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Commons Chamber

Volume 873: debated on Tuesday 7 May 1974

House of Commons

Tuesday, May 7, 1974

The House met at half-past Two o'clock

Prayers

[Mr. SPEAKER in the Chair ]

Private Business

University of Bristol Bill

Read the Third time and passed.

CRUDE OIL TERMINALS (HUMBER) BILL [Lords]

UNITED KINGDOM TEMPERANCE AND GENERAL PROVIDENT INSTITUTION BILL [Lords]

Read a Second time and committed.

Oral Answers to Questions

Social Services

Clothing Grants

asked the Secretary of State for Social Services what was the value of clothing grants paid by her Department in the latest year for which figures are available.

In the 12 months ending 4th December 1973, 808,000 exceptional needs payments were made at a total cost of £9·3 million. I regret that the value of grants for particular items is not available and could not be obtained without inordinate cost.

I thank my hon. Friend for his answer. Bearing in mind that this is a highly discriminatory grant, may I ask him to consider publishing the guide concerning the adequacy of clothing stocks, which is used by his Department in leaflet form, and to make it available at the offices of the Department, instead of having the information hidden away in a publication which has to be bought from the Stationery Office and which is not even in stock at some branches of the Stationery Office?

I will certainly consider what my hon. Friend says. The weekly supplementary benefit scale rates are intended to cover the normal replacement of clothing and footwear, and the commission has published details of the circumstances in which exceptional needs payments for clothing will normally arise.

Family Planning

asked the Secretary of State for Social Services if she will make a statement about her discussions with the medical profession in connection with her intention to introduce a free family planning service.

asked the Secretary of State for Social Services if she will make a statement on the arrangements that have been concluded for the implementation of free family planning facilities through the National Health Service.

asked the Secretary of State for Social Services whether she will make a statement about discussions with representatives of general practitioners in connection with the introduction of a free family planning service.

I have nothing to add to what I said during the debate on the Budget on 28th March. As I said then, until discussions with the profession are concluded new health authorities will operate within the terms of the previous arrangements and during this period will not be expected to expand deliberately the work being done in hospitals. General practitioners also will continue to provide family planning services on the same basis as at present.—[Vol. 871, c. 653–57.]

Is my right hon. Friend aware that the House and the country want to see this policy carried out with the greatest urgency? If the doctors are standing out for better pay for carrying out this service, will my right hon. Friend point out to them that they will have a much easier life if her policy is carried out properly?

I certainly share my hon. Friend's desire to see this service extended to the general practitioners. As I told the House previously, the review body has been examining the question of payment for the service, and I understand that very shortly it will be reporting to the Prime Minister.

Is the right hon. Lady likely to accept the recommendations of the review body?

The review body's report is made to the Prime Minister, and when he has received it the matter will be considered.

Will the right hon. Lady admit that it was a mistake to go ahead with this scheme without coming to an arrangement with the family practitioners, and acknowledge that the present situation is unfair to family practitioners?

If it were a mistake—which I do not accept—it is one that was about to be perpetrated by my predecessor.

The arrangements that I have undertaken had been worked out in detail by him, and all I had to decide was whether a prescription charge should be levied.

Will the right hon. Lady reconsider her last reply? Is she aware that the previous Secretary of State was not going ahead until he had come to an arrangement with the medical profession as a whole?

It could be that the hon. Gentleman knows more about the secret thoughts of my predecessor than I do. I can only say that my predecessor had already started discussions with the hospital doctors and knew perfectly well that because of the need for discussion with the general practitioners they should not be brought in at the same time as the clinics. It was certainly always my understanding that he intended to proceed with the clinics on 1st April.

National Insurance Fund

asked the Secretary of State for Social Services what is the estimated deficit in the National Insurance Fund at the end of the 1974–75 financial year.

The Minister of State, Department of Health and Social Security
(Mr. Brian O'Malley)

None, Sir.

Is it intended that the impending deficit in the National Insurance Fund in the financial year 1975–76, announced by the Secretary of State on 27th March, should be met by a further increase in employees' national insurance contributions?

I ask the hon. Gentleman to wait for the statement on that matter which my right hon. Friend will be making in due course.

Does the Secretary of State intend to increase the Exchequer contribution, as she proposed so strongly when in opposition?

I can only repeat my answer to the supplementary question asked by the hon. Member for Tonbridge and Mailing (Mr. Stanley).

Does my hon. Friend accept that many of us on this side of the House would welcome an increase in the Exchequer contribution as it would be a useful redistributive step?

I understand my hon. Friend's point of view. All these matters have been and will continue to be kept under review.

While dealing with the question of the possible deficit in the National Insurance Fund, will the hon. Gentleman say what is the position in relation to the expected payment of increased benefits on 22nd July? The Secretary of State told the old-age pensioners' conference last week that she was anxious that there should be as little delay as possible in payment. The whole House is anxious that that should be the case. May we be told the position in the light of reports concerning disagreement about this within the service?

As I made clear in my answer, a deficit is not expected during the financial year 1974–75; and my right hon. Friend will be making a statement about the position during 1975–76. As for the second part of the right hon. and learned Gentleman's question, I realise that the whole House will want the most up-to-date information on the implementation of the pension increases on 22nd July. However, that does not arise on this Question.

Abortion

asked the Secretary of State for Social Services if she will pay an official visit to Bolton to hear local opinion on the Lane Report.

Has the right hon. Lady any idea of the depth of feeling that exists among ordinary decent people—perhaps not very vocal people—on the subject of abortion? Does she realise that they regard the Lane Committee's terms of reference as being totally wrong and that they urgently want legislation on the subject? If she cannot promise legislation and if she cannot visit Bolton, may we at least have a debate in this House so that those opinions may be expressed?

The terms of reference of the Lane Committee were drawn up by my predecessor, who appointed the committee. I have now published the report—I lost no time in doing so—and I shall consult widely on the recommendations contained in it. I am sure that the House will wish me to give very careful consideration to the recommendations in the light of those consultations, and we shall welcome views from any organisation or from any part of the House.

Is my right hon. Friend aware that the people who opposed the Abortion Act 1967 welcomed the setting up of the Lane Committee and that simply because they do not like its conclusions they now describe them as "whitewashing"?

I must wait and see what are the reactions to the report before I can entirely endorse what my hon. Friend says. I am sure the House will agree that I should take time for consultations and consider the views expressed, from whatever direction they may come.

Will the right hon. Lady now answer the question put to her by my hon. Friend the Member for Bolton, West (Mr. Redmond) and tell us whether we may look forward to a debate on the report at some stage?

The hon. Lady is well aware that any question of a debate is a matter for the usual channels. The Opposition have their opportunities.

Industrial Disputes

asked the Secretary of State for Social Services what has been the aggregate cost to public funds of supplementary benefits paid to those involved in industrial disputes and to their dependants respectively since the establishment of legal limits on wage settlements; and what is the amount of strike pay received from union funds by strikers over this period and taken into account by the Supplementary Benefits Commission in calculating entitlement to benefit.

Between 30th November 1972 and 26th March 1974, approximately £47,000 and £4·8 million respectively. I regret that the information requested in the second part of the Question is not available.

I found the second part of that answer incomprehensible. The Supplementary Benefits Commission must have figures of the amount of strike pay provided by the unions which had to be taken into account in reckoning people's entitlement to supplementary benefits in industrial disputes. Will the hon. Gentleman please not shelter behind that sort of nonsense? Is it not high time that the unions were required to finance the strikes they organise rather than reserve their funds for £250 dinner parties for union bosses?

The hon. Gentleman's saga on this subject continues. It is possible to have increasingly detailed information if we are prepared to increase substantially the number of civil servants employed on it. I thought it was the hon. Gentleman's view and that of his right hon. and hon. Friends that not only should there be no such increase but that there should be a reduction in the number. However, it is simply not true, contrary to what the hon. Gentleman has implied on a number of occasions, that trade unions do not pay benefits to their members on strike. I give some examples. The AUEW, the Transport and General Workers' Union, the General and Municipal Workers' Union, the ETU and NALGO made payments to their members involved in industrial disputes last year. The average size of payments varied between £5 and £6.

Is it not a fact that the number of days lost because of industrial accidents far exceeds the number lost because of industrial disputes, and is not the hon. Member for South Angus (Mr. Bruce-Gardyne) straining at a gnat and swallowing a camel?

My hon. Friend is right to point out the importance of a good industrial injuries scheme and the magnitude of one problem as set against another. If the present Government were to follow the broader policies of the previous administration and to add to them the demands of the hon. Member for South Angus (Mr. Bruce-Gardyne), we should be back to the industrial chaos that we inherited when we took office.

Does any other country pay cash benefits to strikers or their dependants? If so, which country is it?

If the hon. Gentleman wants an answer on that specific point he should put down a Question, which I should be pleased to answer. However, it should be a matter of pride to hon. Members on both sides of the House that our supplementary benefits system is more sophisticated and gives a better range of coverage to many poor people who need it than that of any other country in the world.

In any event, does not the cost to public funds approximate to the cost of the civil servants involved in answering these ever-recurring Questions to both Governments—Labour and Conservative—who are never able to do anything about them?

I was answering Questions on this subject to the hon. Member for South Angus almost unceasingly in 1969 and 1970, and he has been asking them ever since. This is an area in which there could be valuable cuts in Government expenditure if the hon. Gentleman were to drop the practice and concentrate on bringing industrial peace to the country rather than the reverse.

On a point of order, Mr. Speaker. In view of the unsatisfactory nature of the replies, I beg to give notice that I shall seek to raise the matter again at the earliest opportunity.

One-parent Families

asked the Secretary of State for Social Services whether she can yet state her conclusions on the Finer Committee's report on one-parent families.

No, Sir. I have had this long and comprehensive report for only a matter of weeks and it has not yet been published. Although consideration of the report by the various Departments concerned has begun, an early statement cannot therefore be expected.

When the Secretary of State gives her conclusions on the report, will she pay special attention to the views of the Gingerbread organisation which represents people with personal experience of the problem?

When the report is published, I shall be glad to have the views of any organisation upon it, especially those which have taken a special interest in these matters.

When the right hon. Lady looks at the problem of one-parent families, will she remember that an unmarried mother cannot qualify for maternity grant on the father's national insurance contributions? Since payment of maternity grant is aimed at providing for the baby and since the needs of babies are identical irrespective of the marital status of parents, will the Secretary of State look at this problem in advance of any other considerations?

The right hon. Lady has already taken credit for the expedition with which she published the Lane Report. In view of the importance of the report of the Finer Committee, which has already been studied by the Prime Minister, as he told the House last week, can the Secretary of State say that she will be publishing that report at an early date, and, if so, when?

Yes. I put the report's publication in train immediately. It is a vast and comprehensive report and contains a great deal of reading. The printing will take a little time, but I hope that the report will be available by the end of next month.

National Insurance Cards (Illegal Immigrants)

asked the Secretary of State for Social Services whether she intends to continue with checks on the issue of National Insurance cards to prevent them being issued to illegal immigrants and to others not entitled to them; and whether she will make a statement.

I am considering the arrangements mentioned by my predecessor in his reply to the hon. Member's Question of 22nd January 1974.—[Vol. 867, c. 1431–2.]

Does the Secretary of State agree that in the past case after case showed that it was easy for an illegal immigrant both to get a job and to obtain a national insurance card? Therefore, would not an effective check remove the incentive to illegal immigrants to come to this country?

My concern is to ensure the proper operation of my Department. Problems arise in terms of the difficulties in understanding language, getting names clear and all the rest. That is the sort of matter in which I am interested and at which I am looking.

Will my right hon. Friend assure the House that her Department will look carefully at this matter and refuse to be part of any witch-hunt or hounding of people who work in this country, who are new Commonwealth citizens and whose sole crime seems to be that they are benefiting the British economy?

I repeat to my hon. Friend that my Department's responsibility is to ensure the discharge of the legal liability on insured persons to pay national insurance contributions in the right way and at the right time. That is my sole concern, regardless of who may be involved.

If the Government are in earnest in countering both over-staying and illegal immigration, will the Secretary of State take this matter very seriously? Will she bear in mind that the limited arrangements started by the Conservative Government—which I hope she will develop sensibly—do not involve a witch hunt, have already proved their worth and involve no breach of individual confidentiality?

The limited arrangements announced by my predecessor in January had not come into operation by the time the election was held, but I am considering my predecessor's proposals and hope to be able to make my decision known before long.

Supplementary Benefit (Over-size Accommodation)

asked the Secretary of State for Social Services if she will take steps to reduce the incidence of cases of people receiving supplementary benefit unnecessarily and unwillingly because they are unable to move from accommodation larger than they need; and whether she will make a statement.

I am not aware that this is a substantial problem but will gladly consider, in consultation with my right hon. Friend the Secretary of State for the Environment, any evidence that the hon. Member may like to send me.

If in consequence of the breakdown of a marriage someone is left with a dwelling beyond his or her means or needs, will the housing authorities be encouraged to take over the dwelling in the general interest and in the interest of the individual concerned?

In the case of council houses, local authorities usually do all they can to ensure that people have accommodation suitable to their needs. For people in privately-owned accommodation who cannot reduce their commitments by moving elsewhere, schemes of rebated rates and rents are available for those who do not want to claim supplementary benefit or who are not entitled to it.

Contraceptives

asked the Secretary of State for Social Services what evidence she has of the relationship between the free issue of contraceptives and the number of illegitimate births, the number of abortions and the incidence of venereal disease.

There is no clear-cut evidence as to how these things are related, but it was clear from the extensive debates on the National Health Service Reorganisation Act 1973 that the still increasing numbers of illegitimate births and also of abortions were a major source of concern and that both Houses considered that an expansion of the family planning services under the National Health Service was needed in order to attempt to reduce them.

I thank the hon. Gentleman for that answer. Does he not realise, however, that the evidence from Aberdeen shows that although there has been liberal abortion for a period of over 17 years and a free contraceptive service since 1966, the number of illegitimate pregnancies as a proportion of total pregnancies doubled between 1961 and 1971 to a figure of one in two of the total pregnancies, the highest proportion in Scotland? Is he also aware that the extent of venereal disease in Aberdeen during that time has quadrupled? Does this not indicate that, despite easy abortions and a free contraceptive service, the problems have increased and that perhaps a national campaign for self-control might be more useful?

The hon. Gentleman is an educationist and must know that it is dangerous to attempt to draw general conclusions from experience in any one city.

Does my hon. Friend agree that the commonsense attitude on this topic is surely that free contraceptives would result in fewer rather that more illegitimate children?

It was surely that reason which led hon. Members in all parts of the House to agree that free contraceptive advice should be available. Since in recent months there has been much speculation on this topic, it would be as well for Conservative Members to remember that 54 Conservative Members of Parliament signed an early-day motion asking for a free family planning service and that the Conservative Government were twice defeated on that matter in the House of Lords.

Does the Minister agree that the provision of this service places a great financial burden on the Exchequer? Is it in line with Labour policy to pour taxpayers' money into the coffers of private contraceptive manufacturers?

I do not think the cost of the service will be as great as the hon. Gentleman seems to think. Many people believe that this will be balanced by savings in the considerable cost of illegitimate births and abortions as a consequence of not having readily available family planning advice.

Mental Relapse and Community Care

asked the Secretary of State for Social Services what studies her Department has undertaken to assess the relationship between the mental relapse rate and the scope of community care.

It will be difficult to establish a specific relation between mental relapse and community care, but my Department is sponsoring the evaluation of major psychiatric service developments at Worcester and Southampton. We are also supporting psychiatric case registers at Camberwell and Salford which are used as a basis for the study of community psychiatric problems.

I am grateful to my hon. Friend for saying what has been done. On the specific matter dealt with in the Question, I think it can be said that the reply given 10 years ago caused some disquiet but that at the present time such a reply would be an affront to the House and to those working in mental health. Will my hon. Friend give consideration to a specific project aimed at examining the nature of a relapse, with particular reference to community care?

I am advised by the Chief Scientist in my Department, who will look at any specific proposals in this area.

Does the Minister agree that on this subject it is crucial to have the closest co-operation between the National Health Service and local authorities? Will he assure the House that he will take a close interest in this matter and will look specifically at the operation of health care planning teams?

Does my hon. Friend agree that it is worse than useless to discharge patients from mental hospitals if there is nowhere suitable for them to go, so that eventually their condition gets worse and they have to return to hospital? What action will he take to reverse the Conservative Government's expenditure cuts and refusals of loan sanction which have done so much to discourage local authorities from caring for these people?

I agree with my hon. Friend that it is easy to talk about community care and then not to give the facilities and resources that are needed. At a time of scarce financial resources we should concentrate help where it is most needed. I believe that strong priority should be given to the development of community services.

Long Eaton (Health Centre)

asked the Secretary of State for Social Services when she now expects to sanction the building of the health centre at Long Eaton.

The health centre at Long Eaton is among the 85 centres which my right hon. Friend is considering for further development in the current financial year. I am not yet able to confirm whether the Long Eaton centre will be approved for development in 1974–75.

Will the hon. Gentleman bear in mind that in Long Eaton, which has a population of over 30.000, there is not even an accident centre and that the people in the area are desperately anxious to have at least some facilities in the area so that emergency cases can be treated urgently?

These are the kind of factors that will be borne in mind when deciding where health centres are to be built. Again, at a time of shortage of financial resources we need to be selective and to put health centres in areas where there is the greatest need.

Poverty and Social Deprivation

asked the Secretary of State for Social Services if she will set up an inquiry into poverty and the needs of the socially inadequate.

I do not consider that any new general inquiry is required at the present time. My Department's research programme includes a number of on-going studies concerned with different aspects of poverty and the needs of the socially inadequate.

Does the Minister think it regrettable that in the relatively affluent mid-1970s we as a society have still failed to tackle the problem of poverty, despite measures introduced by successive Governments? Does he think that a high-level inquiry outside the realm of the Government might be useful?

I have sympathy with the motives behind the hon. Gentleman's question and the way he has put it, but the major problem affecting poverty and deprivation is not so much lack of knowledge as lack of the enormous resources that we would need to cope with it. The hon. Gentleman will know that the Department already allocates substantial resources to the kind of research he has in mind.

Will the Minister indicate when the results of the departmental study into poverty might be brought before the House? We on this side, and I am sure Members on the Government side, need information from the study. Perhaps the inquiries which are being undertaken could be revealed to the House at an early date.

I am not sure to which study the hon. Lady relates her question. A number of research projects are going forward under the aegis of the Department—for example, through the Social Services Research Council, the National Institute of Economic and Social Research and a number of other organisations—in addition to the work that is done on an on-going basis in the Department. If the hon. Lady wishes to ask a Question on any particular item of that research, I shall be pleased to answer it.

While accepting my hon. Friend's sympathetic attitude towards this matter, may I ask whether it is worth looking at again? Might there not be something to be gained from a study of this nature, particularly into the position of educationally subnormal people? Is my hon. Friend aware that I have arranged for the University of Aston in my constituency to carry out a pilot scheme on those lines? Would he be interested in having the results of that scheme when it has been completed?

Of course I would. If my hon. Friend and any other hon. Members believe that there are aspects of research into poverty and deprivation that need investigating, they would be doing a service to the House and to the community by bringing those suggestions forward.

Does the Minister agree that it is regrettable that the present Government have seen fit not to introduce a tax credit system, which by and large would eliminate a great deal of poverty?

That matter does not arise from this Question. The totality of policies which will be implemented and introduced by this Government will deal radically with the problem of poverty and deprivation much more effectively than anything brought forward by the previous Government.

Nevertheless will the hon. Gentleman accept and act upon his acceptance of the fact that many hon. Members, not on this side of the House alone, are very concerned about the Government's failure to take any steps towards the implementation of a tax credit scheme or something along those lines as a well-designed vehicle to tackle part of the problem?

If that is so, I can only say that no representations have been made to me other than those made in the House this afternoon by Opposition Members. I can only repeat that there were fundamental defects and flaws in the tax credit system that the previous Government announced they were to implement later in the 1970s and that the present Government felt unable and unwilling to implement such a policy.

Pensionable Age

asked the Secretary of State for Social Services if she will initiate a study into the cost and the economic and social effects of reducing the pensionable age of men to 60.

My right hon. Friend will bear in mind this suggestion as we come to develop our proposals for longterm social security provision. But I must tell my hon. Friend that it is already clear that the cost of any reduction in the minimum pensionable age for men would be very heavy.

Is my hon. Friend aware that literally hundreds of people have written to me supporting this proposal? There might be financial difficulties in introducing such a proposal at this early stage, but will he today give support in principle to this humanitarian step which is a basic part of establishing equality between the sexes?

I understand that many people, particularly in heavy manual employment, would prefer to retire before the age of 65. I have two points to put to my hon. Friend. First, it would not help people if they retired under a structure and system of pensions that involved means-testing and a sharp reduction in their living standards. Therefore, any reduction in pensionable age would not help people in those circumstances.

Secondly, the cost of such a proposal—putting the minimum age of retirement for men down to 60—would be substantial and would take away resources needed for the present generation of retirement pensioners.

Does my hon. Friend accept that most people want freedom to choose the date of their retirement between the ages of 60 and 70? Will he assure the House that in the amendments to the Social Security Bill which the Government will be considering serious consideration will be given to introducing more freedom of that kind?

In my answer I said that we would bear in mind the suggestion made by my hon. Friend the Member for Cannock (Mr. Roberts), but I must tell the House that the cost of a reduction in the minimum pensionable age to 60, or even the proposal put forward by my hon. Friend, could mean the imposition of an extremely large burden on the working population.

Invalid Vehicles

asked the Secretary of State for Social Services if she can now say what action she proposes to take on the Sharp Report's recommendation for the replacement of three-wheeled vehicles for the disabled, in view of the importance to many disabled people of carrying passengers.

I have nothing at present to add to what I said during the debate on 1st May.—[Vol. 872, c. 1238–44, 1281–5.]

I thank the hon. Gentleman for that statement. Is he aware of the special difficulties of disabled mothers whose children go to school some distance from where they live? They are virtually forced into the distasteful choice of breaking the law by carrying their children in vehicles not designed or insured for that purpose or of letting them travel over long distances on main roads, which they are reluctant to do. Will the hon. Gentleman take a positive step to ensure that this category of person qualifies for a four-wheel vehicle as soon as possible?

This is one of the problems of which we were deeply aware in the debate on 1st May. The hon. Gentleman will know that we are consulting a large range of organisations representing disabled people. For my part, I shall have the point that he has made very much in mind in the course of that consultation.

Does my hon. Friend accept that the best social and economic decision would be to provide the best and most suitable vehicle for all people to suit their individual needs arising from their disabilities? This may range from the ordinary four-wheeler to the three-wheeler which now exists and possibly, in some cases, a milk float. If those types of vehicle are not acceptable, I suggest that my hon. Friend should give these people a special mobility grant if no suitable vehicle is available.

In the debate on 1st May we considered the particular needs of different categories of the disabled. We have not previously considered giving them milk floats. Nevertheless that point was made by my hon. Friend. We are looking into the individual needs of the disabled and shall do everything we can to help in announcing our decision after the consultation.

Will the hon. Gentleman clear up the confusion in the minds of some of the disabled concerning the fact that the Government might withdraw permission to use the existing three-wheel vehicle in favour of the four-wheeler? Some people are anxious that this permission will be withdrawn. Will the hon. Gentleman clear up this point?

In the debate I referred to the residual demand that we expect from severely disabled people who feel that they cannot drive any vehicle other than a three-wheeler. I gave the assurance, which I now repeat, that we want to provide a vehicle service suited to the needs of all disabled people.

Is my hon. Friend aware that the campaign in the House for four-wheel vehicles has been going on for 25 years to my knowledge, so that this is nothing new? We have had blank refusals from Conservative Ministers to 12 deputations at which I have been present. I urge my hon. Friend that now is the time the Government should be considering the question, not simply for one specific class of invalid people but for the whole body of invalid people, including paraplegics and everybody else involved.

I know that my hon. Friend will have been pleased that we were able to publish the Sharp Report so soon after becoming the Government. I am aware of the problems of the disabled passenger. In last week's debate we said that the needs of the disabled passenger must be considered at the same time as we consider the needs of disabled drivers. I appreciate that mobility is a priceless asset which perhaps can be fully appreciated only by those who have lost it.

Will the Under-Secretary now make it quite clear something which he did not manage to make absolutely clear at the end of our debate on the Sharp Report, namely, whether the Government definitely reject the Sharp criteria for eligibility as a basis for future action?

We tried to clarify the position at the end of the debate. We are not prepared to exclude categories of disabled people who are now entitled.

Weston Favell District Health Centre

asked the Secretary of State for Social Services why the Weston Favell district health centre has been removed from her capital programme for Northamptonshire, in view of the development area in which it is situated and the health needs of the growing population.

I regret that my right hon. Friend has been unable to authorise a start in the 1974–75 programme on many deserving schemes, including that at Weston Favell.

Is the Minister aware that there are already 8,000 people in this area all of whom have come from either Birmingham or London overspill and that the ultimate figure is scheduled to be 40,000? Is not the Minister's answer simply another example of Northampton being asked to shoulder the burden of expansions from London and Birmingham without being given the means to do so?

Northamptonshire County Council has made good progress in recent years. Seven health centres have been completed, including the one at Weston Favell at Lumbertubs used by two general practitioners. Two are under construction. I welcome the fact that Opposition Members also are enthusiastic about health centres. We will spend as much money as we have available from scarce resources and increase the spending if we can.

Will my hon. Friend instruct the Department to remember at all times that the population of Northamptonshire is increasing because of overspill more rapidly than that of any county?

My right hon. Friend is quite right, and this is one of the factors that we weigh very heavily in making decisions. Increased population trends are a major factor.

Christmas Bonus

asked the Secretary of State for Social Services if she will consider extending the pensioners' £10 Christmas bonus to recipients of invalidity benefits where such benefits constitute the sole income of either a single person or married couple.

The question of a possible Christmas bonus and of those who should benefit from it will be considered in due course.

I appreciate my right hon. Friend's reply. Will she recognise when she reviews the £10 Christmas bonus that the amount of money involved for the category of people I have mentioned would be very small and would be greatly appreciated amongst the other range of benefits which the present Government have increased and which are also widely appreciated?

I am well aware that there is a very strong feeling among the disabled and the chronically sick that they should not be excluded from these bonuses as they were under the Conservative scheme. Therefore, this is one of the matters that we have to consider very seriously in deciding what our policy should be.

As the right hon. Lady is criticising the scheme introduced by the Conservatives, can we have her assurance that she will do better?

As I have already said in answer to my hon. Friend, the scheme, its date of introduction and its extension are matters which I am considering, and I shall report in due course.

Prescription Charges

asked the Secretary of State for Social Services whether she will consider the exemption from prescription charges for chronic sick who show evidence of their need for continuous medication by having a current six-monthly or annual prepayment certificate.

I am now looking in detail at ways of exempting people with chronic illnesses front prescription charges. There are innumerable practical difficulties. My hon. Friend's suggestion would, I fear, produce serious anomalies.

As only £¾ million is received from subscribers to these certificates, does not my hon. Friend agree that this amount could be saved in administrative charges?

I agree that the sum which would be saved is currently estimated to be about £¾ million. Our problem is that many patients in need of frequent prescriptions are not prepayment certificate holders. This is perhaps our major problem. We need to involve more people who are chronically sick. This must be considered in any exemption scheme.

Questions

Caribbean

asked the Prime Minister if he will seek to pay an official visit to the Caribbean.

I have no plans to visit the Caribbean at present, Sir.

Does not the change in world sugar prices make nonsense of the right hon. Gentleman's Government's proposals for the so-called renegotiation of the terms of entry into the Common Market? Is not this renegotiation really a sacrifice of the country's future prospects on the altar of Labour Party solidarity? Will the Prime Minister say whether any Caribbean Government have made a specific approach to him for renegotiation of the terms for sugar?

I will immediately say "No" to the hon. Gentleman's elucidation of the motives in the matter of renegotiation. The temporary movement of sugar prices does not affect the fact that for 20 years and more Caribbean and other developing Commonwealth countries have gained enormously from the Commonwealth Sugar Agreement. It is my view and that of the Government—it was our view in opposition—that terms which do not provide for an adequate entreé into the Common Market, including Britain, if that is the result of the negotiations, are absolutely inimical to the interests of the Commonwealth and of Britain.

Is the Prime Minister aware that he could save himself a lot of time and find out all he wanted to know about the Caribbean if he would pay another visit to Brixton?

I well remember that visit to commemorate something—I cannot quite remember what, but it was something worth commemorating. I remember particularly the tributes paid on all sides by Caribbeans and their descendants to my hon. Friend.

Will the Prime Minister pay a nostalgic visit to Anguilla? If he does, will he reassure the leaders of Anguilla that when the constitutional talks have been held the people of Anguilla will have a referendum on whether they stay with St. Kitts or secede from St. Kitts and have a direct link with the British Crown?

I will certainly consider what the hon. Gentleman has said. As regards nostalgia and more recent events, some of the questions I hear from some of the hon. Gentleman's colleagues suggest to me that should we be looking for a new Governor of Anguilla, I can think of one or two of his hon. Friends who deserve the Anguilla I remember.

Is the Prime Minister aware that I think that only twice in the last 20 years since the Commonwealth Sugar Agreement has been in operation until the present time has the price of sugar which the sugar-producing countries in the Commonwealth have been getting been exceeded by world prices? However, there is now no indication that this is a purely temporary phenomenon, which is what the right hon. Gentleman said it was.

Is the Prime Minister aware that the last Government were able by special arrangement, after the Prime Minister of Jamaica came to see me, to supplement the incomes of these countries following the very grave blow which had been struck to the Caribbean countries because of the increased world price of oil? The price which they can now get in the world is much higher than the Community price. I believe, as the Prime Minister is aware, that the negotiation of 1·4 million tons was satisfactory. If this situation is to be maintained, it is important to bring the Caribbean countries to realise that they must maintain their sugar supplies to this country, otherwise the position of any British Government in the Community will be undermined.

The right hon. Gentleman has made a very fair point. I had discussions recently with the Prime Minister of Jamaica on this question. Since the right hon. Gentleman went back 20 years, which I had not done, perhaps I might say that the sugar agreement was negotiated by the Board of Trade when I was President. I have always been proud of it, and what it has achieved has been worth maintaining. I would not assume—nor do I think the right hon. Gentleman assumes—that for the next 20 years the present temporary arrangements about sugar prices will continue. What I cannot accept and what I do not think most of us concerned with the matter can accept is that the aura à coeur formula is an adequate criterion either for Commonwealth sugar producers or for those in this country who are engaged in the production of sugar from cane sugar imported from the Commonwealth.

Livestock and Glasshouse Producers

asked the Prime Minister whether he has agreed to meet representatives of the livestock and glasshouse sectors of agriculture as requested by the President of the National Farmers' Union.

No, Sir. My right hon. Friend the Minister of Agriculture, Fisheries and Food has had several meetings with leaders of the industry and is fully in touch with the situation.

While one understands the Prime Minister's reluctance to meet the representatives, may I ask him how, in the absence of adequate guarantees, supplies of beef and pigmeat are to be assured in future? Is it the Government's intention to make the help given to the glasshouse growers more permanent?

It is a question not of my reluctance to meet the repre- sentatives of the NFU but of my confidence in my right hon. Friend the Minister of Agriculture's handling of these matters. He has answered many Questions in the House on these subjects. He has announced, I agree, a temporary subsidy for the glasshouse producers. The House will be debating these matters fully tomorrow, when my right hon. Friend will state the Government's position.

Selkirkshire

asked the Prime Minister if he will make an official visit to Selkirkshire.

I would refer the hon. Member to the reply that I gave him last Thursday.—[Vol. 872, c. 1315.]

While I am disappointed that the right hon. Gentleman cannot visit Selkirkshire, may I ask him whether he would consider visiting, elsewhere in the country, at least one or two livestock farms and looking at the books, to satisfy himself that the case that the livestock farmers are making about their losses is genuine and serious?

That was encompassed in my answer to the hon. Member for Epping Forest (Mr. Biggs-Davison) on the previous Question.

Handicapped Children

asked the Prime Minister if he is satisfied with the co-ordination between the Departments of Social Services, Education and Science, and the Scottish Office on the provision of adequate education and other facilities for handicapped children.

Is my right hon. Friend aware that we recognise that inquiries are being made on this matter? Does he agree that this is one of the social problems which have been most neglected, certainly since the war? We do not know even the size of the problem. Will he say how we are to ascertain the size of the problem as regards educational handicap, social handicap and physical handicap and when we might have a White Paper or some other means of getting to know the Government's policy on this matter?

I am glad that my hon. Friend referred to certain inquiries which are going on at present. He and the House know what they are. He is right to say that in present circumstances we do not know the size of the problem. This was a difficult problem on which I spent a lot of time when I was previously Prime Minister. I know that my successor and predecessor, the present Leader of the Opposition, was also concerned with it. It is very difficult to be certain that one has the right answer in departmental arrangements. I think that we have the right answer, and we now have a junior Minister with full responsibility for the problems of the handicapped within his departmental responsibility. He has recently been given a considerable remit for co-ordination with other Departments concerned.

Is the right hon. Gentleman aware that, in consequence of his Government's decision to cut the rate support grant to the Trafford district of Manchester by more than £8 million this year, there will be many mentally handicapped children who will be unable this summer to go on holiday paid for by the local authority? Is he willing to look at this question again?

The rate support grant has been debated in the House. We had to operate within the general total laid down by the Government that the hon. Gentleman supported and, I think, voted for on these questions. Certainly some districts, as a result of the very rough justice—the hon. Member may think it rough injustice—that had to be introduced, are worse off in this and other respects while others are better off. In the country as a whole, however, the position which the hon. Member supported under the previous Government was just as bad as what he is now describing.

Is my right hon. Friend aware that the right hon. Member for Altrincham and Sale (Mr. Barber) said that no council need put a penny on the rates and that the large increase in his own constituency must be the fault either of his Conservative Government or of his Conservative council?

I have not seen the right hon. Gentleman recently to find out whether he still sticks to that view.

No doubt the Prime Minister will recall that before the resignation of the last Government we had announced a committee and its chairmanship to deal with the problems of handicapped children. Do the Government propose to continue with that? If so, when will the full membership be announced?

Yes, Sir. If the right hon. Gentleman is referring to the Warnock Committee, set up to review the educational provision for handicapped children in England, Scotland and Wales and the arrangements to equip them for adult life, we expect it to begin work in the near future and I hope that my right hon. Friend will be announcing its membership very soon.

Will my right hon. Friend consider this matter urgently? Is he not aware that many of these children could be educated to keep themselves later in life and thereby take a terrible burden off their parents, whose thoughts continually are, "What will happen to our children when we pass away?"

I agree about that, but there are problems in education over the adequacy of the numbers of teachers specialised in these very difficult fields. The problem is that we are not talking about one category of handicapped children: that is the reason for the appointment of the Warnock Committee. I have been much concerned, as have others, with the problems of autistic children, a very special and tragic category which needs a great deal of money, particularly if they are to have any sort of chance in life.

Ministerial Broadcasts

asked the Prime Minister whether he has any current arrangements to make a ministerial broadcast.

As this seems to be the season of confessions, will the right hon. Gentleman go on television to declare his interest in sponsoring a £10 million hand-back to the unions in order to retain their position above the law of the country?

There was no such suggestion that they maintain their position above the law of the country. The House will have an opportunity of debating this matter on the Finance Bill. As I made clear in a speech, a copy of which is in the Library—the hon. Gentleman might consider it inordinately long—what we have done is give effect to the undertakings in a debate on 23rd March 1971 by the then Secretary of State for Employment that the unions need not be prejudiced. Since they have been prejudiced, we have thought to put it right and to validate the position taken up by the then Conservative Minister, for whom the hon. Gentleman voted in that division.

Since the Prime Minister does not intend to make an immediate ministerial broadcast, and since there is no notice of a statement to be made, can he say by what means—whether by the speech of the Secretary of State for Employment in today's debate I know not—the House and the country will know what are the Government's plans in the light of the threatened engineering strike, which could in its incidence be as serious to the country as the miners' strike, from which we are only just recovering?

