this party point. I do not mind, because it enables me to make one, too. [Interruption.] Perhaps the Leader of the House wishes to make a contribution while standing instead of only sitting.
I was merely saying that it was a fact that a Labour Government introduced the system.
It is a fact, but it is a pity when one political party seeks to make political capital in claiming credit for the fact.
This was a Measure introduced with the agreement of all parties and the cooperation of both parts of the profession. It is fair dos for the Labour Party to seek the credit to the exclusion of the Conservative Party, especially in the present climate, but it would have been more generous to bring everyone into the act. It was something in which everyone had a part. I am sure that the Attorney-General will not mind my making a slightly political point here. This seems an extraordinary time at which to announce far-reaching changes which cannot be introduced this Session, and, therefore, probably in the lifetime of this Parliament, changes which the Government, therefore, may be quite unable to introduce, and which we cannot discuss because to do so would be out of order. If what we all expect to happen does occur, this Parliament may shortly be replaced by another, and if the result is what we on this side of the House expect I can assure hon. Members that it will be our intention to extend the scope of legal aid as far as practicable. Whether that will be in precisely the form the right hon. and learned Gentleman has announced tonight, I cannot say, because we have only just heard what is proposed. But if, as I apprehend may be the case, the Government cannot implement the intentions they have expressed in the further announcement tonight, the public may rest assured that the Conservative Government will do something similar. At all events, it is our aim to extend legal aid. I feel that we are very mean about the administration of justice. We tend to think that we must be careful about every penny spent in the administration of justice and legal aid. I think the other way. Of course, we should practise economy. Of course, we should make sure that money is well spent, but this is one field in which we should be very careful not to be mean. I am sure that there is scope for extending the benefits of this system. I am happy, on behalf of this side of the House, to extend a welcome to that part of what the Attorney-General said dealing with the strict terms of the Regulations.Question put and agreed to.
Resolved,
That the Legal Aid (Extension of Proceedings) Regulation 1970, a copy of which was laid before this House on 4th May, be approved.
Tonga Bill Lords
Considered in Committee; reported, without Amendment.
Motion made, and Question proposed,That the Bill be now read the Third time.
1.20 a.m.
On a point of order, Mr. Speaker. May I have your guidance on this Motion? Is there any way in which, within the rules of order, one could extend a welcome to the Bill? It would be a pity if the Bill, which is granting to a friendly nation something which we believe it wishes to have, were passed without comment and without it being made clear how much we welcome it and how well we wish those whom it affects. Would I be in order in voicing such sentiments?
I appreciate the welcome which the hon. and learned Member for Southport (Mr. Percival) has expressed for the Bill, which he shares with every other right hon. and hon. Member. Such welcomes were expressed on the Second Reading of the Bill and unless there is a Motion on the Order Paper I have to put the Motion for the Third Reading formally. But the hon. and learned Gentleman has expressed what is in the hearts of all of us in the House in welcoming the Bill.
Question put and agreed to.
Bill accordingly read the Third time and passed, without Amendment.
Swaziland (Gift Of Aspeaker's Chair)
1.22 a.m.
I beg to move,
That an humble Address be presented to Her Majesty, praying that Her Majesty will give directions that there be presented, on behalf of this House, a gift of a Speaker's Chair to the Swaziland House of Assembly, and assuring Her Majesty that this House will make good the expenses attending the same. The gift to Swaziland follows the now established tradition of the House of Commons, which we are glad to honour today, that we send a gift to the Legislature of a Commonwealth country to mark that country's attainment of independence within the Commonwealth. The parliamentary authorities in Swaziland, who have, naturally, been consulted, welcomed the proposal to present such a gift and a Speaker's Chair has been designed and manufactured. For the convenience of right hon. and hon. Members, the Chair is on display in the House. If the House accepts the Motion, as I am sure it will wish to do, arrangements will be made by Mr. Speaker for a small delegation from the House to present the gift. We understand that the presentation can conveniently be made during the first week in September. I therefore commend the Motion to the House in the expectation that it will be accepted as an expression of our friendship and good will towards the House of Assembly of Swaziland.1.24 a.m.
I rise only to support and welcome the Motion. I am, however, in a difficulty. We are entirely in agreement so there really is no necessity to say anything, but if we remain silent, this might be regarded by some as showing less than enthusiasm or something less than warm support for what is being done, and that would be as unfortunate an impression as it would be inaccurate.
