House Of Commons
Monday 13 May 1985
Prayers
[MR. SPEAKER in the Chair]
Royal Assent
I have to notify the House, in accordance with the Royal Assent Act 1967, that the Queen has signified Her Royal Assent to the following Acts
Private Business
Yorkshire Water Authority Bill (By Order)
Order for Second Reading read.
To be read a Second time upon Thursday 6 June.
Oral Answers To Questions
National Finance
Economic Activity
1.
asked the Chancellor of the Exchequer what recent representations he has received regarding further signs of an increase in economic activity.
The latest CBI quarterly survey of manufacturing industry recorded an upsurge in business optimism, the fastest ever rise in export orders and the expectation of continued and accelerating growth in output.
For some years now Treasury Ministers have been making very optimistic noises about an economic recovery, yet unemployment continues to rise. When does my right hon. Friend expect that his economic policies will be so successful that unemployment will start to fall?
If my hon. Friend had listened carefully to the answer that I gave to his original question he would have heard that those expectations were not mine but those of the membership of the CBI, as recorded in the CBI's industrial trends survey. But my hon. Friend is quite right, in that we are all greatly concerned about the fact that unemployment is high and still rising. Equally, I am sure he will acknowledge that a remarkable recovery and upswing is now going on in the United Kingdom's economy, which has already led, over the past two years, to more new jobs being created in this country than in the rest of Europe put together. I do not know when that will lead to a reduction in unemployment, but obviously the sooner the better for both my hon. Friend and the Government.
Will the Chancellor of the Exchequer bear in mind that even if he succeeds in deluding himself about the figures, he is not deluding anyone else? Will he consider not only the selective figures that he chooses but the Government's own figures from the central statistical office, which show that the socalled economic recovery will falter next year even from its present level? What does the right hon. Gentleman intend to do about it? When will he learn the lessons, arid when will he change course?
As is customary, the hon. Gentleman is talking complete rubbish. I can remember being told in 1982 that the recovery would peter out in 1983. Then, when it continued strongly in 1983, we were told that it would peter out in 1984. But when it continued in 1984, we were told that it would peter out in 1985. Recovery is continuing strongly this year, but of course the hon. Gentleman says that it will peter out in 1986. He should learn from experience and recognise that so far the Government's forecasts have been proved right.
Has my right hon. Friend noticed that, particularly in Leicestershire, significant shortages are emerging of skilled and semi-skilled workers in manufacturing industry, as has been reported in the local newspaper? Are the Government giving that some attention, in order to see what can be done to alleviate the situation?
My hon. Friend is quite right. Incidentally, I commend the Leicester Mercury on its "jobs going begging" feature to which my hon. Friend has alluded. We are increasing expenditure on training substantially at both ends of the training spectrum. With the assistance of industry, we hope to expand the youth training scheme to a two-year scheme with a genuine training content that leads ultimately to a recognised qualification. At the same time, we are switching resources within higher and further education in order to produce more of the highly skilled technologists that industry badly needs.
The Chancellor of the Exchequer has told the House that he does not know when unemployment is likely to fall, but we all know that a forecast is made internally for the Treasury that must include such figures. Why does he not tell us the Government's estimate, even though we know that he dare not admit that there will be no significant fall in the foreseeable future?
I do not admit any such thing. We do not know precisely what the unemployment trend will be. Indeed, this Government, previous Conservative Governments and the Government in which the right hon. Gentleman served, have never forecast unemployment figures.
Job Creation
2.
asked the Chancellor of the Exchequer what representations he has received from the Confederation of British industry about the number of new jobs created since May 1979.
None. But the CBI's post-Budget forecast projected a 1 million increase in jobs between March 1983 and the end of this year.
Should not that excellent news be broadcast and trumpeted throughout the land? Will it not come as a severe embarrassment to the alliance, which said in its 1983 election manifesto that the biggest early increase in employment that was foreseeable under its inflationary programme involved substantially fewer than the 1 million extra jobs which we are on target to create under this Government's proven economic policies?
My hon. Friend makes a telling point. Conservative performance on employment since the 1983 general election is better even than the promises which the alliance made at the election.
Has the CBI made any representations about the derisory £10 million which the Government are making available to NCB (Enterprise) Limited to provide alternative employment in the coalfields? Is he aware that at Horden colliery in my constituency, which it is proposed to close, there is no alternative employment and that that area alone could use £10 million for the provision of alternative employment? What advice has the Minister to offer to the 1,200 miners and their families who are facing a very dull prospect?
I am not aware of any representations from the CBI on the point raised by the hon. Gentleman. Indeed, it is a matter for my right hon. Friend the Secretary of State for Energy.
Does my hon. Friend agree that there is a growing problem with the thousands of new jobs being created in the hotel and tourist industry, especially in the south-east of England, because increasingly the industry is having to employ foreign labour? What action do the Government intend to take?
Difficulties flow from what is, to some extent, a social attitude by our fellow countrymen towards working in the hotel and catering industry. I was listening to persuasive comments by my right hon. Friend Lord Young on that very question on the radio this morning. I commend the advice that he gave.
How can the Minister claim that the Chancellor's free market solution to the problem of unemployment is successful when there were more than 25 million people in work in June 1975, but by December 1984 there were only 24 million in work?
I would have thought that the hon. Lady would wish to commend the fact that since the last general election and by the end of this year a million new jobs will have been created. If that promise had been made by Ministers during the general election campaign, Opposition Members would have laughed. The reality is that that is the forecast for the end of the year.
Foreign Exchange Markets
3.
asked the Chancellor of the Exchequer what recent discussions he has had with his counterpart in the United States of America about concerted intervention in foreign exchange markets.
These matters will no doubt be discussed at the ministreial meeting of the G10 in Tokyo, which I shall be attending.
There was a successful innovation of concerted intervention in the foreign exchange markets at the end of February. Will the Chancellor communicate some confidence to exporters and others by ensuring that plans for concerted intervention stand ready to be used as a weapon against undue turbulence in the foreign exchange markets?
The role of concerted intervention is limited, but from time to time it can be useful. The hon. Gentleman was right to say that the concerted interventions in January and February were successful. Of course, that can be reactivated at any time that appears appropriate. The role of concerted intervention is relatively modest, although it can be and has been useful at times.
Will my right hon. Friend take steps at the G10 meeting to secure contingency arrangements to deal with the possible collapse of the dollar exchange rate, which could have most serious effects on United States interest rates, the debt crisis in South America and elsewhere and, indeed, the stability of the international system?
I listen carefully to my right hon. Friend, but I should have thought that a fall in the exchange rate of the dollar and of dollar interest rates would, on balance, be helpful to debtor countries in particular and to the world economy as a whole. As for contingency plans, every country, including the United Kingdom, bears in mind what might happen and has views on how it might react in such circumstances.
Public Bodies (Bulk Buying)
4.
asked the Chancellor of the Exchequer, in respect of public procurement policy, what evidence has been made available to him about the influence on suppliers' prices of bulk buying by public bodies.
The matter was covered in the report on Government purchasing submitted to the Prime Minister last December.
Has the Chief Secretary considered the problem, especially for new and small businesses, of public bodies combining too much, thus being able to dictate prices in the market so much that it becomes a corporate state and small businesses are unable properly to compete in a fair market?
I do not think that there is any evidence that we are moving towards a corporate state under this Government. It is not for me to speculate about what might happen under other Administrations. It is the Government's policy to improve small firms' access to Government contracts.
Should there not at the least be a duty on each Department of State to report to the House the percentage of public procurement that has been purchased from small firms?
I am aware of American precedents on this matter, but I should like to reflect on the additional administrative costs incurred by Departments. I am sure that the House and my hon. Friend are keen that administration costs should be kept as low as possible.
Unemployment Costs
5.
asked the Chancellor of the Exchequer what is the increased cost to the Treasury in benefits paid and tax and national insurance revenue forgone for every 1 per cent. increase in unemployment.
The extra cost of benefits paid from a 1 per cent. increase in the level of unemployment is about £65 million. It is not possible to estimate the revenue forgone.
Is the right hon. and learned Gentleman aware, or will he admit, that there has been a nine percentage points increase in unmployment since 1979, when his party took office, and that there has been a massive cost to the country as well as to the people involved of keeping on the dole people who want to work? As the Government now claim that we are living with eonomic recovery and prosperity, although there is no decline in unmployment, will they seriously try to spend some of the money on creating essential jobs in the public service rather than on keeping people suffering in unemployment?
The hon. Lady has fallen into some error. There is no question of Government policies keeping people in unemployment. She might be aware that the Government are already spending more than £2 billion a year on job creation measures. The House and the hon. Lady will, I hope, be consoled, even if they will not accept the Confederation of British Industry forecast, by the fact that at least 600,000 jobs have been created since March 1983.
Is my right hon. and learned Friend aware that, between June 1983 and June 1984, an extra 30,000 jobs were created in Norfolk? Does that not show that Norfolk firms are winning the battle to create new jobs and to bring down unmployment?
I am interested to hear my hon. Friend's statistic. I am sure that the Government's measures are paying off in Norfolk as they are in other parts of the country. I am glad to congratulate Norfolk's economy on its flexibility in response to our measures.
Is the right hon. and learned Gentleman aware that, contrary to what he said about not keeping people unemployed, if the Government decided to invest about £1 billion a year in various forms of constructive activity, about 30,000 jobs could be created by that expenditure?
The right hon. Gentleman's figures are possibly a little suspect, but I hope he will take comfort from the fact that private and public sector investment was running at a record level last year and that that level is likely to be improved on this year.
Revenue Raising
6.
asked the Chancellor of the Exchequer whether his Department is considering any changes in methods of raising revenue.
My right hon. Friend's proposals for this year are in the Finance Bill.
Will the Treasury firmly reject the halfbaked idea of some Tory Members to replace the rating system with a regressive flat rate poll or residence tax, which, whatever it might be called, would be a tax on democracy, especially if people had to pay several hundred pounds a year for the right to vote? Does the hon. Gentleman agree that that would be an even bigger afront to democracy than using a £50 million rate rebate to bribe the Scottish Tory party conference in a vain attempt to try to stop Scottish Conservative Members from becoming an endangered species?
While not for a moment accepting the points made by the hon. Gentleman in that supplementary question, I welcome his interest in the means of raising revenue. What I hear from him most of the time in the House are ways of spending taxpayers' and ratepayers' money.
Does my hon. Friend agree that one way to raise taxes would be by the method enunciated by the right hon. Member for Birmingham, Sparkbrook (Mr. Hattersley) in his Tribune message, namely, to soak people earning over £20,000 a year because they are supposedly rich?
Some of the proposals that have emanated from Opposition Members have been arrant nonsense.
Do the Minister's replies on this issue mean that the career of the Chancellor as a tax reformer is now effectively at an end? If not, what plans for tax reform are coming forward?
If the hon. Gentleman reflects on what my right hon. Friend said in his Budget speech —certainly in respect of national insurance contributions and his proposals on personal taxation—he will see that his reputation as a tax reformer has been enhanced by his Budget proposals.
As one who does not feel like an endangered species—[Interruption.] —and is unlikely to become one, may I ask my hon. Friend to bear in mind when considering taxation changes that the Labour party in Scotland has for decades bought votes by the way in which it has engineered the rates and the rating system?
The Labour party's record in Scotland in this respect is appalling. I am sure that my hon. Friend and many of his colleagues draw attention to that fact when they are in their native land.
Taxable Income
7.
asked the Chancellor of the Exchequer if he will estimate what increase would be required in the top rate of income tax to yield the same income to the Treasury as would be lost if the first £1,000 of taxable income were to be taxed at 15 per cent. instead of 30 per cent.
To finance the £3·3 billion needed for such a lower rate tax band would require a confiscatory rate, of 100 per cent. for all taxable income over £20,000, on the theoretical assumption that there would be any such income to tax.
Despite that reply, does the hon. Gentleman agree that it would be more equitable to assist those paying the lower rate of taxation, to shift the burden on to those who have more ability to pay? Does he further agree that the present taxation system is inequitable, bearing in mind that the first act of the Conservatives on taking power in 1979 was to reduce the top rate of tax from 83 to 60 per cent.?
If, instead of making absurd suggestions, the hon. Gentleman examines what has already been done in the Budget, he will see that, as opposed to his peculiar proposal, which would benefit—if it were able to be put into practice—a married couple with earnings of £85 a week by £2·88, the Budget measures, on NIC and taxation alone, without his absurd conditions, have advantaged the same family by £3·43 a week.
Does my hon. Friend recall that the top rate of tax under the last Labour Government, at 98 per cent., was equalled in the world only by the Republic of Togo? Does he agree that, admirable though that country's social system may be, it is not necessarily appropriate for this country, particularly as the Labour party has threatened to reintroduce that top rate of taxation?
It would be inappropriate for me to comment on the Republic of Togo. However, it is appropriate for me to comment on the absurdity of the taxation nostrums of Opposition Members.
Does not my hon. Friend's answer to this ill-informed and naive question show beyond doubt that the Labour party's principal concern is not redistribution but confiscation?
My hon. Friend is right. It is not only confiscation but a complete inability to understand what actually benefits those who are at the bottom of the scale.
Overseas Private Investment
8.
asked the Chancellor of the Exchequer what is the current level of total overseas private investment compared with 1979.
The total value of United Kingdom private investment overseas has risen from £43 billion at the end of 1979 to £158 billion at the end of last year.
Is the Chancellor of the Exchequer aware that had that rise of over £115 billion been spent in Britain it could have provided 1,000 new general hospitals—[Interruption.] —1,000 new general hospitals, 7,000 new large comprehensive schools— —
What, 1,000 hospitals?
And almost—[Interruption.] —
Order. The hon. Gentleman has as much right to speak as anybody else.
And almost 750,000 three-bedroomed houses. Does the right hon. Gentleman not consider that working people in this country would far rather have seen alleviation in the health, education and housing sectors than the Government allowing that £115 billion to chase the super-exploited labour, the cheap labour, of South Africa, Brazil, Korea or Argentina?
I hope that I have your indulgence, Mr. Speaker, to answer the hon. Gentleman's questions fairly fully. First, the bulk of that investment has not been in the cheap labour countries to which he referred, but in the cheap labour country of the United States. Secondly, it is not just the sum of annual flows across the exchanges, but it includes the appreciation in value of the investments that have been made overseas, which has been very substantial. Thirdly, it has in no way prevented investment in this country. In fact, total United Kingdom fixed investment last year was at the all-time record of £55 billion.
Is my right hon. Friend satisfied that every Government Department is proving maximally helpful to organisations and communities in this country that are seeking to bring private investment from overseas?
A considerable amount is being done to attract foreign investment from overseas. Over the past few years it has been running at between £3 billion and £4½billion a year. However, this is a particularly important point. Our investment overseas will bring in increasing revenues and, in terms of foreign exchange, increasing invisible earnings over the years that lie ahead.
Why does the Chancellor of the Exchequer take such a contemptuous attitude towards those who believe that the profits made in this country should be reinvested in this country? Has he forgotten that the Conservative party used to claim to be the party of patriotism?
That sort of jibe is unworthy of the hon. Gentleman. The Conservative party is certainly the party of patriotism. It is also the party of the open trading system. That system applies to the capital as well as the current account.
Commonwealth Games, Edinburgh
9.
asked the Chancellor of the Exchequer how many £2 coins are to be issued to commemorate the Commonwealth Games in Edinburgh in 1986.
As many as demand requires of the standard version, and decisions about the collectors' versions have yet to be taken.
Is my hon. Friend aware that the issue of commemorative British postage stamps makes a substantial profit? Will the Treasury emulate the Post Office and issue on a more regular basis commemorative coinage which might, if profitable, compensate the British public for having to carry around in fast-wearing-out pockets these objectionable lumps of metal instead of the popular and far more practical bank notes?
This commemorative issue will be widely welcomed. My right hon. Friend the Chancellor of the Exchequer has not ruled out the possibility of further commemorative issues. It is rather sad to muddle this matter up with the controversy about the £1 coin and the £1 note.
Since the 1979 pound is now worth 55p in real terms, would it not be more realistic to issue a rubber £5 note so that the currency could stretch a little further?
Certainly not. If the policies which the hon. Gentleman and his party espouse had been put into effect, the pound would have been worth a good deal less.
Coal Industry Dispute
10.
asked the Chancellor of the Exchequer what was the total cost to the Government as a result of lost taxes during the miners' strike.
After taking account of increases in revenue from, for example, heavy fuel oil duty, the direct loss of tax and national insurance contributions was of the order of £150 million net.
According to today's opinion polls, the Conservative party is suffering from a terminal bout of anorexia nervosa. I should like to ask the Government about their policies. They have just made certain confessions. The miners fought for a year against the closure of pits by the Government without any discussion with the men working in those pits. Having lost all that money, and about £7 billion on top of that, the Government are now closing pits at a terrible rate without a democratic discussion with the people working in those pits. Can the Financial Secretary justify his answer, having pushed the British people into a dilemma for 12 months because of the loss of that money?—[Interruption.] Mr. Speaker, I am asking the Economic Secretary an honourable question.
Order. The hon. Member's question had a long preamble.
The preamble and the substance of the question were rubbish and a total refutation of the efforts, not only of all the miners who worked throughout that strike, but of all the miners who have suffered from the type of brutality that we have seen because some Opposition Members supported naked Scargillism.
Does my hon. Friend agree that a far more pertinent question would be about the cost to the taxpayer of an uneconomic coal industry with the miners not on strike?
Not only is my hon. Friend right, but a far more pertinent question would be about the loss to our nation and the coal industry resulting from that type of strike. Happiness for our country lies in the fact that the strike is over. We should seek to mend the problems that the industry faces and be pleased that that industry is back at work.
Privatisation
11.
asked the Chancellor of the Exchequer what is his estimate of the net capital gain and revenue loss, respectively, to the Exchequer from the privatisation of publicly owned enterprises since 1979.
Capital receipts from special sales of assets since 1979 amount to some £5 billion. The overall revenue effects cannot be calculated, but what is clear is that privatisation has invariably led to greater efficiency, better industrial performance and wider share ownership.
Given the Prime Minister's continued lectures to the effect that the United Kingdom's economy can be compared to the corner shop in which she grew up, does the Chancellor agree that the owner of a corner shop would not regard selling off capital to boost the current year's turnover as a prudent move?
The hon. Gentleman seems to have overlooked the fact that the concerns that have been privatised remain part of the United Kingdom economy, even when they cease to be owned by the state, and, indeed, become a much more successful part of the United Kingdom's economy, to the beneift of the whole country.
Has my right hon. Friend noticed the recent press interview given by the right hon. Member for Birmingham, Sparkbrook (Mr. Hattersley) in which he advocated the renationalisation of British Telecom? Does my right hon. Friend agree that such a move would be the most appalling waste of taxpayers' money and would deprive hundreds of thousands of workers of their first experience of share ownership?
My hon. Friend is absolutely correct. That is what the Labour party pledges it will do. All those who hold British Telecom shares should be made widely aware of that. Nevertheless, this will not be put to the test, because the Labour party will not be in government.
Does the Chancellor think that the privatisation programme has had any impact on the inflow of funds to building societies?
I do not know.
Does my right hon. Friend agree that the companies privatised since 1979 have, without exception, increased their profitability, and that they are making and will continue to make a sizeable contribution to the exchequer?
My hon. Friend is right. All those companies, without exception, have improved their profitability—some of them to a substantial extent—as a direct consequence of privatisation. They have also improved their industrial relations, and the work forces have made it clear how much better they feel now that they are in the private sector. As a result of privatisation we have also doubled the number of people who directly own shares, and that is of the first importance.
Is not the figure of £5 billion that the Chancellor gave earlier dwarfed by the sum of £12,000 million raised by the sale of council houses and other local authority assets since 1979, precious little of which has been reinvested in housing for the homeless and others in need? Is the Chancellor aware that the most recent figures for new orders for council housing for the first quarter of this year total a mere £174 million, 21 per cent. down on the first quarter of last year? When will the Government stop frittering away the nation's assets?
When will the Labour party make its policies clear? It began by opposing the sale of council houses. I was then given to understand, from a speech made by the hon. Member for Birmingham, Perry Barr (Mr. Rooker), that the party was backing off that policy and coming to terms with the sale of council housing. Now the hon. Lady seems to oppose the sales. Will she please make her party's policy clear?
Service Employment
12.
asked the Chancellor of the Exchequer what representations he has received from the Confederation of British Industry about expanding the United Kingdom manufacturing base as a means of creating service employment.
None, Sir.
Does the Minister recall his answers to questions Nos. 1 and 2, when he referred to the CBI's expectations about the creation of a million new jobs by the end of 1985? Is the Minister further aware that the leading personalities of the CBI have now broken with their past mutual admiration for the Chancellor and have become increasingly critical of him? They now support the view of the Centre Forward group that the Chancellor has totally let down manufacturing industry by his opinion that it is totally irrelevant. Is he aware that they believe that he has failed to deliver the incentives that he promised manufacturing last year, with the consequence that those million new jobs will not be delivered by the end of the year?
The CBI can speak for itself. It is obvious that the hon. Gentleman did not attend the CBI dinner earlier this week, where he might have heard a different story. If the House doubts the Government's commitment to the manufacturing sector, I repeat the words of my right hon. Friend the Chancellor of the Exchequer to a Select Committee in another place:
My right hon. Friend was referring to the manufacturing sector."the most important source of output and jobs and the more competitive it is, the better off we shall all be as a nation".
Mr. Nicholas Winterton.
I am somewhat surprised by your hesitation, Mr. Speaker. Does my right hon. and learned Friend accept, and will he assure the House, that he and his Front Bench colleagues realise that manufacturing industry is the real source of the wealth needed to create a permanent long-term increase in employment in the service sector? Will he therefore continue to promote policies that will ensure the future success of British manufacturing industry? In the textile and clothing industries, a leading industrialist has said that, given the right climate—
Order. The hon. Gentleman has demonstrated why I was hesitant.
It is not for me to come between the Chair and my hon. Friend on such delicate matters.
We do not believe that any one sector of the economy is contributing exclusively to the prosperity and success of the nation, but we recognise the importance of the contribution made by the manufacturing sector. To reassure my hon. Friend and the House of the success of that sector under the present Government, I remind them that manufacturing exports rose from £40 billion in 1983 to £46 billion last year.Is it not the case that our share of world manufactures since 1979 is down, as is our share of world trade and tradable services? Is it not about time that the Minister realised that the people want an industrial policy that addresses our problems and not an arrogant pretence that they do not exist?
I can tell the hon. Gentleman one thing that he has overlooked. We have cut, rather than piled on, expenses for manufacturing, particularly the cost of employment in the manufacturing sector.
Inflation
13.
asked the Chancellor of the Exchequer if he will list those advanced industrial countries which, compared with a year ago, have a rate of inflation which is (a) increasing faster than that in the United Kingdom and (b) increasing more slowly.
Inflation in other major industrial countries has decreased compared with a year ago.
Is the Minister not saying that we are the only major advanced industrial country which, on a year ago basis, is showing increasing inflation, and that all our competitors are doing better? Does this not show that, given that getting inflation down is a central plank of the Government's economic policy, on this as on other measures they have failed?
No, it shows that there is no comfort for the Labour party, as all the other countries have rejected the policies that it propounds.
Has my hon. Friend had the opportunity of comparing our economic performance with that of, for example, Socialist France and Spain? What conclusions has he drawn from the remarkable failure of Socialist policies there over the past few years?
My hon. Friend has underlined the point that I made a moment ago.
Government Receipts
14.
asked the Chancellor of the Exchequer what proportion of total Government receipts were met by taxes on income and taxes on spending, respectively, in 1984–85; and how these figures compare with 1978–79.
As a percentage of total general Government receipts, taxes on personal sector spending increased from about 27 per cent. in 1978–79 to around 28½ per cent. in 1984–85, while personal income taxes have declined from 29½ per cent. in 1978–79 to 24 per cent. in 1984–85.
I recognise that that answer is broadly in line with the Government's intentions way back in 1979, but does my hon. Friend think that the proportions are about correct, or would he like the trend to continue?
Clearly, the Government believe that it is essential, if we are to encourage initiative and enterprise, to seek further reductions in direct income tax. That must be the aim if there is to be scope for my right hon. Friend the Chancellor to reduce direct taxation.
Employment (Tax Relief)
17.
asked the Chancellor of the Exchequer what recent representations he has received advocating taxation reliefs for employers who recruit new and additional personnel on to their payrolls.
We have received one letter about this. The costs of recruiting and employing staff are already fully allowable for tax.
Will my right hon. and learned Friend take note of the fact that in our taxation system it has been historically an orthodoxy to give tax relief to people who invest in new plant? Why could we not give some serious thought to tax relief for those who invest in new labour?
If my hon. Friend will reflect on the reforms in the Budget last year he will see that my right hon. Friend the Chancellor redressed the balance between capital-intensive industries and labour-intensive industries.
Sterling M3
18.
asked the Chancellor of the Exchequer to what factors he attributes recent increases in sterling M3; and what effect he expects them to have on future levels of inflation.
Accelerated borrowing to take advantage of 1984–85 level of investment allowances was clearly a major factor in the erratic increase in £M3 in April. MO remains well on track. I expect inflation to resume its downward path in the second half of the year.
In view of that reply, would the birds fall from the trees if we stopped publishing monthly figures straight away—at once?
I am not sure whether any birds would fall from the trees, but I am sure that I would be widely attacked, not least by my right hon. Friend the Member for Worthing (Mr. Higgins) for obscurantism of the worst sort if we ceased to publish figures. Even if we did not publish them, we would continue to be guided by them, among other statistics.
Does the right hon. Gentleman agree with Mr. Coleby, of the Bank of England, who said to the Select Committee on the Treasury yesterday that our domestic monetary arrangements are out of control?
I do not think that Mr. Coleby said that—
Yes, he did.
If he said that, I totally disagree with him.
Public Sector Borrowing Requirement
19.
asked the Chancellor of the Exchequer what factors he takes into account in determining the level of the public sector borrowing requirement.
The principal factor is the need to ensure that the public sector borrowing requirement can be financed in a non-inflationary way without crowding out private sector borrowing.
Does my right hon. and learned Friend agree that the safe reduction of interest rates is now of maximum importance? If so, does he believe that such a reduction is dependent on having a lower public sector borrowing requirement?
Certainly we would welcome a decline in interest rates, and my hon. Friend will know that they are an indispensable adjunct in controlling inflation. I recognise the connection that he draws between interest rates and the PSBR.
Indirect Taxation
23.
asked the Chancellor of the Exchequer what has been the shift in the percentage of revenues raised from indirect taxation since 1979.
Indirect taxes accounted for about the same proportion of total general Government receipts in 1984–85 as in 1978–79. Within indirect taxes, taxes on expenditure accounted for about 1 per cent. more in 1984–85 than in 1978–79.
Why are the Government so intent on steadily withdrawing rate support grant from the activities of local authorities, thereby increasing indirect taxation even more?
We seek a proper balance between the resources provided by central Government and those provided by the local electorate. We seek a local taxation sytem that is more responsive to the local electorate.
Prime Minister
Engagements
Q1.
asked the Prime Minister if she will list her official engagements for Thursday 23 May.
This morning I presided at a meeting of the Cabinet and had meetings with ministerial colleagues and others. In addition to my duties in this House, I shall be having further meetings later today.
Will my right hon. Friend take this opportunity to repeat the message that she gave to the women's conference yesterday, for the benefit of those on the Opposition Benches and the country at large, and point out that the Government have consistently increased spending on health, social security, social services, transport and various other things? Will she nail the myths about cuts? Will she take the opportunity to repeat that message until the country gets it?
I am grateful to my hon. Friend for underlining the points that I made yesterday. May I point out, in regard to the National Health Service, that the only cuts that we have made are cuts in waiting lists, and they are very welcome.
On Tuesday the Prime Minister gave a forecast for the inflation rate at the end of the year. Will she be as forthcoming today about the unemployment figures? At the end of the year, will they be up or will they be down?
No one has ever given a specific forecast on unemployment when answering from this Dispatch Box, either as a Labour or as a Tory Minister. No one really can.
How can the Prime Minister be so specific about inflation rates in six months' time and so vague and evasive about unemployment rates in six months' time? How could she be so bold yesterday with the Tory ladies conference and so coy today with the House of Commons and the public? Is it not the case that she knows very well that unemployment will continue to go up and that that is a disgrace and a strain on her Government? What will she do about getting the unemployment rate down?