I am glad to see the right hon. Gentleman rising after the hon. Gentleman, in view of his departing statement at London Airport on the £10 million question. I welcome the fact that he voted with the Labour Opposition on that occasion and is anxious to show the House his inconsistency in this matter. On the important question that he has raised, it is likely that if my right hon. Friend catches your eye, Mr. Speaker, to move the Second Reading of a very important Bill which is before the House today he will refer to this matter. It is a very serious consequence of the actions of the court over the last two or three days, themselves the result, even now as the Act is dying and putrefying, of Conservative legislation. My right hon. Friend is, I think, meeting the general secretary of the union concerned later today to discuss the situation.

Will my right hon. Friend at the appropriate time consider making a ministerial broadcast in the shape of a report to the nation about how the renegotiation of our EEC entry terms is going?

My right hon. Friend the Foreign and Commonwealth Secretary and other Ministers have informed the House fully about the negotiations with the EEC, and my right hon. Friend is attending the Council of Ministers today. Clearly, with the present situation in France and now, in my view tragically, in Germany, we shall not be able to make much progress in the next week or two until certain Governments are reconstituted, after which my right hon. Friend will keep the House fully informed.

In his speech on the Industrial Relations Bill my right hon. Friend the then Member for Mitcham (Mr. Carr), to whom the Prime Minister has referred, indicated the ways in which, either under the Bill or outside the Bill, a trade union need not bear the burden of tax on its particular funds. Will the Prime Minister tell the House whether he has been informed by the unions how many of them followed the procedure advised by my right hon. Friend but failed to secure exemption from taxation?

There were two procedures laid down by the right hon. Gentleman the then Member for Mitcham. One was registration under the Act, which was not a requirement under the Act but was voluntary. The second related to certain redispositions of funds. I am informed that, contrary to the legal advice given by the right hon. Gentleman on that occasion, a number of unions considered this matter, consulted their legal advisers and were informed that this would not secure the necessary exemption.

It was not a question of making the attempt. It was a question of taking the legal advice that they were given. I should have thought that, in view of the categorical assurances given by the then Secretary of State in asking the House not to vote because there was no problem and it was an unnecessary fuss, and as he remained in office for the next three years, he would have interested himself in the situation to see what was happening and to introduce the amending legislation which he refused in our amendment.

I interest myself in this matter greatly and to the extent that no union ever informed me that it had made the attempt and had been refused.

I have said that they took legal advice and got different advice from that of the right hon. Gentleman. Why, in that case, did not the right hon. Gentleman introduce legislation to give effect to what he and his right hon. Friends voted for in March 1971?

Will my right hon. Friend remind the House that during the passage of that legislation the then Solicitor-General promised that if any trade union at that time not so registered changed its decision and registered in future, any tax owing to it would be paid retrospectively?

There is no present ministerial responsibility for the then Solicitor-General. But the problems that we are facing today and the problems of the last three days are the direct result of the actions he took in sponsoring that Act.

As the Prime Minister was good enough to raise matters outside the supplementary question that I put to him, may I ask whether he agrees that those who, in company with him, unsuccessfully moved an amendment, as he rightly says, on the £10 million issue are in a very strong position to say that the fact that they did not like something which one Government's Finance Act or Industrial Relations Act passed is no argument for retrospectively trying to amend it in the next Government's Act? Does the right hon. Gentleman agree that it is a very dangerous precedent if an Opposition who do not like a Finance Act dip into the till when they come to power to reverse its incidence because they happen to have changed sides?

No, Sir. The right hon. Gentleman has forgotten that we were voting not on a Finance Bill but on the Industrial Relations Bill. I take the view that the vast majority of those who voted with me and expressed their view on that occasion will be showing their consistency in this matter, unlike the right hon. Gentleman. But I hope that the right hon. Gentleman, now that he has returned and has had time to consider these things, will recognise that while there is a general dislike of retrospective legislation in fiscal matters there is a difference between retrospective legislation to put right a wrong which has been carried out and retrospective legislation to penalise a taxpayer as compared with the position that he thought he was in when he made certain financial dispositions.

Pension Schemes (Government Policy)

With permission, Mr. Speaker, I should like to make a statement about the Government's proposals regarding the future of the Social Security Act 1973.

The Social Security Act is due to come into force on 6th April 1975. But as the House knows, there are many features of our predecessors' long-term pension scheme embodied in this Act which we find unacceptable; in particular, the provision it makes for the so-called "second pension" is wholly inadequate. If the Act goes forward in its present form millions of pensioners will have to supplement their pensions by means-tested assistance well into the twenty-first century. Moreover, women in general and widows in particular will be left without adequate pension coverage.

At the same time, I recognise that considerable preparations have already been made—by employers, trade unions and those concerned with running occupational pension schemes on the basis that the Act would be coming into force next April.

This situation has caused the Government some difficulty. We have had two choices. On the one hand, we could allow the Act to come into force next April in its present form, pending the introduction of our own long-term pension proposals on which I have promised a White Paper as soon as possible, and on which we would hope to legislate in the next Session of Parliament. This would mean that people would be paying contributions to the reserve scheme for very limited pension entitlements until the scheme was replaced by our own, after no more than two or three years. Moreover, the Government would seem to be accepting a scheme which has been widely condemned by the trade unions and in this House, and which would not provide adequately for the pension needs of women. Alternatively, we could arrange to bring into operation only those parts of the 1973 Act provisions which would not militate against our own long-term proposals.

After fullest consideration the Government have decided that the second course is the right one. Accordingly, we propose to allow the basic pension provisions of the Act to come into force on 6th April 1975 as planned, including the change to a fully earnings-related contribution system, and the winding up of the graduated pension scheme, but not those provisions in it which relate to the reserve pension scheme and the arrangements for exemption from it. The long-term proposals which the Government will put before Parliament will include the repeal of these latter provisions. But the provisions of the Act relating to preservation of occupational pension rights will come into force as planned. I shall shortly be making an order under the Act giving effect to the Government's decision.

I realise that this decision will affect those concerned with occupational pension schemes who have been overhauling their schemes in order to bring them into line with the recognition criteria. But the setting up of any good new occupational pension scheme or the improvement of an existing one represents a move in the right direction. And by making a clean break we shall avoid an uneasy interim period during which schemes would have had to adapt to one set of requirements at the very time when new requirements were being worked out.

I want to make it plain that we are in favour of, and wish to encourage the development of, good occupational pension schemes, which are highly valued by the people in them. It is not our purpose to place any obstacles in the path of such schemes.

I realise also that, for the interim period before the Government's long-term pension proposals take effect, those who are not members of occupational pension schemes will lose the benefits that would have accrued from the reserve pension scheme. But those benefits would have been very small indeed for most people. So in general the loss of two or three years of such rights will soon be overtaken by the more generous long-term provisions we shall propose, and the scheme will have a quicker build-up, which, of course, will help those approaching retirement age when it starts. Moreover, there is the big improvement we are making already in the basic pension, so that overall both pensioners and prospective pensioners—men and women—can be sure that they will get a better deal from this Government.

Pending the introduction of our full scheme, the House will want to know how I envisage that the higher basic pension of £10 and £16, as adjusted by annual upratings related to earnings and not just prices, will be financed from April 1975. As I have previously told the House, we shall at that point move to fully earnings-related contributions and the flat-rate contributions will cease as provided in the 1973 Act, but legislation will be necessary this Session to adjust the new contribution rates.

Under the National Insurance Bill now before Parliament, the uprating for the current year will necessitate an increase in the standard percentage under the graduated scheme to 5½ per cent. from this August, and in legislating for the situation after April 1975 we would propose to keep the percentage contribution for employees at the same level. It is not possible at this stage to say what precisely the employer's contribution will be after that date, but we estimate it will be about 8¾ per cent. The Exchequer contribution will remain at 18 per cent.

The net effect of all this will be that the vast majority of employees will have no further contribution increase, to finance the current uprating, in April 1975. The House will also remember that those who were compelled to become members of the reserve scheme and their employers would have been paying contributions of 1½ per cent. and 2½ per cent. respectively, in addition to their basic scheme contributions, from next April. These additional contributions will not now be imposed.

I shall be bringing full details of the contributions payable from April 1975 before the House in due course.

Does the Secretary of State realise that her statement will be regarded by many hon. Members as destructive and doctrinaire? She has committed the very mistake against which her former right hon. Friend, Douglas Houghton, warned her when he said only last September that he was convinced that the scheme provided for in the 1973 Act should go ahead and that any alternative would be profoundly wrong. It is entirely idle for her to protest her desire to encourage the growth of occupational pension schemes when by her own statement she has created an uneasy interim period of at least three years—precisely what she wanted to avoid.

How far does she envisage any future rôle for the Occupational Pensions Board in relation to the preservation of pension rights? Can she assure the House that the White Paper she promises will be forthcoming at the earliest possible date? Will she recognise that her statement will have the effect of creating the maximum possible confusion? Is she aware that the failure of her Government to build upon the foundations provided by the last Government is a wholly unjustifiable conclusion which this minority Socialist Government has no mandate whatever for reaching?

It is only to be expected that Conservatives should consider any attempt to remedy their mistakes as both dangerous and doctrinaire. Of course, the right hon. and learned Gentleman is starting from the point of view that the 1973 Act would have provided an adequate basis for security in old age for all our people. The facts prove that to be wrong. Our predecessors' scheme would have left hundreds of thousands of pensioners still dependent on supplementing their pensions from assistance well into the twenty-first century. I should have thought that the House would agree that the time had come to put a pension schemes on the statute book which would eliminate the dependence on supplementary benefit and help to reduce the miasma of means testing which hangs over our people.

Having therefore to start from the point of view that our predecessors' scheme would not do, I maintain that this interim arrangement is the simplest and the most helpful that can be devised. When the right hon. and learned Gentleman says that we shall be leaving occupational pension schemes in uncertainty for two or three years, he should remember that our intention, as already stated, is to produce long-term pension proposals in the form of a White Paper as soon as possible. That will make very clear the continuing rôle of good occupational pension schemes and will be a new incentive to persuade industry to bring these private schemes up to a level which is commensurate with the standards and needs of the present time.

I have seen the chairman of the Occupational Pensions Board and I have written to him and to the members. We see a continuing rôle for the board. It will have the duty of supervising the preservation rights of pension schemes. I know that it will be glad to give advice to the Government about their own scheme and it will be advising firms on the rules of private schemes. I see a very important future for it.

Is my right hon. Friend aware that the main beneficiaries of the Conservative scheme would have been the insurance companies, including those who make large donations to Conservative Party funds? Is she further aware that her scrapping of the Government reserve scheme will be welcomed by thousands of workers? In any changes that she makes, will she endeavour to ensure that the contributions that have been made to the Conservative graduated pension scheme are made inflation-proof? Will she also see that there is equality of tax relief for contributors to all schemes, whether Government or private?

I have a lot of sympathy with my hon. Friend's feelings about the treatment of the remnants of the graduated scheme and I am looking at it sympathetically. I entirely agree with him that workers as a whole will welcome our decision not to introduce the reserve pension scheme. It has been widely attacked in the trade union movement, and the TUC at its last congress in 1973 passed a resolution condemning the Tory scheme as totally inadequate.

The Minister will be aware that some firms have already announced, and that many other firms are about to announce, reshaped schemes taking account of the Act. As her statement will put all this into confusion, will she promise that the White Paper is likely to be published within the next two or three weeks?

Firms may have been considering their schemes, but they have been extraordinarily slow in applying for recognition certificates from the Occupational Pensions Board. No such certificate has yet been issued. I do not believe that private industry would have been ready for the introduction of the Conservative scheme in April 1975, and there would have been something of the same backlog, confusion and hurried patching up of last-minute efforts as was experienced with the reorganisation of the National Health Service. I therefore do not accept from the hon. Member that what I have announced will be disastrous. However, I repeat that it is our intention to encourage good occupational pension schemes, and that is the message that I want to go out from the Government this afternoon. I hope that industry will take account of it. I shall produce the White Paper as quickly as I can.

I fully support the Secretary of State in her desire to eliminate the need for supplementary benefits and I appreciate her understand- able desire to introduce a satisfactory pension scheme. Does she realise that several of her predecessors grappled with this problem for about 10 years and that all the hard work which the House has put into discussing several pension Bills and White Papers has not been of very much help to the people who have already retired? Will she now accept that the urgent need is for legislation and an end to the uncertainty? Will she stress that her phrase "in due course" means "very soon"?

I entirely accept what the hon. Member said. We hope to legislate in the next Session of Parliament. The hon. Member is quite right that speed is essential. He will also accept that in any pension scheme of the detailed kind we have to deal with in modern times there is a need for consultation, and that process is going through at the moment. The work that has been done by successive Governments on pensions, first by Richard Crossman and then by the right hon. Member for Leeds, North-East (Sir K. Joseph), has meant that the House is now fully apprised of the alternatives, the actuarial implications and the principles it wants to see embodied. I hope the House will agree that one of those principles is equality of rights for women.

Does my right hon. Friend realise that there will be widespread sympathy for her in the difficult decision that she has made? Can she give any indication of a date when the new scheme might come into operation? What will be the position of the graduated pension scheme in the meantime?

The graduated pension scheme will end next April. Regarding the coming into effect of our new proposals, as soon as we have our White Paper published I hope that the House will be ready quickly to enter into the necessary legislation in the next Session of Parliament. How quickly we can move forward from that stage depends partly on the rapidity of the progress that we make at the legislative stage. We wish to press ahead with the introduction of the new scheme as quickly as we can.

Is the right hon. Lady aware that this is vicious political vandalism and that the main casualty will be the improved pension rights for millions of families which would have had those improved rights from next April? Is she aware that the uncertainty, which I estimate will continue for at least four years, will mean that some people who would otherwise have had pension rights, however modest, will not now have them?

Will the right hon. Lady ensure that early guidance is given by her Department or by the Occupational Pensions Board on the way in which the preservation requirements—and I welcome the fact that they are to go ahead—are to be put into operation and separated from the recognition requirements of the 1973 Act? Further, can the right hon. Lady at least give some reassurance to those people who decide to go ahead with occupational pension schemes and to back their judgment, as I trust many of them will, in both the private and the public sectors, that they will not be penalised for so doing?

The hon. Gentleman cannot be surprised that we did not intend to perpetuate the legislation that he put forward so strongly in Committee. We considered it a piece of vicious sex discrimination and vicious perpetuation—[HON. MEMBERS: "Oh."] We can all use the word "vicious" if that is to be the political currency. We did not intend to continue the vicious perpetuation of poverty in old age. The hon. Gentleman knew perfectly well, because of our detailed and constructive criticism of the previous Government's legislation in Committee, that it was inconceivable that we would ever have continued it. The answer to the two detailed points that he has put to me is, "Yes".

Does my right hon. Friend appreciate that what she has announced today will be warmly welcomed by most people who have made a deep study of pension problems? Does she accept that her announcement will not fundamentally and detrimentally affect those in decent occupational pension schemes? Does she agree that there is now an urgent requirement to do justice to the previous generation of old-age pensioners? Does she accept that £10 for a single person and £16 for a married couple is by no means adequate? Can she assure us that she and her Department will move rapidly towards uprating retirement pensions in relation to national average earnings as quickly as possible?

My hon. Friend is right. Members of existing, good occupational pensions schemes will in no way be affected by this decision. We hope that employers will now go forward to negotiate with trade unions for the further extension of good occupational pension schemes. I point out to my hon. Friend that many of those who would have been dependent upon the reserve scheme and who may, as a result of this delay, lose entitlement to a couple of years or so of benefit, will not lose overall because their entitlement under the Social Security Act 1973 would have been very small. Of course, the build-up of pension entitlement under that Act is inferior also with regard to the relationship of the basic pension to average national earnings. My hon. Friend will be aware that in the uprating Bill now before Parliament I shall be statutorily compelled to link future upratings to movements in average national earnings.

Will the right hon. Lady confirm that the main and immediate effect of her statement is that for an indefinite period employers will be relieved of the statutory obligation to provide a second funded pension for their employees? Does she realise that the groups most affected by having their new pension rights deferred will be those who in the past have not usually been covered by occupational pensions—namely, factory floor workers, trade union members and very many women? So that some worthwhile progress may be made even during the right hon. Lady's period of confusion and delay, will she at least confirm that she will stick to the principle of funding and second funded pensions and that there is no question of her trying to revive the Crossman Plan, which most of her right hon. and hon. Friends have long since given up as dead and lost?

The hon. Gentleman must be aware that if I were proposing to announce my long-term proposals to the House I should do so in a comprehensive statement. Such a statement will be coming as quickly as possible. I am sure that the hon. Gentleman does not expect me to answer isolated points in the meantime. The more fundamental such matters are the more important it is that they are considered in the context of the comprehensive statement that the House will get in due course.

Does the right hon. Lady appreciate that the partisan way in which she has approached this matter is precisely that feature of this administration that ordinary people outside the House will most deplore? Will she not recognise that what most people would have looked forward to was a willingness on her part to heed the advice of Mr. Douglas Houghton when he said that if the swing of the political pendulum was to swing the pension pendulum as a whole, we should be in for a period of appalling uncertainty? Will she recognise that that is what she is producing? Further, does she recognise that she is gravely in error in disregarding the advice of Mr. Douglas Houghton that it would be a great mistake for the Labour Party to suspend the operation of the new social security arrangements? Does not the right hon. Lady have the humility to acknowledge her folly in these respects?

The right hon. and learned Gentleman has very quickly forgotten the partisan way in which the previous Conservative administration ditched the national superannuation scheme which had been left to it by Mr. Richard Crossman and which was in legislative form. If it is partisan for me to change the policy of my predecessors, then there was a great deal of partisan behaviour shown after June 1970. This kind of unilateral claim to a monopoly of virtue becomes very tedious from the right hon. and learned Gentleman.

Engineering Workers (Dispute)

I beg to ask leave to move the Adjournment of the House under Standing Order No. 9, for the purpose of discussing a specific and important matter that should have urgent consideration: namely,

"That the Executive Committee of the Amalgamated Union of Engineering Workers has declared a national stoppage against the decision of the Industrial Relations Court to sequestrate its funds and award Con-Mech limited £47,000 compensation out of AUEW money."

I seek permission to move the Adjournment of the House because this morning the Executive Committee of the AUEW declared a national strike of infinite duration in consideration of the compensation award made against its union members. I declare first my interest as a member of the AUEW. The situation has arisen from the court's decision on 9th April to award compensation to Con-Mech of £2,350 per week for 20 weeks, totalling £47,000. This is a company which employs 47 workers.

Order. I must remind the hon. Gentleman that he must not go too far into the merits of the matter. He must not make the kind of speech he would make if I were to allow his application but must justify his case for a debate under Standing Order No. 9.

I was not proposing to go into the merits, Mr. Speaker, but in order to explain the situation of today's debate on the Second Reading of the Trade Union and Labour Relations Bill, it was necessary for me to make the points I have made because they are relevant to my case in asking for a debate on this matter tomorrow.

I am advised by senior Members of the House that the Trade Union and Labour Relations Bill cannot be made retrospectively to include any events prior to 30th April, and that to try to amend it retrospectively to include such events would negate the whole Bill and the measure would have to be reconstructed completely. Therefore, I submit that it is necessary to discuss this urgent situation which has now arisen separately from the debate which is to take place today. Indeed. I am told that my right hon. Friend the Secretary of State for Employment is not able to include in the Bill any sort of references to the national strike situation and possibly to overcome some of the difficulties by saying that there is a solution within the terms of the Bill.

I and many of my hon. Friends believe that this decision by the NIRC is political, and therefore that the solution to the present dispute can only be solved or taken by political discussion and debate in this House. We believe that the answer to the situation should be a discussion between the Law Officers in order to come to some understanding as to the validity of non-registered trade unions in relation to their own rule books.

Perhaps I may recall to you the occasion when the then Solicitor-General explained to the House that he would have liked to have much more discussion on the whole position of non-registered trade unions and any subsequent legal decisions which might be taken against their interests and which might bring about a conflict between common law interests and the decisions of the NIRC.

Therefore, the situation in which we find ourselves is that the AUEW has taken a decision, well within its rights, not to go to the NIRC and not to appeal against its decisions. We are in an impasse in which the whole of our economy may be in jeopardy as a result of a prolonged dispute. There is, I submit, urgent necessity to discuss the whole situation of non-registered trade unions, the effectiveness of their rule books and the rights of their members. The situation is totally contradictory and must be debated by the House if we are to find a solution to, and bring to an end as rapidly as possible, the dispute which has been declared this morning.

The hon. Member for Tottenham (Mr. Atkinson) was kind enough to give me a copy of his application beforehand, so he need not bring the original to the Table. He gave me notice of his intention to raise this matter. It arose rather later than the time set out in the Standing Order, but I make no complaint of that.

I have listened carefully to what the hon. Gentleman has said. I have also listened to the exchanges which took place during Questions to the Prime Minister today. I have to have regard to today's business. I will not go into the points which the hon. Gentleman mentioned because they would be more appropriate if right hon. and hon. Members sought to use them in the debate today, but I give this hint—that I do not think that the debate today is as restricted as the hon. Gentleman has perhaps suggested.

In considering whether I should disrupt the business of today or tomorrow, I have also to consider the nature of tomorrow's debate, because many right hon. and hon. Members consider that it is on a vitally important subject. I fully accept the importance of what the hon. Gentleman has sought to raise, but I cannot accept his application today. He must not draw too much hope from my use of the word, "today", but I do decide these matters from day to day. My decision is that I must reject his application.

Personal Statement

I am grateful, Mr. Speaker, for the opportunity of making a short personal statement to the House.

In a programme last night on Granada Television, which a number of right hon. and hon. Members may have seen, references were made to me. There was one in particular which I wish to bring before the House.

It was clearly implied that I had used my position as a Member of Parliament to further a private interest which I had not disclosed. I can think of no graver or more evil allegation to make against a Member of this House.

The facts are as follows. There was never any secret about my connection with Mr. Poulson so far as the Malta contract was concerned. The House should be aware, as the compilers of the programme clearly were not aware, that I took steps to ensure that my interest was known in full, not only to the Government of Malta but to the British Government as well. The Library of the House has provided me with a list of any references I made to Malta in the House of Commons at the relevant time. Not one of these contains any reference to hospital projects or had any relevance whatever to them.

I think that there comes a point when one can no longer accept this sort of thing. I am therefore instructing solicitors to bring proceedings against those who were in any way concerned with this programme.

Complaint of Privilege

I wish to raise with you, Mr. Speaker, a question of privilege.

On the evening of 2nd March, a Mr. and Mrs. Ravenhill were walking home when, it is alleged, they were set upon and Mr. Ravenhill was brutally assaulted by two men in civilian clothes, whom it was afterwards discovered were police officers.

Mr. Ravenhill, accompanied by his wife, was subsequently taken to the police station, where one of the constables involved in the alleged assault, a Pc Walker, insisted that Mr. Ravenhill be charged with being drunk and disorderly. After a series of interviews, the duty sergeant refused to place Mr. Ravenhill on any charge.

It will be appreciated that being drunk and disorderly is an arrestable offence. I make it plain that no attempt was made at that time to have Mr. Ravenhill examined either by a doctor or by the use of any tests to establish whether he was drunk or not. Mr. Ravenhill, along with his wife, was allowed to go home. He had, however, suffered certain injuries, had to receive medical treatment and was away from work for four days. The case was passed to me by the Bristol Group for Civil Liberties, to which I act as an adviser—unpaid.

In view of the statement of allegations against the police, the impeccable character of both Mr. and Mrs. Ravenhill, and the medical evidence of injury, I asked the Home Office to investigate the complaint against the police. My letter to the Home Office was dated 20th March. The Home Office replied that a report had been requested from the chief constable. The letter to me containing that information was dated 5th April. On 9th April, five weeks after the original incident, a summons was issued against Mr. Ravenhill for being drunk and disorderly on 2nd March.

The summons was issued three weeks after I had raised the matter with the Home Office. In my view it was issued directly consequential upon the action I took as a Member of the House. The charge against Mr. Ravenhill was not such as to need protracted investigation. It was the type of charge that is usually made at the time of the incident. If such a charge had been contemplated at that time a doctor would have been called to establish evidence of drunkenness. The charge was preferred only after I had intervened and after the Home Office had instituted an inquiry.

If such actions are allowed to take place, Members of Parliament will obviously be inhibited in raising cases against the police lest in so doing they place in jeopardy the person for whom they wish to act.

I want to make absolutely clear to the House that my experience of the police force, in general terms, is that the vast majority of policemen are free from criticism. I submit, however, that no person must suffer an injustice in consequence of an hon. Member carrying out his parliamentary duties. I also submit that there is evidence of a prima facie case of breach of privilege against the Chief Constable of Somerset and Avon, and Mr. Speaker, I ask you to rule accordingly.

I am grateful to the hon. Gentleman for the clear way he has put the case. I will consider what he has said and rule upon it, as is the custom, tomorrow.

Parliamentary Broadcasting Unit Bill

4.13 p.m.

I beg to move,

That leave be given to bring in a Bill to establish a broadcasting unit under the control of Parliament for the purpose of preparing radio and television broadcasts of proceedings for an experimental period.

I make no apology for raising the subject again——

On a point of order, Mr. Speaker. Many of us are particularly interested in my hon. Friends remarks. Therefore, would you kindly ask those hon. Members who are leaving the Chamber to do so quietly?

I am grateful to the hon Member. I hope that what he said will be noted and that hon. Members will withdraw quietly.

This will be a short Parliament—no one knows how short—but it includes over 100 new hon. Members and to my reckoning at least three new parties, and this Parliament has a right to express an opinion on this important matter.

I say at the outset that I have no interest to declare. I have worked in television in the past and may do so again, but I draw no salary or retainer from any broadcasting organisation. It will become clear from what I say that my proposal will not be popular with broadcasting organisations which have always proposed to Parliament that they should come in and conduct any form of experiment in the way they wish to do——

Order. I wish that hon. Members would conduct their conversations outside the Chamber.

When the former hon. Member for Romford, Mr. Dick Leonard—who is much missed and who will surely soon return to this place—last raised this matter under the Ten Minutes Rule, it was rejected for, I believe, the fourth time. All these rejections sprang not just from Parliament's reverence for its own way of doing things or from the fear or suspicion that the centre of public debate seemed to be swinging from here towards the television studios, but also from a profound suspicion of the type of experiment proposed.

When my hon. Friend the Member for Penistone (Mr. Mendelson) opposed the last proposal on this matter he said that three pre-conditions ought to be met before an experiment was undertaken. They were that the public interest required it, that the educational value should be proved and that the new lords of the media, as he called them, should have no control over how the work of the House was recorded.

I believe that all three pre-conditions can be demonstrated ex hypothesi as a reason for undertaking a broadcasting experiment. We have never had a greater duty to the public and to posterity than we have now. Aneurin Bevan said in 1959 that television should be used to re-establish intelligent communication between the House of Commons and the electorate as a whole when what he called the apparatus of mass suggestion was against democratic education. How right he was and how right he has been proved in the intervening years.

Television was then in its infancy and is now in at least its late adolescence. Its power has grown enormously in the intervening period. I say to those hon. Members who complain to me about what Bevan called the ipse dixit of television organisations, and who are not among the glib or glamorous minority who have a season ticket for the "World at One" or "Mid-Week", that the remedy is in their own hands. Here, and in our Committees, all hon. Members participate, not just the most plausible. You, Mr. Speaker, are our only editor. You have power of selection but not of abbreviation, except in the case of a Ten-Minute Bill.

It is here that the business of Parliament at work can be communicated direct to our constituents, alleviating some of the public cynicism about Parliament often referred to in some television programmes. Our business could be communicated direct to our constituents and for posterity.

Much of the force of argument here, formally in the Chamber, and informally in Committees, is lost in the printed record. What would we give to see how the parliamentary figures of the past argued their cases. The Times on Saturday referred to Disraeli. Disraeli's speech on the Jewish Emancipation Bill, in which he spoke against his own party and against his own self-interest, is an example of what I have in mind. He showed great political courage. Other examples include the inter-war speeches of Winston Churchill and Bevan's resignation speech. As often as not those men made speeches against their parties.

In all such cases the House can see the way a man argues his case against opposition, but sometimes the feeling in this place cannot be conveyed by the printed record itself. It is necessary to see what is happening. We have the technical means for producing such a record, but so far we have never used those means. We should, because this place is still central and important in terms of debates affecting the nation.

There are those who say that our proceedings are not as important as they were in the past and that there are not the great figures that there used to be, but what of, for instance, the speech near the beginning of this Parliament by my right hon. Friend the Secretary of State for Employment, who is to speak in the debate later today, and there may be, among the newest Members here, those who in the time of our children's children will be regarded as great parliamentary figures of this age.

All of this could be put on record for posterity, using the technology of our times or, at least we should experiment to see whether we can do this.

No one honestly knows how broadcasting will affect our proceedings until we have had an experiment. All those who say that they do know and who suggest that it will have an effect, adversely or positively, are not, with respect, arguing on the basis of evidence. That evidence can come only from an experiment.

Therefore, I ask the House to set up a broadcasting unit, under its own control, to recruit professional broadcasters to carry out the experiment, for at least six months. The degree of intrusion would be very small. For example, for the Chamber there would be need for only four or six cameras, at least two of which would be automatic. They could be the latest type, which are known as image-intensifying Plumbicon cameras, which operate with no greater level of light intensity than there is in the Camber at present. That is around 20 foot-candle power. We would be able to work with the Chamber's normal full lighting. Evidence has been given to a Select Committee that at least twice the normal level of lighting would be needed and it has been suggested that hon. Members would have to sit around in dark glasses and tropical suits, like an awful parody of a banana republic legislature while the television men produce the pictures they want, but that is not so. We could operate in the Chamber and in Committee in the way we operate now without more than the minimal intrusion or technical apparatus.

The broadcasting unit would be professional but it would be under the control of Parliament. The broadcasting organisations would be asked to provide examples of how they would use the output provided within their schedules—perhaps as edited "Today in Parliament" programmes or as live debates. But they would be joining us on our terms, not graciously consenting to see how much of our procedures would be useful for them, as has often been suggested in the past.

We can use broadcasting as an adjunct of our democracy, as a direct link between the electorate and those who represent it, provided we stop using the arguments here that were used in favour of the exclusion of the Press in 1772 and provided that this time we see that the intelligent response to change is not to hide away from it but to meet it and to adapt it intelligently and for the public good.

Question put and agreed to.

Bill ordered to be brought in by Mr. Phillip Whitehead, Mr. Jack Ashley, Mr. Churchill, Mr. Michael English, Mr. Norman Fowler, Mr. Barney Hayhoe, Mr. Neil Kinnock, Mr. Brian Sedgemore, Mr. Paul Tyler, and Mr. Dafydd Wigley.

Parliamentary Broadcasting Unit

Mr. Phillip Whitehead accordingly presented a Bill to establish a broadcasting unit under the control of Parliament for the purpose of preparing radio and television broadcasts of proceedings for an experimental period; and the same was read the First time: and ordered to be read a Second time upon Friday 14th June and to be printed. [Bill 37.]

Orders of the Day

Trade Union and Labour Relations Bill

Order for Second Reading read.

Before I call the Minister to move the Second Reading may I tell the House that I have selected the amendment standing in the name of the Leader of the Opposition and his hon. and right hon. Friends.

4.23 p.m.

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

No one could be more conscious than I of the fact that there are many other hon. and right hon. Friends who have a better title than I to introduce this Bill, including many who led the battle against the 1971 Act of the then Tory Government. These include my right hon. Friend the Member for Blackburn (Mrs. Castle), who is my oldest friend in this House of Commons, and many other hon. Friends who participated prominently in those debates. Among them are my hon. Friends the Members for Liverpool, Walton (Mr. Heffer), for Salford, West (Mr. Orme) and for Tottenham (Mr. Atkinson) and my other hon. Friends now in the Department of Employment. I apologise if I have missed so many others out. They led the battle against the 1971 Act. They did it because of their special knowledge of the whole history of trade unionism in this country. I fully acknowledge that.

I have no doubt that all of us would have liked to be the person moving the "Repeal Act", because that is what I think it ought to be called. The present title is rather cumbrous. We had some difficulty over the title. At one stage my preference was to call it The Trade Unions Rights (No. 1) Bill because there are some others to come. I was told that that might provoke hon. Members opposite—not that anything can apparently provoke them too much—and therefore we chose a more moderate title.

Perhaps I should say that if we had had the chance to issue a White Paper before the Bill—and we did not because we wanted to proceed fast—there would have been no difficulty about the title for that. I would have called it "In Place of Barbara". That would have commended itself generally to those who want a title which is apposite to our proceedings.

I can see that some hon. Members on the Tory benches may be a bit alarmed about the introduction of this Bill. I am sorry not to see the right hon. and learned Member for Surrey, East (Sir G. Howe) present. He, along with the right hon. Member for Carshalton (Mr. Carr), was the chief author of the 1971 Act. I hope that the right hon. and learned Gentleman will not be absent from all of our proceedings. That would be a great pity. He wrote an article on the day on which the Bill was published. We all know that the right hon. and learned Gentleman is chiefly famous for his legal knowledge, which is possibly the reason why he wrote this paragraph:

In clearing the ground for this debate I should like to deal with the question of the scope of the Bill and with some of the matters left out of the Bill. That may seem a peculiar way of proceeding, but I think it is the right way to proceed because we have had to take steps to postpone, until the second Bill—the Employment Protection Bill, as we shall probably call it—or to the Industrial Democracy Bill, which will come after that, many of the matters not adequately dealt with in the repeal Bill. I want to explain why that is so because it illustrates the nature of the Bill.

In doing this I will come to the important question raised by my hon. Friend the Member for Tottenham in his attempt to move the Adjournment of the House earlier today. I certainly have no complaint about his doing that. I agree that matters of this great significance should be discussed on the Floor of the House. I will refer to this later. If I cannot cover the whole question adequately today it will be partly because I am to see the president of the engineers' union later this evening. It will also be partly because of the factors mentioned by my hon. Friend. Certainly if, later in the week, Mr. Speaker decides that we should have a further debate on the subject, I am sure that the Government will not complain. I shall not complain.

Let me first refer to some other matters which are not fully dealt with in the Bill. There is the question of unfair dismissals. It is true that in almost the second sentence of the Bill—the first sentence refers to the repeal of the 1971 Act and I hope that it makes that reference in sufficiently sharp and succinct terms—we refer to the unfair dismissals provisions of the 1971 Act, some of which are incorporated in Schedule I of this Bill.

Since most of the unfair dismissals provisions of the 1971 Act had in turn been lifted from the 1970 Act of the previous Labour Government, there was no reason why we should not incorporate them in the Bill. We have made some immediate improvements in the unfair dismissals clauses which will, I trust, go through speedily. May I make it clear to my hon. Friends that we do not regard the amendments we have made to the unfair dismissals procedures as in any degree carrying out the whole of what we wish to do? In the next Bill we shall seek to carry out that function.

The next matter that is not fully and properly dealt with in the Bill is picketing. Picketing is a remarkable subject on Which everybody claims to be an expert. It is like foreign policy. Everyone thinks that he can do better than the Foreign Secretary—of course, I do not mean the present one in particular. Everyone thinks that he knows more about picketing than anyone else, and that he should therefore be left to deal with the matter. The mild proposals included in the consultative document which was published a few weeks ago stirred fierce animosities in many breasts, and led to suggestions that in some surreptitious way I and the Government were seeking to legalise intimidation. All these frightful nightmares were paraded before us.

Nothing of the sort is the case. What we say in this Bill, and what we shall say in the next one, is that we wish to secure the proper rights of peaceful persuasion. That is what was written into the 1906 Act. We write it into the Bill in a slightly modified form, but we do not regard the clause on picketing as being sufficient. There must be further consultations and discussions to see how we can deal with it more adequately. A measure passed in 1906, highly commendable though it is, cannot deal with questions arising from vehicles, whether they should be stopped and what part they play. Therefore, all those matters have to be dealt with. I had hoped that we should do so partly under new regulations or by a code to be introduced at the same time as we introduced the Bill, but that has not proved the best way of going about it. It is better to spell out the whole matter in the Bill rather than to proceed by way of regulations. We are not dogmatic. We believe that there must be further consultations and discussions before we proceed, but we are not satisfied with the law as it stands following some judgments that were given recently in the House of Lords on the subject.

