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Commons Chamber

Volume 810: debated on Thursday 28 January 1971

House of Commons

Thursday, January 28, 1971

The House met at half-past Two o'clock

PRAYERS

[Mr. SPEAKER in the Chair ]

ORAL ANSWERS TO QUESTIONS

EMPLOYMENT

Redundancy Payments Act

asked the Secretary of State for Employment whether he will seek to amend the Redundancy Payments Act so as to prevent an employer who is reducing staff from transferring employees to other jobs and dismissing from those jobs employees who have served less than, or little more than, the minimum qualifying period under the Act, unless such transfers are provided for by an agreement between the employer and the trade unions representing those who are dismissed.

No, Sir. Procedures for dealing with redundancies are a matter appropriate for voluntary negotiation.

Can the Minister conceive of the resentment felt by a man who is sacked from a factory after a year's employment so that a man from a department which is to be closed down can be transferred into his job, solely because that man would, if dismissed, have a very high redundancy payments claim? Does he appreciate that this practice can militate against a man's chances of ever being employed long enough to have a proper redundancy entitlement? Will he consider whether its effect may be to establish the policy of last in, first out, on a much wider basis than has ever been contemplated hitherto?

I quite appreciate the situation that the hon. Gentleman described. I hope that it is not widespread, and I think that it probably is not, although I shall be glad to go into any cases he wishes to bring forward. I think that the general rule arrived at in negotiation between employer and employee is that those who arrive last, go first. In that case, what he said would not obtain in any well-run establishment. Negotiations between trade unions and employers would come to a proper arrangement on that.

Unemployment

asked the Secretary of State for Employment what are the latest figures of unemployed in Great Britain and Northern Ireland, and by regions within the United Kingdom.

As the reply consists of a table of figures I will, with permission, circulate it in the OFFICIAL REPORT.

Is the right hon. Gentleman aware that in the first month of this year more days have been lost through unemployment than were lost by strikes in the first 11 months of 1970? Is it not high time the Government got their priorities right, created more job opportunities, and stopped attacking the workers, who have created the biggest trade surplus in history?

There are a lot of non sequiturs in that supplementary question. Of course the present unemployment figures are serious and should be taken seriously. But it is well known that, as history shows, there is a long time lag before changes in policy reflect themselves in unemployment figures. The current level of unemployment reflects the policies of the last Government.

Does the Minister agree that the figures will no doubt show an increase in unemployment in the regions and that the Government's policies, as outlined in yesterday's edition of The Times, seem to be having a standstill effect on new industrial opportunities going into the regions?

I would not, because the new policies, good or bad, have not yet had time to have an effect one way or the other.

It certainly cannot be the effect as yet. The first requirement to deal with the unemployment situation is to control the present level of cost inflation. There can be no doubt that the extremely rapid rise in cost levels is seriously affecting the viability of many companies and, therefore, their ability both to employ people now and to invest to provide employment opportunities in the future.

Is the Minister fully convinced of the efficacy of the Government's policies, such as they are, for dealing with unemployment? If he is, will he give us an undertaking that as a consequence of the policies in which he believes and which he put forward, there will be a fall in unemployment within a reasonable time—say, the next six months?

The hon. Gentleman must address questions about regional policy to my right hon. Friend the Secretary of State for Trade and Industry and President of the Board of Trade.

Does my right hon. Friend agree that the greatest threat to employment comes from the fires of inflation which were lit by the right hon. Member for Blackburn (Mrs. Castle) and her right hon. and hon. Friends?

That is indeed true. The House and the country must realise that just as one man's inflationary increase is another man's price increase, so it is another man's unemployment.

Following is the information: TOTAL NUMBERS REGISTERED AS UNEMPLOYED AND PERCENTAGE RATES OF UNEMPLOYMENT AT 11TH JANUARY, 1971 (PROVISIONAL) Registered unemployed Percentage rate South East 147,265 1.9 East Anglia 18,353 2.9 South Western 45,001 3.4 West Midlands 56,915 2.5 East Midlands 37,807 2.7 Yorkshire and Humberside 67,285 3.3 North Western 93,125 3.1 Northern 67,573 5.1 Scotland 115,114 5.3 Wales 42,269 4.3 Great Britain 690,707 3.0 Northern Ireland 40,853 7.9 United Kingdom 731,560 3.1

Disabled Persons Employment Acts (Prosecutions)

asked the Secretary of State for Employment how many employers were prosecuted during 1970 under the Disabled Persons Employment Acts for failing to take or maintain their quota; and if he will make a statement.

None. Neither of these things by itself constitutes an offence under the Disabled Persons (Employment) Acts.

Is the hon. Gentleman aware that there is grave feeling in the organisations for the disabled that employers are dodging their responsibilities? Some Remploy officers feel this, and the disabled themselves feel that this is a most disgraceful state of affairs which is getting worse. Can the Minister give us an assurance that he is prepared to examine my claim that there is evasion, and that some employers are not taking up their full quota?

Yes, Sir. Many employers fail to reach their quota because of the unsuitability of those disabled people who are available. But I accept the genuine concern on both sides of the House and I am taking urgent steps to extend our enforcement procedure in this matter. In future, it is proposed to inspect the records of employers much more frequently. We are also looking at other measures by which we can perhaps stimulate greater activity in the employment of the disabled.

I am grateful to hear that my hon. Friend is seeking to improve the Department's enforcement policy, but this is a question not only of enforcement but of trying to persuade employers that to seek to fill their quota is a responsible attitude to take, to try to improve the deplorable record we have in the employment of the disabled.

My hon. Friend is absolutely right. I also hope to initiate talks with leaders in various areas of commerce with just this aim in view.

Is the Minister satisfied that the present quota of 3 per cent. is enough, against the background of an unemployment figure in excess of 11 per cent. for employable disabled people? As he is a ware, this is a deeply sensitive human problem. Does he agree that we should have a Green Paper on the whole question of the employment problems of disabled people, including the very important problem of access to places of employment?

We are looking at all aspects, and perhaps in due course we shall be able to make an announcement. As to whether the quota of 3 per cent. is right, of course the figure could be increased, but we must be realistic. As my hon. Friend the Member for Paddington, South (Mr. Scott) said, the important thing is encouragement to get the right response. If we can fill the 3 per cent. I think that we shall be making very good progress.

Employees (Small Firms)

asked the Secretary of State for Employment why information as to the number of employees employed by employers who employ a total of four persons or less is not available.

This figure would be excessively expensive and time-Consuming to extract. It is known that the number is less than three million but may be nearer to one million.

That is a staggering reply, particularly since this group of workers is specifically excluded under the unfair dismissal part of the Industrial Relations Bill. Will the Minister bear in mind that some of those workers, particularly agricultural workers, work in extremely precarious industries which are not known for having the best employers in the economy?

Perhaps these matters can still be considered during the discussions on the Bill. There is an admirable precedent for what we are doing. The right hon. Lady proposed exactly the same thing in her Industrial Relations Bill.

Conditions of Employment (Membership of a Trade Union)

asked the Secretary of State for Employment what is his policy with regard to conditions of employment which require the membership of a trade union.

The Industrial Relations Bill establishes a clear legal right to belong or not to belong to a trade union and provides remedies against actions aimed at preventing or deterring a worker from exercising this right or discriminating against him for so doing.

Will my right hon. Friend draw the attention of British Transport Hotels Ltd. to this policy and urge it not to discharge employees whose only fault is that they are unwilling to join a union?

At the moment, of course, all employers have to operate under the law as it stands, but I hope and imagine, particularly after our debate yesterday, that all employers will be aware of what the new policy is to be.

Following his reply, will the right hon. Gentleman issue publicity material to British Transport to give it guidance as to how it should encourage its employees to become members of trade unions?

I hope that British Rail and all employers, as I said last night, will regard it as one of their tasks normally to encourage their employees to join their appropriate unions. I do not think it would help for the Government to lay down precisely how each employer should do this.

Electricity Supply Industry (Dispute)

asked the Secretary of State for Employment how many meetings were held by his Department in which they acted in the rôle of conciliators in the recent power dispute.

I and my conciliation officers held eleven meetings with the unions and the employers during the course of the dispute affecting industrial staff in the Electricity Supply Industry.

I thank the right hon. Gentleman for that reply, which outlines that the Government are using the conciliation officers at their disposal. At what stage did he decide to use conciliation? Was there a time lag?

No, Sir. It would have been inappropriate for me to have intervened before the industry's own machinery had broken down. The moment it did break down, I was informed of the fact by both employers and unions, who both asked to come to see my Department, and meetings were fixed up immediately.

asked the Secretary of State for Employment how many working days were lost as the result of the work-to-rule in the power workers' dispute.

Statistics of working days lost through industrial disputes relate only to stoppages of work and not to other forms of industrial action such as working to rule, nor are statistics available of days lost in establishments other than those in which the disputes occurred.

Will not the hon. Gentleman concede that working days were lost during the power strike and that there was considerable disruption in the economy? If he will concede that, can he inform us, in the light of experience, what future steps he is taking to ensure that there will be the minimum disruption as a consequence of any power strike if, for example, the unions reject the Wilberforce recommendations?

I do not think that the House will underestimate the number of hours lost in industry generally as a result of the work-to-rule. Everyone will concede that. Obviously, the Government look forward to every sort of eventuality and are ready for it. We hope that we shall not have to put these steps into action.

Has there been any assessment of the total impact on national production caused by the work-to-rule? Is it not a nonsense, and a contradiction in terms, that action which causes danger to health and, indeed, to life is called a "work-to-rule"? Should not the rules in these circumstances change?

We have given a good deal of thought to the whole question of the amount of disruption and the hours of production lost in industry as a whole. It is impossible to get anything like an accurate figure in this respect without literally requiring a return from employers, and so on, which would not be possible. One can do no more than make one's own judgment.

Bearing in mind the recent power dispute and statements made in the House about it by hon. Members opposite, is the hon. Gentleman aware that many station superintendents in the electricity supply industry have since spoken in glowing terms of the co-operation they received from their workers during the dispute? Is it not time that the Government acknowledged this fact, which is contrary to the statements they were making during the dispute?

I do not think that the Government have made any derogatory remarks about power workers.

asked the Secretary of State for Employment what percentage of days lost in industrial disputes was lost by power station workers in 1969; and how this compares with the national average.

Separate figures are not available for power station workers but working days lost in the electricity industry accounted for just under 0.2 per cent. of all working days lost through stoppages in the United Kingdom in 1969. This represents about 45 days lost per 1,000 employees in the electricity industry compared with about 300 days lost per 1,000 employees in all industries and services.

As the hon. Gentleman's Answer shows, very great disruption can be caused in the power industry without workers going on strike. Can he tell us how his Industrial Relations Bill would have affected the dispute that took place before Christmas?

The question of how the Bill affects a single disruption of any sort is not a helpful way to approach it. As has been explained time and again in the debate on the Bill, its whole purpose is to provide a background that will in good time supply better negotiating machinery and more orderly collective bargaining. If we start from that, over a period of time we expect disputes to decrease in number and in severity.

If, as we are constantly told, it is essential to put industrial relations within a framework of law, surely the hon. Gentleman can tell the House how that framework would impinge on a particular, concrete situation. If not, what are we all wasting our time about?

May I then ask the right hon. Lady how—[HON. MEMBERS: "No."]—"In Place Of Strife" would have affected that dispute?

On a point of order. Mr. Speaker, I have heard your predecessors inform Ministers on several ocasions that it is not a Minister's privilege to ask questions but that it is his responsibility to answer them.

Order. I join my predessor in deprecating points of order during Question Time. The content of an answer is not a matter for me. If a Minister chooses to put his answer in the form of a question, that is not a matter for me.

Would not my hon. Friend agree that the position for the future with power workers is greatly aggravated by the fact that the chairman of the nationalised industry has had an increase from £12,500 to £17,500 a year, being a 40 per cent. advance, and that the leader of the union, Mr. Chapple, has now given himself an advance of 42 per cent., after deprecating advances for senior civil servants? Is not that sheer, naked aggravation in an already difficult situation?

If it is relevant, it will undoubtedly be considered by the Wilberforce Court of Inquiry.

Does the Minister agree that the difference between the Treasury Civil Servants and Mr. Chapple is that the Treasury was opposing the 10 per cent. increase while Mr. Chapple was in favour of getting proper reward for his members?

Faversham (Brick Industry)

asked the Secretary of State for Employment what are the comparative figures for the number of persons employed in the brick industry in the employment areas covered by the Faversham constituency in October, 1964, and June, 1970.

The figures for June, 1970, should be available by the middle of the year. Until then, I cannot add to the reply given to a similar Question on 16th July, 1970, when I said that the number of those in employment in the Faversham, Sittingbourne and Sheerness Employment Exchange Areas in bricks, fireclay and refractory goods industries fell from about 500 at mid-1964 to about 200 at mid-1969.

Will my hon. Friend accept that there was a continuing decline of this important local industry during the last year of the Labour Government and that this represents a very serious loss to an area which is suffering from higher than average unemployment? Is he aware that there is special need in certain areas of the South-East for the encouragement of new industries and a more generous granting of industrial development certificates?

I accept that there has been a decline. My hon. Friend will appreciate that the latter part of his supplementary question is not for me. But I am informed that there are some signs of improvement in the brick industry generally, and perhaps the Faversham area will benefit from that.

Does not my hon. Friend agree that, were we able to enter the Common Market, this area of the country would do very well and new industry would come to it?

I should be getting into deep water if I started debating the Common Market on a question of this sort.

Family Incomes Supplement (Workers' Wages)

asked the Secretary of State for Employment what arrangements he has made to enter into wage negotiations involving workers eligible for Family Incomes Supplement to ensure that wages will be increased substantially enough to save public expenditure on the supplement in relation to all save the largest families.

Will the hon. Gentleman persuade his right hon. Friend, in setting up the committees he is establishing at his Department, to give one of them the job of finding out where these lower-paid workers are and in what industries they are employed? Does not the hon. Gentleman agree that it is morally wrong to ask the taxpayers to subsidise employers who are paying wages which are, to all intents and purposes, below the living level? If such workers go on strike for justifiable wage increases, will the hon. Gentleman give an assurance that, contrary to previous practice, the Government will make pronouncements aimed at the betterment of those workers' conditions?

I take note of what the hon. Gentleman said. But I do not agree that the Family Incomes Supplement represents a subsidy by the taxpayers of lower-paid workers. We expect the supplement to affect only a small percentage of households.

Does it not mean that the higher wage and salary earners must contemplate a reduction because of the position of average income in this country?

I am afraid that I am not clear about the point my hon. Friend is making, but it is true that, as long as there are real differentials, so long will there be lower-paid workers and a lower-paid workers' problem.

Will the hon. Gentleman give an assurance that, when a wage claim is made to bring a person's wage up to at least £15 a week, the Department will support it, because it is a claim for a sum at which people can barely live, and that it will not lean on the unions to take less?

As a general proposition, I cannot support something which might refer to a particular situation. If the hon. Gentleman is talking of the idea of a national minimum wage, then that is something which the Government are considering.

Industrial Disputes (Pay)

asked the Secretary of State for Employment if he will list those industrial disputes concerned with pay which have led to strikes or other industrial action involving more than 10,000 employees since 1st July, 1970, and indicate those in which the claim for an increase had been first made before 1st June, 1970.

As the reply is somewhat lengthy I will, with permission, circulate it in the OFFICIAL REPORT.

That is not a great deal of information upon which to base a supplementary Question.

May I ask whether the reply, when I see it, will indicate that many or some of these wage claims started before the election and that, therefore, the impact of this rush of substantial wage claims is the inheritance of six years of Labour Government and indicates just how bad conditions had become throughout industry, so that the unions involved felt it necessary to put these substantial wage claims forward?

Yes, Sir. The full answer will show that it is a fact rather than a debating point that the Government took over a situation of excessive claims that were likely to lead to disputes unless the employers made settlements which were bound to be inflationary.

Does not the hon. Gentleman recall that the first wage claim dealt with by the present Government was that of the doctors? Is it not fair and equitable that working people should base their wage claims on the 20 per cent. criterion laid down in that case by the Government?

When the Minister is producing his list, will he include those disputes which would not have taken place if the provisions of the Industrial Relations Bill had been in force?

Did not the Prime Minister make a substantial contribution to the generation of inflationary pressures when on television in February and April, 1970, he said that wages in this country were low compared with other Western European countries and that he was in favour of high wages? Was not that an incitement?

I do not think that hon. and right hon. Gentlemen opposite can slide away from their responsibilities in this way. The background to the question with which we are dealing is the situation starting at the beginning of last year when the Government were laying down a norm of 2½ per cent. to 4½ per cent. for 1970, which was absolutely meaningless against the background of wage settlements which were made.

Equally the Government cannot slide away from their ancestry. Is it not a fact that the present Government fought and won the election on the proposition that inflation could not be blamed on the wage demands of workers but on the level of prices and that the right way to cure it was not by trying to hold wage rates down, of which they accused the Labour Government, but by acting directly and immediately on prices? And did not the Government win the election on a lie?

At no time during the election campaign, or at any other time, did the Prime Minister give the slightest inclination that he would condone wage rises of the type that we have had recently.

Following is the information:

The following stoppages of work since 1st July, 1970 were the result of pay disputes and involved more than 10,000 employees: the national stoppage by dock workers between 13th and 31st July: the local authority manual workers' stoppage between 29th September and 13th November: the stoppage in the coal mining industry between 26th October and 20th November: and the current stoppage by Post Office workers. The dispute involving some municipal and company busmen led to stoppages in some areas and other industrial action between 5th September and 21st November. Industrial action short of a strike was taken in three instances: by industrial staff in electricity supply from 7th to 14th December, by some employees in civil air transport from 14th December, and by members of the Fire Brigade Union from 17th December. In two cases, the claims were made before 1st June, 1970. That for local authority manual workers was first presented in April, 1970 and the latest in a series of claims which finally led to the stoppage by dock workers was presented in March, 1970.

Strikes

asked the Secretary of State for Employment how many strikes occurred in 1970; and by what percentage this figure exceeds the comparable figures for 1969 and 1964.

There were 3,888 stoppages of work due to industrial disputes in 1970. This was an increase of 25 per cent. over 1969 and a 54 per cent. increase since 1964.

Will not these startling figures provide strong supporting reasons for the legislation which is now passing through the House in Committee? Could my right hon. Friend say what proportion of these stoppages were unofficial and what proportion official?

I cannot offhand give the exact figures, but I am sure that I should not be far wrong if I said that about 95 per cent. of all industrial disputes were unofficial. As to the first part of my hon. Friend's question, the present situation does stress the urgent need for some action. The previous Government recognised that over two years ago but they did nothing about it.

Does the right hon. Gentleman recall that over the same period of time the number of days lost through illness rose from 280 million to 312 million— that for every one day's strike, 30 days were lost through illness? Would he not apply the same energy to industrial health as he seems to be applying to industrial relations?

That, too, is an important question in terms of industrial effect and we must do all that we can to improve the situation. In terms of industrial effect the loss through illness and voluntary absenteeism is not comparable with the loss through strikes because whereas places can be kept going when one or two people are away, they cannot keep going when the whole place is shut down.

To what extent does my right hon. Friend think that the alarming increase in disputes is attributable to the steep increase in the taxpayers' subsidy of strikes through the supplementary benefit system? Is he aware that if there is any truth in this morning's reports that the Government may be thinking of continuing this curious practice, this might be unlikely to reduce the continuous proliferation of strikes?

Any question of legislation in the social security sphere must be for my right hon. Friend to deal with. Evidence on this subject is not so easy to come by. The cause for the increase in strikes is difficult to analyse, but we are in no doubt that one of the reasons is that they have been a side effect of a statutory incomes policy, one which we forecast many years ago.

Would the right hon. Gentleman not agree that we should get a more balanced picture if we looked at the statistics over a period? Is he aware that if we look at the period from 1964 until May, 1970, and compare it with the preceding comparable period from 1959 to 1964, no matter whether we calculate it in terms of number of days lost, number of workers involved or the number of strikes, the figures almost exactly match?

As the Donovan Report pointed out, in June 1968, the serious and urgent problem was the number of strikes and their increase in all industries other than coalmining.

asked the Secretary of State for Employment what were the number of days lost from stoppages due to strikes in 1970; how this figure compares with those for the previous five years; and what percentage of both were due to unofficial strikes.

As the answer consists of a table of figures I will, with permission circulate it in the OFFICIAL REPORT.

Is it not a fact that the vast increase in the number of strikes, as given in the previous Answer, causes disruption in other industries? What evidence has my hon. Friend that the increasing number of strikes is the cause of rising unemployment?

I do not think that I have any evidence on paper to prove that point. I can but reiterate what has been said previously, that undoubtedly the number of strikes causes great disruption. By any standards, whether by days lost or by number of strikes, the situation is getting progressively worse. The table which will be published as an answer to the Question shows that in 1965 the total number of days lost was just less than three million, while last year it was over ten million. The escalation has been very rapid.

Does the hon. Gentleman agree with Donovan that while the majority of strikes investigated by Donovan were unofficial, they lasted only two or three days, while official disputes were three or four times longer? Will not the Government's legislation bring about the development of official disputes which may last for weeks and months, as happens in America and which will damage the British economy more than anything that has happend before?

We certainly and sincerely do not believe that that forecast will prove to be correct. It is worth underlining once again that all these unofficial strikes, short or long, are, relatively speaking, more disruptive than official strikes.

Following is the information: STOPPAGES OF WORK DUE TO INDUSTRIAL DISPUTES, UNITED KINGDOM Working days lost in all stoppages in progress in year (000's) Total(1) As a result of stoppages Known to have been official(2) Column (2) as Percentage Column(1) 1970* … 10,970 2,734 24.9 1969 … 6,846 1,613 23.6 1968 … 4,690 2,199 46.1 1967 … 2,787 394 14.1 1966 … 2,398 1,171 48.8 1965 … 2,925 607 20.8 * Provisional. † Separate estimates are available only for stoppages known to have been official.

Drug Taking (Young People)

asked the Secretary of State for Employment what instructions he has given to industrial training authorities under his control to alert themselves for evidence of drug taking among 15-to 18-year-olds.

None, Sir.

It is advisable to await the outcome of the Misuse of Drugs Bill and to see what schemes of information collecting and monitoring may be introduced.

Leaving the punitive measures out of this, does the Departmental philosophy accept in the matter of care and help with drugs that those at work are at a disadvantage compared with those at school?

The campaign against drug taking must be directed from the Home Office. If, as a result of the Misuse of Drugs Bill, my Department is required to co-operate we shall gladly do so. Frankly, I do not see that we shall be able to help to a tremendous extent in the way suggested by the hon. Gentleman.

Average Weekly Wage

asked the Secretary of State for Employment what was the average weekly wage at 1st January; how this figure is broken down expressed as earnings for male worker and female worker, respectively; and how the wages index has changed, compared to that of the retail prices index over the last five years.

Figures of average weekly earnings are not available for 1st January but are available for October of each year.

At October, 1970, the provisional figures of average weekly earnings of full-time manual workers were £28 Os. 11d. for men aged 21 years and over, and £13 19s. 10d. for women aged 18 years and over. Between October, 1965 and October, 1970, average earnings of all workers covered by the regular inquiry rose by 45.9 per cent. and the general index of retail prices by 26.4 per cent.

While thanking my hon. Friend for that detailed Answer, may I ask him whether it is not a fact that wages and salaries account for a figure of £29,000 million out of a national income of £35,000 million? Is this not evidence that one man's pay rise today is another man's price rise and that if the nation is to level out incomes then there is no alternative to higher wage and salary earners accepting a reduction for the benefit of the lower wage and salary earners?

My hon. Friend would be surprised if I could absolutely confirm the figures he gave at the beginning of his supplementary question. Although it is never argued that prices rise in absolute direct relation to wages, undoubtedly the excessive wage claims that we have had are a major cause of the excessive price rises.

Is the Minister aware that there are women in the Shetlands who last year were earning only £10 to £13 a week? While it may be impossible to have the type of detailed prices and incomes policy which we have attempted from time to time, does not he agree that we must have an incomes policy which ensures justice, otherwise those at the top of the scale and those who are highly organised get enormous increases and those at the bottom of the scale are left behind altogether?

The whole accent of the Government's policy has been in favour of the lower-paid worker. At the same time, when this country had a statutory wages policy the lower-paid worker suffered and gained no advantage from it.

Is my hon. Friend aware that male industrial earnings in the West Riding of Yorkshire are about 25 per cent. lower than the average, and that unemployment in that region is rising faster than anywhere else in the country? Will he do his best to bring the new science-based industries to this region, which are so crucially needed for diversification and high earnings?

The West Riding of Yorkshire is an area which I know very well, for I have lived and worked there, and I realise the needs which my hon. Friend describes. However, regional policy, with which the Government are extremely exercised, comes under my right hon. Friend the Secretary of State for Trade and Industry.

If the Government's policy is designed to help the low-paid worker against the higher-paid worker, why have the Government done their best to prevent postmen getting more than an 8 per cent. increase, whereas, when the Secretary of State was informed last December by Chrysler directors that they intended to give an 18 per cent. increase to their workers at Lynwood, he raised no objection?

Glenrothes

asked the Secretary of State for Employment if he will initiate an urgent inquiry into the decline in employment in Glenrothes, Fife.

Does the Under-Secretary of State recognise that there is a good deal of disquiet among trade unions about the way in which things are developing in Glenrothes? Will he undertake to inquire of firms, particularly big firms, in Glenrothes the trend over the last six or 12 months as there seems to be justification for measures to be taken by the Government, not only in Glenrothes but in Scotland as a whole?

Part of our policy is to maintain contact with the employers in areas of difficulty. I appreciate the hon. Gentleman's concern about the electronic industry in that part of the world, but I am pleased that most of the redundant workers have been re-placed. We are not complacent about this and will certainly look at it further.

Retail Food Price Index

asked the Secretary of State for Employment if he will introduce a new retail food prices index, the weights of which relate to food consumption patterns in households which have a total income of less than £20 a week.

Households with weekly incomes of less than £20 vary to such an extent in size and pattern of food consumption that no reliable index could be established.

Is the Minister aware that that is a most unsatisfactory reply? Is he further aware that the Government are not only deliberately forcing up food prices but are also trying to hold down the wages of lower-paid workers? It is not true, as his right hon. Friend implied, that the Government are offering the workers a choice between more wages and a higher level of unemployment. The Government are forcing them to accept both.

I do not accept that string of assertions. The Cost of Living Advisory Committee looked into this in 1968 and found that it simply did not make sense, because of the great variety in the patterns of households, except in the case of the one-person or two-person households.

Does not my hon. Friend agree that one reason for the slight rise in food prices is the tremendous increase in the sale of "convenient" foods? If people want "convenient" foods they will have to pay the correct price for them.

This is a question about food price indices rather than about food prices. Nevertheless, I agree that my hon. Friend has talked a lot of sense.

Does not the fact that the rise in the price of food has been faster since 18th June than it was before, and that food prices are expected to go up 10 per cent. in the next year, reinforce the argument against the Government's selective incomes policy which is being forced upon the public sector, which is already behind the private sector and it is therefore not surprising that we now have the highest level of strikes since 1957, when a Tory Government were last in power?

As I do not accept the hon. Gentleman's premise, I do not accept the arguments which follow from it. As I say, this question is about indices and not about food prices.

INTERNATIONAL MONETARY FUND

asked the Prime Minister whether he had any official meetings with officers of the International Monetary Fund during his recent visit to Washington.

asked the Prime Minister when he will seek to pay a visit to the headquarters of the International Monetary Fund.

I did not meet officers of the International Monetary Fund when I was in Washington, nor do I plan to visit their headquarters.

That is a pity, because no doubt the Prime Minister would have relished being able to tell the officials of the Fund that in 1970 we had a record balance of payments surplus compared with the last time when he was in a position to address them officially.

In the light of our balance of payments surplus and the present reliance on monetary policy, will the Prime Minister consider approaching the officials of the Fund for permission for a temporary flow of sterling to relieve the dilemmas of his present reliance on monetary policy?

No, Sir. These matters are handled by my right hon. Friend the Chancellor of the Exchequer.

When the Prime Minister next visits the International Monetary Fund will he explain why, in his speech of 16th June last year, he said that the balance of payments was heading downhill and that the surplus would melt away in a matter of months—or were those words for domestic consumption only?

No, Sir, because those words were correct. The figures showed it, and they could not be challenged at the time. The trend of those months was a running-down. I am glad now to welcome the fact that the balance of payments on current account last year was strong. I welcome it particularly, as I know does the former Chancellor of the Exchequer, because it enables us to make progress in paying off the enormous debts left to us by the Labour Administration.

Will the Prime Minister confirm that at the moment there is no conflict between the authorities of the I.M.F. and Her Majesty's Government on economic policies?

That is correct. I know of no conflict between the I.M.F. and Her Majesty's Government.

As it is clear from the figures already published that the balance of payments for the second half of 1970 will be even better than for the first half, and that the right hon. Gentleman was therefore clearly wrong in June, does he not now have the self-confidence to admit, without blustering, that he was mistaken on one point at least?

If I had been mistaken in what I said at the time I would tell the right hon. Gentleman so, but he knows perfectly well that he could not prove that it was a mistake.

There is no point in the right hon. Gentleman slumping in his seat and saying, "Really". If he could have proved it at the time he would have done so. If not, he was failing in his duty both to his party and to the electorate.

We have now heard the right hon. Gentleman's idea of his duty to his party and the electorate, namely, to say things that are not true and to hope that they will not be denied. He has now twice said that when he told us what was false about the balance of payments, he was able to do it only because we did not have the figures for the second quarter to prove him wrong. Is he now saying that we did not have the figures then available and he relied on that to prove the deception?

Not in the least. I understood the right hon. Gentleman to be referring to the current account and not to the balance of payments, because he knows perfectly well that the complete balance of payments cannot yet be available.

PARLIAMENTARY QUESTIONS (TRANSFER)

asked the Prime Minister whether he will instruct his Ministers to give reasons to hon. Members when they decide to transfer Questions.

No, Sir, because the reason for transferring Questions is that they have been addressed to the wrong Minister.

Is the Prime Minister aware that he is the worst offender? On his performance this afternoon he is not only transferring Questions but beginning to transfer supplementary answers as well? Does he not think that we should be able to ask Questions without their being transferred? Will he come clean with the House, and get to grips with the realities of the country's problems?

If the hon. Gentleman's hon. Friends ask such inadequate supplementaries they must expect to have Questions transferred. There has been a 57 per cent. increase in Questions to myself, and a 40 per cent. increase in the number of Questions answered, with no increase in my staff to deal with them. If there had been the same 40 per cent. increase in productivity throughout the nation, with the number of staff remaining unchanged, we should not have any problems.

Is the Prime Minister aware that he is on record as telling the House that certain Ministers are designated to answer certain Questions on prices? We can understand why the Prime Minister and the Government are touchy about prices, but does he not agree that it is going too far, almost to the edge of political cowardice, when the Minister of Agriculture, Fisheries and Food refuses point blank to carry out the Prime Minister's instruction to answer my Questions and those of other hon. Members on prices? Will he put a stop to it?

My right hon. Friends have not refused to answer, as the hon. Gentleman knows.

On a point of order. For the purpose of future statistics of Prime Ministerial Questions, may we have your Ruling that Questions begged by the Prime Minister will not be listed as Questions answered by him?

UNITED STATES AND CANADA (PRIME MINISTER'S VISIT)

asked the Prime Minister what discussions he had in his recent talks with President Nixon about international monetary problems.

Following the failure to cut Bank Rate today, are we to take it that the Prime Minister is unwilling to change his solutions to these problems so as to bring down the intolerable level of unemployment, and that, therefore, his priority for unemployment is different from that of the late Iain Macleod?

As the hon. Gentleman knows, the question of future Bank Rate is never discussed in the House.

Whilst I appreciate that the right hon. Gentleman's discussions with President Nixon must be confidential, did he tell President Nixon that his electoral expansionist policy was likely to increase the balance of payments deficit for the United States and put Europe once again in the dilemma of having to accept either dollars or gold? Despite his interest in apartheid and South Africa, will the right hon. Gentleman say that he will not support an increase in the price of gold and devaluation of the dollar?

These are matters one does not discuss in the House of Commons. The hon. Gentleman knows full well that as I do not accept his premise, I did not tell President Nixon that.

DEPARTMENT OF EMPLOYMENT (MINISTERS)

asked the Prime Minister if he will reduce the number of Ministers in the Department of Employment.

Is the Prime Minister aware that all sections of British industry are suffering from the worst wholly-unemployed figures since the end of the Second World War and that a few more Tory Ministers added to the unemployed will not make any appreciable difference? Would he also accept that the pledge which he gave on 16th June, among the many other pledges, to cut unemployment at a stroke has now been added to the long list of broken promises?

My right hon. Friend the Home Secretary told the House while I was in Singapore— and this has been emphasised by my right hon. Friend the Chancellor of the Exchequer— that if a high rate of cost inflation continues, there is bound to be higher unemployment. It is the whole question of inflation that we are tackling at this moment. If the Leader of the Opposition likes to give his support in the country to stopping excessive inflationary wage claims, he and the hon. Gentleman might serve some more useful purpose.

The right hon. Gentleman will not continue to get away with this kind of answer. As I understand it, he is now trying to say that the reason he has broken his pledge on unemployment, in common with all the other pledges, is inflation. Was not that pledge about unemployment, which was also covered by the phrase "at a stroke" since it was all the same sentence, made in the course of a long discourse on inflation, involving a promise to break into the price-wage inflation so that we could cut unemployment? Why has he flown in the face of those clear election pledges?

The right hon. Gentleman knows that throughout the election I emphasised that the basic cause of inflation was the wage explosion which had been released by his right hon. Friend. It was the deliberate abandonment of the right hon. Gentleman's prices and incomes policy as well as his abandonment of the reform of industrial relations which led to that position.

Since two of our Ministers can carry out the work of four Ministers in the Labour Government, does my right hon. Friend not agree that, once the Industrial Relations Bill is through the House, we should not only be able to reduce the number of Ministers in the Department of Employment but also to get rid of the present inflation, reform the strike situation in industry and thus reduce employment?

As the House knows, when I formed this Administration, I greatly reduced the number of Ministrys below that required by the present Leader of the Opposition in the former Administration. Of course, I shall keep the numbers under review in the same way as I shall keep under review the whole organisation and machinery of government.

Was it part of the Prime Minister's anti-wage inflationary policy during the election to endorse the statement of his right hon. Friend the Chancellor of the Exchequer that for the then Government not to pay 30 per cent. to the doctors was wholly unacceptable?

I dealt with that matter fully and I always challenged the Leader of the Opposition, the then Chancellor of the Exchequer and the then Secretary of State for Social Services to say exactly what was the economic situation in which they were deciding the doctor's award. On that they would never come clean, but now we know what it was.

DORSET (PRIME MINISTER'S VISIT)

asked the Prime Minister if he will pay an official visit to Dorset in 1971.

Is the Prime Minister aware of the famous conviction of industrial workers in the County of Dorset for joining a trade union in the first industrial revolution? Is he also aware of the inadequacies of the law in the first half of the nineteenth century to deal with the problems of trade union organisation? Will he not further concede the inadequacies of the present legislation that is going through the House to deal with the problems of the second industrial revolution and will he not withdraw that legislation?

As the hon. Gentleman undoubtedly knows, the Tolpuddle Martyrs were not convicted— [Interruption.] I can understand the hon. Gentleman's embarrassment, because he got the story wrong—under the Combination Acts against forming or joining a trade union. They were convicted under an Act of 1797 against administering an oath by an unlawful society. This was done under Lord Grey's Whig administration, for which I accept no responsibility whatever. They were then in 1836 returned to this country under Lord Melbourne's administration. What would astonish them if they were alive today would be to see the Labour Party and members of the trade unions actively opposing the reform of industrial relations.

THOMAS COOK AND SON

asked the Secretary of State for the Environment in view of his statement that he intends to dispose of the publicly-owned company, Thos. Cook & Son Ltd., what consultations he has had with the Trade Unions concerned and if he will make a statement as to the procedure to be followed and the terms he will require to safeguard the interests of its employees.

I recognise how important this decision is from the point of view of the staff whose interests and welfare will be kept very much in mind both by the Government and the Transport Holding Company. I have already had a preliminary meeting with the General Secretary of the Transport Salaried Staffs' Association at which I assured him that, in the event of sale, the pension rights of the staff would be safeguarded. The unions will be fully consulted at all stages about the detailed arrangements which will now be worked out in conjunction with the Transport Holding Company.

Since the right hon. Gentleman has recognised that this is a matter of considerable importance, may I ask why did he not come to the House yesterday to make a statement instead of sheltering behind a Written Answer? Is he aware that his decision is widely regarded as another act of political spite against the public sector? Is it his ultimate intention to leave the entire public transport complex with only its loss-making activities?

Will he accept a bid for Thomas Cook from another public undertaking such as British Rail or British European Airways? Is he aware that much of Thomas Cook's business is in foreign exchange transactions, and how does he propose to deal with that problem? Finally, is he aware that the staff of Thomas Cook enjoy rather better rates of pay and conditions of service than do staff in the private sector of travel agencies? Will he ensure that when the sale takes place the conditions of service and superannuation arrangements of the staff of Thomas Cook will be fully protected?

I have already dealt with the last part of that question and the answer is "Yes". May I first deal with the point made by the hon. Gentleman about any discourtesy to the House? The answer was given yesterday to a Written Question. I had hoped that it would be to an Oral Question [HON. MEMBERS: "Oh!"] But in fact it turned out to be the third Question asked by the hon. Member concerned and so the answer was allowed to go as a Written Answer. I must explain to the House that the Government were in some dilemma since they had to choose between answering the Question yesterday, or alternatively eating into the time allocated to the Industrial Relations Bill. [HON. MEMBERS: "Excuses."] Perhaps I might be allowed to observe that until this moment I had understood hon. Members opposite to be anxious to win some time for the Industrial Relations Bill. Certainly no discourtesy was intended to the House, and if there is any suggestion of that I unreservedly apologise.