The real answer to the first part of the right hon. Gentleman's question is that inflation is generally easier to predict over the short term than unemployment. Every Minister has recognised that. With regard to asking me to underline the message I gave yesterday, I am delighted to do that. Doctors and dentists are up nearly 10,000, nurses and midwives are up 57,000, home helps are up 3,000, health visitors are up 900, district nurses are up 1,700, patients treated are up 3·5 million each year, and teachers' pay on average is up 9 per cent. in real terms over what it was under Labour.
I am glad that the right hon. Lady said that. There are now more nurses unemployed, more qualified doctors unemployed, and more qualified teachers unemployed than ever before. When will she get unemployment down? What will the trend be at the end of the year?
There are also 600,000 more jobs than two years ago. The way to tackle the unemployment is to create more jobs.
Has my right hon. Friend had an opportunity to read the report of the Home Affairs Select Committee on hard drugs, which was published today? Does she agree that one of the most serious problems facing the British people is the menace of hard drugs? Does she agree with the recommendations for new legislation to deal with the seizure of assets and to stop the traffickers in their tracks?
The Government will consider the report of the Select Committee carefully. As my hon. Friend knows, we have already made a statement of our strategy for drugs, and I am happy to confirm that we intend to introduce legislation to seize and confiscate the proceeds of drug traffickers.
The Prime Minister does not believe the old public opinion polls, does she?
No, Sir—whatever they say.
Does my right hon. Friend accept that "restoring standards" appears to mean—to the National Union of Teachers—raising teachers' pay, while to the rest of us it means improving standards of education, discipline and apolitical commitment to students? Will she, therefore, take time today to confirm that the unions cannot hope to achieve what they want unless they are prepared to give the country what it needs?
My right hon. Friend the Secretary of State for Education and Science has tackled education in the right way, that is, by trying to raise standards in schools. That has been most welcome among parents and most teachers. He is also tackling the pay problem in the right way by saying that we should know precisely what teachers' duties are and that, as in most other careers in the United Kingdom, teachers should be subject to an assessment of performance. That being so, we should like to be able to provide more money next year for teachers, provided that those things are satisfied.
Q2.
asked the Prime Minister if she will list her official engagements for Thursday 23 May.
I refer the hon. Gentleman to the reply that I gave some moments ago.
In sending in the district auditor to try to sack local authority workers, especially young workers, in Liverpool, does the Prime Minister intend to create a reserve army of part-time scarecrows to benefit her rich farming friends? In attempting further to strip workers of their dignity and self-respect, is she not becoming immortalised, like Marie Antoinette, by a new slogan, "Let them eat bird seed", or some similar epithet?
As the hon. Gentleman knows, the district auditor acts independently. I hope that Liverpool will follow the example of most other authorities and set a legal rate. I hope that the hon. Gentleman is not encouraging it to act illegally.
Does my right hon. Friend agree that it is simple to achieve a temporary improvement in unemployment, but that we need a permanent improvement in employment without increasing inflation and interest rates, and without dragging the country to its knees, as we would do if we followed the Opposition's policies?
I agree with my hon. Friend. He will be well aware that the economic policies which the Government are pursuing were affirmed by the seven industrial countries which met at the Bonn economic summit, including Socialist France.
Q3
asked the Prime Minister if she will list her official engagements for Thursday 23 May.
I refer the hon. Gentleman to the reply that I gave some moments ago.
Has the Prime Minister read the latest regional trends? Is she aware that it discloses a growing gap between north and south in unemployment, redundancies, lost job opportunities, homelessness, poverty and deprivation? How does that conform with her view of a classless society?
Last year the Government spent more than £600 million in regional preferential assistance, £260 million of which went to the north, the north-west, Yorkshire and Humberside. Although unemployment is relatively high in the north, average weekly manual earnings there are the third highest in Great Britain and about equal to the British average.
May I press my right hon. Friend further on the Government's plans for legislation on the seizure of assets of drug pushers? Can she put a date to her promise, which was welcomed by the entire House?
The legislation could not be introduced before the next parliamentary Session. My right hon. and learned Friend the Home Secretary is working on its precise provisions.
Does the Prime Minister stand by her statement to the House last December that the cost of creating new jobs by capital investment in the infrastructure was between £35,000 and £50,000 each? Does she accept that that figure has been continually challenged by civil engineering contractors, who put the figure nearer to £10,000? In view of that wide discrepancy, will she produce the evidence to support her figures, or will she accept that they were a considerable exaggeration?
The cost varies according to the infrastructure or capital expenditure per job. It also varies according to whether it is provided by local government or by central Government. The hon. Gentleman will have seen the many questions and answers on this topic.
Has my right hon. Friend seen the result of the Gallup poll taken recently near Heathrow, which shows that 62percent.—[Interruption.]
Order. This takes time.
—of the residents there were in favour of terminal 5, and 24 per cent. were against? Does that not show that it is much more sensible to expand the airport in the south-east, which the airlines wish to use and to which people wish to fly, rather than Stansted, which is to be only a charter flight airport, and whose expansion would remove jobs from the north?
My hon. Friend made his point effectively. I hope that my right hon. Friend the Secretary of State for Transport will make a statement on his decision after we return from the recess.
Q4.
asked the Prime Minister if she will list her official engagements for Thursday 23 May.
I refer the hon. Gentleman to the reply that I gave some moments ago.
Is the Prime Minister's determination to build a classless society reinforced when she sees that the sum of money which she and her Government believe can support 30 families in unemployment benefit for a year can be spent on a birthday party by a young man of 21?
That is a highly artificial question. Perhaps the hon. Gentleman will also address his mind to some of the costs of running the House.
Having regard to the generous contribution of the British people to relief in Ethiopia, will my right hon. Friend examine reports that the Ethiopian dictatorship is levying heavy customs duty on British aid going into that country, and will the appropriate Minister make a statement at the earliest opportunity?
I shall pursue my hon. Friend's point. I am sure he agrees that it is right to continue to give aid to Ethiopia, although it is important that we ensure that it gets to those for whom it is intended.
Gchq, Cheltenham
Q7.
asked the Prime Minister what representations she has received from Civil Service trade unions about the directive she issued on 22 December 1983 about trade union membership in Government communications headquarters; and if she will make a statement.
Following representations from the Council of Civil Service Unions, I met its representatives and those of the Trades Union Congress on 1 and 23 February 1984.
The Council of Civil Service Unions has recently made representations about the position of 12 members of GCHQ who originally accepted the revised conditions of service and the management's offer announced on 25 January 1984 and accordingly resigned from union membership, but subsequently rejoined unions after the High Court judgment in July 1984. Those representations are still being considered, but it has been made clear to the unions that there will be no change in the Government's general policy on this matter.So has not the time come for an amnesty?
If the hon. Gentleman was listening to my first answer, I said that there will be—[Interruption.] I am so delighted with the reference from the hon. Gentleman. There will be no change in the Government's policy.
Does my right hon. Friend agree that the problems at Cheltenham have their roots in the fact that the trade union leaders in the Civil Service reneged on an unwritten agreement that Cheltenham would never be involved in industrial activity?
The action was taken, as my hon. Friend knows, because of the action taken by GCHQ when it went on strike and put very sensitive services at risk.
On a point of order Mr. Speaker.
Does it arise from questions?
I am wondering whether the Prime Minister misunderstood my question—
Order. That cannot be a point of order for me, because I do not know. The hon. Gentleman might ask that question, if he has an opportunity, when we return from the Whitsun recess.
I am trying to clear up a misunderstanding.
Order.
rose —
Order. The hon. Gentleman is a very experienced Chairman. He knows that it is not our practice to extend Question Time. There are very many right hon. and hon. Members who wish to speak in the subsequent debate.
rose —
Is this a new point of order?
It is a fresh point of order, Mr. Speaker, but it follows up the point of order of my hon. Friend the Member for Oldham, Central and Royton (Mr. Lamond). Further to the remarks of the Prime Minister in answer to my hon. Friend the Member for Oldham Central and Royton, gross discourtesy—
Order. I cannot be responsible for the questions that are asked or for any answers that are given, whether from the Front Benches or from the Back Benches.
On a further point of order, Mr. Speaker.
Is it concerned with questions?
It concerns a question which is important, Mr. Speaker, because—
Order, I shall take the hon. Gentleman's point of order later.
Business Of The House
3.30 pm
May I ask the Leader of the House whether he will state the business for the first week after the Adjournment?
Yes, Sir. The business for the first week after the Adjournment will be as follows:
MONDAY 3 JUNE — Second Reading of the Rating (Revaluation Rebates) (Scotland) Bill. Remaining stages of the Family Law (Scotland) Bill [Lords] TUESDAY 4 JUNE—Opposition Day (12th Allotted Day). Until about Seven o'clock a debate entitled "The Government's Neglect of Rural Communities in Wales", followed by a debate entitled "The Government's Attack on Higher Education". Both debates will arise on Opposition motions. Remaining stages of the Coal Industry Bill. WEDNESDAY 5 JUNE—Remaining stages of the Rating (Revaluation Rebates) (Scotland) Bill. Motion on the Appropriation (No. 2) (Northern Ireland) Order. THURSDAY 6 JUNE—Opposition Day (13th Allotted Day). Until about Seven o'clock a debate on the problems of the elderly, followed by a debate on wages councils. Both debates will arise on motions in the name of the leader of the Liberal party. FRIDAY 7 JUNE—Private Members' motions.I am grateful to the right hon. Gentleman. I understand that there will be a statement after the recess on the so-called Fowler review. The House will want as soon as possible a full-scale debate on the statement and the papers connected with it so that the Government will have an early opportunity to explain to the country why it appears to be necessary that the poorest should have to pay even more for the failure of Government policies.
I understand that there is to be a further statement on the Government's airports policy, or lack of it, after the recess. Will the right hon. Gentleman ensure that his hapless right hon. Friend the Secretary of State for Transport makes a statement that recognises the need to develop both the airports of south-east England and those that are in need of effective investment elsewhere? Will the Leader of the House also tell us when we are to debate the second report of the Select Committee on Foreign Affairs on "Famine in Africa", which critically and correctly observes that the generosity of the British people has not been matched by that of the British Government in the matter of famine aid to Ethiopia? We all heard from the Prime Minister on Tuesday that she looked forward to a debate on televising the proceedings of the House. Why do we have to wait until the autumn for that debate? Why cannot we have the debate before the summer recess so that we can get on with televising the proceedings in the autumn?On the question of televising debates, a report is to be made on the experiment in another place. It is, of course, perfectly appropriate to explore these matters through the usual channels, and I note what the right hon. Gentleman has said.
The right hon. Gentleman will know that the Select Committee report "Famine in Africa" has only just been made and the Government have not yet had the opportunity to comment on it. Perhaps we could consider that, too, through the usual channels. As for the promised statement on airports policy. my right hon. Friend the Secretary of State for Transport will be making a prudent, wise, compelling and balanced judgment which I hope will enlist the support even of the right hon. Gentleman. I recognise the concern that there should be a full-scale debate on the social security review. Perhaps we could pursue that, too, through the usual channels.Does my right hon. Friend recognise that 100 people will almost certainly be killed on our roads next week as it includes the Whitsun bank holiday? Will he try to find time before the summer recess for a debate on the important report on road safety produced by the Select Committee on Transport?
I shall certainly draw the attention of my right hon. Friend the Secretary of State for Transport to the important point raised by my hon. Friend.
Is Britain's defence relationship with the United States of America sufficiently important for the Government to arrange a debate in Government time on President Reagan's star wars initiative, or do the Government fear that the Foreign Secretary may be too keen to take part and to express the misgivings that so many of us share?
The hon. Gentleman will be the first to appreciate that we are now coming to that part of the year in which we have the opportunity for wide-ranging defence debates arising from the Estimates.
Has my right hon. Friend's attention been drawn to the farcical behaviour at the Ottawa conference of experts on the Helsinki accord, at which this country is represented by a distinguished delegation? Does he agree that events there illustrate the inability of civilised nations to do anything about the appalling state of human rights in the world? Will there be a statement during the week after the Whitsun recess on what is happening in Ottawa? May we have some indication that this matter, which should touch the conscience of every hon. Member, will be debated before we rise for the summer recess?
My right hon. Friend has a long-standing interest and an established reputation in human rights matters. I will draw the attention of my right hon. and learned Friend the Foreign Secretary to the points that my right hon. Friend has made.
Will the Leader of the House use his good offices to get the Prime Minister to make a statement to the House when we return after the recess as to why the intelligence services, for which she is responsible, blocked the release of information on Klaus Barbie, which was sought from the United States Government by special prosecutors seeking to track down ex-Nazis and bring them to trial?
I cannot comment on the substance of the right hon. Gentleman's remarks, but I shall most certainly pass them on to my right hon. Friend the Prime Minister.
My right hon. Friend will be aware that two senior Committees of the House have produced two major reports, one of which has been in his hands for some months and the other for some days. In a sense, they enjoin us to practise what we are constantly preaching to the country—to improve our efficiency and performance. Will my right hon. Friend give an assurance that both of those subjects will be considered in the comparatively near future and that the legislative business committee, in particular, which is recommended in the latest report of the Select Committee on Procedure, will have some chance of being established before next Session?
I have already implied that there should be a debate on the recommendations of the Select Committee on Procedure.
When the Leader of the House read my early-day motion 729 this morning, did he remember that some months ago he gave me a very sympathetic and understanding answer about the number of hon. Members in all parties who have an interest in Westminster hospital, and who would deplore any closure?
[That this House deplores the growing practice of Ministers announcing important decisions by means of a written Answer, especially when the subject matter is of concern to many honourable Members who are thus denied the opportunity of expressing their views in the House; and in particular resents that the transfer of a complete department at Westminster Hospital, cardiac surgery, was announced in this fashion, in view of the close association of honourable Members of both Houses with this hospital.] Will the right hon. Gentleman raise with the Cabinet the issue of giving written answers to questions in which hon. Members in all parts of the House are interested? If there is a written answer, hon. Members are then denied the opportunity to question the Minister about his decision.I note what the hon. Gentleman has said. I realise that the news will have caused him regret and that he would have preferred an oral statement to a written answer. To some extent, responsibility for that rests with me rather than with departmental Ministers.
As we are to have quite a short recess, may I ask my right hon. Friend to forget about Government White Papers, White Papers with green edges, Green Papers and blue papers and to read instead the book just produced by his colleague, who is damp but never dull, my hon. Friend the Member for Aldershot (Mr. Critchley)? When he has read it, will he recommend to the Prime Minister that my hon. Friend the Member for Aldershot should be put in charge of Government propaganda so that we can get it right and at least get some fun into it?
Yes.
I cannot give quite such a simple answer as that recommended to me by the Leader of the Opposition, as I must tell my hon. Friend that I have already read the book. That shows the priority that I give to not only the wit but the wisdom of my hon. Friend the Member for Aldershot (Mr. Critchley).
Will the right hon. Gentleman make a statement to the House fairly soon about the very damaging development to the life and work of the Inter-Parliamentary Union, which has been required to move out of its rooms by House of Lords pressure, with the inevitable result that the IPU room in our part of the building will eventually be forced into use as a Committee room, and the IPU' s work will be totally removed from the Houses of Parliament?
Senior members of the IPU have already been to see me about the matter, and I am available to continue discussions with them.
Will my right hon. Friend have another go at persuading my right hon. and learned Friend the Minister for Health to make a statement to the House on when we shall get in place the appeal system on the limited list of drugs? The matter is becoming very urgent and we need some action now.
I understand my hon. Friend's point and I shall see what can be done.
Is the Leader of the House aware that the hon. Member for Brighton, Kemptown (Mr. Bowden), who was fortunate enough to be drawn first in the private Members' ballot yesterday, intends to table a motion for debate on 7 June whose effect would be to give unlimited time to further the progress of a private Member's Bill, in the name of the right hon. Member for South Down (Mr. Powell)? Does the right hon. Gentleman realise that many of us feel that that would be a gross abuse of the procedures of the House? Moreover, it would cause great embarrassment to the Government as they have promised a comprehensive Bill on these very matters. As the Government have the power to prevent that abuse, will they use it?
I have yet to see the motion, as it is not on the Order Paper; therefore, I must measure my words accordingly. Should the motion be judged to be in order, it will be debated. I think that it will give rise to a lively debate. I shall certainly try to catch the eye of Mr. Speaker to make my contribution.
I listened carefully to my right hon. Friend's statement but did not hear any reference to a debate on the Government's possible ban on tin-based marine anti-fouling paint. May we therefore assume that the Government are not now proceeding with that unnecessary ban, which would cause serious damage to the paint industry as well as annoying and, indeed, infuriating a large number of yachtsmen?
I thought that my comprehensive and definitive statement on that matter during the recess motion debate some months ago would go down in parliamentary annals. I am sorry that the matter still appears to be dribbling along. I shall look into it.
In view of the widespread concern about the psychiatric unit at Holloway prison, will the Leader of the House try to find time for an early debate on the future treatment of disturbed prisoners in Holloway?
I recognise at once the importance of the point made by the hon. Lady. I shall ensure that it is brought to the attention of my right hon. Friend the Secretary of State for Social Services.
May we have a short debate on opinion polls? Has my right hon. Friend noticed that, whenever a commercial organisation such as British Airways commissions a poll, it tends to come out in its favour? Would not the Government be much better advised on matters such as the views of residents around Heathrow to listen to the opinions of local Members of Parliament?
I shall not be drawn into these highly delicate areas, but it will be a sad day when this House takes flight before opinion polls.
Has the Leader of the House seen early-day motion 702?
[That this House condemns the publication by present and past committees of the Warwick University Conservative and Unionist Association of a nauseating songbook, openly distributed at the Federation of Conservative Students' Conference at Loughborough University, which contains extremely offensive material including calls, in song, for the murder of Greenham peace women; notes that had such a publication been associated with groups of socialist or trades unionists, say the Youth Trade union Rights Campaign, then the outcry from the Press, media and Tory Party would have been deafening; and calls on the Prime Minister, and the leadership of the Tory Party for an explanation of, and condemnation of, this publication which bears an official conservative party logo.] It refers to a particularly disgusting and nauseating songbook written by the Federation of Conservative Students' at Warwick university. Is the right hon. Gentleman aware that two days ago I received a letter from the Prime Minister saying that she deplored the contents of the songbook? As it calls for the murder of Greenham Common women and has on the front an official Conservative party logo, what impression does the right hon. Gentleman think is given of the modern Conservative party?I do not think that it is worth five minutes of Government time to debate.
In view of the frank admission on the "Right to reply" programme by the controller of programmes for Channel 4 that a programme entitled "Beyond our Ken" was 60 minutes of undiluted political propaganda in favour of retaining the GLC, that it was produced by an organisation partly funded by the GLC, and that it was part of a series that contained no balancing item and, indeed, no programme ever favourable to a Conservative viewpoint, will my right hon. Friend arrange a debate at an early date to discuss the enforcement of the Channel 4 charter that requires balance in the treatment of current affairs?
I would mislead my hon. Friend if I were to suggest that there was a prospect of Government time for such a debate in the near or medium-term future. I suggest that he uses his opportunities to raise that matter on the Floor of the House on an Adjournment debate.
Will the right hon. Gentleman consider providing time for a debate on the majority and minority reports of the Select Committee on Home Affairs about the special branch? Is he aware that, despite the views of the majority of members on that Committee, there continues to be a great deal of concern about the way in which the civil rights and liberties of a numbers of people in this country are being infringed simply because they disagree with the Government on such issues as defence?
The hon. Gentleman is right to suggest that it is an important report, and its importance is in no sense diminished by virtue of the fact that there was clear and sharp division within the Committee about it. However, time becomes increasingly precious at this stage of the parliamentary year, and I can offer no early prospect of Government time for such a debate.
My right hon. Friend will be aware that in a parliamentary reply this afternoon the Prime Minister mentioned the development of Stansted and intimated that a statement would be made. Will it be made immediately after the recess? If so, will a further debate on that crucial matter be allowed in the House?
Bearing in mind what is alleged to be the Prime Minister's position on the live broadcasting by television of the proceedings of the House, will my right hon. Friend assure us that there will be a genuine free vote on that matter when it is debated and that there will be no official Government Whip to ensure that they get their way?I think that my hon. Friend has a bad conscience about his voting record and Government Whips, otherwise he would not be so sensitive about these matters—
I shall call the hon. Members who have been standing in their places, but I remind the House that we have an important debate ahead of us.
My right hon. Friend has not finished yet.
I was just warming up.
There will be at statement on airports policy reasonably soon after we return from the Whitsun break. I agree that it would be desirable for the House to have a chance to debate the matter thereafter.The Leader of the House might recollect that, at business questions last week, I expressed appreciation on behalf of my constituents for the Government's contribution to the Bradford disaster appeal. I also asked for an early Government statement about what contribution the Government intend to make to rebuild Valley Parade. When will the Government make a statement on this matter and on the larger issue of what contribution they will make to ensure that third and fourth division football grounds are completely safe?
I cannot answer the question as put, but I shall make inquiries.
Did my right hon. Friend see in the publication that my hon. Friend for Stamford and Spalding (Sir K. Lewis) referred to that the author wrote:
Does my right hon. Friend agree? Should something be done?"Politics is a performing art and it is important to speak well …Humming, Hawing, and Hesitation are the three Graces of contemporary Parliamentary oratory."
There is one precept by which I operate in this place: speech might be silver, but silence is golden.
Does the Leader of the House share the anxiety of 3,500 of my constituents in the village of Glenboig who have been made aware that the Ministry of Defence intends to dump a massive tonnage of asbestos arising from the Trident programme at Faslane? Does he agree that people are entitled to comment on the quality of their environment and to be worried about health and safety? Will he arrange for an urgent debate on the subject?
I can well understand public anxiety in the circumstances that the hon. Gentleman has described, and I shall ensure that my right hon. Friend the Secretary of State for Defence knows of his anxieties.
When does the Leader of the House expect the Foreign Secretary to make a statement about the Ponting-type suspension without pay of an official at the Overseas Development Administration for leaking documents which reveal the Government's duplicity about aid to Nicaragua?
I am sure that the hon. Gentleman will allow me not to share the rhetoric which preceded the latter part of his question. I shall refer the matter to my right hon. and learned Friend the Foreign Secretary and be in touch with the hon. Gentleman.
Under this Government we seem to spend a lot of time talking about rates in Scotland, and I see that the Secretary of State for Scotland intends to return to this subject for two days after the recess. Is the Leader of the House aware that, if my postbag is anything to go by, the Secretary of State has still not got it right? Will the Leader of the House draw his right hon. Friend to one side and tell him to get his act together or get out?
No. I think that after the two days of debate the lucid arguments of my right hon. Friend will have convinced even the lairds.
Has the Leader of the House had an opportunity fully to study the implications of the social security changes in payments to homeless young people, a measure that forces tens of thousands of youngsters to move from one part of Britain to another each month? How does he reconcile that unacceptable and punitive measure with the Conservative concept of a classless society and with his decision on three previous occasions to refer me to an Adjournment debate? Does he not think that the problems of up to 200,000 homeless people are worthy of debate in the Chamber?
The hon. Gentleman raises again a development policy which, I think, is of fairly recent origin. As we are promised a full-scale debate on the social security review, it is likely that he will be able to make a speech then.
As the privatisation of publicly owned assets and the accompanying legislation are debated on the Floor of the House in Government time, why cannot we have time to debate the nationalisation of private assets? Will the right hon. Gentleman provide time for a debate on the Johnson Matthey nationalisation?
The Chancellor of the Exchequer has said that he will report to the House on the conclusion of the investigation that is now taking place, and we will proceed from there.
Will the Leader of the House recognise the concern that is felt in the north of England and in north Wales about the plans by Shell to cut refining capacity both at Stanlow, which threatens 1,000 jobs on the already hard-pressed unemployment black spot on Merseyside, and at Carrington in south Manchester? Does the right hon. Gentleman appreciate that Shell's decision has been taken precisely because the Government do not have an effective energy policy? May we have a debate on refining capacity and energy policy?
I have said that Government time is very much at a premium. I can offer no hope of a debate in Government time devoted to the topic raised by the hon. Gentleman. However, on the Monday when we return after the short recess, energy questions are top, and doubtless he can make some points then.
Back-Bench Members (Rights)
3.56 pm
On a point of order, Mr. Speaker. I apologise for delaying the House, and I would not do so but for the exchange which took place earlier when several of my hon. Friends attempted to raise points of order.
The Prime Minister is reported in the Daily Telegraph as having had conversations with you, Mr. Speaker, asking for your protection from Back Benchers. As the right hon. Lady today seemed to indicate that the cost of the House of Commons was far too high so that, therefore, the rights of Back Benchers might be affected in some way, may we have an assurance from you that you will have conversations again with the right hon. Lady —indeed, that you will ask her to see you—and inform her that the House of Commons is an elected body, that Back Benchers also have rights and that if she cannot stand the heat in the kitchen she should get out?I saw that report. It was entirely wrong. I have never had conversations with the Prime Minister about that matter and I cannot imagine her ever seeking my protection. I am here to protect Back Benchers, and I hope that I do that adequately.
Further to that point of order, Mr. Speaker. Was it not a sound principle when the House decided some time ago that its affairs and Vote should be taken away from the responsibility of the Government and put into the hands of the House itself?
I do not understand what the hon. Member is getting at. I cannot take responsibility—nor can any of us—for reports that appear in newspapers.
Bill Presented
Rating (Revaluation Rebates) (Scotland)
Mr. Secretary Younger, supported by Mr. Michael Ancram and Mr. John Moore, presented a Bill to provide, as respects Scotland, for rebates in respect of rates on certain lands and heritages And the same was read the First time; and ordered to be read a Second time tomorrow and to be printed. [Bill 149.]
Immigration Control Procedures (Report)
Motion made, and Question proposed, That this House do now adjourn.— [Mr. Major.]
A large number of right hon. and hon. Members wish to take part in the debate. I have no means of controlling the length of speeches, but I ask hon. Members to bear in mind that their colleagues are anxious to speak. I call for short contributions please.
3.59 pm
The origins of the CRE report lie in the case of a woman who had sought entry as a fiancée and was subjected to a medical examination to establish whether she had borne a child. It became known as the "virginity test" case and it took place under the last Labour Government.