The third matter which, naturally enough, causes considerable controversy whenever legislation of this kind is discussed, is the question of arbitrary exclusion from a trade union. That is especially so if it involves the dismissal of a person from his work, particularly in a closed shop situation. It is not easy to decide the best way of doing this. In the consultative document we said that we would deal with it either in this Bill or in the next one. We thought that probably the best way to approach the matter was along the lines of the Donovan Report, which laid down a procedure for dealing with these questions which is perfectly feasible.

On the other hand, the General Council of the TUC takes the view strongly that other developments have taken place since the publication of the Donovan Report which have assisted the situation, and it has good arguments in support of that view. The TUC has taken steps to try to ensure that proper procedures are available to trade unionists and people generally who may be affected. It has taken elaborate steps to try to ensure that rules, provisions and protections shall prevail throughout the trade union movement. That is not necessarily a satisfactory solution, and I am not saying that it is. There will still have to be discussions in preparation for dealing with this matter in the subsequent Bill, along with picketing and other matters which I have mentioned.

There is another matter absence of which from the Bill requires explanation. We in the Labour Party have long advocated the establishment of a conciliation and arbitration service as an essential part of the machinery for overcoming industrial difficulties. We wanted to see that conciliation and arbitration service established at the same time as we repealed the Act, and originally that was our intention. However, to attempt to do that would greatly delay the introduction of this Bill, because the establishment of such a service, if it is to be effective, requires considerable consultation beforehand with the TUC, the CBI and other people who may be affected. We are embarking upon those consultations now, but I underline that we do not think it necessary to wait for the Employment Protection Bill that is coming forward in the autumn. We hope that we shall be able to establish the machinery for this service well before then, and that is some compensation for not being able to do so in this first Bill.

I will not go elaborately into another question that is not dealt with directly in the Bill, because it has been referred to in Questions today and will be dealt with by amendment to the Finance Act. I am surprised that Opposition hon. and right hon. Gentlemen should have been worried about restoring relief from taxation on the provident income of trades unions. I expected them to welcome the action we took. [HON. MEMBERS: "Why?"] Because I read all the debates and I distinctly had the impression that it was their firm desire not to lay a finger on those funds. All I am doing, in my innocent way, is to substitute their good intentions for their evil enactment. I am putting into force their intentions, and that is the sole point of the amendment. I hope that this storm in a teacup will cause no further trouble.

If it was not the intention of hon. and right hon. Gentlemen opposite to refrain from touching those funds, if they did it on purpose, I would have to take a much more severe view. If they did it on purpose—to take away the funds—that would be a question of malice aforethought—and I should not like to accuse the right hon. Member for Carshalton of that. I hope that we shall be able to settle the matter smoothly on these lines.

The restitution of those funds is a perfectly proper matter and I am not diminishing its significance, but let me come now to the extremely important matter raised by my hon. Friend the Member for Tottenham. I was intending to refer to it in any case, because it is involved in the transitional provisions of the Bill. We have spent a lot of time trying to see how we could deal with the transitional provisions and the difficulties that might arise before we could get the Bill on the statute book. No single subject has given me more anxiety during these weeks, precisely because I thought that we might arrive at the situation at which we appear to have arrived today. No one can dispute that it is an extremely serious situation. We have looked at it with increasing anxiety over the whole period.

Some people outside the House who are not fully familiar with the ways of the House talk as though I could solve this problem by issuing an edict. Gratifying as I am sure it would be to the country if I could settle this and most other matters by edict—and I can see the attraction of the proposition which I am sure would be widely acclaimed—others might issue edicts as well, and that might not be so satisfactory. Therefore, it cannot be done by edict. It has to be done by the passage of laws through the House of Commons. That is the problem with which I have been faced in dealing with this matter.

Nobody would have been more pleased than I if I could have been shown a practical, proper, constitutional way of wringing the neck of Sir John Donaldson's court before it caused more commotion and disaster. But I do not believe that such a means is available. Certainly it is not available in the form suggested by Mr. Hugh Scanlon. I have had many friendly arguments with him on the subject, but he has suggested—and still suggests—that the difficulties we encounter today could have been dealt with by a short, sharp Bill to repeal the Act. Again, if that were conceivable, nobody would have been better pleased than I.

I said to the TUC lawyers, who are extremely good advisers on legal matters, "Can you show me such a Bill?" They said that they could not provide such a Bill because of the way in which the 1971 Act was devised. If the 1971 Act had been revoked or repealed by a single or double-clause Bill, wiping it out, it would not have restored the 1971 position, but would have wiped out the Acts of 1906 and 1875 as well. It would have removed from trade unions all the immunities and protections for which they have fought for over 100 years. That was not a tolerable way for us to proceed, and that is what I said to Mr. Hugh Scanlon and to others who have put that view to me.

This is an important point in trade union thinking. My right hon. Friend says that he cannot get rid of past legislation without removing a number of immunities from the trade unions. But the point surely is that because of the decision taken voluntarily by trade unions not to register, they themselves removed the immunities of which my right hon. Friend speaks. Therefore, there is no difference at all between a trade union stripping itself of its immunities by non-registration and the situation which he would create by doing away with this legislation overnight.

I understand my hon. Friend's point, but he only reinforces what I have said. If my hon. Friend were recommending that course—and I am not saying that he is recommending it—he would be recommending us to introduce a Bill which would repeal that part of the 1971 Act but which left the trade unions under our legislation at the mercy of those people who are taking the kind of action of which we complain. That was not a course which the TUC General Council was prepared to accept. TUC members said "Not on your life!" It would have been a highly dangerous situation to have introduced an Act of that nature for it would have left the trade unions at the mercy of those people.

What we have sought to do, and what I believe to be the Labour Party's pledge to the trade union movement, as swiftly as we possibly can, is to pass this legislation through the House of Commons—for we believe that it is the only effective way of acting. The Bill will repeal the 1971 Act and restore to trade unions the proper immunities to which they are entitled.

I say to my hon. Friend the Member for Tottenham—and I said it to the engineers' union at Worthing—that I believe that in this Bill we are doing our very best to translate into practical effect the pledge that we have given, and that this is the swiftest way in which we can possibly do it. When I meet Mr. Scanlon this evening I shall discuss with him the difficulties and problems and we shall try to see what we can do to deal with extremely critical questions. I believe, as I said at Worthing, that it would have been wiser for the union to go to court. I understand the reasons why they did not do so originally. I believe that in this situation, with this Bill going through the House of Commons, they could have chanced their attitude and I asked them to do so.

But I understand their feelings and I understand why they felt this way. I understand their feelings even more today, if I can put it that way. I think that they have been sorely provoked by the sequestration itself, and by the method of sequestration and certainly by what happened in Peckham Road yesterday. All these things have contributed to the situation. But whatever differences of emphasis we may have about these matters, whether in the trade union movement or in this House, let us not be distracted from the paramount purpose we on the Labour Benches all have—and that is to get rid of this hated Act as effectively and as swiftly as we can. That is what we are seeking to do.

It may be said that in talking of repeal we are dealing only with negative matters. Most of the matters which I have referred to so far are matters which, for one reason or another, are excluded from the Bill, but because a Bill is a repealing measure that does not mean that it is negative. Anybody who believes that has little historical sense. Some of the most famous Acts in history have been repealing Acts. For example, there was the repeal of the Corn Laws. I know that is a tender subject to many Conservatives, and since I want to keep them on their good behaviour I promise that I shall not mention the Corn Laws for another two months. But when we remember that repeal and also the repeal of the Act of Union, do not let anybody say that repeal is negative. We believe that to proceed with this Bill is a matter of historic importance for the health of this country.

It is most important that this matter should be made absolutely clear to the trade union movement to illustrate the legislative grip in which my right hon. Friend is held. Did he take advice at any stage about the possibility of enacting swift legislation to suspend the juggernaut court? Does he appreciate that many people recall the speed with which the 1968 immigration legislation went through the House, as did the measure which legalised the presence of troops in Northern Ireland?

I fully understand what my hon. Friend says. Of course, measures have gone through this House speedily, and nothing would suit me better than for this Bill to go through just as speedily. However, that cannot happen because there are differences of opinion in the House about it, and we have to debate them here. There is no way around that. Moreover, as I have tried to indicate previously, I have considered a short, sharp Bill of that nature. I considered that course along with all the other short, sharp measures which were suggested to me, but it would have the reverse effect.

To return to what I was saying a little earlier, my aim is to get this Bill on to the statute book as speedily as possible, because this Bill does the job. I am against other measures which, if brought forward, could prevent us from getting this Bill on the statute book. The more that view is considered, the more I believe people will confirm that this is the right attitude.

The Secretary of State for Employment has so far used words which appear to put the union engaged in the dispute referred to by his hon. Friend the Member of Tottenham (Mr. Atkinson) in a white sheet and his criticisms appear to be directed at the National Industrial Relations Court and at Parliament. Does he not think that he, as one of Her Majesty's Ministers, has a duty when standing at the Government Dispatch Box to advise the nation to adhere to the laws of the land?

I went to Worthing the other day where I addressed the National Committee of the Amalgamated Engineering Union. The members of that committee understood what I was saying on the subject, and I thought that that was the sensible place to say it. I am not so presumptuous as to say that I was educating them in these matters. But I am trying to educate the hon. Member for Peterborough (Sir Harmar Nicholls), and if he had taken the trouble to see what I said on that occasion he would have discovered that his interruption was superfluous.

I have said it from the Dispatch Box. I am now dealing with the dangers which arise from the sequestration and from the whole situation. I am dealing especially with the dangers arising from the 1971 Act. I am seeking to say that the more swiftly that we can get rid of the Act, the better it will be for the nation, and that that is the proper course for us to take.

I will not go through all the details now because there have been several interruptions on many of these matters. I do not complain about that, of course. I was proposing to go through some of the special matters incorporated in the 1971 Act as the right hon. Member for Carshalton described them to the General Council of the TUC when he met it in October 1970 before he introduced his Bill.

The right hon. Gentleman had discussions with the General Council, and its members listed what they described in their report as the "central pillars" of the right hon. Gentleman's legislation which they were told were essentially non-negotiable provisions—the eight pillars of folly which have contributed so much to the dangers of our industrial situation today.

I could go through each of them in detail. Each one is dealt with in the Bill in some form or another, and we seek to set them right in the Bill. There is the right to join and the right not to join a trade union. To put those two rights together and to seek to make them equivalent, as the right hon. Gentleman sought to do, was to destroy the very principle of trade unionism—[HON. MEMBERS: "Why?"] We shall have time to debate these matters further. I will not go through the seven other pillars of folly. Some of them could be repaired. A little first-aid could be done to one or two of them. But in the main they have all contributed to the disastrous and serious deterioration in our situation.

I hope that the right hon. Gentleman will have something to say about the chief pillar, namely, registration, which was unanimously recommended by the Donovan Commission and by the last Labour Government.

Observers who have not followed these matters might imagine that the right hon. Gentleman was making an apposite interruption. However, we all know—those of us who follow these matters; even novices like me—that the right hon. Gentleman does not make these comments mistakenly.

There are very different forms of registration, and Donovan's was very different from anything proposed in the 1971 Act. Again I remind the right hon. Gentleman, if he continues in this vein, that he also apparently coupled registration with the possibility of trade unions losing tax reliefs. That was what it involved. There are many other aspects. So, if the right hon. Gentleman then asks why we have not adopted in this Bill any form of registration comparable to those recommended in Donovan or elsewhere, the answer is that we think that we have devised a better way of doing it which takes account of the representations that the trade unions have made on the subject throughout all this period. We are entitled to do that. I know that right hon. and hon. Gentlemen on the Opposition benches think that it is very foolish to take account of what the trade unions say to them. That is why we are in such a mess. But we are proceeding on a different principle.

There is another defence which is sometimes made of the 1971 Act. It is a very peculiar defence to make of a major Act of this character. It is sometimes defended on the basis of people saying. "You do not have to worry about it too much because it was not to be used. It was unusable and it was irrelevant. It was only there as a guide, but it was not to be put into operation".

I am reminded of the way the Stuart kings came to my native city of Plymouth on one occasion and built a citadel cheek by jowl with Plymouth Hoe, famous because the people of Plymouth had warded off the Spaniards all by themselves without assistance from the king. The Stuart kings built the Citadel. It was supposed to be a further addition to the strength of the city in again warding off the Spaniards. But, much to the amazement of my forebears, when they saw the Citadel finally completed the guns were trained not out to sea against the Spaniards but against the people of Plymouth, who had fought for the Parliament against the King. The Citadel stands today unusable, irrelevant and a constant offence to the people of Plymouth.

The only difference between the citadel of the right hon. Member for Carshalton and the one standing near Plymouth Hoe is that inside the right hon. Gentleman's citadel, unusable and irrelevant in many respects though it may be, some fool or some trigger-happy judicial finger can come along and let off the barrage. That is what has been happening. I will not go through the cases, but the House knows how time and again over the past year or two we have come in this country to a crisis point, almost to industrial standstill, because of the operation of this Act.

Is the right hon. Gentleman referring to Sir John Donaldson when he talks about "a trigger-happy finger"?

I am sure that the hon. and learned Member for Dover and Deal (Mr. Rees) is quite capable of working out these inferences for himself. Of course I am referring to Sir John Donaldson.

On a point of order, Mr. Deputy Speaker. Is it in order for any hon. or right hon. Member to refer to a member of the judiciary in those terms in a debate in this House?

In the heat of the moment, the right hon. Gentleman may have used the language complained of, but I think perhaps that it would be better overlooked in this case.

In my understanding of this House, I do not believe that there is anything unparliamentary in referring to "a trigger-happy judicial finger". If you say to me, Mr. Deputy Speaker, that it is unparliamentary, I bow to your superior knowledge. But I would be surprised if the expression were ruled to be unparliamentary in any sense, and I would be happy to look out precedents.

Now I come to the Opposition——

On a point of order, Mr. Deputy Speaker. Is it in order for it to remain on the parliamentary record that a Minister of the Crown has accused a judge in carrying out his duty in the courts of being "trigger-happy"? The Minister has intimated that if it is indicated to him that it is against the best interests of Parliament, he will withdraw the phrase. I submit to you that it should be put to the right hon. Gentleman that in the interests of Parliament the phrase should be withdrawn.

I heard what the hon. Member said. It is not an unparliamentary expression. I consider that it is more in the nature of a figure of speech. I think it would be better to leave it at that.

On a point of order, Mr. Deputy Speaker. I should like to make one point. I appreciate the emotions that have been roused and I do not wish to stir them. I want to get on with discussion of the Bill. However, in view of what some hon. Gentlemen opposite have been shouting about Sir John Donaldson being a high court judge—that is incontrovertible; he is a judge—I think that we should put on record that such phrases against the judiciary are not permitted in the House. I understand that the right hon. Gentleman has reasonably withdrawn what he said. I hope that we can proceed from that point.

I am happy to leave it where you, Mr. Deputy Speaker, left it. If we were not entitled to use figures of speech, where would any of us be?

I come to the official Opposition and their amendment. I concede that they have been in difficulties about what they should do in the debate. To oppose or not to oppose is not an easy question for them to decide. They have had tactical difficulties in determining what to do about this matter. I can see that it is awkward for the Opposition to face this matter, particularly in view of their electoral considerations.

A few weeks ago I read in the Press that some of them—I am sorry that the particular right hon. and hon. Members are not here today, but in particular the right hon. Member for Lowestoft (Mr. Prior) along with two others—had been sent out to make a tour of the marginal constituencies. The first to return from this dismal odyssey was the right hon. Member for Lowestoft. I am sorry not to see him here.

He is shopping around. However, the right hon. Gentleman has another claim to fame apart from that. I understand that when he came back he recommended to the Tory Party no election this year or next year. At least he has the further distinction of adding a new twist to the old Tory song, "We do not want to fight and, by jingo, no we do not." That is the chorus they are singing in the country today.

I can understand the Opposition's difficulty in the debate. That no doubt is the explanation for putting down the amendment about the necessity for a "proper framework of law". We have heard this flap-doodle about a framework of law before. The question is, which law? We are proposing a framework of law which happens to be different from that which they would prefer.

The previous Government, when they introduced the 1971 Act, tried to tell us that they were accommodating the affairs of this country to those of most other countries on the question of the framework of law. That is the Opposition's principal grievance in the reasoned amendment. But that is not so. The framework of law in the 1971 Act hardly exists in anything like the same form in most Western European countries. There are frameworks of law there, but they deal with matters very different from those in the 1971 Act. Many of them deal with workers' participation and other matters which should perhaps figure in a later Act. But many Western European countries—I am not necessarily recommending them as models—do not have the framework of law introduced in the 1971 Act.

Indeed, as my hon. Friend the Minister of State, Department of Industry, persistently pointed out in the debates—I have a denouement to add—the only country that had a framework of law as precise and all-embracing as that introduced in the 1971 Act was the United States of America. Of course, that is where the right hon. Member for Carshalton and his hon. Friends drew the lessons for many of their plans.

I come now to the addition that I want to make to the argument put forward by my hon. Friend on that occasion, because we have the proof of experience. It is remarkable that there is only one year in relatively recent times when, making all allowances for the different sizes of populations, we have lost more working days through strikes than in the United States—1972, the first year of operation of the Industrial Relations Act.

Who is now talking about the necessity for a framework of law? I will not talk about some far-off country of which the right hon. Member for Penrith and the Border (Mr. Whitelaw) knows nothing—the United States. What about Northern Ireland? He knows a lot about that country. One of the best things in Northern Ireland among its many sad and tragic occurrences is that its industrial relations are on the whole better than in this country. One of the hopes of Northern Ireland, as my hon. Friend the Minister of State, Northern Ireland Office, knows, is the possibility of building on those better industrial relations. Northern Ireland has had the good fortune not to suffer from the 1971 Act during this period. We are told that it is impossible for the country to return to the proposals that we are making in the Bill because it removes the framework of law and sets trade unions above the law. But it has all been happening in Northern Ireland. According to strike records and most other tests of industrial relations, Northern Ireland has much better industrial relations than exist here. What nonsense it is for the right hon. and hon. Gentlemen opposite to talk about trade unions being above the law.

In the right hon. Gentleman's close study of Northern Ireland affairs does he see any significance in the fact that the links between the trade unions and the Labour Party are a great deal weaker than they are here?

I see no significance in it whatsoever. I should have thought that even the hon. Gentleman, although I am never surprised when he fails to catch up, would have understood the argument. We were told that we could run these matters successfully only with a framework of law. Yet the same framework of law that we are reintroducing has prevailed in Northern Ireland. Nothing could be more foolish than the claim of right hon. and hon. Gentlemen that the trade unions are somehow above the law. Trade unions have had to fight through decades—almost through centuries—to secure laws to protect them. Often they have had to fight against the decisions of judges. I know that this touches on the sensitivities of right hon. and hon. Gentlemen, but it happens to be an historical truth.

Indeed, the history of trade unionism cannot be told unless we also tell how working people have had to mobilise, often outside as well as inside the House of Commons, to fight against the decisions of judges who have sought to twist the law to what they consider to be their advantage. [An HON. MEMBER: "Judge Jeffreys."] Yes, Judge Jeffreys onwards. Do not tell me about him. [ Interruption. ] Tolpuddle? Did I hear mention of Tolpuddle?

I recognise that the trade unions in their fight have been prepared to put their money where their mouth is. In this connection, will the right hon. Gentleman explain the situation about the £20,000 that was given by one union to the Labour Party for the election campaign on the express condition that the Industrial Relations Act would be repealed in the first Parliament? Is that money now being repaid?

No such condition was laid down in any such circumstances. The hon. Gentleman should try to learn the rules of the House about when interruptions are made, that a right hon. Member who is making a speech on one aspect of a matter should not be interrupted by an hon. Member who raises an entirely different matter. However, we are quite prepared to debate such matters, even though that aspect is entirely irrelevant. What we are doing is to seek as swiftly as we can to carry through this measure.

I say to right hon. Gentlemen who have never understood the claims and the fight which trade unions have made, and which the Labour Party has made to deal with these matters, that they should study the history of their country a little more carefully. It is not the case that these great questions can be settled by force. It is not the case that they can be settled by legal proscription. It is not the case that they can be settled by threatening in the last resort to send trade unionists to prison. It is not the case that they can be settled by saying that there shall be massive sequestration of trade union funds. If it is sought to settle these matters by such means, we land only in the difficulties which confront the country today or which confronted us at the time of Pentonville or on so many other occasions. Therefore, everyone who genuinely wants to see peace in industry for constructive purposes, which is what I want to see, can see the reasons for voting for the Bill.

It was said many years ago by one of those who fought for trade unions in this country, Cornishman, perhaps I should say, one of the Chartist leaders. He was one of those who believed in peaceful persuasion. At the end of his life some of those who had argued with him in earlier days over the question of resorting to physical force said that he was the first in honour in their movement.

It is better that these matters be settled by peaceful persuasion. That is the cause for which we stand, and this Bill is part of our remedy.

5.12 p.m.

I beg to move, to leave out from "That" to the end of the Question and to add instead thereof:

Before doing that, however, I want to make one point which I hope will be helpful in the difficult dispute with which the country may be faced over the Amalgamated Union of Engineering Workers. The right hon. Gentleman did go to Worthing, certainly, and he said that he thought that it would be right for the union to go to the Industrial Relations Court. I acknowledge that at once. I hope that the right hon. Gentleman will acknowledge that I immediately said that I thought he was quite right. I do not suppose that that helped him very much. Nevertheless, it is a fact that I thought that he was right. If the right hon. Gentleman is right, I am prepared to say so. I thought that he was right then.

I am also prepared to say that the option of going to the court was open to the AUEW a long time ago. Other unions took that option even though they were against the Act. I believe that if the AUEW had taken that option things might be very different today. However, there it is. The union did not take that option. Anything that can persuade the union that it should adopt a more reasonable attitude would be in the best interests of all concerned bearing in mind the position that the right hon. Gentleman has put forward.

If the right hon. Gentleman believes honestly that the result of any appeal would be a decision in favour of the AUEW, is he not implying that the original decision must of necessity have been wrong? If he is saying that there is purpose in the union going to appeal, is he not saying that the court under Donaldson was wrong in the first place?

No such construction could be put upon my words. What I am saying is that had the union decided to go to the court things might have been different. That is a perfectly fair proposition. One cannot tell what the result would have been. At least if the union had decided to defend itself it would have had an opportunity to put forward its case and it might have been able to persuade the court of the justice of its view.

Does not the right hon. Gentleman agree that if Con-Mech had taken due note of the recommendations of the report of the Commission on Industrial Relations circumstances might well have been drastically different?

I have made my point in a totally unemotional way. I hope that the matter can be resolved happily. I do not wish to say anything further.

I come to the Bill and to the right hon. Gentleman's speech. It is true that he enjoys living in the past and dwelling on it. He says that one should not talk about a negative attitude, but the fact is that what he is doing in the Bill and what he said today portrays an utterly negative attitude to industrial relations under modern conditions. The right hon. Gentleman keeps on talking about what happened in the past, but he is not facing up to what is happening today.

The fact must also be faced that the right hon. Gentleman does not seek to disguise for one moment that the Government's policy,

Of course strong trade unions are an essential feature in our industrial and national life, but a Government, and so a leading Cabinet Minister such as the right hon. Gentleman, surely have responsibility to the whole nation and to all who work in industry. I cannot believe that a wholly one-sided approach surrendering, as it seems to do, to every trade union demand, will prove wise for him, for the Government, or indeed, for the nation in the long run.

Nor, although it may be pleasant or satisfying to trade union leaders now, will it be other than damaging to them later when the rest of the community show an increasing resentment at the privileged position of the trade union movement. That is something which undoubtedly happens if resentment is stirred up.

In his enthusiasm for repealing the 1971 Act, the right hon. Gentleman forgot altogether, or perhaps he chose not to mention, events in the years immediately before its introduction. In 1965 the Labour Government, of whom he was at least a somewhat erratic supporter, set up a Royal Commission under Lord Donovan. That led to the Labour Government's "In Place of Strife" published by the right hon. Lady the present Secretary of State for Social Services in 1969.

The right hon. Gentleman says that his right hon. Friend is one of his greatest friends in political life. I was not quite sure that his comment in describing his Bill as, "In Place of Barbara", quite left that friendly relationship exactly where one would have expected.

All that work was carried out not because the then Labour Government were satisfied with the system of industrial relations at the time. In fact, quite the reverse, because paragraph 2 of "In Place of Strife" said:

Indeed, in some instances he is returning not only to that position but to what the situation was long before 1971. He has gone into reverse, against the trend of the previous Labour Government's thinking. "In Place of Strife" recognised that a framework of law was needed in industrial relations. It referred in paragraph 3 to containing

Why, for instance, is the code of practice to be abolished? That was valuable as a guide and reference and laid down standards for good industrial relations with which no one would quarrel. Surely it is still important and could be used without upsetting the right hon. Gentleman's other objectives. We are therefore entitled to ask the Minister of State why it has been done away with. If the answer is that it was associated with the 1971 Act, that surely indicates a petty and purely revengeful attitude.

Similarly, why is the CIR to be abolished and its skilled staff made redundant?—[ Interruption. ] That is an interesting comment which shows a somewhat revengeful spirit. I should have thought that the right hon. Gentleman would need something exactly the same as the CIR for his new conciliation and arbitration service. If so, why not keep the CIR in the meantime and then convert it into his new service and develop it accordingly? I can see no good reason for its abolition. Since the Government seem to have a good idea of the reason, perhaps the Minister of State will explain it.

It is where the right hon. Gentleman has gone further back than the 1971 position that he destroys any proper framework of law. This is particularly true of the extension of trade union immunity in law under the Bill in two significant respects. First, there is the wider definition of a recognised trade dispute to include disputes over union recognition and disputes outside Great Britain. This appears to mean that unions will be fully shielded by law if they strike against other unions and that there will be immunity for industrial action in Britain designed to put pressure on an employer involved in an industrial dispute abroad. What good reason can there be for that?

Second, the Bill allows a union to induce a breach of any contract, not just a contract of employment. This is a significant extension of the immunities enjoyed by unions before the 1971 Act. It means that there will be no restraint upon a union blacking or boycotting or blockading not only the suppliers and customers of the employer that it is attacking but also the suppliers and customers of the suppliers and customers themselves. That is a licence for a union to do almost anything it chooses in pursuit of industrial action.

The passage to which my right hon. Friend has referred at some length goes even further, does it not? Its scope is unlimited, so it would enable a union in this country to call a strike because something had happened of a purely political nature in another country. Might it not have the result that the economy of our country was damaged without any purpose being achieved in the other country?

My right hon. and learned Friend is very learned in these matters and if that is how he sees the position, it seems to indicate a serious situation, even worse than that which I was describing. The Minister of State must address himself to this.

When I said that almost anything was allowed, that was correct, because, at least so far, what I believe, contrary to what the right hon. Gentleman said, to be the totally objectionable proposals on picketing are not to be legalised. One trusts that they never will be, although from what he says, it seems that they will. But surely the power to stop lorries in order to explain the circumstances of a dispute to the driver must be an open invitation to intimidation. I agree with the right hon. Gentleman that everyone else knows more about picketing that one does oneself. I doubt whether the hon. Member for Liverpool, Walton (Mr. Heffer) knows more about picketing than I do——

I have been on picket lines.

I accept that, but that does not mean that the hon. Gentleman understands more about the law of picketing. That is a very dangerous matter for any of us to get involved in, because it is a very difficult area.

I naturally welcome the right hon. Gentleman's approach on this matter, because he at least shows an open mind on it and he is prepared to have further discussions. We should be very clear before any further moves are made exactly what is proposed and what the result will be. I claim that the proposal about lorries and drivers is an open invitation to intimidation. The right hon. Gentleman may think that it is not, but at least this should be argued and considered more carefully. I am glad to hear that he will do that.

So one comes back to the extension of the immunity to cover any contract at all. How can that be justified as fair and reasonable in the interests of the community when employers and employees can become involved in an industrial dispute in which they are not strictly concerned? What makes it worse is that, all too often, those people have no power to affect the situation. How can such a provision lead to better industrial relations or less disruption of production? How can it help to provide greater security for the earnings and lives of the ordinary individuals who are inevitably the victims of industrial power politics?

Neither the right hon. Gentleman or anyone else can neglect the fact that, all too often, it is employees who are not involved in a dispute who are the victims of the dispute, and the nation is the victim in loss of production. Such an extension is hard to justify.

This extension also gives trade unions special legal privileges at a time when their basic responsibilities to the community and their own members are being reduced. The Industrial Relations Act required that union rules and procedures should be fair and reasonable. This, after all, closely followed the thinking of "In Place of Strife", paragraph 107 of which said:

Nor will unions be obliged to maintain satisfactory rules and procedures before enjoying extended legal privileges and immunities. Apparently, their obligation will be to maintain proper accounting records, to appoint qualified auditors and to make their annual returns available to any person on request. Surely this is to treat unions as if they were just another kind of voluntary association.

But that is not what unions are. They are institutions which enjoy privileges and immunities in law far greater than any other bodies under the Crown. Surely, if trade unions are to be given special legal privileges in the community and a considerable power over individual union members, and, indeed, over individuals who are not members of unions, it is reasonable for Parliament to insist on an appropriate standard of fairness and justice in rules of procedure. It is surely reasonable for Parliament to lay down responsibilities which are the counterpart of the privileges that it is providing for unions. Why on earth should it not be so? Perhaps the Minister of State will tell us at the end of the debate.

The right hon. Gentleman is aware that trade unions which were not registered were, therefore, organisations of workers, as such, and that there was no law which made them work in his, so-called, fair and reasonable manner in the rule book. Why did he not take action against those particular organisations of workers, and not only against trade unions as such?

The argument that I was putting to the House—I think that the right hon. Gentleman will agree—was that under the Bill unions were to be given considerably extended immunities and privileges under the law. If that is so, surely they equally should have the corresponding responsibilities concerning their power over individual union members. My complaint is that at the same time as they are getting extended privileges on the one hand, they are not being required to incur the same responsibilities. That is a fair point, which again must be answered.

This is a question which affects not only the relationship between unions and employers but also, perhaps, that even more important relationship between unions and the individual. The right hon. Gentleman the Secretary of State has a great reputation as a libertarian and a defender of individual rights. Does he not appreciate that his legislation subjects the individual to the potentially oppressive power of collective organisations which he is proposing to put, more or less, above the law? If he says that it is because it is a collective organisation of which he approves, I should like to say that he, in his time, has not always been one who has been prepared to toe the line of a collective organisation of which he was a member.

Therefore, surely the right hon. Gentleman must have the interests of individual union members at heart. Yet I believe that what he is doing goes clean counter to that. He plans to allow unions to make their internal rules and order their procedures without any accountability to the country as a whole. That is what the Bill does. But before the 1971 Act, this area was a fertile source of oppression and injustice to individuals—yet we are returning to that. That is certainly so, and there are many individuals who will speak to that.

Secondly, the Bill proposes to legitimise the closed shop, both that which operates before entry and that which operates after entry. With appropriate safeguards, there is probably a case for accepting a post-entry closed shop. I emphasise the words "with appropriate safeguards". But it is hard to see how anyone committed to the principle of freedom of the individual can support the operation of the pre-entry closed shop. We need to be told on what basis the Government do so.

As for safeguards on the proposed post-entry closed shop, the right hon. Gentleman's consultative statement of 22nd March indicated that consideration was being given to means of protection against arbitrary exclusion or expulsion from unions. In this aim he puts forward only the provision of religious grounds. But that is too narrow and does not meet the requirements of his original proposals. Again, the right hon. Gentleman said that he was considering this matter further. I hope that he will because I believe that safeguards for the individual are very important. I do not think that there is anything between us on this matter. I should have thought that religious grounds was undoubtedly too narrow a provision. In any event, there is no provision, as I understand it, for an alternative contribution in lieu of membership fees. Again, that is something which should be very carefully considered.

One has to ask how the Government intend to provide the proper safeguards. We realise now that the right hon. Gentleman will be considering this matter very carefully again, and we await the result of that. But it seems that he has placed himself in a considerable dilemma. Having swept away registration, by which the 1971 Act sought to achieve this end, he will either have to rely upon voluntary restraint by the unions or he will have to give industrial tribunals a measure of jurisdiction over the internal affairs of unions. I do not see how he will escape that particular dilemma. We shall wait to see what will happen as a result.

Does not my right hon. Friend agree that in essence this problem comes down to the fact that if one has a closed shop of any sort, the rules of the union must be seen to accord with natural justice and there must be an appeal on this matter to a body outside the union? Does he also agree that it would be intolerable and utterly repugnant to most people if a man could be forced out of work by refusing to belong to a union, with no appeal and when the union's rules are not looked at by anyone but the union?

That is an extremely important point. It underlines the right hon. Gentleman's dilemma in deciding how he will provide these very necessary safeguards.

Has it occurred to the right hon. Gentleman that the House of Commons proceeds very much on the basis of the collective will and free trade unionism, but that there are certain matters which we leave to individual judgments and on which we bring down our own laws within this fraternity? Why should he think that we should be substantially different from workers generally?

I would not wish to enter into various areas in which the House seems to be intending to improve—so-called—its procedures and, indeed, to bring in considerable restrictions upon itself. I do not wish to follow up the remarks of the hon. Gentleman. I suspect that he is treading on dangerous ground and that I, who may have a different view, might also be treading on it. We should await further developments on this front.

In any event, however one takes this matter, it is certainly right, when considering individual rights, to welcome the Government's retention of the 1971 Act provisions relating to unfair dismissal. The right hon. Gentleman—delightfully, I thought—suggested that one of the justifications for doing this was that they were being lifted out of the 1970 Bill—[ Interruption. ] The Government will also have to accept that what is sauce for the goose is sauce for the gander, if one wants to lift out something from the 1970 Bill and it is exceptionally inconvenient to lift out many other things from it. [ Interruption. ] I make that comment only in passing because the right hon. Gentleman used it as a justification.

We shall need to consider in Committee the various extensions and changes proposed, but one obviously welcomes the inclusion of the basic provisions. They are an example of the good that can be done by the intervention of the State in industrial relations to provide rights and responsibilities defined in law—a philosophy which the right hon. Gentleman in every other respect has totally and unthinkingly rejected.

The figures for these provisions and how they have worked speak for themselves and for the value of the safeguards they provide. As I understand it, in the past two years 19,000 cases of unfair dismissal have been referred to industrial tribunals. In the 22 months up to 31st December 1973, roughly 14,500 cases have been dealt with, of which 3,500 have been successful through conciliation and 2,000 at tribunal hearings. I should have thought this ample justification of the procedures, and I am glad that they are to be retained.

The figures also show that in this respect, as in many others, the 1971 Act helped to provide a right balance between the requirements affecting joint action, on the one hand, and what I should have thought was common ground in the House—the equally important need for the protection of the individual.

It is this same principle which guides the Opposition in our thinking about the appropriate legal framework for industrial relations. The 1971 Act was an attempt to give an expression to that principle and the principle of the most orderly and rational possible solution of industrial disputes. We shall continue to stand by these principles while at the same time, as we have always maintained, we are prepared to think again about the different ways in which these could be brought to bear in the law on industrial relations.

In our amendments to the Bill we intend to continue to seek an effective way of giving life to these particular principles. If we do, and if the arguments are conducted along those lines, I believe that in due course a clear choice will exist on the question of a policy in industrial relations which is designed to hold the balance in the interests of both the individual and the community as a whole, and the alternative policy of giving trade unions a measure of power against both the individual and the community, which cannot in the long run be in the interests of any of those concerned.

So I believe that the right hon. Gentleman is making a fundamental error in his proposals, even viewed from the narrow position of what is best for the trade unions. The unions are rightly powerful organisations in our national life and we believe that they should be strong and independent with the right to look after the true interests of their members. That right should be fully respected, but like all other groups in society their real power and influence ultimately depend upon acceptance by the community as a whole. If, therefore, as in the Bill, trade unions are granted a privileged position and are regarded as the Government's favoured sons—by some even as their masters—that measure of acceptance will be lacking. Instead, feelings of resentment will be aroused in other sections of the community against the all-powerful trade unions.