In reply to the hon. Gentleman's point about a public corporation being free to make an offer for this concern, if it has the cash available to do so I imagine it will be free to make an offer, along with any other interested body.

In regard to the point made by the hon. Gentleman about spite against a nationalised concern and the very great venom with which, uncharacteristically, he asked that part of his question, I would only say that until now I had not regarded Thomas Cook and Son as being one of the commanding heights of the economy.

In disposing of this very important business, will my right hon. Friend bear in mind that it has developed very much less of its true potential because of the financing terms imposed upon it by the British Transport Holding Authority, and in particular in respect of the sale of travellers' cheques which in private hands would be a source of very large revenue, had Thomas Cook not been so disallowed?

Yes, Sir. I am obliged to my hon. Friend and will certainly bear in mind what he has said. I have little doubt that under private management this concern should be able considerably to improve its earning record.

Does not the right hon. Gentleman realise that he is compounding this scandalous decision by the sheer hypocrisy of the way in which yesterday he tried to shield behind a Written Answer—hypocrisy which is uncharacteristic of the right hon. Gentleman? In regard to whether this great undertaking can be acquired by another publicly-owned industry if such an industry wants to make a bid, does it not come before the right hon. Gentleman to approve as a piece of capital investment? Will he not refuse that in turn?

I am interested to hear the right hon. Gentleman, who usually speaks with such moderation, straying into hyperbole which betrays the weakness of his case. I have absolutely nothing to add to the answer I gave to his hon. Friend just now, namely, that if a public corporation has the resources available to make a bid, I am sure it is free to do so.

Could it be made clear to any purchaser of Thomas Cook that it should not expect to have the monopoly of travel facilities within the Palace of Westminster? Will he give an undertaking that in future this franchise will be put out to tender to the whole travel business?

It depends on the contents.

As I was saying in reply to my hon. Friend, the question of the franchise of serving this House will no doubt receive the energetic consideration of the Services Committee.

Since the right hon. Gentleman does not regard Thomas Cook as a commanding height of the economy, may we take it that he regards it as a nice morsel of loot?

My answer to that is quite clear—no. Whoever acquires Thomas Cook will have to pay a very steep price.

Is my right hon. Friend aware that his decision will be widely welcomed? Is it not clear to anybody who takes the trouble to look at the balance sheets of Thomas Cook that the return on assets employed is very poor and is falling? Is it not therefore very much in the interests of the taxpayer that it should be sold at a fair price and the proceeds used in a more useful manner?

Is the right hon. Gentleman aware that he has always been held in such respect in this House for his polished performances that we are disappointed that he should try to emulate his Leader in the level of his remarks?

Is the right hon. Gentleman trying to tell the House that he does not know that if one hon. Member has three Questions on the Order Paper the third is not reached? Is the right hon. Gentleman not aware of the abundant precedent for asking leave to answer an Oral Question and even, appropriately, a Written Question?

Will the right hon. Gentleman now answer another question put by my hon. Friend in his opening supplementary—namely, whether another public company can bid for Thomas Cook? The right hon. Gentleman said "If they have the cash". Will he therefore allow any other publicly-owned organisation to borrow in the City, exactly as the private buyer will be able to do, to buy the assets of Thomas Cook? Finally, will the right hon. Gentleman give an undertaking — [Interruption.] —that Thomas Cook, which is widely respected and is responsible for the safety of so many hon. Members flying abroad, and their welfare— [Interruption.] —yes, literally—will not be sold to one of the crook organisations in the tourist travel industry which are not too squeamish about the safety of their customers——

On a point of order. I distinctly heard the Leader of the Opposition refer to "crook organisations". As all travel agencies are properly conducted— [HON. MEMBERS: "Nonsense."]—in accordance with legal and statutory requirements, may I ask you, Mr. Speaker, to rule now that the term "crook organisations", directed against people outside this House, is an unparliamentary expression unworthy of the right hon. Gentleman which ought, in common decency, to be unreservedly withdrawn?

Further to that point of order. Is it not true, Mr. Speaker— [HON. MEMBERS: "NO."]—I shall wait; do not worry. Is it not true that Sir Thomas Cook—[HON. MEMBERS: "Sir Thomas!"]—and Son has in no way contributed to the many thousands of holidaymakers who have been filched by the crooks to whom my right hon. Friend referred?

Further to that point of order raised by the hon. Member for Worcester——

—would it not be quite simple, as a matter of public record, to list those companies against which actions have been successfully brought?

Further to that point of order. Are you aware, Mr. Speaker, that the Secretary of State for Trade and Industry has, within the last month, agreed to take action against a travel agency about 50 yards from this House—the Westminster Touring Association—and that the remarks of my right hon. Friend are fully justified?

Order. I am grateful for all this assistance, but I was prepared to rule straight away. I think that there is a convention in this House that remarks made in the general are permissible.

I also thank hon. Members for their help. Perhaps I might finish the sentence. I referred to crook organisations, of which I have, through members of my family, personal knowledge, and the fleecing of a lot of— [Interruption.] If hon. Gentlemen want to justify an organisation, not a hundred yards from where I am speaking, which fleeced vicar after vicar and parishioners throughout the country going to Oberammergau this year and demanded more money on the eve of going—this includes my sister, who was fleeced, too, if hon. Gentlemen are interested—will they get up and justify it? I am asking whether the right hon. Gentleman, whose standards I know to be higher than those who have just interrupted, will give an assurance not to sell Thomas Cook to firms of that kind?

Yes, Sir. Of course, I give that assurance. I am surprised that it should even be necessary to ask for it.

Perhaps I might comment on the point of order raised by the hon. Member for Jarrow (Mr. Fernyhough)——

Mr. Kaufman rose ——

Order. I really do not think that it is for the right hon. Gentleman to answer a point of order.

It was never my intention to do so, Mr. Speaker. The hon. Gentleman got his knighthoods a bit mixed. He was talking about Sir Thomas Cook rather than Sir Henry Lunn. I do not think that Mr. Thomas Cook was ever knighted.

The right hon. Gentleman returned to the point on why I had not made a statement yesterday. Let me say—and I have the permission of my right hon. Friend the Leader of the House to say this—that I expressed to my right hon. Friend yesterday my very great disappointment at not being able to make this statement, because I anticipated, with some pleasure, exactly the reaction which we have now experienced.

The right hon. Gentleman has again——

On a point of order, Mr. Speaker. May I seek your guidance, in view of what has been said, and ask whether it would be in order and possible to reverse the process of transferring Questions and get an answer to what has been asked from the right hon. Gentleman the Prime Minister, who his right hon. Friend has said is responsible for his not making a statement yesterday?

The hon. Gentleman misunderstood, or misheard, or both, what I said. I referred to my right hon. Friend the Leader of the House. I have no doubt that if the hon. Gentleman seizes the opportunity later my right hon. Friend will enjoy answering him just as much as I am enjoying myself now— [Interruption.] — My own recollection of the way to get an answer from the right hon. Gentleman was to ask a very short question, and even then one was not always successful. The right hon. Gentleman has asked me a long question, and I am endeavouring to answer it.

The right hon. Gentleman referred to Thomas Cook's responsibility for the safety of right hon. and hon. Members. I have no doubt that whoever has the task in future of looking after right hon. and hon. Members will be just as careful for their safety as have Cook's in the past.

I have already told the right hon. Gentleman that it was quite unnecessary for him to drag out of the gutter some dubious organisation and suggest that there was any possibility of the sale of this well-known and well-established firm to such an organisation as that.

The right hon. Gentleman suggested that I was in some way emulating, or seeking to emulate, my right hon. Friend the Prime Minister. My only comment on that is that I should be much more anxious to do that than some of the right hon. Gentleman's right hon. and hon. Friends would be to emulate him.

BUSINESS OF THE HOUSE

May I ask the Leader of the House to state the business for next week?

The Lord President of the Council and Leader of the House of Commons
(Mr. William Whitelaw)

Yes, Sir. The business for next week will be as follows:

MONDAY, 1ST FEBRUARY and TUESDAY, 2ND FEBRUARY. Industrial Relations Bill: Committee stage (3rd and 4th allotted days).

WEDNESDAY, 3RD FEBRUARY. Debate on a Motion to take note of the Report from the Select Committee on Scottish Affairs, 1969–70, relating to economic planning in Scotland.

Second Reading of the Vehicles (Excise) Bill [Lords] and of the Hydrocarbon Oil (Customs and Excise) Bill [Lords], which are consolidation Measures.

Motion on the Functions of Traffic Wardens (Scotland) Order.

THURSDAY, 4TH FEBRUARY. Supply (10th allotted day): There will be a debate on an Opposition Motion relating to pensions.

Remaining stages of the Vehicles (Excise) Bill [Lords] and of the Hydrocarbon Oil (Customs and Excise) Bill [Lords].

Motion on the Anti-Dumping Duty (No. 5) Order.

Motion to implement the recommendations of the Select Committee on Standing Orders (Revision).

FRIDAY, 5TH FEBRUARY. Private Members' Bills.

MONDAY, 8TH FEBRUARY. Until Seven o'clock, consideration of Private Members' Motions. Afterwards, Second Reading of the Rating Bill.

Can the right hon. Gentleman say when the Government expect to publish the White Paper on arms for South Africa? Is he aware that when it is published we shall expect him to provide Government time at the earliest opportunity for a debate on this important issue?

Second, is the right hon. Gentleman aware that although we accept the contrite reply of the Minister for Transport Industries about making an important satement in a Written Answer, there is a feeling, probably on both sides of the House, that this is not the proper way to make such announcements? For example, last week an important decision, from a constituency point of view, about pubs in Carlisle and the Border country and elsewhere was given in a Written Answer, instead of being done decently and straightforwardly across the Floor of the House. Will the right hon. Gentleman give the House an assurance that he will do his best to look into this question?

I do not want to press him more on it this afternoon, but will he provide time for a debate on the Carlisle situation, ahead of the necessary legislation? I ask that because I do not think that this was a very big election issue for right hon. Gentlemen opposite, and I am sure that hon. Gentlemen on the back benches opposite would like to get out of the allegation that they are selling off State assets for their friends, and that they did not come here just for the beer.

On the first point, I understand that the White Paper will be published next week—I hope early next week. I think that it would be right for the House to study the terms of the White Paper before deciding about a debate, but I note what the right hon. Gentleman has said.

On the point about announcing decisions in statements at the end of Question Time, I should like to say at once that I take absolutely full responsibility — [Interruption.] —if the hon. Gentleman does not want me to take responsibility, he does not have to. I am trying to be fair to my right hon. Friend, which I think is honest and is due to him and to the House. As it was I who prevented my right hon. Friend from making a statement yesterday, I think that I am right to stand up before the House and explain myself, and that is what I am doing.

I should like to explain exactly what I mean, and what my purpose is when I make a decision about statements. I am in the hands of the House, and if the House wants things done differently, so be it. When I see that a statement has to be made, a decision has to be taken whether it would be right to take up the time of the House for that statement, and thereby cut down the time available for the rest of the business of the House. That decision has to be made about every statement, and all Leaders of the House from time immemorial have had to take such a decision.

I take the view that if a decision is soon to be followed by legislation, when there will be time during the consideration of the legislation to discuss the matter fully in the House, it is probably right not to have a statement. If I am wrong, I am prepared to consider what should be done in future, but it is a practice which has been followed by my predecessors. I hope hon. Members will realise that if the present practice is changed it will cut into the time available for other business.

The Carlisle State Management Scheme will shortly be the subject of legislation, and I think that there will be plenty of time to debate it within the legislation.

On a point of order, Mr. Speaker. I seek your guidance, and I am sorry that I have to raise this point of order, but the fact that I am raising it will, I think, illustrate the point that I shall try to make in seeking your guidance.

On your election as Speaker you said that you would preserve the rights of back benchers in this illustrious House of Commons. I am about to go to the Committee considering the Coal Industry Bill——

—and I want to put a question to the Leader of the House because my rights as a back bencher are to some extent being frustrated by the way in which the Government are running the business of the House.

The Committee stage of the Industrial Relations Bill is being taken on the Floor of the House this afternoon. As a former trade unionist, and now as a miners' Member of Parliament with an active interest in the Bill, I have a duty to represent my constituents who have expressed some strong views about this matter, but because of the way in which the business of the House has been organised I must attend the Committee upstairs on the Coal Industry Bill, which meets not only in the morning, but in the afternoon, and thus I am prevented from taking part in debates in the House. I would seek your guidance, because I must leave the House shortly to join the Standing Committee on the Coal Industry Bill. Therefore, I rely on the promise which you gave to preserve the rights of back benchers when participating in the business of the House.

The hon. Member began by saying that, by seeking my guidance, he would make a point. He has made the point, but it is not one for the Chair. It is one for those who control the business of the House, which the Chair does not do. The Chair tries to preserve certain rules of order, but the contents of the business is not a matter for the Chair. However, I have no doubt that the hon. Gentleman has made his point.

Will my right hon. Friend note that, by 3.15 today, we had only reached Question No. 17 on the Order Paper, and bear in mind the possibility either of having a system whereby Members who hand in Questions at the Table Office have those Questions marked with the time at which they are handed in, and the Question would then appear on the Order Paper in direct relevance to the time that it was handed in, instead of at a printer's whim, or of having an hour for Questions from 2.30, or of bearing in mind the evidence given on this point to the Select Committee on Procedure?

Mr. Whitelaw rose ——

On a point of order. You gave a Ruling, Mr. Speaker, which hon. Members accept and which I certainly accept, but after you had given that Ruling, it was a great discourtesy to the House that the Leader of the House should remain seated and not try to help the House in the difficulties which it is in because of his ineptitude.

That is not a point of order. It may be that the hon. Gentleman would have got an answer from the Leader of the House if he had put his question to him and not to me.

In answer to my hon. Friend the Member for Birmingham, Edgbaston (Mrs. Knight), I will look into the point which she has made.

In answer to the point of the hon. Member for Midlothian (Mr. Eadie), which he raised fairly in a point of order with you, Mr. Speaker, I understood that it was not correct for me to reply to a point of order addressed to you. However, as he wishes an answer from me, I am only too pleased to give it. That is, I appreciate the difficulty in which he has been placed. I am afraid that this is nothing new. It has happened with all Governments over a long period. I shall do my best to ensure that it happens as little as possible.

Will the right hon. Gentleman give time as early as possible next week for a full debate on the recently publicised disturbing increase in the number of wage earners in full-time work earning less than the supplementary benefit poverty level? I am sure that he will appreciate that this is a matter of the greatest public importance and one which is urgent, because the Government's present economic policy of de-escalating what they choose to regard as inflationary wage claims is concentrated exclusively on the public sector, when, as is well known——

Order. The hon. Gentleman must not develop the kind of points which he would make if time were found for a debate.

I note what the hon. Member for Oldham, West (Mr. Meacher) says. Of course, he raises subjects of considerable importance. There are a number of opportunities when these can be raised in the House. I could not give special time for a debate on them, however, in the near future.

Arising out of the very important point about Question Time raised by my hon. Friend the Member for Birmingham, Edgbaston (Mrs. Knight), will my right hon. Friend give some thought to having a debate as soon as possible on the recommendation of the Select Committee on Procedure dealing with Question Time, in the last Session?

As I have promised the House before, I hope shortly to put a proposal before the House arising from that Select Committee's Report and to ask the House to come to its own conclusions on it, as I believe that this is essentially a House of Commons matter.

May we revert for a moment to the question of Thomas Cook and the disposal of other national assets? Will the right hon. Gentleman consider the possibility of allowing a debate on the issue of the disposal of national assets, which appears to be the policy of the Government, particularly in view of its impact upon the integrity of hon. Members, because very often those assets will be disposed of to persons with whom Ministers of the Crown have had personal and business relations? This House has been, over the centuries, renowned for its incorruptibility——

Mr. Speaker, may I ask the Leader of the House whether, in the interests of the House alone, he will give us time to have a debate on this issue?

I know that the hon. Gentleman is certainly not intending in any way to cast any doubts on the integrity of myself or any of my right hon. and hon. Friends in the Government. At the same time, I could not undertake for a specific debate on this subject. There are ample opportunities for it if any proposals such as that affecting Thomas Cook are made. if there comes a chance for a debate later on, of course—but I cannot promise one in the near future.

Has my right hon. Friend seen the Motions in my name proposing a new policy to help the North-East?

[That, in the opinion of this House, in view of the close analysis of the economic and industrial needs of the North-East, which appeared in recent copies of The Times, it would be in the interest of the future of the North-East if a high-ranking industrialist with outstanding qualifications was appointed to examine the economic implications of the assessment in The Times, and make recommendations to the Government to meet the problems which require immediate attention.]

[That this House is of opinion that the findings of a high-ranking industrialist on the economic requirements of the North-East,should be presented to the Prime Minister, who would arrange for consideration and immediate action by each appropriate Secretary of State; and is further of the opinion that the recent welcome offer of the Secretary of State for the Environment to speak in Cabinet for the North-East would ensure support for soundly based financial action for the economic and social needs of the area, coupled with the finance to implement plans necessary for the proper development of the Region.]

[That, in the opinion of this House, the recommendations of a high-ranking industrialist would be of greater value to the North-East Region than a Minister, and would command support from the business community as well as from trades unions and the public, and, further, that recommendations are necessary for the proper planning of roads, and the future of shipbuilding, having regard to the increase in steel prices, training of skilled men, the advisability or not of the phasing out of the regional employment premium, the changeover from industrial development grants to allowances, the case for the removal of selective employment tax and social development in excess of announced programmes, etc., etc.]

If he cannot arrange for a debate next week, would he speak in our favour in the Cabinet when the matter comes to be discussed?

I note the very important Motions put down by my hon Friend, and the Government's policies and plans for the North-East are being carefully considered. As for what I do or do not do in the Cabinet, it would not be proper for me to say.

Will the right hon. Gentleman, in view of the unhappy business this week, re-examine the proposal of the Select Committee on Procedure a few years ago that we should abolish the Parliamentary Session as it is now known, with a view to carrying over contentious legislation into the next Session, rather than inflicting a guillotine in the thoroughly unmerited way which has upset hon. Members in all parts of the House this week?

I note what the right hon. Gentleman says, and I will certainly consider that Report, of course without any commitment. Perhaps my only comment—I do not wish to rake over the past particularly—is this: I was glad that I was able to respond to the Opposition over the time for the Report stage on the Industrial Relations Bill. It is perhaps interesting to note that now, on that Bill, the new time for Report and Third Reading is, I think, the longest time for any Report and Third Reading of any Bill for which I have been able to find precedent in the history of Parliament. There may be one longer—I am looking into it —but it is certainly the longest that can be found for a very long time.

My right hon. Friend will recall a Motion on the Order Paper recently about a request for a debate on the Littlewood Report.

[That this House draws the attention of the Secretary of State for the Home Department to the fact that the Littlewood Committee Report, Experiments on Living Animals, Command Paper No. 2641, which was published in April, 1965 has not yet been discussed by This House; and, in view of the public concern at the increasing number of animals subjected to vivisection, calls upon Her Majesty's Government to afford time for an early debate.]

He said that he would look into it. In view of the growing concern about vivisection, will he now say whether there is any opportunity or possibility of a debate in the reasonably near future?

I know the importance of the subject which my hon. Friend raises and I also appreciate his close personal interest in the matter, but I am afraid that I cannot offer Government time in the near future. Of course, this is eminently a subject for a Private Member's Motion. or it can be raised in other ways. If I could find Government time, I should be very pleased to do so, but I cannot see an opportunity in the near future.

In view of the interesting speech which the right hon. Gentleman himself made last week about the Press and the Official Secrets Acts, would he not perhaps think that it is timely, in view of the state of the Press at the moment, that we should have a debate both on the Official Secrets Acts and on the state of the Press as early as possible?

I am grateful for the hon. Gentleman's calling attention to a speech which I made; very few people notice anything I do. But I could not find time in the near future for such a debate. That has made my position clear. I naturally appreciate the importance of the subject which he has raised. Equally, I understand that it is to some extent, in one aspect, sub judice in a case at the moment. Nevertheless, the importance of it in future I fully recognise.

May I draw my right hon. Friend's attention to Motion No. 53 calling for an independent inquiry into the working of the Abortion Act, which has been signed by myself and 260 Members from both sides of the House?

[That this House calls upon the Secretary of State for Social Services to set up immediately an independent inquiry into the working of the Abortion Act which has been in operation for over two years and which has caused widespread public concern and considers that any such inquiry should assess the effects of the Act on the health of the nation a, well as on its legal, social and moral life and should recommend any changes in the law which are in the public interest.]

Could he see whether we can have a debate on this Motion, which has been on the Order Paper for six months, or will he at least draw it to the attention of his right hon. Friend the Secretary of State for Social Services?

I certainly undertake to draw the attention of my right hon. Friend the Secretary of State for Social Services to the Motion, but I am afraid that I am unable to find time for it to be debated in the near future.

Despite his difficulties, when does the right hon. Gentleman expect to find time to debate an important House of Commons matter; namely, the Report of the Committee of Privileges concerning the imprisonment of hon. Members?

When he eventually finds time for such a debate, will he draw the necessary Motion sufficiently wide, first to cover the matters raised at the time and the matters with which the Committee did not deal; secondly, to cover the imprisonment of an hon. Member of this House at the present time, both in regard to the nature of the offence and the sentence; and, thirdly, the point raised in a recent Adjournment debate by the hon. Member for Belfast, West (Mr. Fitt), in which he indicated that he had been refused access to his constituency by the British Army?

As the second and third points are not only important but continuing, and are not matters relating to the past, may I appeal to the right hon. Gentleman to accept that the House should discuss these issues at the earliest opportunity?

I recognise the importance of the matter and of the Report of the Select Committee of Privileges which, as the hon. Gentleman knows, was about the general principle and not about any particular case. While recognising the importance of the subject, I am unable to find Government time for it to be debated next week.

In view of the serious financial problems which some of our national and provincial orchestras are facing, coupled with the impending policy of museum charges, may I ask my right hon. Friend to find time for the House to debate the arts and amenities?

I note the importance of the subject and I am sure that there will be opportunities for it to be debated. However, I cannot offer Government time in the near future.

Why has there been a delay in setting up the Select Committee on Scottish Affairs? Will it be set up next week?

I cannot promise exactly when it will be set up. I have responded to the first of the hon. Gentleman's requests by saying that there will be a debate on the last Report. That will happen, as I promised it would. I said that such a debate would take place early in the year. I cannot give any further information on the matter today.

Is my right hon. Friend aware of several Motions which have been tabled on the subject of the siting of the third London airport? Now that the Roskill Commission's Report has been published in full, may I ask my right hon. Friend when we will debate this vital and crucial subject? When such a debate is arranged, will he make the maximum amount of time available in view of the immense importance which many hon. Members attach to this issue and in view of the large number of hon. Members who will wish to speak?

My hon. Friend will appreciate that I have already undertaken that Government time will be provided for a debate on the question of the siting of the third London airport before any decision is reached by the Government.

In view of the declared policy of Her Majesty's Government to sell off to speculators the profitable portions of the national assets in the nationalised industries and the bonanza that is likely to be created by that process, may I ask the right hon. Gentleman for an assurance that if and when the Government decide to dispose of the Crown jewels, we will be more suitably informed and given better notice?

I do not in the least accept the hon. Gentleman's premise as to what is the policy of Her Majesty's Government; and therefore what he said following that does not arise.

May I ask the right hon. Gentleman to be rather more specific about his answer to my hon. Friend the Member for Gloucestershire, West (Mr. Loughlin) on the question of Thomas Cook? I did not understand whether or not the Leader of the House was giving an undertaking not to take any action in this case by selling all the assets, or by inviting tenders for their sale, until the House had had a chance to debate the matter. Does he appreciate that this is, in a sense, different from the Carlisle case because he can at least claim that legislation is coming?

Next, will the right hon. Gentleman ensure that we have a clear Government statement—and, if necessary, a debate; let us have the statement first—about the Government's attitude to apartheid in sport? Has his attention been drawn to the Motion No. 245 standing in the names of many hon. Members on this subject? Is he aware that this matter is causing great concern in the House and the country in that the point was not answered in the House when it came up the other day? On that occasion it was totally ducked and no attempt was made to answer it—to the point where many hon. Members wondered whether there was something going on about which we should be told. Will he ensure that a clear statement is made next week by a responsible Government Minister? If the Minister responsible for sport cannot do it, will the right hon. Gentleman arrange for somebody else to make the statement?

[That this House, noting the ambivalent statement of the Minister responsible for sport on Wednesday, 27th January at Question Time, concludes that the Government is considering a major change of policy, involving issues of apartheid, in order to enable British sports teams to take part in South African sports events at the expense of the British taxpayer; and deplores any such change of policy, which cannot be in the long-term interests of British sportsmen and of international sport.]

The answer to the first part of the right hon. Gentleman's question is that I understood his hon. Friend the Member for Gloucestershire, West (Mr. Loughlin) to be raising a rather wider point, which was the whole question of assets in general and whether Ministers were involved. I did not understand him to be referring directly to Thomas Cook. I think it right for me to say at this stage that I will immediately investigate what the right hon. Gentleman has said and have discussions with my right hon. Friend who is concerned with this matter. I certainly note the important point which he made.

I come to the second part, about the need for a statement. I have seen the Motion about apartheid in sport. For my part, I had no knowledge of any change in the existing position on this subject. If there has been any change, then of course there will be a statement. However, I do not quite see the need for a statement if there has been absolutely no change in the present position, which I understand to be the case. Nevertheless, I will look into the matter and refer the question to my right hon. Friend the Secretary of State for the Environment.

I am obliged to the right hon. Gentleman for his last answer, which was more specific than the one that was given by his Ministerial colleague. If he is now saying what his colleague refused to say, and which caused the suspicions to which I referred—if he is saying that no taxpayers' money will be used for the purpose of sending British sportsmen and sportswomen abroad to take part in racially segregated sport—and if he, having gone into these matters, has satisfied himself that there has been no change in the position, then we are grateful to him and must invite him to take over his right hon. Friend's portfolio because we like straight answers.

Perhaps I have let myself into a certain danger by the straightness of my answer. I will certainly look into the facts because the right hon. Gentleman has now specifically raised the question of grants. I think the right position for me to take is to look into the subject, and if there has been any change in the policy on the lines put forward by the right hon. Gentleman, then of course my right hon. Friend will make a statement. I will investigate the position, naturally without commitment at this stage.

Will my right hon. Friend take an early opportunity next week to have what could be a dangerous inaccuracy put right? The hon. and learned Member for Northampton (Mr. Paget) has spoken of "loot" and it has been said in reply by my right hon. Friend the Minister for Transport Industries that extortionately high prices will be asked for Thomas Cook's assets. This, with other questions asked by the Leader of the Opposition and other hon. Gentlemen opposite on this subject, may have given the wrong impression of it being a bonanza.

If the return on capital is taken into account, none of the suggestions made by hon. Gentlemen opposite fit the facts. Will my right hon. Friend ensure the removal of this wrong impression so as not to allow it to interfere with the correct disposal of these assets, if their disposal fits in with Government policy?

Perhaps I have already strayed far enough into matters of policy in answering questions today. I do not think I will be able to find time for a specific debate on this issue next week. There will, no doubt, be opportunities for this matter to be raised; and, for my part, I think there is nothing in what is being done for one to draw some of the conclusions that have been stated in the House.

Several Hon. Members rose ——

Order. The Chair is in some difficulty, as often happens at this time. I have already permitted business questions to continue for 25 minutes. I will allow them to continue for a further five minutes, though I ask hon. Members to be brief in putting their questions and to try to avoid asking questions which have already been asked.

Has the Leader of the House noticed Motion No. 246, which has been signed by over 130 hon. Members on both sides of the House, relating to the arrest of the Dean of Johannesburg?

[That this House deplores the arrest of a British subject—namely the Dean of Johannesburg—by the South African Government on what are apparently political charges; and urges Her Majesty's Government to press for his immediate release on his trial on a charge universally recognised as criminal.]

As the Dean was arrested under the Terrorism Act, which denies fundamental human rights, and charged under the Suppression of Communism Act, which for vagueness is equalled only by the criminal statutes in the Soviet Union, may I ask the right hon. Gentleman to have a debate on this matter next week so that we may consider the Dean's present situation?

I have certainly noted the very important Motion to which the hon. Gentleman refers and which has been signed by hon. Members in all parts of the House. Hon. Members will have noted from reports in the Press—and I understand this to be the case—that the Dean has now been released on bail. In these circumstances, I do not think it will be possible to have a debate next week, but I undertake to make sure that my right hon. Friend the Foreign Secretary is made well aware of the feelings of the House on this subject, and I know that he will wish to keep the House fully informed about it.

Reverting to the question of the Roskill Commission's Report, may I ask my right hon. Friend to be a little more explicit? Is he aware that there is not only widespread interest in the subject in constitencies like mine but also deep anxiety? Will he undertake to look into the possibility of a debate taking place in the House, and not in another place—their Lordships do not represent anybody—in the early part of February?

I cannot be more specific than I have been in the past on this subject. I appreciate the anxieties to which my hon. Friend very properly refers on behalf of his constituents and others. I understand that there will be a debate in another place. I cannot say exactly when the debate in this House will be, but I give an absolute undertaking that it will be before the Government reach any decision.

In view of the disappointing reply to a recent Adjournment debate on the Chronically Sick and Disabled Persons Act, can we have an early debate on Early Day Motion No. 222, dealing with the subject?

[That this House call for the immediate implementation of the Chronically Sick and Disabled Persons Act and urges the Government to take vigorous action to ensure that every eligible person receives their entitlements under the Act.]

I did not know that there was a disappointing reply. I am sure that it cannot really have been so. However, I note what the hon. Gentleman says. I shall see that the important question which he raises and in which he has so much interest is brought to the attention of my right hon. and hon. Friends concerned. I could not undertake to make time available for a debate in the near future.

My right hon. Friend will be aware that the Second Reading of the Hare Coursing Bill was not reached last Friday. Will he now reconsider the possibility of providing time for this important and merciful Measure which has considerable support on both sides of the House and tremendous support in the country?

I note what my hon. Friend says. It is fair to point out that there is considerable time in the House for private Members' legislation and for Government legislation. It has always been my belief that it was right to keep them separate and that, as far as possible, Private Members' Bills should be taken in the time allotted to private Members' legislation. I do not rule out the possibility, in exceptional circumstances, that some Private Member's Bill will be given time if it is widely wanted in the House. However, in principle it is right to leave private Members' legislation to private Members' time. That is a proposition to which I hope to adhere.

Does the Leader of the House appreciate that there is considerable disappointment on this side of the House, and not a little surprise, that when his hon. Friend the Member for Tynemouth (Dame Irene Ward) referred to the three Early Day Motions in her name, she did not ask the right hon. Gentleman to provide time for a debate on them? In view of the continuing escalation in unemployment figures in the Northern Region and the deep disappointment in the region about the continuing absence of a coherent regional policy, will the right hon. Gentleman please ensure that time is given for an early debate on a matter which is of serious concern in the North?

I appreciate the importance of the subject and the feelings in the area, because obviously I have considerable firsthand knowledge of them. I do not accept all the hon. Gentleman's premises, and I am afraid that I could not arrange for a debate in Government time. There are other opportunities, of course, for raising the subject.

Several Hon. Members rose ——

MINISTERIAL AND PRESS STATEMENTS

On a point of order, Mr. Speaker. I wish to raise with you a matter which I was hoping to put to the Leader of the House in a business question. However, I think that it is a point that you might consider, because it concerns a vital matter affecting all Members of this House. I think that it is within your province to deal with the matter that I am about to raise, since the Leader of the House, while promising to deal with it and no doubt doing his best, has not dealt with it.

My point concerns the way in which Ministers and Ministerial Departments are taking away the rights of Members of this House. Almost every day one reads obviously inspired Press leaks about various proposals of the Government. Almost invariably, the leaks are on matters giving a build-up for the Government on what they consider to be good political subjects. I could quote dozens of instances. However, I will confine myself to today's examples.

In the Press today there are three statements. The first is to the effect that action will be taken to prevent strikers making claims for income tax rebate, which is their right. The second says that action will be taken to cut out welfare benefits to strikers. These are two popular subjects in the country at present. The third statement says that there will be a White Paper issued in the near future on cuts in Government expenditure. In the latter instance, there are even details about the sums involved—and the information in this case was given not to Britishers but to the American Chamber of Commerce.

What normally happens is that Questions on these subjects are put down to the Ministers concerned, they make statements, the time of the House is taken up, and many hon. Members are precluded from raising points and discussing issues which have already been given full publicity by the Departments of the Ministers concerned. That is fairly obvious, otherwise the Press could not get the information.

Today we have seen another example. It has resulted in a Private Notice Question which, as you have pointed out, has occupied 25 minutes of our time. Yet even before the prepared answer was given in this House, full details of the Government's proposals had appeared in the Press a week ago.

If I want to ask a Private Notice Question on a matter which requires immediate attention and which is not likely to be dealt with, I am refused an answer, whereas Private Notice Questions are answered on matters about which the Government have already given statements to the Press. This happens every day of the week.

I suggest to the Leader of the House that he should see to it that Ministers and Ministerial Departments cease this practice and realise that statements should be given to this House first, as the right hon. Gentleman has promised, and that he should tell his right hon. Friend the Chancellor of the Exchequer that, if he has a statement to make about cuts in Government expenditure, he should come here to do it. Failing that, Mr. Speaker, I ask you to take action in order to protect the rights of hon. Members.

Further to that point of order. The Minister of Agriculture recently made a statement about a change of policy. Prior to his statement in the House, there were Press leaks, and the right hon. Gentleman undertook to investigate whether they had come from anyone in his Department. In a Written Answer yesterday, the right hon. Gentleman said that he had undertaken the enquiry that he offered to make and that he was satisfied that no member of the staff of his Department was responsible for the leak and what had happened was that consultations had to take place with organisations outside the House during the weeks prior to his statement, over which he had no control.

I suggest that it is remarkable that no leak ever occurs in a single newspaper. It always appears in more than one of our national papers. When it happens, it is recognised by every hon. Member that it is a Departmentally-inspired leak.

It is not good enough for the Minister of Agriculture to lie back on his staff and say that he is satisfied that no member of his staff was responsible. If a member of his staff was responsible for leaking this information on the basis of an instruction from the right hon. Gentleman or one of his junior Ministers, the Minister himself must bear responsibility and act accordingly in this House.

Order. If the hon. Member's further points relate in any way to what have been described as leaks inspired by Ministerial action, I cannot accept them. They are not matters for the Chair. The House makes its own rules and, if it is the wish of the House that hon. Members should be able to put to the Chair complaints about actions by Ministers or Ministerial Departments, the rules of order must be changed. Under the present rules of order, such complaints to the Chair are not permissible. They are not matters for the Chair.

The hon. Member for West Ham, North (Mr. Arthur Lewis) was kind enough to give me notice that he would seek to raise the point about my acceptance of Private Notice Questions. That again is a matter on which there can be no point of order. It is a matter for the Chair. It is not an easy decision. What happened today showed, I think, that my selection of the Question was justified. Clearly it was a subject in which the House was interested. This is a matter for the Chair, and the Chair will continue to do its best, bearing in mind what the hon. Member has said.

I am very much obliged to you, Mr. Speaker, for your remarks. My criticism was in no way directed against the Chair. I appreciate the Chair's difficulties. What I was trying to explain, and what I think, with respect, is within the prerogative of the Chair is this. I know that you have sole right to decide whether either a Private Notice Question is asked or a Ministerial statement is made, because your permission is sought.

Order. Let me correct that at once. I have no power to prevent as many Ministers making statements as want to make them.

Then now you go further on this, Mr. Speaker. What I am trying to say is that if the Government issue Press statement—and that is what they are doing—to build up a good Press report. and then make statements on the very thing they have published, they are then abusing the rights of hon. Members I ask you, therefore, to stop the Government abusing those rights

Further to that point of order. It may help the House to get on if I give an answer at this stage. As all right hon. and hon. Gentlemen who have been in government know, Governments frequently find that, much against their will and much as they dislike it, information gets out before they want it to. This has happened over the years to all Governments. I dislike it as much as anyone, and perhaps because I am Leader of the House more than anyone. No one is more anxious than I am to ensure that the House gets the information first, and I shall do everything I can to that end. It is a problem that all Governments have faced. I realise how difficult it is and how much it annoys the House. I shall certainly do my best to stop it.

On a point of order. Mr. Speaker. What defence have I when the Minister of Agriculture, Fisheries and Food sincerely but shamelessly admits to a leak by his Department and then does nothing more about it? I appeal to the Leader of the House to discipline his Minister.

The hon. Gentleman cannot expect me to discipline anybody. That is well beyond my powers, as I very quickly learned. All that I can say is that I shall do my absolute best to make sure that these things do not occur. They do happen. They happen with all Governments, and it is a difficult problem.

INDUSTRIAL RELATIONS BILL

[SECOND ALLOTTED DAY]

Considered in Committee [Progress, 27th January].

[Sir ROBERT GRANT-FERRIS in the Chair]

Clause 5

RIGHTS OF WORKERS IN RESPECT OF TRADE UNION MEMBERSHIP AND ACTIVITIES

Amendment proposed : No. 443, in page 3, line 39, at end insert: 'but this right shall not be exercisable in any employment or occupation where the average length of the employment is less than two years in duration'.—[ Mr. Prescott. ]

Question put, That the Amendment be made: —

The Committee divided: Ayes 266, Noes 300.

4.45 p.m.