Immediately after that incident, instructions were issued making it clear that such examinations had to cease, and they did. It is, therefore, ironical that the grievance that led to demands for an inquiry into the operation of the immigration control had been removed before the inquiry even commenced. We did not think that an inquiry into immigration control came within the CRE's terms of reference, but once the inquiry was in train, the Home Office co-operated in every way. I am sure that the House would wish me to thank those in the CRE who undertook the difficult task of examining this very important subject; they can certainly not be faulted for the effort that they have put into it. But I must be frank about the report itself. We find some of its central conclusions very odd—some might say perverse. It seems to reject the proposition that people from poor countries, driven by a desire to better themselves, are more likely to attempt to enter the United Kingdom fraudulently than those from relatively prosperous ones. Yet that is a statement of the obvious. There is no surprise in the fact that far more forged passports turn up from countries such as Nigeria and Bangladesh than the United States. In 1984 there were 442 from Nigeria and 129 from Bangladesh—yet only five from the United States. There is nothing astonishing in the fact that a higher percentage of people from those countries are refused entry. No one need wonder at the fact that a higher proportion of people from Ghana, Nigeria and Iran, having entered the country illegally or, having overstayed, finish up being deported or removed. It would be astonishing if that were not the case. The interesting thing is how few people overall are refused entry. Ninety nine point nine per cent. of all passengers are admitted at our ports of entry—99·1 per cent. of passengers from the new Commonwealth and Pakistan. Much of the criticism in the report seems to proceed from this fallacy—that there must be something wrong with the control because more black people are stopped than white. But there is one thing on which we can all agree. Entry clearance officers and immigration officers are charged by Parliament to carry out a difficult and responsible task, and the way they carry it out can have a dramatic effect on the lives of individuals. They have on the one hand to see that people get their just entitlements. They have on the other to be alert to check abuse. Therefore we want entry clearance officers and immigration officers of the highest quality—courteous, efficient, astute and humane. We must work the whole time to enhance the professionalism of the service and improve its ethos. The report goes out of its way to say that its criticisms are of the system rather than of individuals. But the CRE team was rightly worried about some of the unprofessional comments found in the files it looked at: and if that is a sign of poor training, we have got to get things right. I can assure the House that there had been a lot of developments in training before the report was even published. In last July's immigration and nationality department report, we committed ourselves to introduce racial awareness training, and there has already been a seminar for senior staff and a course for training staff—trainers—but we are anxious, rightly, to see that racial awareness should not be a separate part of a training course, but brought into every aspect of it. Not only will the development of training programmes and the review of guidance material take into account the comments in the report, but I can see considerable advantages in a continuing dialogue with the CRE, the comments of which on training programmes we shall be only too happy to receive. I mentioned guidance material and the report calls for a review of the guidance and instructions. My right hon. and learned Friend the Home Secretary has already said that internal guidance is regularly adjusted, but a fundamental review of the instructions is under way and the possibility of publication is being studied. A great deal of the report is concerned with entry clearance applications in the subcontinent, and I think many hon. Members have actually seen entry clearance officers conducting interviews, and will agree that they carry out their work with patience and humanity. The report says there should be a major change of emphasis in the operation of the procedures so that the risk of genuine applicants being refused is reduced to the minimum. But it is not the job of the entry clearance officers just to clear the queues. It is their job to apply the law, and the law rightly expects a person claiming to come here to establish his or her entitlement. It would be absurd if one were to re-write the rules to state that anyone who made an application was presumed to have an entitlement even if he could not show it. It would be doubly absurd if we were to do that in the context of the history of applications in the subcontinent, where there has been, regrettably, much deceit and attempts to evade the control. Every hon. Member knows that. As to waiting times in the subcontinent, the times normally quoted are those relating to the non-priority queues: and it must be borne in mind that newly married wives, even in Dhaka, are admitted in under a month. The non-priority queue in Dhaka is overlong because about half of those in it are people whose claims have already been examined and found wanting not only by ECOs but in a high proportion of cases, by the appellate authorities, and they are now applying for a second or third time. In the vast majority of these cases, they are admitting previous deception when they make their second or third applications. One other point is often overlooked, and not mentioned in the report. Wives in the non-priority queue cannot by definition be newly married wives, or they would be in the priority queue: and the majority of those in the non-priority queue have waited for more than two years, and no fewer than 30 per cent. for more than nine years before applying to come here. That means that 60 per cent. have been separated for longer than the waiting time in the longest queue before applying for entry clearance. It seems a bit much in those circumstances to accuse the Government of being responsible for dividing the families. Generally speaking the waiting times are shorter than under Labour. The place where there is considerable difficulty is Dhaka, where the number of applications has actually increased in the past year. Because of that we have decided that there should be five additional entry clearance officer postings of six months each in the next 12 months to cover absences such as staff leave and sickness. We are also taking steps to ensure that first-time applicants are given rather more priority than those applying for the second or third time, with the result that the waiting time for first-time applicants is already coming down.Has the report given rise to the new look at administration? Has the Department been stimulated by that report, despite the general tone of the Minister in referring to it earlier?
I remind the hon. Gentleman that queue lengths have been coming down, and up to last year even the queue length in Dhaka compared favourably with the queue length under Labour. It was simply because over the past year the queue length in Dhaka began to increase that we began to study various ways in which we could help the situation.
It would be foolish of any of us to ignore advice or opinions expressed by anybody. Clearly, the hon. Gentleman is right if he is suggesting that we have paid full attention to what has been said by the CRE team, but I assure him that we were thinking about this matter before that, because we keep our eyes on the queues the whole time, and want to see that our resources are used to the best possible effect.Will the hon. and learned Gentleman give a little detail on two places that affect my constituency—Islamabad and Gujarat? I am sure that he has statistics on those places.
The position in Islamabad is fairly favourable. In 1979, when the Conservative party came into office, the waiting time was 19½ months; it is now down to 10¾ months. I think that we are entitled to take some pride in that. The position in Bombay has also improved. People from Gujarat have their applications dealt with in Bombay. In 1979 the waiting time in Bombay was 12½ months; we have now got it down to six months.
On applications by husbands and fiancés, the report says that it is fundamentally unfair that applicants for entry in that capacity should have to show that the marriage was not contracted solely or mainly for immigration purposes. I know that this is a controversial matter. I have discussed it with hon. Members on both sides of the House, but I do not believe that it can be wrong to expect someone who is claiming a valuable right to prove his entitlement. Why on earth should not a person claiming an entitlement be required to prove it? Why should a person be able to come here using marriage as a device? This is no attack on the practice of the arranged marriage. It is those who use that practice for immigration purposes who undermine and discredit the practice.Does the hon. and learned Gentleman agree that the real bone of contention is the fact that in that matter, as in many others, such as immigration procedures at Heathrow and elsewhere, the fundamental principle of British law is reversed? Everyone is suspected of being guilty until proved innocent, rather than everyone being innocent until proved guilty. That is a reversal of natural justice. Our people strongly believe that that should not be so.
It is misleading to talk about guilt or innocence. We are talking about a person who comes along and says, "I want to live in Britain, which is not my country." Surely he should be required to prove his entitlement to come to Britain, which is not his country. I can see nothing wrong in that. The hon. Member for Huddersfield (Mr. Sheerman) is wrong in saying that the fact that the burden is on the husband or fiancé marks a departure from the rules. If the hon. Gentleman reads the rules, he will find that the burden is on the person who comes here claiming to be a visitor to prove that he or she is a bona fide visitor and intends going back at the end of his stay. If the hon. Gentleman reads the rules, he will find that the burden on anyone who claims a right under the rules is to prove his or her entitlement. It is not beyond reasonable doubt. It is not a heavy burden, but it rests on him or her.
However the Minister chooses to use his powers I do not think that he would wish to mislead the House. On the question of a person's primary purpose in coming here, this burden differs from all other burdens. In every other case, an entitlement must be proved. In the case of marriage, the man must prove that it is not his primary purpose to come to the United Kingdom. That is a much more significant burden of proof. I am sure that the Minister would admit that and would not wish to mislead anyone about the facts.
I do not follow the hon. Lady. The person concerned must prove his entitlement. Parliament has decided, rightly or wrongly, that a husband or fiancé does not have that entitlement if his primary purpose is immigration. Therefore, we do no more in the case of husbands and fiancés than we do in the case of any other applicants.
Does my hon. and learned Friend agree that the hon. Member for Birmingham, Ladywood (Ms. Short) is right to this extent—the 1983 rules constituted a considerable relaxation compared with the 1980 rules? There was a great deal of discussion about the 1983 rules. Eventually, as a compromise, there was a slight tightening up by inserting this method of assessing the burden of proof. Is it not the case that, in English law, where a person is particularly in command of the facts, it is usual for him to have the duty of proving them?
My hon. Friend is correct. The burden of proof was changed in the 1983 rules. The change was rightly made and brought into line the burden of proof imposed on husbands and fiancés that already rested on others claiming an entitlement to come here. People talk as though the 1983 rules marked a draconian tightening up in the rules concerning husbands and fiancés. In fact, it was a great relaxation of the rules. Before the introduction of the 1983 rules, the only people who could sponsor husbands or fiancés were girls who were either born here or had one parent born here. The introduction of the 1983 rules resulted not in a reduction but in an increase in the number of people able to come here as a husband or fiancé. The failure rate for entry of husbands and fiancés decreased from 62 per cent. in 1982 to 48 per cent. in 1983.
The Minister knows that this is an important and contentious point. The person concerned really has to prove a negative, that something is not his purpose. Exactly what does the person have to prove? What does he have to show? How does he do this?
The person gives the most detailed advice to entry clearance officers on the relevant matters. It is easy to make a judgment in these cases. If it were as difficult as the hon. Member for Newham, North-East (Mr. Leighton) says, everyone would fail the test. The truth is that 40 per cent. failed the test in the Indian subcontinent during the first three quarters of 1984.
I did not say that it was "difficult". I merely asked what was involved. What does one have to do? How does one do it?
I think that I can help the hon. Gentleman again. I should have thought that one car make a judgment on these matters fairly easily by asking the young man how he came to meet his fiancé and why he proposed to live with her in her country rather than his. Those are the types of question which should lead any ordinary, reasonable person to make a judgment as to a person's motive. Every day of the week the courts of the land make judgments on people's intentions and motives. I cannot see why that is such an impossible task when it is imposed on an entry clearance officer.
On page 64 the report attacks the six criteria for questioning, saying that they are "unfair" I am sure that my hon. and learned Friend agrees that the six areas of questioning are likely to help the applicant to explain the facts that are within his control. I hope that my hon. and learned Friend will not move away, because of any criticism, from those six areas of questioning.
I should not like to be thought discourteous to the CRE team. I shall look at all the suggestions. I have already given my provisional view, which is that it is perfectly proper to ask a young man why he proposes to live with his wife-to-be in her country rather than his.
The last thing I want is for the first impressions of this country for people arriving at Heathrow to be unhappy ones because of the way they are treated at immigration control. All complaints against immigration officers are followed up with care. Again, I think that it is a question of being ever alert to improve training. However, living on an island, we are able to rely to a very large extent on control at the ports, and I think that people would far rather run the risk of having to undergo careful questioning there than see us move over to a system that relied on pervasive after-entry controls with identity cards and the rest. It is necessary to put the matter into perspective by pointing out that it takes only about a minute to clear through immigration each of the 7 million passengers a year who are neither British nor from the EEC. Some hon. Members have seen terminal 3 first thing in the morning. I am sure that they would agree with me that it would be a considerable help in making passage through immigration control even quicker if the airlines could arrange things so that 70 per cent. of all their long-distance flights did not arrive between 6 am and 10 am —but I fear that that is a vain hope. On after-entry control, the report takes the view that:It complains of large-scale joint operations by the police and the immigration service. That recommendation is a useful reminder of the fact that the gestation period of the report has been twice as long as that of an elephant."The police should not participate in immigration control work as a matter of routine".
That was the Government's doing. They took the matter to the court.
Of course it was not the Government's doing.
As a result, some of the recommendations have been overtaken by events and are therefore misleading. The right hon. Gentleman says that it was our doing because we took the matter to the court, but in fact the gestation period from the beginning of the investigation to production of the report was twice as long as that of an elephant. As long ago as December 1980 my right hon. and learned Friend approved new guidelines emphasising the sensitivity of joint operations and the care that is needed, if they take place, to avoid any action likely to cause justifiable complaint. Since then, there have been just 10 joint operations in which 153 people in total were interviewed, no fewer than 130 of whom were found to be here in breach of the law. In 1984 there was just one operation. Ten people were interviewed, nine of whom were found to be here illegally. Any fair-minded person would agree that there is no evidence in those figures of oppression in the enforcement of the controls. The House will agree that we cannot just ignore intelligence about illegal immigrants. To do so would be bad for community relations. However, there is no doubt that the community relations implications of operations should be borne in mind and that, generally speaking, it is better that enforcement work should be carried out by immigration staff rather than the police. I will not attempt to go through the detailed recommendations. Hon. Members will mention those that they think most important, and I am anxious to hear what they say so that we can take the views of the House into account before reaching our final conclusions. Some of the recommendations we readily accept, such as that relating to the practice of requesting authorisation from applicants from the Indian subcontinent to make tax checks. But, as I have already said, some of the report's recommendations seem to us pretty odd. For example, its conclusion that appeals should be heard by a panel of three adjudicators rather than by one would do no more than add to the very delays in the hearing of appeals of which it complains. However, we are looking at all the suggestions and we shall be giving a detailed response as soon as possible to the chairman of the CRE.
Does my right hon. and learned Friend intend to give the House his estimate of the immediate or medium-term effect on immigration if all the recommendations of the report were carried out? It would be of interest to the House, in deciding how to respond to the report, to know the effect of the report's recommendations on all the communities in this country.
That would be a most difficult exercise. However, I have tried to price—as it were—the speech made recently by the hon. Member for Battersea (Mr. Dubs). Scrapping primary purpose would mean another 1,500. Giving settled women the right to bring in husbands would mean another 2,500. Allowing all east African Asians in immediately would mean another 3,300 heads of families, not counting the accompanying dependants. In that case, too, one has no idea how many new applicants might join the queue out of the estimated 30,000 east African Asians in India. We do not know how many applications there would be from elderly dependants, so the figure is not quantifiable. The irresponsible pledge by the right hon. Member for Manchester, Gorton (Mr. Kaufman) to repeal the Immigration Act, if it made any sense at all, would mean tens of thousands of immigrants. Clearly the right hon. Gentleman is talking nonsense.
Will my hon. and learned Friend comment on the general impression given by the Opposition that they would exercise their discretion much more liberally? The Home Secretary has a general discretion to allow applicants in outside the rules.
My hon. Friends must reach their own conclusions. The right hon. Gentleman's remarks were the height of irresponsibility. We shall do our best to work out what he meant, and I shall comment on his speech in a moment.
In pricing these matters, will the Minister confirm that primary immigration ceased some time ago? Will he tell us how many people leave the country every year? Will he confirm that in each of the past few years, there has been net emigration from this country?
The answer depends on what one means by primary immigration. In my view, every husband or fiancé who joins a woman who is settled here is an example of primary immigration. We are fooling ourselves if we say otherwise. On the question of net emigration, I believe that generally speaking the hon. Gentleman is right, but in 1983 there was net immigration.
rose —
I should press on, but the hon. Gentleman is a decent chap.
That remark makes me hesitate to intervene. I hope that it will be excised from the record.
The suggestion that the immigration of fiancés is primary immigration is not only deeply offensive to the families involved but contrary to the views of the Prime Minister, who has repeatedly claimed, for the benefit of the far Right of the Conservative party, that primary immigration has ended.We always talked of primary immigration as meaning the immigration of new heads of families. If a young man enters this country to found a new family, albeit by marrying a girl who is already here, that is by my lights a straightforward case of primary immigration.
We shall not make much progress by debating definitions. I stand by my view of the matter.There are some 17,000 wives and families in the Indian subcontinent who are waiting for entry clearance. Is it not true that even if they all arrived tomorrow morning, that would still represent only 3 per cent. of the British birth rate and there would still be a net outflow of emigrants from this country?
I do not know about 3 per cent., but the British people would be astonished if we were to announce tomorrow that 30,000 people could come straight into the country, if only because they would ask where such people could go to, and where they could be housed. What happens if 15,000 come to Tower Hamlets, as the families of Bangladeshis? Who will find houses, schools and hospitals for them? The proposition is ridiculous.
Obviously it is in the nature of immigration control that distress and hardship can sometimes be caused to those affected by it. Living in a country such as ours is considered a great prize and failing to attain that benefit can be a serious matter. Hon. Members know that it is in the very nature of my job that difficult decisions have to be made. Often, I am asked to allow someone to enter or to remain here, although quite clearly he has no right to do so under the rules. In such cases, I have to bear in mind that if discretion were regularly exercised other than in really exceptional circumstances, one would run the risk of undermining the rules themselves and one certainly would not be acting fairly to the vast majority of people who are prepared to abide by the rules. In many cases discretion is exercised, as all hon. Members know, and I suppose that it is my misfortune that those cases are rarely the ones that attract publicity in the press. However, because of my responsibilities, I have had the opportunity over the years of meeting all sorts of people among the ethnic minority communities, and my belief is that the vast majority of people, from whatever community they come, accept the need for control and recognise that in seeking to strike a balance between the need to prevent evasion and the need to see that people get their rights, we have got things about right. That explains why immigration was not an issue at the last election. That is why a recent MORI poll showed that only 2 per cent. of the population consider immigration as an important issue facing the country today. Long may that remain the case. That brings me to the right hon. Member for Gorton. I hope that, now he has got Gorton in the bag and does not have to ingratiate himself with some of the nastier people in his constituency, he will begin to behave more reasonably, but I have my doubts. When we last debated immigration, he produced a wealth of statistics designed to show that under the Conservatives the control has been operated with little compassion, but which in fact showed that little had changed since the days of Labour. He succeeded in shooting himself in the foot by complaining about the refusal rate in the case of family applications in Dhaka when the highest such refusal rate occurred in 1977 when it was 62 per cent. So the House would be wise to be wary of the right hon. Gentlman's statistics today. In one respect, however, I did the right hon. Gentleman an injustice. He complained about a 100 per cent. refusal rate for male fiancés in Bangladesh in the first quarter of 1984. I rudely replied that that did not mean much because there had been only three applicants. I was wrong and I apologise to the right hon Gentleman. There was in fact one applicant. One applicant, one refusal, is 100 per cent. Those are the sort of statistic in which the right hon. Gentleman deals. The right hon. Member has been at it again. He made a most disgraceful speech in April at the United Kingdom immigration advisory service conference. I make no complaint about the fact that it was, as usual, over-spiced with the adjective "odious". My hon. Friends might like to count the "odiouses" in the right hon. Gentleman's speech. it is rather like counting the bridges going down the motorway to keep oneself awake. At that conference, the right hon. Gentleman's theme was that the present law is detestable and administerd in a nasty fashion by all concerned, Ministers and civil servants alike. The right hon. Gentleman forbore to mention that the law to which he was referring was that applied by the Labour Government when they were in power. But the Immigration Act 1971, he said, would go if Labour again took office. He did not remind his audience that back in the 1960s, the Labour Government promised to repeal the Commonwealth Immigrants Act but in 1968 actually extended its scope, removing from United Kingdom passport holders the right to come here. He complained about the control of entry of husbands and fiancés and there has been some discussion about that this afternoon, but he carefully concealed the fact that, in 1970, the Labour Government introduced rules that banned the entry of husbands save at the discretion of the Secretary of State.What about 1975?
I am coming to that. I am glad that the hon. Lady mentioned that. The right hon. Member for Gorton failed to do so. He did not say that the last Labour Government, of which he was a member, after coming into office in 1974 and relaxing the husband and fiancé rules, then discovered less than three years later that they could not sustain the position, and in 1977 tightened them up again. The right hon. Gentleman did not tell that to the delegates at the conference.
It is impossible to envisage a less productive and more mischievous exercise in terms of community relations than that on which the right hon. Gentleman is engaged. Judging by Labour's past record, the promises that he is making will never be fulfilled, but if they are—if the Immigration Act were repealed and control after control were scrapped — I cannot imagine anything more disastrous for community relations. As to his vilification of those — both civil servants and politicians — responsible for the control, that sort of language can comfort only those who are out to create not harmony in society but division and conflict. We are now a multiracial society. Half our neighbours whose origins lie in the Indian subcontinent, Africa or the West Indies, were born here. This is their home. Our job is to see that in this multiracial society there is opportunity for all. It is our job to concentrate on that rather than whip up trouble over immigration controls of a kind which the whole of the western world has felt obliged to impose, and which are in the interests of us all—black and white alike.4.37 pm
I promise that I shall not use the word odious about the Minister's speech—it is all too inadequate a word for the repulsive tirade to which we have been subjected.
The Labour party is glad that, after so much delay, we are at last debating the CRE report. The Government have treated the House offensively in three respects. First, the Home Secretary has shirked his responsibilities by failing to take part in the debate. It is disgraceful that he has not even bothered to turn up for it. It is extraordinary that, in his two years of office, the Home Secretary has not spoken once on the subject of immigration in the House, or answered a single oral question about it. His sole acceptance of accountability to the House on a matter of major importance, in which he is personally responsible —for example, he signs deportation orders—was one sentence of 11 words spoken last November as a reply to a supplementary to a question on quite another topic. Even those 11 words were inaccurate and misleading.The House will know that I have day-to-day responsibility for these matters, and I think that many hon. Members would have been surprised if I had not been here to account for the way in which I have dealt with matters. The right hon. Gentleman wanted my right hon. and learned Friend the Home Secretary to speak, I believe, because he thought that it would elevate his own importance, of which he has an exaggerated view.
It would, of course, be impossible to exaggerate the hon. and learned Gentleman's estimate of his importance.
The Home Secretary trots along here to speak on data protection Bills, on BBC licences and on all kinds of things, but when we have a debate about the family life and the fate of hundreds of thousands of people he does not turn up or even send an apology; we have no idea where he is. His behaviour is disgraceful and will be noted by the ethnic minorites as his concern for their needs. We complain that, before the House has even had the chance to debate the report, the Government have rejected two of its recommendations — on tape recording of interviews and on local consulates in Mirpur and Sylhet. Those recommendations were rejected in written answers from a junior Foreign Office Minister. We resent the Government's failure to put down for today's debate even a "take note" motion, as in the case of the Auld report. We know why. They wished to prevent an amendment from us which would have welcomed the report. It is not surprising that the Government did not put down a motion because, first, they tried to stop the CRE conducting the investigation that led to the report. The Government took the matter to the courts. They delayed the investigation by 18 months. They sought to have the terms of reference changed and weakened. Then, when the report was finally published, they attacked it most viciously. Today the Minister of State did it again, calling it odd and perverse. He gave a strange and distorted impression of the contents of the report. For our part, we congratulate the CRE on persevering against ministerial sabotage and insults to produce one of the most important documents on immigration ever published in this country. The scope of the report is narrow. It deals simply with immigration control procedures, but it turns the spotlight on the Government's attitude on immigration policy and consequently on racial relations. It reveals Ministers to be conducting policies on these vital matters which are discriminatory to the point of being racialist. If anybody questions what I have to say on this, I shall quote from the report itself to confirm the indictment. It is a remarkable report. It is copiously and painstakingly documented and it has a shameful story to tell. For example, it describes the attitude of entry clearance officers in the Indian subcontinent to those they interview. It describes cursory and insulting way in which they too often treat those with whom they are dealing. This is a quotation:"CRE staff observed about 20 inteviews in Dhaka and Islamabad. It was noted that ECOs only rarely addressed interviewees directly, putting their questions through the interpreter in the third person. ECOs often gave the impression of being bored or irritated with their work, showing this, for example, by persistently tapping their pencil on the desk or drumming their fingers. In one case observed, the ECO became irritated with the answers being given and showed this by rounding on the applicant and shouting at her—one of the rare occasions we saw an ECO address an interviewee directly.
The accounts in the report are confirmed by representatives of Manchester law centre who went to Islamabad last month and who were present at interviews there. They report that in their presence one interview was interrupted by a telephone call about the embassy's supply of Easter eggs. That interrupted an interview affecting the life and future of those concerned. One reason for what the CRE report describes asVirtually all of the interviews observed by CRE staff were interrupted at least once by the entry into the room of other staff of the post or by telephone calls being taken by the ECO. In one case, the ECO took a personal call lasting many minutes".
is, according to the report,"a dismissive or contemptuous attitude to applicants"
It quotes from a report prepared by staff at terminal 2 at Heathrow—the officials to whom the Minister has paid tribute. That report says:"the low esteem in which applicants have been held".
that is, Pakistanis—"Moroccans from the 'immigrant areas' seem, like Mirpuris,"—
The contempt and low esteem are in no way more significantly demonstrated than in the attitude of ECOs and immigration officers to the refusal of applications. The CRE report states:"to be both simple and cunning".
The CRE report quotes immigration officers as stating that they have been warned about producing too few refusals. Chief immigration officers are quoted in the report as admitting that if an officer's refusal rate was well below average the chief immigration officer would want to know why. What is more, certain countries emerged clearly as being especially subject to discrimination. Dealing with the treatment of visitors, the report states that in 1980 passengers from the new Commonwealth and from Pakistan were 30 times more likely to be refused admission than those from the old Commonwealth. It said that in the first nine months of 1982 under 1 per cent. of Americans and Canadians, under 1·5 per cent. of Australians and under 2 per cent. of New Zealanders were admitted to Britain as visitors in the code 3 or doubtful category, while of non-business visitors from India or Pakistan code 3 admissions covered 20 per cent., from Bangladesh over 30 per cent, and from Ghana 40 per cent. In the first 10 months of 1984, people from 104 countries were detained overnight at ports of entry other than Queen's building, Heathrow, for which no figures are available. Detention of people from the four countries of Nigeria, Ghana, India and Pakistan accounted for 52 per cent. of all detentions. That is more than the other 100 countries put together. In certain months in 1982, Ghanaians, Nigerians, Pakistanis and Indians accounted for 70 per cent. of visitors required to submit to further examination. This massive disproportion was due partly to deliberate discrimination against people who were not obviously affluent. The report quotes one note from an ECO in Islamabad which said of the person being interviewed:"Other material we saw appeared to us to suggest that, in some cases at least, the prospect of securing refusals of entry clearances would generate greater enthusiasm than that of issuing them. A note by an entry clearance officer on one file, for example, warned other officers not to handle it: 'I want to do this re-interview myself. Hands off. This must be the year's strongest refusal.'"
Of another well-to-do Pakistani, an ECO noted:"Obviously loaded and very good class. Issue."
The report attacks what it described as"Unfortunately this looks like an issue.… I have no choice but to issue."
That is confirmed in a note submitted to the CRE from the Home Office itself, which says:"double standards—trust of the wealthy and suspicion of the poor".
That is Home Office policy as explained by the Home Office itself. If someone is rich or is an Australian he is treated better than if he is rich and Pakistani. These offensive attitudes stem from the latest dodge that the Home Office has adopted and about which we heard again this afternoon from the Minister of State—the concept of "pressure to immigrate" countries. There is no published list of such countries so that we may know which they are. They are chosen at whim by ECOs and others, sometimes completely inconsistently; some will be on one ECO's list and some on another's. For example, the United States is on one ECO's list as a "pressure to immigrate" country. The effect of the "pressure to immigrate" concept is described harshly in the CRE report:"nationals of rich countries are likely to be subject to less intensive scrutiny and are less likely to be refused than nationals of poor countries."
Even the Home Office gave the game away. In a note which it sent to the CRE during the inquiry, it stated:"The evidence put to us by the Home Office does not, in our view, provide sufficient justificaton for basing the priorities and decision-criteria in immigration control on the pressure to immigrate argument. The concept relates essentially to poor countries and brings under particular suspicion visitors from countries which have established ethnic minority communities here. While some such people undeniably evade the controls, so, undeniably — and probably more easily — do considerable numbers of people from wealthier countries who might not be regarded as having strong incentives to do so. The effect of the argument is to cause the procedures to discriminate, in effect, against black people in particular."
The report lists monstrous devices and strategems employed against would-be visitors and people who apply for settlement. None is more disgraceful than the use of the primary purpose rule as a deliberate way of getting round the legal entitlement in the rules. As administered, it is degraded too often into being merely a paper entitlement. It is the right under the rules of husbands and male fiancés, especially from the Indian subcontinent, to gain entry to the United Kingdom to join their womenfolk. The manoeuvre has grown to intolerable levels. In 1980, primary purpose accounted in whole or in part for less than 20 per cent. of refusals of applications by husbands and male fiancés. By 1983, it accounted for 75 per cent. of refusals. A parliamentary reply on 20 May to my hon. Friend the Member for Birmingham, Ladywood (Ms. Short) shows that, by the last three quarters of 1984, primary purpose accounted for between 80 and 90 per cent. of refusals, and for about 40 per cent. of all applications decided, whether favourably or unfavourably. That shoddy dodge is now substantially negating the statutory right of those men to enter Britain. Deliberate and carefully planned measures are adopted to achieve those primary purpose refusals. What is more, they are contained in official guidance issued by Ministers to entry clearance officers in September 1983. That guidance even suggests questions which should be used to trap applicants into making a statement which would justify refusing them entry under the primary purpose rule. In its report the CRE described those questions as"Visitors from new Commonwealth countries are more likely than others to be treated as doubtful visitors."
I shall give three, which are given in the report. They are"ambiguous and unfair."
[HON. MEMBERS: "What is wrong with that?"] The CRE condemns these questions. I note Conservative Members' attitude to this. Their inherent racism emerges at every opportunity. The other two questions are"If your fiancée did not live in the United Kingdom, would you still go to her home to live?"
"If you were not able to live with your fiancée in the United Kingdom, would you still marry her?
Those questions are denounced by the CRE in its report, but to a supporter of apartheid, such as the hon. Member for Luton, North (Mr. Carlisle), those questions are everything that they should be.If your family had asked you to marry a local girl, would you have done so?"
Will the right hon. Gentleman withdraw his remark describing me as a supporter of apartheid? That is a gross insult to me and to the House. I appeal to you, Mr. Deputy Speaker, that that should be withdrawn.
The hon. Gentleman denies that he is a supporter of apartheid. I am delighted to have that on the record.
I am delighted to confirm that I have always made it my business on the Floor of the House and elsewhere to say that I abhor apartheid, and have al ways said so. I am grateful to the right hon. Gentleman for withdrawing his remark.
I am delighted to have that on the record.
Although it is true that the hon. Member for Luton (Mr. Carlisle) has criticised apartheid, is it not a fact that he takes every opportunity to act as an apologist for the South African authorities?
If the hon. Gentleman would like also to deny that, I shall be glad to give way to him.
Although the point is well out of order, I am delighted to say that I am not an apologist for any Government, even my own.
That was less than full-hearted dissent. Admissions are delayed by the deliberate use of queues.