Of course, many unions and union leaders will use their extra powers if granted under the Bill in a responsible manner. However, there will be some who will become bullies in one way or another, probably against individuals. Then there will be a powerful reaction against trade unions and that essential acceptance by society as a whole will be lost. So, while the Bill may be superficially attractive today to Labour Members and to some trade union leaders, I do not believe that satisfaction will last. On the contrary, it will be increasingly realised that we are right when we say that the Bill will be bad for the nation, had for human relations and industry and, in the long run, bad for the trade unions themselves.

5.43 p.m.

Those of us who accompanied my right hon. Friend the Secretary of State on the long march of the winter of 1970–71 will have no difficulty in welcoming the Bill as being the first of several instalments of a much overdue measure. Where we might disagree with my right hon. Friend is in the self-deprecating remarks he made about his part in the resistance to that painful piece of legislation. However, that can wait for another occasion.

Certainly to my trade union—and I have the honour of having been a national executive member for nearly 10 years—the Bill and what is to follow wil come as a great relief. We have, regrettably, for our sins, and no doubt gecause of the sort of union we are as the Association of Scientific, Technical and Managerial Staffs, been dragged to court by employers and by strange Goad-like figures more than the average type of trade union.

I must confess to a certain and, I hope, only temporary embarrassment in connection with my next point because it is similar to the point made by the right hon. Member for Penrith and the Border (Mr. Whitelaw) concerning the Commission on Industrial Relations. One of the things I noticed in thumbing through the Bill was the omission and perhaps the hiatus represented by the fact that the CIR is to be abolished. There will be a period between the near future and next autumn when there will be no CIR and no concilliation and arbitration service, which in general terms will replace the CIR. I confess to certain mixed feelings about the CIR because like most of my hon. Friends I recognise that it has something of a Jekyll and Hyde quality. On the one hand it was a piece of apparatus which formed part of the integral and evil whole, being the industrial relations machinery set up under the 1971 Act. Equally, however, in a somewhat more private capacity it did certain very useful work by defining problem areas in industry and helping in some cases to solve industrial issues. For a union like mine, whose main claim to fame is that it is most certainly the world's leading white collar union in terms of growth, and has been indisputably top of the league for the last seven seasons in the TUC, this has been modestly useful in protecting our members.

Is it not possible for the CIR to revert to its old status, perhaps under new leadership, until the conciliation and arbitration service is set up in the autumn so that there is no hiatus and so that we do not lose the staff as the right hon. Member for Penrith and The Border said, who over the years have acquired a useful level of skills? I imagine that my right hon. Friend would regard those skills as useful when he sets up the conciliation and arbitration service in a few months' time.

Another aspect of the 1971 Act concerns the position of non-independent staff associations and other para-trade unions which manage to get themselves on to the register of trade unions. I am thinking particularly of organisations such as the General Accident Staff Association, the Association of Cambridge University Assistants and bodies of that sort which were set up as a means of avoiding trade union responsibilities under the 1971 Act. The Bill will allow for such organisations to be registered with the Registrar of Friendly Societies, and although he may refuse to place an organisation on the register, no criteria have been laid down in that respect. I hope that the Secretary of State will examine the matter with a view to avoiding making legitimate bodies which were conceived in sin—industrial sin, if not a more general sin—and which have greatly worsened industrial relations.

Clause 26 defines a trade union and also an independent trade union. I and a number of my hon. Friends take the view that any definition of that sort can only legitimise, or tend in that direction, bodies which are in essence employers' creatures. I should like some further thought to be given to that, and perhaps the Minister will comment on the matter when he replies to the debate. The definition of an independent trade union needs to be tightened. As at present drawn it could operate against legitimate trade unions which have reached an agreement with companies to allow them full-time representatives, rooms and clerical assistance. A description of the union's total assets should also be included.

In some instances the withdrawal of the CIR will be to the disadvantage of trade unions. For example, Britain's fourth largest company, ICI, has refused consistently to give bargaining rights to trade unions in its staff sector. As many hon. Members will know, the staff sector represents approximately 36,000 employees. My union along with a number of others has been fighting over the years a long-drawn-out war of attrition with ICI.

By a lucky accident it so happens that ICI's refusal to grant recognition to staff unions was referred to the CIR for investigation against the wishes of the company. I understand that the investigation has been completed. I ask my right hon. Friend to have the report sent to him even though he is in the process of disbanding the commission. I understand that in the present circumstances the report will have no legal force. I can assure my right hon. Friend that if he were to send for the report and place it in the file my friends in the trade union movement and in my own union would he most grateful.

Another question that occurred to me on reading the Bill is what will happen to so-called unions on the special register and on the provisional register. Can they register with the Registrar of Friendly Societies or can they not? Perhaps the Minister will make passing reference to that matter when he winds up.

I turn briefly to a gentleman who has been much on the mind of many of us in the Chamber and not least on the mind of my right hon. Friend—namely, the President of the NIRC. I always make those initials into a word, as it has a suitably nasty ring. The President of the NIRC has publicly been on record as claiming that the main function of his court—and he has had one or two echoes in the Chamber—is conciliation. I shall not lapse into the extremity of language of my right hon. Friend, but the aforementioned but unnamed judge would be more likely to win the title of champion industrial wrecker. However, we have had enough of him for the moment.

Under the old-style operation of the Department of Employment and its predecessors the function of conciliation was one of its principal rôles. One of the great sadnesses of recent years has been the Department's abortive attempts to issue orders on industrial matters. The Department's rôle of conciliation has not been observed. One of my dearest wishes is that after the mess and the rubbish has been flushed out the Department will return to what I regard as its primary rôle—namely, conciliation.

Before making these disgraceful criticisms of both judge and court, has the hon. Gentle- man gone to the trouble of finding out how many cases have come before the court, under which provisions of the Act they have come and how many have been conciliated by the court? I am certain that if he considers those matters he will find that what he said is grossly unfair. A large proportion of cases have been amicably settled on the court premises with the assistance of the court.

Unwittingly the hon. and learned Gentleman is being misleading. I have seen the statistics to which he refers. He knows as well as I do that the great majority of cases that have come before the court have been simple cases in legal terms, such as unlawful dismissal and the like. We know that, in terms of making a contribution to industrial harmony, the court of which Mr. Justice Donaldson is president has been an unmitigated disaster. All my right hon. and hon. Friends are only too well aware of that fact. I propose not to spend any more time on one who is about to depart the scene.

Perhaps the most serious aspect of the Industrial Relations Act 1971 has been that an important minority of maverick employers, and some other employers who should have known better, have been reluctant to make industrial settlements because they knew that there was the possibility of getting matters sorted out in terms of a legal suit. That has done a great deal of damage to industrial relations. It has removed or at least considerably reduced any incentive to settle such matters in a way that over many years had become the habit and practice of overwhelmingly the largest part of British industry. That is not the least of the matters for which we are calling the Conservative Party to account.

I am being deliberately brief and I have shortened my remarks, but I add that it would be impossible for anyone who lived through the weary winter months of 1970 and 1971, prior to the passing of the Industrial Relations Act 1971, not to give this measure a warm welcome. It is greatly overdue. I predict that it will have a beneficial effect. I especially welcome my right hon. Friend's assurance—and I never doubted that it would be forthcoming—that we shall have not merely one but possibly two or three further measures in the months that lie ahead. Hopefully those measures will put industrial relations on to a new and much more productive plane than that in months past.

5.58 p.m.

To pause for a moment in this debate and to talk about Cleveland and Whitby is no courteous irrelevancy as many of my constituents work in the steel industry, at Skinningrove and elsewhere. Many others commute to Teesside to work for ICI. For them good industrial relations is a vitally important factor in their lives.

But the interests of my constituency are far from being only industrial. The ancient port of Whitby thrives more than ever and if whaling is less in evidence than it was 200 years ago, tourism and fishing more than make up for it. The inland areas of the constituency are largely agricultural, but there, too, tourism flourishes, as one would expect in a constituency that is in large part in a National Park. In much of the magnificent moorland area there are more sheep than people. I shall not speculate on whether the extension of the franchise to the sheep would increase or diminish my majority.

Whereas in most cases the invitations to you, Mr. Deputy Speaker, or to Ministers to visit a constituency are veiled threats or barely concealed pleas, in my case I can assure you that the invitation is innocuous, that the acceptance would be agreeable and the sojourn enjoyable. Any visitor in need of spiritual sustenance can take comfort from the fact that at one end of the constituency we have the Guisborough Priory and at the other Whitby Abbey. No false conclusions should be drawn from the fact that both are, and have been for centuries, splendid ruins.

Another happy feaure of my constituency is that to be elected to it I did not have to experience mixed feelings on the death of a venerable Member of this House; nor did I have to join in sad expressions of good will on somebody's retirement; nor did I even have to defeat some worthy stalwart who had done sterling work for the constituency for many years. Cleveland and Whitby being a newly carved-out constituency, all that had to happen was for the hon. Member for Redcar (Mr. Tinn) to yield the eastern part of his constituency and for my hon. Friend the Member for Scarborough (Mr. Shaw) to cede the western part of his constituency, an arrangement which the electorate fortunately saw fit to endorse last February. It is a pleasure to join both hon. Members here and to thank them for their assistance and help. To learn all the problems of the constituency was as nothing compared with absorbing the geography of this House.

It may seem strange for a new Member to plunge straight into the thicket of industrial relations. My only excuse for doing so is that it may be a positive advantage not to have been too close to the passions roused by the Industrial Relations Act 1971. But in following the passage of the Act as an outsider, I noticed how often my right hon. Friend the Member for Carshalton (Mr. Carr) and my right hon. and learned Friend the Member for Surrey, East (Sir G. Howe) stressed that this was a new attempt to deal with the subject in legislation, that finality was not to be expected, and that the legislation was by its nature experimental.

I also observed that, after the passage of the Act, the last Government expressed their readiness to consider amendments to it and at the General Election indicated their intention after the election to make substantial changes. Accordingly, it seemed reasonable to hope, after the election, with that history of the matter, and particularly with a finely poised Parliament, that perhaps in spite of the heated feelings a constructive attempt could be made to rethink the whole problem and to make the legislative changes which were genuinely needed.

For a combination of political, social and industrial reasons, the 1971 Act was a blue rag to a red bull, and nothing was more anathema to the trade union movement than the institutions created by the Act, the Commission on Industrial Relations and the National Industrial Relations Court. In fact, these institutions were created in their present form precisely in order to provide tribunals with industrial experience, including trade union experience, rather than to throw the whole subject over to the ordinary courts.

But it was not to be. The institutions were anathema. It might be thought that if the institutions proved unacceptable, for good reasons or bad, perhaps what we should do was to accept the political and practical realities and change them or even abolish them, but at the same time find new ways of giving effect to those principles of the 1971 Act which have enduring validity. The questions that now have to be asked are, first, what are those principles, and, secondly, are they enshrined in the Bill?

It was always said that the main principle behind the 1971 legislation was to provide an orderly legal framework for the conduct of industrial relations. It is easy to make fun of that phrase, and it can, of course, have many different meanings. But what it means in practical terms is that one is seeking to provide ways of solving certain, but not all, types of dispute without resorting to strikes, and if that can be done it is immensely desirable economically and far more civilised than resorting always to a brute test of industrial strength.

The Act provided, for example, ways of dealing with problems of unfair dismissal by allowing complaint to be made to the industrial tribunals. It also provided a means for dealing with recognition disputes and disputes as to bargaining rights, with the help of the CIR. It provided a means of ensuring that unions behaved fairly towards their own members. It provided a machinery for determining when a closed shop or agency shop should be allowed. All of these were constructive points in the Act, and one hoped in this Bill to find at least alternative methods of achieving the same ends. Unfortunately, one finds no such thing.

The unfair dismissal provisions, it is true, are retained, but there is nothing about recognition or bargaining agent disputes. These are to be left to be dealt with no doubt by the conciliation and arbitration service to be set up in another Bill. But as the Government are proposing to abolish the present power and machinery, one is entitled to ask them now what powers the conciliation and arbitration service is to have, or whether it will be a purely voluntary body. If it is a purely voluntary body, will it be able to achieve these ends? It is a tragedy that we have to have two bites at the cherry instead of a single rational, orderly and comprehensive review of the 1971 Act.

When it comes to the question of the conduct of trade unions towards their members, these provisions of the 1971 Act also disappear. We were told that consideration was being given to providing, either in this Bill or in a later one, safeguards against arbitrary exclusions or expulsion from trade union membership. The Secretary of State clearly thought that that was necessary, and, judging by what he said today, he still thinks so. But why are we being asked to abolish the safeguards now in the mere hope that some unseen, unknown, undetermined future provisions may provide a satisfactory alternative at some unspecified date in the future?

What about the unfortunate people who are arbitrarily excluded or expelled after this Bill is passed but before the next one sees the light of day? While leaving such people naked and defenceless, we are at the same time invited to restore complete and unregulated freedom to the closed shop, both pre-entry and post-entry. I could understand all this, inadequate though it be, if what we were presented with was a simple repeal of the 1971 Act, but the Bill is nothing of the kind. For all the brave talk about a seven-word Bill, this fat Bill is highly complex and positively wallows in the complexities of industrial relations law. The voice may be the voice of the Secretary of State, but the words are those of his friend, Professor Wedderburn.

The Bill is not just the quick repeal pledged to the TUC. It extends the privileges and immunities of the trade unions in a dramatic and dangerous way. By permitting the inducement of breaches of commercial contracts, it paves the way for vastly increased boycotting and blacking of goods produced by and for people who have nothing to do with the dispute in question, and, on the wording of the Bill, it is even arguable that a newspaper which announced that it was publishing an article critical of a trade union's behaviour in a dispute could find its oil or fuel supplies cut off, perfectly lawfully, and with no redress.

If that were so, the threat to freedom of expression would indeed be a dire one. I refer to this because it is vital to destroy the illusion that has been so ardently and assiduously repeated that the Bill does no more than remove a needless irritant from industrial relations. It does nothing of the kind. It is sufficiently complex for it to be a thousand miles away from a straightforward repeal of the 1971 Act. It is far too hastily produced, far too partisan in conception and far too shallow in content for it to be a serious new attempt at rethinking the rôle of law in industrial relations.

6.10 p.m.

It gives me great pleasure to have the opportunity to congratulate the hon. Member for Cleveland and Whitby (Mr. Brittan) on his maiden speech, which was lucid, precise, elegant and non-controversial. The House will appreciate the deep feeling with which he spoke about the sheep in his constituency. He also spoke about the Industrial Relations Act and about Professor Wedderburn, and it is nice to know that some members of the Opposition are familiar with some of the experts in industrial relations. I hope that the hon. Gentleman will make frequent and regular contributions to the debates but that before doing so he will read Professor Wedderburn more thoroughly.

The hon. Gentleman said that the Industrial Relations Act was an experiment. It is an experiment, which has now had its end. The red flag, or the red bull, as the hon. Gentleman called it, will be trampling beneath its feet the blue flag of the Industrial Relations Act. With my constituents I wholeheartedly welcome the repeal of the Act, which was motivated by spite and enacted with malice.

The previous Government said that they would bring the unions within the framework of the law and now, in their amendment, they say that they wish to bring the unions within a proper framework of law. But the unions have always been within a framework of law. They have always been subject to the law, with certain exemptions, as are many other groups, whether they be motorists, widows or employers' associations. The trade unions are not above or outside the law; they are within the law—let us make that clear.

What do the Opposition mean by a proper framework of law? Do they mean the vindictive principles of their Industrial Relations Act, which had as its intention an attempt to shackle trade unions and which lifted entirely all the notions of discipline and responsibility straight out of the Conservative Inns of Court Unionist Association's document on industrial relations? That Act was an attempt to tie down the trade unions and the legitimate demands of the members. What is sequestration of union funds and gaoling of dockers and pickets, if not an attempt to shackle trade unions and the legitimate demands of the members? Along with the Tory Housing Finance Act and the imposition of the three-day waiting period for unemployment benefit, the Industrial Relations Act was a determined and premeditated attack on trade unions, the living standards of their members, and the working class of the country.

I do not suggest that there are not problems in industrial relations. There are many problems. There are the problems of unofficial strikes; of overlapping and competing unions; of restrictive and outdated practices; and of inadequate communication within and between unions and between employers and employees. But there are also problems of recalcitrant management, of hidebound and prejudiced employers, all of whom were condemned by the Donovan Commission. The Opposition had been bleating for decades about having a Royal Commission and when the commission was announced it was said that it would uncover all the little defects of our industrial relations system and that there would be condemnation of the power which trade unions were supposed to possess. But the commission's report was a most comprehensive, detailed indictment of the management of British industry, a complete exoneration of the trade unions and the voluntary system of collective bargaining, and a complete dismissal of the case for a legal straitjacket on trade unions.

The problems of industrial relations cannot be dealt with by the law. We cannot impose a formalistic and static conception of industrial relations on what must necessarily be a dynamic situation. We cannot have rigid rules, but we can have, and need, good will. The Industrial Relations Act destroyed whatever good will existed. A mere glance at the facts demonstrates that. The Act was supposed to clean up our industrial relations system, put it into a proper framework within the law—overnight—and to create a nice, new authoritarian system which would bring order, discipline and regularity—the favoured words of the then Government—but the result was that more days were lost through strikes than before. There was also great loss of production.

The Act triggered off more strikes—in direct defiance of it—than had been caused in the previous year during the normal process of industrial negotiation.

The hon. Gentleman said that there was a great increase in the number of working days lost in 1972 due to the passing of the Act. Has he overlooked or does he not know that 10 million of the days lost were lost due to the miners' strike in 1972, which had nothing whatever to do with the Act or with the National Industrial Relations Court?

I am aware that in the Industrial Relations Act there was a cooling-off period provision which was supposed to prevent fractious occurrences. I thank the hon. and learned Member for Southport (Mr. Percival), because he has provided a further indication of the irrelevance of the Industrial Relations Act, as well as the cooling-off period and the compulsory strike ballot, which, in most cases in which they were needed, were not used by the previous Government. We cannot deal with these problems by law but only by persuasion, consent and conciliation.

Therefore, I have some misgivings about the present Bill in relation to the abolition of the Commission on Industrial Relations. We need a system of conciliation and arbitration, which is not proposed in the Bill.

However, I am more concerned that cases before the Commission on Industrial Relations, particularly those dealing with trade union recognition, will be abated. I hope that this will be looked into and that the Government will ensure that claims for trade union recognition do not lapse with the passing of the Bill. It might not be unfruitful to suggest that some matters now before the National Industrial Relations Court might be abated while others, which are amicable and beneficial to trade unions, should continue to be dealt with.

Our industrial relations system is the result of a long process of growth, change and adaptation. That is something hon. Members opposite should appreciate. It is a very delicate, subtle and fragile system which does not easily lend itself to being imposed upon by those who think they know better and are in the process of enacting rules and regulations. It is a pluralistic system. It is one in which, and we have to accept this, there is the inevitability of conflict but a conflict which is institutionalised and civilised. This, the voluntary system of industrial relations, is far better than the legal framework or the paternalistic ideas of the second Opposition party.

The 1971 Industrial Relations Act was based upon a misconception, both of the nature of our industrial relations system and of the rôle and function of trade unions. The trade unions are not policemen. They are not there to act as servants of the State. They are not there to police industrial relations in the interests of the employer or of the Government, irrespective of which party is in power. The trade unions are created by their members to serve their members' interests. They are paid by their members. They are the creation of their members.

It is not for us or the Government to come along and attempt to impose a discipline on the trade unions, to provide incentives and the means by which the trade unions are supposed to discipline their members. In spite of a system that is pluralistic as opposed to a unitary one, in spite of the fact that our industrial relations system and our trade unions have grown in a subtle atmosphere over a long period of time, have evolved complicated and voluntary procedures, and in spite of the overwhelming evidence whether by the Donovan Commission or expert and learned opinion, the previous Government went ahead with its ill-considered legislation.

The last Government went ahead with what is now seen to be an irrelevant and outmoded Act. The problem was one of dislocation between national and local agreements, between national and local negotiations. The answer of the previous Government was to attempt to impose discipline from above. Here I enter a note of criticism of our trade unions. Instead of imposing duties upon them we should have been imposing rights. The trade union movement has not been by any means sufficiently militant.

Tory Members complain about the militancy of certain trade union leaders and certain trade unions. If we examine what they have achieved in the past it will be seen that there is a strong case to be made for the suggestion that our trade union leaders have been effete and feeble in their prosecution of their members' interests. We do not have the same pay and conditions for our workers as are enjoyed in other countries. They do not enjoy the same holidays, the same sick pay, the same occupational pension schemes. They certainly do not enjoy them in the same way as their white-collar brethren enjoy them.

There is still a great disparity in working conditions, in remuneration and a whole range of other aspects of industrial life—a great dichotomy between manual workers and staff workers and the rest of the community. If we compared the plight of members of unions embracing low-paid industries with company profits and the obscene wealth that disfigures so large a part of this society, we should be passing an Act to make it a responsibility of trade union leaders to be far more militant and aggressive in their posture.

If legislation is needed, we need a charter of workers' rights, perhaps doing the job that the trade unions should have done a long time ago. I hope that this Bill will go some way along that road, clearing the ground by the repeal of the Act. I hope that we will go further with the introduction of further Bills giving to workers far more positive rights, leading both to a harmonisation of our system of industrial relations and better facilities for our workers as a whole.

6.26 p.m.

I start my contribution to what is inevitably a controversial subject by a wholly uncontroversial observation and associate myself with the compliments so fittingly expressed about the admirable maiden speech of my hon. Friend the Member for Cleveland and Whitby (Mr. Brittan). From the high quality of his speech it will be apparent to right hon. and hon. Members that he will be regarded in this House with the same respect as he is already regarded in the Temple, and will be listened to here on what I hope will be the numerous occasions on which he will make contributions with the same attention as he is in the courts. [ Interruption. ] Hon. Members who are lawyers make a fitting corrective to some less constructive elements. The hon. Member for Bolsover (Mr. Skinner) has not been here—

I have not been to Strasbourg. I have not been fiddling at Strasbourg.

The hon. Member has not been here during the whole of the debate and I hope therefore that he will spare us contributions even less informed than they are when he is here for the debate.

This is not an argument about whether the Industrial Relations Act is a perfect statute either in its drafting or its operation, because it is accepted that it is not. I find nothing surprising in that. After many years of taking part in the legislative process here and of seeking to interpret and expound the law elsewhere I know of very few statutes for which one could reasonably claim perfection.

Nor is there any argument about the constitutional right of the Government to commend to Parliament, in their own way and at a time of their own choosing, proposals to undo the laborious work of their predecessors. What is in dispute is the wisdom and propriety of a measure of repeal which demolishes the whole structure and concept of industrial relations within a proper framework of law. It is an argument not about the perfection of the Act, since perfection is not claimed, but about the imperfection of the Bill, which is manifest. Above all, it is an argument about the application of the rule of law to industrial relations.

The Opposition amendment takes this point and rightly gives it pride of place. We are asked what is meant by a proper framework of law. I would say that a proper framework of law involves acceptance of the principle that where much is given by way of privileged status and preferential treatment—and much is given to trade unions by statutes beyond the ordinary entitlement of the common law—there should be a corresponding and balancing acceptance of responsibilities and restraints, likewise defined and applied by the law.

This is an important point. Is the right hon. and learned Gentleman aware that when trade unions have responded in the responsible manner he talked of, within a proper framework of law as defined by him, the 1971 Act has reacted against those responsible trade unions? How on earth can he describe a proper framework of law as coming within the terms of the 1971 Act when such a thing happens? The Post Office Union which he ought to study is a very good example of this.

Of course I shall look carefully at any specific instance to which the hon. Gentleman is good enough to draw my attention. On the more general point, I am coming in a moment to an analysis of the balancing provisions of the 1971 Act to show precisely how that balance is applied.

This balancing provision is the basic principle of the 1971 Act, and it is the foundation on which the framework must be built. It may be that not every joist and column is cast in the way in which, with hindsight, we would have wished, but that is no reason for striking away the whole foundation on which we can build.

This basic principle has not been evolved for special application to industrial relations. It is the basic principle underlying our way of life. It is the acceptance of restraints and inhibitions under the law in consideration of the advantages and protection which the operation of law in turn affords. The evolution and application of the principle, and the weaving of it into the tapestry of our national life, has been one of the outstanding and distinctive contributions to our concept of the rule of law, but it rests on a delicate balance, and that balance is rudely upset by the approach of the Bill.

Apart from a little cosmetic disguise here and there, the Bill proceeds on a proclaimed one-way basis—the bestowal of preference and privilege without the balancing acceptance of obligation and restraint. In the Industrial Relations Act we can identify the elements in such a balance, not perhaps an acrobat's perfect equipoise, but a broad balance overall capable of further adjustment and improvement in its individual parts.

In the time at my disposal I cannot make the detailed analysis I would wish, but the broad balance is clear. Let us take, first, the privileges and preferential treatment conferred, not only those initially bestowed by the 1971 Act, but including the retained product of earlier statutes. The statute law, including the Industrial Relations Act, gives to trade unions the right to take certain actions and to be immune from the consequences of those actions, which would not be available to them under common law.

There is the right to strike in breach of individual contracts of employment. There is the immunity enjoyed by registered trade unions from any action in tort for inducing other people to break their contracts. These are rights that are considered essential to the conduct of industrial action and, therefore, to the efficacy of the strike as a weapon in industrial dispute. They are rights which are enjoyed only by statute. They are rights specially conferred, which therefore justify the imposition of responsibilities and call for their acceptance.

These rights are preserved for registered trade unions in the Industrial Relations Act. The Act does not seek to impose on trade union members any liability to compel attendance at work by way of an action for specific performance or injunction, thereby undermining the efficacy of strike action. [ Interruption. ] I take the implied point. Of course action does not lie at common law for specific performance for such a contract of personal service or employment, but if the Act had been the vindictive, union-bashing measures which it is sometimes misrepresented to be, provision for it could have been contained in the statute. The fact that it was not is evidence that it was not an Act of that sort. On the contrary, Section 128 specifically enshrines this safeguard and expressly excludes any attempt to compel or enforce attendance at work.

The right hon. and learned Gentleman will remember that we have crossed swords on this subject several times. Although an individual cannot be compelled to go to work, nevertheless, in many cases action lies against a trade union, and the results of that action are seen in what has happened only today with regard to the AUEW.

I am coming on to the question, where there is a judgment for compensation, of what are the court's rights and duties in regard to its enforcement.

I shall briefly mention some of the other matters in which rights were specifically conferred. There are the rights in regard to unfair dismissal given by Part II, rights in regard to collective bargaining and recognition of a trade union as the sole bargaining agent given by Part III, the basic rights in respect of trade union membership given in Section 5 and the agency shop provisions in Section 11. In all, that is an impressive body of law for the protection and assistance of trade unions and their members.

It is reasonable, therefore, in accordance with the basic principles to which I referred, to expect some prescription of corresponding safeguards and restraints. Those are not imposed for the sake of it, still less in any spirit of hostility to trade unions. They are imposed basically to preserve the rights of individual citizens who might otherwise be in the power of trade unions, their officials and stewards, their appointees and emissaries, without restraint of law or adequate protection.

First, the principle of registration, referred to by my right hon. Friend the Member for Penrith and The Border (Mr. Whitelaw) in his admirable speech, is not a rubber stamp, slot-machine registration on demand, but a genuine system linked to and dependent on compliance with prescribed principles and standards. These principles are set out in Section 65 of the Act and the requirements as to the rules are set out in Schedule 4. They are concerned with election and disciplinary procedures, conduct of meetings, rights of individual members, and so on. They are eminently reasonable and appropriate to the functioning of a democratic organisation. That was the approach of the Act, and it was an eminently fair and reasonable one.

If we compare the requirements in respect of registration for the other organisations referred to in Clause 2(2) of the Bill we see that this is so. Companies also have to satisfy stringent statutory requirements, and they would have been even more stringent under the Companies Bill promoted in the last Session of Parliament by the previous administration. Those requirements are imposed in return for the privilege of limited liability. The principle of registration and supervision of the rules is widespread, deep-rooted and eminently fair and reasonable. That is the principle that is now sought to be rejected.

Also deriving from the same principle of reciprocity is the prescription of unfair industrial practices. That again is a reasonable and valuable concept—valuable to the individual, to industry and to third parties. Again, it is wholly reasonable and logical that those unfair practices should be justiciable at the suit of those who suffered from them. In the long run, such procedures, fairly and fully tried, would have made a significant contribution had they been given the chalice which they are now denied.

We are also asked to reverse the presumption in regard to the legal enforceability of collective agreements. This was never an irrebuttable presumption under the 1971 Act. It was a presumption that was rebuttable, in a way very simply expressed by the parties. In reversing that position the Government must not be under the misapprehension that they have solved the problems. They must face the position that some procedures, different from and better than the traditional ones, must be devised—and, in particular, procedures for adjustment of differences, the resolution of what is uncertain and the enforcement of what is certain.

There are two basic requisites for any form of agreement, whether personal or corporate—precision in definition of terms and adequate procedures and mechanisms to enforce it. There is no clue in the Bill or in the speeches of Ministers or trade unions as to how these inescapable problems are to be met.

Of course, the Bill abolishes the National Industrial Relations Court. I say "of course", because neither the trade unions nor hon. Members opposite were ever willing to give the court a fair chance. It has been subjected to much criticism, most of it as misconceived in content as, unhappily, it has been strident and unbecoming in tone.

My right hon. Friend the Member for Penrith and the Border referred to the work of the court. Unhappily, much of its valuable work has not been brought to the attention of the public, who are under the impression that the whole life of the court has been taken up in a running conflict with the engineering union. We know that an impressive volume of work has been done by the court—and we have it on record—in the context of cases of unfair dismissal and many other matters in which the court has done its work with distinction and without controversy. This should be remembered today. If we are to part with the court—which we shall presumably do if this Parliament lasts long enough—it is right that we should pay tribute to the good work it has done.

Time permits reference to only one other matter in the Bill before I end with a more general observation. That subject is picketing, and I can be brief on that topic since fortunately the Bill does no more than re-enact existing law. Clause 11 reproduces the substance of Section 134 of the Act in virtually identical language, but we are told that it is not the end of the matter. We are told that further extension of rights and privileges of pickets are to be introduced later. We shall study them to see what they are, but if they contravene the basic principle, as recently reaffirmed in the Broome case, they will be misconceived and may well be mischievous. That principle is clear. A picket may invite a person to stop for the purpose of peaceful persuasion, but he may not stop or detain him against his will. A clear duty would rest upon the House to resist any proposals which, under the guise of legislation for an extension of the rights of some, would legalise the intimidation of others.

I conclude with a word regarding the circumstances and manner in which the law is sought to be altered. Of course, any Government are entitled to ask Parliament to make these sweeping changes. Such a sweeping repeal and such a total reversal is a relatively rare phenomenon in the history of our statute law, but there is nothing constitutionally improper in seeking to do so. In theory, any Government can devote their whole legislative activity to undoing the work of their predecessor. That this does not normally happen is not due to any constitutional inhibition but to a recognition, reflecting the robust good sense of those we represent, of the impracticability of such a course.

There is an inherent right in every citizen to criticise the law and to use every legitimate means to bring about its alteration and reform. But the corollary of this principle is equally important. It is that, while operative, the law must be obeyed and the jurisdiction of the courts to enforce it must be respected. This obligation, no less than the right to criticise, and perhaps reform, is the hallmark of a free and democratic society and the condition of its continuance.

The two principles are linked and each needs the support of the other. Allow, or still worse advocate, contempt and defiance of the law while it exists and in the long run one will jeopardise the structure of a free society in which alone the right of criticism and reform can operate. Weaken one and it will endanger the other. Tamper with the cornerstone and the whole edifice is in peril.

This Bill has been preceded by a campaign in which this distinction has been blurred, in which the law has not only been criticised by defied and set at nought. This is a very unhappy prelude to the Bill. It strongly reinforces our duty to challenge it today, reaffirming by our votes our belief in the rule of law necessary for the exercise of democracy and our support for the principle that no organisation, however powerful, and indeed however well-intentioned, can put itself above the law. That is the issue we shall face in the Division lobbies tonight.

6.46 p.m.

I shall not attempt to take up the remarks of the right hon. and learned Member for Hertfordshire, East (Sir D. Walker-Smith), but I was glad to hear that he had doubts about the 1971 Act. It is perhaps significant that on the Conservative benches so far the debate has been dominated by lawyers and on the Labour side by trade unionists. I speak as a sponsored member of the General and Municipal Workers' Union and former research officer for that union, and I have had first-hand experience of the effects of working under the Act.

Clause 1 of the Bill which repeals the 1971 Act is the most important Clause. The rest of the Bill is important only in so far as it restores the pre-1971 legal position and slightly improves the statutory dismissals procedure. In this sense the Bill is destructive—and no worse for that. We cannot get back to good industrial relations unless the 1971 Act is removed.

Members of the then Conservative Government, who were responsible for the introduction of the 1971 legislation, cannot say that they were not warned about the effects of their legislation. I remember in 1967 meeting the right hon. Member for Carshalton (Mr. Carr) at a meeting, just after the occasion when that right hon. Gentleman, as the then Opposition spokesman on employment, unveiled the Conservatives' proposals on industrial relations, contained in "Fair Deal at Work". I told him that they were largely irrelevant to the realities of industrial relations and were certain to destroy any chance of a good relationship between the Conservative Government and the trade union movement. The right hon. Gentleman was his usual polite and charming self, but took little notice. He took little notice of anybody, even refusing any genuine consultation with the TUC. When the Conservatives won the 1970 election, he piloted his legislation through the House, regardless of arguments. A Fabian pamphlet published early in 1971, as the legislation was going through the House said that

There were two main effects of the Act and they were both exceedingly harmful. First, the Act diverted time, attention and resources away from the main problems of industrial relations. I turn back for a moment to the industrial relations atmosphere of the late 1960s. The Donovan Commission had reported, pointing out that the main thrust of reform must come at shop floor level and that the institutions of collective bargaining had to be here to take account of the realities of shop floor power.

The efforts of the trade unions together with the more enlightened employers had turned to the task of reform. There were many promising signs—changes in disputes procedures to make them more effective, changes in the structure of collective bargaining to bring it closer to the shop floor, changes in the role and status of the shop steward. Donovan recommended all these changes, and all of them were beginning to happen.

Suddenly the position altered. Trade union officials had to spend all their time on the Act and its effects, debating registration, protecting trade union funds, looking at agreements to ensure that they were not legally binding—a complete waste of time—and warning shop stewards of the long and deadly list of unfair industrial practices.

During 1971 and 1972, I remember listening to shop stewards of my union at the union's training college and feeling the uncertainty and even the fear that they had about their position. These were the people who Donovan said were the linchpin of the whole industrial relations system. They were the people whom Donovan said must be relied upon if there was to be reform, yet they were the people who felt most threatened by the 1971 Act.

With the 1971 Industrial Relations Act, our system of industrial relations was set back at least five years. That is the second main charge against the Act. It changed the whole atmosphere. Incompetent employers like Con-Mech used the Act as an authoritarian crutch instead of solving their own problems. Even the more enlightened employers found the going much more difficult.

The rôle of the CIR, then a hopeful innovation, was totally undermined. Up to June 1970. the commission had the good will of all political parties, of employers and of trade unions. It had done good work. The Act gave the CIR powers which were central to its purpose, including the power to produce procedural provisions which could be made legally binding, and these were much resented by the trade unions. As a result, the CIR was totally undermined and discredited, especially at shop floor level, as I know.

If the Act set back relations on the shop floor, it also acted, as we have seen in recent years, as a powerful wedge between the Conservative Government and the TUC. The Government found this to their own disadvantage. When in 1972 the Government changed their economic policy and decided to seek co-operation with the trade unions, they found the Act lying like a pile of stinking fish between them and the trade union movement.

For all those reasons, we are delighted that the Act is to go. Its repeal represents the end of an era. It is an end to the view that the most effective way of dealing with a challenge from below is by imposing from above a system of legal restrictions.