The next Amendment is No. 417—in page 4, line 1, leave out from ' union' to end of line 5, standing m the name of the right hon. Lady the Member for Blackburn (Mrs. Castle). With it, I suggest that we consider Amendment No. 421, in page 4, line 1, after 'union', insert: 'and any other activities which derive from his trade union membership'. and Amendment No. 498, in page 4, line 5, at end insert: 'which is designated in and subject to the rules of the union'. both of which are also in the right hon. Lady's name. Mr. Harold Walker.

I beg to move Amendment No. 501, in page 4, line 6, leave out from 'be' to the end of line 21 and insert: 'an implied term of every contract of employment that neither the employer nor any person acting on the employer's behalf shall do anything for the purpose of— ( a ) preventing or deterring the employee from being or becoming a member of a trade union or penalising him by reason of his being or becoming such a member, or ( b ) requiring or compelling him to be or become a member of an organisation of employees which is not a trade union within the meaning of this section or penalising him by reason of his not being or becoming such a member, and any provision of such contract inconsistent with that term or purporting to exclude or modify it shall be void. For the purposes of this section "trade union" includes any organisation of employees whether or not it is a registered trade union within the meaning of this Act but excludes any such organisation if it is under the domination or control of any employer or group of employers or of one or more employers' associations'. We move the Amendment to reassert in more practicable terms—terms which seem to us to accord more closely with the realities of industry than do the right hon. Gentleman's terms—the statutory right to belong to a trade union. The Amendment reproduces almost exactly the words included in the Industrial Relations Bill presented to the House by my right hon. Friend the Member for Blackburn (Mrs. Castle) earlier this year —words chosen after the fullest consultation with both sides of industry.

There are a number of differences between the two formulae. First, we meet, in Clause 5(2) as drafted, for the first time that new scourge of the Secretary of State's—the unfair industrial practice. That is a concept the iniquities of which we shall expose and oppose in later debates, so I shall not go into detail now. I shall merely run up the flag of opposition. Secondly, the subsection props up the provision which we discredited and demolished so effectively yesterday.

Thirdly, there is the profoundly important point that our Amendment protects the right of the workers to join an independent union whether it is registered under the Government's stringent and oppressive rules, provided for in later Clauses, or otherwise. It is contradictory, not to say extraordinary that when it comes to the application of the punitive part of the Bill, it is so drafted, by the inclusion of references to organisations of workers, that unions, registered and unregistered, are brought into the scope, whereas, in this subsection, those who have been coerced by the Secretary of State within a registered straitjacket can be stripped of their statutory rights. Unless we get a satisfactory and convincing reply on this matter, we shall be obliged to divide the Committee.

We cannot invite the Committee to accept the Amendment. I follow the hon. Member for Doncaster (Mr. Harold Walker) in not discussing now the basic concept of the unfair industrial practice because we can go into that more fully later on, save only to say that it does not strike us as astonishing or remarkable that the Committee should be considering and identifying and defining certain practices on both sides of industry which are or are not to be regarded as fair or unfair.

We cannot regard it as right for the protection of the right to belong and the right not to belong to be defined as suggested in the Amendment. The rights we spent a long time discussing last night deserve greater prominence than mere inclusion in the implied terms and conditions of employees' contracts of service. We believe that this right should be formulated consistently with the other points of principle which the Committee considered last night.

There is also the proposed limitation in the Amendment of the right to belong protected by statute, to a registered trade union. But that right is also consistent with the rest of the policy of the Bill. It was one of the recommendations of the Donovan Commission that the term "trade union" should be applied only to registered bodies. So far as Donovan considered this point, he recommended that the right to belong to a trade union should be confined to a trade union defined in this way. We believe it to be consistent that, if a body and its members are to have statutorily defined rights to belong, which they may defend against their employers and against all the world, then the organisations in respect of which those rights would be available should be clearly defined and identified, having accepted plain rights and obligations, and there is no difficulty for any bona fide workers' organisation to achieve the status which would allow its members to enjoy this right.

We also provide that an employer shall not be entitled to require his employees to belong to a dominated or non-independent union. To that extent, both sides of the Committee march together. The right of a worker to complain about an employer insisting upon his membership of a non-independent union is contained in Clause 5(l)( b ), so on that point the employees' protection against a requirement to belong is similar. Points of principle divide the Committee on this Amendment, and for that reason I invite the Committee to reject it.

Question put, That the Amendment be made: —

The Committee divided: Ayes 263, Noes 302.

5.0 p.m.

I beg to move Amendment No. 368, in page 4, line 14, leave out 'person as an employee' and insert 'worker'.

With this Amendment it will be for the convenience of the Committee if we discuss Amendment No. 369, in line 34, leave out from 'engage' to 'to' in line 35 and insert: 'a worker who, if engaged by him, would be a worker'. and Amendment No. 464, in page 5, line 10, leave out 'of employment' and insert 'with his employer'.

The purpose of these Amendments is to extend the provisions of Clause 5 not merely to employees, that is to say people employed on a contract of employment or a contract of service, but to people defined elsewhere in the Bill as "workers", that is to say to those people working on contracts to perform personally any work or services. These are people who are not necessarily employed on a regular contract of employment but who are, for example, employed on a job-to-job basis, such as plumbers doing independent contracts from stage to stage, actors employed, as some may be, on particular contracts to provide services on a given occasion but not actually employed as employees, or musicians who may be employed not as employees but who would come within the definition of "workers" as set out in Clause 48.

The other category to whom this series of Amendments would extend the provisions and benefits of Clause 5 are persons employed as civil servants who do not necessarily work under a contract of employment authough they are, as defined, in employment under or for the purposes of a Government Department.

I hope that the Committee will agree to accept the Amendments which go together. The first is to replace the concept of an employee at lines 14 and 34 of page 4 with the concept of a worker which brings in the wider definition. Amendment No. 464 alters the phrase "contract of employment" to "contract with his employer" so as to extend again the definition of working hours in the same way to this category of persons. I hope the Committee will feel that I have sufficiently explained the object of the Amendments and that they are sensible proposals to consider and accept.

Amendment agreed to.

Under protest at the restrictions imposed by the guillotine. I do not move the Amendment.

Amendment made : No. 369, in page 4, line 34, leave out from 'engage' to 'to' in line 35 and insert 'a worker who, if engaged by him, would be a worker'. —[ The Solicitor-General. ]

I beg to move, Amendment No. 446, in page 4, line 38, at end insert: (3A) Where an exempt agreement is for the time being in force between an employers' association and a trade union, a worker to whom the exempt agreement applies shall not have the right to refuse to be a member of that trade union unless he objects on grounds of conscience to being a member of a trade union and agrees to pay appropriate contributions to the trade union in lieu of membership of it; and accordingly it shall not then be an unfair industrial practice for the employer, or for any person acting on behalf of the employer,— ( a ) to dismiss, penalise or otherwise discriminate against any such worker on the grounds that he is not and has not objected on grounds of conscience to being a member of that trade union, or, having so objected, has not agreed, or has refused or failed, to pay such contributions, or ( b ) to refuse to engage as an employee a person who, if so engaged, would be an employee to whom the exempt agreement applies, on the grounds that he is not and has not objected on grounds of conscience to being a member of that trade union, or, having so objected, has not agreed, or has refused or failed, to pay such contributions.

We shall take at the same time the following:

Amendment No. 392, in clause 7, page 6, line 8, after 'void', insert: 'save that the Secretary of State may provide for the exemption of certain agreements from the provisions of this subsection through affirmative resolution of Parliament and that such agreements so exempted will be legally enforceable contracts to which opting-out arrangements made available for other agreements under section 32 and section 33 of this Act shall not apply. Such agreements exempted by the Secretary of State shall be subject to investigation by the Monopolies Commission prior to an exemption resolution being laid before Parliament'.

Amendment No. 448, in page 6, line 25, at end add: (4) Subsections (1) and (2) of this section shall not apply to any provision of an exempt agreement.

Amendment No. 449, in page 6, line 34, after 'agreement', insert 'or exempt agreement'.

Amendment No. 450, in page 6, line 37, after 'agreement', insert 'or exempt agreement'.

Amendment No. 451, in page 6, line 41, after 'agreement', insert 'or exempt agreement'.

Amendment No. 452, in page 7, line 4, after 'agreement', insert 'or exempt agreement'.

Amendment No. 453, in page 7, line 14, after 'agreement', insert 'or exempt agreement'.

Amendment No. 454, in page 7, line 27, after 'work', insert 'or in entertainment work'.

Amendment No. 455, in page 7, line 31, after 'section', insert '( a )'.

Amendment No. 456, in page 7, line 33, at end add: ( b ) 'entertainment work' shall include performances for the purposes of the theatre, cinematography, sound or television broadcasting and recording.

Amendment No. 457, in Clause 9, page 7, line 35, after 'agreement', insert 'or an exempt agreement'.

Amendment No. 458, in Clause 10, page 8, line 14, after 'agreement' insert 'or an exempt agreement'.

Amendment No. 459, in Clause 11, page 9, line 2, after '(1)', insert: 'Subject to subsection (2) of this section'.

Amendment No. 460, in page 9, line 14, at end insert: (1A) Subject to subsections (1B) and (1C) of this section, where an agreement has been made, whether before or after the coming into operation of this section, between an employers' association and one or more trade unions whereby the employers' association agrees, in respect of workers of one or more descriptions specified in the agreement, that their terms and conditions of employment by any member of that employers' association, or of any member of any organisation of employers which is a constituent of or affiliated to or is represented at that employers' asociation, shall include such a condition as is set out in subsection (1) of this section, the Secretary of State may, on an application made to him by the parties to the agreement, by order made by statutory instrument provide that the agreement shall be deemed to be an agency shop agreement made between each employer who is or shall thereafter become any such member and the trade union or trade unions. (1B) An order under this section may be made by the Secretary of State if it appears to him that by reason of— ( a ) the casual or intermitent nature of the employment of the workers of the description or descriptions specified in the agreement, or ( b ) the transitory nature of a substantial number of the employers of these workers, the opportunity of such workers of entering into agency shop agreements is materially impaired. (1C) The Secretary of State may by order made by statutory instrument revoke any order made under subsection (1A) of this section and the relevant agreement shall thereupon cease to be deemed to be an agency shop agreement.

Amendment No. 461, in Clause 87, page 62, line 13, after '(2)', insert: 'Subject to subsection (3) of this section'.

Amendment No. 462, in page 62, line 18, at end insert: (2A) A company shall not be regarded for the purposes of this section as an extraneous party in relation to an industrial dispute if— ( a ) it is a company associated to a company which is an employer who is a party to the industrial dispute, and ( b ) it has during the continuance of that dispute supplied goods or furnished services in lieu of goods or services which would, but for that dispute, have been supplied or furnished by the company which is a party to that dispute.

Amendment No. 463, in page 62, line 31, at end add: (4) For the purposes of this section two companies shall be taken to be associated one to another if one is a subsidiary of the other, or both are subsidiaries of a third company.

New Clause 9—( Provision for exemption of certain agreements ).

New Clause 10—( Revocation of orders related to register of exempt agreements ).

New Clause 11— ( Register of exempt agreements ).

I feel that the selection of this group is very sensible. It allows us to make a proper investigation into this aspect of the Bill without wasting time.

We knew that Clause 5 would of necessity receive the sort of investigation that it has had.

We spent yesterday on generalisations. General principles were expressed and there was a clash of views. Today, this group of Amendments brings us from the general to the particular. It is more humdrum but perhaps more important, in that we are putting specific points to the right hon. Gentleman to justify changes which will not interfere with the general principle of the Bill. The Amendments seek to provide a limited exemption from the rigid provisions in relation to the closed shop contained in Clauses 5 and 7. This is necessary where certain provisions would otherwise conflict with the general purposes of the Bill as set out in Clause 1.

It was explained yesterday and, I think generally accepted, that trade unions are diverse. Some are professional associations at the same time and I am glad that this has been recognised in the proposals which are to be made to facilitate the continued operation of the B.M.A. and similar professional bodies which, although their members must have special qualifications, perform similar functions to trade unions. There are circumstances in which the total abolition of "any" kind of closed shop provision made between employers and unions can be unfair and damaging, and I know that it would not be the wish of my right hon. Friend to be unfair and damaging if a case for retention can be made out.

I have attempted to indicate the general nature of these provisions in my proposed new Clause 9(4). The situation arises in relation to unions of people who are casually employed and engaged on individual contracts, people who are in occupations in which there is overcrowding and unemployment and, as a consequence, considerable poverty and where joint arrangements have been made between unions and management to deal effectively with these problems by methods which make industrial conflict a rarity.

I agreed with my right hon. Friend yesterday when he implied that, whilst he consulted management, he did not feel that he must accept their point of view in formulating legislation. Although I agree with him that the Government must make up their own mind, having had their consultations, I suggest that a strong argument to be taken into account is that union and management are in agreement that a certain action would be in the interests of the industry and the employees. The union and the management side of the theatrical profession are as one in the suggestions which I am making.

Certainly. I will use Equity and the acting profession as an example, although there may be other groups engaged casually in the creative side of the entertainments industry.

It has been said in the House before, but it should be repeated, that the employment situation and the earnings in this profession are truly appalling. An average actor in a year will work for no more than 17 weeks in the theatre and 19 days in all the other media. His average earnings are about £800 a year. For actresses the figures are even lower. The amount of unemployment that is revealed by these figures is an unnecessary burden on the state in these inflationary days when so much effort is being made to minimise Government expenditure.

In spite of this and of all the advice in the careers pamphlet put out by the Department of Education and Science there is an unending flow of would-be actors and actresses who are undeterred by the poor conditions because they are so fascinated by this art. Some would actually pay to be allowed to put their feet on the professional stage. The strength of this emotion, which is in some ways commendable, could be dangerous. In normal professions one would expect the uncertainty of employment and low remuneration to act as a deterrent to people wanting to enter the profession—

5.15 p.m.

Are the figures of average earnings given by my hon. Friend limited to persons appearing on the professional stage, or do they include people appearing in variety? Actors tend to overflow into closely analogous activities.

The figure covers the whole membership of Equity. In a normal profession those appalling figures alone would be sufficient to regulate the number of people wishing to enter the profession, but that is not so because of the glamour of the theatre. Equity has never had a membership of more than 20,000—it is rather lower at the moment —yet more than 42,000 newcomers have come into Equity in the past ten years. The continuance of dilution on such a scale can only be harmful to the standards of the profession. In the case of lawyers and doctors the effect of a closed shop is created by the necessary qualifications which must be acquired before they can practise. The professional associations of doctors and lawyers therefore act to some extent as trade unions and the Government have made provision for them to carry on their operations in this way. But the acting profession cannot be protected by such clear-cut qualifications. It is not practicable to define a qualification for the would-be entrant except on the basis of an offer of employment, which is tantamount to accepting that a qualification has been attained. The drama schools issue certificates to successful students, but it is impossible for the profession, with its great traditions, to restrict entrance to the profession merely to those who have gone through drama school.

In the film industry and on television, many good films and programmes have been made which have earned millions of dollars, by the employment of performers who have been admitted to the profession without having gone through drama school. That is not to say that they have not a qualification. A qualification has been recognised by the offer of employment. The qualifications and the standards vital in medicine and important in law are right, but I suggest to my right hon. Friend that it is just as important to accept a standard such as I have described in our cultural life as to accept the standards of medicine and the law.

The protection needed by the acting profession, which is so open to exploitation, has been obtained only by a form of union-shop established by Equity, which is both a union shop and a professional association. The basic principles of this shop were established by leading actors as far back as the 1930s and were explained in some detail yesterday by the hon. Member for Putney (Mr. Hugh Jenkins). They were adopted, as he reminded us, by Oliver Stanley when he was Minister of Labour. Whilst hon. Gentlemen opposite can mention Oliver Stanley in passing, members of the Conservative Party will listen with special respect, because his skill, shrewdness and dedication to duty inspired our party, ana we know that he would not have done this unless he had thought it was wise to do so. He founded the joint industrial councils, based on the principle of full organisation on both sides. This system of joint councils has been extended to the film industry and television with good effect.

The absence of strikes, which have been prevalent in so many other industries, proves how successful the councils have been in negotiating terms and conditions of employment. I am delighted that I am still able to say that, because some weeks ago one or two extremists were shown the door when they tried to introduce the disruptive tactics which have been accepted by many other industries into this sensible profession. I give this as evidence that the procedures which I want to perpetuate as having been successful.

The hon. Gentleman is deploying his arguments with great skill and the Committee is listening with deep interest, but he must be aware that Equity can be considered in parallel with other sectors of British industry where the effect of the Bill will be to remove the very stability that he is asking for.

I know my right hon. Friend is open to argument about other industries and other professions, and I know that I shall not lose the support of the hon. Gentleman when I say that the claims of Equity are particularly strong. There is indeed no alternative. In many other industries there may be alternatives, but I can see no alternative in the acting profession. Equity has not only given leadership but has maintained professional standards on both sides of the profession. It has brought order into a situation of potential anarchy. Without the joint councils we should not have seen the peaceful development of the profession which makes such a large contribution to the earnings of the country. That evidence is strong and calls for a great deal of sympathy from the Treasury Bench.

This system has all but eliminated the former widespread curse of the theatre, the notorious bogus manager, and if hon. Members read the novels of only a few years past they will discover that such managers were perpetually on the scene. Now they are hardly ever heard of. The employers and the union together prevent a manager who has cheated his artists, or is in debt to his trade creditors, from operating again until those debts are cleared. But this discipline, derived from the joint councils, is enforceable only because the union has the power to instruct its members to refuse engagements with persons, whether fellow artists or employers, who are in breach of their obligations to the joint councils. This is the only sanction the industry has got to keep the industry clean and in operation, and this is a point which I should like to underline.

Unless my right hon. Friend can show me that there are alternative means available to bring about this desired result, I shall have to press the point by asking for support from all parts of the Committee. This system has a similar effect to the disciplinary powers held by the statutory authorities controlling the professions of law and medicine, no greater and no less. Indeed, it is identical and ought to be considered in the same way. This whole successful system cannot remain effective if performers, whether under pressure of unemployment or because they are newcomers to the business, can stay outside the union or resign from it in order to defy the instructions which the regulations of managements and unions are enforced.

I know my right hon. Friend will take into account the importance of the fact that the Theatres' National Committee, a non-political association of theatrical employers representing the whole of this country's living theatre, has declared that it would deeply regret the abandonment of the Theatre Council system because, as it says, Over the years it has greatly enhanced the relationship between managers and artists. Even more clearly, the Council of Repertory Theatres, representing the managers of all the non-profit distributing repertory theatres, has set out its views in a letter to my right hon. Friend as follows: The theatrical profession is over-crowded and complex and my council is of the opinion that to maintain order and discipline and to safeguard both artists and reputable managers, it is essential to ensure the maintenance of 100 per cent, membership of Equity. This is a very proper statement based on vast experience and is in the interests of managements, actors and actresses, and indeed of the nation, in the sense that the sensible regulation which flows from it prevents unnecessary unemployment, which would be even greater than it is today.

Moreover, the employers in the theatre, films and television have agreed with Equity upon sophisticated arrangements to prevent the damaging consequences which would flow from the utterly uncontrolled flow of newcomers, talented or otherwise, into the ranks of the performers. The glamour and special position of the profession attracts people to it, even though all the economic arguments and good sense itself should tell them to keep out of it.

5.30 p.m.

The hon. Gentleman has said that the theatrical profession is over-full. May I invite him to agree that the same argument applies to British industry, where there are some 700,000 workers outside who would like to be inside?

The hon. Gentleman is pursuing yesterday's argument. Yesterday's debate was on general matters and was a very good debate and brought forward brilliant contributions. This applies to the hon. Member for Birmingham, All Saints (Mr. Brian Walden) and also to my right hon. Friend the Secretary of State. When my right hon. Friend was addressing the Committee hon Members were quiet, when in fact it was part of their tactics to be noisy. Again the hon. Member for All Saints had a quiet audience of hon. Members when he was making fundamental attacks on some of the things we believe in. However, today we are on particular matters and it is a particular matter with which I am now dealing.

The operation of the agreements by the joint council is so flexible that, though they are beginning to reduce the total numbers coming into a profession which has not room for them, they leave in every case the decision as to who shall come in to the employer and the union has no veto. This is not a question of where a union want to close the shop and is against anybody coming in. The union wants its arguments to be heard by the management side and takes care that they are, but if at the end of the day the management says, "We have heard your argument and we still want to let in this person", then the union does not veto that decision. That sort of flexibility works in practice and does not cut across the principles laid down in the Bill by my right hon. Friend.

Yet I am advised that technically these necessary arrangements fall under the heading of "pre-entry closed shops". I cannot accept that. This arises despite the fact that Equity, apart from this technicality, has neither operated, nor sought, any other than an open shop—that is, agreements under which newcomers are brought in by employers and then are allowed to join the union.

The hon. Gentleman says that he is advised about these matters. Could I ask who has advised him?

I have now been in the House for 21 years, but when I am interested in a subject I probe every body and every group that I think can assist me. I then use my judgment as a parliamentary magistrate equivalent to see which arguments I ought to take up and which to leave out. When they convince me the argument is good, I use it. [An HON. MEMBER: "Has the hon. Gentleman got a brief?"] I am reading from what are called "copious notes". I would advise the hon. Gentleman not to attack somebody for using notes. Sometimes this speeds up the proceedings and gives opportunities for more hon. Members to take part in a discussion.

I wish to submit a fully prepared case to my right hon. Friend on this very important matter. I want him to change slightly, from the Bill as it now stands and it is for this reason I took the trouble to prepare a case which I thought would read well as well as sound all right.

I hope I have said enough to indicate that I have made a clear case for consideration and amendment for some exemption from the utterly rigid provisions in the Bill as now drafted. I do not believe the only cases for exemption are medicine and the law. There are occasions when we must accept that there are equivalent qualifications which have arisen through experience and good sound sense. The Minister's statement of of his intention to amend the agency shop provisions is welcome. But I should stress that, because of the over-crowded and complex nature of the entertainment industry and of its outstanding success in terms of the principles contained in Clause 1 of the Bill, a success founded on a union shop, what I seek is a limited maintenance of the possibility of compulsory union membership in such cases as these. They are always prepared to take into account the views of the conscientious objector.

I know that I have not told my right hon. Friend anything new, but I come to some words to which I hope he will listen very carefully. I have embarked on this Amendment with some confidence, but I would point out that my wording of this Amendment is not to be regarded as sacrosant. If the Secretary of State can achieve the same ends as I have tried to achieve, by words which are more amenable to him, I shall be glad to co-operate at a later stage, and will not push the matter to a vote at this stage. If my right hon. Friend could give a sign that he recognises the strength of these arguments and will use the parliamentary draftsmen to employ better words than mine, I am happy to let my text stand as a suggestion of what should be done. However, I should be even happier if he is able to accept my words as they now stand. One is always proud of one's own authorship.

Whichever way he deals with the matter today, I hope he will recognise that its effects go far outside the normal employee-employer relationship in idustry. The theatre and the cultural life of our country are part of our nation. There is something rather more spiritual about it than the normal jobs at which we all earn our living. I should not like to see this contribution to our cultural life weakened by any move made by the Government I support, and I hope that my right hon. Friend will see the matter in that light.

[Miss HARVIE ANDERSON in the Chair ]

I find myself in agreement with much, if not all, the hon. Member for Peterborough (Sir H. Nicholls) said. As the Committee will recall, I moved a similar Amendment yesterday and the right hon. Gentleman in reply said that he would consider this matter today. The difference between the two suggestions is as follows. My proposal yesterday would write into the Bill certain situations in which anybody, whether a trade union, of actors or anybody else, would be allowed to operate a union shop. The proposal now before the Committee, as I understand it, places in the hands of the Secretary of State the power to make decisions as a result of which under certain circumstances a union might be allowed to operate a union shop. Am I right in that understanding of the proposals?

I am delighted that we agree on some part. But, as I understood them, the hon. Gentleman's Amendments would have wrecked the Bill. I accept that my right hon. Friend and his colleagues intend to get the principles behind the Bill, but I am trying to find a way for those who would be injured above all others to be exempted from unnecessary injury.

Perhaps we should not spend too much time on this matter. I quarrel with the hon. Gentleman's view that my Amendments would have wrecked the Bill. They would have changed it in important details, but they would have had a similar effect to what I hope will be the consequences if this proposal is accepted.

One aspect of the hon. Gentleman's proposal which has disturbed some of my hon. Friends, with whom I have naturally had considerable discussions on the subject, is that it places in the hands of the Minister the power to determine in which circumstances and which union shall be allowed to exercise this right. I believe it to be a reasonable and proper right, as I have made clear, that in certain conditions a union may operate obligatory trade union membership. I argued a philosophical case on that point yesterday. It would be wrong to pursue it again today. There is a good case, but it has already been made.

On the practical side, unless something like the proposal which I put forward yesterday or the proposal which the hon. Member for Peterborough has so eloquently put forward today is accepted, or unless the right hon. Gentleman comes forward with a proposal between the two, a disaster will occur in some areas.

The area which I know best is that of the performers' unions. However, it applies not only to actors; it applies to technicians, musicians—the whole area of professional entertainment. Indeed, under the proposals in the Bill, the Seamen's Union might be caught. A strong case was eloquently put forward yesterday on behalf of the seamen.

If the Minister chose to interpret the powers which he will be given in a liberal fashion, they could be interpreted beyond the narrow range of actors. On the other hand, if the Minister interpreted them narrowly, only the actors would be given the freedom to choose, as it were, their own colleagues.

Is it right that the Minister should have that power? This is the doubt in the minds of my hon. Friends, and I confess that it is a doubt in my mind, too.

Is it right that it should be the Minister's task, or would it be a task better lodged, if it has to be lodged at all in the C.I.R.? I believe that unions should have an absolute right to form a closed shop, or a union shop, without any Ministerial intervention or dictation.

But if that case has, alas, been lost so far—we may yet rescue it on Report— the question is: what can we do now? The proposal put forward by the hon. Member for Peterborough, is, at it were, the minimal solution. This is the least which can be done to prevent total collapse.

I hope that the Minister will say that he hopes to do more than what the hon. Member for Peterborough has proposed today and is prepared to move in the direction of the proposal which I put forward yesterday.

I should like to comment on what the hon. Member for Peterborough said about the stability and lack of serious strike record among actors. At the moment, every contract, without exception, contains a clause which lays down that the performer shall be, directly or indirectly a member of the union. Because this clause is in every contract there has been stability in the profession.

Equity has a vested interest in the maintenance of contractual obligations and is a strict disciplinarian trade union. Equity tells actors that they may not break contracts; it collects fines when they are imposed by managers on defaulting managers. It acts as the disciplinary organisation throughout the entertainment industry. If we take away from this union the power to exercise 100 per cent, union membership we will destroy discipline in an area where, if discipline is destroyed, the whole structure will collapse.

I appreciate what the hon. Gentleman says about the strict discipline enforced by Equity. But is it not a corollary that, if he achieves 100 per cent, union obligation, there should be a right of appeal to an independent body—perhaps an industrial court—because if a disciplinary union takes away the card of one of its members it prevents that member plying his trade and earning his livelihood, as the musicians did in Bonsor's case. Where there is a union shop should there not be a right of appeal to an independent body? In a later part of the Bill there is a provision that, in cases of unfair dismissal by an employer, there shall be an appeal to the Industrial Court. Does it not therefore follow that, on dismissal by a union, which has more serious effects, there should be an equal appeal?

I am sure that there will be no objection to such a proposal by the Council of Equity. However, I can recall no occasion on which a member's card has been removed without the employer being extremely thankful.

The discipline which the union enforces is not of the character which I think worries the hon. and learned Gentleman. It is an open discipline which is exercised —I believe that most people who know the facts agree—not only in the interests of Equity, but in the general interests of the entertainment profession. I believe that the fact that managerial associations have written to the hon. Member for Peterborough asking for the maintenance of the Equity shop shows that I am not making a false statement, but that the people who run the entertainment business recognise the foundation on which not only actors rest, but upon which they rest.

I said that I would not intervene at great length. I hope that the hon. Gentleman will pursue his Amendment if the right hon. Gentleman does not give him the assurance which he seeks. I hope, if the hon. Gentleman pursues his Amendment in the Lobbies, that my hon. Friends will support him. If the right hon. Gentleman gives what we consider to be a reasonable assurance concerning the disaster which now threatens the union, for which I have worked so long, I hope that my hon. Friends, if they do not feel able to go into the Lobbies in support of the Amendment, will at least abstain. I therefore ask the right hon. Gentleman to consider carefully, as I am sure he will, everything which has been said and to give us an assurance that he is sufficiently flexible in his attitude to the problem to recognise that there are a number of exceptions where it is in the interests of the community as a whole that a union shop should be maintained.

I am very glad indeed that my hon. Friend the Member for Peterborough (Sir Harmar Nicholls) has moved this Amendment and has gone into the matter in such depth. What he said was of great interest to both sides of the Committee. I have no qualifications to add to what my hon. Friend said, but it is important that the support which his Amendment deserves should be expressed.

I have always taken a deep interest in the cultural life of this country. It is fair to point out that the House of Commons very rarely debates what it can do to help those who are in the world of cultural activities, if I may put it that way. We rarely look at their problems. We rarely look at what they ought to have from the country, and I think that in a great Bill of this kind, whether we agree with it or not, it would be very unfortunate if we did not look at the problems of those who are engaged in Equity and other forms of cultural activity, in the way so admirably put forward by my hon. Friend.

I have always followed the activities of Equity. I think that it has done a great deal for the people it represents, and I am confident that my right hon. Friend will be prepared to meet the case which has been put forward today. There may, as my hon. Friend said, be other words which would be more effective in carrying out what I feel sure is the desire of the Committee as a whole, and it is therefore fortunate that we are to have two extra days on Report, because that will provide an opportunity for issues of this kind to be gone into in depth by my right hon. Friend.

I am sure that my right hon. Friend will be willing to look at all the cases that are put forward. He has great flexibility of approach, and I am therefore confident, whether or not he is able to accept the words suggested by my hon. Friend—and this is a matter of his decision—that he will be in favour of the case that has been put forward. I have great pleasure in supporting what has been said by my hon. Friend the Member for Peterborough, and I look forward to an active response from my right hon. Friend.

I want for a few moments to direct the attention of the Committee to Amendment No. 392 which is being discussed with the Amendment moved by the Member for Peterborough (Sir Harmar Nicholls). Our Amendment widens the argument slightly, and I shall not deal with the arguments which have been put specifically on the Equity case. It is appropriate that there should be considerable interest in Equity in the House, because many hon. Gentlemen are failed actors, and many hon. Ladies are failed actresses. My failed is that I am a failed opera singer, but I have the same interest.

I support the case which has been made for Equity. Amendment No. 392 in the names of my hon. Friends and myself, which I admit refers to Clause 7, is on the same principle as, and is coupled with, Amendment No. 446, widens the discussion slightly, and I should therefore like to put different points to the right hon. Gentleman for him to consider.

What I really want the right hon. Gentleman to be able to do is to exercise his discretion, not for Equity alone, but wherever it may be necessary for him to do so in the future. What we seek to do by our Amendment is to allow the Secretary of State to provide for the exemption of certain agreements from the provisions of Clause 7 which bans the pre-entry closed shop, and then to bring it to Parliament for affirmative Resolution, because then it would be debatable by us in each and every case.

We have gone slightly further than the hon. Gentleman has, and I hope that he will agree with these two additional points. If one is going to exempt certain agreements from the general debarment of the no pre-entry closed shop, one has to write in large responsibilities within the pre-entry closed shop, and what we seek to do is to say that such agreements as are exempted will be enforceable, and they will not therefore be let out by the application of Clauses 32 and 33. I hope the hon. Gentleman will agree that that would be right, because that would impose greater responsibilities on the parties within the closed shop.

The second general point is contained in the last part of the Amendment, where we say and recognise that there may be abuses. Obviously there are likely to be abuses within a pre-entry closed shop, and the point has been made that there are difficulties of discipline within a pre-entry closed shop. Where those abuses exist, there must be some policing system, and what we would like the Secretary of State to be able to do is to refer, as a general matter, any such agreement to the Monopolies Commission so that it can continually look into the conditions of the pre-entry closed shop.

I hope that the hon. Member for Peterborough will not think that those matters are in any way against the spirit of his Amendment. I think that they would improve it slightly in the case of Equity. I hope that the right hon. Gentleman will be able to tell us that the Government are prepared to look carefully at the points which have been made, and that they are prepared to consider making provision in the Bill for a general dispensation in cases where the Secretary of State considers it necessary, subject, of course, to an affirmative Resolution of Parliament. I hope that the right hon. Gentleman will take up those points.

As I read the Amendment, it seems to give no indication of the kind of agreement to which this exemption would apply. Surely it would be an unsatisfactory piece of legislation if the hon. Gentleman did not put in any guidelines about the areas in which this would operate?

I see no reason why we should lay that down, because different circumstances will arise from time to time. We have said that the Secretary of State should be called upon to use his judgment about whether it is right and proper that there should be a pre-entry closed shop, and then Parliament should be called upon to use its judgment. Before Parliament has to discuss the matter the Monopolies Commission will have been asked to report, and its report will be before Parliament before the debate takes place. That is all set out in the Amendment.

Those are sufficient safeguards, and therefore I do not think that there is any need beyond and above the Amendment to lay down the conditions in which the Secretary of State should begin that process by exercising his judgment.

I support the Amendment so ably moved by my hon. Friend the Member for Peterborough (Sir Harmar Nicholls) and so attractively supported by my hon. Friend the Member for Tyne-mouth (Dame Irene Ward). I support the spirit of the Amendment, as I do the manner in which my hon. Friend moved it, but I recognise the difficulties in the way in which the Amendment is laid and drafted.

Perhaps I might tell the Committee why I do not agree with the Amendment in the names of the hon. Member for Cornwall, North (Mr. Pardoe) and his hon. Friends. I do not agree with it because I think that it is far too wide. It does not lay down the necessary criteria.

The problem really arises—and I shall turn to another industry in a moment— is where one is concerned predominantly with a trade union which is not engaged in trade, is not engaged in manufacturing industry, but is in truth and in fact really a profession. It is in this class of case that the difficulty arises, and this was shown by my hon. Friend the Member for Tynemouth when she referred to the cultural activity of this country, to which we pay all too little regard.

What are we really trying to do for Equity? We are really trying to ensure that it is able to maintain standards— the sort of standards which the Law Society and the Bar Council insist upon for the profession, the sort of standards which doctors and dentists have to enjoy.

6.0 p.m.

Yet, for an actor or an actress, one cannot lay down in every case that they must pass an examination. R.A.D.A. and an apprenticeship with a repertory company might be regarded by industrial hon. Members as a good qualification, as it is, but others enter films in a more glamorous way, by being picked up by talent scouts, and can become film stars after one or two films, without the donkey work of the repertory theatre. In the variety part of the industry, the natural talents of a Cockney wit may make him one of our greatest comedians.

These people do not pass examinations, but they are professional people and that is where the key lies for the Minister to find an exemption. In that case, people who join some professional association should pay due regard to the standards laid down and the disciplines which only those in the professions fully understand.

Another example is that of the teachers. I was absolutely white with rage when they went on strike and I wondered why I was so angry. I suddenly realised that, as a barrister, I could not possibly go on strike. "Judges do not strike", I muttered to myself, "and if judges do not strike, why should teachers? "It took me a long time to forgive them at all—

No, there are many highly paid professors in this country. It is not just a question of the menial payment for which we work in life. One also pursues an occupation which is one's pleasure. One is not paid to be in this House—at least I am not, by the time that I have paid all the outgoings—but that does not mean that we do not enjoy it. Are the teachers a profession or a trade? Their attitudes tend to show today more of the trade outlook than the truly professional sense of understanding.

Another group of people for whom I should like to speak, and without whom Equity would not exist, are the Writers' Guild of Great Britain, with some 700 full members and another 700 associate members, who provide the scripts for Plays, television plays and almost all the productions in this country. They are closely concerned, in the same way as equity. They are, in truth and in fact, a body of authors, professional men and women, who joined the Guild to maintain standards and to ensure fair fees in rela- tion to agreements entered into on their behalf, but also to protect their overseas copyright in America, Commonwealth countries and elsewhere.

The Guild's agreements are of considerable importance and are dealt with in the provisions for agency shop agreements in Clause 6. They have agreements with the F.P.A., the I.T.C. and the I.T.V., the main bodies regulating the transmissions of the employing producers. They have no similar agreement with the B.B.C. These agreements have taken long effort and time to secure and they apply to all representatives of the Guild.

It is a condition that everyone must belong to the Guild, and the main purpose is to uphold the standards upon which the Guild's bargaining power depends. An unsatisfactory producer or director can be listed and members told not to offer their services, either in this country or abroad, to such a person. This eliminates those unsatisfactory practices, as those producers cannot obtain work.

If a few people withdrew from a large union like the Transport and General Workers' Union, it would have no effect, but if only a couple of scriptwriters withdrew from the Guild and dealt with unsatisfactory producers, the Guilds' bargaining power would be broken. A script may be sold for one film or a series such as "The Adventurers". Without full control, the Guild could not accomplish its professional purpose.

The Amendment offers one way of dealing with this—by giving special exemption in such a way as to limit it to professional activities. Another way is to recognise that one of the Bill's purposes is to prevent unions or individuals threatening to induce a breach of contract by an employer, and to turn that around altogether. It would do no harm to the Bill if we remedied the situation with an addition to the Clause which entitled someone to withdraw from a union— which is quite right—but went on to say that it would be an unfair industrial practice for any employer, during a dispute with a union, to induce a member of the union to leave it so that the employer might employ him with a view to prolonging or ending the dispute.