On behalf of the Opposition, I wish to let it be known to those concerned that we do not join in this Motion as a formality, but with warmth and enthusiasm and in the hope that they accept this gift not as an isolated act, or an act of largesse or anything of the kind, but a symbol of our lasting regard for them. We do not simply present this Chair and forget about it, and we hope that our friends will not simply receive it and forget about it. We hope that just as we in this House look with affection upon the furniture that was given to this House when it was rebuilt, by our friends of the Commonwealth, so, too, our friends in Swaziland will look at this piece of furniture with affection and as something which daily joins them closer to us. I appreciate that in absolute terms there is no necessity to say anything because we are in agreement, but I felt it necessary to say that because we want our friends there to know that we do not simply join in this as a formality. We hope that this gift will give as much pleasure to those who receive it as it gives us in the giving of it.Question put and agreed to.
Resolved,
That an humble Address be presented to Her Majesty, praying that Her Majesty will give directions that there be presented, on behalf of this House, a gift of a Speaker's Chair to the Swaziland House of Assembly. and assuring Her Majesty that this House will make good the expenses attending the same.
To be presented by Privy Councillors or Members of Her Majesty's Household.
Holloway Prison(Rebuilding)
Motion made, and Question proposed,That this House do now adjourn.—[ Mr. Dobson.]
1.26 a.m.
The purpose of this Adjournment debate is to discuss the rebuilding of Holloway Prison. The London Borough of Islington is one of London's inner boroughs and was one of the first parts of London to be developed. When Holloway Prison was originally built in 1888 it was right on the edge of urban London, overlooking fields and pastures. By the end of the 19th century, Islington had been built up. There were no more fields. Ever since that time all new construction has involved redeveloping and renewing out-dated and unwanted buildings. The pace of development has been very rapid and brought with it large numbers of people.
By the turn of the century Islington was suffering from the problem which has plagued it ever since—a very large population, poorly housed with no room to build new homes or provide vital facilities, such as open spaces without first demolishing and clearing areas. Moreover, it invariably became necessary to move out more people than it was possible to rehouse on the same site. As a result of modern health regulations 19th century standards cannot be tolerated today. Islington was built up before local authorities could build council homes, before proper open space standards were introduced, before the motor car had arrived and before services such as day nurseries, libraries and old people's homes had been established. Much progress has been made, particularly since the election of the present Government. Locally we have benefited from high council building subsidies, rate support grants, the Rent Acts and the urban programme. But problems still remain. There are nearly 10,000 families on the waiting list for council homes. People in desperate circumstances. Families of seven people in one damp basement room are told that nothing can be done to help. In any other city they would be rehoused immediately. There is less open space in my constituency than in any other in London. Not one Islington football team, with the notable exception of Arsenal, has ever enjoyed a home match. There is not a single footpath pitch available. A total of 236,000 people are living on 5·3 square miles and the shortage of land is desperate. Nor should anyone imagine that Islington is a community of affluent people, able to travel freely to enjoy facilities not available in their own borough. A council survey of families on the waiting list showed that the most earned between £16 and £18 per week. As I have outlined it, the problem facing Islington is one of a shortage of available land. It is very scarce in the borough. Every decision to use it or redevelop it must be measured against this background. This is the problem which determines our priorities for action. It is against this background that the decision to redevelop Holloway Prison on its present site in Islington should be viewed and seen to be the public scandal which it is. Should this plan proceed, it would permanently deprive nearly 1,300 people of a decent home, and their children of somewhere to play. The opportunity for Islington Council to build homes on land where it has not first been necessary to rehouse more families than will be able to return is the only sure hope that it will be able to solve the many problems arising from its earlier development. One opportunity has already been lost. Railway land at Monnery Road, which had not been in use for years, was not passed to the council for the good of the community, but was leased by British Rail to Shell Mex and B.P. as an oil storage depot for the whole of North London. The heartless and temporary Tory majority on Islington Council actively assisted this company to proceed with this despicable scheme, to the detriment of my constituents. This must not happen again. Such is the pressure for land in Islington that it is costing the council between £80,000 and £100,000 per acre to buy residential land. In addition, it must meet the cost of rehousing those living there, together with the building costs. On this basis, the Holloway Prison site is worth over £1 million. Can the Home Office really justify spending £1 million for a site for prison facilities? I