By sweeping away the 1971 Act, I hope that the Bill opens the way to a new approach and to an acceptance of the view that the real problem in industrial relations is that the system has failed to respond to the growing challenge from below. What needs to be done now is to change a largely authoritarian industrial system in which management con- trols the important decisions which affect people's lives, and to change it to make it more democratic. It is in the belief that the Bill is a harbinger of democratic change that I welcome its Second Reading.

6.55 p.m.

In seeking the way forward to better industrial relations, I believe that we need to grasp the speed of change. We need to grasp the nature of change. If we are to remain sane, we need to keep in the forefront of our minds the nature of man, because that alone is constant.

In the whole of recorded history, work and life itself have been for the majority of men unpleasant, unsafe and uncertain. This is the first generation of which that is not true. To anyone brought up in the 1930s, the conditions of today should be the millenium, but it is obvious that they are not and that, if anything, people are less satisfied.

Why is this? I think that it is because, having obtained the material things that they sought—a car, a television set and a washing machine—they have found that their further expectations which are constantly stimulated cannot be easily met in material forms. The way forward lies in trying to meet their higher and social needs, and these centre around job satisfaction and job recognition. This is much more difficult. But our position as a nation competing for ever-scarcer resources and the social tensions which still scar our society demand that we try. This requires new thinking, and there is too little of it in the Bill.

The constituency of Kidderminster, which I have the honour to represent, has a record in industrial relations which compares favourably with the country as a whole. Thanks to the commanding position that it has won and held in the carpet industry, Kidderminster has enjoyed a period of steadily rising prosperity and full employment. For the past eight years it has been represented in this House by a man whose name is synonymous with the industry which has served the constituency and the country so well. Sir Tatton Brinton has given great service to Kidderminster in industry, in local government and at Westminster, and he has set the highest standards for his successor.

This part of Worcestershire was also well served in the past by another former Member and some time Prime Minister whose name was synonymous with another industry which plays an important part in the constituency—steel and engineering. A description by Stanley Baldwin of the family works at Wilden sticks in my mind:

The precondition of consensus is a clear understanding of what each side regards as justice—social and economic justice. Perhaps the quickest way to understanding would be if those involved could change places. Many jobs in production require a skill or a strength not possessed by those who plan their activities. If those who planned their activities could do those jobs I am sure that they would realise, if they do not already, that the men concerned have a right to be consulted about the nature of their jobs and pay, because upon these things depend their livelihoods.

Equally, it is not easy for those on the shop floor to visualise the problems of management. One of the weakest features of the industrial scene is the lack of facilities to teach trades union officers about the wider problems of business. Nor, indeed, is there any agreement about what they should be taught. I wish that the work being carried out at Warwick University could be taken up and pushed forward by every other university.

The difficulties surrounding the development of company planning are enormous. If hon. Members have tried to do it they will know how difficult it is. If justice is to be seen to be done it requires understanding of why decisions are taken about the allocation of resources between the short and the long term, between increasing earnings and creating greater job satisfaction, and between the competing claims of the environment, of the consumer, and of the Government. It also requires a far clearer understanding of the profit motive.

If corporate objectives in large companies are to reflect the best decisions of which their membership is capable, the trade unions must spend more money on education so that their members can play a more informed and constructive role. Their pay and career prospects should be improved and should more clearly equate with those of management.

A few of the brightest graduates appear to many companies to be destructive in their attitude because they do not seem to want to make the system work. If there were a career structure for them in the trades unions which matched their abilities with their ideals, I think that could do nothing but good. If they would discuss matters with management in time I think that we could arrive at that consensus that this country so desperately needs a consensus between both parties about what industry should be seeking to achieve. That, in turn, could lead to what, again, I think everybody in society would like—much less interference by Government.

Returning to Baldwin, nobody ever got the sack. A great deal of trade union thought and action rightly goes into the achievement of greater job security. The Bill retains the advances of the 1971 Act, but much trade union thinking about security is negative. It is dictated by the past and, understandably, concentrates on trying to ensure that a particular person has a right to a particular job, sometimes long after it is clear to any dispassionate observer that the reason for the job has ceased to exist.

The enemy today is not the unscrupulous employer; it is the pace of change. If knowledge doubles every 10 years, then as a society we pay an enormous price for static attitudes. If in the public sector it has become axiomatic that nobody ever gets the sack, there is no doubt that efficiency suffers.

If a fraction of the effort devoted by trades unions to maintaining the status quo were given to retraining and working out with management how the career and job satisfaction of every member of a company or organisation might be developed, we should all be better off.

A revolution in attitude is required—a revolution which grasps the point that it is comparatively easy to meet man's material needs but more difficult to meet his social needs.

Perhaps the greatest enemy to the breakthrough that we need is scale. Baldwin referred to the large companies. His own company is now part of a nationalised industry. The Secretary of State for Social Services—the right hon. Member for Blackburn (Mrs. Castle)—while responsible for the railways, discovered how difficult it was to change attitudes in large organisations. The refusal by the railway unions, following the inquiry by the Tavistock Institute, to accept some responsibility and involvement in planning change showed how great the task was.

Imaginative change is far easier in small than in large companies. That is a reason for encouragement. Unfortunately, the tendency to large-scale organisation has accelerated and tended to dehumanise just as surely as has the assembly line.

One of the gravest objections to the Bill is that while it restates an individual's right against his employer it removes rights previously granted against his union. Trade unions were created for the protection of the individual worker. Trade unions, above all, should believe and argue that man is the measure of all things. That theme should constantly be pressed on management. It ill becomes them, in the light of recent history, to press for the removal of protection previously granted to their members as individuals against misuse of their power.

As the Bill is drafted, the leaders of trade unions will enjoy an extension of power at a time when the majority of people believe them to be too powerful already. The Secretary of State is too good a constitutional historian not to be aware of the over-mighty subject. Some union leaders already possess an absolute power to bring the economy of the country to a halt. This Bill extends those powers. It also gives them virtually absolute power over their members.

Should such power be granted to any man or group of men? To whom are these men to be accountable? Are there men to be found capable of discharging such responsibility? I doubt it. I urge Michael and his friends to think again before rushing in where Michael and his angels would fear to tread.

7.6 p.m.

I congratulate the hon. Member for Kidderminster (Mr. Bulmer) on a thoughtful and stimulating maiden speech. I am sure that he will find the House will listen to him with great interest, although some of his remarks may provide greater provocation in future than today.

The hon. Gentleman talked about higher and social needs. If he refers to the quality of life in this country I am sure that hon. Members on the Government side of the House will be with him.

I note that the hon. Gentleman is associated with a famous firm of cider makers. I recall one incident when the question of the political levy in trade union funds was raised on the Opposition benches. I pointed out that every time I drank my beer, Watney-Mann, without my being able to contract out, was pouring vast funds into the Conservative Party. Two days later—perhaps I had better declare an interest—I received a bottle of cider with a note, "Stop drinking beer and start drinking cider." I understand that the firm concerned pays into the funds of a smaller Opposition party.

I do not wish to detain the House more than a few minutes because I have often spoken on industrial relations. However, I refer the House to speeches that I made in 1971 which are set out in HANSARD and, indeed, to those of my right hon. and hon. Friends who day and night fought the Industrial Relations Bill.

It is said that this is a negative Bill because it repeals, but it can be a positive action to repeal an iniquitous Act and rid the country of the National Industrial Relations Court.

It must be the ultimate in tragic irony today that the Second Reading of the Bill should coincide with the announcement of a strike in the key sector of industry in this country—engineering. That tragedy could have been avoided. It is the direct result of the ineptitude of those responsible for the Industrial Relations Act and the creation of that legal monstrosity, the National Industrial Relations Court, better known in trade union and legal circles as the NIRC. This Bill is an emergency measure. It is a form of first-aid.

I recall the first time that I had the daunting task of speaking from the Opposition Dispatch Box on 19th January 1971. I referred to the disastrous consequences of introducing the rigidity of law enforcement into industrial relations. My hon. Friend the Member for Ormskirk (Mr. Kilroy-Silk), in an excellent speech, made the same point earlier today. Hon. Members opposite who were then in Government were shocked and appalled when some of us who were ourselves members of the legal profession pointed out that

Today is the day of truth and retribution. We were bullied, cajoled and gagged. The Press played up what it called the anti-strike Bill. That Bill was going to cut down the number of days lost in strikes. We all know that notwithstanding that Act—indeed, because of it—we have lost vastly more days in strikes than we otherwise would have done. Everything the then Solicitor-General told us in bland and very superior terms, supported by a distinguished academic knowledge of industrial law and a study of the Taft-Hartley legislation and the Landrum-Griffin amendment in the United States, has turned to ashes and everything that my right hon. and hon. Friends forecast in 1971 has come to pass. Although I know one veteran from that time—the right hon. and learned Member for Hertfordshire, East (Sir D. Walker-Smith)—who is still unrepentant, there is now a general acceptance, if in some places a reluctant one, that that Act was a disaster.

Clause 1 of the Bill is designed to abolish the National Industrial Relations Court, which was constituted by that Act which was hallowed in the sanctity of all those words, amendments and late night sittings.

One gap is that the Employee Protection Bill, which is not yet before the House, must supplement this Bill by a proper and acceptable system of arbitration and conciliation. From a voluntary acceptance of conciliation and arbitration may grow something in the field of collective bargaining which could become statutory, but I believe that it will become acceptable by trade unions only over a period of years.

There is a gap because the Commission for Industrial Relations is to be abolished and during the interval we shall be without body in conciliation. The whole point about this is that the CIR was jeopardised—poisoned—by the injection of the NIRC into industrial relations. Indeed, the NIRC undermined the very existence and purpose of the CIR.

Faced with the legacy of the NIRC, in respect not only of the AUEW but of the Transport and General Workers' Union, which may well be affected very shortly, we are now faced with a problem in industrial relations; because, unhappily, Clauses 1, 17 and others are not retrospective and the court is still able to do a great deal of mischief in industrial relations. Whether it acts out of foolishness or vindictiveness, the fact is that precisely what was warned in the magazine The Engineer has come to pass. That is a journal not of the AUEW but of professional engineers. In 1970 and 1971 the magazine pointed out the danger of allowing employers to take the initiative in the courts rather than it being left to the Registrar. Every warning went unheeded. The people writing the articles in the magazine were well aware of the mischief that could be done by an employer like Con-Mech.

It is often said that we cannot interfere with the decisions of the court. However, we overruled Rookes v. Barnard. The Labour Party came into being because of Taff-Vale. I see no reason why, in Committee, we should not take retrospective powers to deal with all the intolerable decisions of the NIRC.

There is justification for this morally, because that court is now under sentence of death, and, at a time when it is under sentence of death, it has taken the action it has taken with regard to the sequestration of a union's funds. When it decided upon that action the court knew that there was a mandate in the country as a whole for a Government who were pledged to the repeal of the Act and, therefore, the abolition of the court. The latest decision—indeed, the latest action—of the court has come not only after the election, not only after the mandate and the sentence had been passed, but after the First Reading of the Bill. I therefore believe it to have been an objectionable and provocative action which should be dealt with in the Bill by means of retrospective legislation.

Thrashing around in its death agonies the court now threatens to undermine the whole delicate structure of the social compact and the hard-won agreement by my right hon. and hon. Friends with the engineers which has been in direct contrast with what we faced when this Government came to power.

Will not the hon. Gentleman acknowledge that it is the responsibility of the courts constitutionally to take cognisance of statutes, not Bills?

That is the obligation of the courts. It is also the obligation of the courts, as the hon. Gentleman well knows, to take note of such things as public policy and the climate of opinion. He must read his Lord Denning and some of the decisions in the courts. If it applies to ordinary pornography, it should surely apply to the pornography of the NIRC.

It is possible to amend legislation. It is possible for the persons and bodies who have been adversely affected by the NIRC and who have been placed in this position by this court to be placed in the position that they would have been in had the court not come into existence. There is no reason why the decisions of the court should not be overturned retrospectively.

I have never made a personal attack on anyone connected with the court. That is why I have refused to attack Lord Donaldson. I have attacked not the personnel of the court, but the court itself, and what it stands for.

There is one aspect of the Act which we welcomed, with some reservations. I refer to the unfair dismissal provisions. We never reached the amendments on that part of the Industrial Relations Bill. Those who were here at that time will remember how the guillotine operated. My hon. Friend the Member for Doncaster (Mr. Walker) remembers all too well. Some of us marched through the Lobbies on many occasions. The guillotine operated so that we never debated the provisions which we generally welcomed, with some reservations, namely, the provisions about unfair dismissal.

I believe that where legal representation is allowed before a tribunal, whether it be an industrial tribunal or any other administrative tribunal. legal aid should be allowed as well. Where legal aid is not allowed but legal representation is, there must be a bias in favour of those who can pay for legal assistance. I wonder if my right hon. Friend, together with the Lord Chancellor and the Attorney-General, will examine the whole question of setting up an administrative branch of the High Court to hear appeals from the host of administrative tribunals which now proliferate.

The Bill extends that one acceptable feature and we shall be having a Bill to deal with more positive matters of industrial democracy which is what we should be discussing today.

I recall saying in 1971 that the Industrial Relations Act was likely to cause turmoil in industry and do irreparable harm to our largely successful but by no means unblemished system of free collective bargaining. This Bill may well be the greatest contribution to industrial peace in this decade.

7.21 p.m.

I am sure that the hon. Member for Manchester, Blackley (Mr. Rose) will not expect me to endorse with great warmth all that he said. I should like, however, to endorse what he said about my hon. Friend the Member for Kidderminster (Mr. Bulmer), who made a remarkable maiden speech, which was both intelligent and discerning and avoided the ritual note which so often characterises debates on this subject.

The Secretary of State's speech was distinguished by three features—two remarkable and the third regrettable. It was of inordinate length and it made hardly a reference to the contents of the Bill. The regrettable feature was what he felt obliged to say about Sir John Donaldson, using the phrase, "some fool or trigger-happy judicial figure". It does not matter so much what back-benchers say, but it does matter what Ministers say. Do the Government endorse the right hon. Gentleman's remarks as usual language for a Minister of the Crown? Are his sentiments widely shared in the Government—the Prime Minister was at his side at the time—and is this the general standard of courtesy to be expected by servants of the Crown who have no chance to reply?

Those who have been involved in securing the peace of our industry on both sides have over many years had a meagre reward for their efforts and a very small harvest to show. In 1950, 1·4 million man days were lost through strikes. The figure had increased by 1960 to 3 million, by 1969 to 8 million, by 1970 to 11 million and by 1972 to 24 million. There was a welcome decline last year to 8 million. It is hard to say who has gained from this increase, but it is painfully easy to see who has lost.

Moreover, as Sir Leonard Neal has said, "Not only has the scale of disputation increased, but it has been coupled with a new kind of nastiness". Recently, sick people have been directly affected by strikes, and picketing has undoubtedly become much more hostile. The totally unwelcome growth both in the number of disputes and in their rancour has, somewhat surprisingly, come at a time of increasing affluence and during a period which has seen the steady removal of the grievances and blemishes upon our society.

That phenomenon is explained by two things: first, that appetities have grown faster than either our capacity to produce or the effort which we are ready to deploy and second, by the strange phenomenon of the weakness of the moderates, who are, I am sure, almost always in the overwhelming majority but who nevertheless find themselves dragged behind the chariot wheels of the militants. The words of the present Prime Minister some years ago about a tightly-knit group of politically motivated people still apply today. Those people are like maggots eating away at our society; they are as dedicated and destructive.

The record of our industrial relations cannot be a source of pleasure or pride to any who care for our country or about what would happen if things really went off the rails. There are some who regard violence as a kind of necessary cleansing for society, but I believe that few in practice would relish such an affair. They would find it rather more of a mangle than a dip and they would also find that recovery from the process, if it ever came, would be both slow and partial.

If those engaged on both sides of industry have little success to show and little claim to glory, we in this House are the last who should criticise. Governments on the whole have been weak and Parliament has thoroughly pussy-footed on the subject. Only too often one has heard the statement, "I do not want to sary anything which would exacerbate the situation." So we have dodged the issue again and again.

The sacred cow of free collective bargaining has been allowed to go on munching its rather bogus cud. I say "bogus" because the process has been free only in the most limited sense, collective hardly at all—no one in his senses would apply the term "collective" to a process which has often consisted of leap-frogging and the term "bargaining" is misplaced for a process too often backed by the strike weapon, which was described by Sidney Webb as the "arbitrament of war".

Nor do I believe that the lower paid have gained from free collective bargaining. I do not believe that the dustman greatly rejoices in the triumph of the well-muscled special case or that the nurse relishes the continued draught of crocodile tears which is served up to her.

We are now in an odd situation. A Tory Government believing in market forces imposed controls and resorted to the cobweb of relativities, inviting a terrible Nemesis in the long run, that of the Pay Board's devastating intervention, which appeared to be designed to suggest that the Government had got all their figures wrong. Now we have a Labour Government believing in controls but opting in this respect for market forces. On the rickety foundations of what they refer to as the social compact, they set the stage for a free for all.

No one needs to be reminded of the imperfections and blemishes which affect every solution of these terrible problems. But the consequences of our failure to find a middle way will be appalling. Unless we are able, somehow, to reconcile what will look to many people like an intrusion upon personal liberty, in the modification of the right to strike, with the preservation of the safety of the community, then we face very great dangers indeed.

I cannot help feeling that it is quite wrong that we do not look far more energetically at the possibility of arbitration being made both compulsory and binding, at least on those matters which do not concern wages. I think that I am right in saying—the Minister will correct me if I am wrong—that of last year's disputes, half at least related to the interpretation and operation of existing agreements and did not touch upon wages at all. Arbitration on such matters is binding in the United States. I believe that it is binding in the electrical contracting industry here. I see no reason why that should not be extended.

Then there is the question of essential services. If we intend to fight things out to the bitter end and to deny the community a supply of electricity, for instance, if we are to countenance a state of affairs in which that can be done, indeed we are inviting for the whole of our community—trade unionists, employers, and the lot—a total disaster.

I believe this Bill to be a thoroughly lopsided measure. It makes one reflect that the document "In Place of Strife" is a very distant memory. For myself, I am not, with hindsight, prepared to mourn very deeply over the passing of the 1971 Act, which suffered from the defects of length and complexity and the fact that it attempted to do far too much. But by this Bill the present Government have over-reacted. They are freeing the unions from irksome restrictions, but they are doing nothing at all to give the trade union movement strength where it most needs it—to control the militants.

In addressing myself to this Bill, which deals with a very complicated problem, I ask whether there is any overriding reason why the trade union movement alone should be above the law. A second question is whether there is any reason why other people, including individual members of trade unions, should have their own rights frittered away and eroded. The answer to both of those questions is an emphatic "No". I recall that the Prime Minister described the 1971 Act as a militants' charter. I very much regret to say that I believe that we in this House, on whichever side we sit, will come to regard this Bill as something far more serious than a militants' charter. It is a real primrose path to destruction.

7.35 p.m.

I am delighted to walk down that primrose path, although I do not think that it is a primrose path to destruction. As I elaborate the points of my speech the right hon. Member for Yeovil (Mr. Peyton) may see why I differ from him in my views.

In a very notable maiden speech earlier today, the hon. Member for Cleveland and Whitby (Mr. Brittan) said that the 1971 Act had principles of enduring validity. If and when, tomorrow morning, we receive HANSARD for today and read the speech of the right hon. Member for Penrith and The Border (Mr. Whitelaw), we shall search almost in vain for a defence of the enduring validity of certain principles entrenched in the 1971 Act. He had not a great deal to say on the cooling-off period or the compulsory ballot. Perhaps he listened to Lawrence Daly on that one.

The right hon. Gentleman touched on the very central issue of registration, but did not seem aware of the irony of the fact that, while he gave an impeccable lecture on the responsibilities of institutional organisations, he and the rest of the Conservative Cabinet were delighted to bring those unregistered organisations of workers to Downing Street week after week, and day after day on occasions, although they were unregistered organisations.

We did not hear very much about the rôle of the National Industrial Relations Court. We were all hoping that the door would open and that in this Chamber we should hear the secrets of how the Official Solicitor sprang the lads out of Pentonville. I was sorry that one of the right hon. and learned Members did not elaborate on that episode of British legal history. I am certainly not a lawyer, but even my untutored legal mind had a question mark against the legality of the Official Solicitor springing the lads from Pentonville and their remaining outside the prison. It struck me as passing strange that that was allowed to happen, and that we did not have applications under Standing Order No. 9 when the Conservatives were in Government to the effect that someone was tampering with the law of the land. They were so relieved that the Official Solicitor had somehow got the men out and that industry would get back to work.

There was nothing in the right hon. Gentleman's speech to give us any reason why the Conservatives at one time believed that the 1971 Act would produce a reduction in industrial disputes and would be an effective curb on the militants—so-called—in the trade union movement. We did not hear much about the necessity for the presumption in law of legally binding agreements.

I draw the attention of the House to the contrasts between 1971 and 1974. I ask the House to note how the climate in the House and the country has changed so dramatically. In 1971 the Conservative Government were charged with the belief that they were on the right course in industrial relations. They were exultant at the prospect of impaling the trade union movement on the hook of registration. It is registration that lies at the centre of the 1971 Act. They were exultant at the idea of putting us within not a framework but a straitjacket of law. They saw it as one of the legal means whereby they could sort out the militants in industrial society whom they believed were leading the docile workers astray. The right hon. Member for Yeovil will know what I mean when I refer to the railways dispute, in which the compulsory ballot procedure was employed. Lo and behold, we discovered that it was not Sidney Greene the militant leading the men astray but that the ordinary railwaymen had a point of view.

I want to draw attention to the change of climate in the House. There was a great deal of heat and passion on both sides. Heat was generated to a most unusual degree. At one time there was a demonstration on the Floor of the House, which was seen by Mr. Speaker. There was a second demonstration, which Mr. Speaker, for some reason, did not see so the Act progressed a little further. So heated did things become in the Chamber that at a very late hour the Labour Party sang two songs one after another. One was, "We shall overcome" and the other was, "The Red Flag". I did not join in because the thought struck me that some of those singing "The Red Flag" might be the first to collapse if it were ever run up a flagpole. As the parties fought over the Bill the country was agog at what was happening in the House. Outside there were demonstrations and marches.

Contrast the situation in 1971 with the situation today. The Labour movement has not changed. We still loath and detest the Act and we regard today as one of the finest in the history of the British trade union movement. The Conservative Party has changed. It is beginning to understand that one of its major policy planks of 1970 is not now worth supporting. We can test its sincerity at 10 o'clock tonight. I understand that the Tories have a Three-line Whip—or is it a 2½-line Whip, with a hint and a wink by their Chief Whip for some of his hon. Friends not to come in?

In 1970 the Conservative Party had four pillars to its policy. They were nonintervention in industry, a reduction in public expenditure, entry into the Common Market and the Industrial Relations Bill. The Conservatives themselves demolished the non-intervention and public expenditure pillars. The policy of the Common Market is being steadily demolished by the British people and the Labour Government. The final policy is being demolished by the Labour Government tonight. I do not think that the Opposition will put every available MP into the Lobby tonight. The only true reaction from the Tory Party has been one of quiet despair. There has been no storm in the Chamber or outside.

I asked my right hon. Friend the Secretary of State last week how many employers had written to him urging him not to repeal the Industrial Relations Act. The answer was one, and I do not think that that was Con-Mech. So there has been no vehement counter-attack. There has been no great counter attack, and no one is going to the parliamentary barricades for the Act. The only significant defence of the Act has come from lawyers on the Opposition benches.

We shall come to debate outside interests in due course. I have heard that it is good for hon. Members to retain their outside interests because in that way they bring a wider experience into the Chamber. There are Conservatives with industrial links, but where have they been this afternoon? They have certainly not been here telling us not to repeal the 1971 Act. Their absence from the Chamber is a significant indication that industry, no less than the TUC, wants the Act repealed. At one time this afternoon the Conservative benches tended to adopt the attitude about the NIRC and Sir John Donaldson that the Labour benches adopted over the Act in 1971. I believe they took that attitude because they needed something with which to lash themselves into a fury. Far better to lash themselves into a fury over that than to do so about the principle of repeal of the Act. They did not dare go too far, because if they got too hot and bothered more of them might go through the Lobby to vote, thus undermining the tactics of the Opposition Chief Whip.

The Conservatives know that their Act is wrong and they and the public will breathe an audible sign of relief when it is wiped from the statute book. I am a member of the Transport and General Workers' Union and the Fire Brigade Union and I know that the unions will welcome the repeal, for obvious reasons. It will allow us to start again from the immediate post-Donovan situation. One of the tragedies of "In Place of Strife" and the Industrial Relations Bill was that they stopped dead in its tracks the constructive dialogue inside the trade union movement about the things that were wrong with it, and the constructive dialogue between the TUC and the CBI on how to arrive at voluntary conciliation and arbitration machinery.

The trade unions were the first to respond to the Donovan Commission Report. They held six conferences of their affiliated members to examine constructively the criticisms of the trade union movement. They produce a booklet called "Action on Donovan", which was an excellent booklet and which hon. Members should have read long before the 1971 Act. Before that dialogue could develop constructively, we were presented with "In Place of Strife", to be followed by the 1971 Act, and the trade union movement found itself under fierce attack, with its very existence threatened. That will not be the case in the future.

One of the reasons for the bitterness in the arguments about "In Place of Strife" and the 1971 Act was that we knew that we were being singled out as scapegoats for the problems that afflicted the British economy. We know that it was absurd and untrue to suggest that we were responsible, and we bitterly resented the efforts made in the Act to tilt the balance of power in, industrial society against the working people, who are already far too vulnerable and have far too little of that power.

The battles have been fought by the trade union movement, and I believe that those battles have been won. The unions will welcome the Bill as an essential feature of clearing major obstacles out of the path to an improvement in industrial relations. If a permanent improvement is to be made we have to be realistic. We are talking about improving industrial relations in a capitalist society and it is only when we move measurably towards a Socialist society, with first an equalisation of power and then the power tilting finally to the working class, that we will eradicate a lot of our industrial relations problems.

7.48 p.m.

I listened with interest to the hon. Member for South Ayrshire (Mr. Sillars). I can understand his feelings about the Bill and about today. I assure him that there is no need for him to concern himself about the tactics of the Opposition. The Liberal Party will be voting with the Government tonight. Possibly if we had kept it quiet that we would take that course so that the Conservatives could not be certain whether we would vote with the Government, we might not have had the amendment on the Order Paper. Once the Opposition were sure that they would not defeat the Government, they were prepared to put down an amendment and go into the Lobby.

Industrial relations is one of the most important and sensitive areas of our national life. It is, perhaps regretfully, a matter of party political concern. There are those who believe that industrial relations would be better left directly to those concerned with them, that is to say the trade union movement and the employers. I do not entirely subscribe to that view. Much of what happens in industry concerns the life of the whole community, and to that extent it is a matter of concern for the whole community. If that is accepted, then clearly it is a matter that needs to be discussed. Where necessary legislation should be introduced that represents the majority view of the British people. Certainly industrial relations legislation is best kept to the minimum, but the necessity for some such legislation clearly exists.

That is my view and my party's view on picketing law. We believe that the law should clearly state that picketing is legal, but that it is better to keep the legal framework at a minimum. In most cases good common sense prevails when picketing takes place, and we believe that mostly picketing is carried out in a fair, proper but none the less effective manner.

It is interesting to look back on the debates of 1971 when the Act that the Bill now seeks to repeal became law. At that time I was not a Member, but I have read the debates of that time. Some hon. Members took the view that any legislation on industrial relations was not on. Since then it seems that some hon. Members have been converted to the view that legislation is now on. Possibly that is because in the days when they were opposing the 1971 legislation they were in opposition. It is not a new or uncommon experience for the views of some hon. Members to be shaped according to which side of the House they occupy at the time they express them.

The right hon. Gentleman's views have changed, too.

Perhaps I might refer to the view that was adopted by my colleagues. The Liberals voted for the Second Reading of the Industrial Relations Bill. In doing so they made it clear that they required certain amendments to be made. Those amendments were not forthcoming in Committee. Therefore, my colleagues voted against the Third Reading. Whatever may be said to the contrary, I can see nothing illogical, strange or unreasonable in that. It is not unusual for Bills to have a Second Reading so that they can be discussed in Committee. That is why we are giving this Bill a Second Reading. If Bills are then not altered in Committee one is clearly entitled at the next stage to say, "I am voting against the Bill." I see nothing illogical in that.

My colleagues and I take the same view now that was taken in 1971. We then believed that a framework of legislation for industrial relations and industrial democracy was necessary. However, as the Industrial Relations Act emerged we could not support its framework. For the same reason I and my colleagues will be supporting this Bill. We believe that the liberty of individual workers, of collective groups and of trade union branches must be protected by law. So, too, should the employer be protected against a small minority of people who seek not to improve but to destroy industrial relations. They are a small minority, but they exist.

The majority of trade unionists, and certainly the majority of shop stewards, are law-abiding citizens. They, too, are entitled to be protected by the law. That is why I and my colleagues see the Bill not as an end in itself but as a first step in legislation for industrial democracy. There can be little doubt that, whatever the Industrial Relations Act was designed to achieve, it failed dismally. Any legislation that is designed to deal with industrial relations must be broadly acceptable to both sides of industry. The Industrial Relations Act was clearly not acceptable to the majority of the trade union movement. It was therefore doomed to failure before it reached the statute book.

We shall vote against the facile amendment tabled by the Opposition. Their record on industrial relations is poor. I doubt whether the Opposition have ever understood the trade union movement and I doubt whether they ever will. Certainly there are sections of the 1971 Act that even they came to realise were dangerous, unworkable and of positive harm to industrial relations. Democratic societies must be based on the will and consent of the people. No law can work if it does not have the consent of the majority of those whom the Government seek to govern.

The Industrial Relations Act 1971 never had the consent of the majority of the trade union movement. That is why we shall vote for its repeal. We welcome the abolition of the National Industrial Relations Court. Any tears shed over its passing, from whatever source, must inevitably be crocodile tears.

We welcome the retention of the unfair dismissals procedure. In an early appeal in the present Parliament I asked for the retention of that procedure. I am delighted that the Secretary of State for Employment has seen fit to retain it. Indeed, he has retained more than one section of the 1971 Act, despite the fact that in 1971 at least one hon. Member saw nothing good about the Act. We welcome the improvements that have been made to the sections dealing with unfair dismissals. I very much hope that later in the year, as we have been promised by the Secretary of State, there will be a Bill dealing with the comprehensive protection of employees.

I have mentioned that Liberals are concerned about the liberty of the individual. It will not surprise the House to know that we welcome the fact that at the moment a man or woman, on religious grounds, can refuse to join a trade union. We should like to see an extension of that conscience clause. We have never been happy about the closed shop principle but we accept it as being unavoidable in some instances. We are certainly not happy about the prospect of a pre-entry closed shop. Such a system gives the trade union movement and individual trade unions unrestricted control of entry to certain crafts and trades. That is an issue to which we shall wish to return in future. We believe that Clause 14 is wise. The sections of the Industrial Relations Act on collective agreements were impracticable and unenforceable. Clause 14 puts that to right.

None the less, despite what I have said thus far, there are clauses on which we have reservations. Some hon. Members, including Labour Members, have expressed deep concern about the wholesale sacking of the CIR. We Liberals want to be associated with that expression of concern. The CIR has done some first-class work. I am sure that every fair-minded Member would want to pay tribute to the excellent work done by Sir Leonard Neal and his colleagues and staff. It is, in our view, a tragedy that their work is to cease and that the expertise which they have built up over the last five years should be so callously and lightly ditched.

The CIR was set up by the Labour Government in 1969 and it originally had nothing to do with the Industrial Relations Act. It is ridiculous that it should have been tarred with the same brush as the NIRC. It has done a first-class job, especially in respect of procedure and recognition agreements. I hope, as do other hon. Members, that the Secretary of State will yet find a way of saving the CIR and using it to good purpose. Certainly it appears that the conciliation and arbitration service as proposed will be heavily overloaded, and one would have that thought that the CIR could continue to have a definitive rôle to play in things such as procedure and recognition agreements. I, too, regret the passing of the code of practice. Again, the CIR should and could continue to play a vital rôle in that respect.

I also criticise the fact that the High Court is to become the forum for outstanding industrial tribunal cases. I realise the Secretary of State's dilemma. He had to put them somewhere. But the High Court is already overloaded with cases, and there is a danger that further overloading could lead to inadequate consideration, and in any case many industrial cases require to be settled not merely on an issue of law but on other issues which are more relevant to industrial practice. I am sure that the hon. Member for Bolsover (Mr. Skinner) will agree with me that it is debatable whether lawyers are the best people to determine good industrial relations and good industrial practice. We should like to see a special appeals tribunal established to deal with tribunal cases which are outstanding, and if they need to go further than that, the cases could go direct to the Court of Appeal.

All in all, this Bill is merely righting a wrong. What we want to see is a Bill designed to transform industrial relations. The Liberal Party looks forward in the future to more radical measures—measures which will lead to a radical approach to industrial democracy. Without that, the Bill will be mere window dressing.

We believe in worker participation; we want to see employees with the same rights as shareholders; we want to see workers involved in company policy; we want to see workers making decisions; we want to see profit sharing legally enforceable; we want to see real protection of employees by law.

We shall not rest and we shall not be satisfied until these things have been achieved. The social climate is desperately in need of repair, but in our view it can be done only by social justice and genuine democracy. It is on these two issues that we shall judge the Government's performance. Is social justice coming nearer, and are genuine attempts being made to involve people in running their own lives? This Bill is but a start. It is a reasonable start, and that is why we shall support it.

Order. Speeches are getting longer again, and there is still a full list of hon. Members who want to take part in the debate.

8.5 p.m.

The House will understand if I do not follow the line pursued by the hon. Member for Rochdale (Mr. Smith), who has demonstrated once again, during an excessively long and in some places tedious address, the remarkable propensity of both himself and the Liberal Party for conversion. I want to deal with but one small issue of what he said. It has been mentioned several times in the debate. I refer to the lament for the code of practice and its burial.

The code has never had any legal position within the framework of the Act. Its legal status is exactly the same now as it would have been had the Act continued without change or amendment. It is a consultative reference. Anyone who wants copies of it can still use it. It still has some degree of authority—as much as it ever had before.

We have heard a great deal about the need for a framework of law in industrial relations. Since the need for a framework of law began to be spoken about, all that has been produced is an ever-worsening picture of industrial relations. This is shown by even a superficial examination of the strike statistics, which show the rise in the annual average of industrial disputes from about 2½ million lost working days in the mid-1960s. Every year since Governments of both political complexions began to look to the Donovan Report, the situation has become worse. In 1969, when the Labour Government started looking to the Donovan Report, we lost 6 million working days by strikes; in 1970, the figure was up to 10 million; in 1971, it rose to 13 million, and in 1972 to 23 million. Each year produced a worse picture than the previous year for industrial disputes—the worst situation since the General Strike of 1926. So much for the framework of law. If a framework of law could restore the 1965 situation, when the Donovan Commission was appointed to examine our industrial relations, politicians would be claiming a triumph.

The framework of law has provided no solution. As my hon. Friend the Member for Chester-le-Street (Mr. Radice) said. it was misconceived, and directed at the wrong problems—some of it for the wrong reasons. For example, we heard from the right hon. Member for Carshalton (Mr. Carr) about the pillars of wisdom when he was so insistent in defence of registration.

It was within the framework of law that the trade unions exercised their option not to register. The process of not registering under the Act was in no way challenging the law itself, because the law conferred that choice upon the trade unions. There is. Therefore, no cause for grievance that the trade unions decided in the main to exercise their right, conferred by law, not to register under the Act. Yet it is passing strange, when the right hon. Gentleman talks about registration as being a pillar of the legislation, that in other areas the Conservative Government, having created that pillar, were running to the TUC, which, by definition, because of its actions, was a body of non-registered unions, that Government being prepared to consult the TUC only, and consistently refusing to consult the 20 unions which had chained themselves to the pillar of registration. These are some of the issues which need studying carefully.