In its report the CRE alleges theThe Home Secretary, in his speech to the United Kingdom immigration advisory service conference in Manchester last month, attempted to counter that CRE allegation when he said:"use of the queue as a deterrent to applications and as a means of restricting the rate of immigration."
That statement was simply untrue. It is shown to be untrue by an internal Home Office document, of which I have a copy. About two years ago it was submitted to the Minister for guidance. So that the House can hear what the Home Office says when it thinks that it is not being observed, I shall quote from it. As I said, it was a briefing document for the Minister. It states:"I must make it clear … that the Government does not maintain these queues as a deliberate measure to control the flow of immigration."
"In two significant areas a system of queues operates to regulate the flow of immigrants … The Foreign and Commonwealth Office is responsible for the administration of entry clearance work and shares responsibility with us for the number of Entry Clearance Officers which, in practice, is the primary regulator of the number of husbands, wives, and children, and male fiances admitted from the sub-continent in any one year. There are about 40 ECOs in the sub-continent at present. Provided the queues do not become too long, this form of administrative regulation can continue; but an acknowledged policy of deliberate delay without legislation giving power to impose quotas … would run risks in the domestic courts and under the European Convention of Human Rights."
I wish to make two points. Is it not a fact that the number of ECOs in post during the period of the Labour Government was the primary regulator of the number of people who came to the United Kingdom? Is it not plain common sense that if there are any queues, it is because the Government have decided that they cannot appoint as many ECOs in the Indian sub-continent as would be necessary to clear those queues? As I have pointed out that, generally speaking, the waiting times now are shorter than they were under the Labour Government, how does the right hon. Gentleman dare to make this criticism, as if it were directed against the Conservative Government only, and if it were true, would it not be equally apt against the Labour Government?
rose —
I have not finished. I have another point. Will the right hon. Gentleman remember that the briefing paper to which he referred was apparently prepared by civil servants when they were whiling away the time during the general election campaign? Had the country suffered the misfortune of having a Labour Government returned, perhaps the right hon. Gentleman would have been asked to read the document.
Had that document come to me, I would have torn it into two immediately. The Minister has admitted the authenticity of the document. However, the Home Secretary said:
The internal Home Office document states:"I must make it clear … that the Government does not maintain these queues as a deliberate measure to control the flow of immigration."
The Minister is now saying that the queues are used to regulate immigration, so the Home Secretary was not telling the truth."In two significant areas a system of queues operates to regulate the flow of immigrants."
The right hon. Gentleman must stop talking nonsense. Of course the number of entry clearance officers regulates the number of people who are standing in the queue, and regulates the number of people who are admitted.
The right hon. Gentleman is saying that what must be inferred from that briefing paper is not a matter of fact, but a matter of intention. I am telling him that the intention is not to limit the number of people; the intention is to devote to entry clearance the resources that can be devoted to it. The right hon. Gentleman has a nerve to raise this matter, because there are more entry clearance officers in Dacca now than there were under the Labour Government.The problem is that the Home Secretary did not say what the Minister of State is saying. The Minister of State is repudiating the Home Secretary, which is par for the course, since the Home Secretary needs repudiating. But we are glad that the Minister of State has joined us in doing so and has admitted that the Government are using queues to regulate immigration into Britain—something that we had always believed in any case.
The report is clear about that. It states that the immigration rulesThey are not just drafted, but administered, too. The report repeatedly denounces the policy for being aimed at detecting the bogus at the cost of harming the genuine. It states:"have been drafted and administered in such a way as to minimise the numbers of people who may be able to benefit from them."
The CRE is in no doubt about the result of all this. It declares that, as a result of those policies — all the phrases that I shall use are direct quotes from the report—"In our view, however, the emphasis on the exclusion of the ineligible has gone too far. It has resulted not only in inconvenience—serious and costly as that can be—for genuine applicants, but in an unacceptably high level of risk that applicants who are in fact genuine can fail to satisfy the officer. In effect, the system is operated as if this is the more acceptable of the two basic possible kinds of error."
that this is a system"the interests of race relations in the United Kingdom have been damaged,"
that the Government's policy statements and staff guidance,"which tends to be racially discriminatory in effect,"
that they create"contain built-in biases against some racial groups,"
and that controls operate"stress and fears among ethnic minority communities,"
That is the verdict of the body charged with assisting in race relations. What is more, the CRE report pins the responsibility firmly where it belongs. It states:"to the disadvantage of some racial groups and to the detriment of race relations."
What the report is saying, even if it does so delicately, is that we have a racialist system because we have racialist Ministers. Moreover, their racialism is motivated by the wish to prevent a tiny number of people—possibly no more than 5,000 in the first year and fewer after that—from coming to Britain—"It would be entirely unjustified to place on staff the responsibility for the fundamental criticisms which can be made of the administration and operation of the control; the criticisms we have made are of the system that the staff operate, and we stress that distinction … The essential origins of the behaviour and decisions which have given rise to allegations of racism in the controls are the procedures and instructions themselves … they result from staff doing what is expected of them."
Will the right hon. Gentleman give way?
No.
rose —
Order. The Minister knows that if the right hon. Gentleman does not give way he cannot intervene.
The right hon. Gentleman has made a serious allegation. He said that the trouble was caused by racialist Ministers. He is entitled to that opinion. I believe that it is nonsense, because, as I said, the control operates in much the same way as it did under the Labour Government. Of course, I am prepared to take his abuse, but he must not imply that the report states that the trouble is caused by racialist Ministers. It says nothing of the sort.
Order. The right hon. Gentleman is not allowed to accuse the Minister of being racialist; what he said was that, in his judgment, the report was alleging that.
I repeat what the report states:
Who is expecting it? Who is in charge of the staff and who is responsible for them?"The criticisms we have made are of the system that the staff operate … they result from staff doing what is expected of them."
Will the right hon. Gentleman give way?
Never to the hon. Gentleman.
The report states, albeit delicately, what I have quoted. The Minister was good enough to refer to what I said in Manchester at the UKIAS conference. I repeat it now. This system will change, and change decisively. The Labour Government who will come into office after the next election will operate firm immigration controls. All democratic countries have such controls, and from my continuing and close contact with the ethnic minorities, I know that they support such controls. We shall remove the present legislation from the statute book and replace it with an Act which will be not only non-sexist, but anti-sexist. It will be not only non-racist, but anti-racist. Racism will not be tolerated at the posts abroad, at the ports of entry here, or in the Home Office itself. We intend to ensure that once this shameful Government are removed from office, no report such as this from the CRE will be possible, because the conditions that brought it about will be eliminated. That is the pledge that I give, and that is the pledge that we are determined to fulfil.5.7 pm
The unfortunate nature of immigration debates is that they tend to bring out the worst in some hon. Members. It is a pity that more rational terms cannot be used. Bandying insults about in the House does nothing for race relations.
Immigration policy and procedures are essential to race relations and harmony. The host community needs the reassurance that those who are not entitled to enter this country are excluded, that access to jobs and housing is protected and that the social. fabric will be sustained. People who are settled here and who seek to bring in relations or have visitors also need the reassurance that the right of access for visitors and relations is protected, so that they can enter the country unhindered. Increasingly, the two groups have merged. Those seeking to bring in relations or visitors are now part of the host community, but they are part of a host community that is disproportionately affected by unemployment and inadequate housing and therefore have even more reason to ensure that the social fabric is not strained to breaking point. For those reasons, mass primary immigration has been abolished. That is accepted by all as necessary and desirable. However, the prevention of genuine visitors from coming into the country and the separation of genuine families is not necessary or desirable. We are questioning not the immigration rules, but how they are applied and their affect. We are considering the recognition of the right of husbands to join wives, wives to join husbands and children to join their parents. Those rights are not being questioned. We should not have had this report, nor should we be holding this debate, if the procedure used to effect those rules did not impinge upon those rights. The evidence, both from this report, flawed though it may be in many respects, and from my own experience and that of many hon. Members who have substantial ethnic minority communities in their constituencies, is that some of the procedures are flawed and sometimes impinge upon those genuine rights. For example, in the city of Bradford there are 64 divided families in the Bangladesh community. Somewhere in Bangladesh 64 men have wives and families. As they would be the first to acknowledge, some of the blame must lie with them for the fact that those families are not united. They would readily admit now that they submitted false tax claims and misleading documentation, but it is still undeniably the case that with better advice and better productivity on the part of entry clearance officers in Dhaka those families could be reunited. It is a finite number. Therefore we should help to ensure that in future their applications do not fail through lack of evidence, or insufficient documentation, or confusion at interviews. The immigration department should help to unite those families. If a wife in Sylhet in Bangladesh goes to Dhaka for an interview she knows that her case is genuine and she may therefore naively assume that she does not need to produce huge amounts of evidence. She is convinced of her case and does not realise how much detail is needed to persuade the ECO of her case. Therefore, it is important that those who apply to ECOs should be advised of all the documentation that they need to bring with them, including the documentation which is referred to in recommendation 5 of the report:That is a crucial point. Time and time again I have come across cases where affidavits should have been obtained from important people. If the documentation that was not thought to be essential had been gathered together, confusion at interviews could have been avoided and cases could have been cleared. I hope that the immigration department will act upon that very important recommendation. The immigration advisory services that are located in Mirpur and Sylhet have been mentioned at meetings with my hon. and learned Friend the Minister of State and assurances have been received, but it is necessary to repeat how important it is that those advisory services should be provided with adequate staff and resources. By doing so, not only are applicants helped to get it right when they come to ECOs but the time of the ECOs is saved through not having to ask people to bring back the right documents or having to conduct subsequent interviews. The time that is saved would help to ensure that other families can be reunited, to say nothing of the anguish that could be prevented by not having to refuse applications. The report also refers to the use of tape recorders. The answers that we have received from my hon. and learned Friend on the use of tape recorders are inadequate and unworthy. I see no reason why there should not be such an experiment as that which is being conducted by police forces in this country. A great deal of confusion would be saved if tape recordings were available at appeals."that which, if available, would support the claim but is not essential."
Will the hon. Gentleman give way?
I shall give way to the hon. Gentleman after I have finished making this point.
It is surely nonsense that in 1985 all the documents and papers relating to immigration cases at our posts overseas are kept in files. Why are computers not installed in our overseas missions? They would greatly speed up the process of dealing with applications and would allow greater flexibility and overcome one of the major objections to having further missions in Sylhet and Mirpur. Only one terminal would be needed at the immigration advisory offices in those districts to enable cases to be dealt with far more speedily.Is the hon. Gentleman aware that I have been pressing the Foreign and Commonwealth Office and the Home Office to introduce the tape recording of interviews? Is he also aware that there was an experiment in 1978? According to the Foreign and Commonwealth Office, who wrote to the Select Committee on Home Affairs in 1982, the reason why tape recording was not introduced generally was because
If those problems are encountered with tape recording, what about the problems involved in interviewing officers getting the interviews right in the first place?"problems of extraneous noise and of operating with inadequate facilities suggested that recording of a suitable standard could only be produced by the use of sophisticated equipment in rooms which had been soundproofed."
If that were a problem, I am sure that, because of the amount of extraneous noise that is generated, the proceedings of the House would not be broadcast. The hon. Gentleman's point should be re-examined by the Foreign and Commonwealth Office. It is worthy of the Government's attention.
In 1984, about 18,096 visitors were refused entry to this country. It was a tiny proportion of the total number of people who arrived. Entry was refused to about 1·1 per cent. of the total number of visitors from the Indian subcontinent. However, the figures do not indicate the number of people who are kept for a second interview and the length of time that they have to wait. I have visited terminal 3 on two occasions to see the immigration facilities. The majority of people go through the interview with no trouble. However, those who are kept for a second interview sometimes have to wait for hours and even days. That creates a great deal of anxiety not only for the visitors but for their sponsors, who are anxious and want to know what the visitors' fate will be. Given the already generous attitude towards the granting of temporary admission—about 8,500 last year, or 47 per cent. — and given also the tiny number of those who abscond — last year 187, or 2 per cent., which was only a marginal increase on the year before — it is apparent to me that more inquiries could be made a few days after people had been admitted to this country, thus allowing the visitor to leave the airport with a sponsor. Recommendation 42 of the report asks for the removal of the distinction when allocating time limits on those visitors who are considered doubtful and those who are considered genuine. I would suggest the reverse. If all visitors who are considered doubtful were given temporary admission with a short time limit of two or three weeks to allow further inquiries to take place, they could take place locally and the final decision could be made known to them at the end of that short period. The exception to that would be those cases where the decision is immediately obvious—for example, the use of fraudulent documents, undesirable persons, and so on. Apart from the advantage of more local interviews, unnecessary waiting would be avoided for those who are eventually allowed entry into the country as genuine visitors.My hon. Friend must understand that there is a real difference between the genuine and the non-genuine visitor. He will know from his experience that some of those who are let in on temporary admission then disappear. They are not included in the official figures. If Her Majesty's Government were to follow the line advocated by my hon. Friend, whereby everybody came in for two or three weeks, does he not accept that substantial numbers could slip through the net and completely evade all immigration controls?
I shall develop that point later and will answer my hon. Friend. However, one returns to the fact that a minute proportion of those who are given temporary admission abscond. Not the least advantage of this change of procedure would be that Members of Parliament would not be disturbed at midnight or at two o'clock in the morning by people telephoning from the airport. To contact Members of Parliament is not only highly inconvenient for hon. Members but is also grossly unfair to visitors to this country. According to the immigration authorities, about 80 or 85 per cent. of those coming from the Indian subcontinent are aware of how to contact their Member of Parliament. What about the other 15 per cent. who are not aware of the facility? Furthermore, what about the person who arrives, finds that the Member of Parliament's name and telephone number is not in his diary or that the Member of Parliament is away for the weekend, and who is due to be put on a flight back the next day?
My hon. Friend raises an important point which worries many hon. Members, but is he aware of the legal difficulty here? People tend to imagine that temporary admission means granting a visit. In fact, it is an alternative to detention when it has already been adjudged that the person is not a visitor. My hon. Friend must realise, therefore, that the course that he suggests would involve changing the law so that people found not to be visitors can still be admitted.
People regarded as doubtful on arrival are usually given temporary admission as a result of representations by a Member of Parliament. We need to find a way of avoiding the need always to contact a Member of Parliament. If temporary admittance is given on a very limited basis for two or three weeks, the person's passport being marked accordingly, the inquiries could take place locally without the Member of Parliament having to be involved. It is difficult to make a considered judgment when one is telephoned at 2 am, so representations tend to be made automatically. In other words, Members of Parliament have to vouch for people whom they do not really know so as not to deny those people the right to have their cases examined. In my experience such people usually have very good reasons for being here and the vast majority prove to be genuine visitors or leave as soon as they are instructed to do so.
The number of representations that I have made must run into more than three figures, but I have been let down only once in the past two years. On that occasion, the sponsor and the local Bangladesh community association joined me in appealing for the gentleman in question to give himself up because they felt they had been betrayed. If the admittance procedures are changed, the Home Office rather than the Member of Parliament will bear the responsibility for admitting people who may abscond. The opportunity for further investigation of a person's case should not depend on the sponsor having the Member's name in his diary and hoping that the Member is not on a delegation to Silesia and his agent on a fishing weekend.My hon. Friend seems to be unaware that under the present system an incoming immigrant can apply to any Member of Parliament. Heathrow airport is in my constituency. When I have refused to intervene in a case because I do not regard it as justified, the people in question have gone to another Member who has then intervened on their behalf, so the pressure on particular Members of Parliament is non-existent.
We have all been contacted on behalf of other hon. Members' constituents. Nevertheless, the system is grossly unfair. We know that 15 per cent. of these people do not contact any Member of Parliament. I am sure that many of them, if they cannot contact a particular Member, then get flummoxed and do not know how to get hold of another. The system clearly needs revision.
In conclusion, I appreciate the pressure-to-emigrate argument and it should not be dismissed, but it is increasingly difficult for Members of Parliament to explain to second generation members of the Asian community why they have to contact their Member of Parliament if they wish to have a visitor to this country, when they have only to look at the white friends with whom they went to school and competed for jobs to know that they pay the same taxes and have the same responsibilities so they must have the same rights. I hope that the Government will not dismiss the report out of hand but will make a very detailed response. The report is not perfect. It has many flaws, but it deals with areas of genuine concern to a significant proportion of our citizens and it identifies procedures which in some cases may hinder people obtaining that to which they are entitled. That is why the procedure must be reviewed. The immigration rules allow genuine visitors and dependants to enter this country. We must ensure that the operation of those rules does not have the opposite effect.On a point of order, Mr. Deputy Speaker. Is it in order for hon. Members to take so long when so many others wish to speak in a very short debate? Will you ask Members to be brief?
The hon. Gentleman should know that Mr. Speaker has already asked for brevity.
The hon. Gentleman has only just arrived.
I have been here throughout the debate.
5.25 pm
I shall be extremely brief because I appreciate that many hon. Members wish to speak in this important but short debate.
Many hon. Members will have seen people who regularly attend their advice bureaux from divided families, seeking assistance. In my constituency in inner Manchester the problem is so great that it has been recognised by Manchester city council, which recently sponsored two solicitors from the law centre to investigate cases of denial of entry to fiancés or husbands. The solicitors' report makes remarkable reading. They attended entry clearance interviews. In relation to fiancés, the report explodes the myth that people are falling over themselves in their desire to enter the country and eagerly waiting for the next plane. In fact, many were reluctant to come because it meant giving up their homes and jobs. Many were under pressure from the fiancé's family already resident in the United Kingdom, to leave their home country and be united with their loved ones. That finding is contrary to all the Home Office propaganda about fiancés being anxious to come to this country. A more sinister aspect revealed in the report was the nature of the role played by the embassy and the Home Office in Pakistan, which appeared to cause great confusion. The solicitors found that the process for gaining entrance to the United Kingdom was never explained to anybody. The law centre representatives felt that it was in the embassy's interest to create and perpetuate confusion, which would make a refusal much easier. Even after an applicant had been refused entrance, he or she was not told how long an appeal would take. In such cases, fiancés are aggrieved because they cannot plan for the future. The two solicitors concluded that the embassy visa section regarded its role not as a processer of applications having a neutral profile but rather as an apparatus to block Pakistani immigrants coming to the United Kingdom. The solicitors stated:The report goes on to highlight many misgivings about the procedures involved. I have studied its observations and believe that the entry clearance officers use those procedures to cause delay, even if the law is on the side of those who apply to enter the United Kingdom. If and when the city council submits the report to the Home Office, I trust that the Home Secretary will study its findings carefully. The report is not negative but makes recommendations to alleviate a problem that causes so much human misery and involves a procedure that is quite inhumane."We were frankly appalled by the organisation of the Embassy and the conduct of the ECOs. In the absence of any collective opposition in Pakistan and distanced from the opposition in the United Kingdom to immigration controls the Embassy appeared even more powerful and confident than the Home Office itself. Applicants are treated atrociously. The Embassy opens at 8 am. Queues begin to form outside from about 7 am. Many people would have travelled hundreds of miles to get to the Embassy for their entry clearance interviews. Indeed a previous journey would have to have been made—as the Embassy insists that the original forms have to be completed at the Embassy itself. There are no definite appointment times. There are no facilities for children—although over half the people there are children. There are no drinks or food available in the Embassy. People in the waiting room are not informed as to what is happening. The waiting room itself is dark and tatty. It feels exactly like a police waiting room—except that on the walls there are travel posters about the beauty of Britain and the efficiency of British Airways! The waiting room itself is used by Embassy officials to attend to those people who have come to complete their application forms. A consequence of this is that everyone in the waiting room is privy to the details of the applicant's private life. After what may be several hours, those people who have come for their actual entry clearance interview are summoned to see an Entry Clearance Officer. From our own observations we can say that the 'interviews' are more in the form of an interrogation—either a subtle or a heavy interrogation. The assumption is that the applicants are always lying."
5.30 pm
The casual observer who listened to our debates, and who heard the noise and, on occasion, the abuse—although I am sure that it would be within order—would conclude that the two great parties were vastly divided on this issue, and that when in office, they always behaved quite differently from each other. He would also conclude that there was no element of consensus and that there was never any attempt by either party to trim. But the casual observer would be all too wrong.
My hon. and learned Friend the Minister was very fair when he pointed out that, despite all the noise that the Labour party made in the 1970s, it was often much firmer when in office in imposing immigration controls than, in particular, my hon. and learned Friend's predecessor. I can see the hon. Member for Birmingham, Ladywood (Ms. Short) sitting on the Labour Benches. She was a civil servant in the Home Office, and is married to Mr. Alex Lyon. Mr. Lyon fell out with the right hon. Member for Cardiff, South and Penarth (Mr. Callaghan), because the latter was in favour of stricter immigration controls. If a casual observer listened to what the Labour party is now saying, it would be difficult for him to remember that when it was in power, it did its level best to control immigration. It did not do as much as I might have wished—Perhaps the hon. Gentleman will cast his mind back to the time when my husband was a Minister at the Home Office. At that time we had a Home Secretary who failed to implement the Labour party's policy on the reform of our immigration law. Perhaps I should remind the House which party that right hon. Member now belongs to. That Home Secretary is now the right hon. Member for Glasgow, Hillhead (Mr. Jenkins). He defied Labour party policy and failed to implement it, and then left our party and joined another party that would like to claim that it has a pure record on such matters.
The hon. Lady has made my point. When in office, Ministers come under the civilised influence of the Home Office and are away from the vulgarity of the electorate. Consequently, they start trimming towards the middle. The Labour party certainly did it, and this Government have done it, too, to a marked extent. There was a clear commitment to control immigration in certain specified ways in our 1979 manifesto. The 1980 immigration rules represented a slight deviation from the promises of 1979, while the 1983 rules represented a very substantial deviation from them. Before the 1983 rules came into effect, the Government in the last Parliament suffered its only defeat on the Floor of the House—[Interruption.] I played a small part in that defeat, and I do not apologise for that. In the argybargy that followed the defeat of those rules, there was discussion, in particular, of the position of Asian fiancés.
I was pleased to hear my hon. and learned Friend the Minister say, I think, for the first time, that he regards fiancés as being primary immigrants. That is what they are, because they have a right to bring their dependants into the country at a later stage. There was substantial discussion about whether marriage should be a reason for entry. Indeed, there was a lot of discussion about marriages of convenience and about arranged marriages. Eventually, a compromise was reached, which was a substantial derogation from the promises made before the 1979 election. I recognise that my hon. and learned Friend the Minister was the architect of the 1983 compromise and has been the administrator of those rules. In my opinion, the compromise has worked quite well. One sign of that is that the Government Benches are not very full. If the compromise had not worked, and there was a general feeling throughout the country that immigration control had been substantially relaxed, these Benches would have been full of angry Tories— —If the Daily Express ran a campaign, they would be.
I do not think that the Daily Express will run a campaign, because there is not the public concern to justify it, to make it popular or to sell more copies of the Daily Express.
But even my hon. and learned Friend the Minister is not wholly immune to the elevated atmosphere of the Home Office. As he comes to believe that he will be entitled to his car in the next twenty years and as he sees his friends, the senior civil servants in the Home Office, as more important and persuasive than his vulgar Back-Bench colleagues, he will no doubt begin to feel that all-pervasive pressure to trim towards the centre. My objective is to ask him not to do that, because sufficient trimming has already been done. But it is obvious that two important new forces for trimming will be exerted on him. The first is the argument by the Member of Parliament for a bit more peace and quiet. My hon. Friend the Member for Bradford, North (Mr. Lawler) might like to listen to my next point, as it is really an answer to him. He was saying, in effect, that representing a constituency in which many Asians are resident can sometimes be very inconvenient. It certainly can be, but no one forces us to represent such constituencies, and when we do so, we perfectly well understand that our Asian constituents may ring us up at very inconvenient times. I operate the system as carefully and as fairly as I can, and without any prejudice against those who telephone me. Indeed, I am a frequent telephoner to the Home Office. Of course it is an inconvenient system; in some respects it is an arbitrary system. Like most things, it is not perfect. But I do not think that major relaxation of the rules, simply on the ground that the present system is inconvenient to Members of Parliament, is something that anyone would wish to sustain. The second argument to trim is that the Asian community is becoming more and more successful, richer and richer and that they are now—I am pleased to say—becoming natural Tories. Sometimes my right hon. Friend the Prime Minister talks about the failure of the British people to live up to her shopkeeping ideals. She says that they do not work hard enough. That is true, but it is part of the splendid nature of the British people and I do not condemn them for a moment. But the very people who live up to my right hon. Friend's Victorian ideals are the Asians. I expect that an increasing number of them will vote Tory, rather in the way that in previous generations the Jews have voted Tory. Just as the Government are perfectly able, on occasions, to disagree politely with our friends the farmers or our friends the small business men, so we can politely disagree with our friends the Asians. There is all too often an attitude in the Asian community that says, "Yes, we are in favour of strict control of immigration. Yes, we understand that that is necessary so that we may enjoy the benefits of a peaceful and cohesive society. But will you please let my daughter's boy friend in because he is a special case?" We must be firm about that. Of course we must be polite, and of course we must avoid being offensive — as we should avoid being offensive to farmers when they want rather higher prices for their cereals. We are perfectly capable of disagreeing with those who support us. I hope that my hon. and learned Friend will reach the conclusion that the Tory party has trimmed enough, that we now have a perfectly sustainable settlement and that no matter how elevated the influences that will be brought to bear upon him, we should stick to the settlement.5.43 pm
Thirty out of every 100 of my constituents originate from the Indian subcontinent or from Afro-Caribbean countries. There is hardly a family among them that has not been touched by our immigration laws, rules and procedures. Each has a bitter complaint to make; each has a personal indictment of the immigration laws that we believe are racist and sexist.
We are told by the Home Secretary and other Ministers that the immigration and nationality laws are firm and fair. That has been repeated today. I refer them to a letter that has been sent to many hon. Members by the United Kingdom immigration advisory service. Commenting on the expression that firm and fair immigration controls mean good race relations, it states:The indictment in the report that we are debating is that the authors of that valuable document believe that our current immigration control procedures are counter-productive in good race relations. It is a paradox that on the one hand the Home Office is seeking to promote good race relations, while on the other it is the political master of immigration control procedures that are acting decisively against good race relations. The main finding of the report is that immigration control procedures place too much emphasis on preventing evasion and not enough on ensuring that genuine applicants and bona fide passengers can exercise their rights. Some of the matters to which the hon. Member for Wolverhampton, South-West (Mr. Budgen) referred are not about the convenience of Members of Parliament. When we ask for greater use of the power of temporary admission, we are not concerned about the convenience of those who seek to come here as genuine visitors. We want to improve their convenience by allowing them to escape from Heathrow airport where they are detained for hours, even for days, to enable proper inquiries to be made, which, in most cases, confirm that they are genuine visitors entitled to visit the United Kingdom to see their relatives and friends. In arguing for a just, fair and non-discriminatory immigration policy for the many people who originate from ethnic countries, we are not doing so to sustain or support the Conservative party. Many of the policies that the Government are implementing, especially high interest rates, are hitting hardest the businesses run by the ethnic minority communities. Indeed, our debate on Monday was nothing to do with giving customers a wider choice; it was about hitting the wages and conditions of those working in retail shops. That will hit the ethnic minorities very hard. It gives the green light to large, multi-retail outlets and supermarkets to trade seven days a week. We want immigration control and entry clearance procedures that are operated by staff who respond sensitively and faithfully to political control—arid the political control stems from the Home Office and the Foreign Office, and it needs to be changed decisively. We must have immigration and entry clearance procedures that do not discriminate in the way that has been highlighted in the debate. Unlike so many of those Conservative Members who face me, I am not a Queen's counsel or a solicitor—"it is essentially a view of race relations from the point of view of the white majority. What it fails to take into account is the alienation from British society felt by those who are British citizens, or lawfully settled in the United Kingdom but who find that they are unable to be united with their loved ones because of the obstacles inherent in the present operation of the immigration control procedures. Nor does the statement … take account of the alienation felt by sponsors, often long-established within their communities in the United Kingdom who may find themselves (far more often than those from other groups) at the 'sharp end' of an aggressive interrogation system when they go to meet relatives or visitors at Heathrow airport. Good race relations is a two-way process".
There are some behind my hon. Friend.
Indeed. I suggest that undoubtedly the QCs and solicitors sitting behind me will agree that the primary purpose test is a grotesquely unfair administrative procedure that has been introduced deliberately to minimise the number of fiancés allowed to enter this country. The Government should remove this grotesquely unfair test. We have heard much about the courts today. I am told that such leading questions would be inadmissible in court.