That is to say, one answer is to make it equally wrong for an employer to seduce a worker from his obligations to his union, purely because he wanted to employ him in breach of his own arrangements with the union. There may be other answers, but I hope that we shall be able to find a way to ensure that what was intended to achieve desirable ends for a union like the Writers' Guild, which has never been on strike or withdrawn its labour or entered into any agreements which have not been to the benefit of the public as well as of their own ends, is given some accommodation within what I believe to be a great Measure. Their position, although different from, is largely analogous to, the position of Equity. There may be others, but they are mainly to be found among those who are aiming to uphold certain standards.

Those in the Ministry and the Minister's advisers have given many months, indeed years, anxious thought to this problem. I ask them to continue their imaginative thinking. Only recently did the Guild write to the Ministry, and I sent certain further details only yesterday. I therefore do not expect any concluded opinion on the part of either my right hon. Friend or the Committee because a detailed case was put forward only 24 hours ago.

I wish to make it clear that, having put forward that case, that is not the end of the matter for either my colleagues or myself. Perhaps in the long run the Minister will conclude that we should deal with this problem by taking certain parts out of being a union matter and treating it as a professional one, but I am not satisfied that that would be right. The protection which applies to trade unions and the rights and obligations which unions are entitled to receive are probably appropriate to this matter.

I endorse what has been said by hon. Members about the need to try to find a solution to the major problem facing Equity, which is the need to uphold standards, prevent a watering down of those standards and ensure the proper entry of people into the theatre, rather than to have people barging in, as it were, without any right or know-how. Equally, I hope that we can maintain an increasing standard among authors through the right type of scripts, because that will ensure a high standard of culture in Britain.

My hon. Friend the Member for Peterborough (Sir Harmar Nicholls) made a strong case in pointing out, as the hon. Member for Putney (Mr. Hugh Jenkins) did yesterday, that it is desirable that there should be special provision in this sphere of the theatre. However, despite the ingenuity of my hon. Friend and the hard work that has obviously gone into the drafting of this group of Amendments, I do not believe that these proposals would be limited to the theatre or to the Guild of Writers.

I have a suspicion that, because of the wording of my hon. Friend's proposal, it could be extended to many occupations and across a wide field of industry, for its references to the level of employment at various times, casual employment and remuneration could apply to seaside catering and similar occupations. I appreciate that that is not the intention, but my right hon. Friend will obviously have to consider the matter in its wider context.

Having said that, I hope that my right hon. Friend will, if he takes the view I have expressed, give this matter further consideration between now and a later stage. It is desirable, from what we have been told, that special provision should be made in the narrow sphere of the theatre and associated occupations, but it would be wrong for a proposal of this kind to be allowed to extend as far as I believe it would extend.

6.15 p.m.

This is a difficult matter and one which will need further consideration. I wish, at the outset, to congratulate my hon. Friend the Member for Peterborough (Sir Harmar Nicholls) who, as the Committee knows, speaks from a long interest in and great knowledge of the acting profession and the entertainment industry, as does the hon. Member for Putney (Mr. Hugh Jenkins). The Committee and the profession will be grateful to my hon. Friend for the careful thought he has given to this issue and the way in which he has attempted to find a solution.

I had to inform the hon. Member for Putney rather hurriedly last night that I definitely could not accept the Amendments which he had tabled. I felt that, as criteria, they would be too variable and unstable. My hon. Friend has come somewhat nearer to the right approach.

I accept that a career in the acting profession and the entertainment industry is one of very high risk. It is also one of low wage levels, except for the few. I accept that entry into the profession cannot be regulated by means of formal qualifications. Undoubtedly there are aspects of the employment situation in this industry, and particularly in the acting and associated authorship profession, which my hon. Friend the Member for the Isle of Thanet (Mr. Rees-Davies) mentioned, which separate them from most other employments and occupations.

We are speaking about acting and entertainment as well as professions and activities closely associated with those spheres of activity. By way of example, there may be cases—I grant that they may be rare—which, though unique, show that it would not be right for the Committee to legislate specifically for Equity or some particular association like it; we must, therefore, if we are to find an escape route, make it of general application, and this makes the problem even more difficult.

I return to what I call broadly the "Equity problem." It is clear that Equity is not dependent on maintaining a pre-entry closed shop. However, there is the question of maintaining casting and other agreements in the theatrical sphere and the fact that these depend in practice on Equity's power to enforce jointly agreed rules on both management and players by virtue of the post-entry closed shop.

For most similar situations, we believe that trade unions will be able to rely satisfactorily on our agency shop provisions. Some of the Amendments which we intend to move to the present agency shop provisions and which, in particular, will enable a union or unions to make an agency shop agreement with a multiplicity of employers—for example, in this case, with West End managers or a repertory theatre organisation—will, we believe, enable Equity to make a reasonably effective agency shop.

I admit that we are not satisfied that, even so amended, that sort of agreement would be adequate in this sphere or in spheres where employment is typically casual, of very short duration, where employers are apt to come and go quickly, where performers are rarely together in the same group for two successive productions and where even in good times, about one half of the total numbers in the profession are probably out of work, or at least between engagements, at any one time.

As to why the agency shop would be difficult to operate in this sphere, the right hon. Gentleman must add the vast numbers of people who are continuously and mistakenly trying to get into this employment.

Yes, but that again is one of the other problems. It is one of the problems which arise out of the appeal of the profession, the nature of it, and the fact that it is not one where entry can be regulated by any formal qualification. Although formal training plays a major part, and probably an increasing part, it is above all a profession in which sheer talent can at times rise to the top, even without training. It seems that there is a case, if we can find it, for making some concession. All I can say to my hon. Friends and hon. Members opposite is that we shall be carefully and sympathetically considering this matter.

I cannot accept my hon. Friend's Amendment as it stands, first, because we cannot consider Equity on its own. I know that the Amendment is not limited to Equity alone, but before we can decide what we can do, if anything, we must trawl very thoroughly to try to get a more comprehensive view than we have at present of all the other possible candidates for special treatment. We shall not be exhaustive in that, but we must have a careful look.

While we would wish to find some exemption here to meet this and other genuine special cases, we are determined not to provide a door which is so easy to open that in practice we defeat a major principle of the Bill, namely, the right to belong to a union or not to belong to a union and all that goes with that. We must survey the subject more carefully than we have yet been able to do in the light of representations put before us.

I am not attracted to the idea that the Secretary of State should have the responsibility of defining definitions. This sort of decision should not be a political decision taken by Ministers, though they may be answerable to the House. This is a principle which we are maintaining in other parts of the Bill. Sometimes we have known, for example, in monopoly references that it is not easy to make Ministers answerable in practice when one thing is dealt with in one way and another in a different way. We should seek to find some other body, such as the National Industrial Relations Court, which could determine by criteria which are exceptional cases and which are not. That is another reason why I cannot accept the Amendment as it stands at present. Nevertheless, I assure my hon. Friend that I will consider this matter, because we believe that there is a case here which we should like to relieve as much as possible. I cannot make a categorical promise about this. But I will consider it in the spirit of making a genuine attempt to bring forward on Report an Amendment which I believe will be acceptable.

Would that also include the Writers' Guild and their problems, which are rather analogous to those of Equity?

I thought that I had made it clear that we could not consider somethink which applied to Equity only. It must be standards by which other people can come and be judged. The cases mentioned by my hon. Friend would have to come and be judged from those standards.

While not wishing to reject the spirit of my right hon. Friend's reply, I should have liked him to be a little more specific. I take it that there will be something on the Order Paper on Report stage. I know him well enough and understand his methods to know that when he uses words such as those he has used, something will flow from them. But if it is the case that he finds it impossible to find words—he has given an explanation where he may find that difficult—I should like another opportunity of finding the words myself. However, I should prefer him to do that. The attendance of the Committee in no way reflects the overwhelming interest in this matter. I have the authority of the hon. Member for Hampstead (Mr. Geoffrey Finsberg) and other hon. Mem- bers, to let the right hon. Gentleman know that they support entirely the arguments put forward and suggestions made I am sorry that hon. Gentlemen opposite are suggesting that at this stage we should push the matter to a vote. Perhaps the difference is that they are after a bit of propaganda but I am after results in a worth-while manner. I hope that my right hon. Friend can go to the Dispatch Box for one more second to say that we can expect some words of his at the Report stage in the general direction of those which I have used.

The right hon. Gentleman has made it clear that he will have no exception to the principle already decided. The Amendment asks for such an exception. There is an obvious bridge which cannot be crossed. Would the hon. Gentleman not agree that in the circumstances the matter should be put to a Division?

I am not as pessimistic as the hon. Member for Coatbridge and Airdrie (Mr. Dempsey). He must be optimistic if he has a good case. We have a very good case and we are entitled to be optimistic.

There is a saying that exceptions prove the rule. But they must be real exceptions and they cannot be limited to one particular case. I cannot promise my hon. Friend categorically to put something down on the Order Paper at Report Stage, because I could not do so unless I were satisfied that it did the job. I can promise him only that I will look further into the matter with the intention of so doing. But obviously I cannot fulfil that intention unless I can honestly comment to the Committee that it is a sound Amendment. I hope that we shall find something appropriate, and I shall seek hard to find it, but I cannot promise that I will find it until I have found it.

The- right hon. Gentleman has not given a satisfactory answer because he has not committed himself to what will be on the Order Paper for the further proceedings. Indeed, he has not replied in any way to the points which I made. I should have thought that the Amendment was a way out tor him. It widened the matter. It may have widened it too much for some hon. Gentlemen opposite.

I accept, as does the right hon. Gentleman, the principle that a man may be allowed to opt out of union membership. I support him entirely on that principle. But surely the right hon. Gentleman is not denying that in some cases the closed shop is a good and efficient arrangement. There ought to be a system written into the Bill whereby the right hon. Gentleman can exercise discretion.

I disagree totally with the right hon. Gentleman's view that it should not be left to the Secretary of State or Parliament to discuss this. The idea of setting up an ad hoc committee to take over the democratic rights and responsibilities of this House has been in existence for far too long. This should be a political decision and not an economic or a legal decision. How can any kind of court decide whether a specific case should be exempted? It is for the Secretary of State, or future Secretaries of State, and politicians to make the initial judgment and for Parliament to decide, through an affirmative Resolution, as it does on the information put before it by the Monopolies Commission. I put all these proposals to the right hon. Gentleman, but he did not reply.

6.30 p.m.

The Opposition are totally opposed to the whole idea that the closed shop, under any circumstances, should not be allowable. But we recognise that there is a real problem for certain unions in that, if the closed shop principle is not allowable, not only will those unions be crippled, as all unions will be generally, but they will be put out of existence.

It is not only Equity which is in that situation but a number of other unions. We heard yesterday an excellent speech by my hon. Friend the Member for Kingston upon Hull, East (Mr. Prescott) about the National Union of Seamen. Whilst making it absolutely clear that we are totally opposed to the Government's policy, we stress that it is a matter of life or death for some unions. It may be that the union membership in a factory, which is not in casual employment in the sense of Equity, the N.U.S.—or those employed in the construction industry—is in a somewhat different situation, but the principle which the Government are pursuing is totally wrong.

The right hon. Gentleman agrees that this is a difficult problem. However, it is of the Government's own making. They have dug the trench into which they are sinking because of the policy that they have pursued.

The right hon. Gentleman is clearly fascinated by legal frameworks. He suggests that he should not accept responsibility for any exemptions and that they should be left to a court of law, the proposed National Industrial Relations Court. How absurd can we get? How can the law enter industrial relations? It is clear that in on circumstances can we accept that situation and, in view of the fact that it does not look as though there will be a vote—

I do not know. It is a matter for the hon. Member for Peterborough (Sir Harmar Nicholls). But when the Bill comes back on Report, we shall look carefully at the situation, and we shall want to know precisely what is being done to overcome this problem for the unions concerned.

In any event, it would be far better if the right hon. Gentleman accepted the view of the Opposition that there is no need for this type of provision. It would be much better if he decided, on the basis of the arguments which have been presented in the past two days, to withdraw his opposition to the closed shop, pre-entry or otherwise, and to allow the situation to continue without interference.

That is the view of the Opposition. I will not reply to many of the comments which have been made in this debate. The attitude of some hon. Gentlemen opposite to trade unions are such that it is almost impossible for some of us to understand. I think that we come back to the point made in that brilliant speech by my hon. Friend the Member for Birmingham, All Saints (Mr. Walden) yesterday that, in a sense, it is like the deaf talking to the deaf. One side does not seem to understand the other. It is about time that hon. Gentlemen opposite understood that, on matters like 100 per cent. trade unionism and the right of trade unions to have collective agreements based upon the closed shop, we on this side have deep feelings.

I was so impressed with the sincerity of my right hon. Friend and the clear impression that he gave that he will look into this matter with the genuine idea of finding an answer that I propose to ask to withdraw the Amendment. However, before I do that, perhaps I might give some advice to hon. Gentlemen opposite, especially to the hon. Member for Liverpool, Walton (Mr. Heffer). They claim to be great negotiators. Their whole argument is that they understand these matters since they have spent their lives negotiating and have won greatly improved conditions for their members. They understand the tactics. They know how to use the climate. They excel in these matters. That is their case. Let us hear a few examples of it. As a businessman, I have some experience of negotiators. Anyone who knows how to negotiate recognises that there are occasions when it is good to get one foot in the door—

The right hon. Lady will not shut me up. She has a nasty temper and a silly approach to these matters. She does not deserve the support of her hon. Friends. She is a parliamentary wash-out, as she has proved. I have no time for the right hon. Lady.

Hon. Gentlemen opposite should use their skill as negotiators and remember that occasionally it is good to get one foot in the door. Let us get this Equity foot in the door. From that, we may be able to get in the other one.

I have great faith that something will come of this Amendment and that my right hon. Friend intends to consider the matter with the genuine aim of finding an answer. In view of that, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

The next Amendment selected is No. 500, in page 4, line 39, leave out subsection 4.

Under protest, in view of the fact that we are operating under a guillotine, I do not intend to move that Amendment.

Amendment proposed, No. 502, in page 4, line 44, at end insert: (4A) Paragraph ( b ) of subsection (1) of this section shall not apply to a person employed as a seaman on a seagoing British ship having a gross registered tonnage of 80 tons or more, including a person ordinarily employed as a seaman who is employed on, or, on about such a ship in port by the owner or charterer of the ship to do work of a kind ordinarily done by a seaman on such a ship while it is in port.—[ Mr. Heffer. ]

Question put, That the Amendment be made:—

The Committee proceeded to a Division and The DEPUTY CHAIRMAN having directed that the doors be locked

( seated and covered ): On a point of order, Miss Harvie Anderson. A number of hon. Members, including myself, were prevented by the presence of Conservative Members, I am sure quite unintentionally, from reaching the door before it was closed on your instruction. Therefore, may I ask that the Division be called again in order that we may have a proper vote, properly recorded?

Order. The hon. Gentleman will know that the full time was given for entry to the Lobbies and that the Division is therefore in order.

With great respect, Miss Harvie Anderson, I think that you possibly missed the substance of my complaint, which was that I would have been in good time before the closing of the door but for the physical presence of Conservative Members preventing a number of us from entering the Lobby.

It was clear that there were a number of Members behind the Bar likely to vote in each Lobby, and the Chair would judge that each had equal chances of getting through the door in adequate time.

( seated and covered ): Further to that point of order. The reason why it was not possible to get into the Ayes Lobby was that the Conservative Whip had his arm across the door stopping people coming round the door. The consequent congestion behind the door prevented hon. Members going through it, because there was no exit where Members nod their heads.

Order. The Chair had the door in question in view and did not see exactly that which was depicted by the hon. Gentleman.

( seated and covered ): There is a very serious point here that I should like to put to you, Miss Harvie Anderson. The Government Whip was trying to ease congestion. He put his arm across the exit door so as not to allow anybody else into a passage that was clearly congested. But the effect was to stop people getting in through the door. With respect to you, I do not think that you could have seen what was happening outside. I do not complain about the Whip's action, because it was intended to be helpful, but it created pressure inside the door. I put it to you very seriously that it would be fair to conduct the vote again.

Order. With respect to the right hon. Gentleman, the leisurely procession that the Chair observed gave the clear impression to the Chair that there was no undue haste towards the doors which were being locked, and that there was no such pressure on the door to which the right hon. Gentleman has referred.

6.45 p.m.

May I put to you, Miss Harvie Anderson, with respect, that in the 26 years I have been here I have never known a Government Whip attempt to restrain Members who have passed the Clerk and recorded their names from moving out of the Lobby. I know that he did it in good faith, but the consequence was that, although it may be your impression that it was a leisurely procession, as I stumbled up there, that was not my impression. Whatever the impression, pressure was created in there that pre-vented Members from moving into the Lobby, and it is that which, with respect, I believe requires you to reconsider whether the vote should be taken again.

Order. I think that the right hon. Gentleman has re-emphasised what I have already made plain, that there was no pressure on the door in question at the time concerned, and I think that he would agree that it happened to be a door in full view of the Chair and the Table. [ Interruption. ] Order. I inform the hon. Members for Cannock (Mr. Cormack) and Lancaster (Mrs. Kellett), who are seeking to raise points of order, that they are not suitably covered.

( seated and covered ): With great respect, Miss Harvie Anderson, may I ask that you send for Mr. Speaker? This is not an attempt to make party capital, but I think that there is a genuine misapprehension as to what happened. Perhaps we should have someone to whom we can appeal to decide where the best interests of the Committee lie.

Order. Much as the Chair might wish to send for Mr. Speaker, and share the hon. Gentleman's views, it would not be in order to do so.

( seated and covered ): I should be glad if, through the Clerk, you would consult the precedents on this, Miss Harvie Anderson. I have a clear recollection that in the 1950-51 Parliament, at the time when we were being harried to death, the then Member for Aberdeen-shire, East complained that he was disadvantaged and pushed against his will through the wrong Lobby. The Speaker was sent for, and his clear Ruling was that if any one Member—one Member— were disadvantaged and there was a great dispute of evidence, the Division must be called again. I think that this is a matter of such importance that, with very great respect, I suggest that you send for Mr. Speaker.

Order. I am surprised that the right hon. Gentleman should take the view that it would be appropriate to do so. The Chair is in the Service of the Committee in these matters, and if the Committee seeks to have another Division, with adequate evidence that there was any form of obstruction, the Chair will so concede. All that the Chair has said so far, in response to what the Committee has put before it, is that evidence of no such obstruction has been suggested adequately to date.

( seated and covered ): Since you require some evidence, Miss Harvie Anderson, are you aware that I was injured trying to get through the door? I now have a bleeding arm, as I can show you. Is that not sufficient?

Order. I am sorry that the right hon. Gentleman should have apparently suffered in that way. I think that he will agree that he is a little confused. I happened to observe him personally, and my observation sug-

gested that he was trying to go through another door.

( seated and covered ): I was actually standing alongside the ex-Prime Minister when the Labour file was going very slowly, and he said, "Pass the word along to move faster".

Order. I do not think that there is any useful purpose to be served in continuing this discussion. In view of the representations made, I am perfectly prepared to call the Division again, which I now do.

The Committee divided, : Ayes 266, Noes 295.

7.0 p.m.

The next Amendment is No. 422, in page 5, line 8, at end insert 'without loss of earnings' standing in the name of the right hon. Lady the Member for Blackburn (Mrs. Castle). Mr. Heffer.

In view of the circumstances that we are in because of the guillotine, I wish to say, under protest "not moved".

Amendment No. 464 made : In page 5, line 10, leave out 'of employment' and insert 'with his employer'.—[ The Solicitor-General ]

I beg to move, Amendment No. 497, in page 5, line 11, at end add: (6) In subsections (1), (2) and (5) of this section any reference to a trade union shall be construed as including a reference to an organisation of workers which is for the time being entered in the provisional register. This is not an Amendment to which I have spoken before and I owe the Committee a brief explanation. The Amendment adds an additional paragraph to Clause 5 so as to extend the provisions in respect of the right to belong to a trade union when trade unions are provisionally registered, as foreshadowed in Clauses 74 to 76, so that trade unions which, on the passing of the Bill, move on to the provisional register by virtue of their presence on the old register, or those that apply for inclusion on the provisional register, will have extended to them and their members the rights set out in subsection (1), (2) and (5) of Clause 5. I commend the Amendment to the Committee.

Amendment agreed to.

[Sir ROBERT GRANT-FERRIS in the Chair ]

Motion made, and Question proposed , That the Clause, as amended, stand part of the Bill.

The circumstances which we face are, of course, very difficult for the Opposition. We wanted to have a serious scrutiny of the Bill Clause by Clause, and later we hope that at least we shall be able to reach Clause 11, the agency shop issue, so that there may be some serious discussion on it before we reach the period of the guillotine. Therefore, I shall be extremely brief on this Motion.

We believe that Clause 5 deals a serious blow to the trade union movement because it hits at one of the most fundamental principles on which the trade union movement is based—the right of 100 per cent. trade unionism, either through the pre-entry or post-entry closed shop or whatever one might call it.

I want to speak about the closed shop because there is a great deal of confusion on the matter. As far as the closed shop is concerned, the basic concept of the trade union movement is 100 per cent. trade unionism and, of course, the closed shop does not necessarily follow, in every case, the pre-entry closed shop or 100 per cent. trade unionism. We regard Clause 5(l)( b ) as a most serious infringement of the fundamental rights of trade unionists and the trade union movement. There are other aspects of the Clause which should have been dealt with in great detail but which were not and could not be reached.

Mr. Tom King (Bridgwater) rose

I am sorry. I hope that I am not being discourteous to the hon. Member for Bridgwater (Mr. Tom King), out, frankly, we wish to make progress.

Mr. King rose

If my hon. Friends will also let me say "No", we shall make pogress. I appreciate their support on this matter, but I am saying "No" to the hon. Gentleman.

I appreciate my hon. Friend's support. The part of that Clause which is very important and which ought to have been discussed at some length is subsection(5)( a ) and 5( b ) which can have a detrimental effect on those who are trade unionists and members of local authorities. I do not think that people have gone into that sufficiently. It is a very important principle with which we have not been able to deal in detail. We are totally opposed to this Clause and I shall invite my hon. and right hon. Friends to oppose it.

I tabled Amendment No. 493, which was not selected. I should like the Minister to have a look at this and come back on Report after considering the point that I make there. My point is that in subsection (2)( b ) there are the words: to dismiss, penalise or otherwise discriminate This says that an employer must not dismiss, penalise or otherwise discriminate against a worker. The words are then repeated in subsection (3)( a ) and this gives the right to the employer to dismiss, penalise or otherwise discriminate against a worker.

I could go into the reasons why I think in that case those words should be taken out. To save time I will simply say that if we give the employer a right to discipline in this way we may cause further trouble in the works, leading to strikes and all the rest of that which we are trying to avoid through this Bill. We should take out the words in subsection (3) relating to "otherwise discriminate against" and give the employer simply the right to dismiss, against which dismissal the employee would have the right of appeal in any case.

7.15 p.m.

I apologise to my hon. Friends because of course they do not want to spend a great deal of time discussing Clauses when there is a guillotine in operation. I do not know what the hon. Member for Rutland and Stamford (Mr. Kenneth Lewis) was talking about. It was difficult to follow him. This Clause is fundamental to the rights of trade unionists. Even working with the guillotine it is not within the remit of any member of the Labour party who is a Member of this House to allow the Clause to go by with the kind of speech made by my hon. Friend the Member for Liverpool, Walton (Mr. Heffer) I am reluctant to criticise him because I have a great affection and respect for him.

This Clause is a part of the Bill which is of paramount importance for trade union movement. I want to be restrained in my language but this Clause typifies the attitude of hon. and right hon. Gentlemen opposite towards the trade union movement. There are a number of new Members in the Committee and I notice that whenever a Member on this side was talking about the right of the trade unions to organise in a particular industry or factory, that seemed to engender hilarity among some new Members. They seemed to express consciously or unconsciously a violent antagonism to the trade union movement. [HON. MEMBERS: "Withdraw."] I have been in this House a number of years—

Many hon. Members opposite with whom I have had associations over the years have a great deal of sympathy for the trade union movement. What I am bothered about is the number of new Members opposite who have evinced an antagonism which I do not think is justified. Even if they do not like trade unions, if they have had any experience of industrial relations they must realise that whatever difficulties may exist between management and trade unions, British industry has to live with the movement. It will never be destroyed. If this Bill is not designed to destroy the trade union movement, then it unwittingly seeks to do so.

Would the hon. Gentleman make it plain that his strictures of anti-trade unionism do not apply to me, since I am among the new intake of 1970. I am a trade unionist and have been for many years. While I can speak only for myself at any time, I should like to make it clear that I deeply resent that sort of wild accusation, which the hon. Gentleman should withdraw at once.

I am delighted that the hon. Gentleman has made that intervention. [ Interruption. ] I hear one of my colleagues say "There's three of them." I think he meant three trade unionists on that side of the Committee. I am not interested in that but I am delighted that the hon. Gentleman has stood up and identified himself in that way. As far as he is concerned I will withdraw any implied stricture.

I am like most hon. Members of this House—[HON. MEMBERS: "YOU are not."] No, I am better than most. Can I re-phrase that and say that I am like most people. That will exclude most hon. and right hon. Gentlemen opposite. My statement was a reaction to what I saw and heard in the debate whenever the question of trade union membership was raised.

The Clause is important in two ways. First, it does not seek to destroy the trade union movement, but it will inevitably do so. Secondly, and much more important, it can be a major reason for industrial dispute. I beg the Secretary of State and the Government to recognise that once the closed shop is challenged, even though all the procedures are gone through and individual trade unions and shop stewards are subjected to fines, there will still be trade union members determined that under no circumstances will the Government or an employer frustrate their efforts to have a full closed shop. Any attempt to frustrate those efforts will cause industrial disputes. It is not in the interests of British industry that industrial disputes should arise from the Clause and I ask the Secretary of State, even at this stage when we are deciding how to vote on the Clause, to look at it again. I promise him that there will be more industrial disputes, more strikes, more disruptions and more damage done to the economy from an attempt to ban the closed shop than from any other issue that he or anyone else likes to raise.

I wish only to add one point to that raised by my hon. Friend the Member for Rutland and Stamford (Mr. Kenneth Lewis) relating to Clause 5(2)( b ) and the words about dismissing, penalising or otherwise discriminating. What will be the position of a worker who takes the option under Clause 8 or Clause 9 not to be a member of the trade union in the event of a dispute leading to an official strike? Will his employer be obliged to provide work for him during the strike—which will add to the bitterness of the dispute—or, if he does not do so, will he be guilty of a lockout against the worker and therefore of discrimination under Clause 5(2, b ).

Does the term "trade union activities" in Clause 5 include time off for attending to local council work, acting as a justice of the peace and similar activities?

This is a matter which has been in the past—and is at present— for local negotiation and collective bar-

gaining. We believe that in our Code of Practice we should, and shall, lay down guidelines for the facilities that should be given in connection with trade union activities; but matters of time off for participating in council work, voluntary work, and so on, cannot be legislated. This country has a high tradition for this sort of work, it can best be provided for in this way, and I think that is probably how the majority of the trade union movement would wish it to be left.

Question put, That the Clause, as amended, stand part of the Bill: —

The Committee divided: Ayes 290. Noes 261.

Clause 5 ordered to stand part of the Bill.

[Sir ALFRED BROUGHTON in the Chair ]

Clause 6

PRESSURE ON EMPLOYER TO INFRINGE RIGHTS UNDER S. 5.

Question proposed, That the Clause stand part of the Bill.

Clause 6 creates two unfair Practices, first in relation to calling, organising, procuring or financing a strike and, secondly, a completely new concept, irregular action short of a strike. I intend to show that this relates directly to Clause 5, in other words, to action in favour of a union shop. Clause 6 applies not merely to action taken by people, but to words that are uttered or printed and even to something which may be said unguardedly in the heat of the moment on the shop floor. This Clause makes such utterances into unfair practice. It may be that a newspaper article might lead to the same result.

We can see from subsection (1)( b ) that refusing overtime may well be an unfair practice short of a strike. This may affect, for example, teaching, because there may be occasions of dispute when the union wishes to impose sanctions upon the employing authority by withholding administrative duties, and at the same time wish to ensure the continued education of the children in the schools. As the Clause stands, such action would undoubtedly be an irregular industrial action. This applies also to nurses who want to go on nursing but wish to make their weight felt—a cause which I would support. On the shop floor in an engineering firm, for example, a group of workers who together decide to bang their machines with spanners are guilty of an unfair practice if they do so when the foreman comes in. An unimaginable variety of practices may be encompassed by the second limb of Clause 6(1)( b ).

The Government tell the Committee that the Bill is in favour of and meant to assist the trade union movement. It is therefore remarkable that it does not mention action short of a lockout. On the one hand, it mentions action short of a strike but, on the other hand, it does not mention action short of a lock-out. There is nothing to stop the unfair inducement of a person not to strike. Nothing in the Bill prevents an employer from paying double time or promoting a man because he happens to be a blackleg, or, to use the more appropriate word which I was brought up with when I worked in factories, a scab. Let us not be afraid to use that word. The ramifications of the Clause are astonishingly wide.

In Clause (5)(2) there is no definition of the words "deter", "penalise" or "discriminate against". Yet it is to that particular subsection that Clause 6 applies. I ask my hon. Friends to forgive me if they get lost in a tangled mass of cross-references at a later stage. Although the Bill lacks these definitions, I remember that when I served on the Committee dealing with race relations it was thought fit to define the term "discriminate against". This is typical of the sloppy drafting of the Bill and explains why the Government were so anxious to allow two more days on Report, not to allow greater freedom of debate, but to correct their own sloppy drafting and mistakes in preparing the Bill.

What I am particularly concerned about is that in applying Clause 6(1) as defined by Clause 6(2) to Clause 5(2), we then look at Clause 5(2)( a ), which in turn applies to Clause 5(1). If that sounds rather difficult for hon. Gentlemen to understand, perhaps they can understand the difficulties that employers and trade unionists will encounter when they have to deal with these legal complexities which are injected into the Bill.

What it boils down to is that it becomes illegal to prevent, or even deter, a person from being a free-rider—the sort of person I described yesterday as somebody who rides on the backs of his fellow workers—by one of the actions indicated in the Clause. In other words, its effect will be to overrule the Trade Disputes Act, 1965, by the back door; it will fly in the face of the Donovan Report, as in these debates we have seen the Government are intent in doing; and it will go beyond the decision in Rookes v. Barnard in making a breach of fair industrial practice what today would not be a breach of law even if done through a strike. The 1906 Act will become meaningless as a defence, because we are not dealing here with torts but with unfair industrial practices.

The Donovan Report said, in paragraph 852: We think that this last statute"— referring to the Trade Disputes Act, 1965— was necessary for the protection of trade union officials in the reasonable performance of their functions and do not recommend its repeal. Donovan went further than that and leaned the opposite way to what is now being proposed by the Government, since in paragraph 854 it said: …it has been suggested that liability for civil conspiracy might arise where a number of persons agreed together, in contemplating or furtherence of a trade dispute, to break their contracts of employment in combination, since they would be parties to an agreement to do an 'unlawful' act … This possibility is one which we think should be removed by legislation. Once again we have the Secretary of State deciding policy on the basis of a scrawny pamphlet brought out in the darkness of the pre-Donovan era. He has admitted, as did the Solicitor-General yesterday, that the work on this subject was done long before the Donovan Report. One wonders why Royal Commissions are set up if they are merely ignored and if the Government act in an opposite direction to their recommendations. Therefore, they are intent on overruling the Trade Disputes Act, 1965. This is important because Rookes v. Barnard is to be reincarnated in a new form to by-pass the 1965 Act by creating these unfair industrial practices.

7.45 P.m.

I put the matter to the Solicitor-General in a practical way. If as the members of the same profession, assuming that we were members of the same trade union, the Solicitor-General might —understandably after some of the remarks I have made about his Bill—say in a moment in indignation "That chap Rose ought not to be allowed to be a member of the Bar" or the union to which we might belong, that would be an offence under this Clause. It would be an offence merely to state an opinion if that were interpreted as organising, procuring or calling a strike or threatening to do so, or constituting irregular action short of a strike.

More seriously, there is a restriction not of the right to strike, which itself would be a restriction against all our international obligations, but on the right to speak in such a manner that workers may do in industry in taking some action even short of a strike to try to deter somebody from not joining a union. In other words, it is a gag, an intrusion into free speech which Rookes v. Barnard taken to extremes could not envisage. It would embrace other forms of intimidation and censorship, the like of which would be more fitting in Prague or Posnan, Burgos or Barcelona. It is astonishing that a man as kindly as is the right hon. Gentleman dedicated to freedom of speech should contemplate such a proposal as is embodied in this Clause. It is an infringement of human rights which nobody on this side of the Committee—and I hope that this goes for the representative of the Liberal Party who is present—could possibly support.

It defies the I.L.O. Convention on the right to strike, but goes far beyond that in suppressing strongly held feelings on the shop floor or indeed in the classroom. It is intended to deter, penalise and discriminate against ordinary free men and women in what we all thought was a free society.

It is not only aimed at the shop floor workers but basically at trade union officials trying to do their job. It is aimed at journalists and at politicians and at political commentators. We know that the hon. Member for Ormskirk (Mr. Soref) sees a red on every cathode ray tube, be it coloured or black and white; and this could be applied even to a commentator of the B.B.C. or I.T.V. if his words were interpreted in this way. This could lead to a form of censorship. But it also deals with financing, so that the £5 that my hon. Friends and I gladly donate towards the cause of the postmen in a strike forced upon them by this Government would probably be brought before an industrial tribunal or the N.I.R.C. because of our actions, because we would be financing a strike.

I am sure that everyone of my hon. Friends and I who contributed in this way would be guilty of an offence under this Bill. Mr. Silverthorne in Rookes v. Barnard had no contract to break, not being an employee, but he was a trade union official inducing others to break their contract. Mr. Justice Sargant in that case called the right of a trade union to strike to enforce a 100 per cent. membership something enshrined in our legal system.

My hon. Friend has mentioned that in looking at Clauses 5 and 6 there is a reference back from Clause 6 to Clause 5 and he gave an illustration. Would he agree that in regard to Clause 6 one could have an irregular industrial action short of a strike spontaneously on the shop floor relating to the dismissal of a worker under Clause 5(2) (b) who under Clause 5(1) (a) had joined an organisation of workers which was not a trade union? He is not given a right under Clause 5(1) (a) to do that. Therefore, it would not be unfair if the employer dismissed him under Clause 5(2) (b) and an irregular industrial action short of a strike would not be an industrial action. Is this not an invitation to irregular industrial action and would this not undermine the strength of trade unions?

My hon. and learned Friend is making a very good point on the legality of the closed shop. "Trade union" in the Bill means a registered trade union. I think my hon. Friend has in mind that, enshrined in this so-called charter of rights for workers, is the right not to belong to a trade union, but what is not protected is the right to belong to a trade union which is not registered. What my hon. Friend said must follow if one reads it in the light of the cross-references from Clause 6 to Clause 5 and then to Clause 5(1) (b). When one gets into those kind of technicalities one understands why the trade union movement, and indeed all those persons who are concerned at the chaos which this will inject into industry, are concerned about this kind of drafting in a Bill of such major importance.

The protection afforded by the 1906 Act against inducing breach must now be rendered valueless in the light of this Clause in respect of those matters set out in Clause 5. It is one of the many inroads which will be made by Parliament despite the courts, into the protection, long built up over the years, regarding liabilities and immunities. At a later stage we shall be debating Clauses 85 to 87 which virtually nullify the protection afforded to trades unions and their servants and which virtually puts unregistered trade unions outside the law.

So the guillotine is to fall not only on this Committee, but upon everyone remotely concerned with problems in industry who may wish to advocate a closed shop because he may fear that what he says will lead him to being charged with threatening—that is all one needs to do —to procure or, indeed, procuring some action which workers may take towards that end even if that action is not a strike.

I really think that the right hon. and learned Gentleman must understand the far-reaching nature of the Clause. We know how difficult it is to retract when one has made a mistake, but, even at this late stage, if the right hon. and learned Gentleman will not accept deletion of the Clause, I ask him at least to undertake to reconsider it on Report. The right hon. and learned Gentleman must know that the Clause is offensive to anybody with a liberal conscience because it is not basically dealing with strikes or action short of a strike; it is dealing with the right to speak, the right to advocate action—indeed, the right to pay money to somebody or the right merely to make a statement that may result in, say, teachers refusing to take dinner money. There will be a lot more dinner money to take very shortly, and nobody will blame the teachers if they refuse to take it.

In the interests of harmony in industry, I appeal to the right hon. and learned Gentleman to understand that what he is doing will impose a gag upon the worker on the shop floor or in the office in the way that his right hon. Friend has imposed a gag upon right hon. and hon. Members.

I want to make a brief intervention to underline what has been said by my hon. Friend the Member for Manchester, Blackley (Mr. Rose).

Clause 6 introduces a new concept into industrial relations which will be enforceable by law. It is concerned not merely with whether a worker has gone on strike but if he even threatens to take such action, or if he decides, because of pressures within an industry, to go slow or not to co-operate with the employer. In such circumstances the employer can use the provisions in the Clause to threaten a worker whom he feels is not working hard enough.

In the engineering industry there is a worker—a most peculiar animal— who is classified as of average ability. I have never found him. Whether he works hard or not so hard, in the middle we have the anonymous worker called the worker of average ability. I can see the provisions in the Clause being used as a means of pressurising workers not only in the classic go-slow case which we had recently in the electricity supply industry but in any factory where a decision is taken to go slow.

To write into the Bill provisions affecting a worker's virtual liberty to stand up for himself and to disagree with his employer and for the employer to be able to say to him, "You are taking unfair industrial action and I can take action against you through the industrial court for this", does not, in my opinion, auger well for industrial relations.