I turn now to another aspect, about which the right hon. Member for Penrith and The Border (Mr. Whitelaw) spoke earlier—rights. The right hon. Gentleman talked glibly about the right to join or not to join a union, as though this was somehow a balanced equation. It sounds, when said quickly and superficially, to be a great and balanced state of affairs—people are given the right to join and the right not to join. But the right hon. Gentleman did not explain to the House that the right to join was a right limited to the right to join a registered trade union and that the right not to join was a right not to join either a registered union or an unregistered organisation of workers. What kind of right or equality is that, in the sense in which it was being put across by the right hon. Gentleman?

The right not to join was a right not to join a registered or unregistered organisation. In consequence of that the closed shop was unlawful. I remind the Opposition of the findings of the Donovan Commission in relation to the closed shop. The Opposition have become very neurotic about the closed shop question in their discussions. The Donovan Commission said that the possibility of the prohibition of the closed shop was rejected. But despite that the then Solicitor-General trapsed up and down the country talking about an Industrial Relations Act based fairly and squarely on the Donovan Commission's Report. The Opposition abolished the closed shop, despite the view of Donovan that the possibility of prohibition of the closed shop should be rejected.

We have heard nothing this afternoon about the abortive idea of an agency shop. We have heard much from Opposition hon. Members about the need for rights and responsibilities, yet their reaction to the closed shop was to produce the idea of an agency shop which institutionalised the opportunities for working people to have power, in the hands of the trade unions, as well as the individual opting out of the decision-making process of trade unions by such mechanisms as paying money to a union without being a member of it, or paying money to a charity without being a union member.

I turn to the attitude reflected by the right hon. Member for Carshalton, when he was Secretary of State for Employment. At the Institute of Group Relations and Collective Bargaining in New York, in 1971, when he was involved in forcing the framework of law upon us, he made a speech the like of which we did not hear in this country; it was only for consumption by the Americans. He told the Americans that he wanted to correct an impression of Britain as a strike-mad country, and said that in large areas of British industry relations were peaceful and happy. There may have been a happy state of affairs in 1971, but the Industrial Relations Act quickly brought that to an end.

Since 1971 the hitherto peaceful and healthy areas of industrial relations have been brought into conflict with greater rapidity than ever before, involving workers who have never been in dispute, such as gas workers, local authority workers, post office workers and health service ancillary workers. By a combination of the constraints of the Industrial Relations Act and the statutory incomes policy, from a Government which had come to office on the promise that they would not have one, our system of industrial relations was worsened. Each of the years 1970, 1971 and 1972 produced worse figures for industrial disputes than any year since the General Strike of 1926.

In the debate there has been much talk about the power of the unions—omnipotent unions exercising a monopoly power against the best interests of the country—

I draw to the hon. Gentleman's attention a headline in the Evening News:

"Scanlon Orders: Stop Britain Now".

Is this an answer?

If the hon. Gentleman knew the first thing about the system of industrial relations in this country he would realise that the voting powers inside the AUEW national executive are such that the president of the union does not vote unless there is a split decision. I declare a past interest here. I used to be head of the research department of that august body, although I was not a member of it. If the hon. Gentleman's capacity to read the newspaper goes further than the headline he will see how the voting was broken down, and how Mr. Scanlon used his vote as a casting vote after a three-three decision inside the executive. It is irrelevant to talk in terms of Scanlon's power. There is a democratic process of decision making inside trade unions.

The real problem in many parts of British industry is that there are trade unions which are far too weak. In the second half of the twentieth century we still have 3½ million workers whose collective bargaining is so weak or badly organised that they have to depend on the wages council system——

Does not my hon. Friend agree that the fact that the wages council inspectorate last year collected £300,000 in wages which were not paid by employers is sufficient evidence of the further weakening of trade unions, even within the wages council system? The inspectorate had to collect wages which the employers had not paid.

I am grateful for my hon. Friend's intervention, which underlines my point. In many other areas, apart from the wages council, there are repeated indications that the trade union system in this country is based on far too weak a power. I have in mind bodies which are not usually well disposed to the trade union movement. A recent analysis in Management Today referred to a look at the Swedish system of industrial relations and the conclusion in the magazine was that in this country the system of industrial relations was based on weak trade union organisation and that there was not enough power from the trade unions.

We want to strengthen the position of trade unions by giving people the statutory right to join a trade union and participate in its activities.

I am critical of the part of the Bill referring to the idea that the proposals for unfair dismissal in the Industrial Relations Act were sufficiently satisfactory and that they should be left, apart from perhaps minor amendments dealing with, among other things, the amount paid to unfairly dismissed persons. It is wrong to regard this as a satisfactory formula. In the Industrial Relations Act there were far too many arbitrary exclusions of people from access to industrial tribunals.

I do not agree with any suggestion that we should change from two years in employment to one year the period in which it is not possible for a person to go to an industrial tribunal. The idea that in the first year of employment a person is denied access to an industrial tribunal to pursue a claim for unfair dismissal is too arbitrary to be acceptable, as is the exclusion of part-time employees from the right of access to a tribunal. It could be that a person had been in employment for 40 years but happened to be working for less than 21 hours a week. Indeed, many people in many jobs fall into this category, and because they are part-time workers they will be denied access to the tribunal to press their claims regarding unfair dismissal. It is not only arbitrary; it is grossly discriminatory against the interests of many working women who, by the nature of their other commitments to the household, are forced to be working in those part-time conditions.

Equally, there is the arbitrary exclusion of employees in very small firms. I hope that we shall have the opportunity to look in much more detail at the question of unfair dismissals and the number of people who cannot gain access to industrial tribunals.

I am not very happy about the basis of the compensation fund for unfair dismissals, which is being increased by another £10 a week for two years. That does not change the problem. The real problem with unfair dismissal is that we are basing the concept of compensation on a person's actual or anticipated future loss. I believe that in the loss of a job unfairly compensation should be awarded on the basis of a property right as well as on the basis of loss of future income, actual or anticipated. The basis of compensation needs to be examined in much more detail.

Guidelines for what is normal in the context of fair or unfair dismissal arising from the 1971 Act would be found, upon examination, to be totally unacceptable to many people. There needs to be much greater clarity in the concept of fair and unfair dismissal. Guidelines including such vague phrases as, "some other substantial cause which justifies dismissal" are far too vague to be industrially acceptable.

I refer now to the speech of the right hon. and learned Member for Hertfordshire, East (Sir D. Walker-Smith) who made great play, as many lawyers seem to do, about what he considered to be the corresponding balance between rights and responsibilities. We were subjected to a somewhat lengthy lecture about what the rights of trade unions ought to be, or what the rights of trade unions actually are, and what their corresponding responsibilities ought to be.

The right hon. and learned Gentleman kept talking about Section 5 rights. The difference between the right hon. and learned Gentleman and myself and many of my right hon. and hon. Friends is that we are not convinced that Section 5 gave us rights that we wanted in the first place. Rights are given to us, and we are told that they are our rights. They are not rights which we particularly wanted. We do not want the right not to belong to a trade union. We are told of the rights we have received, and then the things we ought to accept are laid down in consequence of our accepting rights that we did not want in the first place. What kind of right is that? We do not accept it.

When the right hon. and learned Gentleman is lecturing the House about rights and responsibilities I suggest that he does not begin and end with trade unions. All kinds of other people in our community accept rights—people engaged in speculation and people who buy privilege through education. I should like to hear one or two of them being lectured about their corresponding responsibilities to society. I look forward to the repeal of the Industrial Relations Act and the creation of a climate in which our industrial relations can recover from the damage caused by the last five years.

8.25 p.m.

Next time the hon. Member for Meriden (Mr. Tomlinson) lectures the House about the length of speeches perhaps he will put the clock on himself for a start and reflect that he, too, could have made his points a great deal more quickly.

We are discussing this important subject in circumstances which are both tragic and ironic. I hope that we shall see some recognition of this tragedy and irony from the Minister who is to reply. I hope it will be realised that this is a serious matter, not one for flippancy and cynicism. I intervene for three reasons, the first of which I hope the House will accept is valid in itself.

The dispute from which this tragedy stems originates with a dispute in a firm in my constituency, Con-Mech of Woking. It may interest the House to know that this dispute, which antedates the General Election, has caused no particular local excitement. It was not an issue in the General Election. It was not mentioned by the Labour candidate in any speech in the election. It was not put to me in any questions during the campaign. For the people in my constituency it is an issue to which they have a simple and straightforward attitude.

They see that the remedy for the position into which the union has put itself has always lain in its own hands. There has never been anything to prevent the union from acknowledging the existence of a competent court. It has brought upon itself a penalty which it knew full well it would bring upon itself. If the Secretary of State for Employment is away slapping the wrist of someone or trying to cajole them into being good boys for a little longer, then I have to say that nothing which happens now alters my opinion and that of my hon. Friends, and I believe the majority in the country, that flouting a court is not something which can be excused just because it happens to be a big powerful union doing it, a union which can make life bloody for a lot of people.

I do not think it is likely that events will shift the country from this view. There is no mandate on the union side for their attitude and there is no mandate in the Government's hands for surrender on this issue. They are a minority Government and it might be as well if they were to put national interests before their own party considerations.

My second point is that I have listened to most of the debate and have been struck by the absence of any recognition, except in the speech of my right hon. Friend the Member for Yeovil (Mr. Peyton), of the fact that there are two very different situations in industrial relations today. There are the blokes who are working for the employer who can go bankrupt and there are the blokes who are working for an employer who cannot go bankrupt. There are people in private industry and commerce and there are people working for the nationalised industries.

Industrial relationships in that latter sector of the economy are different from those prevailing elsewhere. They might even be so different as to require a different code of conduct, a different framework of legislation. Certainly it needs a different degree of understanding when we come to discuss these matters. All too often there is a confusion in our minds in the way in which we approach this matter. I bitterly lament the fact that this House's Select Committee on Nationalised Industries has lost so much of its influence and standing. There is in public ownership, working on the public's behalf, serving the public's interests, an enormous sector of British industry—the "commanding heights of the economy". We in this House exercise practically no influence over the day-to-day management of those industries and we have very little knowledge indeed of the circumstances which prevail within them.

This is wrong. The time is close at hand when we should seek to put that right. It is all very well for the hon. Member for Rochdale (Mr. Cyril Smith) to prate on about industrial democracy and participation and so on. It has to be recognised that in the nationalised sector of British industry, unless this House is to give up its right to control the expenditure of public money, there is a strict limit as to the extent to which worker participation can play a part, whatever private industry may decide to evolve as the best solution in its own case.

And so, given that industrial relations in the nationalised industries are not good and should be improved, it is incumbent upon the Government to concentrate their attention there, and to leave private industry, which perfectly well understands the need for good industrial relations, to get on with its own task in its own way.

My third comment can equally briefly be put, although I suspect that it may not be any easier for hon. Gentlemen on the Government benches to understand than was that which I have just sought to make. In the balance of information available to the House as it approaches legislation on industrial relations there is over-representation on the trade union side. There are too many hon. Members who have taken the trade union official path to the House of Commons. There are not enough people in the House with first-hand experience of decision taking in the management of private British industry. I say that with no interest to declare other than as a moderate shareholder, whose principal concern is to see the Government out of office so that industry can recover the prosperity and stability which this incompetent Chancellor of the Exchequer is so busily denying.

When we approach a matter of this kind, we need to have in our midst as many people with first-hand experience as we can muster. With great respect to hon. Gentlemen opposite, I do not think that researchers, dons, journalists or lecturers have anything like as much to offer as have the people who know what a decision looks like, and who know when they take it that they will be responsible for the consequences. Indeed, there are times, listening to Government supporters, when I know what Sydney Smith meant when he said of a bishop whom he hated that he wished to see him preached to death by wild curates.

I hope that I have honoured my promise to be short. I wish the time to come when in the House we can speak of profits as if they were not evil, when we can speak of management as if it were for the public good, as indeed it generally is, when we can see that there is more than the trade union side to the questions that concern us, when we can say that all those who come here seeking, as they should, to contribute to the best interests of the nation do so not out of bias but out of a genuine bipartisan interest, and when we can find in industrial relations the stability that will come only if some of the wild men on the Government side will recognise that there may be more than one way of approaching this great national problem.

8.31 p.m.

I understand that you have requested brevity, Mr. Speaker, and I will attempt to cover a lot of ground in a short space of time. In the last few hours a lot of material has emanated from the Opposition benches to which I should reply, but that would take a considerable time.

While welcoming the Bill, it is necessary for us to recall some of the events of the past few years. We must admit that the shadow that exists over the Bill vis-à-vis the National Industrial Relations Court and the AUEW would not have appeared had not the previous Labour Government toyed with the idea of legislation on industrial relations and put before us "In Place of Strife". Once that process was begun the events of today became inevitable. It is necessary for some of us who are clapping our hands and welcoming the Bill to remind the Government Front Bench of what took place and to pose some questions on the Government's actions.

Great as is my admiration for my right hon. Friend the Secretary of State for Employment, I am not convinced by his argument that it has not been possible since 6th March to bring in a short Bill which would have prevented the events which tonight dominate the front page of the Evening News. The lapse time has enabled precisely that event to occur.

The right hon. Member for Yeovil (Mr. Peyton), a man of great learning, spoke about the law and violence. I was reminded of my class background, which is so different from his. In my lifetime the Tory Party has done nothing but commit violence to the class I represent. The history of British society contains chapter after chapter about the nature of capitalism.

Let us remind ourselves what that is. Capitalism necessarily means the control in private hands of productive forces. As long as those productive forces remain in private hands, those private hands will seek labour to make those productive forces profitable in our society. They buy that labour in a situation whereby the more effectively they control it, the cheaper its price will be. That is what industrial relations in Britain today are all about. They envisage purchasing labour as cheaply as possible to protect profits within a capitalist society.

The hon. Member for Kidderminster (Mr. Bulmer) rolled from his tongue a number of choice phrases, and I took note of some of them. One phrase used by the hon. Gentleman was "job satisfaction" and another was "job recognition". I should like to add a few more—"job enrichment", "job enlargement" and "self-actualisation". These are the words used by Herzberg, Argyris, McGregor and various other quacks who call themselves "industrial psychologists" and who are persuading managements to take note of the changing situation on the shop floor more easily to exploit those workers, rather than to provide them with "job satisfaction".

What do these phrases mean in real terms? They mean that we must apply our minds to giving an ordinary worker the right to "self-actualisation" and creativity within his work situation. It means that we shall get rid of the motor car assembly line. Where is the creativity in that? That work involves a man on an assembly line turning 1,620 screws every shift, day in and day out, week in and week out. Charlie Chaplin made a film called "Modern Times". That was the ideal set for capitalism in Britain today. The worker would have a brush sticking out of his backside and a further implement attached to his forehead to improve his productivity.

Let us be under no illusion about what this means. I believe that this Bill is closely connected with Britain's philosophy of industrial relations. By all means let us welcome the Bill, but let us also recognise that in Clause 17 it seeks to make a distinction in respect of a union which appears before the court in a claim for recognition. Such a union will have to obey the provisions of the Bill. When a question goes before the National Industrial Relations Court, if an issue is not resolved in a certain way then it can be taken to the High Court. It is surely deplorable that in a Bill such as this we should leave a loophole as a result of which the courts can be used to place even bigger difficulties in the way of the trade union movement. Against that background, although I welcome the Bill, I reserve the right to look closely at some of the future legislation.

8.40 p.m.

Predictably, all the speeches in this debate have reflected the polarisation of the debate on industrial relations which has lasted for more than three years. The debate has been almost completely polarised in the last three years between Conservative and Labour view points. I say "almost completely" because a former Minister of Labour, Mr. Ray Gunter, did not cast a single vote at any stage against the 1971 legislation.

But, more precisely, the debate has been polarised about two propositions. The first, from the Opposition benches, is that there must be a framework of law governing industrial relations. The second, from the Government benches, is that the 1971 Act must be repealed. The Government have compromised ingeniously between the two propositions by doing what I forecast several times in the last Parliament. They are purporting to repeal the Act, but they are reenacting many of its useful provisions. I admit that less of the Act is being reenacted than I expected, but that is why I now question the efficacy of the Bill.

The question is whether it will succeed where the 1971 Act undeniably failed. The 1971 Act failed not only because the mass of trade union leaders were determined that it should fail—and many employers did not much like it, either; it also failed because it was clumsily drafted and inadequately debated. The fact that it was inadequately debated was again not solely the fault of the Opposition of the day, though they carry a heavy responsibility for it. It was also the fault of the Government's business managers and their extraordinary decision to take the Committee stage on the Floor of the House and then to guillotine it after two sittings. I never saw how it was possible for both those decisions to be right, and that is why I did not vote for the guillotine resolution.

As a result of the extraordinary procedure that was adopted, the Bill came out of its Committee and Report stages in as much of a mess as it had gone into them, and the consequences can be seen in the notoriously perverse judgments such as that of the Court of Appeal in the case of the London dockers and possibly even in last week's decision in the dispute over the AEUW's funds.

If I may compare small things with great ones, another example of the mess in which the Bill was passed lies in the only amendment which I was successful in tabling, the substance of which was incorporated in the Bill by the Government between the Committee and Report stages without ever being considered by the House. Without that amendment, the Act would have gone on the statute book containing a clause defining what could happen where an employer—I repeat, an cmpioycr—was compulsorily transferred from one trade union to another. It is no wonder that with a Bill drafted in this way, and inadequately debated as it was the courts had difficulty in interpreting it.

The question now before us is whether the new Bill will succeed any better. The test for me is whether it will help cure the calamitous situation in my constituency.

As this situation has been considerably exposed in the Press in recent weeks, I confine myself merely to the salient points. I emphasise from the beginning that all that I say comes to me from members of trade unions all of whom have declared themselves loyal trade unionists. Nothing that I say has come to me from the management side.

My first general example is a letter addressed to me from a Cowley worker, parts of which were published in the Press 10 days ago. He points out that, in the financial year 1973-74, out of 53 possible weeks, he took home only 22 full pay packets including three weeks' holiday. He estimates that the cost to him of the disputes which caused that reduction in his pay packet was £10 a week, and he gives figures to prove it. A very significant point in his letter was omitted in the Press reports. It was that the three-day week, so far from lowering his average weekly pay, actually improved the average over the year by more than £1 a week. In other words, the average hours that he worked went up during the three-day week. This shows what the car industry can do when it tries, even in abnormally difficult circumstances.

My correspondent made it clear that he laid the blame principally, but not exclusively, on the officials of his own trade union. He concluded:

I turn from the general to a particular case. Recently a dispute occurred in the trim shop at Cowley where the shop floor workers are mainly women members of the Transport and General Workers' Union. The shop steward called for a stoppage on the ground that the management was imposing unacceptable new requirements. A group of women thought that the management was not being unreasonable and they refused to stop work. I emphasise that the stoppage was unofficial from first to last. Nevertheless, the women who continued to work were summoned to a branch meeting of the TGWU to answer the complaint,

I turn now to the celebrated case of Mr. Alan Thornett, the shop steward at the centre of the recent drivers' strike at Cowley. His claim to fame lies in the action taken by a group of Cowley workers' wives led by Mrs. Carol Miller. Some of the wives came to see me about the troubles which had deprived their husbands of the chance to work. I asked them why their husbands had not organised the protest and come to see me. The wives' reply was understandable, but disquieting. They said, "Our husbands have to go back into the works and work with the trouble makers. We do not, so we cannot easily be bullied and victimised."

However, one of the husbands did not take it so easily. He is Mr. R. E. McGibbon, a constituent of my hon. Friend the Member for Abingdon (Mr. Neave) who has agreed that, as Mr. McGibbon's place of work is in Cowley, I should take up the case for him.

Mr. McGibbon exercised his right under TGWU rules to send to the secretary of his blanch a letter bearing 50 signatures and demanding a meeting to consider a resolution:

A meeting was reluctantly convened but immediately adjourned because too many people turned up to get into the meeting place. It was then postponed to another place and time and ultimately cancelled without any further arrangements being made. I understand that the appeal by Mr. McGibbon and his friends has now been addressed personally to Mr. Jack Jones, to the Secretary of State for Employment, and taken to No. 10 Downing Street to the Prime Minister. However, the meeting which was constitutionally requested has still not been held.

Instead, Mr. Thornett has resigned from two of the posts which he held in the union but he remains as the drivers' shop steward. In other words. Mr. McGibbon's request as expressed in his resolution has not been met and the Transport and General Workers' Union has sidetracked the whole matter by setting up an internal inquiry of its own which is rather like appointing a Royal Commission to deal with a major matter of public concern instead of, in fact, dealing with the major matter of public concern.

Meanwhile, Mr. McGibbon and Mr. and Mrs. Miller have been abused on the telephone, Mr. McGibbon's car has been sabotaged, and an attempt has been made by a bogus journalist purporting to represent the Observer to interview Mr. McGibbon for money, obviously for the purpose of discrediting his motives.

What will the Bill do to deal with this situation? When the wives came to see me I asked them why their husbands allowed the trade union to be run by men in whom they had no confidence, if that were the case. One of them replied by describing the circumstances in which branch meetings are held. They are called at short notice and at inconvenient times and places for most members. If the moderates attend in numbers, the meetings are cancelled or delayed.

As the hon. Gentleman feels so incensed about some of the internal goings on in the Transport and General Workers' Union, about which he obviously knows very little, because the situation is much more complicated than the deliberately over-simplified version he is giving to the House, may I ask whether he recognises that the union is conducting its own inquiry with all possible speed? Secondly. can he tell the House how the Act which the Bill will repeal would have altered the situation?

To answer the hon. Gentleman's second point first, if he had been here at the beginning of my speech he would have heard me acknowledge that the 1971 Act had failed. What we are debating is whether the new Bill will succeed. As to what is going on with the Transport and General Workers' Union. I am simply reporting what has been reported to me by men and their wives who are loyal trade unionists. All of them have insisted to me that they are loyal trade unionists.

One of the women who gave me this account also told me the following melancholy story. Her husband works at Cowley. She works in a shop in Cowley. She observed recently that her employer had bought a new German car. She went to him in patriotic indignation and ask him why he did not buy a British car. His reply was, "Do they make British cars any more?"

I ask again, what will the Bill do to cure this situation? I repeat that all these stories came to my knowledge from men and women who are loyal trade unionists.

I have one more story of a different kind. There is a married couple living in Oxford, both of them disabled.

That is precisely what I am asking the Minister. This couple formed a small entertainment agency last December to send musicians and dancers on tour to various parts of the country. The couple borrowed £3,000 from a bank and took out a second mortgage on their home. They insured all their employees under the Employers Liability Act for a premium of £3,000. They leased the Empire Theatre, Liverpool, for a week. Their show opened on 15th April and was closed two days later by an Equity representative who arrived from London to demand a bond of £1,840 on the ground that the company did not belong to the Touring Managers' Association.

The promotor explained that he had applied for membership of the association but had been told that he was not eligible until he had promoted a tour. The Equity representative said that he could not promote the tour unless he was already a manager, failing which he must pay the bond; if he did not. Equity would see that none of his performers ever got another engagement. The performers themselves wanted to go on with the show but dare not flout Equity. The promoter could not afford the bond so the show was closed and the tour cancelled. As a result, the promoter, who, as I said, is 100 per cent. disabled, is £9,000 in debt and 48 members of Equity and the Musicians' Union are out of work. When his wife said to the Equity representative that they would contact their MP, the representative laughed and said, "What can they do? Nothing."

So I ask again—what will the Bill do to cure that situation? I have asked this question five times in my speech. If time sufficed, I could probably have asked it 50 or 500 times. I will conclude by generalising the question. What will the Bill do to enable my constituents who want to work to do so and to earn their living? I will make the Minister of State a fair offer. If he can give me a frank and reassuring reply to that question, I shall not be disposed to vote against his Bill.

8.56 p.m.

If I understand aright the thinking of those who favour the 1971 Act and who oppose the Bill, it goes something like this: just as industries may need to be protected by tariffs in their infancy so that they may become established, so unions needed in the late nineteeth and early twenieth centuries to receive similar protection. But, so the argument goes, just as industries grow to a position in which the protection from foreign competition is no longer needed, so unions have now reached the point of such power and maturity that they, too, no longer need protection. The 1971 Act clearly saw the unions as having achieved such power that protection was no longer needed; even more, that their powers should be reduced.

At first sight, the argument might seem superficially attractive. Clearly unions have grown in membership and power since the late nineteenth century. But other bodies in our society have also grown in size and power, such as the huge supranational companies which now dominate so much of the industrial scene. If we were to compare their rate of growth with that of unions, the companies, I fancy, would win hands down. Certainly a comparison of the resources of the two types of body makes the resources of unions look very small beer.

But the Industrial Relations Act and the thinking behind it is open to serious criticism not only on the issue of the countervailing balance of power but also on practical grounds. I have worked for the past three years as a full-time employee of a union in the printing industry. The Act's strictures on the pre-entry closed shop have had no effect in the printing industry. Pre-entry closed shops continue—and what is so terrible about that? Why should not unions exercise what in most industries is regarded as a managerial prerogative—the control of employment? If those hon. Members who are so opposed to the pre-entry closed shop would consult the figures for days lost, they would find that the printing industry's record is far better than that of industry as a whole.

Clearly, the Industrial Relations Act has not fulfilled its primary objective of improving industrial relations. That is not surprising. It was born in the minds of lawyers, not of practical people, it did not have the support of the unions and it was seen as an attack upon them. We shall not achieve better industrial relations unless and until we develop and extend democracy in industry. This cannot be imposed. It must grow out of the trade union movement.

Of course this means changes within the trade union movement. Those changes are, perhaps, not coming quickly enough. But the legislation which we need is clearly legislation, first, to remove the threat under which trade unions have been living and the attack upon them. That is what the Bill is essentially about. Then we need—indeed, we are promised—legislation which positively encourages the development of the environment in which industrial democracy can grow.

The Bill must not be seen as an isolated, one-off statute. It is but the first of a series, the essential clearing of the ground and restoration of rightful protection to trade unions. Once that is done we can get down to the real job of developing good industrial relations in this country based on an organically evolving industrial democracy.

9.1 p.m.

This has been a less emotional and, perhaps, calmer debate than some would have forecast, and a contemplative atmosphere has existed within the House. As a result, it has been a good debate. Certainly, some of the speeches to which we grew accustomed during the long hours of debate upon the 1971 Act we have heard again, but in the main the speeches have not been repetitions of past performances but have been concerned with the current situation.

The hon. Member for Manchester, Blackley (Mr. Rose) said that it was a very special day. However, it was not all that special for the supporters of the Government, because in the closing moments of the Secretary of State's speech only about 60 of his right hon. and hon. Friends were present to cheer him on.

Nevertheless, a number of important questions have been raised. Before reminding the Minister of State of these, I turn to the very pleasant duty of congratulating two of my hon. Friends who have made maiden speeches today. As one who made his own maiden speech in a debate on industrial relations, I think that my hon. Friends chose very wisely. Certainly, my hon. Friend the Member for Cleveland and Whitby (Mr. Brittan) made a closely argued, very well researched and clearly articulated speech—and what a good speech it was. We shall want to hear many more such contributions from him in the future. The same goes for my hon. Friend the Member for Kidderminster (Mr. Bulmer), whose humanity and compassion shone through the contribution that he made to the debate.

Perhaps it would be courteous of me to remind the Minister of State of some of the more important questions that the whole House will want him to answer. The points that I shall put to him will be in addition to those made by my hon. Friend the Member for Oxford (Mr. Woodhouse), who put some very cogent and pertinent questions to the Minister. I somehow suspect that we shall be seeing my hon. Friend in our Lobby tonight. Who knows; miracles sometimes happen, but I think that it is unlikely that the Minister of State will be able to convince my hon. Friend that he should be voting with the Government tonight.

Questions were raised by my right hon. Friend the Member for Penrith and The Border (Mr. Whitelaw) and others during the debate. The first was the very direct question: why abolish the code of practice? The answer which the Minister of State gave me at Question Time on 30th April was Probably that was all right for a swift reply at Question Time, but it is not good enough to say that one should get rid of a code of practice which has been widely welcomed and widely used merely because it has some association with an Act which I understand the hon. Gentleman and his friends do not like. I hope that he will be able to give us a better answer on that point.

Why not keep the CIR? This point was put by my right hon. Friend the Member for Penrith and The Border and was supported, in a curious combination, by the hon. Member for Feltham and Heston (Mr. Kerr). It is not often that ray right hon. Friend and the hon. Member are to be found in the same company. On this issue, however, they were both asking that the CIR should be kept and that we should be concerned about the interim period—that before we get the conciliation and arbitration machinery there should not be a period when the staff of the CIR, whom I think everyone agrees are a good crowd of experienced people, are dispersed. It would be a tragedy if they were not available to help with the work of the institution which is to supersede the CIR. I hope that in Committee, if we get that far, we shall be able to make these adjustments.

How widely drawn are the immunity provisions concerning trade union action? My right hon. and learned Friend the Member for Huntingdonshire (Sir D. Renton) raised the important question about strikes on issues affecting overseas questions not necessarily the affairs of multi-national companies. One could understand that, perhaps, as the reason for the changes in the old immunity definitions, but is the definition so widely drawn now that strikes to affect foreign Governments can take place and be completely covered by the new provisions? My hon. Friend the Member for Cleveland and Whitby postulated the possibility of the freedom of the Press being endangered as a result of the widening of this immunity. This is an important question, on which I hope we shall be given a clear assurance by the Minister of State.

The Bill apparently repeals the whole of the 1971 Act. Clause 1(1) says: But in subsection (2) we find that 25 sections of the 1971 Act and one of its schedules are not repealed. Subsection (3) reveals that only 52 sections and one schedule of the Act are repealed as a direct result of the Bill. We are left with the problem that, having disposed of 77 sections and two schedules, more than half the Act remains. What has happened to the other 93 sections and six schedules? We have to go through to Clause 27 to discover that these will be dealt with by order, and perhaps bit by bit. The repeal process, therefore, is a lot slower than many Labour supporters might have thought. Only 30 per cent. of the Act is repealed by the Bill. This is a little like the situation concerning the Pay Board, which we were told was to have been abolished immediately. Subsequently we discovered that necessary provision was tacked on to the Prices Bill in a clause which will take its time going through Committee. Even then the Pay Board will not be abolished, for the clause only gives the Government power by order to do so.

The voices of Labour supporters are more strident on these issues than are the voices of the Government. There seems to be a considerable time-lag built into both this Bill and the provision for the abolition of the Pay Board.

I accept that it is the Government's intention to repeal the 1971 Act in full. I confess that I did not think that that would happen. I shared the view expressed by my hon. Friend the Member for Oxford. I expected that the 1971 Act would be amended. I did not think that it would be repealed. Indeed, there may be the semantic point, if the Bill passes through Committee and is improved, as I think it should be, of whether we have a repealed 1971 Act and a new Bill or an amended 1971 Act.

If the House gives the Bill a Second Reading it is important that in Committee we carefully consider many of its provisions. It seems that there is concern on both sides of the House about the Bill as it now stands. There will be a desire for amendment. I hope that the amendments that are tabled will be constructive, and that we shall not see the absurd techniques, which came close to filibustering, that were adopted when the 1971 Act was being considered. I hope that we shall see a more constructive approach.

The Bill is the end result of the TUC's campaign against the Industrial Relations Act. It was a highly professional, totally determined and, alas, fairly successful campaign that the TUC and most of the unions and associated members of the TUC waged against the 1971 Bill before it became an Act. Those activities continued. The hon. Member for Chester-le-Street (Mr. Radice) indicated just how widespread was that activity at conferences of shop stewards and the like. Those conferences were told about the Act, and probably there was much criticism of its provisions.

Surely the campaign was successful because the inadequacies of the Act were so glaring?

I accept that that may be the conclusion that the hon. Gentleman draws, but one is permitted to draw other conclusions. However, let us not disagree that the campaign against the Act, which was highly organised and well orchestrated, was successful. I suppose that the TUC and the unions concerned had had some practice before the 1971 Act. They had had a dummy run when they had a go at "In Place of Strife". Perhaps that limbered them up so that they were in good condition for dealing with the Industrial Relations Act.

It is worth noting that the highly political campaign that took place against the Act was financed largely cut of the unions' general funds. The conferences that were held and the publications that were produced were financed not by political funds but from general funds. Many people who do not completely understand how these matters operate may, in their innocence, think that as the uions have their political funds it is the money from such funds that is used for their political activity. Not a bit of it. In fact, the political fund money is used on the basis of the fairly narrow definition of the 1913 Act.

At the same time it will be worth while considering the difference between the definition in the 1913 Act of political trade union activities and the definition of political purposes in the Companies Act 1967 that was introduced by the previous Labour Government. If those definitions were transferred some considerable changes would be created.

The Secretary of State said very little about the detail of the Bill. We have grown used to that. When he moved the Second Reading of the Health and Safety at Work Bill, he said very little about the detail of that measure. Indeed, he confessed that he did not undertand all that much of what it contained. Fair enough! One understands that. My right hon. Friend the Member for Penrith and The Border accepted that he, too, was not as au fait with the details of that Bill as perhaps he might have been. But the Secretary of State has the habit of not dealing at all with the contents of Bills. I have not been in this House very long, but I have heard many other Ministers dealing with the main clauses of Bills that they were introducing. I will not say that the right hon. Gentleman has treated the House with contempt, but it was at least unusual that he should have discoursed for so long—50 minutes or so—but said so little about the Bill.

I wonder why that was so. If the Bill had been his own child—if he had drafted the words or heads of instruction to the parliamentary draftsmen with his own hands we might have heard more from him. But we should look at the true parentage of the Bill and then perhaps we may begin to understand why the right hon. Gentleman said so little about it. We discover that the right hon. Gentleman is not responsible for the Bill. Indeed, nor are the Government. Richard Crossman, not for the first time, let the cat out of the bag in the ITA programme, "Weekend World" in September 1972. He said:

That was the price of TUC support—that it would write its own Act for the next Labour Govern- ment. In evidence, we do not really need to quote the expressive words of Mr. Crossman, whose tragic death all of us who knew him in this House mourn.

I see no reason why we should not pay that courtesy to Richard Crossman. It ill-becomes the hon. Member for Feltham (Mr. Kerr), interjecting, as ever, from a seated position, to make such comments.

The 1973 edition of the Industrial Relations Review and Report printed what at the time was taken to be the document which the TUC and the Labour leadership had been discussing together. Sometimes, even word for word, there is a similarity between that document and the Bill. Of course, this Bill is only the first instalment. There is more to come.

Is the hon. Gentleman not aware that during the debates on the 1971 Act we said that we intended to repeal it when we got back to power and indicated the type of legislation that would replace it?

I have not seen a notice about a reorganisation of the Government, but perhaps there has been some ministerial changes. It is a little unusual for a Minister who I thought had responsibility for other matters to intervene in this way. I accept that a general indication was given in the debate, but surely the hon. Gentleman should be pleased about this. Surely his wish is that the Labour Party should slavishly produce this charter for the unions, written by the unions, for the benefit of the unions. That is the essence of the hon. Gentleman's interventions in our debates on the 1971 Act. Although this is what Labour Party supporters want, time will show that the vast majority of our fellow citizens do not want it.

One theme that has run through many speeches concerns the relationship between the 1971 Act and strikes. I preface my comment upon that aspect by reminding the House of what President Kennedy once said in warning people about the danger of myths. He said: I want to deal with the persistent and persuasive myth that the Industrial Relations Act was responsible for increased industrial unrest and for a vast increase m the number of strikes. The Secretary of State for Employment was taken in by this myth. In introducing the Health and Safety at Work etc. Bill, he said:

The myth assiduously spread by the right hon. Gentleman is not a doubling or a multiplication by 10 but a multiplication by 60 of the correct figure. It is exaggeration, even by the right hon. Gentleman's standards, to multiply by 60. I have quoted the Minister of State's reply, which is recorded in HANSARD. In fact, inflation has been the single most important factor in generating unrest in recent years. Inflation has been the reason for strikes, and these have been markedly on the increase. The analysis of the facts which showed that the increase in the number of strikes had nothing to do with the Act but was a product of inflation was made by the Secretary of State for Employment's dearest and oldest friend, the Secretary of State for Social Services. During the Third Reading debate on the Industrial Relations Bill she said: I entirely agree with that. If we look in a non-political way at Department of Employment figures we see that whereas in former years about 50 per cent. of the strikes and roughly 50 per cent. of the days lost were attributed to issues concerning pay, in recent years the number of strikes in which pay was involved, and the number of days lost, have increased enormously. In the past three or four years in 9 out of every 10 days lost through strikes the primary cause of the dispute was pay, and had nothing to do with the Industrial Relations Act. I suggest that the hon. Member for Chester-le-Street goes back over reports of past debates. [ Interruption. ] I said that I would sit down at 9.30 p.m. and that is what I shall do. [ Interruption. ] I have listened to the debate the whole day and not one of the hon. Members on the Government benches who have intervened have produced a jot of evidence to suggest what now seems to be troubling them.