It is not just that the questions are unclear and misleading; they are often asked in a language that the person who is expected to answer does not understand properly, so it is often quite impossible for that person to give an acceptable answer. That is one reason why the system is grossly unfair.
I am pleased to have confirmation from a prominent QC.
Those of us who represent ethnic minorities know that current procedures encourage entry clearance officers to refuse applications on the basis of answers in response to leading questions, without making sufficient effort to get relevant evidence. The result has been that many genuine arrangements for marriage and many marriages have been thrown into tatters. The United Kingdom immigration advisory service and many other organisations believe that the primary purpose rules are unworkable in the arranged marriage system on the Indian subcontinent and should be amended so that the requirement is simply that marriages should be genuine. That is the united view of Labour Members. The fact of divided families sits uneasily with the bland assurances of the Prime Minister and the Government about their belief in the unity of the family. Men are often separated for several years from their wives and children. I know the difficulties of trying to explain to Ministers why a man in Britain should want to bring in a middle-aged woman and several children if they are not his wife and children. The Home Office, the immigration service and entry clearance officers insist on refusing to accept that the bulk of applications are genuine. The reasons for the long delays are utterly unconvincing. The queues could be swept away if there was the political will to do that. In the past few months, the injury has been compounded by the Government's introduction of a fee for entry clearance. People have to wait for interviews, in which they are treated in a dismissive and disparaging way, and have to pay for the privilege of being interviewed. Long delays in interviewing applicants, inquisitorial methods, scant regard to documentary evidence of relevant issues and extremely unsatisfactory methods of reporting interviews are factors which unjustifiably enhance the restrictiveness of the immigration rules applicable to wives and children. Most applicants are assumed to be bogus. I have been told that many immigration and entry clearance officers work from the premise of applicants being deceitful and dishonest. I support those hon. Members who have urged the tape recording of interviews. The arguments that have been used opposing my representations on this matter are utterly unconvincing. I hope that there will be progress with the tape recording of interviews and that, in the meantime, notes of entry clearance officers will be readily available, especially for appeal procedures. I am glad that the CRE has recommended that arrangements should be made for tape recordings, as did the Select Committee on Home Affairs several years ago. I should like to do some special pleading. In Yorkshire, we have many people in the ethnic minorities, particularly from the Indian subcontinent. Many of them face great difficulties as a result of the present arrangements. I hope that the Home Office can look sympathetically at the possibility of designating Leeds-Bradford airport as a port of entry. In that event, more flexible temporary admission rules would enable interviews to be conducted at Leeds-Bradford if we had more immigration officers there. I should like more funds to be made available to the United Kingdom immigration advisory service so that it can expand its office in Leeds or a second office elsewhere in Yorkshire. We have heard much about the Government's views and their support for non-discrimination. All their appeals and statements will fall on stony ground, however, unless they respond much more willingly to the recommendations of the CRE report. I welcome the debate, but I am sorry that the Minister of State rushed to the television studios before the ink on the report was dry to condemn it forthrightly. He described it as utterly flawed and unrealistic. He started with restraint, but his basic instincts took over later in his speech and in some of his interventions. I regret that, and it will be bad news for some of his hon. Friends who assiduously seek electoral support from the Asian community. In a speech to the Monday Club, the Home Secretary said:The joint council for the welfare of immigrants says in a briefing which has been sent to all hon. Members:"We utterly reject racialism, or cruel, discriminatory conduct of any kind against any human being".
That is the indictment in the report. The Government are discriminating against black and Asian people, especially women, by administrative means. I urge the Government to respond sympathetically to the CRE's recommendations and, above all, to the appeals of Labour and some Conservative Members. These matters lie at the heart of good race relations. We need not crocodile tears and soggy speeches from the Home Secretary but decisive action to implement recommendations which would radically improve race relations and do a great deal to repair the lamentable performance of successive Governments. It is not our task to apologise for the deeds of past Labour Governments."These public statements, and the government's other commitments to preserve family life and the rights of the individual, need to be backed up by action to prevent the rights of black and Asian settlers here from being diminished by administrative means."
Why not?
Because we are pledged to the commitments which the shadow Home Secretary made today. I assure the ethnic minorities that we are pledged to those commitments. Given success at the next general election, we shall carry them out. 6 pm
I have a constituency interest in the problems of immigration. There are about 4,000 immigrants in my area, but before becoming the hon. Member for The Wrekin, I fought the constituency of Wolverhampton, North-East on two occasions, so I have some insight into the problems that we are debating.
In discussing this issue, we should at the outset thank the Minister and the officials of his Department for the way in which these matters are dealt with. The immigration officers, particularly at Heathrow No. 3 terminal also deserve our thanks. It is my experience, when taking up cases with them, that they are extremely helpful. They do a difficult job to the best of their ability. I welcome hon. Members being involved in these issues and I sympathise with my hon. Friend the Member for Bradford, North (Mr. Lawler) who said that he did not welcome being woken up during the night to have to deal with such problems. The Minister was right to say that all the aeroplanes seem to arrive at the same time. Indeed, they all seem to arrive during bank holidays. Problems seem to arise at inconvenient times. I hold two strong views on this issue. First, immigration should be restricted more than it is at present. Considering that we live in a crowded island and have 3 million unemployed, we should take a stronger, rather than a weaker, line. Secondly, in terms of the race industry, as I call it, the report of the Commission for Racial Equality does more harm than good. Using the law, bullying and threatening does not make anybody love his or her neighbour. Indeed, the indigenous population can think that they are becoming second-class citizens. Such action is harmful to race relations. What was the cost of the report? It seems to go beyond the ambit of what I expected the CRE to do. The bias of the report could result in it being used as a nail in the coffin of the commission, a body which costs £10 million of taxpayers' money every year. I hope that we shall see, as a result of the report, a slashing of its budget. The report implies, wrongly, that good race relations can be brought about by allowing in large numbers of immigrants or by being soft on illegal immigrants and overstayers. That is not true. Many immigrants in my constituency with whom I have spoken support my immigration views. They want no additional protection under the law beyond that given to the indigenous population, and they do not want illegal immigrants to be let off. They want them found and returned to their countries of origin. They believe that that is the way forward if we are to have harmony, and they are right. I recently dealt with a case which the Minister may recall. The immigration authorities suddenly arrested the local imam from the mosque in my constituency. When I investigated the case, he admitted that, under another name, he had been deported by the last Labour Home Secretary and that in yet another name he had tried to re-enter the country. He then turned up in Telford as the local imam. It was a fascinating case because he was apprehended not by the police but by his own community. Members of the mosque made a complaint to the immigration authorities about him being an illegal immigrant. That shows how important it is to apprehend illegal immigrants and overstayers. The Government are wrong to step back slightly. They should use the police to carry out that type of work. The Government should use all agencies to enforce the law because better race relations are brought about by the enforcement of the law and by returning illegal immigrants and overstayers.Has the hon. Gentleman read the CRE report that he denounces so roundly? Is he aware that it makes no reference to illegal immigrants and does not appeal for such immigrants to be given additional rights? It appeals for the decent treatment of people who, in theory, have the right to visit their families, to marry or to join their families here. He denounces the report but speaks only of illegal immigrants, when the report is not about that issue.
The hon. Lady appears not to have read the report. The recommendation at page 108 is clear:
I am not saying that the report is desirable. Recommendation 50 suggests that we should go soft on catching illegal immigrants and overstayers."The interests of race and community relations should weigh heavily on the planning and conduct of large-scale action carried out to trace overstayers and illegal entrants."
It is unfair on the commission for the hon. Gentleman to read only those parts of a passage that suit his case. At page 108, the report adds:
Why is the hon. Gentleman trying to mislead the House about the views of the CRE?"In saying this, we are not seeking to protect people who enter or remain in the United Kingdom illegally from discovery or from other adverse consequences of their actions."
I was answering the intervention of the hon. Member for Birmingham, Ladywood (Ms. Short) who claimed that the report did not mention illegal immigrants and overstayers. I showed that it did.
rose —
I will not give way to the hon. Lady again because time is limited and Mr. Speaker has urged us to be as brief as possible.
I have shown the hon. Lady where the report deals with these issues, even though, in my view, the report is wrong. It is also wrong to try to exclude pressure-to-emigrate countries from special attention because it is realistic for the Government to explain that that is where the problems originate. It is logical, therefore, that we should put our resources into trying to catch those who are defying the law. Two points have arisen in cases that I have taken up. Immigration officers might take more notice of those who, on coming in, are particularly frightened and nervous. An example of such a person came to my attention last weekend. An Indian arrived and claimed to be married. Everybody knew that he was not married—Everybody?
—and when challenged, he said that the only reason why he had said he was married was that a fellow passenger on the plane had told him, "If you have any problems with immigration control, do not worry. Just say you are married and you will get in." He did that, and was led into great difficulty as a result. Hon. Members should do more to explain, particularly to the sponsors, that they must ensure that those who are coming as visitors and immigrants must be totally honest and not give answers which they think the immigration officers want to hear.
The second problem is that of language. There are occasions when interpreters are not sufficiently expert. I do not have a strong view on the question whether tape recorders should be used, but we should ensure that facilities are provided which enable interpreters to respond to all the dialects with which they are likely to come into contact. When something goes wrong and there is trouble with visitors or immigrants, are the respective Members of Parliament informed of developments? I ask that because in the six years that I have been a Member of Parliament there has been only one occasion when the Home Office told me that someone, whose case I had taken up, had absconded and disappeared. I got hold of the sponsor and within 24 hours he had frogmarched the person down to the police station. In fact, he had escaped from detention. I hope that the Department advises the Member of Parliament who has made representations when a case goes wrong, and whether the person overstays or, if called back, does not appear. It would be helpful to us to have that information. The present procedures are right. The way forward is to support them. The report should be ignored, and we should go forward supporting the Government's proposals, which are fair and will lead to better race relations all around.rose —
Order. Before I call the next speaker it may be for the convenience of the House to know that the Opposition Front Bench spokesman will seek to catch my eye at 6.40 pm. There have been some rather long speeches. I ask those who follow to be brief.
6.11 pm
The hon. Member for Wolverhampton, South-West (Mr. Budgen) spoke of the two great parties, and the increase in the number of people in immigrant communities who are moving towards being natural Tory voters. It rang a little hollow on a day when one of the parties to which I presume he was referring is lying third behind the other two in the opinion polls. I am forced to the conclusion that the two great parties that the hon. Gentleman talked about exclude the Conservatives.
I approach the debate on the following premise. In the community that is the United Kingdom, or in the community of a constituency—that applies to almost everybody's constituency, certainly my own of Southwark and Bermondsey just over the river—the majority of people are white and are not immigrants. Yet almost every single case that comes before us, which raises questions of immigration procedures, concerns someone from Asia, Africa or the Caribbean—certainly someone who is not white — who has to go to his family's Member of Parliament so that the matter may be considered. The history so far of my relatively short time in the House shows that, with one or two exceptions only, it is clear that there is injustice, discrimination and unfair and unjustifiable treatment primarily to immigrants from the poorest Commonwealth and other countries, and primarily to communities that are black or brown—the Asian or African communities. Nobody has advocated that controls should not be required. The CRE report does not suggest that for a moment. It is amazing to hear the sort of comment that we heard from the hon. Member for The Wrekin (Mr. Hawksley). He showed his true colours, arguing that the CRE should be abolished. He believes that race equality in Britain is now so perfect that no watchdog body which is independent of Government is required to stand up for the minority ethnic communities. That is an appalling position to take up when there is blatant discrimination against them on every day of every week and every year.Will the hon. Gentleman give way?
Let me press on. The hon. Lady might get a chance to speak in a second.
No chance.
The next thing that is clear is that the report was born because there was a need for an objective report. It was a good and thorough piece of work, and in no way produced conclusions that are extremist, unreasonable or unsupported. To argue that the Government should not be disposed to accept what is proposed as a set of recommendations, and for the Government to try to resist what is in every way a reasonable set of proposals is a wholly unacceptable attitude.
I have to say this, and Labour Members have confirmed it. Governments of both parties have not lived up to their pledges. In the interests of the immigrant communities, I hope that in future Governments will live up to the pledges that they make. However, as long as they confuse immigration laws with nationality, that will never be possible. The starting point for putting right what is wrong is getting our law on nationality into good order and dealing with immigration controls in the way that was intended. There is no reason why treatment of the community of people who are our European neighbours and partners, and their families and relatives, with their rights to bring their families in and out of this country, should not be the same as for the community of people who are our Commonwealth partners. There is an illogicality in believing that the community that has been established longer should be treated less favourably than the Community to which we have given access more recently. The report argues clearly that people who come here as immigrants, whether as visitors, to join their families or, in the normal course of events, to settle here, should be treated as individuals with rights, and fairly and decently. They should be treated free of bias, and in a way that takes into account where they come from, but does not determine their treatment. They should not be treated in a stereotyped manner because they come from Dhaka, Bangladesh, India, Sri Lanka, or because they are Tamils, and so on, of which there is evidence. It is unacceptable for the presumption often to be that if somebody happens to be unable to speak English and comes from a certain country, and cannot easily present his case, he should get a much less fair deal than many others who come to our ports of entry. As the commission rightly says, at the end of the day there must be discretion by the Government. However, my colleagues and I entirely support the CRE's conclusion that that discretion must be limited as far as possible, and thatPeople need to have rights and to know what the rights are. The other essential point is that, if unfair discrimination is to be avoided, decisions about individuals should not be prejudiced by judgments about the groups of which they are members or with which they are associated, even if those judgments appear well founded. It is unfair to presume that people are bogus or dishonest applicants. As every hon. Member who has argued this case has said—even those from the right of the political spectrum—the number of people who come here and abuse their entitlement is minuscule. In the two and a quarter years since I have been in the House, I have heard of only one such person. The matter came up last Friday at my advice centre. The person to whom I wrote asking whether he could help me find a woman who had gone to ground said that he and his relatives were going out twice daily to try to ensure that she was returned home. Those people know that what they do reflects on their community. In the interests of good race relations, they want to make sure that others appreciate the diversity of races, and respect them, and do not regard them as abusers of the law and the rules. The primary purpose rule has been condemned. It has been proved to be ludicrous on many occasions. There is the case of the British wife and the Moroccan husband, which the Minister knows. She tried almost-everything to try to show that the primary purpose of getting married was not just to get him into this country, but they wanted to get married because they loved each other. How can she prove that, when at the same time the rules are reversed, as it were, when a British husband is trying to get his foreign wife into this country. Next Tuesday the European Court of Human Rights should make a judgment that will condemn the Government yet again for being inconsistent and discriminatory on grounds of sex. The court will say that the Government have to change the law. I hope that they will respond much more quickly than the Home Office normally does when, yet again, it has been found to be at fault. The sooner we have a Bill of Rights, the less regularly will we have such ludicrous discrimination. That case brought one other thing to light. It brought to light an example — there are many — of the most appalling discriminatory treatment by a member of the Home Office staff. Of course, it does not happen every day, and I do not tar everyone with the same brush. However, allegations were made that that official said things such as, "I do not like north Africans," and, "I do not like your husband." It has also now been accepted by the Home Office that the person's attitude, and the way in which his investigation was carried out, was "indiscreet and over-zealous". Those words were used by someone in the Home Office. Such an attitude is unacceptable. For as long as the immigration service includes officials who behave in that way, is it surprising that the immigrant communities feel that they are not treated fairly? Is it surprising that we complain when a British woman who is married to a Turk has her house visited in the middle of the night by officials to ascertain whether she is living with her husband? Is that the type of treatment that we believe reflects the civilised democracy to which we lay so regular a claim? Is it fair that the treatment of a man who wants to marry someone from, say, Mauritius is much less good than if each of the partners was in that country when they first decided to marry? In every case, those who come, whether as students or visitors, abide by the rules. They come here for good reasons. [Interruption.] In nearly every case they are let in only because Members of Parliament are telephoned about the matter and decide to make representations. By the time those representations have been made and considered, the two or three-week holiday has passed or the study visit has been achieved. Post-entry controls work in an unfair and discriminatory manner. One of my constituents was arrested and held for a considerable time because the officials believed that he was his brother. They did not bother to check the details accurately at the beginning of the case to discover that the two people lived at different addresses. It is not right that one community should have this type of specific control when other communities would in no way accept that control. The report is about good relations. The Minister talks about exercising discretion. Take the case of a woman who was admitted to Britain as a visitor and married a man. who had a right to be here, who deserted her, leaving with two children who had been born and brought up here. She lives in a community which is almost entirely white, as parts of my constituency in Rotherhithe are, which says, "In the interests of a good community, this Ugandan lady should not be sent home." Yet, so far at least, the discretion of the Home Office has not been exercised in favour of that family. The sooner we respect the rights of the less privileged to have equal treatment and realise that the comments of other people should be listened to seriously and with interest, the better. I hope that the Home Office will realise that the sooner it is regarded as the upholder of the rights and privileges of all citizens, and not just those best able to argue for themselves, the better."the more clear-cut the expression of rights in the rules is, and the less hedged about with provisos and limitations they are, the better."
6.22 pm
The saddest aspect of this subject is that, unless one follows current convention and swallows without question the endless outpourings of the race relations industry, one is, at best, bombarded with unpleasant epithets and, at worst, one fears for family and self.
There is a large ethnic minority in my constituency, and our city of Nottingham is multi-origin, multinational and multi-creed. It is a great and colourful city. It has problems with sections of some—I stress the word "some"—of those minority groups. Those troubles lie with only a minority of a minority and they must not be allowed to be blown up out of all proportion. In a thoughtful article, Mr. Tom Hastie, a former ILEA officer, said:Sadly, that is our experience in Nottingham where such people revel in the inanimate title of "chair". We heard from the Opposition Front Bench the most cynical manipulation of human expectations for purely party political purposes — regardless of the damage to general harmony or to the welfare of the minority communities. Saddest of all is the distress that is caused to those within the minority communities who seek only to be part of, to contribute to and to be accepted by the host community."The level of alleged racism in any given society will vary in direct proportion to the number of people handsomely paid to find it."
Host?
The host community.
The debate should be not on the law as it is but on how it is applied and whether it is fairly applied. I believe that, in general, the people charged with applying the law try to be fair. But they, too, are human beings.I doubt whether any hon. Member, whatever the side of the House from which he speaks, would do an immigration officer's job day in day out without making an error and without tapping pencils on desks. They are, indeed, human beings. There was much of merit in the report. I share the views of colleagues who urge Ministers not to dismiss it in its entirety. Let us take from that report that which is good. Equally, there is much in the report that I beg to question. From my experience in Nottingham, I cannot understand why the report referred to "no contact" with Inland Revenue. The Inland Revenue has ready access to the rest of us. It seems perfectly reasonable to ask for the names of children and family trees. The sooner we obtain the truth about a case, the better. I have been asked, "Please, Mr. Brandon-Bravo, I would like a three-month holiday." On application to the Minister, that three-month holiday has been granted, only for me to receive, eight or nine weeks later, the request, "May I have another six months?" These matters cause doubt and concern, and it is not unreasonable for people to be suspicious. The right hon. Member for Manchester, Gorton (Mr. Kaufman) asked three questions as though, in some way, none of us has ever been faced with the problem of dealing with sham marriages. I refer the right hon. Gentleman to page 183 of the report. In annex B the immigration service rightly concludes:That is not an unreasonable statement, and we cannot simply ignore it. On Tuesday there was a mass lobby in Parliament which was supported by the Opposition parties. I do not believe that the total abolition of our immigration laws would be in the best interests of the population as a whole."There is no reason to believe that the incidence of evasion will decrease to any marked extent, for while the pressure to emigrate for economic reasons from Third World countries remains, developed countries will continue to be subjected to determined efforts at settlement by unentitled potential immigrants."
We never said that.
I know that it is not in the interests of our minority communities either.
6.28 pm
As hon. Members know, I am involved, perhaps more than any other hon. Member, in immigration questions. The Minister must be a little weary of writing my name almost daily. I have said to the hon. and learned Gentleman that I have always regarded the job of immigration Minister as a tough job, whatever the Government. The Minister must not just allay the fears of one section of the Conservative party. Conservative Members are not here in great numbers but, on the equality of spouses, they have shown themselves in previous debates to be sexist and anti-women's rights. That is the way in which they have addressed the problem concerning the unity of the sexes — whether a woman may decide. This principle is enshrined in the European convention on human rights. The changes in the rules are due more to that convention than to the magnanimity of the Minister of State or the Prime Minister. It was observed that there were prima facie cases of a contravention of the European Convention on Human Rights. In order to put that right, there has been a reversion — in a fashion — to the concept of the equality of the spouses. As a result, a number of people have entered the country.
I asked on one occasion whether priority would be given to husbands as a result. The question of the primary purpose of the union was less difficult to answer in such cases, especially when children had been produced. A wife who was living here might well have met her mate on a visit overseas. Those who work for British Airways or Air India find it easy to obtain cheap flights back to the land of their parents or grandparents, and unions may be made in that way. In my view, there is a strong movement away from the old-fashioned concept of the arranged marriage. It is a rule that the couple are required to have met each other before marriage, but there is evidence of blockage in cases where there has been considerable correspondence between the male and the female. The Minister says, quite fairly, that this debate will have some bearing on the Home Secretary's response to the CRE's report. The CRE is closely involved with the matter, and I hope that the Minister will listen to the views expressed on both sides of the House. I have never approached this question in a partisan way. I have written a book on the question and I was involved some years back with the Race Relations and Immigration Sub-Committee. The Committee struggled to achieve unanimity. My prime purpose at that time was to take the question out of the cockpit of party antagonism. The Minister is right. There has been no fundamental difference on the matter. I ask the Minister to take a cool look at the matter. He is charged with responsibility not only for the administration of the immigration rules, but for race relations. The Minister has made it clear that he does not wholly agree with the report—some people are sceptical about some of the phrases used in it—but he must take note of the report and the attitude of the United Kingdom immigration advisory service, which is funded by the Home Office to advise people in this country and overseas on their lawful rights. The CRE was set up under the Labour Government's Race Relations Act 1976. The two parties were united about the basic ideas in the Act, although there were some differences. Lord Whitelaw, who was then Home Secretary, accepted many of the arguments put forward by the Opposition. The cut and thrust of debate led to the establishment of a more civilised system. The Minister achieves nothing when he says how harsh the Labour Administration could be. He is, of course, quite right. One has only to look at the Commonwealth Immigrants Act 1968 which was a forerunner of later things. One has only to look at the attitude of my right hon. Friend the Member for Cardiff, South and Penarth (Mr. Callaghan) at that time towards the then Minister of State, Mr. Alex Lyon. Mr. Lyon was sacked. I protested about that sacking. I thought that Mr. Lyon had shown a decent and humanitarian attitude towards black and brown people in this country. He seemed to be taking an objective view and acting in a proper way, and was most approachable. I have not had any difficulty in gaining access to the present Minister of State either. I do not wish to dub him a racialist, as he has been called. That is no way to achieve the shift of attitude that the bulk of the House — including a number of hon. Members who are not present this evening—seems to desire.I too have been involved with this issue over the past 25 years. The first director of the CRE, Mr. David Lane, was one of the best of traditional Tories in the Macmillan-Macleod line. The Conservative Government have always been antagonistic towards the CRE, and Mr. Lane was given a rough ride by the Tories.
The CRE cares and worries about ethnic minority rights and related questions nearly all the time, and it would be fair to assume that it would respond in a very sympathetic and penetrating way. The report shows that it has done so. I would not say that I agreed with every syllable of the report, but the Minister should not ignore the grave disquiet that it exhibits about the racial minorities.
The Minister referred to adding to the numbers administering the rules. He must do better than that. There is undoubtedly an inbuilt delay system. When I went overseas with the Sub-Committee, I asked immigration controllers in all three countries in the Indian subcontinent about these matters and they frankly agreed that the system is designed so that people should only trickle through. That is not surprising. The inbuilt delay system was attendant upon the 1968 Act. British passport holders were excluded from being considered for immediate admission. That situation still exists. The report of that Sub-Committee is well worth studying. We recommended speeding up the interviewing system. We suggested that British officers should be sent to the pocket area of migration in Bangladesh, south of Bombay, to deal with the Gujarati question and to Jullunder, where many of the settlers in my constituency have come from. That immigration in my constituency caused some initial alarm, but many friendships have since been formed, and there is much mutual concern and care among the communities. The Minister should talk to the second and third generation—the babies of the babies—in order to get at the guts of the matter. There is a language difficulty, but that is what the Minister should do, and he should make some more substantial proposals than those that we have heard today.6.38 pm
I am grateful for the chance to speak, but somewhat flummoxed by the shortness of the time available to me.
The CRE has done a fine job in giving all the details of the discriminatory practices that, as all hon. Members who represent substantial black communities know, are encountered from day to day by members of those communities when they ask family members to stay with them or to take care of their elderly parents in their dying years. One of the most disgraceful and disreputable elements of our immigration control system is that people are not allowed to bring their elderly mothers, or fathers — perhaps aged over 70 — to live with them, even though they have the necessary housing and income. No one can say that this is pressure-to-immigrate, or that such people will take jobs or anything else, but we do not allow them entry. The other disgraceful operation of our immigration control is the refusal to allow our Asian women the same rights to marry whom they wish as our white women. The operation of the primary purpose rule is deliberately, continually and crudely racist. It removes some rights from Asian women, many of whom I have met and talked to in my constituency. Many of these women have been to the subcontinent and met men whom they have decided they wanted to marry. They have married there and stayed for a year, thinking that they would wait together in the year-long queue before the interview, after which they would come hack to the United Kingdom together. In a number of cases, the women have found themselves pregnant and come home—as they always say—for decent health care for their baby. Then. the Minister's immigration officials, applying the rule that he defends so passionately, have refused the husbands the right to come to join wives in the United Kingdom. In Ladywood alone, 12 children of such marriages have never seen their father. That is a shame and a blot, and, from a party that denounces countries such as the Soviet Union because of its treatment of families and its separation of family members, it is extremely hypocritical. The Minister's pressure-to-immigrate argument is a deep insult to the black communities of Britain. He looks at the world and suggests that anybody who comes to Britain from France, America or Canada, for example, will be authentic, decent and properly qualified. However, anybody who seeks to come here from a poorer country, the Third world or a developing country is somehow disreputable. He looks at the whole group, and, whatever the individual circumstances of the family or their entitlement, treats them as second-class applicants. He assumes that a person who is married to someone from India has lesser rights than a person who is married to someone who comes from America. The same is true about visitors and elderly parents. This is a disgraceful and disreputable argument. Superficially, it sounds acceptable, but in practice it is wrong. Many poor countries have no contact with Britain, and no pressure to emigrate here. Not many people from China, for example, wish to come to Britain. People do not wish to come here from all over India or from all over Bangladesh. Those who want to come are relatives of people who came legally to Britain when Britain wanted workers, and they want to join their families as wives and children, as elderly parents or married partners. To treat all of them as inferior applicants because the country from which they have originated is poor is racist in the extreme, and deeply unacceptable. The Minister constantly compares his record with that of the Labour Government. However, everyone in the Government of which he is a member disdains and rejects the economic policies of previous Conservative Governments. None of us would be in politics if we thought that everything that had been done in the past was perfect. The record of Labour and Conservative Governments has not been identical. The Conservative party has always had a much more deeply racist element within it, which has called much more passionately — [Interruption.] There is no doubt about it, and Conservative Members know it, and some members of that element have participated in the debate tonight. We saw it in the revolt on the primary purpose rule in 1983. The records of which party passed what legislation are different. My party's record is deeply blemished and not good enough. We have had a major argument within the party about that and we have now committed ourselves, through our conference and through our Front Bench spokesmen, both the present one and the previous one, to improve on our record. We mean it, and we shall do it. We are ashamed of the things that we did wrong in the past and we shall make sure that we do better next time.6.44 pm
I congratulate the CRE on its excellent report, professionally carried out, and with conclusions that are important to all hon. Members and the people. It is a tribute to the CRE that such a high standard of work has come from it. It is no wonder, given the Minister's attitudes, that his Department did its best to stifle the report before it got started. We know the history of the legal attempts made by the Government to prevent the CRE from continuing with the report.