suggest that it would not try, because there would be a public outcry. Yet this is, in substance, what it is trying to do at present, although it is cloaked by statements about the original purchase price of £1,000. I hope that we can be told the price of the last site purchased for a prison. I cannot imagine that it was anywhere in the region of £1 million. No one would question the urgent need for modern prison facilities. The issue that I want to raise is the location of those facilities. No doubt, remand facilities for women are needed in the London area, but there are 31 other London boroughs in addition to Islington, although few have problems approaching the magnitude of that borough's. We all know that prisons are not popular, but, equally, there can be no doubt that Islington has more than a fair share. There are five London prisons and 32 London boroughs. But at present Islington provides land for two prisons, not just Holloway but Pentonville, too. This situation cannot be tolerated any longer. An enlightened prison policy does not depend on using the Holloway Prison site. Decent homes for Islington cannot be built without it. The need to rebuild to modern standards is a good opportunity for the Home Office to make this possible. This opportunity must not be lost. The key question turns on the reasons that the Home Office can give us to justify the use of this site. It is difficult to think that there is any other reason than sheer administrative convenience. It is easier to redevelop a site that they already own than search for a more appropriate one. Home Office interests seem to be riding roughshod over the housing needs of my constituents. We have been told that other sites have been considered. If that is so, I hope that we shall be told the names of those sites and the reasons why they were rejected in favour of Holloway. Any unwillingness to disclose this information will only confirm my belief that this was the only site considered. It will then be clear that administrative convenience is to be ranked higher than contributing to the solution of desperate human housing problems. Before going any further, I must ask the Minister to assure himself and the House that he does, in fact, have a legal right under the Prison Acts to redevelop Holloway Prison without planning permission from the local authority and without first securing the local authority's agreement. No doubt the Minister will sympathise with my case and with the plight of my constituents. I hope that he will look again at this proposal, reconsider the scheme and match his sympathy with action.1.35 a.m.
My hon. Friend the Member for Islington, North (Mr. O'Halloran) has kindly allowed me five minutes of his time to support him in his plea. I was privileged to lead a deputation from the local council to the Home Office in April, 1969. The Home Office frankly expressed its views and the council expressed thanks to me for having tried to do my best. It is, therefore, with regret that I record that the council is not making the best use of the land it has.
One would have more understanding of the council's problems if it was using the land in my constituency and in other parts of Islington to the full. The council has wilfully refused to do so. Land which was purchased by the council in 1968 is being sold, and for two years—Order. This is a matter which the hon. Member must raise with his local council.
I was trying to illustrate to the House that whilst one can argue that it is too much to have two prisons in the Borough of Islington, it is deplorable that the local authority, while the fight is going on, is not using the land it has and, what is more, is selling it.
Order. The use or misuse of the land by the local authority is a matter for the local authority.
I have done my best to raise the matter of the prisons and their siting. When the House was discussing the Greater London Council (General Powers) Bill a site at Rainham, in Essex, was mentioned. The leader of the Rain-ham Conservative Council has shown no interest in persuading the Islington Council to ask the Minister to site Pentonville or Holloway in his area. It is all very well for an area to say that it does not want a prison, but when it has to designate the area where it is to be interest breaks down.
I hope that my hon. Friend will reiterate the undertaking given by the Home Office to the deputation which I presented. Although Holloway, for the specific reasons which the council at that time said it understood, cannot be moved, I hope that the Minister will reiterate the undertaking given by the Home Office to the deputation that Pentonville Prison will be moved from Islington. Pentonville occupies 11·3 acres and Holloway 12·9 acres. The size of site that the Islington Council is asking for will be available if Pentonville can be moved. It is unreasonable for a borough council to have two prisons within its area. This matter has been going on for years. It ill behoves a Conservative council to complain when a Conservative Government for years failed to take any action. I congratulate my hon. Friend on bringing in an enlightened policy for prisons to make them less wretched than they are.1.40 a.m.
In the course of my reply to my hon. Friend the Member for Islington. North (Mr. O'Halloran) and my hon. Friend the Member for Shoreditch and Finsbury (Mr. R. W. Brown), it will be my duty to explain to them, and through them to their constituents, the reasons why the Government have been unable to relinquish the prison site at Holloway for local authority purposes. But I must say at once that the Government have every sympathy with the motives of the local authority and the hon. Members in pressing for the acquisition of this site.