A new concept has been written into the Bill. Not only do the Government want an open-and-shut case on withdrawal of labour; they want to close every door. They want to encompass the whole trade union movement with legislation governing go slow, threatening to go slow, threatening not to co-operate, and so on.

We do not want to prolong the debate —my hon. Friends and I are making brief speeches—but we regard this as a point of major principle.

I, too, will be brief.

This is one of the most shocking Clauses in the Bill. I have heard hon. Members—indeed, I heard the late Sir Winston Churchill on one occasion—say that it must be the right of every free man or woman to withdraw his or her labour if for any reason he or she feels that to be necessary. What have we here? Not only will they not be entitled to withdraw their labour, but even the threat of withdrawing their labour will be liable to penal action.

I do not know whether the lawyers who drafted the Bill have worked in factories, such as Fords, or in the docks. Do they really not understand that when workers get hot under the collar and lose their tempers they may say that they will call the workers out, but that at that moment it is the last thing they mean? But if the employer responds a little too aggresively, the whole thing can go up and, under the Bill, action can he taken immediately.

I want to illustrate the point by what has happened in this House. We have a strike in this House——

No, not a go slow. We are going very fast. The Government have broken their word to have discussions and negotiations. Because of their lack of understanding and appreciation they have forced through a guillotine and they now have the audacity to say that we, who are not in control of the affairs of the House, have brought about a strike, or the equivalent, in this House, because of the action which we have had to take.

The Government are now going to impose penal actions upon the ordinary workers and trade unionists of this country. The Government can do what they like. They can bring in anything they like. However, I prophesy that they will never stop strikes, because workers are far too clever to be caught by these highly-paid lawyers.

I ask the Solicitor-General to consider this point. I speak with experience. I am the only Member of Parliament present who, whilst an M.P., has called, taken part in, and led strikes one after the other for many weeks on end. Some of my hon. Friends will remember the Savoy Hotel strike, the Ritz, the Dorchester and the Mayfair, when I had the employees out for weeks on end. Indeed, some of them were not members of the union originally, but they all joined. There are 101 different ways of going about things.

What will happen? I may say to my workers, "Look, boys, you must not strike. I am telling you that you must not strike because it is against the law. Nor must you threaten to strike." If it happens to be Ascot week and all these Tory Ministers and hon. Gentlemen and company directors are going to Ascot, I may say, "Boys, do not strike. If you want to go to Ascot, spend a week there, but do not say that I said so, because I am saying that you must not go." They all go to Ascot and see all the company directors and the millionaire supporters of the Tory Party there.

I might even suggest that it is grouse shooting day, but they must not take time off to go grouse shooting. I tell them that they must not strike, and that I am not threatening a strike. I say to the boys that they must all decide whether they want to go grouse shooting and when they get there they find a number of Tories who are wasting their time. The official statistics of days lost never include all these Tories who go to the Derby, to Ascot, or to play in golf tournaments.

It may, on the other hand, be a day when some Tories are at work and not attending horse race meetings——

Mr. David James rose ——

8 p.m

Wait a moment. Do not be so impatient.

Perhaps all the boys decide that they have headaches. Perhaps they all decide to go and see their doctors. They all decide to have a medical examination. I tell them not to strike. I tell them that I happen to be going to see my doctor at twelve o'clock, and suddenly all my workmates in the factory decide that they will go to see their doctors at the same time. Is that a strike? I can imagine what will happen at Fords. The shop stewards at Fords will have some fun with this provision. I can imagine what will happen when Arsenal are playing at home. They will say to the lads, "You must not strike, but we have a few tickets and we are going to see the match".

As one of those wicked Tories who would die of boredom if he went to Ascot, may I ask the hon. Gentleman why should anyone who works in any capacity not take his leisure in the manner that he likes?

I am pleased that the hon. Gentleman has asked me that. Why should not workers go to see a football match? The Solicitor-General will no doubt say that they are striking, but they are not going on strike. I am saying that this Clause is absurd, that it is ridiculous. It will not achieve what the Government want. I could drive a horse and cart through this provision. I shall have all the time off that I want. This provision will not stop me.

By carrying through this provision the Government will get the backs of the workers up, and responsible trade union leaders will find that workers on the factory floor will get round this provision. The Government will cause a lot of bitterness, for no reason, and defeat their own objective.

It is important to realise the tremendous attack that is being made on the freedom of speech. It is a fundamental right to express an opinion, but the only people who will be able to express an opinion about an industrial dispute after the Bill becomes law will be Members of Parliament, who are protected by privilege.

In a great speech to the Labour Party Conference my hon. Friend the Member for Salford, West (Mr. Orme) urged the miners to vote in favour of strike action. Under the Bill his speech would have been illegal because my hon. Friend had no direct interest other than as one trade unionist speaking to another. I should regard that as a direct interest, but under the Bill he would be regarded as having no direct interest.

Anyone outside the House who counsels, advises or suggests means of doing things will be guilty of an irregular industrial action. When the nurses came to the House last year—or it may have been the year before—to petition hon. Members I said to them, "If you are serious you should go further than merely raising hell". I was advising them to take irregular industrial action. This is a tremendous attack upon an important principle.

The hon. Gentleman and his hon. Friends have drawn attention from the second part of this provision. No one would be putting himself at risk in encouraging any dispute. The point would be whether it was in furtherance of an unfair industrial action. If it comes at the end of a procedure agreement, or a regular agreement, the person concerned will not be putting himself at risk.

The great point about irregular industrial action is that it generally takes place towards the end of an agreement. When I was talking to some teachers last week they asked me, "What will happen if we refuse to mark examination papers?" I said that that would be irregular industrial action. I told them that even if they were carrying out the main purpose of their contract—which is to educate children and see that they are well cared for in school—and, even if they were doing all the other jobs which they were called upon to do, if they refused to mark examination papers, or refused to supervise examinations, or refused to take part in extra curricular activities, they would be guilty of irregular industrial practice.

I do not want to delay the Committee, and therefore I shall not go into the various contracts of service for teachers which I have here, but the wide and sweeping powers given to local education authorities, as the employers of teachers, make almost any action that they take wrongful industrial action. Our concern about this provision is that we shall not at any particular time know what is or is not an irregular industrial action.

The hon. Gentleman is a lawyer, and I am not. I am following his argument with interest. As I understand Clause 6, it is concerned only with industrial action to procure a result contrary to Clause 5. Is that not so?

Yes. We have debated Clause 5. Many of the provisions in that Clause have been debated in detail. We have objected in principle to matters which it will be possible to regard as irregular action. An example of this is enforcing the closed shop. I say no more, because I am sure that the Committee wants to make progress.

I have a great deal of practical experience of the engineering industry. When people talk about agreements, they usually have in mind twelvemonth or three-year agreements. It ought to be realised that in the engineering industry agreements are made every day, and every week. What would be the position if a group of people, who were being given a new job and were to be paid at what are called estimated time rates decided not to work under those conditions? It is known that estimated time rates are very much lower than the eventually agreed time rates. If they were to say that they were not prepared to accept the estimated rates, would they be regarded as being on strike?

Yesterday the Minister said that he had had consultations with the Engineering Employers' Federation. Has that matter been discussed? I assure the Committee that piece-rate times are always a matter of great argument, and eventual compromise, and that very often while these arguments are taking place means are found of accommodating the workers.

Will the Minister say that in those circumstances the people concerned are invoking a strike? Does the Minister intend to create a situation in which the amount of discussion on serious issues will be curtailed? Does the Minister think that by this process he is introducing anything that is remotely connected with industrial peace?

Hon. Members opposite are at variance with the Clause as I understand it. It seems that this Clause gives effect to the previous Clause which has already been approved. We have listened to the hon. Member for Gloucestershire, West (Mr. Loughlin) saying that trade unionists would unite to defeat those rights. This Clause will prevent that taking place.

Any Bill dealing with industrial relations should be aimed at improving them. This Clause will cause more trouble in industry. Anyone who has any knowledge of agreements or conditions knows that no matter how well the case is put, if an employer is stubborn and adamant, then the trade union leader will fail to get what he wants. What happens? The trade union leader goes to his branch and his members are dissatisfied. They are moaning, and anyone in that mood who can be accused of procuring or threatening industrial action would be liable under this Clause.

If this is so, what will happen to industrial relations between employer and employee? It is said that management in this country is of a low standard compared with other countries. That is where the stubborn management comes in. When managements refuse to be reasonable they create militancy and when they fail to deal with the fair-minded unionists the militants step in and threaten a strike. Within 24 hours there is an increase in wages or conditions are improved, or both. That is tantamount to inviting the militants to take over. The stubbornness and foolishness of the employers has created this position which is detrimental to the trade union movement.

This Bill will cause more disruption throughout industry. This Clause is disgraceful. It will encourage people to find ways and means of fighting the obdurate and stubborn manager—and industry is full of them. I am surprised that any Government has the audacity to bring forward such a Clause thinking that it will improve industrial relations when it will make them worse.

I have listened with increasing bewilderment to the debate. The Amendment was introduced by a lawyer and I am not a lawyer. We have heard some eloquent descriptions of the effects which the Clause might have, but as I read it, it refers to Clause 5(2) and appears to be protecting the unions from an unfair industrial action by the employer.

The hon. Gentleman should understand that Clause 5(2) refers in turn to Clause 5(1), which means that it refers to the right not to join a union and enshrines that right. The action envisaged is in relation to opposition and those people who want to act as free riders.

I am obliged to the hon. Gentleman, who has narrowed the debate to a situation in which an employer might be induced to sack his employees. It seemed that the debate had been widened well beyond that point towards industrial situations which could not possibly be covered by the Clause. I hope that my right hon. and learned Friend can clarify this.

8.15 p.m.

There are about 500,000 teachers in England and Wales controlling the lives and destinies of 5 million or more children. As I understand the Clause, it will eliminate all industrial action short of a strike and, in effect, make the strike the only sanction in the event of a dispute. When teachers have disputes with their local education authorities, they do not necessarily want to have a strike. They would rather operate sanctions such as refusal to collect dinner money, refusal to participate in out-of-doors activities after school hours, refusal to do marking, collect savings, take the children on holiday or on weekend activities.

The hon. Gentleman has not explained how any of these examples get within Clause 5.

Hon. Members opposite have referred to the reference in line 22 of Clause 5(2) of the Bill as though that were limiting subsection (2) of Clause 6. This is the definition Clause of the Bill containing the definition of irregular industrial practice, and this is the time to show up some of the absurdities which exist.

This is a myopic Clause and an incitement to members of the teaching profession to strike.

I anticipate that the Solicitor-General's argument will be that the Clause is narrowly drawn, and this is also my reading of the main substance of Clause 6. Also, subsection (2) attempts a definition which will be valid throughout the Bill. So there are two aspects which have not been clarified until recently and it would create common ground if they could be accepted and we proceeded from there.

This general definition is obnoxious to us and to the unions, who are not prepared to accept it. This subsection refers back to Clause 5 and this narrower part of its purpose is just as obnoxious. Now there should be no more disagreement about what we are attacking.

I deeply object to what is being done in the narrower subsection (1). We must refer back to the text of Clause 5, from which hon. Members on this side tried to remove the words from "or" in line 17 on page 4 to the words "other such organisations". The Government objected to that and called on their supporters, so these words are part of the Clause. Therefore, the far-reaching definition of unfair industrial action in Clause 6 will come fully into operation if any of these words are acted against or if anyone believes that this is happening and brings a charge. This puts workers and unionists into the greatest jeopardy and this is what we are all concerned about.

May we be clear that this would not have applied in the circumstances of the recent calls for a strike in the mining industry?

It is not my purpose to adjudicate in a brief debate on matters which would have to be decided by an industrial court. We are discussing the importance of these two Clauses and pointing out why this narrower part of the Clause would put many union officials and members into great jeopardy.

It is evident from the words which have remained in Clause 5(2) (c) that, if work people or a union section objected to the way in which an employer was approaching the membership in his plant, under this new and wide definition, they would not have to proceed to a strike. All they would have to do is talk about these matters clearly and frankly, as British workers normally do, to their employer. Under the provision of the narrower part of Clause 6, they would then be committing an unfair industrial practice, with all the consequences.

At that point they can talk about anything they like and discuss the situation they face. The only time when they would be put at risk is if they started considering what action they might take in breach in an agreement.

That intervention is of no value, because it will be up to the new courts to determine whether the way in which the workers got together and conducted the interview with their employer constituted an offence under this definition. It would not be left to the hon. Gentleman, who will have nothing to do with it at that stage, to say what these people were doing or not doing. This has to be interpreted, which is why we should have more time for these matters in Committee and why it is absurd not to have a fair amount of time for each of these vital clauses.

We now have a chance as legislators to ask for the Government's interpretation, but even that is not binding on the courts—only the text is. When the hon. Member for Bridgwater (Mr. Tom King) has more experience of these debates, he will realise that this is the vital stage of the debate, for which we need most time. What is the situation if this group or any other group of work people were to decide not to accept something, and then asked for a meeting with the employer and told him that they could not guarantee that, if he persisted in what they regarded as an irresponsible course, there would not be a very strong feeling, with all the consequences?

As anyone knows who knows anything of industry, these interviews are common practice among normal human beings. This absurdly wide definition will put work people into great jeopardy. The Solicitor-General should justify this monstrous departure from custom and practice in British industry.

Nothing that my hon. Friends have said is invalidated by some confusion which might have existed as to the legal provisions. Everything that they have said from their knowledge of industry, of the mines and the factories, is wholly valid, although the first part of the construction is narrow and the second part is wide.

Would my hon. Friend not agree that most branch meetings and shop stewards will fall foul of this Clause? When a problem arises on the shop floor, the workers discuss it, see the manager, and report back that he will not budge because he is as reactionary as the Conservative Party, with a completely closed mind. The next logical step is to ask where they go from there, and at that stage they would be in contravention of this Clause.

I agree with my hon. Friend on the general definition in Clause 6. The industry which he knows best, the steel industry, for instance, is also likely to be in jeopardy under the narrower part of the Clause. In the steel industry there is a great deal of consultation with the unions on promotion, on the workers in the plants, their qualifications, and matters of that kind. It is certain that that will be in jeopardy under the general definition and under the narrower part of that Clause.

Everything advanced by my hon. Friends in this important debate, whatever may have been the legal contusion in earlier parts, remains wholly valid because under the wide definition this kind of jeopardy will certainly arise

8.30 p.m.

The Clause is particularly worrying to me because I used to work in an industry where there was more or less a pre-entry closed shop and an industrial union, to boot. I was a trade union official, albeit in a minor capacity. Part of my duties on behalf of the people I represented was to be what was termed "a pit inspector". People who know anything about the mining industry know that we have been covered by devices, laws, orders and agreements, all relating to safety, for well over 100 years. These have to be policed firmly. A lot of policing is done by union officials and members. As a pit inspector, that was my duty.

I have called, organised and procured irregular industrial action. I have not financed it, but I have threatened to do so. Under the Bill, I should have been guilty of unfair industrial practices. I have prevented, reduced or otherwise interfered with the producition of goods, not for money, but for my members, to ensure that safety regulations were observed, or to deal with anything else which happened in the mining industry which was unsafe or unwarranted or could damage the health of the workers.

It is the definition of the pre-entry closed shop in Clause 5. To ensure that safety regulations are observed in the mining industry, it is more or less imperative to have a Pre-entry closed shop.

When I joined the industry, it was not the trade union that wanted me to join the union. The management instructed me to do so. It was wise to do that, as anyone who has worked long enough in the industry would agree.

Ministers referring to strikes always omit to mention the mining industry. It is no coincidence that it has been a pre-entry closed shop for 20 years. Under the Bill, how will these people be fixed when they carry out their normal duties and look after the safety of the men whom they represent? They are on call 24 hours a day and seven days a week at the behest of their members. If the management or anyone else refuses to take these recommendations into consideration, the only way to enforce the observance of safety precautions is to threaten a strike. These people, doing their job of saving life and limb, will be penalised under the Bill.

It seems that the Opposition have misread the whole Clause. It says: … to induce, or attempt to induce an employer, or a person acting on behalf of an employer, to do anything which, in accordance with section 5(2) of this Act, is or would be an unfair industrial practice… In Clause 5(2), one finds that the definition of "unfair industrial practice" arises from Clause 5(1), where we establish the rights of workers to join or not to join a union. All that Clause 6 does is to define the protection and the right either to join or not to join a union.

If some force is brought to bear upon an employer to prevent or deter a worker from his freedom to belong or not to belong to a union, that is "irregular industrial practice".

The Opposition are introducing a red herring. It is clear that the Bill intends to confer rights upon the worker. However, I am sure that the Solicitor-General will clarify this matter.

What hon Gentlemen opposite fail to appreciate is that Clause 5(2) is a definition Clause which runs throughout the Bill. Secondly, we are changing the nature of industrial action——

Perhaps I might intervene to ensure that both sides of the Committee are clear about the central questions of fact. Clause 6(1) says that it shall be an unfair industrial practice to call or threaten a strike or irregular action short of a strike for certain purposes and only for those purposes. Clause 6(2) defines for the purposes of the entire Measure the meaning of "irregular industrial action". The two points open for discussion are whether it is legitimate to extend industrial action to irregular industrial action short of a strike, and whether it is legitimate to proscribe both when they are directed to a given purpose.

I am grateful for the Solicitor-General's assistance.

As I was saying, we are changing the nature of industrial action, and the Committee is being forced to consider this matter in a very few minutes. That is little better than rule by Fascist decree.

My third point is that the Solicitor-General has spent some time in the D.E.P. offices. Was the power workers' disruption "irregular industrial action"? Was the action of the airline pilots, when they went through their rigorous safety schedules and caused a good deal of disruption, "irregular industrial action"? Is careful checking, according to Statute, of safety regulations which causes disruption "irregular industrial action"? We would like an answer.

It may be for the convenience of the Committee if I intervene in the debate at this stage.

Perhaps I might begin by dealing with the examples which the hon. Member for Norwood (Mr. John Fraser) put to me, before coming to the more substantial parts of the debate.

The Clause contains the two concepts, and it is right that they should be both considered. However, they both stand on this premise of principle that, from the point of view of the Government, my hon. Friends and many people outside the House, quite apart from a number of hon. Members opposite, whatever form industrial action takes it is a weapon which is formidable and is to be regarded as a weapon of last and not of first resort. I do not wish to overstate it, but it can inflict damage on individuals, groups of individuals and society on a scale which is hard to justify. But we are balancing these matters all the way through.

There is a difference between the two sides of the Committee. We believe that there are certain areas where industrial action goes beyond what can be justified. I do not want to be provocative, but I ought to point out that in "In Place of Strife" the phrase "coercive action" is regarded——

I am sorry, but I wish to establish a certain community of ground before moving to——

I am aware that certain hon. Gentlemen opposite disagreed with that——

I am clear about that. I am aware that that White Paper was brought before the House by the right hon. Lady in March, 1969, and secured approval——

On a point of order. We are under the guillotine. Two or three valuable minutes have been taken up with what was or was not in "In Place of Strife". We are not debating that. We are debating whether the Clause shall stand part.

I am sorry if hon. Gentlemen opposite react with such sensitivity.

If hon. Members allowed me to make my speech we should have advanced a good deal further.

In that document which we scarcely dare mention in the Committee, with which the country is familiar, there were identified certain coercive actions that could be taken by way of industrial action, in respect of which it was legitimate, in the judgment of the right hon. Lady, for the community to intervene.

Which is why a minority of the party opposite did not support it when it was debated. In contrast, our party, supported in some respects by the Liberal Party, suggest that there arc certain areas where industrial action, however defined, should be restrained unless the objective can be justified by fair and reasonable standards. That is the first, central proposition.

The second proposition is that in certain cases irregular industrial action short of a strike can have the same effect, can be just as damaging and just as disproportionate to the objective, as full-scale industrial action. It is for that reason that we include that in the Clause. Irregular industrial action short of a strike becomes disqualified throughout the Bill by subsection (2) only if it is taking place in breach of the contract of employment of those concerned.

The question of the power workers' dispute was raised. No more than anyone else can I advise without an analysis of the facts in great detail. If the proposition is that workers in that dispute did not break their contracts of employment, it was not irregular industrial action short of a strike. If that produces a situation somewhat less full of light than we should have liked, that may suggest that there was something wrong with the contracts of employment. The same applies to the airline industry. The hon. Member for Flint, East (Mr. Barry Jones) spoke about the teachers' rôle. Many of his examples were of activities that do not fall within the contracts of employment of teachers. The collection of dinner money, I believe, is still expressly proscribed by the Education Act. Participation in after-school and holiday activities, again, is outside the contract. In other words, not all the things mentioned amount to breaches of contracts of employment.

The hon. and learned Gentleman ran through a list, and said that collecting money might not come under the contracts of teachers. Would he be good enough to explain the following situation involving doctors and nurses, particularly those in the National Health Service? They have to perform all sorts of duties, some of which are offensive to their religious beliefs and their conscience but which, under their contract, they must carry out. For example, some nurses feel that by their contract it is incumbent upon them to work on abortions, but they do not wish to do so. Under the Whitley Council system the nurses in every hospital have their spokesman, usually one of the staff nurses or a sister, and they can have meetings. The management of the hospital might say, "We know that you have strong feelings about being involved in abortions", or, "You are a West Indian, Indian, Pakistani or Catholic nurse"— [Interruption.] This is the real point of the Clause, that the nurse might have objections to doing something, and a reactionary person in charge of the hospital could use the Clause and damage the whole system. That sort of thing could spread very quickly. This is a very serious point, and I am sure that the Solicitor-General will take it seriously.

[Mr. J. C. JENNINGS in the Chair ]

8.45 p.m.

I wonder whether the Committee can recall what point we had reached before the hon. Gentleman's intervention. I was giving illustrations of matters that could or could not amount to breaches of contracts of employment. The hon. Gentleman takes the question a stage further. The central point that I want to get across first is that to qualify at all an action must be in breach of the contracts of employment. Beyond that——

Mr. McNamara rose ——

I must be allowed to finish a point or two before giving way yet again.

We are not suggesting that irregular industrial action short of a strike is wrong. [Interruption.] Let me make the second part of the argument. We are saying that there are certain objectives in respect of which such action should not be pursued. The Clause applies only in that very limited way. A number of points put by hon. Members opposite were illustrations of objectives that would not be proscribed by the legislation. It was suggested that a union official calling, or seeking to call, industrial action on a safety matter would be in jeopardy. That is not so. The ordinary right of the ordinary union official in general terms to induce industrial action, or threaten it, over a matter of interest such as a safety question, about anything except those matters which are proscribed by the Bill, is unimpaired by the Bill. That is the central point, which applies to many of the examples given. To induce the present Post Office workers' strike in support of a legitimate dispute of interest is not unfair. Many of the examples were not realistic.

The hon. Member for Dearne Valley (Mr. Edwin Wainwright) gave a general and useful example of a day-to-day dispute in the factory or work place whether it was thought that the management was reacting intolerably or unreasonably. If the union official in that situation tells his branch meeting, "I am not getting anywhere. Let's take this further, and if I can't get what I want I shall tell the management that I shall call you out", he is not acting in pursuit of an unfair objective. It is not, therefore, proscribed by this legislation. This is the central limited concept and it is a fundamental importance.

But it would not be the trade union official who would be taking action but a branch member, because the trade union official had failed to obtain from the management what was thought to be fair and just.

As the hon. Gentleman puts it, the point is that the trade union official reported ineffective action and a discussion took place, with the result that the branch members decided that they should do something further and ceased to work. This brings me back to the point raised by the hon. Member for Salford, West, because this is the other central feature.

The hon. Member for Manchester, Blackley (Mr. Rose) said that we had taken no account of paragraph 854 of the Donovan Report, which said that, if a group of people collectively agreed to break their contracts of employment, that could, under the law as at present, amount to actionable conspiracy. We have taken account of it. In a later part of the Bill, such an agreement is expressly excluded from being actionable. Such an agreement by members of a union or workers together to quit work, to withdraw their labour, is in no sense obscured. The right to withdraw labour is not assailed here.

The target is limited to industrial action, as prescribed, in pursuit of an unfair objective if it is induced in pursuit of that objective. The remedies proposed are against those who call or organise or provoke or procure industrial action, as defined, to secure the limited objective. Over the rest of the field, the right of individual workers to withdraw their labour and the right of trade unions to organise and take part in strikes are unimpaired. It is a limited but legitimate objective that we pursue here.

I hope that I have set the perspective. In the context of the Clause, the area we are concerned with is the organisation of industrial action to bring pressure to bear on an employer to infringe a worker's rights as set out in the Clause. Of course it is linked with the concept of our previous debate on the purpose of Clause 5 and is something on which a difference on principle divides the Committee. It is a principle we have tried to assert and we believe that we have got the right balance. I invite the Committee at least to acknowledge that there is no monopoly of the liberal conscience in the Committee. I am as concerned for freedom of speech as any hon. Member.

At least we agree that, in reference to Clause 6, we are also referring to the whole of Clause 5, as now passed by the Committee. But does not the Solicitor-General realise that, by retaining the words which the Opposition were seeking to remove, the whole disagreement, not only between the two sides of the Committee but between the trade union movement and the country in the approach to the closed shop, the union shop, is now brought into new and novel jeopardy by relating it to Clause 6(2), whereby workers do not have to go on strike to prevent the employer taking on non-union labour? All they have to do is have a discussion, meet their employer, engage in normal frank talk, as British workers are accustomed to doing, and they find themselves in jeopardy through the connection——

Order. Interventions should not be speeches. They should not be so long.

I am just finishing, Mr. Jennings—through the connection between Clause 5 and Clause 6.

The hon. Gentleman is taking me back over ground I had already covered and I do not want to go back. But it is quite wrong to say that participation of a group of workpeople in a discussion with a view to meeting the employer is the sort of situation that comes within the provisions of Clause 6. This is why I want the Committee to understand the extent to which the case is being overstated and why it is important for me to make it clear.

I come back to the point that it is the person who organises, and with that organisation threatens, the pursuit of this particular objective, and only that, who is here got at. I come back on that limited framework to the purpose of Clause 5. Here we do have a difference of principle between us. It would be futile to say that it was wrong for an employer to discriminate against someone because he declined to join a union, or coerce someone into membership against his will, and at the same time to leave it free to the union to act. It is for that reason that we arrived at this conclusion. There is a balance which we believe we have struck correctly, in the name of liberalism, in the belief that, as society is changing, so the values of which the hon. Member for Birmingham, All Saints (Mr. Brian Walden) spoke yesterday should change and the belief of union members in restraint in the exercise of industrial power at the expense of an individual's liberty should be given greater weight.

It is wrong to suggest that all those who support solidarity and mass action are on the opposite side of the Committee and all those who stand for individual freedom and care nothing for anything else are on this side of the Committee. Whether in the working class or the middle class of society, as the hon. Member for All Saints tried to divide it, we all share the desire to pursue both objectives, loyalty and solidarity when it is right and respect for the rights of the individual in the last resort when that is right.

It is in pursuit of the right balance of those interests that we put before the Committee and the country this reasonable, fair and retrained attempt to check industrial action when it threatens to over-ride and crush the individual who, in the last resort, deserves to be saved.

On that basis, I invite the Committee to endorse the Clause and allow it to stand part of the Bill.

I do not think that the Solicitor-General can be allowed to escape from the perceptive clarity of my hon. Friend the Member for Penistone (Mr. John Mendelson) who divided this Clause into its essential parts. He cannot escape from this new definition, introducing an entirely new concept, so well described by many of my hon. Friends including my hon. Friend the Member for Salford, West (Mr. Orme) and Flint, East (Mr. Barry Jones), who referred to teachers who refused to undertake certain administrative duties. This applies throughout the Bill, in, for example, Clause 16(2).

This is a wide-ranging definition which applies right across the board. The nub is the first limit applying to actions to further the closed shop. The right hon. and learned Gentleman has dodged the issue, because it does overturn Rookes v. Barnard , it goes in the opposite direction. He knows this and he knows that it is flying in the face of Donovan. He has not dealt with the vital matter which my hon. Friend the Member for Kingston upon Hull, North (Mr. McNamara) dealt

with, the matter of freedom of speech and opinion, the fact that, as my hon. Friend the Member for Penistone said, an expression of view to a manager, a threat, would in itself be an offence under the Clause.

This may be a spontaneous outburst of anger on the shop floor. How is the management to know when a man working with a machine makes a remark such as to procure others of his colleagues to come out on strike? There is only one way and that is by the spy on the factory floor, the man who goes to the boss and tells what has happened. It is perhaps too late now for the Solicitor-General to tell us about this, perhaps he will do so on Report.

What happens when that someone is not a person working on the factory floor but a politician or a journalist? When my hon. Friend the Member for Salford, West (Mr. Orme) spoke at that Labour Party conference, although his speech did not have a bearing on a strike of this nature, it might have done and that is the point my hon. Friend the Member for Kingston upon Hull was making. If his speech had referred to a strike of this nature, he would be guilty of an offence although he would not be the person working on the shop floor. Under this Clause the journalist or politician or the broadcaster on the B.B.C., may well be guilty of an offence.

It is an example of bad drafting, a complete misunderstanding and rejection of freedom to organise, to speak and to act. There are two concepts with which this side of the Committee takes issue. First is the importation of a new concept of action short of a strike and second, the ending of freedom of speech on the factory floor. Therefore, I urge my hon. and right hon. Friends to join me in the Lobby and vote against the Clause.

Question put , That the Clause stand part of the Bill:—

The Committee divided: Ayes 297, Noes 262.

Clause 6 ordered to stand part of the Bill.

Clause 7

PRE-ENTRY CLOSED SHOP AGREEMENTS TO BE VOID

I beg to move, Amendment No. 370, in page 5, line 35, leave out 'as employees persons' and insert 'workers'.

It might be for the convenience of the Committee to take Government Amendments Nos. 371 and 372 at the same time. Then, when the Question is put at the end of the debate, it would also save time if I were allowed to put the three Amendments together.

I believe that it would be for the convenience of the Committee to take these Amendments together since they all achieve exactly the same effect as the three Amendments which the Committee has already accepted to Clause 5. The effect is to substitute "workers" for "employees" in three places in Clause 7 so as to make the provisions of Clause 7 march in line with those of Clause 5. Since the Committee has already accepted the Amendments in relation to Clause 5, I have no doubt that it will agree to do so in respect of Clause 7, too.

Amendment agreed to.

Further Amendments made: No. 371, in page 5, line 37, leave out 'as employees persons' and insert 'workers'.

No. 372, in page 6, line 2, leave out 'as employees persons' and insert 'workers'.— [The Solicitor-General.]

Question proposed, That the Clause as amended, stand part of the Bill.

9.15 p.m.

I do not apologise to the House for being brief on this Clause, but we feel that it is important to make clear that the Opposition are totally opposed to it since it makes void the pre-entry closed shop. We are here talking about some 750,000 workers who are affected, as was made clear in the Donovan Report; and I should make it clear that I am talking about the pre-entry closed shop and not about the closed shop as such. Although out of some eleven million trade unionists only 750,000 are affected, the Government have decided, for reasons which become clear as we go on, to make void this principle.

Yesterday the right hon. Gentleman developed the point about industrial democracy. Closed shops, including pre-entry closed shops, were arrived at precisely because of the exercise of industrial democracy by workers in industry. I should like to tell the right hon. Gentleman how a closed shop comes into existence. I have had personal experience. Workers in a furniture factory at which I was employed discovered that they had an overwhelming majority—99.9 per cent.—belonging to their appropriate trade union. On that basis they felt that they could not in future continue to work alongside non-unionists, not because they had any conscience clauses but because these other people were not concerned with their consciences. In the circumstances they felt that they ought to ask for and negotiate a closed shop with the management. They did. It came about through the exercise of genuine industrial democracy, because the majority felt that they ought to ask the management to agree to the closed shop principle. This was accepted by the management, because it also involved the acceptance of professional qualifications, if one can call the trade of carpenter and joiner a profession. The management realised that by having a member of the Amalgamated Society of Woodworkers—a man could not be a member of that union unless he had the necessary qualifications laid down in the rules—it was getting a fully qualified worker.

It is no different from the lawyers who decide to have a closed shop on the basis of qualifications. If the right hon. Gentleman or one of his hon. Friends can say, as was said earlier, that he recognises that for lawyers and doctors there would have to be some definite exemption, that can equally be said for other workers in that kind of situation. One of my hon. Friends, who I hope will be called to speak, because he has great understanding and knowledge of the mining industry, will be able to tell us about the miners.

I make it absolutely clear that we are opposed to the Clause for the reasons I have expressed. But I want to make one or two further points. Some unions—this point has been made time and again —will, or could, go out of existence if the closed shop principle is not accepted. Equity, the National Union of Seamen, and many other unions are in that situation.

The right hon. Gentleman has promised to look at the situation. If the right hon. Gentleman is prepared to look at the situation, in the meantime he ought to be prepared to take back the Clause completely and perhaps we could, at least on this issue if on no other, reach some kind of understanding. Indeed, the right hon. Gentleman could enter into proper consultations and negotiations with the Trades Union Congress. It would be a change from the kind of situation we have had so far.

My last point concerns the second part of the Clause which, again, deals with unfair industrial practices. Throughout the Bill, not just the previous Clause, we come up against the whole question of unfair industrial practices. The fact is that anybody organising, procuring or financing a strike, or even threatening a strike, can be carrying out an unfair industrial practice, and in this case it would be in relation to the pre-entry closed shop.

But it goes further. It means that anyone who creates a go-slow, or an overtime ban, or takes any other action short of a strike, is carrying out an unfair industrial practice. Does it mean that if all the lads decide to sit down in the middle of the shop floor for one hour to express their view about this matter they are carrying out an unfair industrial practice?

The right hon. Gentleman said earlier that it was the organisers who would be involved. How does one organise anything? Who are the organisers at a meeting of workers? They are all organising. Or is it to be the shop steward, or the one person who happens to suggest that there should be a form of action? I do not want to develop this, because it was dealt with in the previous debate, but here is another good example of the difficulties and the problems that will arise, and it shows clearly the basic underlying attitude of the Government to the trade unions, to shop stewards and to workers.

Why are the Government bringing in this provision against the pre-entry closed shop? They argue that the liberty of the individual is at stake. Everybody knows that in this country and elsewhere the liberty of the individual is very limited, indeed. Even in the most democratic country it is ridiculous to talk about the liberty of the individual in that sense. What is involved here is not the liberty of the individual. What we are concerned with here is a direct attempt to weaken the trade union movement. It is that which lies behind the whole philosophical attitude—and it is a philosophical attitude—of the Government, because if this provision were intended to represent a practical attitude to industrial relations it would not be in the Bill, because it simply would not be worth it. This provision has been brought in to deal with three-quarters of a million workers, and the only reason for its inclusion in the Bill is that the right hon. Gentleman and his hon. Friends wish, in one way or another, to weaken, and in some cases to destroy, the trade union movement.

The charge made by the hon. Member for Liverpool, Walton (Mr. Heffer) is utter nonsense. It is completely untrue, and nobody knows it in his heart better than the hon. Gentleman does himself.

The pre-entry closed shop, which is what we are talking about, is not, as a matter of fact, all that widely practised throughout industry.

My hon. Friend said that it affected three-quarters of a million workers.

Yes, out of 20 million. I said that it was not all that widely practised. It is certainly not all that unanimously supported by trade union leaders throughout the union movement.

There is a much closer balance of argument about a post-entry closed shop. We had that yesterday, and I admitted that it was not black and white, that there were arguments on both sides, and that it was a delicate balance to strike. I think the Committee found that.

Mr. Swain rose ——

No. I want to get on.

The pre-entry closed shop is something quite different. It can be, and we all know from our experience on occasion has been, used unduly to preclude candidates for particular sorts of employment. I do not want to aggravate the proceedings this evening by mentioning any particular industries, but if hon. Members are honest with themselves they will admit that there are some industries in which the pre-entry closed shop operates, where access to that profession or trade is limited, sometimes even on family grounds, and this cannot be right. The pre-entry closed shop is, in effect, a form of unilateral control by a union over the rights of individuals to seek employment for which they are qualified. I do not believe that it is necessary, or even begins to be necessary, to protect the rights of the majority.

The argument about post-entry closed shops is much more difficult and much more finely balanced. The arguments in favour of the pre-entry closed shop are virtually zero in terms, in 1970, of there being at all necessary to protect the rights of the majority, the security of the trade union or any other reasonable industrial objective. If there is one part in the Bill——

Mr. Loughlin rose ——

I am afraid that 1 cannot give way. We have to move on. The hon. Gentleman can make his speech in a moment. If there is one part in the Bill——

Order. Hon. Members should let the debate go on without interruption. The hon. Member will get his chance if he rises later.

Order. I said that the hon. Gentleman will get his chance if he rises at the appropriate time. There is no need to waste time like this.

I am very sorry, Mr. Jennings. I merely said that I wanted to help expedite business.

As I said the other night, one cannot get it right. If one gives way and lengthens one's speech, one is attacked for wasting time; if one does not give way, one suffers interruptions like that.

We are certain that the pre-entry closed shop is not necessary for union security or any other reasonable purpose. We believe that it is unnecessarily illiberal, in that it can keep from employment people with a perfect right to it.

As to the question of qualifications of entry, there is nothing in the Bill to prevent the unions making an agreement with employers about conditions of entry based on skill or qualifications, provided that union membership is not a restriction on the original entry to employment. We believe that that is a perfectly proper provision, and I ask the Committee to approve the Clause.

I listened carefully to what the Secretary of State said——

—and I should like him to clear my mind about what will happen with regard to the Co-operative movement. In this movement, which is owned by the rank-and-file members, the members may decide at a quarterly meeting that it is desirable that every man who works for the society should be a member of a union. Eventually a resolution is minuted to this effect, that the movement itself—we should remember that the bosses are the consumers, the ordinary members of the movement—has decided that every employee should be a member of the movement. Not the union, but the people who own the establishment, the ten million rank-and-file consumers, decide this.