The report is limited in scope and moderate in its language and conclusion—after all, it talks only about administrative improvements in the procedures. If every recommendation were to be accepted, there would be no new immigration commitment. Some hon. Members seem not to be aware of that, so I shall repeat it. Every recommendation in the report added together would not represent a single new immigration commitment. What we need, and what we have the right to ask for, is a detailed response by the Minister to each and every one of the report's recommendations. We have had the odd one turned down, a comment about one or two suggesting a possibly sympathetic response and nothing much about the rest of it. The Minister owes it to the people who have put a lot of work into the report, to Members of Parliament and to the country as a whole, to say what he and his Department think of each of those recommendations. The Minister, both today and in speeches made outside the House, has not denied any of the evidence in the report of maladministration in immigration procedures, of rudeness to applicants or of racial discrimination against people who have had dealings with ECOs or immigration officers. He said that he had priced the immigration implications of something that I had said on a previous occasion and not in the context of the report. If the Minister's attitude is to say that principles do not matter, and he will look simply at the numbers involved before making any decisions, that suggests that his policy is even more squalid than most of us had thought. I have a word of welcome for three things that the Minister said. He suggested that he agreed with the recommendation that there should be some training for new ECOs. He said that there is a possibility that he will consider publicising instructions to ECOs and that he would make a small temporary increase in the number of ECOs in Dhaka and Bangladesh. However, the Minister did not say whether he accepted the key point on the report, which has already been referred to by my hon. Friends, but which I shall quote again. The report says:A great deal hangs on the Minister's answer to the question whether he accepts that. Much of the thrust of the report concerns the manner in which interviews are carried out, with people seeking to exercise their rights under immigration rules and Acts. There was one telling quotation from an ECO who said, either to the interviewer or in written evidence:"it is far worse wrongly to refuse a genuine applicant than to admit a bogus one; and it is far worse to delay the exercise of their rights by genuine applicants than to allow a bogus applicant through the net in efforts to avoid delays."
The implication of that statement is that the sex lives of these people are relevant to whether they are entitled to come to this country. The point seems to be whether sex was taking place between the couple because, if it was not, there was a doubt as to whether the wife had a right to join her husband over here. That is a shameful approach, which the Minister should repudiate without question, and I hope he will do so. Attention has been paid by my hon. Friends to the interviewing of people under the primary purpose rule. I do not want to go through the whole argument but entry clearance officers are asking questions about the motives for marriage of people who wish to come together in this country. I question whether any couple subject to that sort of scrutiny could produce the answers every time which would allow an ECO to agree to entry. ECOs are not qualified to pry into marriages, yet the primary purpose rule seems to be an excuse for them to do so."Ask the sponsor if he can explain the gap in his child-fathering between (first child) and (second child). It was during this period that he first went to the UK, but he made a visit back to Bangladesh … yet no children were born as a result of that visit."
rose —
A couple of years ago when I was on a visit with a Select Committee I sat in on some interviews. Let me tell the Minister about one line of questioning. A woman whose husband was here was being questioned. She was asked, "When did your husband last visit you?" She answered, "About a year and a half ago." The next question was, "When he last visited you how many people were in the compound when he arrived?" I had been in a compound near Sylhet the day before and I could not remember how many people had been there when I arrived. That woman, who came from a culture not as obsessed as we are with times, dates, places and numbers, must have found that a very difficult question. The reason for her being asked the question was that other Home Office officials here could ask her husband the same question and then check to see whether the answers were identical.
That type of questioning is unprincipled and shameful, and should be no part of our procedures. That is why I deeply regret that the Minister or one of his colleagues has said that there is no question of having a tape recording of the interviews. Tape recordings would provide a basic safeguard for what is being done in our name at interviews in Dhaka, Islamabad and elsewhere.On my hon. Friend's second point about the primary purpose rule, does he not agree that, apart from the legislation with regard to prevention of terrorism, under no other British legislation is a person presumed to be guilty with the obligation to prove himself innocent? The reverse is always true, supposedly, in British courts. When an entry clearance officer is making a decision under the primary purpose rule the assumption is that the marriage is not genuine, and the couple have to prove themselves innocent. Is that not so?
I agree with my hon. Friend that the burden of proof is put on the applicant in a way that would be unacceptable in courts in this country. It is unacceptable to the majority of people here, especially when it is explained to them what is being done in our name.
When the report first came out, the Minister laid great emphasis on what he called the concept of pressure to emigrate. That is a circular argument. If the Home Office decides that there are certain countries from which there is no pressure to emigrate, those countries are not under the same scrutiny, and there is no problem about them. Since the Home Office decided that the West Indies was not in the category of pressure to emigrate, that argument has not applied to Jamaica, Guyana and other parts of the West Indies. Because the Minister and his officials start from different assumptions in relation to other countries, they examine more closely what is going on there and arrive at different conclusions. One has only to consider the figures quoted in the report for refusals of visitors. I was at Heathrow a couple of Saturdays ago and every person who was stopped that morning was non-white. That may have been coincidence, but the figures in the report bear it out. The refusal rates for visitors are 1 in 44 for Ghanaians, 1 in 80 for Pakistanis, 1 in 2,800 for Americans and 1 in 4,300 for Australians. Other hon. Members have quoted racial stereotypes from the report. It is said that Moroccans from immigrant areas seem to be both simple and cunning. There are stereotypes about Ghanaians and Nigerians and about what people look like. We have seen the comment in the report:Has the Minister taken any action about officials representing his Department who take such an attitude? My right hon. Friend the Member for Manchester, Gorton (Mr. Kaufman) has already quoted the secret directive which says clearly — as the Minister has admitted—that delays and bureaucratic procedures are an attempt to regulate the flow of immigrants. I hope he will publish that directive in full. I am glad that the Minister was candid enough to repudiate what the Home Secretary said at a conference in Manchester recently, and honest enough to say that these are deliberate delays and that the method is being used in this way."I want to do this re-interview myself. Hands off. This must be this year's strongest refusal".
rose —
I would rather not give way at the moment because I have one other point to make.
The Minister has used statistics incorrectly. The evidence is that in new Delhi the waiting time when the Labour Government left office was six months. Now it is 12 months. The waiting time in Bombay is not what the Minister said. According to the Hansard of the House of Lords of 24 May 1979, the queue for main settlement in Bombay was four and a quarter months in March 1979. The evidence is that when the Labour Government left office there were in Dhaka 15 ECOs, with two additional officers for seasonal relief. The number of ECOs is the same now. Comparing 1977–79 with the period since then, the number of applications has gone down from 24,500 per year to 16,000. The number of applications processed in the last two years of the Labour Government was nearly 28,000 per year. It is now just over 19,000. In other words, efficiency is lacking. Far fewer applications are being processed. The Government's record is shameful. What is being done on our behalf is a disgrace to the name of Britain. I was not a Member of Parliament in 1977–79 but I criticised the record of the Labour Government. However, their record was a great deal better than the record of this Government. I say bluntly and without equivocation that if my right hon. Friend the Member for Gorton and I have the privilege of occupying the equivalent posts in the next Labour Government we will make certain that the promises and commitments we have entered into will be kept.rose —
On a point of order, Mr. Speaker. Can you advise me on a matter of procedure? Am I right in understanding that if the Government do not move the closure motion on this debate before 7 o'clock we will automatically discuss the private business in regard to the GLC which is set down for 7 o'clock and then, should that debate not take the full three hours allocated to it, we can return to this debate? I have 10,000 people who wish to be represented in the debate. Other hon. Members wish to discuss the matter again after the GLC business. Will that be the procedure unless the Tory Government decide to close the debate?
The hon. Gentleman has got it absolutely right. If the closure is not moved and if the private business folds up before 10 o'clock we will come back to this business.
On a point of order, Mr. Speaker. In view of our debate on the Interception of Communications Bill—
Order. The House is not dealing with that Bill.
Further to that point of order, Mr. Speaker. In view of that, is the Minister making policy on his feet when he talks about the question—
Order. That has nothing to do with the matter.
rose in his place and claimed to move, That the Question be now put.
Question, That the Question be now put, put and agreed to.
Question put accordingly, That this House do now adjourn:—
The House divided: Ayes 140, Noes 219.
Division No. 223]
| [7.2 pm
|
AYES
| |
| Ashdown, Paddy | Crowther, Stan |
| Banks, Tony (Newham NW) | Cunningham, Dr John |
| Barnett, Guy | Davies, Rt Hon Denzil (L'lli) |
| Beckett, Mrs Margaret | Davis, Terry (B'ham, H'ge H'I) |
| Beith, A. J. | Deakins, Eric |
| Bell, Stuart | Dewar, Donald |
| Bermingham, Gerald | Dixon, Donald |
| Bidwell, Sydney | Dobson, Frank |
| Blair, Anthony | Dormand, Jack |
| Boyes, Roland | Dubs, Alfred |
| Bray, Dr Jeremy | Duffy, A. E. P. |
| Brown, Gordon (D'f'mline E) | Dunwoody, Hon Mrs G. |
| Brown, N. (N'c'tle-u-Tyne E) | Eadie, Alex |
| Brown, Ron (E'burgh, Leith) | Eastham, Ken |
| Bruce, Malcolm | Fatchett, Derek |
| Buchan, Norman | Faulds, Andrew |
| Callaghan, Jim (Heyw'd & M) | Field, Frank (Birkenhead) |
| Campbell-Savours, Dale | Fields, T. (L'pool Broad Gn) |
| Canavan, Dennis | Fisher, Mark |
| Cartwright, John | Foot, Rt Hon Michael |
| Clark, Dr David (S Shields) | Forrester, John |
| Clarke, Thomas | Foster, Derek |
| Clay, Robert | Foulkes, George |
| Clwyd, Mrs Ann | Fraser, J. (Norwood) |
| Cocks, Rt Hon M. (Bristol S.) | Freeson, Rt Hon Reginald |
| Cohen, Harry | Garrett, W. E. |
| Cook, Frank (Stockton North) | George, Bruce |
| Cook, Robin F. (Livingston) | Godman, Dr Norman |
| Corbyn, Jeremy | Golding, John |
| Cowans, Harry | Gould, Bryan |
| Cox, Thomas (Tooting) | Hamilton, W. W. (Central Fife) |
| Craigen, J. M. | Harman, Ms Harriet |
| Hart, Rt Hon Dame Judith | Morris, Rt Hon A. (W'shawe) |
| Hattersley, Rt Hon Roy | Morris, Rt Hon J. (Aberavon) |
| Healey, Rt Hon Denis | Nellist, David |
| Heffer, Eric S. | O'Neill, Martin |
| Hogg, N. (C'nauld & Kilsyth) | Orme, Rt Hon Stanley |
| Holland, Stuart (Vauxhall) | Patchett, Terry |
| Home Robertson, John | Pavitt, Laurie |
| Hoyle, Douglas | Pike, Peter |
| Hughes, Dr. Mark (Durham) | Prescott, John |
| Hughes, Robert (Aberdeen N) | Radice, Giles |
| Hughes, Roy (Newport East) | Randall, Stuart |
| Hughes, Simon (Southwark) | Rees, Rt Hon M. (Leeds S) |
| Janner, Hon Greville | Richardson, Ms Jo |
| John, Brynmor | Roberts, Ernest (Hackney N) |
| Jones, Barry (Alyn & Deeside) | Rooker, J. W. |
| Kaufman, Rt Hon Gerald | Ross, Stephen (Isle of Wight) |
| Kilroy-Silk, Robert | Rowlands, Ted |
| Kinnock, Rt Hon Neil | Ryman, John |
| Kirkwood, Archy | Sedgemore, Brian |
| Lamond, James | Sheerman, Barry |
| Leadbitter, Ted | Shore, Rt Hon Peter |
| Leighton, Ronald | Short, Ms Clare (Ladywood) |
| Lewis, Ron (Carlisle) | Silkin, Rt Hon J. |
| Litherland, Robert | Skinner, Dennis |
| Lloyd, Tony (Stretford) | Smith, C. flsl'ton S & F'bury) |
| McCartney, Hugh | Soley, Clive |
| McDonald, Dr Oonagh | Spearing, Nigel |
| McKelvey, William | Stott, Roger |
| MacKenzie, Rt Hon Gregor | Straw, Jack |
| McTaggart, Robert | Thompson, J. (Wansbeck) |
| Madden, Max | Tinn, James |
| Marek, Dr John | Wainwright, R. |
| Marshall, David (Shettleston) | Wallace, James |
| Maxton, John | Weetch, Ken |
| Maynard, Miss Joan | Williams, Rt Hon A. |
| Meadowcroft, Michael | Winnick, David |
| Michie, William | |
| Mikardo, Ian | Tellers for the Ayes: |
| Millan, Rt Hon Bruce | Mr. Frank Haynes and |
| Mitchell, Austin (G't Grimsby) | Mr. John McWilliam. |
| NOES | |
| Adley, Robert | Carlisle, John (N Luton) |
| Aitken, Jonathan | Carlisle, Rt Hon M. (W'ton S) |
| Alexander, Richard | Carttiss, Michael |
| Amery, Rt Hon Julian | Cash, William |
| Amess, David | Chapman, Sydney |
| Ancram, Michael | Chope, Christopher |
| Arnold, Tom | Clarke, Rt Hon K. (Rushcliffe) |
| Ashby, David | Colvin, Michael |
| Atkins, Rt Hon Sir H. | Coombs, Simon |
| Baker, Rt Hon K. (Mole Vall'y) | Cope, John |
| Baker, Nicholas (N Dorset) | Cormack, Patrick |
| Baldry, Tony | Cranborne, Viscount |
| Banks, Robert (Harrogate) | Crouch, David |
| Batiste, Spencer | Dicks, Terry |
| Bendall, Vivian | Dorrell, Stephen |
| Benyon, William | Douglas-Hamilton, Lord J. |
| Best, Keith | du Cann, Rt Hon Sir Edward |
| Biffen, Rt Hon John | Durant, Tony |
| Biggs-Davison, Sir John | Dykes, Hugh |
| Blaker, Rt Hon Sir Peter | Edwards, Rt Hon N. (P'broke) |
| Body, Richard | Eggar, Tim |
| Bonsor, Sir Nicholas | Evennett, David |
| Boscawen, Hon Robert | Eyre, Sir Reginald |
| Bottomley, Peter | Fallen, Michael |
| Bowden, A. (Brighton K'to'n) | Farr, Sir John |
| Bowden, Gerald (Dulwich) | Fenner, Mrs Peggy |
| Boyson, Dr Rhodes | Fookes, Miss Janet |
| Brandon-Bravo, Martin | Forsyth, Michael (Stirling) |
| Bright, Graham | Forth, Eric |
| Brittan, Rt Hon Leon | Freeman, Roger |
| Brown, M. (Brigg & Cl'thpes) | Fry, Peter |
| Bruinvels, Peter | Gorst, John |
| Buck, Sir Antony | Gregory, Conal |
| Budgen, Nick | Grylls, Michael |
| Burt, Alistair | Gummer, John Selwyn |
| Butterfill, John | Hamilton, Hon A. (Epsom) |
| Hamilton, Neil (Tatton) | Pattie, Geoffrey |
| Hampson, Dr Keith | Pollock, Alexander |
| Hanley, Jeremy | Powell, William (Corby) |
| Hawksley, Warren | Powiey, John |
| Hayhoe, Barney | Prentice, Rt Hon Reg |
| Heathcoat-Amory, David | Price, Sir David |
| Heddle, John | Proctor, K. Harvey |
| Heseltine, Rt Hon Michael | Rathbone, Tim |
| Hickmet, Richard | Renton, Tim |
| Higgins, Rt Hon Terence L. | Rhodes James, Robert |
| Hirst, Michael | Ridsdale, Sir Julian |
| Hordern, Peter | Rifkind, Malcolm |
| Howard, Michael | Robinson, Mark (N'port W) |
| Howarth, Gerald (Cannock) | Roe, Mrs Marion |
| Hunter, Andrew | Rossi, Sir Hugh |
| Hurd, Rt Hon Douglas | Rowe, Andrew |
| Irving, Charles | Rumbold, Mrs Angela |
| Jackson, Robert | Ryder, Richard |
| Jones, Robert (W Herts) | Sackville, Hon Thomas |
| Kershaw, Sir Anthony | Sayeed, Jonathan |
| Key, Robert | Shaw, Giles (Pudsey) |
| Lang, Ian | Shaw, Sir Michael (Scarb') |
| Lawler, Geoffrey | Shelton, William (Streatham) |
| Lawrence, Ivan | Shepherd, Colin (Hereford) |
| Lennox-Boyd, Hon Mark | Shepherd, Richard (Aldridge) |
| Lester, Jim | Silvester, Fred |
| Lewis, Sir Kenneth (Stamf'd) | Sims, Roger |
| Lightbown, David | Skeet, T. H. H. |
| Lilley, Peter | Smith, Tim (Beaconsfield) |
| Lloyd, Ian (Havant) | Soames, Hon Nicholas |
| Lloyd, Peter, (Fareham) | Speed, Keith |
| Lord, Michael | Speller, Tony |
| Luce, Richard | Spence, John |
| Lyell, Nicholas | Spencer, Derek |
| McCurley, Mrs Anna | Spicer, Jim (W Dorset) |
| Macfarlane, Neil | Spicer, Michael (S Worcs) |
| MacGregor, John | Squire, Robin |
| MacKay, Andrew (Berkshire) | Steen, Anthony |
| Maclean, David John | Stern, Michael |
| McQuarrie, Albert | Stevens, Martin (Fulham) |
| Major, John | Stewart, Allan (Eastwood) |
| Malins, Humfrey | Stewart, Andrew (Sherwood) |
| Malone, Gerald | Stewart, Ian (N Hertf'dshire) |
| Maples, John | Stradling Thomas, J. |
| Marland, Paul | Taylor, Teddy (S'end E) |
| Marshall, Michael (Arundel) | Temple-Morris, Peter |
| Mates, Michael | Thompson, Donald (Calder V) |
| Mather, Carol | Thompson, Patrick (N'ich N) |
| Maude, Hon Francis | Townend, John (Bridlington) |
| Mawhinney, Dr Brian | Townsend, Cyril D. (B'heath) |
| Mayhew, Sir Patrick | Tracey, Richard |
| Mellor, David | Twinn, Dr Ian |
| Merchant, Piers | van Straubenzee, Sir W. |
| Miller, Hal (B'grove) | Viggers, Peter |
| Mitchell, David (NW Hants) | Waddington, David |
| Moate, Roger | Wakeham, Rt Hon John |
| Montgomery, Sir Fergus | Waldegrave, Hon William |
| Moore, John | Walden, George |
| Morris, M. (N'hampton, S) | Walker, Bill (T'side N) |
| Morrison, Hon C. (Devizes) | Walker, Rt Hon P. (W'cester) |
| Morrison, Hon P. (Chester) | Waller, Gary |
| Moynihan, Hon C. | Ward, John |
| Murphy, Christopher | Wardle, C. (Bexhill) |
| Neale, Gerrard | Watson, John |
| Needham, Richard | Watts, John |
| Nelson, Anthony | Wells, Bowen (Hertford) |
| Norris, Steven | Wheeler, John |
| Oppenheim, Phillip | Winterton, Nicholas |
| Osborn, Sir John | Wolfson, Mark |
| Page, Sir John (Harrow W) | Wood, Timothy |
| Page, Richard (Herts SW) | Yeo, Tim |
| Parkinson, Rt Hon Cecil | |
| Parris, Matthew | Tellers for the Noes: |
| Patten, Christopher (Bath) | Mr. Michael Neubert and |
| Patten, J. (Oxf W & Abdgn) | Mr. Tim Sainsbury. |
| Question accordingly negatived. |
Greater London Council (General Powers) Bill (By Order)
Order for Second Reading read.
I have selected for debate with the Second Reading instruction No. 1—
and instruction No. 4— That it be an Instruction to the Committee on the Bill to leave out Part V. Clause 54 and Schedule 2.That it he an Instruction to the Committee on the Bill to insert a clause preserving any pre-existing rights of succession vested in street traders and that, subject to such rights, any vacancies for street trading licences be advertised—
7.14 pm
I beg to move, That the Bill be now read a Second time.
It falls to me to move the Second Reading of the Bill, which is not a task I undertake with great relish. Perhaps I can make a few points by way of preamble. First, it should be noted that I am the first chairman of the GLC to move such a Bill in the House, and I trust that I shall not be the last.You will.
Although the Greater London council is officially the promoter of the Bill, it is acting only as an agent, so hon. Members should direct their barbs not at me, but through me to the boroughs which introduced the Bill. The GLC has a direct link only with clauses 3 and 4. All other clauses have been inserted at the request of the London boroughs by the Association of London Authorities and the London Boroughs Association.
Under the terms of the Local Government Bill being discussed in another place, this could be the last Greater London Council (General Powers) Bill. If it is, the London boroughs will lose an efficient and convenient method of promoting legislation. Indeed, clause 85 of the Local Government Bill removes the effective realisation of Londonwide legislation. If that Bill becomes law, it is likely that the House will be presented with a hotch-potch of legislation promoted by anyone or any combination of 33 London boroughs. Clearly, the Government are no more interested in the efficient promotion of private Bills than they are in the efficient local government of London. Most of the Bill is non-contentious. Hon. Members will have received a letter from the head of the GLC's administrative, law and parliamentary branch setting out in clear detail its provisions. Therefore, I shall mention those clauses only briefly. Clause 3 seeks powers to make a charge for dealing with applications for varying the terms, conditions or restrictions to existing entertainment licences. Clause 4 seeks new powers to serve a notice on each property owner and occupier on whose land adopted flood defences are situated to incorporate the adopted features into the flood defences of London so that alterations may be controlled. There are rights of appeal under the clause, and payment of compensation where appropriate. The GLC and its predecessor authority, the London county council, have done excellent work in flood prevention in London, and the Thames barrier is a unique technological tribute to both authorities. Clauses 5 to 9 were inserted at the request of the LBA, supported by the ALA, and are designed to help to prevent footway collapse in London's streets, which include many vaults and cellars. Unfortunately, this is happening too often now as heavier and heavier lorries use our streets. Clause 10 seeks to exempt from the licensing codes that control massage establishments premises which are run —[Interruption.] I am sorry, Mr. Deputy Speaker, but I must stand somewhere else, because it is a little difficult to concentrate in view of what appear to be interesting conversations being held just below the Gangway. Clause 10 seeks to exempt from the licensing codes that control massage establishments premises that are run by persons registered under the Professions Supplementary to Medicine Act 1960 or by registered medical practitioners. Since the Greater London Council (General Powers) Act 1984, the LBA arid the ALA have accepted that premises used by members of bodies which specify qualifications and require their members to observe professional standards for the practice of chiropractic, osteopathy, naturopathy or acupuncture should also be exempted, and clause 10 provides that. As for clause 11, the London Boroughs Association, primarily at the prompting of Westminster council, seeks to make amendments to schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 which relates to the licensing of sex establishments. I understand that the Home Office has objected. Rather belatedly, the London boroughs have submitted evidence to the Home Office to justify the provisions contained in the clause. I believe that that evidence will convince the Ministers. If not, they will make their feelings known in Committee. The Greater London council is not involved in this part of the Bill and has no evidence to offer in support of the boroughs. Clause 11 seeks to establish control over the sex-related use of premises—for example, sex encounter establishments. These are establishments with which I am sure neither you, Mr. Deputy Speaker, nor I am acquainted. Clause 11 brings them within the provisions of schedule 3 to the 1982 Act. I shall leave hon. Members to read in the Bill the definitions of a sex encounter establishment. Because of my sheltered upbringing 1 could not bring myself to read them. Secondly, the 1982 Act referred to premises which were involved "to a significant degree" in the selling or hiring of sex articles. The definition of "to a significant degree" has led to a considerable amount of argument, mostly between lawyers, at great expense to the ratepayers. One thinks of bookshops and video shops which sell some sex articles but which at the moment are able to avoid control under schedule 3 to the 1982 Act. The London boroughs wish to delete "to a significant degree" and substitute "includes the" in order to provide for the control of shops selling some sex articles. Thirdly, the London boroughs want, quite rightly, to charge licensing fees in order to cover the reasonable cost of inspecting sex premises. Fourthly, the boroughs wish to have the same powers of forfeiture and seizure of apparatus and equipment — the mind boggles at that point — under schedule 3 to the 1982 Act as are currently provided under the Cinematograph Acts. Fifthly, the boroughs seek to allow a sex establishment to continue only until a licence determination has been made but not until an appeal has been completed. Hon. Members will be delighted to know that part IV will be withdrawn. If the House gives a Second Reading to the Bill, the necessary amendments will be included in the filled-up Bill to be placed before the Committee. A working party has been set up to examine the nature of part IV. I hope that it will produce an agreed report at a later stage. I now turn to part V, about which hon. Members have made representations to me. It deals with the regulation of street trading. I spent a little time upon describing the earlier parts of the Bill in order to demonstrate that it contains much that is worthy and commendable. However, part V has led to controversy. Market traders have expressed considerable opposition to it. I congratulate their organisations upon their assiduous campaigning. The London boroughs have made a very good case for the rationalisation of the street trading laws. If one looks at schedule 2 to the Bill, one sees there is a widely different pattern of street trading regulations throughout London. Therefore, some conformity in the regulations is necessary.Is the hon. Gentleman prepared at a later stage, if the Bill is given a Second Reading, to make amendments in order to cover the arguments and representations which have been made? This would help hon. Members to know what the prospects at a later stage might be.
I am grateful to the hon. Gentleman for his intervention. I hope to be able to answer on behalf of the sponsors most of the objections that have been raised by right hon. and hon. Members. This is a matter upon which the House will wish to express a view. I shall listen very carefully to hon. Members. I have full authority to give assurances before Committee. This is one of those rare opportunities when the House can influence legislation in a real way, perhaps by means of the strength of the arguments advanced by hon. Members.
As I have already pointed out, part V is highly contentious and a number of representations have been made. As a result of the detailed discussions I have had with my hon. Friends the Members for Norwood (Mr. Fraser), for Peckham (Ms. Harman), for Islington, South and Finsbury (Mr. Smith) and for Greenwich (Mr. Barnett) and with traders in my own borough, Newham, I can signify on behalf of the sponsors their acceptance of the first instruction relating to the rights of inheritance and advertising. It seems to us to be perfectly reasonable that there should be a right of inheritance over market trading. The necessary amendments will be tabled in Committee. The first instruction is therefore acceptable.I am sure that the hon. Gentleman realises that it is very important for him to set out, for the convenience of the House, the extent of the inheritance provisions.
I am accepting on behalf of the sponsors the first instruction on the Order Paper. There will be further discussions between the representatives of the market traders and the boroughs to secure an acceptable form of wording before Committee and they will take place in the light of the first instruction. It is not for me to set out the extent of those provisions. It is for the representatives of the boroughs and the market traders to reach agreement. We accept that it is the principle of inheritance which has most exercised the market traders.
Following the earlier interventions, I hope that the hon. Gentleman will forgive me if I press this point a little further, because it causes immense anxiety among those who are most directly concerned. The proposals involve a break in tradition. Therefore, the hon. Gentleman's assurance needs to be couched in more precise language. Just to say that acceptance of the principle is hereby acknowledged is not sufficient at this stage. The hon. Gentleman understands that this issue crosses party lines and that anxiety is felt on both sides of the House. Therefore, I am sure that he wishes to help the House with a much more concrete assurance which specifically states that the rights of direct inheritance and succession will be restored.
I thought that I had already said that. I can only accept what appears on the Order Paper in terms of the wording of the first instruction. There is nothing else for me to accept, apart from the first instruction and the principle that there will be the ability to pass on through the families of the traders the market licence for the market stalls. That seems to me to be a perfectly reasonable assurance.
I know only too well that the hon. Gentleman is seeking to be helpful on this issue. However, as I read the first instruction it puts the situation back to what it was before the Bill was introduced. It refers to the pre-existing rights of succession. If that is the case, many hon. Members will be satisfied. However, the hon. Gentleman muddied the waters more than a little by going on to say that these matters will be discussed between the promoters of the Bill and the market traders. If the law is not to be changed, is there any need for discussion?
The need for further discussion seems to be that hon. Members have not fully understood what I have said. I have said that we accept instruction No. 1. That must be comprehensible to all hon. Members as I assume that the words in the instruction mean the same to everyone. It means that we can go back to the pre-existing position. What else do hon. Members want?
I am a little confused. Perhaps the hon. Gentleman can enlighten me. Why, then, is further discussion needed?
Because it is in the Bill and I am introducing the Second Reading debate. I have said that we accept instruction No. 1. I do not know what more the hon. Gentleman wants. I want to get on, but I am being delayed by all these interruptions. If we are accepting instruction No. 1, someone will have to produce the necessary amendments for the Committee stage. I should have thought that even the hon. Gentleman could understand that.