The Government are fully aware of the pressing housing problems in Islington. This was an important factor to which fullest consideration was given by the Home Secretary before he reached the decision announced to Parliament in December, 1968. Prior to that date, and subsequently, there were a number of discussions at all levels with the local authority and the Greater London Council at which the situation was fully explored. In the full knowledge, therefore, of the need in Islington for sites on which to build houses, the Government have been reluctant to be unable to respond to the request for the surrender of this site. But the Home Secretary has a responsibility, that goes wider than local interests, for the custodial treatment of those women and girls who are sent into the care of the prison service by the courts. Before coming to the specific reasons why it was decided to redevelop the Holloway site, it is necessary to put the proposal into its full context. The policy for the custodial treatment of women and girls that was announced to Parliament in December, 1968, was the result of a comprehensive review of the problem. The conclusion that was reached was that by devoting a reasonable amount of the total resources available to the prison system it should be possible, within a decade, to provide the necessary facilities for a custodial system for women and girls that would serve for the foreseeable future. Those hon. Members who have visited the prison at Holloway will know that, although it has served the country exceedingly well for more than a century, the buildings are out of date and are deteriorating. They are quite unsuited to the modern methods of treatment that the prison service of today is trained to employ. The new policies demand an entirely new establishment suitably designed and equipped to deal with existing and new problems according to our latest knowledge and in an acceptable environment. The new policy, now being put into effect, for women and girls in custody is based on the premise that most of them require some form of medical, psychiatric or remedial treatment. The female establishments in the prison system are, therefore, being reorganised to provide the necessary facilities. Because of the relatively small numbers of women and girls—less than 1,000—who are received into penal custody and their geographical scatter, it is not possible to locate them all near to their homes. This creates problems not only for the women in custody, but for their families, legal advisers, the probation service and others concerned with welfare and rehabilitation. The system is, therefore, being redesigned to provide a complex in the north and another in the south, each with a full range of facilities for all penal purposes, of establishments both closed and open in character. Holloway will be the principal establishment and, apart from providing the closed prison and remand centre facilities for the southern complex, will serve a country-wide purpose through the provision of certain facilities that it is not at present possible to duplicate elsewhere. As such, Holloway will form the hub of the female penal system being by far the most important establishment within it. But, we have been asked, not unreasonably, why it is necessary to redevelop the new, medically orientated establishment, at Holloway. It has been suggested that the new establishment might be better located elsewhere, thus releasing a valuable urban site for development by the local authority. Hon. Members who have read the Adjournment debate last night about the closure of the women's wing at Brockhill will have learnt something about the insuperable problems that arise from trying to manage even a very small establishment for women in an area only 15 miles from the centre of Birmingham. Experience elsewhere has confirmed the impossibility, as at Brockhill, of maintaining the essential basic services for a female establishment of the kind envisaged in a rural area or one even marginally remote from specialist resources. Given, also, that Holloway must serve the London courts, there was no alternative but to redevelop the new establishment at a site fairly near to the centre of London. The new establishment will be basically a secure hospital and will make considerable demands on medical and psychiatric resources which must be reasonably near to it. By far the most difficult problem that the Home Office prison department faces in pressing the development of new penal establishments is the acquisition of sufficiently large sites, suitable for its purposes, in the face, frequently, of local opposition, or of competing demands for other laudable social objects. When, therefore, the decision was faced to redevelop the Holloway site, the Home Office had to recognise that it was virtually impossible to expect to secure a site of sufficient size in a suitable location in the capital.There was such a site—the Barbican site in the City of London. They will not cater for housing in their area. They house in our constituencies. Why did not my hon. Friend persist that they should have the prison within the boundary of the City of London?
It is well known that whenever a borough in London, or elsewhere, suggests that a prison site should be established in another borough, that borough, in turn, suggests a site in a third borough, and so on, until there is a chain of possible sites running across the whole country to be examined.