This is pre-entry, because many of the people who come have never been in a union. When they seek that employment the society says that there are two rules with which they must comply. The first is that every employee must belong to the superannuation scheme. Perhaps hon. Gentlemen opposite consider it an infringement of personal liberty to compel a man who wants to stand on his own feet to join a superannuation scheme. The Co-operative movement also tells an applicant—remember that it is the employers saying this on behalf of the shareholders; they are all shareholders —that he or she must join a trade union.

9.30 p.m.

The distributive trade is one of the worst-paid sections of British industry and commerce. Gradually, because of the effort of the Co-operative movement and, for example, U.S.D.A.W., better conditions and pay have been secured, and we want to be sure that this improvement, which has been going on for half a century or more, will be allowed to continue by the Co-operative movement being permitted to maintain the principle of obliging its employees to belong to a union and to join the superannuation scheme.

Is there anything wrong in an applicant for a job being told, "Our shareholders, ordinary men and women, think that every man and woman should belong to a trade union and subscribe to a superannuation scheme"? Why should not an applicant observe those conditions? Because of the efforts of the Co-operative movement, some sections of private employment are following suit, though it is in the distributive trade that abominable wages are still being paid by many employers.

My simple question is whether the Cooperative movement will have freedom to observe the principles which I have outlined, remembering that it has observed them without strikes for half a century for its 400,000 employees.

The quick answer to the hon. Gentleman's question is that the Co-operative movement or any other employer will be able to make an agency shop where union membership is a condition of employment or, failing that, there will be the payment of an agency fee or, failing that, if there is a conscientious objection, there will be a payment to charity. However, it would not be able to insist on a particular employee being a member of a particular union when applying for a job.

I made it clear that the movement does not say that he must be a memeber of a union when he applies for a job. The applicant is told that he may have a job if he obeys the conditions which I mentioned. Will the movement be allowed to apply those two conditions once the Bill becomes law?

We discussed this yesterday. [HON. MEMBERS: "Answer."] A post-entry closed shop in the old-fashioned sense will not be in order, but an agency shop will be, and in that case it will be a condition of employment to belong to a union or to pay an agency fee to the union. In other words, free riders will be abolished.

I appreciate the explanation given by the Secretary of State. I and my hon. Friend the Member for Jarrow (Mr. Fernyhough) are associated with the Union of Shop, Distributive and Allied Workers.

We have a situation in which a cooperative society is democratically controlled. Its shareholders instruct the board of management, by rule or by minutes, that the employees of the society, in addition to being members of the superannuation scheme, shall be members of the trade union. That is all right. But one can have the situation where a very small minority of workers in a cooperative society, who may be at some time disguntled over an issue, can frustrate a large number of the employees, plus the intention of all shareholders of the society, by saying that they do not want an agency shop.

I appreciate the points of view expressed by the Secretary of State in his reply to my hon. Friend the Member for Jarrow. But I ask the right hon. Gentleman to consider that one could have in certain circumstances a disgruntled minority which could frustrate not only the trade union members or employees of the society but all the shareholders. The right hon. Gentleman will recognise that a co-operative society's shareholders may number thousands. Surely it is not the Government's intention to frustrate the majority of those people. The right hon. Gentleman has talked about——

Order. There are so many sub-committee meetings taking place on the two Front Benches that I cannot hear the hon. Member for Gloucestershire, West (Mr. Loughlin).

I never bother about the sub-committee meetings, Mr. Jennings, because you and I have had to put up with them for a long time. In the context of this legislation, I ask the Secretary of State to consider whether it is his intention to frustrate the majority when he speaks about safeguarding the minority.

Of course it is not. In the Bill we are not talking about the interests of shareholders, whether they be co-operative shareholders or shareholders in a limited liability company. We are talking about the position of employees. As for employees, the wishes of the majority could not be frustrated. As long as the majority want an agency shop they could have one.

I agree with the right hon. Gentleman in general, because the purpose of the Bill is to maintain a balance, and a balance cannot be as general as that; but there may be certain occupations where the rights of the individual have to be balanced against those of the majority and the balance may not, in each occupation, work out exactly the same.

A formidable case has been made on behalf of Equity. The hon. Member for Kingston-upon-Hull, East (Mr. Prescott) made a formidable case for the seamen yesterday. The Secretary of State will be looking into those matters. Clause 7 contains a general provision. Would it not be much wiser to have some provision in Clause 7 which allows certain agreements to be exempted at some time in the future? It may be that the agreements to be exempted will not come before the House at the present time. It may be that the Minister will not be able to consider them. It may be that, in two or three years, certain agreements are made which should be exempted by Resolution of the House. As a matter of equity, should not there be a provision in the Bill which allows the Minister in future, by a Resolution of the House, to consider unusual occupations where a pre-entry closed shop may be necessary?

The Clause refers distinctly to …any trade union or other organisation of workers". As the Secretary of State knows, no hospital will employ a doctor who is not a member of the Medical Defence Union, which is an organisation formed to protect doctors.

Does the Clause mean that a hospital which refuses to employ a doctor who is not a member of that body will be in breach of this legislation?

Perhaps I might answer that point straight away. The Medical Defence Union and the Medical Protection Society are not organisations for the regulation of relations between employees and employers. They are organisations designed to provide insurance in respect of profession negligence and, therefore, would not qualify as organisations of workers within the Bill. They are a different kind of animal from a trade union, an organisation of workers or a professional society. They have a limited purpose and do not undertake the regulation of relations between employees and employers.

The issues raised by my hon. Friends the Members for Gloucestershire, West (Mr. Loughlin) and Jarrow (Mr. Fernyhough) have made nonsense of the Clause. They have dealt with the pre-entry closed shop in the Co-operative movement where it has been decided that those working for a society shall be members of a trade union.

How can the Clause prevent the operation of that principle? All that will happen is that those who are unwilling to join the appropriate trade union will not be accepted for employment. No law can prevent that.

The pre-entry closed shop does not cover the minority of workpeople, as the right hon. Gentleman seems to suggest. It covers nearly 3 million workers. In the last month, my own union has signed two agreements based on the pre-entry closed shop. A condition of employment in two drug firms is that staff shall be members of the Chemical Workers' Union. The suggestion came from the employers, because they want reasonable negotiations in their factories.

Those who work in the factories with which the right hon. Gentleman has been associated are members of my trade union. The right hon. Gentleman knows that the whole basis of decent agreements in his establishments has been the existence of 100 per cent. trade unionism. Over the last year or so, the tendency in British industry has been to make membership of a trade union a condition of employment, not because it was thought to be a restriction on the rights of individuals, but because of the development of superannuation schemes which can be viable only if all the employees in a factory contribute to them. Consequently, they have been compelled to agree to pre-entry membership of a union as part of the agreement on the superannuation scheme.

The Government can carry the Clause, but it will not operate. It makes nonsense of the law to suggest that Clauses like this can be operated when the right hon. Gentleman knows perfectly well, based on his own experience, that they will not operate.

We have had contributions from two of my hon. Friends with long experience in the organisation of shop workers. I look at the problem not so much from their point of view but from the point of view of the members of co-operative societies, and particularly as a member of a co-operative society board. In many societies there is not just an agreement on union membership as a condition of employment but it is written into the society's rules. The rules are approved by the Registrar, and our society is registered under the Industrial and Providence Societies Acts. If the Clause becomes law, will all co-operative societies with that provision in their rules have to change their rules?

I think that the answer to that must be "Yes". Without looking at the rules, of course, I cannot be quite sure. What we are saying in the Clause is that it is not right to make it a condition that before a person can be engaged he must be a member of a particular union. That is what we mean by a pre-entry closed shop.

I do not think that the hon. Member for Bilston (Mr. Robert Edwards) has got the position right. He referred to a company with which I used to be associated. It is true that in one section of the company all the workers are, I think, members of his union, but unless something has changed in the past month or two they do not have to be. Many of them may have been members as a matter of course, but it was not a condition of application for employment in that section of the company that they had to be members of the union. If they were not members already, they became members on joining, but that is post-entry, not pre-entry.

[Miss HARVIE ANDERSON in the Chair ]

9.45 p.m.

We must push the Secretary of State on this matter, because it is vital to our union. He need not have a copy of the rules of a co-operative society. There are hundreds of societies that clearly lay down as a condition of employment that a person applying for a job shall, if he is appointed, be a member of his appropriate trade union. It might be U.S.D.A.W., the Bakers' Union, the Transport and General Workers' Union, or any of a number.

The Government are arguing in the whole context of the Bill that they are defending freedom. I do not know whether the right hon. Gentleman understands what goes on. In the Co-operative movement there is complete democratic control by the shareholders, with quarterly or annual meetings, when a substantial number of those who control the society may be present. Those who own the organisation decide the conditions of employment of the work people.

I know that the Secretary of State is not interested in the Co-operative movement. He is not interested in U.S.D.A W and I do not think that he is very much interested in the Transport and General Workers' Union. But I plead with him to listen for a minute, because it is not in the interests of the British people to claim that he is talking about freedom of the individual and to refuse to allow a democratically-controlled organisation to determine the conditions of employment of its employees.

Not if it is totally undemocratic. If he denies the opportunity of the individual to apply for his job without having to be a member of a union, the hon. Gentleman denies the very essence of the point he is making.

I know how good a democrat the hon. Gentleman is. I am a member of the board of management of a co-operative society—[HON. MEMBERS: "Oh."] I was giving an illustration. I am not a member of the board. I am only a member of a co-operative society. I have about £2 of shares, and I trade with the Co-operative movement. [Interruption.]

Comics are all right in this Chamber at times, but I think that the hon. Gentleman should go back in the bar.

I am talking about the hon. Member whom the cap fits. We are dealing with the co-operative movement and a union which has 350,000 members. Other unions are involved. [Interruption.] If the sum total of the interest of hon. Members opposite is reflected in their conduct in the last five minutes, it is indicative of their attitude to the trade union movement.

On a point of order, Miss Harvie Anderson. Might it not be happier for us all if we did not refer to conduct previously in relation to the Bill?

If the hon. Gentleman will explain himself I will deal with him. If he is incapable of explaining himself, I cannot deal with him.

Many co-operative societies determine by democratic process that a person shall be a member of a trade union. The Secretary of State says that this will not be possible under the Bill. What does he want my union to do? This is the important aspect of the position. Does he want my union to involve itself in a number of disputes in consequence of the Bill with a number of co-operative societies, although they are willing to allow full membership of the union as a condition of employment? Is this what it will be driven to? This is something which hon. Members opposite do not understand. Surely they do not think for one moment that my union will be prepared to face a situation in which the Government will destroy it. Does anyone imagine that U.S.D.A.W. will sit back and be destroyed by the Secretary of State?

I am seeking the hon. Gentleman's help. Why would this destroy the union? Surely as it is an excellent union, it will go on attracting members because of the job it does on behalf of its members.

Do not let anyone kid himself about this. The Government say that there cannot be a pre-entry closed shop, that one cannot have a condition of employment. I know some of those libertarians who stand up for the liberty of the individual but whose real concern is to save the 1s. 2d. a week membership payment. The right hon. Gentleman should examine the possibility of bringing forward on Report an Amendment to allow a pre-entry closed shop where there is the appropriate agreement between the employers and the trade union movement.

The co-operative societies have to make their rules under the Industrial and Provident Societies Act and therefore their rules are registered already under that Act of Parliament. Does the reply given by the right hon. Gentleman mean that the Act will have to be amended following the passage of this Bill?

I seek to pursue the same point as that made by my hon. Friend the Member for Birmingham, Ladywood (Mrs. Fisher). I was amazed by the answer which the right hon. Gentleman gave to my hon. Friend the Member for East Ham, South (Mr. Oram) because the implication is that we shall have to call some 700 special general meetings in order to change rules, which will then have to be approved by the Registrar of Friendly Societies. The London Co-operative Society, of which I am a member, has one-and-a-half million members and between 5,000 and 6,000 attend half-yearly meetings. Such propositions have to be put to democratic meetings of members.

What happens if, when amendment of rules is put before the members of a co-operative society, for subsequent approval by the Registrar, they turn it down? Is it not the case that they will be unable to turn such an amendment down because they will be pre-empted to alter the rules under the provisions of the Bill? I remind the right hon. Gentleman that, under the Industrial and Provident Societies Act, the co-operative societies have operated for 75 years under model rules accepted by the Registrar.

10.0 p.m.

If I may quickly answer that point, if the law of the land changes, then rules sometimes have to be changed. Supposing a limited liability company or, indeed, some other new co-operative society, were to be formed and were to make it a rule that no employee could be a member of a union. The hon. Member would be the first to say that that rule should be changed.

There is a real problem here. There is a contractual relationship between the co-operative societies—and other employers —and their employees. This Clause would undermine the financial stability of the superannuation schemes. How can this Bill undo the Industrial and Provident Societies Act? No reply has been given, and I ask the Solicitor-General to tell us, because the right hon. Gentleman obviously does not know the answer.

Will the Solicitor-General reply to the point raised by my hon. Friend the Member for Ogmore (Mr. Padley)? Perhaps the Secretary of State will give some consideration to a very large trade union. He seems to be ignoring completely the whole of the Co-operative movement. Is he so contemptuous that he can afford to sit back and say nothing? Is this his attitude? Is he so arrogant as to imagine that he can ignore the trade union movement and the Co-operative movement? Will the Solicitor-General address himself to the question put by my hon. Friend and will the Secretary of State deal with the issue which has been raised?

Question put and agreed to.

Clause 7, as amended, ordered to stand part of the Bill.

Clause 8

APPROPRIATE CONTRIBUTIONS TO TRADE UNION IN LIEU OF MEMBERSHIP

The following Amendment stood upon the Order Paper: No. 101, in page 7, line 22, leave out 'one month' and insert 'two weeks'.

I set down Amendment No. 101 because I thought that it was one of a number of points which required discussion. I thought that even an industrial lawyer had some qualifications to make a contribution to the discussions in Committee. Unhappily, we on this side of the Committee are now in the frustrating position of having to decide which of the many imperfections in the Bill are more intolerable than the others and to confine ourselves to them.

Lest it be thought that by our silence we are endorsing the Bill and its imperfections, I want to place on record, when in due course the other imperfections manifest themselves, as inevitably they must if the Bill becomes law, and we are asked why the industrial lawyers did not point them out in Committee, that our answer is that we remained silent because we were silenced. Regretfully, Mr. Deputy Chairman, I refrain from moving my Amendment.

I beg to move Amendment No. 534, in page 7, line 27, after 'order', insert: 'or as seamen in a sea-going ship registered in the United Kingdom'.

It would be for the convenience of the Committee to discuss at the same time Amendment No. 535, in Clause 11, page 9, line 40, at end add: (4) In this section 'employer' includes an organisation of employers of merchant seamen.

These Amendments relate to shipping. I take up part of the speech made by the hon. Member for Kingston upon Hull, East (Mr. Prescott) yesterday, when he said, quite rightly, that we are different. By that he meant the shipping industry. The hon. Gentleman and myself have something in common because we have both served at sea for periods of time. I do not think that either of us is a shipowner, unless we include the 14-foot dinghy that I owned before the war, but we are both interested in the future of sailors.

Amendment No. 534 refers to Clause 8 which deals with the appropriate contribution to a trade union in lieu of membership. The Explanatory Memorandum explains that the Clause empowers the Secretary of State to prescribe shorter periods in respect of workers in the construction industry. It is our contention that the shipping industry is in exactly the same position as the construction industry in this respect, and that unless seamen can be eligible on the basis of shorter voyages there will be that which the right hon. Lady would so resent—free riders—who would incur the resentment of their fellow crew members.

Amendment No. 535 jogs forward to Clause 11. My right hon. Friend has down an Amendment to Clause 11 which refers to "employers" in the plural. Sailors make a voyage with one company, come home on leave and then make a voyage with another company, and it is therefore inappropriate to envisage a par- ticular shipowner as the employer. One needs to envisage the Federation of Shipowners vis-é-vis the pool. It is uncertain whether the reference to "employers" means a group of employers or a federation of employers. I hope that my hon. and learned Friend will enlighten me on this and say whether there is a legal as opposed to a semantic distinction between these concepts.

The Amendment is essential, first, because sailors enjoy moving from company to company and varying their voyages. Secondly, they are represented by a common pool of supply which is extremely important to the industry. Thirdly, the pool of supply enables them to enjoy maximum employment and at the same time enables the employers to enjoy the maximum use of labour. In this connection the hon. Member for Kingston upon Hull, East said that the union also stands for stable employment in an industry where casual labour is almost essential to keep the industry going. Although I do not have the honour of being a member of his union, my proposal might well suit the book of his union.

A large number of seamen are paid on a general service contract, which in itself leads to the full manning of ships. In short, there would be chaos if firms differed in their practice over the operation of an agency shop agreement. This decision must be reached by the Shipping Federation as a whole.

I have, I hope, been practical and not polemical, and I have not wasted the time of the Committee. My object is to bring this proposal to the attention of Ministers. I hope the fact that I have spoken for three minutes and not for 30 minutes will not weaken but rather strengthen my case, which is so important for the shipping industry.

I shall speak only for a limited time in view of the pressing desire on these benches to get to the important Clauses concerned with the agency shop. It has been difficult for us on this side of the Committee to listen to the debate on the closed shop and not to intervene. This has been due to the exercise of the guillotine and not because of the lack of argument on this side of the Committee. Whilst we are trying to argue the case for an exemption we must bear in mind that the Amendments are an attempt to deal with an impossible situation. In dealing with the destruction of trade unions under the Bill, it is tempting to say that we hope this will not happen and to move Amendments to help prevent it happening, but these Amendments do not help a great deal. The Clause exempts an employee for one month or three months, but even if the period were one week and two weeks a ship may still have sailed and we should be left with the same problem. The Clause also encourages the development of non-trade unionism by its classification of two categories of people who contribute to the union. Even if the periods were altered, the maintenance of the trade union structure would still be seriously threatened.

Amendment No. 535 refers to an organisation of employers, such as the Shipping Federation. As I explained yesterday, there are 400 companies. These organisations will not be trade unions as defined in the Bill but organisations which will not have to comply with the regulations and prohibitions contained in the Bill. In America, in the shipping industry, companies have developed their own trade unions, as they will be able to do under the Bill. There is in this country one organised set of employers, the Shipping Federation, but that is maintained only because the union holds the sanction of the closed shop. That is why there is one collective body of employers. It is likely that there will be a fragmentation and that those who do not want trade union recognition will develop through organisations of this kind.

Although the Amendment is moved with the best intentions, it is an attempt to deal with an impossible situation created by the Bill.

10.15 p.m.

I do not wish to follow the hon. Member for Kingston upon Hull, East (Mr. Prescott) in an anlysis of the problems which were discussed yesterday, save only to say that it is not the intention, nor will it be the effect, of this legislation to destroy or threaten the destruction of the union of which he speaks or of any other. He raised all these points yesterday and my right hon. Friend then indicated that they would remain open for discussion.

It is not the case, for example, that the legislation opens the way to the establishment of company unions and to the requirement by employers of membership of those company unions to the exclusion of any other. That is expressly excluded by Clause 5, and company unions of that kind would not qualify for protection under the legislation.

I wish to come specifically to the Amendment of my hon. Friend the Member for Dorset, North (Mr. David James). My hon. Friend's points go very near to meeting some of the more substantial problems in this area. The suggestion in Clause 8(6) that seamen or those employed in the shipping industry should be covered so that a shorter period of employment should be necessary before membership of the union was required is something my right hon. Friend has well in mind, and indeed may well have in mind over a broader front. There was an Amendment in the name of the hon. Member for West Ham, North (Mr. Arthur Lewis) suggesting that the word "construction" should be removed from the Clause, which would meet the point put by my hon. Friend and my right Friend will have in mind something along those lines which may serve a wider and fuller purpose.

The other Amendment, the substitution of "an organisation of employers" in Clause 11 is confined only to the one industry. The same problem arises in some other industries. For example, it relates to the industry with which Equity is concerned and Amendments No. 494 and No. 495 which my right hon. Friend hopes to move in a few moments to Clause 11, go along the same road to meet my hon. Friend's point, but over a wider field. If it turns out that some express provision is necessary in any further sense to be sure that the points put by my hon. Friend the Member for Dorset, North were met, my right hon. Friend will look at the matter to ensure that they are met.

In those circumstances, with the undertaking that the points raised will be looked at so as to ensure that in so far as they are not met by Amendments already tabled they will be taken into account, I hope that my hon. Friend will not press the matter any further at this stage. The points that he made are important and will certainly be considered hereafter.

The hon. and learned Gentleman appears to be saying that Clause 5 would not permit an employer to have a house association. Would he like to pursue that point? Looking back at Clause 1, I can see nothing that precludes any employer from establishing a house association if he so desires.

I would rather not pursue that point now. We have discussed it on Clause 5. The house association or house union would not qualify under the later provisions of the Bill as a union entitled to registration and an employer could not insist on or attempt to compel his employees to join a house union, whether it was independent or not. We have discussed that matter on Clause 5, and I do not wish to go back on that because the Committee wishes to get on to the subsequent Clauses.

Could my right hon. and learned Friend explain a little further the Amendment in the name of his right hon. Friend to Clause 11? That Amendment speaks of an employer or employers or group of employers. My point is that the Shipping Federation is not itself an employer.

I should like to make that matter clear. There is a deficiency, with respect, in the Amend- ment in the name of my hon. Friend the Member for Dorset, North because it is confined to only one industry. An organisation making an agreement in the manner visualised by my hon. Friend would not necessarily bind the members of that organisation to comply with the agency shop. The important point is that each of the employers should be bound to observe the conditions of the agreement. It is probably more effectively dealt with than in the way suggested by my right hon. Friend's Amendment.

What we want to achieve is that an agreement made by a union or unions through or with a federation, such as the Shipping Federation, is effective so as to apply to and bind all the members of that Federation—and not only in the shipping industry. There is some room for doubt whether an agreement made by the federation necessarily made members. Both my right hon. Friend and my hon. Friend have the same purpose in mind. We shall ensure that when the matter comes forward again, the points are taken into account—and not only points in relation to the shipping industry.

Probably both my hon. and learned Friend and I to a certain extent suffer from legislative indigestion. It is difficult to reach a rapid decision on these things, but with the assurance that we shall have an opportunity, if the hon. Gentlemen's Amendments are not satisfactory, to look at this matter again on Report, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Question proposed, That the Clause stand part of the Bill.

The whole of Clause 8 is linked inextricably with the provisions dealt with in some detail later in the Bill for the establishment of the agency shop. This is the second of the two fundamental issues with which, in this part of our proceedings, we have sought to deal in more detail. These are two of what the right hon. Gentleman described on one occasion as the eight pillars of his edifice. I should like to say something about the agency shop.

First, it appears that this is an American import—probably the product of a couple of weeks spent in the United States on a parliamentary delegation by one of the hon. Gentlemen on the Government Front Bench. It introduces a remarkable change in British trade union history.

We have been successfully exporting British trade unionism for a long time. Now we are apparently to import instead.

It is even more remarkable that what will present the most formidable challenge to our industrial relations system is yet another example of the Government's contradiction in insisting that their proposals are based on the recommendations of the Royal Commission. I pointed out yesterday how Clause 5 contradicted the Royal Commission. I cannot find a hint of this proposal in the whole of that very lengthy report.

Ascribing the best motives to the right hon. Gentleman, I think that he is tilting at a problem which undeniably exists—a problem which arises from a multiplicity of unions, the conflicts of interests between them, and the areas of those interests.

I seriously doubt whether the right hon. Gentleman's proposals will make any contribution to their improvement, and I am equally convinced that, in many ways, the right hon. Gentleman's proposal to establish agency shops will do irreparable damage to our industrial relations system.

We are entitled to ask whether the Government have seriously thought this thing through. I wonder whether they have looked at the practical problems in the way of its effective operation. and, furthermore, the new problems which it will create.

We cannot divorce this matter from the subject of our debate yesterday. Indeed, during that debate the Government went out of their way to show the link between the two—the provisions of Clause 5 and the agency shop proposal. The Bill links the two.

The right hon. Gentleman proposes that where an employer does not readily accede to a request for an agency shop, the matter can be decided by a ballot and the union must secure a majority of the votes of those eligible to vote.

Some of my hon. Friends have pointed out the glaring inconsistency between the criteria which are imposed on a union to establish a mandate in their industrial relations and the kind of mandate which the Government have for what they are putting before the House and the country. By implication, in their proposals, those who do not vote for, vote against. The Bill imposes a requirement that, in order to get a mandate to establish an agency, a union has to get a majority of the votes of those eligible to vote. We have pointed out that the Tory Party had at least two-thirds of the country not voting for it at the General Election. I think that only 32 per cent. of those eligible to vote voted for the Tory Party. Therefore, under their own standards, we are entitled to say that the remaining 60 odd per cent. who did not vote for them, voted against them.

Perhaps I may finish this point. I think that I can anticipate what the hon. Gentleman is going to say: that 46 per cent. of those who voted voted for the Conservative Party. But 54 per cent. voted against and, therefore, against what the Government are doing.

I was not going to put that point. I was going to say that this was the main platform of our election manifesto. If that percentage had felt— [Interruption.] We produced "Fair Deal at Work" long before the General Election— [Interruption.] Perhaps I may be allowed to put this point. If they felt that strongly about the Bill, why did they not turn out at the General Election and vote for the Labour Party which was not going to allow it to become law?

More people voted against what is being proposed than for it. When we come to debate that narrow point in the Bill I hope that the hon. Gentleman will apply the same criteria to his right hon. Friend's proposals, because his right hon. Friend is moving in a contrary direction to that implied in the hon. Gentleman's remarks.

Mr. Jeffrey Archer rose ——

No. Many of my hon. Friends want to take part in the debate, and I want to be brief.

If the union does not secure a majority of the votes of those eligible to vote, it has to wait for two years before having another go. During those two years, why should any worker retain his union membership? To do so in that situation would be an ineffective gesture of loyalty——

Is my hon. Friend aware that in almost every Division on the Bill the Government have not received 51 per cent. of the votes in the House, never mind in the country? They need 316 votes in the House to achieve that percentage but they are not getting like that figure.

My hon. Friend is right, and what he says illustrates the hypocritical double standards which we have come to expect from the Government—

Mr. Jeffrey Archer rose ——

No. It is legitimate to say to the right hon. Gentleman and his hon. Friends, "Physician, heal thyself".

I come back to the two years for which, having failed to secure election, the union will have to wait before having another bite at the cherry. Why should we believe that people will want to continue what, in that situation, will be nothing more than an ineffective gesture of loyalty to the union, an expression of faith in the future, or a diminishing safeguard of employment elsewhere when, under this provision and that in Clause 5(1) (b) , the odds are that at the end of the two-year period the union will be less likely to secure a majority than it was the first time?

But even if the union is successful, that success can be thwarted by the Tory fifth-column—the legion of non-unionists—the growth of which will undoubtedly be encouraged by the provisions of Clause 5, because while it takes a majority of those eligible to vote to secure any agency, one-fifth of the workers covered by the agency can frustrate it. It seems an extraordinary and highly dubious proposition that non-unionists should be given a right by law to say which union shall negotiate, or if any union shall negotiate, in a particular establishment.

I believe that the fundamental point which has been ignored by the Government is that union recognition usually precedes, and does not follow, trade union recruitment. Before people join the union they have to be satisfied that they are doing so to good purpose, and that is that the union they are joining will be able to represent them and negotiate on their behalf.

What the Government equally ignore, and what is ignored by the hirsute Gentleman below the Gangway, is that under the provisions of Clause 5 it will be icreasingly difficult for unions to secure the minimum membership that is necessary for recognition under the agency shop provisions.

Our debate yesterday was dominated by that issue, and whilst we debate the closed shop, we debated also the more typical shop in which trade union membership falls short of 100 per cent. and which, under this Bill, will be progressively less likely to establish the qualifications needed for an agency.

I think that we ought to consider one or two situations that will arise even when a union has the necessary strength to put in its bid for an agency. I ask the right hon. Gentleman to tell us what he thinks will happen when, for example, in my railway workshops in Doncaster where the N.U.R. and my own union the A.E.U.W. seek to recruit the same grades of worker from the same areas and one or other union puts in a bid to establish an agency, either for part, or for the whole of the establishment.

[Sir ROBERT GRANT-FERRIS in the Chair ]

Let us say that one of them is not successful. What does the right hon. Gentleman expect will happen, once one of those two unions has established an agency, about the members of the other union? Under these requirements, it seems that those who have lost out will have to seek employment elsewhere or will have to transfer their union membership or take out additional member-ship——

Mr. Ronald Bell (Buckinghamshire, South) rose ——

The hon. and learned Gentleman will have his opportunity later. I should not have given way in the first place.

On a point of Order. We are on the Question, I think, That the Clause stand part of the Bill. The Clause is about contributions in lieu of union dues. All these questions about ballots and withdrawal of recognition would appear to arise under later Clauses altogether.

I was asking the right hon. Gentleman what happened to the individual union member in that situation, when his own union had lost out. The Government have overlooked, among many other things, one unique difference between the British trade union movement and that of most other countries. Few other union movements have this deep involvement in the provision of friendly benefits, including superannuation.

If I were a member of the A.E.U.W. and I were a fitter at the Doncaster railway workshops, and the N.U.R. established an agency, is the Secretary of State telling me that, in that situation, I would have to transfer to the N.U.R.? But I have been paying for over 20 years to my union superannuation fund. [Interruption.] If the hon. and hirsute Member for Worcestershire, South (Sir G. Nabarro) is not interested in our debate, he should continue his discussion where he was having it before he came in.

The Secretary of State thinks that it is as easy as that to transfer union membership. He may give me the reply which he gave one of my hon. Friends earlier, that, if, as it does, it conflicts with union rules and the T.U.C. Bridlington Agreement, the rules and the Agreement will have to be changed. But if it were as easy as that to change trade union rules and structure, I am sure that they would have been changed long since.

We know the formidable efforts of the T.U.C. and individual unions, particularly in recent years, to reform their structure and bring about a more rational movement. But it cannot be done overnight or quickly without counter-productive disruption. I am sure that because the right hon. Gentleman is trying to foist change on the union movement, disruption is inevitable. The slower evolutionary methods of the T.U.C. will in the long term bring the only effective and reliable process of reform.

I doubt whether the problems, the existence of which I acknowledged at the outset, will be resolved by some blueprint dreamed up on a planner's table in St. James's Square or Smith Square. This is an attempt to graft an alien concept on to the body of British industrial relations. It will be rejected by that body and I am sure will be rejected by the House.

It is difficult for us to discuss the ramifications of the agency shop in the time available under the guillotine. Earlier we discussed for one and a half hours an Amendment relating to Equity. I do not object to that because the 20,000 people involved in that issue are entitled to 90 minutes of our time. However, between now and midnight we must dispose, under the guillotine, of Clauses 8 to 31, and with them the many issues that we would like to raise affecting 10 million trade unionists affiliated to the T.U.C.

There are essential differences between Labour and Conservative policy and practice relating to the agency shop, but because so many of my hon. Friends still wish to speak, I will not develop this part of my argument. So far the Secretary of State has projected himself as being fair and reasonable, and that is the image the country has of the Bill. [HON. MEMBERS: "Hear, hear."] We are used to hon. Gentlemen opposite projecting themselves through the ad. men— [Interruption.] The representative of commercial radio on the benches opposite should keep his mouth shut. He might learn something.

Tory policy on industrial relation is clear. It is to break the trade union organisation and stunt its growth. [HON. MEMBERS: "Nonsense."] This is not nonsense. Hon. Gentlemen opposite will find Amendments appearing which will test their sincerity. We will then discover whether they really want to see the trade unions strengthened.

Last night the Secretary of State showed his real colours when he made an absurd statement about industrial democracy. He tried to show that the close-down of the closed shop meant an extension of democracy and that what was happening was equivalent to what was happening in politics. That is wrong. Whereas people generally have a way of influencing what happens in politics, the decision-taking in industry occurs in the board room, and we know what hon. Gentlemen opposite think about worker-participation in those decisions.

Does it matter at this stage? We have till 12 o'clock to discuss from Clause 8 to Clause 31.

Knowledge and interest in trade unionism often occurs some time after a person joins a trade union. It is not surprising, therefore, that trade union organisers often find difficulty in getting people to realise the benefits of trade union membership, particularly in view of the constant denigration of the trade union movement by hon. Gentlemen opposite and their friends. If hon. Gentlemen opposite do not believe that, they should read the record of the last Tory Party conference at Blackpool. It is all there. There is a natural aversion to trade unionism which has been inculcated in the population by their friends.

The Government have designed their so-called agency shop method as a way of stunting our organisational growth. They call into play an apparently fair and reasonable apparatus, of applications, examinations by referees, and even involve the ballot box——

There is nothing wrong with the ballot box. What is wrong is the formula which has been chosen, including the extraordinary requirements of a majority of 51 per cent. of those eligible to vote. In percentage terms, I have the greatest number eligible to vote in Scotland behind me. Some of that lot opposite have as little as 24 per cent. But even in South Ayrshire, the heart of the Labour movement, I have only 47 per cent. That is what is wrong with the provision involving the ballot box.

When practising trade unionists look at the Government's agency shop, they see it as a very ominous proposition. In a situation where a trade union is relatively weak and struggling to establish itself, an employer can forestall its progress by pre-empting an application to the court for an agency shop agreement, knowing that the union is unlikely to get it, and probably the union does not want to make an application at that time, anyway. Where a union is in the ascendancy and makes application, the employer can block it simply by refusing to recognise. This is a key provision in the Clause dealing with the agency shop. If the employer recognises, but only if, then an application can be made.

We have had a recent experience in Scotland. When a bad employer wants to break a trade union, he fights on the basic issue of recognition. I have in mind the B.S.R. conflict in East Kilbride. It took weeks of trade union agitation, picketing and campaigning to get recognition in that factory.

The hon. Gentleman will realise that, had the Bill been in operation, that would not have been necessary. The workers could have gone to the court and the C.I.R. and had a ballot. They would have got their recognition.

As I understand it—[HON. MEMBERS: "You don't."] I am open to correction from the right hon. Gentleman—the Clause provides that if the employers recognises, an application can be made. In the B.S.R. conflict, the employer refused to recognise. That is the essence of our case against the right hon. Gentleman.

Even if the union is recognised, there are other obstacles to overcome: the 51 per cent. of those eligible, the constant threat of the two-yearly recall for the trade union, and then there may be the problem of the licensed blackleg which has been created by the Bill. I do not expect the Secretary of State to see our point of view. His philosophy on industrial relations is different from ours. We believe in persuasion. One of the reasons why the T.U.C. welcomed the Commission on Industrial Relations was that it believed that it could act as a salve to the wounds sometimes opened up as a result of necessary conflicts of interest which arise in an industry. We welcomed the C.I.R. because of its persuasive influence, not its coercive influence in industrial relations.

One of the mistakes too often made in examining industrial relations is that it is forgotten that they concern people. People are not perfect. People will erupt, will lose their tempers. It happens here, never mind outside in industry. It happens here, in reasonable working conditions, never mind down the pit. [An HON. MEMBER: "Reasonable working conditions here?"] I hear one of my hon. Friends say that working conditions here are not reasonable. They are far better than down the pit.

Sometimes, men need a safety valve, and sometimes, when the safety valve blows, there is an unofficial strike, and there are bad feelings. But recourse should be had not to the courts but to commonsense and reason, or, in the larger problem, to the Commission on Industrial Relations.

I shall say no more now. [HON. MEMBERS: "Hear, hear."] If there had been no guillotine, many of us would have said a great deal more. There are two reasons for the guillotine. One is that hon. Members opposite cannot stand the night shift. The second—my hon. Friend the Member for Ebbw Vale (Mr. Michael Foot) was quite right—is that we are now down to the meat and detail of the Bill, and Tory ignorance of the industrial situation in Britain is plain to see every minute of every day on which we debate the Bill.

[Sir ALFRED BROUGHTON in the Chair ]

10.45 p.m.

I have had some experience on the night shift, so I feel that I can follow the hon. Gentleman the Member for South Ayrshire (Mr. Sillars). I have listened carefully to the debates so far, but I have not intervened before, being aware of the time limit. I did not intervene in the debate on the closed shop, although I should have liked to do so, believing firmly in the need for strong trade union membership. I firmly believe, also, as we all do on this side, in the right of the individual on conscientious grounds not to join a trade union. This is where the agency shop provisions come in, because they are a compromise between the closed shop and the individual conscience.

The hon. Member for South Ayrshire spoke of the situation under a closed shop agreement having to be altered when the Bill becomes law. Why? Where the individual employer has previously agreed with the union to implement a closed shop agreement, the employer will immediately agree with the trade union concerned to implement an agency shop agreement. So they will continue with 99 per cent. trade union membership, the only exception being the individual with a conscientious objection. We can expect the 750,000 or more members of closed shops to continue as members of agency shops, and their unions will not be disrupted in any way.

Opening the debate, the hon. Member for Doncaster (Mr. Harold Walker) spoke of the situation in the workshops in his constituency. Before discussing the point which he raised, I wish to make clear that I regard the agency shop provisions as some of the most important, if not the most important, provisions in the Bill. This is why I am, perhaps, going out of order in discussing the subject on Clause 8, to which it is not directly relevant. I am conscious that we have only an hour and 10 minutes left, so I hope that I shall be excused if I deal a little further with the question of the agency shop.

The hon. Member for Doncaster is possibly under the same misunderstanding as many trade unionists. This may have arisen from the wording in the Consultative Document that the agency shop agreement involved only one trade union and an employer. This is not so, as can be seen from line three at the beginning of Clause 11. This refers to one or more trade unions forming an agreement with the employers. In that situation the two unions that the hon. Gentleman mentioned would, I suggest, form part of the agency shop agreement.