I understand that my hon. Friend has accepted the instruction in my name and those of my hon. Friend the Member for Norwood (Mr. Fraser) and others to the effect that the pre-existing rights to succession vested in street traders will be preserved. That is the principle that we want but it is not in the clause. Discussions will therefore have to take place to ensure that provisions are drafted to meet that principle. I think that we should be satisfied with that.
I am grateful to my hon. Friend for spelling this out so that everyone can understand. The Bill is silent on the subject of inheritance. Amendments will be needed in Committee because we have said that we are restoring and preserving inheritance. There should be no doubt in anyone's mind but that the boroughs have entirely conceded the market traders' case in this respect.
I cannot accept instruction No. 4 in the same unqualified way, but I hope to satisfy the hon. Members for Southwark and Bermondsey (Mr. Hughes) and for Woolwich (Mr. Cartwright) that it is unnecessary. Personally, I do not believe that the boroughs consulted the market traders adequately. From the evidence that I have, there seems to have been scant consultation with the London-based Federation of Street Traders Unions and little, if any, consultation with the National Market Traders Federation. [Interruption.] I do not wish to break up any cross-Chamber discussions, but I should like to continue. Representatives of the London boroughs have told me that they sought consultation on the London Boroughs Association working party report in June 1983 but received no response and that they also received no response when they produced the draft Bill. I do not know exactly where the breakdown in communications occurred or whose fault it was, but there has been considerable muddying of the waters and possibly some misunderstanding. The market traders seem to have been left in the dark for rather a long time, which no doubt exacerbated certain unnecessary fears on their part. I am sure that most of them, as honest, hard-working traders, accept the need for some regulation for the benefit of both traders and shoppers. The GLC has tried to act as an honest broker to bring the various parties together and I believe that we have made considerable progress. With a little more time, I know that we can reach an overall agreement, so I hope that the House will give the Bill a fair wind today. Many of the clauses in part V of the Bill are unexceptionable but necessary and, I believe, could be accepted by boroughs and market traders alike with certain amendments. It would be a great shame to lose perhaps the last chance to achieve some rationalisation of street trading in London by throwing out the whole of part V. Clause 37 deals with definitions, clause 38 excludes the City of London and clause 39 concerns offences for trading without a licence. All those provisions have been agreed, so there seems to be no problem there. Clause 40 deals with the designation of streets. At present, in inner London there is a right of appeal to the Home Secretary. If the clause is passed as it stands that right of appeal will be removed. We have a Minister from the Home Office with us today and we understand that the Home Office does not wish to be the appeals authority for the whole of London. In fact, appeals are rarely made, but market traders in inner London see the right of appeal as an insurance policy. I am sure that no one wants the Bill to go through without making provision for an appeals authority. Speaking from years of experience of local government, I would not wish to leave it at local council level, but I believe that there must be a right of appeal. This will be a matter for discussion between the traders and the boroughs, but I have the authority to say that the clause will be amended in Committee to preserve the right of appeal. The Home Office, of course, may object. It would help, therefore, if the Minister of State will tell us today whether the Home Office is prepared to accept a responsibility which has not proved particularly onerous in relation to inner London.
Will the hon. Gentleman be more explicit and make it clear that the Bill will not go through unless there is a right of appeal? If the Home Office will not accept responsibility, who will do so if the GLC no longer exists? Unless the hon. Gentleman can give those assurances, my hon. Friends and I will not be satisfied.
I should very much like to answer that directly, but it is not in my power to do so at present. I have invited the Minister to comment and I hope that he will do so. The Home Office would not be taking on a great deal of responsibility. I am sure that the Minister does not wish to jeopardise the Bill, in view of what the hon. Member for Southwark and Bermondsey has said.
In general, the Government's view is that an appellate power devolved on the Home Secretary is a rather unnecessary way to handle an appeals procedure which should be dealt with at a much more local level. That there should be an appeals procedure in the Bill, however, will no doubt be hotly debated in Committee.
The appeal could be through the Greater London Council. It would delight me no end if the Minister could tell us that the Government intend to drop their proposal to abolish the GLC. There would then be ample machinery for appeals. I hope that that deals with the fears expressed by the hon. Member for Southwark and Bermondsey. I see the hon. Gentleman shaking his head. Apparently he is not satisfied, so the Government are now jeopardising the Bill.
If the Home Office will not accept the responsibilities that it ought to accept and refuses to allow the right of appeal to the Home Office, will my hon. Friend assure the House that the clause will not go through unless an appeals procedure can be achieved with the designation of a body agreed by the street traders associations and the sponsors of the Bill. It must be an independent procedure which commands the support of the street traders. Will my hon. Friend assure the House that the right of appeal will not fall if the Home Office reneges on its responsibilities?
Yes, I am empowered to give such an assurance, which will undoubtedly meet the point made by the hon. Member for Southwark and Bermondsey. I believe, however, that the appeals procedure would be better exercised through the Home Office. If the Home Office refuses to extend its present appeals function in inner London to cover greater London, that will be a great pity—but if that happens we shall certainly table the necessary amendments in Committee to satisfy traders that there will be some form of independent appeal.
It is important to get this point clear. Will the hon. Gentleman give an assurance that unless that can be agreed between the sponsors and the traders clause 40 will go?
The hon. Gentleman has a funny idea of what negotiation is all about. He seems to be saying that, if we do not entirely accept what the market traders are likely to put to us, the whole clause should go. I believe that we should find a mutually acceptable appeals procedure. It is a very strange appeals procedure which does not satisfy all those likely to appeal to it. The hon. Gentleman is pushing us rather hard, especially as it is not for me to negotiate the fine print while on my feet. I should have thought that my acceptance of the principle would satisfy the hon. Gentleman.
For many years there has been a problem in the licensed taxi trade about not having a right of appeal. The Transport Bill has just dealt with the matter, and the clause involved an appeal to the magistrates court. Could the hon. Gentleman give us an assurance perhaps in that direction?
On the surface of it, having just had that idea bounced at me, a form of legal appeal would seem to be acceptable. However, I ask hon. Members to be reasonable. Such things would need to be considered. I am not trying to be evasive and I am not trying to duck the issue. I am trying hard to concede the principle without crossing the "t's" and dotting the "i's" here. Clearly one is not in a very good position to do that now.
Does the hon. Gentleman have in mind an appeal to the courts, or a judicial form of appeal?
In the final analysis, an appeal that ends up in the courts is better than an appeal that stops short of them. That must be true for all appeals. We all have our own opinions about the independence of the judiciary, but by and large it seems to be more independent than most other institutions that I can think of immediately unless there is to be an appeal to the GLC. However, we might not be around to hear it. But of course I accept the hon. Gentleman's point.
Clause 41 relates to applications for licences. With regard to subsection (3), the boroughs concede the case against the countersigning of photographs. They consider that to be unnecessary, so that also will be removed from the Bill. Subsection (4) (a) refers to a licence being granted only to someone aged 18 or over. The market traders want to see a reduction to the age of 17. There is, of course, a problem, because the age of legal majority is 18. However, I understand that in miscellaneous provisions the Government seem to concede the age of 17, so it seems only reasonable to accept that age. After all, market trading is an arduous business and if someone can pass the business on to a son or daughter at an earlier age he or she can no doubt then enjoy some well-deserved retirement. Therefore, that, too, will be conceded. With regard to subsection (6) (e), the boroughs have conceded the point about on-storage facilities. Clause 42 relates to the duration and terms of licences. Unfortunately, this is another sticky one. At present, those conditions are covered by byelaws. I understand that under the Bill it is proposed that the boroughs should specify the conditions. I hope that hon. Members have noticed that licences in general will be extended from the present one year to three years. That is clearly welcomed by the market traders. But, of course, the market traders want to retain terms and conditions that are determined by byelaws. The boroughs have not yet conceded that point, but in my discussions with them I have been assured that if more time is given for consultation there will be an amicable outcome. It is a generalised statement, but I am convinced that there is good will here to meet the point. If hon. Members want my personal opinion, it is that I have sympathy with those who want to see the conditions retained through byelaws, as that seems to be a much neater and more precise way of dealing with this aspect of the Bill.As the hon. Gentleman knows, the difference between the byelaw procedure and the regulations procedure is that the byelaw procedure has an appeal system built into it. I should like him to say that by the time the Bill leaves Committee the clause will have settled for the byelaw rather than the regulation procedure. We need to know that there is an appeals system under this clause, just as we have been told that there will be one in the other clause.
I can gladly help the hon. Gentleman. In everything that we do, there must be an adequate and acceptable appeals procedure, so I accept that. However, I ask hon. Members to give the boroughs and market traders a little more time in which to come up with something that is mutually satisfactory. But in principle I should like to see appeals procedures written into the Bill throughout. That is the only way that hon. Members can be satisfied that the Bill has a fail-safe mechanism.
Clause 43 deals with the revocation of licences. It is generally acceptable—this goes back to instruction No. 1 — with the exception of the silence on inheritance. I have said that we have accepted instruction No. 1, so it has been restored. In those circumstances, I hope that we shall not have to go over the ground again.What sort of convictions does the hon. Gentleman anticipate under paragraph (e) ? The words used leave it very wide, and could mean that for drunken driving the trader would lose not only his driving licence but his licence to trade.
I cannot be as precise as the hon. Gentleman would like me to be. However, I should have thought that in principle we would want those trading commercially to be of a fit and proper character in all respects. We know that there are certain criminal offences that preclude applicants from securing other licences. However, I cannot be more precise than that. We should not want invidious requirements to be written into this part of the Bill that are not normal in other areas of licensing where there are certain disqualifications.
Perhaps the phrase "serious criminal offence" might be better.
It is a very interesting point. Some would take issue with the phrase "serious criminal offence". There would be instant divisions in the House if hon. Members started talking about what constituted a serious offence during the miners' dispute. This is a difficult area. The hon. Gentleman is reaching out towards a solution, but we have not yet reached it.
I was involved in a campaign to ask a local authority not to renew the licence of a trader who had been committing the offence of selling racist literature and of inciting racial hatred. I should not want a situation in which such a refusal to renew the licence was impossible.
rose —
I give way to my hon. Friend.
Order. Hon. Members must not intervene in the interventions of hon. Members.
I am sorry, Mr. Deputy Speaker, but I gave way immediately. However, if you wish me to preface my giving way with a few sentences, I shall do so.
Will my hon. Friend give way?
I give way to my hon. Friend.
My hon. Friend started by saying that in general he thought that clause 43 was acceptable. Paragraphs (a), (b) and (c) deal with revoking licences if there is not enough space, if the trader is trading in a class of articles that is not approved, or if a licence holder has persistently failed to trade for the number of days specified in every week. But clause 45(1) (c) (ii) seems to say that it is impossible to appeal against those three grounds of revocation. That is a genuine query. If there is not the same right of appeal, there should be.
I am being asked some very detailed questions. While hon. Members make their speeches, I shall seek advice and answer the points raised when I reply to the debate. I hope that hon. Members will bear in mind that I shall reply to their points later.
Does my hon. Friend accept that a provision to revoke a licence on the ground of a person having committed an offence that makes him unsuitable is rather vague? It is always best to have a schedule that will lay down which offences render someone unsuitable. Everything that is not scheduled would not render someone unsuitable. That would be better than having subjective definitions of such words as "serious".
I am sympathetic to my hon. Friend's suggestion. Perhaps we could start with the Ten Commandments and then work our way through the various other crimes enshrined in the criminal code. However, I accept that we cannot leave the matter open by using a word like "serious". These are matters of detail that can be settled in Committee. My hon. Friend's suggestion of a schedule that specifies every offence would mean a rather large Bill.
A more general but important point that has worried street traders is that clause 43 (1) (e) contains the words
Surely with that phrase in the Bill, there is no point traders in appealing to a court."or for any other reason."
rose —
Order. The debate seems to be turning into a prolonged Committee stage. It might be better if we were to proceed in our usual fashion, which is for hon. Members to have the opportunity to make their own speeches and for the hon. Member for Newham, North-West (Mr. Banks) to have the opportunity at the end of the debate to reply to the points raised.
For that relief, much thanks Mr. Deputy Speaker. I am trying to be as reasonable and as accommodating as possible so that the House can give the Bill a Second Reading.
I agree with the hon. Member for Lewisham, East (Mr. Moynihan) that all legislation should be as precise as possible and not open to wide interpretation. Although a Minister might say, "This is in my mind," unless it is enshrined in legislation someone else will come along with a different interpretation that was not in the Minister's mind. Therefore, we want the Bill to be as precise as possible and not contain the vague generalities contained in this clause. Further discussions are being held on clause 44, which relates to the grant, renewal or revocation of licences. The differences of opinion are not great and I am confident that the discussions will prove satisfactory.I hope that you will accept my apologies, Mr. Deputy Speaker, for rising when you have suggested that we follow the normal procedure. However, an important point arises on this clause. I am grateful to the hon. Member for Newham, North-West (Mr. Banks) for tolerating such a large number of interventions.
There is anxiety among street traders that, although clause 45 sets out the appeal's procedure — I am not grumbling about that — it nevertheless contains a provision that the borough councils would not be obliged to conduct a hearing at the request of the aggrieved party. It may be going too far to reverse that completely, but will the hon. Gentleman give a partial undertaking that that wording will be reconsidered following discussions with the agencies concerned so that the hearing can be rendered permissive at the request of the aggrieved party?I shall come back to that point when I reply to the debate. The principle appears to be a good one After all, we are dealing with people's livelihoods. They should have ample opportunity to put their case to, and to be satisfied that their case has been heard by, an independent body.
Clause 46, dealing with temporary licences, is acceptable to the traders — unless hon. Members have information that has not been given to me. On clause 47, the market traders rightly thought that the use of waiting lists offered the possibility of corruption. The boroughs have agreed to withdraw that. It is tied in with instruction No. 1, which allows for inheritance and advertising. Therefore, in a way, clause 47 is now redundant. Clause 48 deals with fees and charges. The boroughs expressed a wish to vary fees, but the market traders believed that that would lead to an administrative nightmare and they strongly objected to it. I understand that the boroughs have offered to drop the differential charges based on goods sold. That should meet the traders' objections. However, it will be subject to further discussion under clause 48(1) (c). We come now to the exciting bit—clause 49, which deals with receptacles and containers. The boroughs are willing to concede the traders' request that they do not have to use only the receptacles provided by the boroughs. The boroughs have realised that this is unreasonable.Will the hon. Gentleman confirm that the provision in clause 48 for differential charges to be based on goods has been dropped?
I have dealt with that, but I think the hon. Gentleman was talking at the time, or being talked to or at. He missed what I said, which was that my latest information is that the boroughs have offered to drop differential charging based on goods sold.
Clause 50, dealing with offences, provides new powers to deal with unlicensed trading. That is as much in the interests of the market traders as it is in the interests of the local authority. There have been some objections to subsection (1) (e), which requires traders to produce their licences, duly signed and bearing a photograph, if requested by an authorised council officer or a constable. But, of course, that subsection provides for a reasonable excuse for not being able to comply with subsection (1) (e). Again, "reasonable" is the word that lawyers love to hear because it means fat fees. Indeed, the lawyers tell me that that is true. The Bill is designed to help local authorities and market traders, not lawyers. The boroughs have offered to amend clause 50 so that market traders are required to produce their licence only when they are trading. There was some thought that they might get knocked up at 3 am by a police officer or an inquisitive council officer and be asked to produce their licence. The clause also allows a reasonable excuse to be offered. Clause 51 concerns the power to remove receptacles and I understand that there is no problem with it. Clause 52 concerns the employment of assistants. Clause 52(1) provides for licence holders to employ an assistant provided that the licence holder is in attendance. On the face of it, that seems unreasonable, as the hon. Member for Woolwich (Mr. Cartwright) told me elsewhere. The clause is designed to prevent traders from holding several market licences in different London markets and therefore trading at different times and places. That is all the more likely if we are restoring inheritance. Traders who trade at different times and at different markets deprive local consumers of a service and deny access to others who might wish to trade but cannot because the local authority tells them that all the pitches are notionally full. The stalls at Stratford market in my constituency are always present on Friday and Saturday, but they are not on other days when they might be. The traders might be trading elsewhere. That is to the disbenefit of local consumers. There is a danger here because we have agreed on instruction No. 1. The boroughs have a strong case, but they are making it badly. However, what they are trying to achieve is reasonable.I am grateful for the reasonable way in which the hon. Gentleman has presented clause 52, but I am worried about it, as are street traders. It gives the local authority a sweeping power, as does clause 43(1) (d) which provides that a trader might lose his licence if he has
What is a "reasonable excuse"? What are "reasonable times"? Does the hon. Gentleman agree that these are sweeping powers and that there might be better ways in which to deal with the problem?"without reasonable excuse failed personally to attend at the fixed position to which his licence refers at all reasonable times".
I can only agree with the hon. Gentleman. I have said all along that the use of such words leads to insecurity and doubt. Perhaps I may return to that matter later. If the House concedes that the boroughs have a good case, it must be possible to produce acceptable wording in Committee. The boroughs have a case, but it is not well put in the Bill. I am not responsible for the Bill's wording, and I am grateful for that.
Clause 53 concerns savings and clause 54 deals with the repeal of local enactments relating to street trading. I understand that traders are worried about the transitional period and that the boroughs are more than ready to extend it. That is a matter for discussion. Schedule 2 demonstrates far better than I can the patchwork of current street trading regulations in London. We should not allow that to continue. If the GLC is abolished, this is perhaps the last opportunity that we shall have to get some form of regulation. Street trading is an essential and colourful feature of commercial life in London. Part V introduces a more coherent pattern of trading. I hope that the answers that I have given on the hoof satisfy hon. Members that the Bill should be given a Second Reading, although I shall endeavour to answer hon. Members' questions. I have mixed pleasure in moving the Bill's Second Reading, but I can say one thing with great confidence — that the GLC still remains the finest and most progressive local authority in the land.8.5 pm
I cannot go along with the latter comments of the hon. Member for Newham, North-West (Mr. Banks), but I congratulate him on being elected the final chairman of the GLC and on his distinction in moving the Bill's Second Reading in that capacity. I understand that Winston Churchill said that a majority of one is enough.
I take issue with the hon. Gentleman's assertion that one of the great benefits of the Bill is that it will standardise street trading in London. East London is different from south-east London, which is quite different from west London. To impose a common approach is a great mistake and characteristic of the present GLC. Instruction No. 1 should not have been necessary. We are all suspicious of the Bill. It should not have been allowed to be presented in its present form. There were no consultations between the GLC, national bodies and street traders until the Bill was produced.Will the hon. Gentleman give way?
No.
Will the hon. Gentleman give way on that point?
I shall give way on no point. It is difficult for the hon. Member for Newham North-West to negotiate on his feet, but I must congratulate him. He did awfully well. He was put in a most difficult position by the GLC. The GLC must take responsibility. The Bill has been before Parliament for a long time—I have had a blocking motion on it for well over six months.
Will the hon. Gentleman reconsider his earlier decision?
No.
Even on Tuesday, the GLC told the street traders that it was prepared to make concessions, but it was not prepared to give them anything in writing. That is what has upset street traders so much, and rightly. It is quite wrong that this Second Reading debate should be turned into a Committee stage, as it would have been but for your ruling, Mr. Deputy Speaker, simply because preparation for the Bill has been so bad.Will the hon. Gentleman give way?
I shall not give way to anybody.
The hon. Gentleman is being churlish.
I have undertaken not to speak for too long because many others wish to get in. The hon. Member for Bow and Poplar (Mr. Mikardo) has known me long enough to know that I am not churlish. I am trying to make a fairly rapid speech so that others can speak.
My attitude to the Bill is mixed. The measure has some good points, but I am strongly opposed to parts V and VI in relation to street trading. Unless the promoters are prepared to withdraw those parts, I shall divide the House against the Bill, and I warn them to watch out. I am concerned at the failure of the Bill to tackle other areas which could have been dealt with, including parking problems in London, in particular residents' parking, and the harassment of shopkeepers who are not street traders. Both those issues could have been dealt with. I welcome the provisions dealing with sex shops and therefore I do not oppose those provisions. I have explained that I oppose parts V and VI, and it is not respectable for the GLC or the promoters to seek to lever the House into accepting what is not acceptable by including provisions such as those dealing with sex shops.The hon. Gentleman is getting into a muddle. He cannot oppose what he claims to oppose without at this stage opposing the whole of the Bill. He may wish to oppose bits of the Bill in Committee, and that will be different. He should be aware that any lack of communication has not been the fault of the GLC. That is the concern of the LBA and Westminster.
I was referring to correspondence with the GLC. I understand that there is nothing to prevent the hon. Member for Newham, North-West from agreeing to delete parts V and VI and allowing the rest of the Bill to stand. Then the important provisions relating to sex shops would remain and we would not oppose the Bill. The responsibility is that of the promoters.
Soho is highlighted, and rightly so, in the provisions dealing with sex shops. St. James' and St. Ann's school in Soho has been known to me for 28 years; it was formerly St. James' and St. Peter's school. In the days of the Windmill and other local theatres, the atmosphere was calmer and more suitable for the schoolchildren than is the case today. It is a disgrace that children must run the gauntlet of three or four sex shops to get to school. We must tighten the law in that respect. The Bill, without parts V and VI, would do that. Other sex shops exist outside Soho. Indeed, there is one quite near the House. They have proved to be totally offensive to people, who see massive notices announcing, for example, "Explicit sex" and advertising videos and so on. Small children walk past, and there are heavy bouncers on the doors. That is not acceptable in our society and something must be done about it. I have received a letter from the headmaster of Soho parish school. He has to live with that situation and try to give the children in his care a proper education. He writes:It would be a shame if the attack on street traders in parts V and VI were allowed to put the other excellent legislation in the Bill in jeopardy. I hope that those parts of the Bill can be withdrawn so that the rest can stand and sex shops brought under control. The Bill will do nothing about parking, especially the massive double parking that is occurring all over London. The system of residents' parking has largely broken down in Westminster and elsewhere, and the system as it operates in Westminster and some other boroughs would be useless in boroughs such as Ealing. People are paying perhaps £45 a year to park their cars, though one house may be issued with a number of parking permits. That is cluttering up the streets, but the Bill does not attempt to deal with that. I know of one three-storey house the occupants of which have six cars, each with a permit to park. Perhaps a provision could be added to the Bill at a later stage to deal with the parking problem. Issuing parking permits only to ratepayers, and not to fly-by-night residents, would probably get to the nub of the problem. Perhaps the Bill could be made to apply to matters affecting shopkeepers as well as street traders. In Ealing and other boroughs some shopkeepers have suddenly become harassed for putting wares outside their shop, although they have been doing so for some years. I accept that wares should not be placed outside shops if the pavements are narrow, but there should be no objection where pavements are wide. I measured the pavement at one location where a complaint had been made and found it to be 30ft wide. Perhaps we should leave well alone, and the hon. Member for Newham, North-West might wish to comment on that when he replies to the debate. I will explain why I feel so strongly about parts V and VI relating to street traders. Costermongers, street traders and so on are represented by, and run in, families in London and elsewhere in Britain, and that has been the situation for many generations. That is well known and well established. The public like that state of affairs. They know the families on the local pitch and respond to them. I have had the honour of teaching many a barrow boy from King's Cross, east London, south-east London and elsewhere, and I assure the House that they and their families are the purest gold. They are often what might be called the cement of the local community. To damage them in the way that the Bill seeks to do is not a process with which I could live. Having been in discussions with street traders, I know that there are at least four points on which they would not budge, and I support them in their view. I will make those four points. First, the nominated relatives clause is, they say, far too restrictive because it would remove rights gained in previous legislation. It is normal for the next of kin to take over. That has been the case for generations, and to seek to disturb that pattern is a big miscalculation. The second point concerns the loss of right to appeal to the Home Secretary against a London borough's decision on street designation or de-designation. It would mean that the street traders could be thrown out with no appeal. I wonder whether the suggestion of my hon. Friend the Member for Ilford, North (Mr. Bendall) was finally accepted—that an appeal to a magistrates court would be the right way forward. Thirdly, there is the provision whereby a trader has to be in attendance personally at all reasonable times at his designated stall or pitch. That has not been mentioned. It will mean that the licence holder cannot leave anyone else in charge. I do not believe that any playing about with words will alter that situation. Street traders are honourable people. They would feel vulnerable if that provision were allowed to become law. Who is to say what "all reasonable times" means? At some point the matter will come before a court of law, implying that there would have been a prosecution and serious damage to someone. I cannot stand by and see that go through without my opposition. Under the fourth provision, which has been touched on only too lightly, a trader is prevented from holding more than one licence, thus preventing him or her from expanding the business. According to my researches—I have talked to people out on the pitches—that means that they would be allowed only one 9ft by 3ft barrow, and all wares and scales would have to be on that barrow, by law. That must be severely restrictive. I am surprised that the hon. Member for Newham, North-West did not refer to that. It is completely unacceptable. On those grounds alone, parts V and VI are complete nonsense. With respect, I did not think that the hon. Member for Newham, North-West made an adequate case for people being prevented from having a second, or another, licence in another market or even another borough. I could not go along with what he said on that. It is sad that there has not been adequate discussion."My school, with 110 children aged between three and eleven is in a short street with three sex establishments and a fourth in process of construction. One is next to our main entrance. These unregulated activities are a constant offence to families bringing children to and from school. Men touting for customers constantly harass parents and staff. Children hear offensive language and must walk past displays for topless bars and suggestive pictures. Our visitors are propositioned by the prostitutes who operate from these premises. Perhaps the worst aspect of the street is the fact that a high proportion of unbalanced characters are attracted to it. Groups of men stand about the narrow pavements which we must use whenever we take children out on visits. Noisy crowds of football supporters and young tourists regularly gather here, and from time to time I have to call the police before children can leave the building to go home. Regulation of this is desperately needed. As I am sure you are aware behind all of this lies a wide range of criminal activity, from pick-pocketing to traffic in hard drugs. It is a matter of considerable anxiety to us that all this happens outside the school gates."
I am sorry that the hon. Gentleman feels that there has not been adequate discussion. I do not think that I have been so long on my feet in the House since I was elected in 1983. I thought that I was going on for far too long.
I cannot accept that the problems that he is referring to are the responsibility of the GLC. I think that I have understood the mood of the House quite quickly. Hon. Members are scurrying backwards and forwards across the Chamber. I think that it might be of some assistance to the House if I say that I accept instruction 4, or words to that effect, to leave out part V altogether—[HON. MEMBERS: "Hear, hear".] Hon. Members should not cheer too loudly. I shall submit better drafted new clauses in Committee. I feel that there are some clear inadequacies in the Bill. I do not want to take responsibility for them here. Therefore, all the matters relating to street traders will be taken out of the Bill and resubmitted in Committee. I refer to parts V and VI—[Interruption.]Hear, hear.
The people in the Gallery—
Order. The hon. Gentleman's speech must not extend beyond the Bar of the House.
I am grateful to the hon. Member for Newham, North-West for responding to the pressure that was put upon him, and for sound reasons. He has responded in a handsome way. It is sad that the Bill ever came to the House in this form and that one of the finest groups of people in London and beyond — the street traders—has been so disturbed and distressed. It need not and should not have happened. But the House of Commons has spoken; democracy has spoken. I am glad to have had some part—
Does my hon. Friend accept that the solution that has been presented to the House enables the Bill to proceed with other clauses that are essential to the good of London, particularly the sex establishment clauses, which Westminster city council in particular is promoting?
I believe that the Bill should proceed. As I always said, parts I to IV are thoroughly sound. I accept that.
Does not the hon. Gentleman realise that those parts of the Bill that my hon. Friend the Member for Newham, North-West (Mr. Banks) has now withdrawn for the time being and subject to further discussion and consultation were initially the responsibility of the London Boroughs Association and its leading authority, Westminster city council? Had the consultation that has taken place almost around the Floor of the House occurred properly at that stage, we would not have been placed in the position in which we found ourselves tonight.
Let me be clear about what the hon. Member for Newham, North-West has agreed. If I heard him aright, he has agreed to withdraw parts V and VI totally. [HON. MEMBERS: "Yes."] As that is so, I thank the hon. Gentleman and the House.
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I have been very concerned about the Bill because in my constituency there is a thriving market —East Street market—which has been there for many years. It is important not only for the street traders and their families who depend on the market, but for the people who live in my constituency who use that market. That has not been mentioned in the debate. It is not only about the rights of street traders, although that is of paramount importance, but about the rights of people who want to use the market and the services that the street traders provide.