The Secretary of State in introducing the Second Reading of the Bill ended with a passionate plea for peaceful persuasion. Let me express what I hope and believe is the view of the whole House—that he has been able to persuade the President of the AUEW and his colleagues to call off the industrial action, although from the latest news I have it looks as though this will not happen.

I am sorry that during the debate there has not been one word from the Government benches urging an end to the strike and calling upon the AUEW to think again. It is extraordinary to have had the Secretary of State using curious language about a judge being trigger-happy when it is perfectly clear that if anyone's finger has been on the trigger today it is the finger of Hugh Scanlon. His casting vote has been for a national strike—a strike which is a total retreat from responsible trade unionism. We believe that the Bill will encourage this sort of action. It is because we believe that such irresponsible action should be discouraged and not encouraged that we shall divide the House tonight.

9.30 p.m.

Since I can join the hon. Member for Brentford and Isleworth (Mr. Hayhoe) in so little else that he said, may I begin by joining him in his congratulations to the two hon. Members who have made their maiden speeches today—the hon. Members for Kidderminster (Mr. Bulmer) and for Cleveland and Whitby (Mr. Brittan). Their speeches were interesting, pertinent and, if they both made historic references, that was most appropriate on a day when we are discussing trade union rights.

Historically this House has been a place where trade union rights have been debated in a series of situations. From practical experience the country has learnt that when the law is involved in industrial relations a situation is created which can be put right only by action here. I congratulate my hon. Friend the Member for Manchester, Blackley (Mr. Rose) upon his speech today. In view of the contribution he made to the debates during the passage of the 1971 Act, it was most appropriate that he should be called today. His speech welcoming this Bill was appreciated by my right hon. Friend and I possibly more than most.

The right of workers to combine in a trade union and to bargain collectively with their employers is a fundamental social right. The State should uphold this right and defend it against hostile acts designed to prevent it from being exercised. I wish to develop this theme later, but before doing so it is right that I should answer a number of points that have been raised.

My hon. Friend the Member for Feltham and Heston (Mr. Russell Kerr) pointed out quite clearly that the Bill does not contain any machinery for determining questions of trade union recognition. He appreciates, as was clear from his speech, that in determining trade union recognition my hon. Friends would want to make a distinction between the position of the independent union and the non-independent union.

In so far as we make that distinction in this Bill it relates only to collective agreements under Clause 14(4)(d) and then only in so far as it would limit the right to make a collective agreement, which would he a limitation on the power to negotiate in a dispute to a collective agreement made by an independent trade union.

The second place in which reference is made to the independent trade union and a distinction made between that and the non-independent union is in Schedule 1(3) when we are dealing with unfair dismissal. In that part of the Bill the distinction is made between an unfair dismissal in the case of someone being dismissed for joining an independent trade union, when the Bill gives protection, and the case of someone being dismissed for refusing to join a non-independent trade union, when, again, the Bill confers protection.

If we are to go into the very difficult area of deciding what machinery there shall be for determining which union shall be recognised and which shall not be recognised on the basis of whether the union is independent or not, then, as my hon. Friend will appreciate, we come to something which we shall want to discuss with a number of bodies. We shall want to give it careful thought and deal with it later, probably in the Employment Protection Bill, rather than now.

In another intervention the right hon. and learned Member for Huntingdonshire (Sir David Renton) said that a union in Great Britain could, as a result of the Bill, call a strike in support of a political dispute overseas and so get all the immunities provided by the Bill. That is not the case. A dispute overseas, in common with a dispute in the United Kingdom, would have to satisfy the definition of a "trade dispute" in our Bill.

The definition which appears in Clause 25 does not cover political disputes. However, I must make it clear that the Bill make a change in the law since in its definition of "trade dispute" it covers any dispute overseas. This is a new provision. I consider it to be an appropriate provision in the light of the development of the multi-national company and, furthermore, it is completely in accord with the traditions of international trade union solidarity that in a piece of legislation in the 1970s we should recognise that there may be occasions when trade unions may wish to engage in disputes in respect of actions that take place overseas.

The right hon. Member for Penrith and the Border (Mr. Whitelaw) said that the definition of a trade dispute was much wider and instanced the fact that the definition now covers recognition disputes. The pre-1971 position and the 1971 Act in substance cover recognition disputes. The definition in the Bill simply makes the position explicit, whereas it was previously implicit in legislation. Our Bill is none the worse for that.

Did I understand the hon. Gentleman to say that the definition of "industrial dispute" in the 1971 Act covered recognition disputes? If he said that, I think that he is wrong—and I wish to tell him that I looked at the definition before I made this intervention.

My understanding of the pre-1971 position—and it applies to the 1971 position—is that in practice the recognition dispute was covered. I will check that point since the hon. and learned Gentleman raised it and, if necessary, I will let him have that information. I believe that there is no difference between us on the point that the present Bill covers the recognition dispute. I would not wish to see on the statute book a Bill on this subject which did not cover a recognition dispute. If we sought to take away immunity or to leave the situation unclear, we should be storing up trouble for the future—especially in the light of present developments taking place in industry, and also in view of the efforts which are being made in certain areas by white collar unions to win recognition. Therefore, we believe the provision to be totally appropriate.

My hon. Friend the Member for Tottenham (Mr. Atkinson) said that unregistered unions had already lost their immunity, so that repeal of the Act alone would make no difference. He made that comment in the context whether we should bring in a short, sharp repeal Bill. 1 must advise the House that my hon. Friend is wrong on that point. Although the 1971 Act took away certain immunities from unregistered unions, it did not take away all the immunities. It left them with the fig-leaf of civil conspiracy, picketing and restraint of trade. It must have been a shamrock since it contained three petals, but at least they were left with those immunities. If we brought in a Bill which removed the 1971 Act and left the position there the unions would be left with no immunities at all, they would be back in the pre-Taf-Vale days, and indeed almost back into the situation of the early 1880s. So I must ask my hon. Friends to appreciate that we tried our very hardest to find a short Bill that would leave trade unions with the essential protections and immunities, but that we have been unable to find any way to do so.

The right hon. Member for Penrith and The Border raised another important matter when he said, in discussing the safeguards for union members in relation to their unions that the exercise of union power constituted a fertile source for the oppression of individuals. I reject that assertion totally. I do not ask the right hon. Gentleman to accept my word in the light of my union experience, although it bears out entirely what I contend. In fact, Donovan investigated this allegation very carefully, and the report says that it is unlikely that abuse of power by trade unions is widespread.

One can always find examples of abuses of power in a large number of organisations. But the essential nature of the trade union movement and its democratic base afford a great many protections, and the trade union movement is seeking constantly to provide protections for its members collectively and individually and in relation to their position in their unions.

It has been suggested that there will be no supervision of trade union rules when the Bill becomes an Act. I draw the attention of the House to the attitude of the trade unions on this very issue. Some Opposition Members seem unaware of it.

Trade unions today are highly suspicious of any form of State supervision after their experience of the 1971 Act. The Act has done no good for the cause of those right hon. and hon. Members who favour setting up the legal supervision of trade union rules.

I believe supervision of the rules to be unnecessary. Union members scrutinise their rule books, and they are not likely to benefit very much from the advice of the Opposition. When one thinks of the number of members of the legal profession in this House who can make a good living merely because sections of Acts are not clear, one feels that it is odd that they should suggest that trade union rules need supervision.

The TUC has done a great deal since the time of the Donovan Report. It has examined rule books carefully and offered advice to unions, especially on rules dealing with admission to unions, discipline in unions, strike procedures, the duties and responsibilities of shop stewards, and exclusion for arrears. There is no case to be based on any suggestion that trade unions in general or the TUC in particular are not sensitive to the need for a high quality of rule book.

On that basis, does the hon. Gentleman suggest that company law does not need revision or supervision, either?

No. The position is that in the case of a democratic organisation the members of which are conscious of the need to regulate their affairs by means of a rule book, one must be confident that interference by the State would improve the situation before moving into that area, and the historical evidence of the State moving into the area of control of union rules has not demonstrated that it is a successful road to pursue. In my view, the actions which have come about as a result of the 1971 Act will persuade any reasonably objective person to take a long, hard, cool look before interfering with union rule books through a process in the courts.

Does the hon. Gentleman agree that Mr. Hugh Scanlon, who is so much in the news tonight, was elected to his position by the votes of 6·8 per cent. of his union membership?

The voting system used by trade unions is a matter for trade union members. Perhaps I might draw attention to the vote on Monday which started the dispute by the cabin staff of British Airways. That resulted in a strike after a high percentage vote by all the members of the union who were available. Do right hon. and hon. Gentlemen opposite suggest that it must have been a better result because a high number participated in the vote? The quality of a decision in these matters depends on the machinery being available for members to use as they see fit. If members of a union vote in small num- bers on one occasion for the election of an official and in large numbers on other occasions, those are matters for them. I do not suggest that any hon. Gentleman who comes here as a result of a low poll makes a less valuable contribution in this House than if he comes in as a result of a high poll.

I should like to raise one matter on this important and sensible question of rules. I refer the hon. Gentleman to paragraph 108 of "In Place of Strife" which states:

"For this reason the Government considers that the present legal requirements relating to the rules of trade unions are inadequate, and should be extended in the interests both of the unions and of their members."

What has changed since that was written to justify what the hon. Gentleman is now saving?

I must ask the right hon. Gentleman, if he is so interested, to listen. [HON. MEMBERS: "Answer.] I made it clear that since the Donovan Report the trade union movement has carefully examined the question of rules. In fact, the TUC has advised unions on a number of aspects of their rule books. I take the view that interference in trade union rules by the kind of legislation that hon. Gentlemen opposite have proposed would not improve the situation. Indeed, it would make it worse.

If hon. Gentlemen opposite want to talk about numbers voting, may I ask what percentage of Members of the Conservative Party voted to decide who should be the Conservative Prime Minister? I suggest that it was a small percentage and that their previous processes for determining such matters may have involved even fewer members of the Conservative Party. I make no complaint about that. It is for them to determine their own rules as it is for trade unions to determine their rules in these matters. No process of law which I have yet heard proposed can in my opinion improve the situation.

The hon. Member for Rochdale (Mr. Smith) and the right hon. Member for Penrith and The Border asked why we do not retain the CIR and ensure that the skill and experience of its staff be made use of in the CAS which is to be set up.

I take this question seriously. We do not think that it is right to retain the CIR in its present form. Although it was originally set up as a Royal Commission, it became bound up with the Industrial Relations Act and was the recipient of references from the NIRC. With the abolition of that court these references will abate. I do not think that we can pick and choose among these references. If we make the termination of the NIRC a first priority, we must live with the fact that there will be no reference to it remaining. I do not think that that will be hard for us to bear.

I appreciate the interest shown in this by my hon. Friends. I cannot say whether the commissison will have completed its work on the ICI reference, for example, or will have reached a stage where it could usefully produce an interim report, before the Bill becomes law. If it were able to produce one, I think that an interim report might well be useful to the parties. Doubtless the commission will consider the possibilities in this direction.

The Bill does not specifically provide for the winding up of the CIR as soon as the Bill receives its Royal Assent. The commencement order procedure could be used to bring the work of the CIR to an end a little later. However, as the Secretary of State has made clear, starting the CAS is not dependent upon legislation. We can make a start on that task by administrative means and thus there might not be so great a gap as hon. Members fear.

We are also conscious of the problems facing CIR staff. The commission is in discussion with representatives of the staff for settling termination terms, but it is likely that some opportunities for some CIR staff will occur within the CAS so that the relevant experience can be utilised.

This debate has reflected some of the attacks which are made on trade unions in the mass media. The mass media have from time to time rushed to the defence of employers, often on the assumption that their aid was needed or desired, and particularly have they rushed to the aid of employers if there has been a chance to attack a union which is working in a closed shop situation.

To hear the fears expressed that trade unions may by their action stop news- papers from publishing attacks upon themselves is to dwell for a short time in cloud cuckoo land. If I have read the British Press correctly, it has never been inhibited in publishing attacks on trade unions by the fact that it employs trade union members to run its presses.

One could imagine from reading certain sections of the British Press that British workers spent the majority of their time on strike instead of spending, as they do, the vast majority of their time engaged in good constructive work and very little time indeed, by any fair and objective test, engaged in industrial disputes. However, the previous Government took the view that the closed shop was such a had thing that it should be specifically outlawed in the form of the pre-entry closed shop and made unenforceable in the form of the post-entry closed shop. In doing so, the previous Government ignored completely the advice of the Donovan Commission, advice which was based on years of expert research.

The Tory Party has never understood the collective values inherent in the closed shop. Tories keep stressing the rights of the individual as if these did not concern unions. It might help hon. Members opposite to reflect on the fact that by becoming Members of this place they become members of a closed shop. The House of Commons works on the principle of the pre-entry closed shop. No one can become a Member of the House of Commons unless he accepts the rules laid down by the existing Members of the House of Commons. One can attempt to change these rules only after one has become a Member of the House of Commons. That is exactly the same position as I found existed when I went to work in the closed shop of an engineering factory. I had to accept the union rules laid down by all the members working there.

Hon Members opposite obviously do not appreciate the organisational functions of the closed shop either, or the extent to which it can help unions to retain a high level of membership and match the power of the employers, how it can provide stable employment and make for better industrial relations in a number of industries. Hon. Members opposite reject the significance and value of the closed shop. Perhaps they do not appreciate the concern that was attached to this matter by the Donovan Report. They are very selective in their use of the Donovan Report. The Donovan Commission examined the closed shop carefully and concluded that prohibition had to be rejected and that it could not be effective. This is borne out by the experience of the operation of the 1971 Act.

Law probably played a much smaller part in British industrial relations before 1971 than in many other industrialised countries. Most of our statutes before 1971 were passed to deal with practical problems. Most were enacted to remove common law disabiltiies on unions rather than to give them positive rights. This was the case with the 1871 Act, the 1875 Act and the 1906 Act, and with the 1965 Act which put right the disability for unions produced by Rookes v. Barnard.

But the law of our country has not limited the rights of employers. In many other countries the law positively helps trade unions, requiring employers to recognise unions and to engage in collective bargaining. So one could argue that employers in this country have been above the law by the standards of other countries.

The importance of retaining the code of practice has been pressed today. This code, I regret, has been closely associated with the Industrial Relations Act. The Secretary of State was required to prepare the code, it was made admissible in

evidence before the court and tribunals and its provisions had to be taken into account where they were relevant to the court or tribunal procedures. The statutory provisions relating to the code are being repealed. It will cease to have any legal effect or status as a document blessed by the Government of the day.

I recognise that in some areas of industrial relations, the code has provided useful guidance and I see no reason why it should not continue to be used on a non-statutory basis in those areas where employers and trade unions agree to use it. We shall consider, in the context of our Employment Protection Bill, whether a code of practice will be helpful. The idea may be useful in some form, but it is too early to say more than that.

It is not easy in this House to appreciate the problems of those who organise on the shop floor to protect and advance their conditions. The true purpose of the Bill and the spirit which motivates it stem not from hon. Members, whether lawyers or not, on the benches opposite, but from the mines and from the factories, in places where workers organise to advance and defend their interests. By doing so they enable men and women to play a full and democratic part in determining the way in which they live. This should commend such a measure to the House of Commons.

Question put, That the Amendment be made:—

The House divided: Ayes 264, Noes 299.

Division No. 19.]

AYES

[10.0 p.m.

Adley, Robert

Brewis, John

Costain, A.P.

Altken, Jonathan

Brittan, Leon

Crouch, David

Alison, Michael (Barkston Ash)

Brocklebank-Fowler, Christopher

Crowder, F. P.

Allason, James (Hemel Hempstead)

Brown, Sir Edward (Bath)

Davies, Rt. Hn. John (Knutsford)

Amery, Rt. Hn. Julian

Bruce-Gardyne, J.

d'Avigdor-Goldsmid, Maj-Gen. James

Ancram, M.

Bryan, Sir Paul

Dean, Paul (Somerset, N.)

Archer, Jeffrey (Louth)

Buchanan-Smith, Alick

Deedes, Rt. Hn. W. F.

Atkins, Rt. Hn. Humphrey (Spelthorne)

Buck, Antony

Dixon, Piers

Awdry, Daniel

Budgen, Nick

Dodsworth, Geoffrey

Baker, Kenneth

Bulmer, Esmond

Douglas-Home, Rt. Hn. Sir Alec

Balniel, Rt. Hn. Lord

Burden, F. A.

Drayson Burnaby

Banks, Robert

Butler, Adam (Bosworth)

du Cann, Rt. Hn. Edward

Barber, Rt. Hn. Anthony

Carlisle, Mark

Durant, Tony

Bell, Ronald

Carr, Rt. Hn. Robert

Dykes, Hugh

Bennett, Dr. Reginald (Fareham)

Chalker, Mrs, Lynda

Eden, Rt. Hn. Sir John

Benyon, W.

Channon, Paul

Edwards, Nicholas (Pembroke)

Berry, Hon. Anthony

Chataway, Rt. Hn. Christopher

Elliot, Sir William

Biffen, John

Churchill, W. S.

Eyre, Reginald

Biggs-Davison, John

Clark, A. K. M. (Plymouth, Sutton)

Fairgrieve, Russell

Boardman, Tom (Leicester, S.)

Clark, William (Croydon, S.)

Fell, Anthony

Body, Richard

Clarke, Kenneth (Rushcliffe)

Fenner, Mr. Peggy

Boscawen, Hon. Robert

Cockcroft, John

Fidler, Michael

Boyson, Dr. Rhodes (Brent, N.)

Cooke, Robert (Bristol, W.)

Finsberg, Geoffrey

Bradford, Rev. R.

Cope, John

Fisher, Sir Nigel

Braine, Sir Bernard

Cormack, Patrick

Fletcher-Cooke, Charles

Bray, Ronald

Corrie, John

Fookes, Miss Janet

Fowler, Norman (Sutton Coldfield)

Lewis, Kenneth (Rtland & Stmford)

Ridley, Hn. Nicholas

Fraser, Rt. Hn. Hugh (St'fford&Stone)

Lloyd, Ian (Havant & Waterloo)

Ridsdale, Julian

Fry, Peter

Loveridge, John

Rifkind, Malcolm

Galbraith, Hn. T. G. D.

Luce, Richard

Rippon, Rt. Hn. Geoffrey

Gardiner, George (Reigate&Banstead)

McAdden, Sir Stephen

Roberts, Wyn (Conway)

Gardner, Edward (S. Fylde)

MacArthur, Ian

Ross, Wm. (Londonderry)

Gibson-Watt, Rt. Hon. David

McCrindle, R A.

Rossi, Hugh (Hornsey)

Gilmour, Rt. Hn. Ian (Ch'sh'&Amsh'm)

Macfariane, Neil

Rost, Peter (Derbyshire, S.-E.)

Gilmour, Sir John (Fife, E.)

MacGregor, John

Royle, Sir Anthony

Glyn, Dr. Alan

McLaren, Martin

Sainsbury, Tim

Godber, Rt. Hn. Joseph

Macmillan, Rt Hn. M. (Farnham)

St. John-Stevas, Norman

Goodhart, Philip

McNair Wilson, Michael (Newbury)

Scott-Hopkins, James

Goodhew, Victor

McNair-Wilson, Patrick (New Forest)

Shaw, Giles (Pudsey)

Goodiad, A.

Madel, David

Shaw, Michael (Scarborough)

Gorst, John

Marshall, Michael (Arundel)

Shelton, William (L'mb'th, Streath'm)

Gow, Ian (Eastbourne)

Marten, Neil

Shersby, Michael

Gower, Sir Raymond (Barry)

Mather, Carol

Silvester, Fred

Grant, Anthony (Harrow, C.)

Maude, Angus

Sims, Roger

Gray, Hamish

Maudling, Rt. Hn. Reginald

Sinclair, Sir George

Griffiths, Eldon (Bury St. Edmunds)

Mawby, Ray

Smith, Dudley (W'wick & L'm'ngton)

Grist, Ian

Maxwell-Hyslop, R. J.

Spence, John

Grylls, Michael

Mayhew, P.(Royal T'bridge Wells)

Spicer, Jim (Dorsel, W.)

Gurden, Harold

Meyer, Sir Anthony

Spicer, Michael (Worcestershire, S.)

Hall, Sir John

Mills, Peter

Sproat, Iain

Hall-Davis, A. G. F.

Miscampbell, Norman

Stainton, Keith

Hamilton, Michael (Salisbury)

Mitchell, David (Basingstoke)

Stanbrook, Ivor

Hampson, Dr. Keith

Moate, Roger

Stanley, John

Hannam, John

Molyneaux, James

Steen, Anthony (L'pool, Wavertree)

Harvie Anderson, Miss

Money, Ernle

Stewart, Ian (Hitchin)

Hastings, Stephen

Monro, Hector

Stodart, Rt, Hn. A. (Edinburgh. W.)

Havers, Sir Michael

Moore, J. E. M. (Croydon, C.)

Stokes, John

Hayhoe, Barney

More, Jasper (Ludlow)

Stradling Thomas, J.

Heath, Rt. Hn. Edward

Morgan, Geraint

Tapseil, Peter

Henderson, Barry (Dunbartonshire, E.)

Morgan-Giles, Rear-Adm.

Taylor, Robert (Croydon, N.W.)

Heseltine, Michael

Morris, Michael (Northampton, S.)

Tebbit, Norman

Higgins, Terence

Morrison, Charles (Devizes)

Temple-Morris, Peter

Holland, Philip

Morrison, Peter (City of Chester)

Thatcher, Rt, Hn. Mrs. Margaret)

Hordern, Peter

Neave, Airey

Thomas, Rt. Hn. P. (B'net, H'dn S.)

Howe, Rt.Hn. Sir Geoffrey(Surrey, E.)

Neubert, Michael

Townsend, C. D.

Howell, David (Guildford)

Newton, Tony (Braintree)

Trotter, Neville

Howell, Ralph (Norfolk, North)

Nicholls, Sir Harmar

Tugendhat, Christopher

Hurd, Douglas

Normanton, Tom

Van Straubenzee, W. R.

Hutchison, Michael Clark

Nott, John

Vaughan, Dr. Gerard

Iremonger, T. L.

Onslow, Cranley

Viggers, Peter

Irvine, Bryant Godman (Rye)

Oppenheim, Mrs. Sally

Waddington, David

James, David

Page, Rt. Hn. Graham (Crosby)

Wakeham, John

Jessel Toby

Parkinson, Cecil (Hertfordshire, S.)

Walder, David (Clitheroe)

Jones, Arthur (Daventry)

Pattie, Geoffrey

Walker, Rt. Hn. Peter (Worcester)

Jopling, Michael

Percival, Ian

Walker-Smith, Rt. Hn. Sir Derek

Joseph, Rt. Hn. Sir Keith

Peyton. Rt. Hn. John

Walters, Dennis

Kaberry, Sir Donald

Pink, R. Bonner

Weatherill, Bernard

Kellett-Bowman. Mrs. Elaine

Price, David (Eastleigh)

Wells, John

King, Evelyn (Dorset, S.)

Prior, Rt. Hn. James

Whitelaw, Rt. Hn. William

King, Tom (Bridgwater)

Pym, Rt. Hn. Francis

Wiggin, Jerry

Knight, Mrs. Jill

Quennell, Miss J. M.

Winterton, Nicholas

Knox, David

Raison, Timothy

Woodhouse, Hn. Christopher

Lamont, Norman

Rathbone, Tim

Worsley, Sir Marcus

Lane, David

Rawlinson, Rt. Hn. Sir Peter

Young, Sir George (Ealing, Action)

Langford-Holt, Sir John

Redmond, Robert

Younger, Hn, George

Latham. Michael (Melton)

Rees, Peter (Dover & Deal)

Lawrence, Ivan

Rees-Davies, W. R.

TELLERS FOR THE AYES:

Lawson, Nigel (Blaby)

Renton, Rt.Hn.SirDavid(H't'gd'ns're)

Mr. Walter Clegg and

Lester, Jim (Beeston)

Renton, R. T. (Mid-Sussex)

Mr. Paul Hawkins

Rhys Williams, Sir Brandon

NOES

Abse, Leo

Blenkinsop, Arthur

Castle, Rt. Hn. Barbara

Allaun, Frank

Boardman, H. (Leigh)

Clemitson, Ivor

Archer, Peter (Warley, West)

Booth, Albert

Cocks, Michael

Armstrong, Ernest

Boothroyd, Miss Betty

Coleman, Donald

Ashley, Jack

Bottomley, Rt. Hn. Arthur

Colquhoun, Mrs. M. N.

Ashton, Joe

Boyden, James (Bishop Auckland)

Concannon, J. D.

Atkins, Ronald (Preston, N.)

Bradley, Tom

Conlan, Bernard

Atkinson, Norman

Broughton, Sir Alfred

Cook, Robert F. (Edinburgh, C.)

Bagier, Gordon A. T.

Brown, Bob(Newcastle upon Tyne, W.)

Cox, Thomas

Barnett, Guy (Greenwich)

Brown, Hugh D. (Glasgow, Provan)

Craigen, J.M. (G'Gow, Maryhill)

Barnett, Joel (Heywood & Royton)

Buchan, Norman

Crawshaw, Richard

Bates, Alf

Buchanan, Richard(G'gow, Springbrn)

Cronin, John

Baxter, William

Butler, Mrs. Joyce (H'gey, WoodGreen)

Crosland, Rt. Hn. Anthony

Beith, A. J.

Callaghan, Jim (M'dd'ton & Pr'wich)

Cryer G.R.

Been, Rt. Hn. Anthony Wedgwood

Campbell, Ian

Cunningham, G.(Islington, S&F'sb'ry)

Bennett, Andrew F. (Stockport, N.)

Cant, R. B.

Davidson, Arthur

Bidwell, Sydney

Carmichael, Neil

Davies, Bryan (Enfield, N.)

Bishop, E. S.

Carter-Jones, Lewis

Davies, Denzil (Lianelli)

Davies, Ifor (Gower)

Johnston, Russell (Inverness)

Roberts, Albert (Normanton)

Davis, Clinton, (Hackney, C.)

Jones, Barry (Flint, E.)

Roberts, Gwilym (Cannock)

Deakins, Eric

Jones, Dan (Burnley)

Robertson, John (Palsley)

Dean, Joseph (Leeds, W.)

Jones, Alec (Rhondda)

Roderick, Caerwyn E.

de Freitas, Rt. Hn. Sir Geoffrey

Judd, Frank

Rodgers, George (Chorley)

Delargy, Hugh

Kaufman, Gerald

Rodgers, William (Teesside, Stockton)

Dell, Rt. Hn. Edmund

Kelley, Richard

Rooker, J. W.

Dempsey. James

Kerr, Russell

Rose, Paul B.

Doig, Peter

Kilroy-Silk, Robert

Ross, Stephen (Isle of Wight)

Dormand, J. D.

Kinnock, Neil

Ross, Rt. Hn. William (Kilmarnock)

Douglas-Mann, Bruce

Lambie, David

Rowlands, Edward

Duffy, A. E. P.

Lamborn, Harry

Sandelson, Neville

Dunn, James A.

Lamond, James

Sedgemore, Bryan

Dunnell, Jack

Latham, Arthur(City of W'minsterP'ton)

Selby, Harry

Dunwoody, Mrs. Gwyneth

Lawson, George(Motherwell&wishaw)

Shaw, Arnold (Redbrige, Ilford, S.)

Eadie, Alex

Leadbitter, Ted

Sheldon, Robert (Ashton-under-Lyne)

Edelman, Maurice

Lee, John

Shore, Rt. Hn. Peter(S'pney&P'plar)

Edge, Geoff

Lestor, Miss Joan (Eton & Slough)

Short, Rt. Hn. E. (N'ctle-u-Tyne)

Edwards, Robert (W'hampton, S.E.)

Lever, Rt. Hn. Harold

Short, Mrs, Renée (W'hamp'n, N.E.)

Ellis, John (Brigg&Scunthorpe)

Lewis, Ron (Carlisle)

Silkin, Rt. Hn. John (L'sham, D'ford)

Ellis, Tom (Wrexham)

Lipton, Marcus

Silkin, Rt.Hn.S.C.(S'hwark, Dulwich)

English, Michael

Lomas, Kenneth

Sillars, James

Ennals, David

Loughlin, Charles

Silverman, Julius

Evans, Fred (Caerphilly)

Loyden, Eddie

Skinner, Dennis

Evans, loan (Aberdare)

Lyon, Alexander W. (York)

Smith, Cyril (Rochdale)

Evans, John (Newton)

Lyons, Edward (Bradford, W.)

Smith, John (Lanarkshire, N.)

Ewing, Harry (St'ling, F'kirk&G'm'th)

McCartney, Hugh

Snape, Peter

Fernyhough, Rt. Hn. E.

MacCormack, Iain

Spriggs, Leslie

Fite' Alan (Wigan)

McElhone, Frank

Stallard, A. W.

Fitt, Gerard (Belfast, W.)

MacFarquhar, Roderick

Steel, David

Flannery, Martin

McGuire, Michae'

Stewart, Donald (Western Isles)

Fletcher, Ted (Darlington)

Mackenzie, Gregor

Stewart, Rt, Hn. M. (H'sth, Fulh'm)

Foot, Michael, Rt. Hn.

MacLennan, Robert

Stoddart, David (Swindon)

Ford, Ben

McMillan, Tom (Glasgow, C.)

Stonehouse, Rt. Hn. John

Forrester, John

McNamara, Kevin

Stott, Roger

Fowler, Gerry (The Wrekin)

Madden, M. O. F.

Strang, Gavin

Fraser, John (Lambeth, Norwood)

Magee, Bryan

Strauss, Rt. Hn. G. R.

Freud, Clement

Mahon, Simon

Summerskill, Hn. Dr. Shirley

Galpern, Sir Myer

Mallalieu, J. P. W.

Swain, Thomas

Garrett. John (Norwich, S.)

Marks, Kenneth

Taverne, Dick

Garrett. W. E. (Wallsend)

Marquand, David

Thomas, D. E. (Merioneth)

George, Bruce

Marshall, Dr. Edmund (Goole)

Thomas, Jeffrey (Abertillery)

Gilbert, Dr. John

Mason, Rt. Hn. Roy

Thorn, Stan (Preston, S.)

Ginsburg, David

Mayhew, Christopher(G'wh, W'wch, E.)

Thorpe, Rt. Hn. Jeremy

Golding, John

Meacher, Michael

Tierney, Sydney

Gourlay, Harry

Mellish, Rt. Hn. Robert

Tinn, James

Graham, Ted

Mikardo, Ian

Tomlinson, John

Grant. George (Morpeth)

Millan, Bruce

Torney, Tom

Griffiths, Eddie (Sheffield, Brightside)

Miller, Dr. M. S. (E. Kilbride)

Tuck, Raphael

Grimond. Rt. Hn. J.

Milne, Edward

Tyler, Paul

Hamilton, James (Bothwell)

Mitchell, R. C. (S'hampton, Itchen)

Varley, Rt. Hn. Eric G.

Hamilton, William (Fife, C.)

Molloy, William

Wainwright, Edwin (Dearne Valley)

Hemling, William

Moonman, Eric

Wainwright, Richard (Coine Valley)

Hardy, Peter

Morris, Alfred (Wythenshawe)

Walden, Brian (B'm'ham, Ladywood)

Harper, Joseph

Morris, Charles R. (Openshaw)

Walker, Harold (Doncaster)

Harrison. Walter (Wakefield)

Morris, Rt. Hn. John (Aberavon)

Walker, Terry (Kingswood)

Hart, Rt. Hn. Judith

Moyle, Roland

Watkins, David

Hattersley, Roy

Mulley, Rt. Hn. Frederick

Watt, Hamish

Hatton, Frank

Murray, Ronald King

Weitzman, David

Healey, Rt. Hn. Denis

Newens, Stanley (Harlow)

Wellbeloved, James

Heffer, Eric S.

Oakes, Cordon

White, James

Henderson, Douglas (Ab'rd'nsh're, E)

Ogden, Eric

Whitehead, Phillip

Hooley, Frank

O'Halloran, Michael

Whitlock, William

Hooson, Emlyn

O'Malley, Brian

Wigley, Dafydd (Caernarvon)

Horam, John

Orbach, Maurice

Willey, Rt. Hn. Frederick

Howell, Denis (B'ham, Small Heath)

Orme, Stanley

Williams, Alan (Swansea, W.)

Howells, Geraint (Cardigan)

Ovenden, John

Williams, Alan Lee (Hvrng, Hchurch)

Huckfield, Leslie

Owen Dr. David

Williams, Rt. Hn. Shirley(H'f'd & St'ge)

Hughes, Rt. Hn. Cledwyn (Anglesey)

Padley, Walter

Williams, W. T. (Warrington)

Hughes, Robert (Aberdeen, North)

Pardoe, John

Wilson, Alexander (Hamilton)

Hughes, Roy (Newport)

Park. George (Coventry, N.E.)

Wilson, Gordon (Dundee, E.)

Hunter, Adam

Parker, John (Dagenham)

Wilson, Rt. Hn. Harold (Huyton)

Irvine, Rt. Hn. Sir A. (L'p'I, EdgeHill)

Parry, Robert

Wilson, William (Coventry, S.E.)

Irving, Rt. Hn. Sydney (Dartford)

Peart, Rt. Hn. Fred

Winstanley, Dr. Michael

Jackson, Colin

Phipps, Dr. Colin

Wise, Mrs. Audrey

Janner, Greville

Prentice, Rt. Hn. Reg

Woodall, Alec

Jay, Rt. Hn. Douglas

Price, Christopher (Lewisham, W.)

Woof, Robert

Jeger, Mrs. Lena

Price, William (Rugby)

Wrigglesworth, Ian

Jenkins, Hugh (W'worth, Putney)

Radice, Giles

Young, David (Bolton, E.)

Jerkins, Rt. Hn. Roy (B'ham, St'fd)

Rees Rt. Hn. Merlyn (Leeds, S.)

John, Brynmor

Reid, George

TELLERS FOR THE NOES:

Johnson, James (K'ston uponHull, W.)

Rhodes, Geoffrey

Mr. Ernest G. Perry and

Johnson, Walter (Derby, S.)

Richardson, Miss Jo

Mr. Laurie Pavitt.

Question accordingly negatived.

Main Question put forthwith, pursuant to Standing Order No. 39 (Amendment on second or third reading), and agreed to.

Bill accordingly read a Second time.

Bill committed to a Standing Committee pursuant to Standing Order No. 40 (Committal of Bills).

Trade Union and Labour Relations [Money]

Queen's Recommendation having been signified—

That, for the purposes of any Act ot the present Session to repeal the Industrial Relations Act 1971, it is expedient to authorise the payment out of moneys provided by Parliament of—

Weights and Measures (Dentifrices and Wine)

10.16 p.m.

The Minister of State, Department of Prices and Consumer Protection
(Mr. Man Williams)

I beg to move,

That the Weights and Measures Act 1963 (Dentifrices) Order 1974, a draft of which was laid before this House on 10th April, be approved.

Order. I take it that it is the wish that the two orders should be discussed together.

By your leave, Mr. Speaker, it would be convenient to discuss at the same time the other order,

The orders are modest in intent and are based upon consultations initiated by our predecessors. I assume, therefore, that we have the Opposition's support for them. We hope that by the orders we can take immediate action—it may not be a perfect formula—to overcome some of the frustrations of consumers in the areas covered.