Yes. If he does not there are procedures in the Bill for taking the matter to N.I.R.C. and the C.I.R.

I do not want the hon. Gentleman to misunderstand my point. I could have been misunderstood because of the noise that was going on below the Gangway. I am anticipating the hypothetical situation that could arise whether one or other of the unions, thinking that if it made its bid it could establish a sole agency, made that bid and was successful. What happens then to the excluded union's members?

This may be a point that my right hon. Friend will cover. Where the employer did not agree, the C.I.R. would be called in and in such a situation I believe that it would establish that the two unions should jointly form part of the agency shop agreement.

Many of the trade union leaders to whom I have talked about the Bill——

We do have a number of points of contact with the trade unions —more than Labour Members may realise.

What those trade union leaders are concerned about, among other things, is the danger of the proliferation of unions, that is, the switching of members from one union to another under the agency shop provisions. They fear that a poaching union, by offers of better conditions and pay, may attract the members from their more moderate and responsible unions. If hon. Members study the Bill they will note the deliberately difficult process needed to alter an agency shop agreement, the need first of all for 20 per cent. of those involved in the agreement to challenge the agreement in writing. This must be followed by a ballot which requires over 50 per cent. of those eligible to vote to change the agreement, and then there can be no change for a further period of two years if that ballot is not in favour of a change. This allows change if change is needed, but slow change. If there is support for the agreement for over 50 per cent. of those eligible to vote there is no change. These are adequate safeguards in most circumstances.

However, in some places of work where there are very few employees it would only require possibly one or two of the workers to be persuaded to change by a poaching union. In spite of the two-year delay provision, this could bring about a proliferation of trade unions.

Here I want to refer particularly to agriculture, and to declare my interest as a member of the National Farmers' Union. I believe in union solidarity in farming as elsewhere. The industry is made up of literally thousands of small units. Ninety-five per cent. of farmers employ four men or fewer. In this situation I can see opportunity for poaching, so I ask my right hon. Friend to consider a limit to the size of firm, the size of unit of work, which is to be covered by the agency shop agreement. I suggest that the minimum employed in such a unit should be 10.

I was interested to hear the hon. Member for Bosworth (Mr. Adam Butler) say that he stood for a strong trade union membership, echoing the sentiments expressed by the Secretary of State. He knows perfectly well that hon. Members opposite will be in their constituencies this weekend making speeches about cutting the trade unions down to size. They will be saying that the trade union movement is too big for its boots. They will be blaming the trade union movement for inflation and many other of the evils from which we are suffering.

The hon. Gentleman says that the nub of the Clause, the agency shop, will not disrupt the ability of trade union organisers to negotiate. It is apparent that he knows nothing about what happens on the shop floor during negotiations. I will give him an example of the sort of situation that will arise under the agency shop provision.

Let us take the case of a factory with 1,000 employees. It would be possible for a ballot to be taken, with 499 people voting for an agency shop and one voting against. There could not then be an agency shop because there must be, as my hon. Friend the Member for Doncaster (Mr. Harold Walker) said, a majority of the employees in favour and not only a majority of those voting.

But supposing 501 employees vote for an agency shop and the other 499 opt to pay their contributions but not belong to the union. The trade union officials and shop stewards will have to negotiate with the management for half the employees. Has anyone said anything about the rights of people who are not members of a union to opt out of the agreement negotiated by the union's officials? These people will say, "We are obliged by law to pay union contributions but we are not obliged to accept what the union is negotiating for." As a consequence, the employer will be faced with the fact that he is dealing with one section of his employees who are in the union and subject to its rules, and another section paying the equivalent of the union contribution but are not subject to its rules. It will be an impossible situation in which friction will arise. There will be more industrial disputes, not fewer.

The trade unions will fight this provision tooth and nail because the great element that has united the movement has been the drive for unity. Anyone who has seen the great trade union demonstrations will have noted that the slogan is, "Unity is strength". Trade unionists have fought all their working lives for it because they have said, "United we stand, divided we fall". It is no accident that they call their headquarters "Unity Hall". They know that the trade union movement is their only shield against rapacious profit-hungry employers; they know that unity is essential to build up the movement.

The trade union movement will not tolerate a situation where the trade unions are defeated on the factory floor. If hon. Members opposite wish to impose this provision by law, then the trade unions will fight on the factory floor. Many hon. Members opposite have had no experience of what happens in a factory. Every week, 10,000 agreements are entered into between rate-fixers and shop stewards. They are mutually agreed between trade union officials and representatives of the management.

11.0 p.m.

What will be the position in an agency shop? Will the shop steward negotiate, say, for piece work prices for people who pay the trade union contribution but are not members of his union? Of course he will not. We shall get division in the workshops, and people will disregard whatever agreements a trade union negotiates. The agency shop will be a recipe for unofficial strikes; for people to say: "I don't have to submit to any discipline from the trade union leaders or the district office because I am not a member of the union."

We all know that from time to time workers have disputes with their unions. It may well happen that workers, members of a trade union, will believe that their district committee is too militant or, more often perhaps, not militant enough. The district committee may decide, if a large number of members are unemployed, to restrict overtime in a certain factory to 16 hours a month. Some dissidents might say in future, "We are not prepared to accept the committee's decision, and we are now empowered by law to leave the movement and not accept trade union directives." The result will be friction on the factory floor. The idea of the agency shop will disrupt trade union activities.

We all know the reason for introducing the agency shop. I speak as one who has spent a good deal of his life as a shop steward and a full-time union official, and I know that when I have had to negotiate for my members I have been in a very weak position if I have not had 100 per cent. membership behind me. The result of the agency shop will be that union leaders will have to negotiate without the unity of the trade union behind them. Employers will tell them that they represent only 52 per cent. or 54 per cent. or 60 per cent. of the employees, and they will blow up the non-unionist in the shop against the unionists, and so create disunity within the trade union ranks.

Those outside the trade union movement cannot realise that unity is at its very heart. Without unity, we are nothing; we have no strength with which to combat the employers. It is because the agency shop strikes a blow against that unity that the trade union movement will fight it to the death.

We seem to have embarked on a general debate on the agency shop, so I invite my right hon. Friend to consider some of the impact of the agency shop on employees. He will perhaps realise that this proposal is a corollary and a complementary part of the operation of prohibiting the closed shop. I can assure him that this operation has my full support and, I should have thought, the full support of every hon. Member who values individual liberty in its most essential form.

One would think that any member of a union would not wish someone to join it who did not wish to join. However, since the Bill incorporates the prohibition of the closed shop in that sense, there is brought forward, starting with this Clause but maturing a little later in the Bill—though I fear we shall never reach that maturity—this device of the agency shop. The effect of this device will be to extend trade union membership, or certainly the pressure for trade union membership, rather higher up the scale of skill, or even management function, than is the case now. There is no doubt that a good many people who will be affected in this way are worried about the prospects.

I am thinking particularly of professional people. Nowadays a good many professional people are in employment. I suppose that there are many more professional people in employment than in private practice because in the limited liability company everyone is an employee. The employer is an abstraction. Perhaps one day we shall find that even abstractions are forced to join trade unions, but for the moment it is only living human beings.

Since these people are employees, even though they are performing professional functions, the Bill will bring considerable pressure upon them to join a trade union. This is because of the way in which it is shaped. Many of these people feel that this is quite wrong. It is not that they feel any particular hostility towards a trade union, it is rather, perhaps, that they would like to be represented by what they regard as their own trade unions, that is by their professional bodies. I hope that as the Bill proceeds on its fairly long and tortuous way we shall find some way in which to improve these Clauses so that people who are in effect discharging a professional function are not driven against their will into organisations which are not really congenial to them.

It is not a question of hostility, it is a question of being congenial and appro- priate. I am thinking, for example, of the architect or engineer—the professional engineer—who is employed, the doctor or lawyer and so on. These, it will be widely recognised, are not particularly apt members of some trade unions.

If I may complete my remarks the hon. Gentleman may see why not. These people may be driven to joining such unions because the professional employee is, almost by definition. always in a minority in almost every category.

Does the hon. and learned Gentleman not appreciate that there have been for many years a considerable number of professional workers' trade unions—the National Union of Local Government Workers, the Institution of Professional Civil Servants, the Electrical Power Engineers Association—which organise professional people of high qualifications, up to a high salary level, and which are at the same time affiliated to the T.U.C.?

The hon. Gentleman has mentioned bodies, such as the Institution of Professional Civil Servants and so on, which I am bound to say I would consider more of the kind of professional body of which I am speaking. They may be affiliated to the T.U.C.; there is nothing to prevent them affiliating if they want to. I do not think that the hon. Gentleman has understood my argument. What I am seeking to protect people against is being forced to join unions which are not professional unions, unions such as A.S.T.M.S. and D.A.T.A., which everyone knows are highly militant unions and which have, through the organisation of the closed shop, been forcing professional people into membership of them against their will and even forcing them sometimes, out of employment because they will not join these militant unions, which are not professional unions.

It is surely right that the remuneration, conditions of work, and so on, of professional people should be negotiated by associations which are themselves professional and which understand the nature of the work which those people are performing—bodies which have the same attitude to the work, the same traditional concepts of public service which are sometimes clearly opposed to the militant approach of certain unions——

Yes, indeed. The doctors would take a very different view from, say, the A.S.T.M.S. over many aspects——

Mr. Pavitt rose ——

There are many other hon. Members who wish to take part in the debate on the agency shop which appears to be the last debate tonight, and it would be wrong for me to give way to these informal interruptions. Hon. Gentlemen opposite are so sensitive about this, because they know that they are on a thoroughly bad case——

On a point of order. We may be under the guillotine, but the hon. and learned Member for Buckinghamshire, South (Mr. Ronald Bell) is repeating arguments which were thoroughly discussed yesterday at a time when he was not in the Chamber. This is the first time he has taken part in the debates. Is it not tedious repetition to repeat all these arguments at this late hour?

I had not thought that it was tedious repetition.

I do not think the hon. Gentleman is following the tenor of my argument— because we have reached the question of the agency shop—I am slightly surprised that we have reached it at all. Some hon. Members opposite are sensitive about this because they know that there has been the most blatant buccaneering in this professional field by certain militant trade unions. In introducing here a compulsory mechanism which will force union membership much higher up the scale, it is right that we should give, by way of guidance to the Commission and to the Industrial Court, some protection for these people to ensure that they are given the sort of representation that they want and that is appropriate to their professional status. I hope my right hon. Friend when he replies will be able to tell us that in some way at a later stage he will be able to meet this just case of the professional employee.

Might I have just one intervention? My hon. Friend generously gave way to hon. Gentlemen opposite.

I was getting on with the debate.

The Temporary Chairman: Mr. Eadie. Dame Irene Ward rose ——

Rumours abound in the Chamber that, because of the unreasonable provisions about the procedure of ballots and voting percentages in the Clause dealing with the agency shop, the Government would have second thoughts and introduce an Amendment. Many of my hon. Friends were sceptical about this, since during the debates very little has been given by the Government. The Government intend to drive through this conception of democracy, which will mean that ballots of trade unions will be treated differently from parliamentary and municipal elections.

11.15 p.m.

Great exception will be taken in the trade union movement if this Clause goes through, a Clause that requires 51 per cent. of those eligible to vote in the ballot. The right hon. Gentleman has been paid many compliments for having been fair and reasonable. Indeed, one reads in the Press that at one time he was a shop steward. If he has been a shop steward, he should appreciate the ire and resentment that this provision will stir up among trade unionists. We are supposed to believe that this Clause will be helpful to the trade union movement. Last Saturday morning I spoke at a demonstration in Edinburgh where 3,000 trade unionists marched to the Usher Hall. Many things were said at that demonstration about this Bill, but one of the aspects of the Bill that aroused most ire was the fact that trade unionists are being singled out for a different concept of democracy. The Government have never produced a reason for treating trade unions differently on this question of 51 per cent. of eligible voters.

When we say that this is a blacklegs' charter, we mean that the blacklegs will be able to decide whether or not there shall be an agency shop. At election times, candidates go before the electorate and speak to them as good democrats. Whatever opinions we may hold in this House, we try to be good democrats. We say to the people, "For goodness' sake, even if you do not vote for me, remember to vote and make a decision at the election." But here we have a provision whereby the absentee, the person who is not going to vote, the drop-out, will decide whether there will be an agency shop or not. The right hon. Gentleman should be ashamed of himself for not saying in this House, "This was a mistake. We do not want to treat the trade unions differently from the rest of the people." The trade union movement is entitled to have the same standards of democracy in relation to the ballot as any other body. I am convinced that this Clause will arouse considerable ire among trade unionists all over the country.

The right hon. Gentleman has been very generous in giving way to me when I have wished to intervene in the debate.

I went to the Library and I asked for the percentage votes of all hon. Members elected at the last election. Not one candidate in the whole of Scotland had a majority of the people eligible to vote. I myself have the second highest Labour vote in the whole of Scotland in my constituency of Midlothian, but I do not have the majority of the people eligible to vote. My hon. Friend the Member for South Ayrshire (Mr. Sillars) has the highest percentage vote, but he does not have the majority of the people eligible to vote. Therefore, I would suggest to the Front Bench that an analysis of all the constituencies shows that there are only 17 in the whole of Britain in which the votes represent a majority of the people eligible.

I have been an active trade unionist since I was in my teens, and I must confess that the whole of my experience in the trade union movement has been in the mining industry. If the right hon. Gentleman thinks there is any provision in the Bill that will make any difference to trade union membership in the mining industry, he has another think coming. I suggest that if there is any attempt by any of the Clauses in the Bill to break the membership in the mining industry, this Government will try it at their peril.

I have been a full time trade unionist and I have had few problems with the National Coal Board. We have not had a closed shop. We do not say before a man gets a job, "You must have a union card". We say, "When you come into the mining industry, you will become a member of the union", and the man will join the union gladly, because the position in the mining industry is one of solidarity. "To injure one is to injure all", is the slogan in the mining industry.

When I was a miner in the National Coal Board I never had any problems. My problems were mostly involved in dealing with privately-licensed mines. I was always going to see the private mine owners and trying to persuade them to bring their conditions up to those laid down in the legislation so that they would not be injurious to the health of the miners. They did not observe the agreements which had been arrived at in relation to concessions, and so on, with the miners' unions.

I anticipate that the Clause to some extent will provide a wonderful escape Clause for some of the private mine-owners. If the miners working in those private mines are to be penalised and brutalised by those owners, then the miners working in adjoining National Coal Board pits will hardly stand by and watch. It has been said during the debate that there is no brutality in industry in regard to the trade unions. I can remember my father coming into the house bleeding because he wanted to go to a pit to organise a trade union movement. And that was not all that long ago.

The concept of democracy which this Bill envisages is 100 per cent. wrong and the right hon. Gentleman owes it to the trade union movement to bring forward an Amendment to provide that the trade unions will be treated in the same way as other people are in the country and no differently.

I want to add my support to the remarks made by my hon. and learned Friend the Member for Buckinghamshire, South (Mr. Ronald Bell) about the protection of professionals in regard to the agency shop issue. I have lived in a big trade union area all my life. Although I have always been an ardent Tory, sometimes I have argued for the trades unions, sometimes for the employer, but always, I hope, for my country.

I should like to describe something which happened recently on Tyneside. C. A. Parsons, a well-known firm on Tyneside, decided to establish as its negotiating body the trade union known as D.A.T.A. It then told its professional engineers that if they did not join D.A.T.A. by 31st May this year they would lose their jobs. This is the kind of thing against which I want the Bill to protect professional people. Those professional engineers would not, of course, have joined D.A.T.A. They had determined to leave the service of C. A. Parsons, and rightly so.

It was a great shame that a company of such high standard and contribution to this country should have behaved in that way to one section of its employees. Professional engineers want protection, with all the other professional people, so that they cannot be treated by employers in the way in which these professional engineers were treated.

I was absolutely furious. However, I want to thank my right hon. Friend for the sympathetic answers which he gave when I asked him whether he could find a way in the Bill to protect those who want to do their work properly, to belong or not to belong to trades unions, and to maintain standards.

I hope that, in replying to this last debate, my right hon. Friend will undertake, on Report, to consider professionals in all sections of industry and to see that in the Bill they get as much right to safeguards as trade unionists and employers who have the right to reasonable protection.

I was horrified that a body of people who had served a company well with high standards of work should have been told by that company that if they did not join that militant union, D.A.T.A., they would lose their jobs. That is not British.

My hon Friend the Member for Midlothian (Mr. Eadie) has spoken out of his experience, but I think that the hon and learned Member for Buckinghamshire, South (Mr. Ronald Bell) spoke out of his fears and fantasies. As the hon. and learned Gentleman was talking about the so-called problems of the professional worker, I wondered whether he realised that in unions affiliated to the T.U.C. there are members whose incomes are probably greater than that of any hon. Member of this House. There are many members of unions, too, whose incomes are below the subsistence level. This is not a reflection on the trade union movement; this is a reflection upon our jungle society which hon. Gentlemen opposite are dedicated to make worse.

Does the hon. Gentleman realise that my hon. Friend the Member for Tynemouth (Dame Irene Ward) gave an illustration of just how those people have been coerced into union membership?

Perhaps the hon. and learned Gentleman will allow me to point out that the tales about D.A.T.A. are matters to which my hon. Friends who are members of that organisation will respond later.

The right hon. Gentleman, in reply to an earlier debate, suggested that the agency shop proposal was a possible solution to these problems. I do not think that the hon. and learned Gentleman understands how difficult, indeed, how impossible, of application the agency shop situation can be. If I speak from the point of view of what happens in the industry I know, it does not mean that there is anything special about it, or anything particular about it, but it illustrates problems which will be found throughout industry, and in every trade union.

The reason why I produce the two examples which I propose to place before the Committee is that the hon. and learned Gentleman spoke of the position of the employers. I propose to give the Committee, not my words, but the words of the Film Production Association, which is the organisation of employers, to illustrate the difficulty of applying the agency shop in this industry. Referring to the agency shop proposals they say: This provision appears to mean that in the context of the Film Industry, each Production Company would be required to conclude a separate agency shop agreement with each Trade Union every time a film goes into production. A film production company is formed for every film, and exists for about three weeks. That is the duration of its life, and within this period of three weeks this company has to form an agency shop with each of the trade unions working in the film industry. As the association says: This would require both a multiplicity of Agreements and of negotiations and, in our opinion, would cause confusion and a worsening of industrial relations. The FPA requests, therefore, in the strongest possible terms, that provision should be made for 'Agency Shop Agreements' to be concluded on behalf of an Employer or Employers by an organisation of employers and one or more Trade Unions. It is primarily a matter for the Trades Unions concerned to make their own case for the retention of arrangements which, inter alia, seek to regulate and control entry into an Industry which suffers a substantial degree of under-employment. Nevertheless, unrestricted entry for artists in particular would tend to become an embarrassment for the Employers. There is a statement of the enormous difficulty that would be experienced in attempting to operate an agency shop situation in this area, because not even the members of the employers' association are permanent. The production company is ephemeral, and the agreement is with the employers' association as a whole, including and speaking on behalf of employers who do not exist at the time that the agreement exists, but who will come into existence and to whom the agreement will apply. I do not see how the agency shop could be adapted to that position.

It has been suggested by the right hon. Gentleman that casting agreements concluded with theatrical managers could be adapted to the agency shop provision. Could they? I ask the right hon. Gentleman to consider whether the agreement which I shall now read can be fitted into an agency shop situation. The association has agreed the following with Equity: " (a) To cast their productions in the normal course of events from among full Equity members. (b) if any manager wishes to cast a provisional member of Equity, a newcomer, or other person who is not a member of Equity at the time of casting, the manager will write to the Equity Office, giving his reasons for going outside the existing experienced ranks of the profession. 974 (c) The Equity Office will reply within one week … and will say either (i) that they will accept an application for membership from the person concerned; or (ii) that they do not consider that the manager has made out his case …". If the manager does not accept the Equity argument, it goes to the joint council, and if the joint council then decides that the person should be admitted, Equity undertakes to admit that person into the union. Can a situation like that be adapted to the agency shop requirements?

Those situations are typical of the complexity which exists throughout the trade union movement, and if the right hon. Gentleman is suggesting that the agency shop situation set out in this and later Clauses can be adapted to the complexity of the trade union movement, I believe that he is living in cloud-cuckoo land.

May I quickly reply to the hon. Member for Putney (Mr. Hugh Jenkins) by saying that we debated that subject earlier? I then said that we doubted whether in the example of the industry which he mentioned the agency shop, even with the Amendments which we have in mind, would be adequate; but I have promised to look into that matter.

I believe that Opposition Members are making the agency shop proposal into an unnecessary bogey. The agency shop is a means by which we can provide the stable and effective organisation which unions need and which hitherto, at least in some industries, they have been able to achieve only by means of a closed shop of the old-fashioned kind. We believe that the agency shop provides the essential security and stability and effectiveness of the closed shop without the illiberality which is sometimes associated, so far as minorities of individuals are concerned, with the true closed shop.

We can only repeat our belief that, whatever may have been true in the past, the strength of the union movement in this country today and the extent of the strength of the unions, not only in members, but in their recognition in society and by Governments and in the economy, are such that they no longer need, as perhaps they have done in the past, to press the rights of the majority to the point of severe illiberality towards the minority. I want to remind the Committee of what in fact the agency shop is, because it is not the animal which some hon. Members seem to think it is. In an agency shop agreement, an employer will undertake with the union or unions with which he has made that agreement that he will make it a normal condition of employment that his employees shall belong to that union or those unions. As I said yesterday, we hope that he will be prepared to bind himself to use his best endeavours to persuade all his employees freely to join that union or those unions with which he has made the agreement, but there is the provision that if he fails to persuade all his employees to join the appropriate union or unions, they will be free instead to make an equivalent contribution to the union as an agency fee, or, as a final fall-back position, if they have a conscientious objection—and I agree that this is not much of a problem —if, for example, an employee is a Plymouth Brother, or something of that kind, employees will be able to make the equivalent contribution to some agreed charity. This, first, completely outlaws the free rider, the worker who in the past has got away with all the benefits without paying anything, and we understand the natural irritation, as well as the actual weakness, which has caused the situation. That is absolutely excluded under our proposals.

We believe that an employer bound by the agency shop agreement of the kind I have described will normally succeed in freely persuading an enormous majority of his employees to become members of the union of their own volition. We believe that this is what will happen and certainly if it does there is no ground for the fears which hon. Members have been discussing.

I should like to deal with one or two specific matters raised by the hon. Member for Doncaster (Mr. Harold Walker) and other hon. Members. First, let me make it clear that there is no need to have a ballot in order to establish an agency shop. If there is agreement, an agency shop can be established without a ballot. It is provided only as a fallback position for the orderly resolution of disputes about whether there should be an agency shop. But in more cases than not there will be no such dispute, and the agency shop will come about freely without a ballot.

I understand the point about the percentage of those eligible to vote and I should like to explain how this came about. Hon. Members may not agree but, when I have explained it, I think that they will see that it is not quite as bad as they fear at the moment.

We set up, in the Clauses in the 40s, that the basic requirement for recognition should be a majority of those voting—not of those eligible. But the agency shop is something far beyond simple recognition and therefore requires, we believe, a stronger affirmation than a simple recognition right. If one looks at many other things—the rules of some unions or the rules of some companies—one finds that it is very common in our institutions that differing degrees of majority are required for different purposes.

What we are saying here is that a simple majority of those voting is sufficient for basic recognition but that for the agency shop something more than a simple majority is required. We could have provided for a higher percentage of those voting, but we thought that it was simpler to say a simple majority of those eligible.

I am not saying that hon. Members will agree with it, but that was the reasoning which led to this eligibility. I still maintain that it is right that the acquisition of the agency shop provisions should require some stronger sign of approval than the mere simple recognition right, and that is the point on which we stick.

The hon. Member for Doncaster has nothing to fear on his example of the railway workshops. First, the Bill does not cause anything at all to happen if people do not want it. Second, it would be perfectly possible for two unions to go together and ask for a joint agency shop. Third, if they fail to agree about that, Clause 12(1) provides that the Commission could not proceed with the establishment of an agency shop if there were reason to think that there was an inter-union dispute about who should have it, or failure to agree on a joint one.

Finally, a few words about the problems of professional workers. I recognise the problem here, and the sincere and understandable feeling, which is not easy to resolve. I would say to my hon. Friend the Member for Tynemouth (Dame Irene Ward) that her point about professional engineers at Parsons is, of course, dealt with by the Clause which we were debating yesterday, which gives them the right not to join a union if they feel as she describes.

What my hon. Friends want here is an automatic right to a separate bargaining agent for any group of professional workers. First, it is very difficult to define professional workers. I know that my ton. Friends have tried this in a later Amendment. I have obtained advice about their proposal, and I am afraid that, for example, it is more than likely that their definition would not include either nurses or—to take a quite different example —Merchant Navy officers. We do not believe that it is possible to define professional workers with sufficient accuracy.

But apart from that, what we are dealing with here is a minority of one type of worker embedded in a much larger number. This is a problem which we must tackle, and we shall attempt to tackle it. The way to tackle it is not so much through the agency shop as through the sole bargaining agent provisions, and the way to do it is perhaps when we come to Clauses 42 and 48, where we shall be dealing with the terms of reference of the C.I.R. and the way in which it will look at a claim for bargaining rights.

I cannot go into more detail now, but I assure my hon. Friends that I have the point in mind. It is when we come to those Clauses that I believe that we must look for the solution.

11.45 p.m.

The way in which the Secretary of State had to gabble through his remarks because of lack of time was a sad commentary on the appalling conditions under which we must debate this important matter. Those few words from him represented his answer not only to the questions that have been asked about this Clause but to those asked about nine Clauses which deal with different aspects of the subject.

All hon. Members who have wished to take part in this discussion have had to gabble their speeches. They would have liked to develop their arguments in depth, but that has been impossible, and many of the Amendments which we would have debated have not even been mentioned. I am under an equal disability. It is impossible for me, in the time available, to deal with many aspects which are of far-reaching importance.

We are discussing not only the right hon. Gentleman's general intention but the whole question of the effectiveness of the means which he is employing to carry out that intention. That was the purpose of a number of our Amendments. Consider—leaving aside the principle for for a moment and dealing with the means —the ballot. The right hon. Gentleman knows that many people, including even those who accept the principle of the agency shop, are appalled by the principle of the ballot as the right hon. Gentleman proposes it and by the idea of there having to be a majority of those eligible to vote.

All we had from the right hon. Gentleman were a few sentences about this. He did not even effectively attempt to justify this undemocratic principle. [Interruption.] He is not even listening to me now, though I have only a few minutes to speak. What appalling discourtesy to the Committee!

He made some sort of hurried answer which I could not begin to understand. He said something about agency shop rights being more far-reaching than recognition rights and that, therefore, one needed a bigger majority. He said something of that sort, but he did not have time, under the threat of the guillotine, to explain the position properly.

Donovan did not link the recognition of trade unions to any automatic ballot, any more than we did in our White Paper or Bill. Donovan argued, rightly, that as a matter of practical— [Interruption.] I wish that hon Gentlemen opposite would make less noise and listen. They are not bothering to listen because they know the chopper will shortly be falling. They do not care. They will exercise power rather than thought.

As a matter of practical effect on the shop floor, everyone knows that union recruitment follows recognition. It does not precede it. That is why Donovan said, and we agree, that it is absurd to link the statutory rights of recognition to some system of balloting. It is certainly absurd to do so by this iniquitous principle of a majority of those eligible to vote.

This is intolerable because the right hon. Gentleman is mobilising the law of inertia against the expansion of trade unionism. Everything we have heard reinforces our belief and confirms our fear that the agency shop is a formula designed to accommodate the Govern ment's philosophic belief in non-unionism, even if that formula does not accommodate the needs of industry. The hon. Member for Bosworth (Mr. Adam Butler) admitted as much in his speech.

This is what the agency shop is designed to be. It is a charter for non-unionism and when the right hon. Gentleman said, in effect, "Under these provisions it will be my intention, and this will be the effect, to have employers freely persuading people to join trade unions voluntarily," he must know, as my hon Friend the Member for Salford, West (Mr. Orme) said yesterday, that already the imminence of the Bill coming into operation is being used as a charter for non-unionism.

I have before me a notice issued by the senior telecommunications superintendent at Colchester Post Office, dealing with the union's industrial action. It says: It has been reported that some staff have been threatened that, if they do not strike, they will be expelled from the union and will lose their employment if a closed shop is introduced. Under the Government's Industrial Relations Bill, now in Committee stage, 'closed shops' would be illegal. 'Agency shops' would be allowed, and staff would have the legal right not to join a union, provided they pay the equivalent of the subscription for union services. Therefore, it is absurd for the right hon. Gentleman to disguise the reality behind this proposal.

The whole concept of the right hon. Gentleman's agency shop is a formula for accommodating the rights of non-unionists. But hon. Gentlemen opposite should be more careful, because, on this issue, they are not even speaking for the people whom they are supposed to represent. Certainly they are not the voice of intelligent employers.

It is essential for the Committee to get one matter clear. We have had a lot of confused argument about the loose use of the words "closed shop". We are dealing with three quite different types of situation, and it is important to bear them in mind. First, there is the pre-entry closed shop, under which union membership is a condition even of applying for a job. The second is the post-entry closed shop, which is the same as the 100 per cent. union shop. The third is the agency shop, whose dominant characteristic is that union membership is not compulsory.

Under the right hon. Gentleman's formula, even if a union or unions successfully overcome all the obstacles in the way of securing recognition as an agency shop, including the obstacle of the ballot and the fact that they have to win a majority of all those eligible to vote in the ballot, they are still not entitled to claim the right to speak for all the workers in that shop. This is the profound difference that we are discussing.

Employers who know what they are talking about are appalled to see the Secretary of State— [Interruption.] Once again, the right hon. Gentleman is not even doing me the courtesy of listening. This is the first time today that I have got to this Dispatch Box, because we on this side have been exercising a self-denying ordinance so that we should have time to deal with this issue. Here, we are dealing with it in these few hurried moments. Employers who know what they are talking about are appalled to see the right hon. Gentleman coming here with the light of fanaticism in his eyes, waving a banner with this strange device, this unique device of the agency shop.

Sensible employers— [Interruption.] I suggest that hon. Gentlemen opposite should listen to this. They are supposed to care about industrial peace. Sensible employers want to strengthen union authority as the basis of greater stability in industrial relations. But they know that that cannot be done without strengthening trade unionism. They also know that to give an equal right to people in a closely integrated shop not to belong to a union is to mobilise the law of inertia against unionisation and, therefore, that it weakens the strength of trade unionism, as it is intended to do.

The trouble is that the right hon. Gentleman, while importing the concept of the agency shop from the United States, has grafted on to it the historical Conservative hostility to trade unionism——

I will give the hon. Gentleman the evidence, and it is conclusive. What the right hon. Gentleman and the Solicitor-General have not done is to import into their legislation Section 8 of the American National Labour Relations Act. That Act, while banning the pre-entry closed shop, adds that a preentry closed shop shall only be an unfair industrial practice or labour practice— Provided, That nothing in this Act … shall preclude an employer from making an agreement with a labor organization to require as a condition of employment membership therein … In other words, the pre-entry closed shop is outlawed only save where union membership is required as part of a collective agreement. Therefore, under United States law, there is no provision similar to that which the right hon. Gentleman is asking us to accept tonight.

We are asking for unions and employers to have the right, such as they have in many States in the United States, to conclude collective agreements which insist upon 100 per cent. unionisation, but it is that right which the right hon. Gentleman would take away.

There are some situations in industry which can be dealt with only by a pre-entry closed shop—we have been given some examples tonight—but they are exceptions. As my hon. Friend the Member for Liverpool, Walton (Mr. Heffer) said, only about 750,000 workers are covered by such pre-entry closed shop agreements in this country, and it is done for particular reasons. But in most situations in British industry the right answer is the 100 per cent. union shop. Many employers have already negotiated such agreements, because they believe that that is the way, and the only way, to underpin the union's authority.

These agreements will now be at risk. There are employers throughout the country who are at the moment intensely concerned about that risk because they have stable relations with their unions, they have 100 per cent. union shop agreements or they are about to negotiate such agreements, believing that they can get good bargains in return and that, having a 100 per cent. union shop, they will be in a position to secure some kind of control over conditions in their enterprises.

When the Bill becomes law, however, a new element—[HON. MEMBERS: "Hear, hear."] Hon. Members will not be cheering for long, when they realise, "My heavens, is that really what we voted for?", when they see the new element of instability, the new fluidity in relations with the trade unions, the new undermining of the authority of trade unions, some of which may at the present time be effectively conducting leadership and control over their membership.

All that will be at risk, and at risk in a way not found under United States law except in those backward States which still have right-to-work clauses. It will be at risk in obedience not to something for which British industry has asked. The C.B.I. has not asked for this, the Engineering Employers have not asked for it, the British Leylands of this country have not asked for it, and certainly the trade union movement has not asked for it. This is the brain-child of the right hon. Gentleman's theories. That is all. We are being asked tonight to vote on dangerous theories which can undermine what stability we already have in British industry, undermining it in obedience to a dogma directed more to the Conservative Party Conference than to intelligent students of industrial relations.

The right hon. Gentleman has not given any explanation of the industrial reasons for what he proposes. He has not given us—and none of us has had the chance to ask him to give them—detailed explanations of how his theories will work out in practice. We have had no real discussion of the machinery, of how this theory——

It being Twelve o'clock, The CHAIRMAN proceeded, pursuant to the Standing Order (Business Committee) and the Orders [25th and 27th January], to put forthwith the Question already proposed from the Chair.

Question put, That the Clause stand part of the Bill:

Clause 8 ordered to stand part of the Bill.

The CHAIRMAN then proceeded to put forthwith the Questions necessary for the disposal of the Business to be concluded at Twelve o'clock, including the Questions on Amendments moved by a Member of the Government.

Clause 9 ordered to stand part of the Bill.

Clause 10

REFERENCE TO INDUSTRIAL TRIBUNAL OF DISPUTE RELATING TO CONTRIBUTION

Question put, That the Clause stand part of the Bill:—

The Committee divided: Ayes 304, Nose 262.

Clause 11

AGENCY SHOP AGREEMENT

Amendments made: No. 494, in page 9, line 3, leave out 'an employer' and insert 'one or more employers'.

No. 495, in line 4, after 'employer', insert: '(or, as the case may be, each of the employers)'.— [Mr. R. Carr.]

Amendment Proposed, No, 465, in page 9, line 15, leave out from 'Where' to 'in' in line 16 and insert: 'one or more trade unions desire to enter into an agency shop agreement with an employer'.— [Mr. R. Carr.]

Question Put, That the Amendment be made:—

The Committee divided: Ayes 304, Nose 263.

Amendment proposed, No. 466, in page 9, line 19, leave out 'of the' and insert 'or more'.— [Mr. R. Carr.]

Further Amendments made: Amendment No. 467, in page 9, line 20, at end insert 'trade unions or the'.

Amendment No. 468, in line 25, after 'union', inert 'or trade unions'.

Amendment No. 469, in line 32, leave out 'or' and insert: '(or, as the case may be, each of the trade unions) or the'.

Amendment No. 470, in line 39, after 'union', insert 'or trade unions'.— [Mr. R. Carr.]

Question put, That the Clause, as amended, stand part of the Bill:—

The Committee divided: Ayes 300, Noes 260.

Clause 11, as amended, ordered to stand part of the Bill.

Clause 12

BALLOT AS TO AGENCY SHOP AGREEMENT

Amendments made: No. 471, in page 10, line 17, leave out 'or' and insert:'

'(or, as the case may be, each of the trade unions) or the'.

No. 472, in line 33, after 'union' insert 'or trade unions'.— [Mr. R. Carr.]

Question put, That the Clause, as amended, stand part of the Bill:—

The Committee divided: Ayes, 300, Noes 194.

Clause 12, as amended, ordered to stand part of the Bill.

Clause 13

EFFECT OF BALLOT UNDER S. 12

Amendment made: No. 473, in page 11, line 23, after 'union', insert:

(or, as the case may be, any of the trade unions)'.— [Mr. R. Carr.]

Question put, That the Clause, as amended, stand part of the Bill:—

The Committee divided: Ayes 300, Noes 193.

Clause 13, as amended, ordered to stand part of the Bill.

Clause 14

APPLICATION FOR BALLOT ON CONTINU ANCE OF AGENCY SHOP AGREEMENT

Question put, That the Clause stand part of the Bill:—

The Committee divided: Ayes 299, Noes 203.

Clause 14, ordered to stand part of the Bill.

Clause 15

BALLOT ON APPLICATION UNDER S. 14

Amendment made: No. 474, in page 12, line 34, leave out '(a)'.— [Mr. Dudley Smith.]

Amendment proposed: No. 475, in page 12, line 35, leave out from beginning to 'shall' in line 36 and insert: 'directing— (a) that no agency shop agreement in respect of workers of any description comprised

in the ballot shall, during the period of two years beginning with the date on which the result of the ballot was so reported, be made between the employer and the trade union (or, as the case may be, any of the trade unions) who were parties to the agency shop agreement to which the ballot related, and (b) that any such agency shop agreement purporting to be made between those parties during that period shall be void; and during that period the Industrial Court'.— [Mr. Dudley Smith.]

Question put, That the Amendment be made:—

The Committee divided: Ayes 298, Noes 250.

Question put, That the Clause, as amended, stand part of the Bill:—

The Committee divided: Ayes 298, Noes 254.

Clause 15, as amended, ordered to stand part of the Bill.

Clause 16

PRESSURE TO ANTICIPATE RESULT OF BALLOT

Amendment made: No. 496 in page 13, line 20, leave out 'or section 14'.—[Mr. Dudley Smith.]

Question put, That the Clause as amended, stand part of the Bill.