Hard experience has shown that years can be wasted in pursuing suggested sites only to be frustrated at the end of the day when the planning interests are resolved. It would have been impossible to say when, if ever, a suitable alternative would have become available. I am sure that both my hon. Friends appreciate how very much time is of the essence in this connection. In view of this difficult situation and our responsibilities there was no alternative, therefore, but to redevelop on the site we possessed at Holloway. We have had to accept, because there is no alternative accommodation for most of the women and girls at Holloway, that the establishment must remain fully operational throughout the rebuilding period. I need hardly emphasise the technical and operational problems inherent in that decision which we should have avoided if it had been at all possible. All of this has been explained many times to the authorities at Islington and to the Greater London Council, and I think that they are not unsympathetic to our problems and would be anxious to help if they could. But they have their responsibilities, too, and it is entirely understandable, therefore, that they should press the interests of the people of Islington and London in regard to the use of prison sites. Islington, despite having, as has been said, one of the most difficult housing problems in the capital has two prison department sites within its boundaries. They are, therefore, obviously interested also in the removal of Pentonville Prison elsewhere. This, in the long term, may be possible since its function, and its demands on specialist resources, are different from those of Holloway where there will be the most modern and sophisticated medical and psychiatric facilities for the treatment of a much wider range of people. But in acknowledging the needs and interests of the people of Islington, I must ask the House to look at these against the general background of the severe and increasing pressure on the penal system and of the special needs, in regard to women and girls, that I have mentioned in respect of the redevelopment at Holloway. I must ask the House, also, to accept the assurance that my right hon. Friend has given that we would not have decided to proceed with the redevelopment at Holloway except after the most searching examination of all the issues involved. The House will wish to know what progress has been made on this project since this is relevant to the issue now before the House in so far as we have reached a stage where it would in any case be too late to turn back without serious loss and disadvantage. Moreover, no significant new factors have arisen or been mentioned in this debate that were not present and taken fully into account in the original decision. The Holloway Redevelopment Project, which has been the subject of regular consultation with the planning authorities, has passed from the briefing to the design stages and we now envisage work on the main redevelopment starting on the site at about the end of the year. There has been a considerable investment of technical and professional resources which have been heavily engaged on the major exercise of preparing the ground and organising the resources to launch a project of this scale and complexity. The collateral planning which is involved in the retraining of staff and the redeployment of people and resources has also reached an advanced stage. If we were to turn back now there would be no saying when, if ever, a suitable site and opportunity would recur to complete the task to which we have now set our hand. The morale of those concerned in the prison service would be seriously damaged and we should be failing in our duty to those in our care not to press on to a successful conclusion the project upon which we have embarked, and upon which we must rely if we are to fulfil our responsibilities in the future. I hope that in due course the people of Islington will come to feel some pride in what is being created at Holloway. In place of an out-of-date, gaunt and deteriorating ensemble of prison buildings there will rise a modern, hospital-type, institution, with its ancillary buildings and staff quarters, which will ensure that our staff and the people in their care are housed and work in a pleasant and satisfying environment. In its conception the new establishment will embody the best in contemporary penological, medical and psychiatric thought. We believe that the new buildings will enhance the town-scope of Islington in an imaginative and desirable way. Socially, they will represent an achievement of international significance, of which we who are responsible for the penal system and, I hope, the people of Islington, will be justifiably proud.Islington has been known for a century and more as a place where there were two prisons. People in my constituency are not anxious to perpetuate that situation.
It is not a question whether we add to the number of prisons in Islington, but whether the increase in our prison population that we are now suffering is such as to allow Islington to have less than two prisons. I have told my hon. Friend that if there is a possibility of the development programme for prisons proceeding at such a pace as to allow Pentonville Prison not to be used as a prison at some time in the future that will be done.
Though we are unable to meet the request of the local authority for the surrender of this site, I trust we may expect its co-operation in establishing this important new institution. I know, in fact, that it does not question, indeed it shares our belief in the moral values and social merit of the forward-looking policies that have promoted this project. We talk of a caring community; we aspire to higher moral standards and social progress. Here at Holloway we aim in a practical way to develop the advanced therapeutic treatments in an environment that will help us to realise the full potential of our skilled and devoted staff; and to give them the benefit of the best facilities and practice that experience and planning can contrive. If, as I firmly believe the way in which a country cares for its needy and delinquent people is a measure of a civilised society, the social attitudes inherent in the redevelopment of Holloway will make a worthy contribution to the achievements by which we shall be judged.Question put and agreed to.
Adjourned accordingly at seven minutes to Two o'clock.