There is considerable ill feeling among consumers about the difficulty of assessing the best buy, for example, in toothpaste. The consumer finds herself confronted with a jumble of permutations of weight and volume, of grammes and millilitres, of imperial and metric measures. This confusion and proliferation of non-comparable measures makes choice for the purchaser extremely difficult, if not impossible in many cases. Similarly, there is annoyance at the situation in which in one restaurant one is served wine by litre and in another by carafe, perhaps containing only a few glasses, and there is no way of assessing what amount one is to obtain in advance of ordering.

Both orders amend the schedules to the Weights and Measures Act, which specify how goods are to be sold. As required under Section 54(2) of the 1963 Act, our predecessors and we received representations from organisations representative of the interests substantially affected by the proposals, and in general the proposals were welcomed.

The wine order requires that wine sold in carafes or other containers, such as flasks, jugs and pitchers—the definition is extended lest there be any who seek to evade the provisions—for consumption on the premises must comply with the capacity measurement requirements of the order. We expect that there will probably be a statement on the menu or wine list.

There is a complication in that the initial consultative letter issued by the previous Government was rather specifically worded and it thus limited us in the extent of our proposals regarding information to be given to the consumer. Rather than waste several months in carrying out fresh consultation we felt that it was better to give some immediate protection, with the possibility of providing fuller protection later.

The order, as framed, has to be related to the consultative letter that was issued. That letter was related to existing legislation and did not allow us to specify the way that information was to be given to the consumer. It may be that the House will be asked at a later date to agree to further measures to improve the situation, but the present order will give some immediate protection to the consumer at little expense to the trade and with little price impact. However, we have warned the trade that we hope later to move over to a system of lined carafes. We want to get closer to a prescribed quantity system, but it is necessary to go through procedures.

Regarding the order concerning dentifrices, under Part V, Schedule 7, of the Weights and Measures Act 1963, pre-packed toilet preparations must be marked in either net weight or volume. The Marking of Goods and Abbreviation of Units Regulations 1970 provide that the marking should be either metric or imperial or both. We are trying to simplify the system. I spoke earlier about the complication of permutation of different measures under the law as it stands and the order will specify that there must be marking in volume. Some hon. Members may have preferred that the marking should be only in metric volume, but Section 10(10) of the Act is an inhibiting factor in this respect. However, formal discussions will take place with the trade to move later to a system of prescribed quantities.

There have been informal discussions in the initial stages of preparation of the order, as required under weights and measures legislation and regulations. The next step is to have formal consultations.

Both orders are helpful in a small way but fall short of what I would have wished to introduce. I had to decide, and I now ask the House to decide, whether to have some immediate protection or to try to remedy the inadequacies of the previous consultation, with the consumer in the meantime being left in the same position as at present. I felt that on balance—and this is a value judgment—we should give what protection is possible, while seeking further consultation to improve the situation later.

10.26 p.m.

I am sure that the House will not wish to oppose the orders, but I must say that the wine order in particular is a real mouse. I do not see what protection is given to the consumer. Perhaps the Minister will explain exactly the extent of the protection to be given to the consumer. At the moment, spirits and beer are sold in certain forms of measure. Wine is sold in bottles, and the size of the bottles varies only to a certain extent. It might be a litre bottle, or a 75 centilitre or 72 centilitre bottle.

The bottle is a fairly well-known unit of consumption, but the size of a carafe is not known to the consumer. It can vary from restaurant to restaurant, hotel to hotel. Any steps that help the consumer here are well worth taking. As I understand it, the sole effect of the order is to require that wine, when sold on the premises in which it is to be consumed, must be sold by capacity measurement. As I understand it, there is no obligation on the restaurant concerned to print it on the menu or to display any notice saying how large the carafes are.

The only protection afforded to the consumer is that a diner may ask a waiter how large the carafe is. Then the waiter is bound to state the capacity. I can understand the Minister saying that he wanted to bring forward an order, but the idea that this will help the consumer seems mildly far-fetched. There is some argument that because, as a result of the order, this is to be sold by capacity measurement it will mean, under Section 23 of the Weights and Measures Act. that the quantity in which it is to be sold will have to be displayed. If that is the case the Minister ought to tell restaurants and hotels. They ought to know what their legal obligation will be as a result of the order being passed.

I doubt whether that is the case, because under Section 23 (4) (f) of the Weights and Measures Act 1963 the sale of intoxicating liquor for consumption at the premises of the seller is specifically exempt from the remaining provisions of Section 23. Therefore I believe this section to provide that unless the Secretary of State makes an order there is no obligation on the restaurant or hotel concerned to display anywhere the size of the carafe in which it is proposing to sell wine to the public. The only redress which the public has, and it is a pretty far-fetched one, is that in theory a member of the public can ask a wine waiter, "What is the size of your carafe?" I am sure that many restaurants will wish to display details of the size of the carafes in which they are selling wine.

Nevertheless this is a fairly small order. I am not sure what benefit it gives the consumer. The Minister said that the original consultation letter was defective. I do not have the faintest idea whether that is so. Whether or not it is. I hope that he will seriously consider what real protection he can give to consumers. I have made inquiries in the trade, and I am told that there will be no objection if an obligation is put on restaurants and hotels to display, either at the bar or on the menu, a notice stating the size of any carafe in which wine is sold. Unless there is such a provision, I fail to understand the point of the order.

The Minister says that the order deals with evasion, because unless wine is sold in a certain way it will be caught by the order. He is exempting glasses and any vessel from which it is intended that wine should be drunk. If people wished to evade the order, it would be extremely easy for them to do so. I do not suggest that there should be a prescribed size of glass. There are many difficulties in that, although we may get to it one day. We may, however, move to the point where, in the interests of those who are selling the wine and those who consume it, there is an obligation to display, either at the bar or on the menu, particulars of the size of the carafe for which a charge is made. My hon. and learned Friend the Member for Thanet, West (Mr. Rees-Davies) who has a wide knowledge of these matters, will, I am sure, confirm that in reputable restaurants in Italy and France wine in carafes is always sold in appropriate measures. The trade has no objection, and without such a provision the order is not worth the paper it is written on.

I accept my hon. Friend's analysis of the difficulty of specifying the size of glasses, but does he think it reasonable to specify the amount of wine contained in the glass, as is done with tots of gin and whisky?

That, perhaps, is some way off. We must first specify the size of the carafe, to which the trade has no objection. There must be an obligation on the restaurant to say exactly what is being sold in a carafe of wine. We might then move on to say that carafes should be of a standard measurement, as is done with containers of beer and spirits.

I should, perhaps, in these difficult times, declare an interest, as a shareholder in a brewery company. I shall probably be arguing against my interest instead of in favour of it, but that may be fashionable. I shall declare my interest if it is necessary to do so.

Does the Minister of State think that wine should be sold in a glass of a certain measurement, as is done with tots of spirits? I do not press him to provide for that straight away. The House should be told whether, as the result of the passage of the order, there will be no obligation on restaurants and hotels to do what I have described. If so, the House will think that the order is not a great step forward, although I would not wish to vote against it. Does the Minister intend to go further along these lines?

The order dealing with toothpaste is welcome, but there is one problem on which I should like to hear the Minister's views. Most toothpaste is manufactured by the four big manufacturers, but there are many small manufacturers. I have had representations arising from the fact that the order comes into force on 1st July and that through no fault of theirs but because of the General Election and the shortness of time allowed for consultations, many small manufacturers have large stocks, which will be a great problem for them. If the order is passed they will be under an obligation to relabel their stocks and will be put to a great deal of administrative expense and inconvenience.

It is curious that the order on wine does not come into operation until 2nd September, whereas the toothpaste order will apply from 1st July. Will the Minister of State make inquiries to see how strong a case this is? If there is a genuine problem for the small manufacturer of toothpaste because the order is to be brought is on 1st July and the hon. Gentleman wishes to make alterations to the measure at a later date, he can rest assured that Conservative Members will put no obstacle in his way. We are anxious to help the small business man who inevitably faces difficulty in many ways.

There is a further point that I wish to bring to the Minister's attention. I am told by some weights and measures inspectors that the problem of enforcement will be great. If the contents of a tube of toothpaste are to be measured in cubic centimetres, the only way to test whether it contains the requisit amount of paste is to squeeze it all out. The problem of putting the paste back in again will no doubt defeat many a weights and measures inspector. It would be well to advise them how to cope with that problem! I am not suggesting that this is a crucial point on which the House should spend its time, but inspectors may face difficulties in ensuring that a tube contains the requisite amount of tooth paste, as laid down by Parliament. Therefore, will the Minister say how he proposes to get over the matter of enforcement and give the House some idea whether he has received representations from weights and measures officers on these matters?

Subject to saying that the order on wine does not go far enough, I shall not ask my hon. Friends to oppose the orders.

10.37 p.m.

I wish to intervene only briefly. As the Minister of State will know, I have taken an interest in this subject for some time and my first Parliamentary Question on the topic goes back to 1971. Therefore, I fear that we make only a snail's progress in these matters.

These measures can only be described as disappointing. When I heard that they were to be tabled for discussion, I thought that we were really getting somewhere, but they are miniscule in their effect. Indeed, I read them several times thinking that I must have missed a point somewhere, because they did not seem to take the situation very much further.

Let me first deal with the order on wine. I wish to make the plea that we deal with wine sold by the glass—not, as my hon. Friend the Member for Southend, West (Mr. Channon) suggested. in due course or at some later stage, and not, I fear, in my lifetime, from the way my hon. Friend spoke, but rather more rapidly. Many people in restaurants like to buy wine by the glass as well as in a carafe. I am disappointed that the glass is not included in the order. I see no insuperable difficulty in this regard, since I understand that spirits have been sold in prescribed quantities for some time. I see no reason why wine should not also be sold in that way.

I am even more disappointed about toothpaste. The order makes such a small step forward as hardly to be worth mentioning. Had I been in the shoes of the Minister of State. I should have been inclined to leave the matter alone and wait until I could produce something worth while. I believe that the only worthwhile way to deal with the situation is to ensure that toothpaste is sold in prescribed, standardised quantities in the same way as certain other, but regrettably few, goods are sold. I hope the Minister will assure us that this matter is very much in his mind and that it may even be brought about within the lifetime of the present Parliament, although I very much doubt it. At any rate, knowing the Minister's interest in this topic. I live in hope that something will be done.

Naturally, I shall not vote against the orders. It would be churlish to do so—there is so little against which to vote. But I hope that the assurance for which I ask will be forthcoming from the Minister.

10.40 p.m.

I believe that some people measure their age not in calendar years but by the number of toothpaste tubes that they have squeezed out. There is always the feeling, as one comes to the end of a tube, "I am one toothpaste tube older." Since that tube was round, smooth and uncrinkled, increasingly the inches have spread over the bristles of the brush rather like the inches of the span of our lives.

The order provides that we shall measure our toothpaste in inches, and it is that which leads me into these philosophical thoughts. I do not take issue with the draftsman of the order in that respect, except to express doubt whether the general public will be able to picture a cubic inch of toothpaste without being told the meaning of it in reference to the amount normally squeezed along the brush.

My complaint is far more serious about the wine order. The Joint Committee on Statutory Instruments considered it and felt that it was extremely ambiguous in Article 2 which requires wine to be sold by capacity measurement, except in certain circumstances.

As I read the article, it is not ambiguous when it says that if wine is bought in an ordinary wine bottle to drink on the premises, it need not be sold by capacity measurement, whatever that may mean. The customer asks for a number on the wine list. The wine waiter goes out, finds the appropriate label, licks it, and sticks it on a bottle of red liquid. He returns, and flourishes it before the customer. That will still be done with impunity.

If you are brave enough to order a glass of wine——

I sincerely apologise for suggesting that you would do any such thing, Mr. Deputy Speaker.

Anyone ordering a glass of wine, provided that he does not walk out of the restaurant to drink it, will not have to be sold it by capacity measurement. If he decides to sip it daintily out of what the order calls "some other vessel", such as the young lady's proverbial shoe, a cup, a mug or a pot, that capacity measurement is his own and not the landlord's, provided that it is drunk on the premises.

The order is silent as to whose intention it may be the landlord's or the customer's. By that, I do not mean who intends to be drunk, as the order may seem to imply, but who has to intend that the wine will go straight from the other vessel and down the customer's throat.

Let us assume the normal situation. Suppose that a customer orders a carafe of wine, and is not the eccentric sort of person who drinks it out of the carafe. If he were, it would be drunk out of the "other vessel", and it would not have to be sold by capacity measurement. Therefore, it must be sold by capacity measurement. Does the customer buy a calibrated carafe, or does he buy on the basis of statement in the wine list or a mark on the wall saying, "Our carafes are X litres"?

I joke about it in this way, but article 2 is so ambiguous that it is an invitation to litigation. It is an invitation to anyone who wishes to escape from the order to do so.

It is not sufficient to say that the order will attract the obligation to advertise or to put up a statement in a restaurant or dining room, or whatever it is, that carafes are of a certain size.

I suggest that there are two faults in the order. The first is the ambiguity of Article 2, which invites one to try to escape from its provisions, or to enter into litigation on it.

The second is that if it is intended that the customer should know the size of a carafe by some statement displayed within the premises, the order is not sufficient and a further order is necessary.

To that extent, the Minister should think carefully about the order. If he brings it into operation now, I ask him to go back to his advisers to see whether an amending order to Article 2, to make it unambiguous, be brought in to complete the effect of the order by making it obligatory to put up a statement about the size of a carafe.

10.46 p.m.

I have not had an opportunity of congratulating the hon. Member for Swansea, West (Mr. Williams) on his appointment as Minister of State. I do so now, most sincerely. But, oh, dear!—what a very tentative Member for Swansea, West, we have now, when we recall with some nostalgia his sheaves of newspaper clippings and vehement anecdotal debates. In opposition we would never have heard from him terms like "possibly" or "may". They never entered his vocabulary.

Like my hon. Friends, I welcome the orders for what they are, but we do not know what we are welcoming.

Referring to the Sale of Wine Order, the Minister said that difficulties have arisen because of the original letters of consultation. As the order does not come into operation until September, I think that it would have been better not to introduce it and for the consultation procedures to be started again. In any event, may I ask the Minister to replace the words "possibly" and "may" by "will" and "shall" in reference to starting consultations, to make the order worth anything?

One can imagine the difficulties facing consumers in restaurants if they do not know that they can ask what the capacity of a carafe is. Of course, people may not get much assistance from some foreign waiters who probably do not understand what is said outside the specific terms on a menu. However, I hope that the Minister will move forward on this matter as quickly as possible.

The Dentifrices Order is a minimal measure. It provides that only the volume has to be marked, rather than the volume or the net weight, which was originally set out in Schedule 7, so it is a very small step. It is confining the quantity to be marked by volume rather than by weight.

The hon. Gentleman pointed out the difficulties of prescribing that the quantity should be marked either in metric or imperial weight, or both, which is what we would have preferred, in view of the provisions of Section 10 of the Weights and Measures Act.

The Minister may recall that we provided for that in our Unit Pricing Bill, which was a different type of legislation. However, I am sure that if he addresses his ingenuity to this matter he can come forward with an answer when, I hope in the near future, he moves towards making regulations for prescribed quantities of dentifrices. I hope that his old initiative will return to him, so that he can press on further with these modest measures and make them worth while to consumers.

10.49 p.m.

The Warwickshire County Council Trading Department has carried out some investigations which are of help to the House and a disservice to the wine order. I shall state the results of the inquiries that were made in various towns in Warwickshire. I am not suggesting that every hotel in each of these towns supplies carafes of a capacity which I shall specify; I am merely saying that when Warwickshire County Council representatives visited certain restaurants and hotels in these towns these were the disparities which they found.

In one restaurant in Nuneaton, a full carafe represented 27·8 fluid ounces. In Leamington a full carafe represented 30·5 fluid ounces. In Warwick, a large carafe represented 29 fluid ounces. In Stratford-on-Avon—such is the effect of the immortal hard—a large carafe represented 40·2 fluid ounces. That is one of the results of American tourists going to Stratford-on-Avon.

As regards carafes and their capacities, there is a clear indication of the necessity to do something like that which is set out in the order, though I am doubtful that the order goes far enough. What concerns me is the direct way in which it excludes glasses, because the figures obtained by Warwickshire County Council show that in respect of glasses the differences are even greater. In Nuneaton, a lined schooner type sherry glass gave the customer 2·1 fluid ounces of sherry. In Leamington, a glass of the same description gave 3·1 fluid ounces.

Once again, in Stratford-on-Avon they certainly do drinkers well, for asking for a schooner-type glass of sherry there resulted in obtaining no less than five fluid ounces. I am not suggesting that the price in Stratford-on-Avon was the same as it was in Nuneaton. However, when a customer asks for a schooner of sherry lie should have some idea, within reason, of the amount he will receive. That is why the Warwickshire investigations have shown that there is a need for an order which goes much further than this one. Our investigations show that it is a mistake to exclude glasses. I hope that the Government will soon introduce an order to deal with that matter.

10.53 p.m.

The whole House will be grateful for the very useful research of which we have just heard from the hon. Member for Coventry, South-East (Mr. Wilson). The position may be satisfactory in Stratford-on-Avon because of its association with Falstaff. The disparities that the hon. Gentleman has revealed show why the order is unsatisfactory.

The debate is making me become increasingly doubtful whether the order should be accepted. I am sure that the House would not want to vote upon the matter tonight, even if there were sufficient Members to muster a quorum. However, the Government should think carefully whether to proceed with the order, in view of the considerable concern expressed by hon. Members.

The Minister is limited by his statutory powers, which are defined in Section 21(2) (a) of the Weights and Measures Act 1963 as follows:

It does not impress me that the Minister says that he was not satisfied with the consultation procedure that he inherited. If I may say so without embarrassing my hon. Friend the Member for Shoreham (Mr. Luce), I have always thought of myself as one of the awkward squad. The fact that that consultation took place in the past does not impress me. My right hon. Friend the Member for Crosby (Mr. Page) and my hon. Friend the Member for Southend, West (Mr. Channon) will know that before I came to the House I spent a good deal of my time making life difficult for them in other ways. If the consultation procedure was not satisfactory the Government should not have brought forward the order. They should have proceeded with some other form of consultation until they could produce an order with which they were satisfied.

In its concern for consumers, the House wants them to have things brought to them in bars, restaurants or hotels in a form which they can understand. I am not satisfied with the present situation in bars under the Weights and Measures Act, with the references to gills, which do not mean much to consumers. Nor am I satisfied with the suggestions in the order relating both to a carafe and to the unsatisfactory method by which consumers may discover their rights. It appears that if a restaurant does not volunteer the information in writing a consumer has to ask the waiter. Under the order the restaurant has no statutory duty to give the information. It would have been better if the Minister had waited to get his powers right before introducing the order.

The point that I made about glasses, in an intervention, has been supported by other hon. Members. I am not persuaded that this is impossible. Under the powers existing now and under the order, I should have thought that the Minister could specify what should be in a glass of wine. After all, these powers exist with regard to whisky and gin. The position may be unsatisfactory and difficult for consumers to understand, but at least one knows what one is getting in a glass.

The whole House is concerned about this matter. I ask the Minister to consider whether the order is satisfactory. It gives no protection to consumers. He should take it away and bring back a more satisfactory order at a later date.

10.58 p.m.

I do not dissent from many of the criticisms made this evening. Indeed, I should be making similar criticisms were I in opposition, and I have made similar criticisms within my Department. Nevertheless, as has been said, I am to some extent limited by the statutory procedures required of any Minister.

Hon. Members who have been concerned with me in all-party approaches to issues like unit pricing will recollect that even such issues can be considerably delayed for a variety of reasons, ranging from an unfortunate cry of, "Object!" by someone who wakes 10 seconds late and objects to the wrong item on a Friday afternoon, to the odd election or two. The real question is: when a measure which may not be adequate at least will do something immediately, with the possibility of improvement later, what should the House do?

If the House feels that I am wrong, I must bow to its judgment, but in the circumstances, limited as I am by the statutory requirements, I believe that should bring in some measure to afford some protection to the consumer. To those hon. Members who say that they would wish to go back and start consultation again, I express the hope that they realise that they are talking of over 100 steps. In terms of even the formal consultation on the Dentifrices Order, I discovered to my incredulity that it started in February 1973. Before then there was a requirement of informal consultation. What hon. Members must ask themselves is, if they were in my position, how far back along the chain would they have felt it desirable to go. That is a question which I had to resolve to my satisfaction.

Great as is my reforming zeal on behalf of the consumer, and much as I welcome opportunities to chastise those who in any way abuse the consumer, I felt, nevertheless, that I should at least not be wasting the opportunities which were available to me as a result of consultation which took place under the Conservative Government. I ask hon. Members to recollect the fact that the consultation took place during their period of office. I do not say that in a "snide" sense.

In relation to the order on wine, I am very much limited by the wording of the consultative letter which was issued.

We appreciate the length of the hon. Gentleman's consultation procedures and the difficulties that he was under, but will he now give a firm assurance that he will proceed immediately with new consultations to improve the order relating to wine?

The hon. Lady clearly has a capacity for clairvoyance; alternatively, she has basically recognised that the zeal the passing of which she was bemoaning a short while ago still thrives, even under the burdens of office. Indeed, I give her those assurances.

My intention is to use these measures as step No. 1 in improving the position of the consumer in these areas. I accept that it is a small step, but at least it is a step forward.

The hon. Member for Southend, West (Mr. Channon) was absolutely correct in his interpretation of what the requirement would be concerning wines. Most people, because of the order, will reveal what measure they are using; all must tell—that is the important thing. But there is not an absolute compunction on revealing. In order to obtain that extra defence for the consumer I would have had, therefore, to resume consultative procedures—which I naturally undertake to do, but in the meantime, I feel that I should at least give this further protection to consumers. Whether it proves to be of great value remains to be seen, but obviously, in the sort of instances indicated by my hon. Friend the Member for Coventry, South-East (Mr. Wilson), it could, if taken advantage of by the consumer, be of assistance, certainly in his locality. We take his point that it does not go far enough. We hope to take it further at the earliest possible opportunity.

As a matter of interest, what is holding up the operation of doing something else? I have met no objections to the statutory obligation that one should have printed on one's menu or somewhere in a restaurant the exact size of a carafe. Is there some objection from the trade? I have met none. I hope that the hon. Gentleman will be able to proceed with speed on this matter. If he reflects on the situation, he may ponder on how this will operate with, for instance, a Spanish waiter who speaks not a word of English, or very little English, when one is asking how many centilitres there are in a carafe. With respect, this will not be of great protection to the consumer.

The hon. Gentleman must not underestimate the difficulties. If it were as easy a matter as that, I should not be putting forward the arguments that I am putting at present. I ask the hon. Gentleman generally to accept that point. I shall not bore the House by reading out the full list of people who have had to be consulted in relation to each of these orders. The hon. Gentleman has indicated that he has not come across any objections, and I am sure that that is so, but whether his inquiries would be such as to satisfy the requirements imposed upon the Minister by the existing Weights and Measures Act is another matter. If he wanted to get the satisfaction from the matter that I am statutorily bound to do he would have to waste a considerable amount of time.

We shall re-examine the question of selling by the glass. There have been meaningful objections to this in the trade. There would have to be different types of glass for different wines, for example. There is a danger of using a common measure, in that having been used for one wine it might contaminate others. These are difficulties which do not arise in the sale of spirits. I therefore want further consultation on the matter. I recognise that this is a possible loophole, which I should like to be closed as soon as possible.

Hon. Members have reflected my own instincts in connection with things like toothpaste, that either specified quantities or standard size tubes would be helpful. The advantage of using volume is that this would permit a standard size tube, whereas using weight could, with the differing densities of toothpaste, make real comparison difficult. On balance, therefore, as a stepping stone to the standard tube sizes the volume approach is probably the better of the two.

I was asked if I would undertake inquiries. Of course I will. If there are difficulties which appear insuperable I shall take them on board, but I hope that hon. Members will bear in mind the point that I made. It was also said that there might be difficulties for small firms. Formal consultation started a year and two months ago. People who felt they would be placed in a predicament by such orders as these have had a considerable time in which to adapt their procedures, as some of the larger manufacturers have.

A question was put about supplementary and amending orders. If the circumstances arose which demanded such orders I would obviously bring them before the House.

I put once more the point on which I opened. No one is pretending that these are other than modest measures. The question which must be answered—and every hon. Member will probably go some way with me on this—is whether or not to take action which could give some slight assistance immediately or to risk going through all the consultation procedures. Conceivably one has to consider facing the political uncertainties which confront the House over the next three or four years. We recognise that the survival of legislation can be put in a precarious position. I have done what I believed, on balance, was right. No one is pretending that we have come up with an ideal solution, which will go all the way to meeting what is needed. All we are trying to do is to give marginal further help that does not already exist. I hope that the House will feel able to agree to the orders.

Question put and agreed to

That the Weights and Measures Act 1963 (Dentifrices) Order 1974, a draft of which was laid before this House on 10th April, be approved.

That the Weights and Measures (Sale of Wine) Order 1974, a draft of which was laid before this House on 10th April, be approved.—[ Mr. Alan Williams. ]

European Secondary Legislation, &c

That a Committee be appointed to consider draft proposals by the Commission of the European Economic Community for secondary legislation and other documents published by the Commission for submission to the Council of Ministers, and to report their opinion as to whether such proposals or other documents raise questions of legal or political importance, to give their reasons for their opinion, to report what matters of principle or policy may be affected thereby, and to what extent they may affect the law of the United Kingdom, and to make recommendations for the further consideration of such proposals and other documents by the House.

That the Committee do consist of Sixteen Members.

The Committee was nominated of Mr. Ronald Bell, Mr. Peter Blaker, Mr. Tam Dalyell, Mr. Denzil Davies, Mr. John Davies, Sir Geoffrey de Freitas, Mr. Douglas Jay, Mr. Russell Johnston, Mr. David Knox, Mr. Edward Lyons, Dr. J. Dickson Mabon, Mr. Peter Mills, Mr. Ian Percival, Mr. John Roper, Mr. Julius Silverman and Mr. David Waddington.

That the Committee have power to appoint persons with expert knowledge for the purpose of particular inquiries, either to supply information which is not readily available or to elucidate matters of complexity within the Committee's order of reference.

That the Committee have power to send for persons, papers and records; to sit notwithstanding any Adjournment of the House: to adjourn from place to place; and to report Minutes of Evidence from time to time.

That the Committee have power to report from time to time.

That Five be the Quorum of the Committee.

That the Committee have power to appoint Sub-committees and to refer to such Subcommittees any of the matters referred to the Committee.

That every such Sub-Committee have power to send for persons, papers and records; to sit notwithstanding any Adjournment of the House; to adjourn from place to place; and to report to the Committee from time to time.

That the Committee have power to report from time to time the Minutes of the Evidence taken before such Sub-committee.

That Three be the Quorum of every such Sub-Committee.—[ Mr. Walter Harrison. ]

Housing (Scotland) Bill

Order for Second Reading read.

That the Bill be referred to the Scottish Grand Committee.—[ Mr. Millan. ]

Adjournment

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

Libyan Assets (Sequestration)

11.11 p.m.

It gives me great pleasure to have the opportunity of raising the severe problems of my constituent, Mrs. Starkings. It is one of the treasured rights of hon. Members to be able to raise in this way extreme and serious cases involving their constituents. I believe this to be such a case.

Mrs. Starkings is aged 82 years. She married an English tea planter, then living in India. They subsequently went to live in Libya, where they started a farm and built up an estate. During their time in Libya they bought a house in my constituency with the object of living part of the time in Libya and eventually retiring in Egham, which is in my constituency. All their real assets remained in Libya, in the form of the land, the cottages, the farm and the house in which they lived and worked. They had no other assets.

Mrs. Starkings was widowed, and shortly after that, in September 1970, there was a revolution in Libya and Colonel Gaddafi took over. At that time it was decreed that all non-Libyan nationals should leave the country with the minimum of delay. My understanding is that only three British families were involved in the exodus, but that two of them were in fact Maltese. So as I understand it, we are dealing with only one British case, namely that of Mrs. Starkings.

The assets that Mrs. Starkings left behind when she had to flee the country summarily and late in life were then of the value of £150,000. It may be said that Mrs. Starkings is a wealthy woman. Indeed, in Libya, as a widow, she was a wealthy woman. On leaving Libya she came to Britain with nothing other than her personal possessions. That happened late in life. She left in Libya assets which today—if such assets can now be valued in Libya, which may be rather difficult—on a conservative estimate must be worth approximately £220,000.

Since that time nationals of other countries who had to leave have had their compensation negotiated by their own national Governments and Colonel Gaddafi. Some French and Belgian nationals have had their compensation paid for in small quantities. Mrs. Starkings is the only British subject with whom the British Government have had to deal.

It was when Mrs. Starkings arrived in Britain in the difficult circumstances that I have described, and with a modest house in my constituency, that I started to take up the case and to ask the Foreign Office for help. I must pay a full and sincere tribute to the assistance and cooperation that the Foreign Office has given, and a special tribute to the British Embassy in Tripoli, which I know has worked very hard.

A letter from the then Minister of State in October 1973 outlined the case, and said:

However, that shows that the British Government and embassy were working very hard on Mrs. Starkings' behalf. It may well be said that if the British Government were to make an interim payment, or some such payment, it would be creating a precedent, but I want to quote from HANSARD in reference to a situation in which British people had been dispossessed of their assets in the Egypt. An answer in HANSARD of 17th February 1969, referred to the way in which the Egyptian Compensation Fund was dealing with British people who had their property and assets sequestrated in Egypt. Those negotiations had been going on for many years by then, but many British people, because of the determination of the British Government over the years, succeeded in getting their outstanding payments settled. The answer said:

I believe that the hon. Gentleman will accept that in Mrs. Starkings' case the circumstances are extremely cruel. We have to see where we go from there. Can the Government help by some form of interim payment? What is the situation in Libya itself? Libya is a rich and powerful Arab country which has been increasingly flexing its muscles since the 1970 revolution. Yet, even with such a policy being pursued in Libya, British companies which have had their property sequestrated—BP and others—have been able successfully to negotiate compensation. No doubt Her Majesty's Government assisted them, and quite rightly. But I am asking tonight on behalf of my constituent that they should continue to take a determined line to try to help this widow of 82.

Today, in the latter part of her life, she badly needs funds to be able to live out her last few years in peace and comfort. I can only hope that Her Majesty's Government will continue in direct negotiation with the Libyan Government. I understand that there is a possibility of Libyan officials visiting this country in the near future. I hope that I can have an assurance that this case, which is probably the only remaining case of a personal nature, will be taken up with the Libyan officials when they visit London and can be dealt with across the table. I hope that it will be possible to discover from them how soon compensation can be secured for my constituent.

If it seems that securing compensation will take a long time, I hope that Her Majesty's Government will consider making an exception in this case which is. indeed, exceptional—as was the Egyptian case which I mentioned earlier—and see whether they can make a payment on account to help this lady in her extreme difficulties, pending a final settlement of compensation by the Libyan Government. I trust that this plea on behalf of my constituent will not be unheeded by Her Majesty's Government or the Libyan authorities.

11.21 p.m.

I thank the hon. Gentleman for raising this matter on behalf of his constituent. One of the great points of the House is that it is possible for an hon. Member to raise a matter relating to just one individual case. I want the hon. Gentleman to pass on to his constituent the message that I and the Government have much sympathy for her and are anxious to help in any way we can.

I shall first put the case in the wider context. The Libyan Government, since the revolution in September 1969, have taken over British interests with a total value of about £250 million. The nationalisation measures have affected all British interests in banking, insurance and petroleum marketing in Libya, as well as the property of a number of individuals, of whom Mrs. Starkings was one. In certain cases the Libyans have offered to pay compensation, but in only one case has payment been made and no payment has been offered to any individual claimant.

The Embassy in Tripoli has been actively pressing these claims on the Libyan Government. I agree with the hon. Gentleman that Mrs. Starkings' case is particularly distressing and difficult. It affects an individual who is not well placed to look after her own interests because of her age and because she is a widow.

The Foreign and Commonwealth Office and the embassy in Tripoli have been aware of her claim for over three years. It was brought to the attention of my predecessor by the hon. Gentleman in July 1971.

Since the nationalisation decree was promulgated in September 1970 the embassy has been trying to get the Libyan Government to indicate how much compensation they are prepared to pay Mrs. Starkings, and when it will be paid. The embassy has also urged the Libyan authorities to make Mrs. Starkings some kind of advance pending a final settlement of her claim. These representations to the Libyan Government have been repeated on many occasions, and Mrs. Starkings' case has been taken up by the ambassador with the Libyan Prime Minister, Major Jalud. Our last representations were as recent as 8th April, when a further Note was delivered to the Libyan Government. I appreciate the tribute paid by the hon. Member to the efforts of our ambassador and his staff on behalf of Mrs. Starkings.

Unfortunately, these representations, like those of other Governments on behalf of their nationals, have so far been fruitless. We deeply regret this and understand very well the distress that the continued withholding of compensation must be causing to the individuals concerned, but we think that it is only through repeated approaches of the kind we have been making that we shall be able to bring the Libyan Government to recognise its duty both to pay compensation and in the meantime to assist Mrs. Starkings by making her a cash payment in advance of settlement in full.

One suggestion, not by the hon. Member, made in a letter to the Prime Minister, was that Mrs. Starkings' case should be taken to the International Court of Justice. The difficulty here is that the Libyans do not accept the jurisdiction of the court. As the court can only act when its jurisdiction is accepted by the States concerned, it would have no jurisdiction to deal with this case.

I have to make it clear that Her Majesty's Government have no legal obligation towards Mrs. Starkings. We have sympathy, but no legal obligation. To put it bluntly, it was Mrs. Starkings herself who chose to take her money out of the United Kingdom in 1928 and invest it in Libya. Her Majesty's Government were in no way responsible for the events leading to the expropriation of the property. The decree taking it over affected other foreign nationals and some naturalised Libyans and was in no way connected with any action taken by Her Majesty's Government.

It would not be right for Her Majesty's Government to disregard the legal position and make an advance, as the hon. Member suggested, to Mrs. Starkings pending the settlement of her claim by the Libyan Government. The existing principle is that Her Majesty's Government do not compensate their nationals in peace time in respect of losses or injuries sustained outside their jurisdiction. To breach this principle might prevent the reaching of agreements by the claimants and the Governments concerned, and might well encourage overseas Governments to evade their liabilities in the hope that Her Majesty's Government would pay compensation. It might even encourage foreign Governments to take the sort of action from which Mrs. Starkings has suffered. It would be, for a variety of reasons, a dangerous precedent.

The hon. Member mentioned the case of Egypt as a precedent. The circumstances were different then because Her Majesty's Government accepted a measure of blame for the circumstances which led to properties being taken over. I do not need to lead the hon. Member through the history of those events, in which Her Majesty's Government of the day certainly played a full part.

The hon. Gentleman knows that we are very much aware of Mrs. Starkings' dilfficulties and of the sad situation in which she has been placed. I assure him that we shall continue to do all that we can to press her claim with the Libyan Government. We shall lose no opportunity to remind the Libyans of their responsibilities towards her and the other individuals and companies who have not yet received compensation from the Libyan Government for the losses they have suffered.

The hon. Gentleman said it was his impression that a delegation of senior Libyan officials might be coming to London. No arrangements have yet been made for such a visit but if one does take place we shall wish to raise the question of compensation for property and assets nationalised by the Libyan Government. I can assure the hon. Gentleman that we shall, in particular, refer to the case of Mrs. Starkings, as well as others. I assure the hon. Gentleman that while we cannot do what he would wish, which is to make an interim payment ourselves, we shall continue to bring every possible pressure to bear upon the Libyan Government to accept responsibility for the situation which they have created.

I am grateful for the sympathetic way in which the Minister has tried to deal with this matter. Will he enlarge a little on the meeting which the ambassador had with Major Jalud in April? Were any promises or assurances given, or was it just noted?

I cannot give the hon. Member the details—I think it would not be proper for me to do so even if I were able—but I can assure him that on 8th April the matter was brought to the attention of the Prime Minister, so he was aware that this was an issue which, even though it affected only one of Her Majesty's subjects, we took it very seriously.

I cannot say what assurances, if any, were given; I can simply say that this was a further example of the way in which, at the highest level, our ambassador and his staff have continued to make representations on behalf of the hon. Member's constituent.

Question put and agreed to.

Adjourned accordingly at half-past Eleven o'clock.