The Committee proceeded to a Division

On a point of order, Sir Robert. I was coming out of the Lobby, and a substantial number, at least seven—[HON. MEMBERS: "Ten."]—hon. Members forced their way against the officials who are responsible for controlling the doors, thereby nullifying the Division. May I have your Ruling, Sir Robert—

I take the hon. Gentleman's point. I shall call the Division again. There was a technical hitch at the Table here concerned with the clock.

Further to that point of order, Sir Robert. Surely, the whole purpose of the limitation of time in which hon. Members may vote will be defeated if we have the Division again. If hon. Members can force their way into the Division Lobby after the time when they are entitled to vote, it nullifies the whole purpose of the limitation of time.

I have taken the hon. Gentleman's point. The fault lies here at the Table entirely.

Insufficient time was given by the Table to allow hon Members to go into the Lobbies in the proper period laid down by Standing Orders. I apologise to the Committee for the mistake which was made here. It is quite natural, in the circumstances, that hon. Members were in a hurry to go into the Lobby, because, after all, they know very well by now how long they will be here tonight. I apologise to the Committee, and I shall now put the Question again.

The Committee proceeded to a Division

On a point of order, Sir Robert. I understood you to say that the Table had given insufficient time for the Division to be taken, and in consequence of the mistake at the Table the hon. Members who forced themselves into the Lobby were justified. Sir Robert, I am extremely sorry, but I challenge your statement because the normal time for a Division was given, and I think it essential that we be clear that, once a Division is called, there is a limited time for hon. Members to go into the Lobby; otherwise, the time limit can be eliminated.

I appreciate that the hon. Gentleman believes what he is saying to be right. In fact, it is not. There was a mistake made here. We did not set the clock in the right way to make sure there was enough time. It was a simple error at the Table. There was insufficient time given. I assure the hon. Gentleman that that was so. As Chairman, the only thing I could do was to call the Division again so that the mistake could be rectified. I feel sure that the Committee will wish to exonerate us at this late hour for the mistake which we made.

I am sorry, Sir Robert. Further to that point of order——

Order. The Question is, That Clause 16, as amended, stand part of the Bill——

Order. Tellers for the Ayes: Mr. Monro, Mr. Goodhew. Tellers for the Noes: Mr. Golding, Mr. Hamling.

With all due respect, Sir Robert, I request you to send for Mr. Speaker. This is a travesty of the rules of order of this House. I must ask you to send for Mr. Speaker so that he can give a Ruling.

On my point order, it may be that the Table made a mistake, but hon. Members dashing down the Chamber to the Division Lobby did not know that there had been a mistake. It could only be a mistake in retrospect, and hon. Members on the Government side forcing themselves into the Division Lobby make a nonsense of our procedures. Hon. Members opposite actually physically assaulted an official of the House. I must ask you, with due deference, to send for Mr. Speaker.

Order. I cannot accede to the hon. Gentleman's request. I consider that what I have done is my duty. It is not a practical proposition for an hon. Member to direct the Chair to send for Mr. Speaker. That is in the discretion of the Chair. I rule that there is no cause for me to send for Mr. Speaker. As far as I am concerned, that is the end of the matter.

As I see it, Sir Robert, a mistake was made, and I ask you to reconsider that point of view.

The Committee having divided: Ayes 296, Noes 175.

Clause 16, as amended, ordered to stand part of the Bill.

Order. Will the hon. Member for Gloucestershire, West (Mr. Loughlin) please resume his seat and remained uncovered? The Division is over aid he should stand in the ordinary way, without a hat on. But I am afraid that I cannot take a point of order because I am expressly excluded from doing so. I cannot take a point of order; nor can I take a dilatory Motion.

Order. I must proceed. I cannot take a point of order. I am sorry— [Interruption.] The hon. Gentleman will please resume his seat. I will explain further to him.

Order. If the hon. Gentleman will resume his seat for a moment I will further explain to him [Interruption.] Order.

Order. There is no point of order. The hon. Gentleman is a very experienced——

Order. As long as the hon. Gentleman does not speak he can remain covered. He and I are both old Members of the House of Commons and we know that we have to observe the rules. He knows as well as I do that when the Chair gives a Ruling that Ruling must simply be obeyed. I know I am right. There cannot be a point of order during the transaction of the guillotine at all——

Mr. Loughlin rose ——

—except during a Division. On the other hand, neither can the Government, feeling that they have had enough and would like to retire to their beds, move a dilatory Motion. It cuts both ways. Everything is quite fair. There can be no other business but the transaction of the business we are engaged upon. Knowing the hon. Gentleman as I do and his sense of fair play — [Interruption.] —I am sure he will not wish to put the Chair in an impossible position. We must now proceed to the next business.

Clause 17 ordered to stand part of the Bill

Clause 18

WRITTEN PARTICULARS OF TERMS OF EMPLOYMENT

Amendments made: No. 476, in page 14, line 15, leave out from beginning to 'or' in line 17 and insert: (b) specifying a person to whom, in accordance with the procedure available to the employee where he has a grievance relating to his employment, the employee can apply for the purpose of invoking that procedure, and the manner in which any such aplication should be made, and (c) either explaining the subsequent steps in that procedure. No. 477, in page 14, line 19, leave out 'that procedure' and insert 'those steps'.— [The Solicitor-General.]

The Committee proceeded to a Division

On a point of order, Sir Robert. I am sorry to pursue this matter, and if I had wanted to be awkward I would have persisted in standing, and defying your Ruling. This is a reasonable point of order, and it is this.

You will recall that I questioned the propriety of some hon. Members who assaulted a servant of the House. I came to the Table and took advice, and the advice was that I could not raise the matter tomorrow with Mr. Speaker. What I am now asking, Sir Robert, is whether you will, in your capacity in the Chair, tonight, institute an investigation into the assault on a servant of the House.

If the hon. Gentleman will forgive me, I must interrupt him for a moment. The Question is, That Clause 18, as amended, stand part of the Bill. Those in favour say "Aye": those against say "No". Tellers for the Ayes, Mr. Hawkins and Mr. Rossi: tellers for the Noes, Mr. Golding and Mr. Hamling.

Perhaps the hon. Gentleman will allow me to answer his point of order now—I think that I am properly seized of it. There have been times in the past when servants of the House have been not actually injured, but hurt or maltreated by hon. Members pushing their way into the Lobbies. On every occasion, action has not been taken by the Chair unless the person concerned has complained to the Chair. The servants of the House are instructed that if there is anything of that nature to complain about it is their duty to complain. In this case, no complaint whatsoever has been made to me by the allegedly offended servant of the House. That being so, I think that the hon. Gentleman would wish to let the matter rest.

Further to that point of order. It is almost a cardinal principle that a servant of the House cannot complain against an hon. Member. I understand that there was not only an assault at that end of the Chamber but at the other end as well. If we are to rely on the servants of this House, who are employees of this House, making complaints against Members of this House it would be an intolerable situation. I am not asking you to condemn anyone, but to use your authority to investigate the incidents to which I have referred, in fairness to those who serve us so well.

I do not think I can give the hon. Gentleman the satisfaction which he is seeking. The rules and the traditions of the House in these matters are very clear. Obviously the attendants of the House are immediately subject to the discipline of the Serjeant at Arms. If they have any cause for complaint they would naturally, as would anyone, complain to the person under whose command they are immediately disposed. None has done so, or if they have, the Serjeant has not brought the complaint to me and I am sure that he would have done if it had been made. The hon. Gentleman would be best advised, in the interests of the Committee, to let the matter rest.

Further to that point of order. May I ask you whether you will consider this point, namely,. that the attendants involved closed the doors at your instructions and they were determined to carry out your instructions but were being prevented from doing so. I do feel that to say that they have to complain personally

is placing an additional burden upon them——

You have just demonstrated the validity of my argument. It was you, Mr. Chairman who shouted, "Lock the doors", and it was hon. Members opposite who would not let the servants of the House lock the doors. If this is not carried out there will be no proper Division. To say that they have to complain personally is an unfair burden. Despite the fact that they have not personally complained I think that you ought to consider investigating this matter.

No, I do not think that I should change my Ruling. It was perfectly correct to do what I have done. If there had been any cause for complaint I am sure it would have been made. This is an incident which occurs from time to time. The procedure is always the same. If the complaint is made it is made to the Serjeant, and I have seen these complaints made in the past. Members have been admonished about it. In this case there had clearly been a mistake by the Table and it was quite natural that there would be something of an avalanche of people trying to get in because they thought they had made a mistake.

The mistake was made here and I have, I hope, made a full apology to the Committee. I think we should leave the matter there. I trust in the good sense of the hon. Gentleman to do so.

The Committee having divided: Ayes 300, Noes 189.

Clause 18, as amended, ordered to stand part of the Bill.

Clause 19 to 21 ordered to stand part of the Bill.

Clause 22

FAIR AND UNFAIR DISMISSAL

Question put, That the Clause stand part of the Bill:—

The Commitee divided: Ayes 298, Noes 252.

Clause 22 ordered to stand part of the Bill.

Clause 23

DISMISSAL IN CONNECTION WITH A LOCK-OUT

Question put, That the Clause stand part of the Bill:—

The Committee proceeded to a Division

On a point of order. You will recall, Sir Robert, that I said that I would pursue on a point of order the matter which I raised with you earlier in connection with the manhandling of a servant of the House. It was necessary for me to leave it until now, because the servant of the House immediately after the incident went to a rest room and had a cup of tea. I have taken the opportunity of talking to the servant of the House concerned.

Like most servants of the House, he is reluctant to complain about the conduct of hon. Members, but it was clear to me from his answers to questions which I put that he was conscious of not being treated with the kind of courtesy with which he should have been treated. I am satisfied that there is just cause for, and I am asking you to institute, an investigation into the incident to safeguard servants of the House from the thuggery to which, apparently, they are to be subjected in future. On this point of order I am simply asking you in your capacity as the Chairman of Ways and Means to institute an investigation into the incident.

Further to that point of order. This is by no means a frivolous matter. Indeed, it is a very grave matter affecting every hon. Member. The House has traditionally taken very grave notice of any physical altercation involving an hon. Member, and so it has been throughout the history of the Commons.

It will be within your recollection, Sir Robert, that some years ago a Member of the House was involved in a physical clash with a journalist at one of the bars of the House, and the matter was treated as one of grave consequence and it was reported to a Committee of Privileges. At that time, Mr. Winston Churchill, as he was then, referred to the great significance of any hon. Member being involved in a physical altercation of that kind. The matter was taken extremely seriously.

As this seems to be a matter involving the privileges of the House and as it might involve a grave contempt of the House of Commons, I ask you in furtherance of what my hon. Friend the Member for Gloucestershire, West (Mr.

Loughlin) has said to report the matter to Mr. Speaker with a view to its being raised with the Committee of Privileges.

I will ask for a report from the Serjeant at Arms and consider the matter when I have it.

The Committee having divided: Ayes 297, Noes 251.

Clause 23 ordered to stand part of the Bill.

Clause 24

DISMISSAL IN CONNECTION WITH A STRIKE OR OTHER INDUSTRIAL ACTION

Question put, That the Clause stand part of the Bill:—

The Committee divided: Ayes 297, Noes 251.

Clause 24 ordered to stand part of the Bill.

Clause 25

UNFAIRLY INDUCING DISMISSAL

Amendment proposed: No. 478, in Clause 25, page 19, line 1, leave out from 'for' to end of line 3 and insert:

'any person (including any trade union or other organisation of workers or any official of a trade union or of such an organisation)'.— [Mr. R. Carr.]

Question Put, That the Amendment be made:—

The Committee divided: Ayes 297, Nose 186.s

Amendment proposed: No. 479, in page 19, line 9, leave out 'organisation or'.— [Mr. R. Carr.]

Question put, That the Amendment be made.

The Committee proceeded to a Division

On a point of order, Mr. Jennings. When I went through the "No" Lobby I dis-

tinctly saw the hon. Member for West Ham, North (Mr. Arthur Lewis) going through that Lobby with me. I then saw him enter the "Aye" Lobby. Can you tell me whether that is in order?

It is in order for an hon. Gentleman to cancel out his own vote.

The Committee having divided: Ayes 298, Noes 193.

Order. I am sorry but I can deal with no business other the guillotine business. Therefore, we cannot deal further with the point of order or a new point of order at this stage.

Question put, That the Clause, as amended, stand part of the Bill.

The Committee proceeded to a Division

On a point of order. A moment ago, Mr. Jennings, you unwittingly made a disparaging remark—not having a full knowledge of the facts—which might have been an imputation against me. I went into the other Lobby to find the Prime Minister. He was not there. There are hon. Members opposite who know that I went in to find the Prime Minister. I

never voted twice; I voted with the Opposition and I would never vote with the Government. I ask you to bear that in mind and agree with me that there is nothing to stop me going into the other Lobby to try to find the Prime Minister.

There is nothing disparaging about trying to find a Prime Minister, and certainly nothing disparaging in my remarks. Members have cancelled out their own votes before and that is what the explanation appeared to be to me. There was no intention to disparage the hon. Member.

Thank you, Mr. Jennings, for those remarks. Perhaps you might tell me where I could find the Prime Minister?

Any time that the House is not sitting, at No. 10 Downing Street or Chequers.

The Committee having divided: Ayes 298, Noes 209.

Clause 25, as amended, ordered to stand part of the Bill.

Clause 26 ordered to stand part of the Bill.

Clause 27

QUALIFYING PERIOD AND UPPER AGE LIMIT

Question put, That the Clause stand part of the Bill:—

The Committee proceeded to a Division

On a point of order. In view of your Ruling a short time ago, Sir Robert, I wonder whether you are now able to report to the Committee the findings of the Serjeant at Arms on the issue which

I raised earlier. We want to raise this matter as a breach of privilege unless the report is satisfactory. May I ask whether you are now in a position to report?

Yes. I had inquiries made and I have had a report from the Serjeant at Arms. I have taken advice upon the matter. I will read the report when the Committee proceedings are concluded and I resume the upper Chair.

The Committee having divided: Ayes 298, Noes 252.

Clause 27 ordered to stand part of the Bill.

Clause 28

SUPPLEMENTARY PROVISIONS RELATING TO SECTIONS 26 AND 27

Question put, That the Clause stand part of the Bill:—

The Committee divided: Ayes 297, Noes 251.

Clause 28 ordered to stand part of the Bill.

Clause 29 ordered to stand part of the Bill.

Clause 30

EXCLUSION IN RESPECT OF PROCEDURE AGREEMENT

Question put, That the Clause stand part of the Bill:—

The Committee divided: Ayes 297, Noes 250.

Clause 30 ordered to stand part of the Bill.

Clause 31

REVOCATION OF EXCLUSION UNDER SECTION 30

Question put, That the Clause stand part of the Bill:—

The Committee divided: Ayes 297, Noes 255.

Clause 31 ordered to stand part of the Bill.

The CHAIRMAN left the Chair to report Progress and ask leave to sit again, pursuant to the Order of the House of 25th January.

Committee report Progress; to sit again upon Monday next.

4.45 a.m.

I have a report to make to the House. I have to report that the Assistant Serjeant at Arms has inquired into the events which took place earlier this morning and has reported as follows: Report on alleged assault on a door keeper during a division about 2.10 a.m. When the doors leading to the 'Aye' Lobby were locked on order of the Chair, several Members were moving rapidly towards the doors and an accidental collision occurred with the doorkeeper on duty."— [Interruption.] —"No complaint of any improper conduct has been made. D. Swanston, Assistant Serjeant at Arms.

On a point of order. You will recall, Mr. Deputy Speaker, that a similar incident to the one just reported took place some years ago when a Communist Member of the House, Mr. Phil Piratin, was involved. That incident was within the precincts of the House and a similar report was then referred to the Committee of Privileges. I suggest that in this case also there should be a report to the Committee of Privileges, because the cases are identical, except that the fracas which took place earlier today was actually within the precincts of the Chamber; the other incident occurred at a bar of the House.

As I understand it, the rule is that one must as soon as possible ask Mr. Speaker for a case to be reported, I give you notice formally that this case may possibly be a prima facie breach of privilege.

This, of course, is not the time for me to deal with the matter. It must be raised in the ordinary way if the hon. Gentleman chooses to do that, as other hon. Members are at liberty to do. I think that we should get on now.

Further to that point of order, Mr. Deputy Speaker. Those right hon. and hon. Members present in the Committee at the time will recall that I raised a point of order about this incident. I should now like your guidance. The incident took place when the House was in Committee. As far as I know, the House is not aware of what takes place in Committee. When may a further point of order for a reference to the Committee of Privileges be made? If the House is not aware of what takes place in Committee, do I take it that the matter must be raised on Monday when the House is in Committee again or at any other time?

I can answer the hon. Gentleman exactly. He must raise it at 11 o'clock this day, which is the first available opportunity.

I know that hon. Members opposite who support thuggery do not want to hear, Mr. Deputy Speaker, but is it not the rule that in any possible or prima facie breach of privilege notice must be given as soon as possible to the House of Commons? The House is now meeting, and I say respectfully that I am now reporting the case to the House. Eleven o'clock this day will not be the first opportunity. I have now given you notice.

That may be so, but it has to be done at the proper time, and the Standing Orders lay down that it shall be done at eleven o'clock on a Friday, if that is the next available opportunity, or after Questions on the following day. That is the rule of the House.

I am sorry, Mr. Deputy Speaker, but I know of a number of cases—I could quote them if I had the reference books—where this has been the moment and the time when the matter has been reported as being the first opportunity. It is true that Mr. Speaker will say that he would like an opportunity to consider whether there is a prima facie case, and whether it should have precedence over the Orders of the Day. But my point is that this is the first opportunity that I have had of raising the issue whilst the House is sitting. The House is sitting at the moment, and it is my duty to report to it, and with respect, it is the duty of Mr. Speaker to decide whether or not he will accept the case and make an announcement. I agree that he may well decide at eleven o'clock whether he will give the matter precedence over the Orders of the Day.

I now rule that what the hon. Gentleman the Member for West Ham, North (Mr. Arthur Lewis) has put to me cannot be the case; and that notice must be given to Mr. Speaker at the next available opportunity, which is at the meeting of the House this day. That is my Ruling.

Mr. Loughlin rose ——

Before the hon. Gentleman speaks again, I had better finish my Ruling so that he can put no further questions on that. My Ruling is that the hon. Member for West Ham, North if he so wishes may raise this question at eleven o'clock today, and should do it at eleven o'clock today, because that is the first available opportunity when it should be done and not actually now. The hon. Gentleman may say that that is not in accordance with procedure, but someone has to lay down what is to happen now. I may be wrong— I do not think I am— but I lay it down now that that is the procedure that should be adopted.

Now, I would be prepared to hear the point of order which the hon. Gentleman the Member for Gloucestershire, West (Mr. Loughlin) wishes to raise, but I must tell him that his point of order must not concern the Ruling I have just given.

I will respect your Ruling, Mr. Deputy Speaker, but I am entitled as a Member of this House to make a submission to you on the issue of what is the first available opportunity——

Order. I am afraid that that is exactly what the hon. Gentleman is not entitled to do, because that is what I have ruled upon. Now, we must get on with our business.

On a new point of order. Mr. Deputy Speaker. In the last few moments reference has been made to the servants of the House. After an all-night sitting, which places great strain on police and everyone else who serves us, it might be thought appropriate for us to express our thanks to them for their efforts on our behalf.

On a point of order. In your remarks, Mr. Deputy Speaker, in reporting the observations, and they are no more than observations, of the Assistant Serjeant at Arms, you may have seemed to have prejudged the matter by reporting what the Assistant Serjeant at Arms said irrespective of possible contradictory evidence. I therefore submit to you that there is a danger that by reporting to the House what the Assistant Serjeant at Arms said you may have prejudged the matter, and interfered unwittingly with the Speaker's opportunity to decide whether there is a prima facie case that a breach of privilege has been committed.

May I ask you, therefore, that when the matter is raised again the Speaker may be fully apprised of the events that have taken place, so that he will not be influenced in any way by this ex-parte report which has been made by the Assistant Serjeant at Arms?

There should be no quarrel between the hon. Gentleman and myself. These things will be brought to Mr. Speaker's notice, no doubt be-for we meet today. The matter will be raised and Mr. Speaker will decide what is to be done. I was simply asked by the hon. Member for Gloucestershire, West (Mr. Loughlin) earlier, when I was in the lower Chair, if I would get a report from the Serjeant at Arms, and I did so. When I resumed the upper Chair I reported it to the House.

I have made no Ruling on whether a breach of privilege has been committed. That will be for Mr. Speaker and the matter should be raised as soon as possible today.

HOSPITAL FACILITIES (WESTON-SUPER-MARE)

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

4.57 a.m.

I was grateful to Mr. Speaker for using his selection for this subject. Little was I to know that it would be nearly five o'clock in the morning of Friday before we should start to discuss hospital facilities— of which we shall all be in need shortly.

When I was first selected for the candidacy in the constituency of Weston-super-Mare I was immediately apprised of the substantial concern that was felt by all my constituents over the lack of hospital facilities in our area. During the period of almost two years that I have been a Member I have tried all possible legitimate and private means of pressing the case of this hospital. It is with some reluctance that I find it necessary to have an Adjournment debate. My predecessor, David Webster, was responsible for a great deal of the work done on this matter. I have a massive file that was handed to me of work done by him. Both the Weston-super-Mare Borough Council and the Axbridge Rural District Council, to say nothing of all the doctors and many individuals, particularly Councillor C. Curtis, have pressed this matter to the best of their ability over a period of 12 years or more.

The last straw came on Monday, 18th June, when the accident unit at our general hospital was closed at six o'clock in the morning owing to lack of staff. It is perhaps fortunate that the G.P.s in our area were able to organise a voluntary rota to keep a skeleton schedule of three hours each morning so that there was some service available for those who required urgent medical attention.

The statistics of the last four years of what the accident unit has dealt with will show the vast amount of work that is done there and the extreme crisis caused by the lack of facilities. In 1967, 27,834 attendances were recorded; in 1968, 31,257; in 1969, 34,258; in 1970, 36,275. Between 1960 and 1970 there Las been an increase in the work load of 50 per cent. The minimum total attendance in 1970 on any one day was 31 and the maximum 183. The average daily attendances for 1970 were 99, and the average daily attendances in July, August and September were 128. I am sure I do not have to remind the hon. Gentleman of the work that would be entailed in seeing personally 128 constituents on any one day. Every patient who goes through the accident department has to be seen by a doctor.

The reason for the closure was, quite simply, lack of staff. There are normally four doctors, one in charge of the department and three who work a rota system to keep the unit manned throughout the 24 hours. The department has been short of one doctor for some time, but with the illness of one other doctor it has ceased to be possible to keep the unit open. It is not surprising that many of my constituents are extremely disturbed by the lack of this facility. The morale of our nursing staff, which has suffered for some time through the semi-closure of our nursing school, takes yet another battering.

I will point out the special disadvantages of taking emergency cases 18 miles or more into Bristol. There is the pain and distress inevitably caused to patients. There is the pressure on the Bristol hospitals, which are already working to high capacity. There are the weather and road conditions to take into account, and it is of not insignificant import that during the week before last traffic delays in the centre of Bristol were up to two hours during the whole day. Most important of all, the ambulance men have been told that if they believe a case to be imminently fatal, they should take that patient to Weston for emergency attention. That is an extremely heavy responsibility to place upon an ambulance man who, after all, has only limited qualifications in this respect.

There is an urgent need to provide extra staff. This is the only accident unit in the South-West Regional Hospital Board area that has been completely closed, although I understand that Bridgwater is in similar trouble. Advertisements have been placed to fill this staff vacancy. Although the problem is not unknown elsewhere, it should not be beyond the wit of the South-West Regional Hospital Board and the Department of Health and Social Security to find a stand-in while illness keeps the unit shut.

There are, admittedly, plans to improve the facilities of this overcrowded and ancient part of the General hospital. About £70,000 is due to be spent, starting in April of this year. I ask my hon. Friend to see whether work can be started while the unit is closed. A few months ago I visited all the hospitals in my constituency, and the staff at the General Hospital are seriously concerned about their working conditions, while building work goes on around them. Could not advantage be taken of the unit being shut?

I turn from this specific subject to the more general one of the total deficiency in hospital facilities and the necessity for a new district general hospital in Weston-super-Mare. I regret to tell the House that the history of this matter reads rather like a comic opera. It would be funny if it were not so vitally important and tragic. As far as I can find out, the need for this new hospital first came to light in 1954. There is a record in 1958 of the borough council having passed a resolution expressing concern over the inadequacy of the facilities in the town. By 1963 they were beginning to talk about the first selection of a site.

The House will be aware that in January, 1962 the then Minister of Health issued a blue book. This set out that, … to give the hospital service of England and Wales both the physical equipment and also the pattern and setting which will everywhere place the most modern treatment at the service of patients and enable the staffs who care for them to exercise their skills and devotion under the best conditions. In the original plan the Minister did not expect work to be started on the new district general hospital at Weston-super-Mare until after 1970–71. But in the promised revision of the plan in 1963 the new hospital was mentioned as coming into the ten-year programme, and, as a result, a project team was set up by the regional hospital board to plan details of the new hospital. In the 1965 revision it was not even mentioned. The project team ceased work. No revision was issued in 1965.

In 1966 a further revision was published in which it was stated: A new district general hospital will be built at Weston-super-Mare, and this will enable the Royal Hospital to be used for geriatric purposes. This revision also stated that among schemes which it is hoped to start in the period up to 1969–1970 would be— Weston-super-Mare— new district general hospital— phase 1 (maternity unit). The project team started work again.

The then Parliamentary Secretary to the Ministry of Health wrote in 1965, addressing the letter to my predecessor: The Board have been in touch with Weston Borough Council about the site for the new hospital and it is hoped to make a firm choice between the two selected as suitable within the next few months. When this is done the land for the new hospital will be reserved and the possibility of early purchase will be carefully considered. After more dithering, events proceeded with breath-taking slowness. In February, 1967 the then Parliamentary Secretary wrote: I told you that approval has already been given and work should start in 1969–70)… The Regional Hospital Board has a site in mind for the new hospital and are at present negotiating its purchase with the owner. Another year passed, and in November, 1968 the Axbridge Rural District Council passed a resolution: That the Department of Health and Social Security be informed that this Council which has for several years been concerned to see that a new hospital should be provided to serve the needs of the expanding population of the Rural District as well at the Borough of Weston-super-Mare is alarmed by the prospect of further delay and that the Minister be requested to review the needs of the area as a matter of great urgency. That was in 1968. In September, 1969 a Press statement was issued: Meetings have taken place between Mr. W. J. English, Chairman of the South Western Regional Hospital Board and Mr. Richard Crossman, Secretary of State for Social Services, as a result of which a site has now been selected at Uphill… The Secretary of State is now proceeding with the necessary arrangements to enable the site to be acquired. That was in 1969. In November, 1970 the hospital board was writing to the town clerk explaining why the site was not yet purchased. I am sorry to say that there is still no firm news that the purchase of the Uphill site has been made. I hope the Minister will be able to give me an assurance about the completion of that contract.

The pressure built up during this period from both the borough council and Axbridge Rural District Council and from the Member of Parliament. Delegations visited Ministers in December, 1964 and November, 1969. Petitions with 13,000 and 14,000 signatures were presented in March, 1965 and November, 1969.

After the issue of a Press release which was not sent to me until I asked for it in early December of last year or late November, the board announced that the starting date for the hospital had been postponed to 1974–75. It claimed on the credit sited that a single phase development would enable the hospital to be completed earlier than under the original plan. Since, however, the original plan had neither a firm starting date nor a completion date, I can only say that must have been a wild assumption.

I should like to know whether the project planning team is once again at work. I suggest that perhaps, with the rapid advance of medical science, a shell-type of building, providing necessary services, with moveable internal partitions, might be an adequate way of starting construction in the time.

The reasons for the urgency are simple. At present we have eight separate units in an area of ten miles around the central hospital. Our present population is 90,000 and several people will say that it is much bigger. On any one summer day 40,000 extra tourists and holiday makers can come into our area. With the exception of Bath, Weston-super-Mare is the largest borough in Somerset. By the end of next year we shall have the M5 motorway running within a few miles, and inevitably this may well lead to urgent accident cases having to be treated at our hospital.

While it might be said that we can get more quickly to Bristol, it is safe to say that access from the motorway will scarcely be adequate.

The waiting list in 1970 for our hospital amounted to 1,284 cases; 479 general surgical cases, 265 gynaecological, 388 tonsils and adenoids.

I wonder whether the Minister could explain to the House in his reply how his Department assesses the requirement of tourists and holiday makers. In the matter of transport the South-West is badly served. I believe that similar criticisms may be levelled on medical grounds. Though a tourist may not be living permanently in Weston-super-Mare, as soon as he moves into the area, even for a short time, he ceases to become the medical responsibility of his home area. There is no doubt in my mind that the South-West in general gets far too small a share of the national cake in terms of medical finance.

In conclusion, I must praise the way in which our medical staff, doctors and nurses, work in extremely difficult conditions. I should be much happier, as would many of my constituents, if the Minister could give me one or two assurances. Could he say whether the site at Uphill has been purchased and, if not, when completion will take place? Could he give a definite starting date for the new hospital? I should like a firm promise since, through all this unhappy saga, we have never yet been told anything firm. Will he press the South-West Regional Hospital Board over the staffing of the general hospital accident unit? Will he press that hospital board to get on quickly with any improvements at the General Hospital, or at least to direct the funds in such a way that the new hospital can start a little earlier?

5.15 a.m.

I congratulate my hon. Friend the Member for Weston-super-Mare (Mr. Wiggin) on his resolution and endurance in sitting through the night until 5.15 a.m. on behalf of his constituents to raise a matter which, I agree, is of the utmost importance. I am sure that the conscientious attention which my hon. Friend has paid to this need in this debate at an extraordinary hour will not go unnoticed in the West country.

The hospital services in the Weston-super-Mare area are dispersed amongst a number of hospitals. Some of these were opened a century ago. Of course, over the years improvements and additions to the facilities have been made, but these measures have hardly kept pace with the rate of obsolescence and the problem of fragmentation has remained. Moreover, the population has been increasing and is expected to continue to increase. The growing numbers are, of course, considerably enlarged each year by holiday makers and other visitors. Hon. Members will appreciate that in these circumstances the services have been under considerable strain. The strain, however, has been felt in the main by the medical, nursing and other staff, and because of their devotion and skill— I am obliged to my hon. Friend for drawing attention to this— I am sure that few patients would complain about the treatment that they have received.

Nevertheless, it is clear that the present hospital facilities in Weston fall short of the standard which is desirable, certainly in a modern health service, and this has been recognised by the South-Western Regional Hospital Board in its plans to improve facilities throughout the region. The long-term solution proposed by the board, as my hon. Friend knows, is the provision of a new district general hospital for the Weston area. Before I speak about this, however— and I shall try to cover the points my hon. Friend raised— I should like to say something about the crucial factor of the accident and emergency services.

I am aware that because of medical staffing difficulties it has recently been found necessary to suspend temporarily the 24-hour, seven-day a week service normally provided by the accident and emergency department at Weston General Hospital. This major department, which had a total of 16,528 new patients and 34,258 attendances in 1969, has an establishment of one medical assistant and one senior house officer— two in all. The medical assistant is now ill and the senior house officer post is vacant.

The service was suspended on 18th January after consultation between the regional hospital board and the hospital management committee. The position was discussed with other interested bodies and alternative arrangements were immediately made and put into effect whereby patients requiring urgent hospital treatment as a result of an accident or other medical emergency would be taken direct to one or other of the three main hospitals in Bristol— Southmead, Frenchay and the Bristol Royal Hospital. In order to spread the workload it was agreed that each of these three hospitals should provide cover on alternate days. A patient who would normally have attended Weston General Hospital but was referred to one of these three hospitals for urgent initial treatment and who required to be admitted to hospital or was in need of follow-up out-patient treatment subsequently, would be transferred to the Weston General Hospital which would provide the necessary subsequent treatment. Such arrangements necessarily make increased demands on the ambulance service for the transport of patients the 20 or so miles to Bristol, but plans have been made to supplement this service by making use of taxis for patients not in need of full ambulance facilities.

I am glad to say that a locum replacement for the medical assistant has been obtained and is due to report for duty on 7th February following which the accident and emergency services will be reinstated. In the meantime, the work is being partially covered by a general practitioner. Advertisements have been placed for a senior house officer, but no applications have been received. The problem which has arisen regarding the staffing of the department has been discussed with the local general practitioners who have offered some help at night.

Difficulties in recruiting medical staff for accident and emergency departments are being experienced by a number of hospital authorities in different parts of the country at the present time. Due to a reduction in the inflow of doctors from overseas, there has been a reduction in the rate of increase in the total number of hospital doctors— provisionally 2 per cent. in the year to 30th September, 1970 compared with over 3 per cent. in previous years, which is quite a significant drop. Accident and emergency services, which are not the most attractive to junior medical staff, have been particularly affected by this decline in the rate of increase in the numbers of doctors.

There are long-standing problems in the staffing of these departments, which are manned to a great extent by junior staff with comparatively little participation by consultants. My Department advised hospital authorities in a circular issued in 1968 that provision should be made for personal day-to-day supervision of the work of these departments by their consultants. My Department's recent survey of progress has shown that there is still far too little day-to-day participation in these departments by consultants. In consequence the training value of junior posts is not as good as it should be, nor are young doctors able to see prospects for a career in this type of work.

There are real problems in this which cannot be solved overnight, but I know that representative bodies in the medical profession itself have recently given a great deal of thought to the future of these departments, and I hope that we shall be able to work out with the profession measures which will deal with the underlying long-term problems. This can be worked out only by good will on both sides in this sort of discussion with the profession.

Because the benefits of the major redevelopment project will not be available for some years, there may be an impression that hospitals in the Weston Group are not being improved and kept up to date in the mean while. This is not so. In the next financial year, 1971–72, there is a considerable programme of proposed building works and its total estimated expenditure would amount to the considerable sum of, in round figures, £250,000 in Weston. The details may interest my hon. Friend. First, there is a scheme, of which he may be aware, to improve and extend the existing casualty department in the Weston General Hospital. My hon. Friend asked, incidentally, whether money should not rather have been spent now on that scheme to improve the existing accident and emergency department— brought forward, as it were— but on the whole we feel that it would have been wrong not to have concentrated all possible attention and energy on reinstating the existing accident and emergency service, the closure of which was due to freak conditions of staffing.

Second, we hope to provide an extra radiodiagnostic room and improve the X-ray Department; and to set up a Central Sterile Supply Department to serve hospitals in Weston. This alone is estimated to cosi £85,000, of which £73,000 would be for building and engineering work, and £12,000 for equipment. This is expected to start on site in June or earlier. Third, there is a scheme to adapt existing accommodation in the General Hos- pital to provide eight emergency admission beds and six high-dependency beds. This would cost altogether about £99,000 of which £85,000 would be building, and £14,000 equipment. Fourth, refrigeration would be provided for the operating theatre suite at a cost of £8,000. Fifth, records accommodation would be set up at a cost of about £5,000.

Turning from the Weston General Hospital to the Royal Hospital, the fifth proposed project would give 16 additional geriatric beds, plus associated accommodation at a cost of £65,000-odd, of which £50,000 would be building, and £15,000 equipment. Finally, in Eastern Hose, an estimated expenditure of about £14,000 would provide 21 beds for convalescent patients on the second floor which would free 17 beds on the first floor for post-operative and preconvalescent patients. The board plans to spend in aggregate £276,000 on these schemes starting, we hope, in this financial year, 1971–72. This is substantial capital renewal, albeit that it is renovation and adaptation rather than new building.

I will turn now to the proposal for a new district general hospital. The proposal was published in the Hospital Plan of 1962, which did not expect the scheme to start until after 1970. Since 1962, as circumstances have changed, various alternative dates for a start on the building work have been adopted for planning purposes. Hon. Members will understand the difficulties confronting regional hospital boards in formulating and keeping up to date their capital building programmes, especially when they are forecast a long way ahead, and especially as regards starting dates. Needs and priorities within the region must be assessed, costs must be estimated, and a programme of building drawn up which is realistically matched to the resources which are likely to be available.

In addition to the general problems inherent in a capital programme, the board has to grapple with particular problems related to the project— in this case, notably, the problem of the selection of a suitable site. This is not the occasion to deal in detail with the history of the Weston project to date, but a word or two on the problem of choosing the site would, I think, be helpful. I do not need to remind my hon. Friend that much of the Weston area is low lying and of poor load-bearing capacity. These conditions are far from ideal for hospital building. They tend to increase the costs of development.

It was therefore necessary to undertake a careful examination of a number of sites and the likely costs of their development before it could be decided which site was the most suitable. I believe that the delay over the site caused a great deal of anxiety locally, and that in November, 1969 my hon. Friend led a deputation to the then Minister of State in the Department of Health and presented a petition containing some 14,000 signatures, so he has been pressing this for a long time, as we appreciate. The deputation was, of course, concerned that work on the new hospital should be started as soon as possible. It was not then possible to announce a starting date, but I believe that my hon. Friend was assured that the project was the board's top priority for hospital building, in Somerset and I am glad to confirm that it remains the top priority.

If I may go to the immediate question that my hon. Friend asked, discussions on initial plans have already taken place at officer level between the board and my Department. The endeavour now will be to see that detailed planning proceeds as swiftly as is possible, consistent with good planning. The latest information entitles me to report some progress this morning. Agreement between the board and the vendor about the purchase of the site has recently been reached——

The Question having been proposed after Twelve o'clock on Thursday evening and the debate having continued for half an hour, Mr. DEPUTY SPEAKER adjourned the House without Question put, pursuant to the Standing Order.

Adjourned at Twenty-seven minutes past Five o'clock a.m.

Clause 25

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