My hon. Friend the Member for Newham, North-West (Mr. Banks), upon whom it fell to promote the Bill, knows of my concerns because I mentioned them to him before the debate. I am grateful to him for taking those concerns on board. It is important to note at this stage that it is vital that we have a Greater London council that can put forward Londonwide legislation on behalf of all the different boroughs. However, the villian of the piece that produced the unacceptable parts V and VI of the Bill was the London Boroughs Association, particularly Westminster city council, which has waged a war on its own street traders. That council is the villain of the piece, but through the procedures of the House it fell to my hon. Friend the Member for Newham, North-West to introduce the Bill, including those parts. Therefore, I absolutely deplore the cheap statements made by the hon. Member for Ealing, North (Mr. Greenway), who sought to mislead the House and imply that somehow it was the GLC that had responsibility for the Bill, in its substance and conception, which is not the case. The letter that the hon. Gentleman is holding up will show, on page 3 — if he has read it—that the GLC promoted the Bill only on behalf of the London Boroughs Association. I have spoken about the importance of the rights of street traders and the rights of those who use the markets. During the negotiations on the Bill, I have been grateful for the briefings that I received from the street traders association. I share the concern of members of the association. It is to their credit that they have managed to bring their case to the House, despite the complexities of the Private Member's Bill procedure — an extremely mysterious procedure involving Opposed Private Bill Committees and Instructions—and despite the attempts by the London Boroughs Association and Westminster city council to mystify the procedure to prevent the traders from putting their case. They have understandably felt insecure about the suggestion that these clauses should be included. Rights of succession which they have enjoyed for 20 or more years were threatened suddenly, without proper consultation or argument. That is why they are here in such numbers and should be welcomed by the House. My hon. Friend the Member for Norwood (Mr. Fraser) and I tabled an instruction about the right of succession. That is one of the main reasons why my hon. Friend the Member for Newham, North-West has agreed to withdraw the clauses. When seeking to argue its case on why my hon. Friend and I should withdraw our instruction, the only point which the London Boroughs Association placed before us as argument was that it was a unique provision in inner London and in licensing legislation. The association must do better than that. If it is going to ask the House to take away a long-standing right, it has to argue its case. The association has failed to do that. If the lack of arguments in the letter from the London Boroughs Association reflects the way in which it consulted the street traders, I am not surprised that we have ended up with such a misplaced piece of legislation. I was concerned about the lack of a right of appeal against a de-designation of a whole street market. We are talking about taking away many people's livelihoods and an important amenity, without any right of appeal. I was concerned also about the revocation of the licence of street traders under clause 43. There seemed to be no right of appeal for those whose licences were revoked under paragraphs (a), (b) and (c). The cases covered by paragraphs (g), (e), (f) and (i) are so wide that they can be subject to any interpretation. Hon. Members have already referred to paragraph (e) which allows revocation whereThat is not good law. We should not allow it. If we say that a person's livelihood will be taken away, we should say why and give that person a proper right of appeal."the licence holder is unsuitable to hold the licence by reason of having been convicted of an offence or for any other reason".
Will the hon. Lady give way?
I give way to the hon. Gentleman, who has just appeared in the House.
In Leicester, one of the striking miners' groups came into the market and was pelted with rotten fruit by various market stall owners, who were informed by Leicester city council that, because they were acting in that way, they could lose their licences. Presumably, under the terms "for any other reason" those people would have lost their licence. That is wrong. I am delighted that the hon. Lady agrees.
I said that if people's livelihoods were to be taken away, the grounds on which that was done should be specified in a schedule and they should have a right of appeal. However, an assault on other people who were lawfully using a market might well constitute a ground on which licences could be suspended or revoked. We are not dealing with that. We are going to agree that the grounds should be specified by and agreed between the market traders and the GLC.
I shall not go through all the objections to the measures, because my hon. Friend the Member for Newham, North-West, on behalf of the GLC, has made concessions. I congratulate the street traders on their campaign. It is unfortunate that my hon. Friend the Member for Newham, North-West, had to introduce the Bill with such objectionable provisions when, in fact, those measures came from the Conservative-controlled London Boroughs Association, and in particular Westminster city council.8.34 pm
I declare an interest as the. unpaid parliamentary consultant to the National Federation of Market Traders and, obviously the representative of the city of Leicester market, which has the largest covered market in Europe. My hon. Friend the Member for Ealing, North (Mr. Greenway) has discussed various points in part V which have concerned me. I have been lobbied substantially by people from all over the country because various stall holders felt that they would lose their livelihood under these measures. This worried me especially because I have had the experience not only of regularly going to the Leicester city market but of working in the market and meeting many of the people who were concerned that their futures would be at risk.
Does my hon. Friend agree that many of us who represent constituencies close to London feel strongly about this issue, because many of our constituents have the benefit of shopping in London markets and a number of them are street traders? We are grateful for the concession that has been made by the hon. Member for Newham, North-West (Mr. Banks).
This is a major point. The Conservative party is the party of small businesses. Many of our market traders are small business men fighting bureaucracy and trying to achieve a decent living, but they have had great difficulties with this Bill. Hon. Members on both sides of the House will be delighted at the news that we have heard tonight. I am a little worried as to whether the hon. Member for Newham, North-West (Mr. Banks) can formally withdraw the parts. We shall hear more on that as we proceed.
I wish to place on the record the objections that came from the Leicester branch of the National Market Traders Federation. The chairman, Graham Chambers, itemised the points of concern and said that in no way did the federation want the Bill to proceed. He referred first to theThose rights are limited anyway, but they would have been further eroded by these measures. Secondly, Mr. Chambers referred to"Abolition of currently enjoyed appeal rights."
We are not yet in a police state, thank goodness. The requirement to carry a photograph is a strange way of running one's business. The name of the business has to be put on the side of the stall, but the federation felt that it was wrong to require a photograph."The requirement to carry an identity card with photograph at all times."
rose —
Thirdly, Mr. Chambers objected to
The federation wanted me to object forcefully to that measure. The fourth point stated:"The local Council's right to know where equipment is stored when not in use."
Many hon. Members accept that there are occasions when the main stallholder cannot be at his place of work. Great family businesses are involved, and a family may run two or three stalls in the same market. Unfortunately, as luck has it, those stalls may not be together and the operators may have to move all over the market. It would have been wrong to insert that provision. Fifthly, the federation objected toThe requirement for a licence holder to be in attendance in person at his stall at all reasonable times."
That is an incredibly high sum. Why do market traders pay for their licences in the first place if they must pay as well a fine for not clearing up refuse? Street traders are honourable people, and they do their best to clear up. Of course, there will always be rubbish at the end of the day in all street markets. Street traders pay rates for the rubbish to be taken away. They become indignant when told they will be fined up to £400 for not clearing up the refuse. This measure would have been unacceptable to them. The proposal about the compulsory purchase of market stalls by the council was another worry. The stallholder would have lived in fear, not knowing whether his licence was to be renewed from week to week or whether he was to have real tenure in the market. Market stallholders and their families have carried on a great tradition in this country for many years. It would be shocking if suddenly, for no apparent reason, they could face a compulsory purchase order. I have referred to the unpleasant incident in Leicester when a number of striking miners entered the market trying to collect for other striking miners—of whom, thank goodness, there were only 30 in the Leicester area. Some of the stallholders had had enough. They wanted to carry on with their business, and the striking miners effectively prevented business from being conducted. I do not blame those stallholders who threw tomatoes and rotten fruit at the miners. The miners were preventing people from doing their shopping."Fines of up to £400·00 for street trading offences such as failing to clear up trade refuse."
rose —
Another point of concern was the loss of licenses for any other offence, whether connected with the market or not. That was very wrong. It might be that the stallholder had not paid his rates—
Order. The hon. Gentleman must refer to Leicester only incidentally. We are discussing a Bill about London.
I am grateful for your guidance, Mr. Deputy Speaker. I am referring to the London boroughs, too, but I have the Leicester market on my mind because that is where I operate from. [HON. MEMBERS: "Oh."] I appreciate the stallholders' problems. I digressed for a moment in order to give you, Mr. Deputy Speaker, and the House, the opportunity to learn about the situation in Leicester.
I was also concerned about the loss of the right to transfer the licence to the next of kin upon retirement. Stallholders' families traditionally occupy the same site for hundreds of years. Stallholders may wish to asign the site to their son or grandson, whom they will have trained in the market over the years. The provision would have meant the end of that tradition. Young people learn by experience and by regular attendance in the market. The children and young people who stand in for their fathers or grandfathers at the stall would not have been allowed to inherit it under that provision.If.
Of course it is "If'. My constituents, and those of other London Members, were very worried about those provisions.
The provision about "nominated relatives" appears to be far too restrictive. There was also the loss of right of appeal to the Secretary of State against the London boroughs' decision on street designation or de-designation. The provision to the effect that a trader would have to be in attendance personally at all reasonable times caused great concern, as did the provision that prevented traders from holding more than one licence, which would have prevented traders from expanding their business. The Conservative party is the party of the small business. Everyone should have the opportunity to expand his business. I tabled an instruction — it has not been called —seeking to give the street traders the right of appeal to a magistrates court against the revocation of a licence to trade.On a point of order, Mr. Deputy Speaker. Surely it is not in order for an hon. Member to refer to an instruction that has not been called. I made a concession earlier so that the debate could be truncated, but I might as well not have done so. The debate is going round and round.
If an hon. Member were to go round and round for more than a sentence or two, I would stop him.
Further to that point of order, Mr. Deputy Speaker. Could you clarify a technical problem? As we are debating Second Reading, is it not out of order for the hon. Member for Newham, North-West (Mr. Banks) to seek to withdraw parts V and VI of the Bill, and is not that action technically totally ineffective?
Perhaps I can help the House. I understand the way in which the debate has been proceeding, but we are debating the Second Reading of the Bill together with instructions 1 and 4. There may have been indications that certain things may happen during the course of the debate. That does not alter the course of the debate. The debate will continue on a broad front for as long as the House wishes. If any hon. Member wishes to move instructions 1 and 4, and if there is time, we may come to a conclusion upon them. At the moment, however, we are debating the Second Reading together with instructions 1 and 4.
Further to that point of order, Mr. Deputy Speaker. During my speech it was virtually agreed with the hon. Member for Newham, North-West (Mr. Banks) that the Second Reading would be agreed, but he gave his word that parts V and VI would not be proceeded with.
That will be a matter for the House to decide in due course. At the moment the House is debating the Second Reading. In no way can I or should I alter that debate because certain things have been said during the course of it.
Further to that point of order, Mr. Deputy Speaker. I am responsible for the Bill in the House. Effectively, the GLC is the promoter, although, as you have made clear, Mr. Deputy Speaker, it is not responsible in this case. I do not know whether, speaking as the representative of the GLC, I carry any weight when I say that, as far as the GLC is concerned, parts V and VI of the Bill will not appear in the same form in Committee. I understand that we are now debating the Second Reading, and that the provisions will have to be withdrawn in Committee. However, I have given all the assurances that I can give. Instructions 1 and 4 are not as comprehensive as the assurances that I have given. Several Hon. Members rose —
Order. I do not think that we need any more points of order. I hope that the position has been clarified. We should now proceed with the debate.
Further to that point of order, Mr. Deputy Speaker. The situation is not as I had thought. The hon. Member for Newham, North-West (Mr. Banks) is not saying that the promoters have agreed that parts V and VI are to be wiped out altogether.
That is exactly what I said.
Further to that point of order, Mr. Deputy Speaker. I do not understand the difficulty. My hon. Friend the Member for Newham, North-West (Mr. Banks) has made it clear that he is willing to accept instruction 4. That being so, the hon. Member for Leicester, East (Mr. Bruinvels) has been abusing the procedures of the House and wasting his own time. He has made a long and passionate speech against the provision that is to disappear. The position is clear. Instruction 4 is to be accepted, so there is no point in talking about the contents of parts V and VI.
With his long experience, the hon. Gentleman will know that this is not the first time that we have debated matters for some hours after the promoters had made their position clear. There is nothing that I can do to pre-empt the debate. We had better get on with it.
On a point of order, Mr. Deputy Speaker. Can you clarify the procedure? I accept that we are debating Second Reading and the two instructions. I understand that we have first to take a decision on Second Reading and then there has to be time left before 10 o'clock—the end of the appointed period—for a debate, if necessary, and a decision, if one is required, on one or more of the instructions.
I understand that that does not apply to the whole of part VI because instruction 4 relates to only one of the clauses in part VI. It also includes the schedule. More importantly, because the promoter has said what he is happy to accept, and the view of the House on that is now clear, the procedural advice that we have to take is that after giving the Bill a Second Reading we should move and pass instruction 4 but we cannot move both instruction 1 and instruction 4. If we move and pass instruction 1, instruction 4 will fall and the intention of the House, which the promoter has accepted, cannot be carried out.The hon. Gentleman is absolutely right. I am grateful to him for helping me on that. The only thing that I need to emphasise is that this debate cannot continue beyond 10 o'clock. If the House wishes to come to a decision on Second Reading and on an instruction, it has to be completed before 10 o'clock.
Further to that point of order, Mr. Deputy Speaker. The House is grateful for your ruling, but does that not mean that if, say, by 9·30 the debate on Second Reading has not been concluded you would be willing to consider a motion to close the debate to permit instruction 4 to be moved and carried? I doubt whether there would be much debate on it.
The hon. Gentleman knows that the Chair is never prepared to rule on hypothetical questions. I think that I am getting the sense of the House and I shall keep a close watch on the situation, but I cannot commit the Chair at this stage.
I find it very confusing having to follow so many points of order. I was under the impression that we were debating Second Reading and I thought that I was in order in putting forward the views of the National Market Traders Federation, and traders from Leicester. My hon. Friend the Member for Hampstead and Highgate (Sir G. Finsberg), who is unable to be present tonight, wishes to support the instruction, and the views expressed by my hon. Friends and me.
I wanted to be constructive. I felt that the House was partly reassured by some of the announcements and signs from the hon. Member for Newham, North-West (Mr. Banks). However, until he can withdraw part V, we are still on Second Reading, so I feel that I must proceed with my line of argument. I wish to highlight the point that the National Market Traders Federation was not trying to be disruptive to the Bill. It had accepted other parts of the Bill, but is trying to find common ground for agreement on further amendments so that it can withdraw opposition to the Bill on the specific points that I have itemised. I tabled an instruction that has not been called, so I feel that I am entitled to make my views known. I make it clear that the National Market Traders Federation is grateful for some of the concessions that it has been given through negotiation, and I know that the London Boroughs Association has been trying to help me, as has the GLC administrative law and parliamentary branch, which, in an important letter that I received only a few days ago, made it clear that it is consulting representatives of the London boroughs, on whose behalf the GLC is promoting the Bill's provisions about street trading. This letter comes from the head of that unit. It is clear that the GLC is acting on behalf of street traders. Assuming that parts V and VI are withdrawn, the street traders will be happy to go on trading. They will feel that there is less bureaucracy around them. They simply want to get on with earning a decent living. They already have enough difficulties filling in tax and VAT returns. Recently they told me that they considered part V was ill-conceived and unnecessary. I look forward to seeing the hon. Member for Newham, North-West withdraw part V, subject to the approval of the House. The National Market Traders Federation wants to go on trading and wants the shopping public not to be intimidated. I look forward to the market traders getting on with doing a job and encouraging and helping the country to get good value for purchases made in street markets all over the country.rose in his place and claimed to move, That the Question be now put, but MR. DEPUTY SPEAKER withheld his assent and declined then to put that Question.
8.56 pm
I do not intend to spend much time on the speech made by the hon. Member for Leicester, East (Mr. Bruinvels). However, if I were a member of the National Market Traders Federation, I would pay him not to represent me, and I should do so for two reasons. First, he has no understanding of the small business men's position. He talked about the Conservative party being their representative but seemed unaware that the bankruptcies and receiverships among small businesses are greater than ever before — between 10,000 and 15,000 a year on the latest figures.
More important, the hon. Member said that at one time people in his area threw fruit at miners. Much as I understand the feelings behind the strike, and both sides of it, the hon. Member must know that it is an offence in law to throw objects, whether bricks, fruit, vegetables or anything else. If anybody had been caught doing that, they would have been taken to court and charged with assault. The hon. Gentleman said that he did not blame them for doing that. In other words, he said that he is willing to support people who break the law when they do it on his behalf. It is an incredible position when somebody who claims to be a supporter of law and order is one of those who undermines it. My hon. Friend the Member for Newham, North-West (Mr. Banks) has moved the Bill in an exceptionally co-operative and flexible way. I do not know any hon. Member who has presented such a technical Bill so well. This is particularly so as my hon. Friend, although he is a GLC member, is not responsible for all of the Bill, because many parts of it came from local authorities. My hon. Friend has accepted instructions 1 and 4. He has withdrawn part of the Bill and will submit new clauses in Committee, and that is sensible. There have been major representations from outside the House today. These have come from street traders who are anxious about certain parts of the Bill. That anxiety was well-known in advance. I must be one of the few hon. Members representing a London constituency who, although he has many street traders in his area, has been visited by only one today. He was extremely helpful and filled me in on some of his concerns. I was able to give him assurances that we might be able to meet those in Committee. Let us make it clear how we got ourselves into this situation. This part of the Bill, which my hon. Friend has now withdrawn, is largely the responsibility of the London Boroughs Association and Westminster city council—two Conservative-controlled bodies. Let me read to hon. Members, particularly the hon. Member for Ealing, North (Mr. Greenway), a letter from the London Boroughs Association, dated 13 May 1985:I know that this will go on the record and I hope that people outside the House will take it up because many in the traders groups feel strongly about it. The letter continues:"As far as the established markets are concerned, we would hope that on reflection traders would endorse what we are trying to do. Suggestions that there has not been adequate consultation cannot be sustained:"
In other words, Westminster city council and the LBA are blaming the street traders for not having co-operated. As my hon. Friend the Member for Newham, North-West pointed out correctly, it was the GLC that had to step in to try to clear up the mess. What he has done today in a flexible and co-operative manner is to get the Conservative party off the hook. If I were to blame him for anything, it would be only for that. I wish the hon. Member for Ealing, North would vote against this. If he did, I would have notices about it all round Soho. Every householder in Soho would be writing to me about the sex shops because they would all get letters telling them exactly what the hon. Member for Ealing, North said. The hon. Member is never a man to let the facts get in the way of his prejudices. He is the Rentaquote of the Ealing Gazette. That is what his participation in the debate is about. He is desperate to get into the Ealing Gazette. It does not come into my area and I do not read it. If the hon. Member is so desperate to get into the Ealing Gazette, he must be very worried. I suspect that he will be playing centre forward next, or perhaps outside left or outside right, or anything else that will get him out of the political mess that he has got himself into on this Bill."we wrote to the Federations representing street traders as long ago as June 1983, and sent them a copy of the working party report which led to these proposals. Unfortunately we received no reply on that occasion, nor when we wrote again 12 months later, well before the Bill was deposited."
I have been involved with the street traders for six or eight months in regard to the Bill. It is only recently that meetings have taken place, yet I have been exchanging correspondence with all the people concerned over six months. Why does it take so long for consultation?
That is exactly my point. I am grateful to the hon. Gentleman. Will he take the matter up with his Conservative colleagues in the London Boroughs Association and Westminster city council? Or is he trying to tell me that the LBA and Westminster city council are not Conservative-controlled? I shall give way to the hon. Gentleman if he wants to come back again.
I am trying to tell the hon. Gentleman that this is a Bill to do with the powers of the GLC. There have been efforts to have consultations with the GLC for six months, but they have happened only recently.
The hon. Member is drowning.
He is not just drowning; he has drowned. He has probably got the letter from the LBA before him. He should read the penultimate paragraph. The only people who could be blamed, apart from the LBA and Westminster city council, are the very people that Westminster city council and the LBA are blaming—the street traders. I do not take that view. If the hon. Gentleman does, he had better make that clear to the House.
We must consider who will deal with Bills like this if the Government go on with the abolition of the GLC. In a couple of years, if something like this is needed, there will be Bills from every local authority in London. It is nonsense. I have sympathy for the hon. Member for Pudsey (Mr. Shaw). He served on the abolition Committee, as I did. It was clear then that the last thing the Home Office wanted was the abolition of the GLC and the metropolitan counties, but the Home Office has been dropped in it by the Secretary of State for the Environment. Lord Whitelaw spelt out clearly that the Home Office did not want to take on questions in relation to the police and the fire brigade. Now we have another example, illustrated by the Minister's intervention in the speech of my hon. Friend the Member of Newham, North-West, of the Home Office not wanting to get involved in appeals. I can understand that. In his contribution the Minister must tell the House that some sort of appeal system will be supported by the Government and that it is in a form acceptable to the various groups involved. I do not want to give an absolute commitment but I would be concerned about it going through the court system. I am not sure if the court is the right way to deal with it at the first stage. It may be, but I would need more convincing about it. On the other hand, if the Home Office is saying that it will not be involved and that it does not want the courts to be involved, the Minister must tell us who should be responsible. We would welcome clarification on that from the Minister. If there is not an appeals system and if the GLC is abolished, the danger is that there will be different regulations in each area. Therefore, a trader who moves from one area to another will have to adapt to different regulations. Only the other week the Under-Secretary of State for the Home Department, on Report on the Sexual Offences Bill, told me at great length why it was impossible to have different regulations in one local authority from another to deal with kerb crawling. If the Minister believes that each area must have different regulations, he should have a word with his hon. Friend to find out who is making the policy in the Home Office, and whether there is to be one policy or many contradictory policies. I support the comment of my hon. Friend the Member for Peckham (Ms. Harman) that, rather than dealing with offenders by using the "serious arrestable offence" definition, it would be more appropriate to have a schedule of offences listed to the Bill. I suspect that the Minister may agree with me about that. A definition of "serious arrestable offence" may omit minor offences, which would not come under the Police and Criminal Evidence Act 1984 definition but which could be serious for street trading—for example, dishonesty. A schedule attached to the Bill may be the best way of dealing with that. I am open to arguments, and we shall discuss the matter in Committee, but I should welcome the Minister's views on that. There has been considerable feeling about the Bill, not merely because of the street traders' views on it, but because of the sex shops in Soho. Most people understand the difficulty facing residents there. I received many letters about it recently when people suddenly discovered that I was speaking in this debate. It is a matter of considerable anxiety and clearly it is difficult to legislate for. As I have said on previous occasions, there is a case for giving local authorities byelaw powers to deal with particular problems in their area, especially those relating to sexual offences. As with the legislation on kerb crawling and with activities connected with prostitution, there is much to be said for having local byelaws to deal with the problem rather than introducing national legislation which affects all areas, regardless of whether there is a problem. I do not believe in spreading the imprint of the law widely, if it is possible to avoid it. We welcome the Bill. At the end of the day everybody will support it, even the hon. Member for Ealing, North, who has fled the Chamber, simply because there are too many good aspects of it to lose. Most, if not all, Conservative councils in London and the Conservative London Boroughs Association want it. The Greater London council rightly adopted the Bill because they felt that it was right for London as a whole, and wanted to make some amendments. Because my hon. Friend the Member for Newham, North-West handled the matter so well, the Bill will pass through Committee, drastically amended, but better because of it. For that reason the House owes a debt to my hon. Friend.9.7 pm
I shall briefly speak on behalf of the Government. It is only right and proper that I offer my congratulations to the hon. Member for Newham, North-West (Mr. Banks), both on the present position which he holds for a short but undoubtedly distinguished time, and on the way in which he moved the Bill. It is not a difficult measure to move, especially if one does not have direct responsibility for it. He handled the brief that he was given with great dexterity and care.
The debate has been peculiarly difficult because there have been many exchanges and many suggestions of change. It is right for me to concentrate on two or three issues, on which the Government wish to comment. The Bill is a general miscellaneous Bill and, like previous general powers Bills, contains a package of proposals. Some of its provisions have clearly excited some comment, and many of them have excited support. The hon. Gentleman and colleagues have generally agreed that contentious issues should be withdrawn and the provisions re-examined. Since the introduction of the Bill, Departments with an interest have pointed out to the promoters the points to which the Government object in principle. I shall deal with them briefly. Departments have also made several suggestions as to how the drafting might be improved, which are being considered by the promoters. However, taking the Bill as a whole, our objections to it are not so great as to deny it a Second Reading. It is only right that the arguments for and against some clauses should be considered in Committee. The hon. Member for Newham, North-West allowed that to happen by saying that parts V and VI would be withdrawn. No doubt there will be discussion in Committee about what might replace them, if that is the intention of the promoters. I might add in parentheses that instruction 4 does not specify action in relation to part VI.indicated dissent.
That is wrong. It is important that, whatever decision the House makes tonight, it must reflect the agreement reached earlier.
I shall deal only with the provisions on which the Government have reservations and which have already featured in the debate. The hon. Member for Hammersmith (Mr. Soley) chided me about appeal procedures. The problem is that, in part, the Bill is a residuum of other legislation. In the Local Government Act 1982, appellate procedures were not fully described, and it is not easy for us to decide suddenly on the Floor of the House that there should be an appellate procedure while none exists in the parent legislation. I intervened earlier in relation to section 48 of the 1982 Act, which deals with street cleansing. It contained the odd provision that the Home Secretary was in the appellate position. I am not sure why that was the case, but it was in the Act. I said that the Government do not wish to continue to have that function, and the Bill removes it. Therefore, I do not object to that clause. However, it will be for the Committee to decide how broadly the appeal procedures should be applied. Clause 45(1) (c) states that the magistrates court is a route for licence conditions. That might be a suitable route for appellate procedures under other clauses. However, I must tell the hon. Member for Hammersmith that that would depend upon whether the clause in question is derived from parent legislation which allowed appellate procedures. That is a technical matter that can be discussed fully in Committee. The hon. Gentleman was right to say that the appellate procedure could be important in garnering general approval for the Bill. Obviously, I do not object in principle to appellate procedures. The Government have some specific comments to make on clause 11, which will widen the definition of a sex shop in schedule 3. My hon. Friends the Members for Ealing, North (Mr. Greenway) and for Westminster, North (Mr. Wheeler) stressed the improvements that they believed the clause would provide. Among other things, it seeks to bring what are described as "sex encounter establishments" within the controls set out in schedule 3 of the Local Government Act 1982. I appreciate the anxiety that lies behind the proposal, but I must remind the House that, only three years ago, Parliament considered and rejected a similar proposal during the passage of that Act, on the basis that it might amount to the licensing of premises which were merely fronts for prostitution. However, the Government do not object to the principle of that part of the clause if it can be proved that there is a real and pressing need for sex encounter establishments to be brought within the licensing system and therefore made the subject of regulation. With that in mind, my officials have been in touch with the promoters of the Bill, and we hope to reach a decision on the need for the clause before the Bill goes to Committee.I am grateful for the Minister's earlier remarks. Will he confirm that the boroughs have submitted evidence to his Department to justify that clause?
I confirm what the hon. Gentleman says. The boroughs have submitted a deposition of view to which my officials will pay close attention. I expect that we shall reach an accommodation before the Bill goes into Committee.
However, we have some reservations about the drafting of clause 11. We can deal with that, too. If we decide that the proposals in clause 11 are justified by the evidence, we shall seek to iron out in Committee, as the hon. Member for Newham, North-West would wish, the other difficulties. Another purpose of clause 11 in relation to schedule 3 is to widen the definition of a sex shop. Schedule 3 makes provision for the licensing of sex shops and defines them broadly asIf we adopted the provisions of clause 11, the definition of "sex shop" would be widened to cover any premises used for any business which included the supply of sex articles. Thus, even ordinary news agencies which stocked only a small number of the rather milder "girlie" magazines might be classified as sex shops. This matter ought therefore to be looked at in Committee. Provision is made for the licensing requirement to be waived. I have little doubt that in practice London boroughs would not require ordinary news agencies to be licensed as sex shops. Nevertheless, such premises could still be so classified. I imagine that many of them would object, with good reason, to this. There is provision for boroughs to charge for considering applications for the waiving of licences."premises whose trading consists to a significant degree in the supply of sex articles."
A great gulf does not divide us. The House generally accepts that we need to be as precise as possible over the definition of a sex shop. For example, it would not be appropriate for greengrocers and general traders to stock vibrators, but that could happen. It is a possibility. One sees so many articles in shops. It is because of the difficulty involved in applying the existing provisions that the boroughs have sought to widen the definition.
I shall not seek to follow the hon. Member for Newham, North-West, who has extensive knowledge of these devices. There are problems of definition in the application of clause 11. That is why we said to the promoters that we were not happy about the clause as it stands, but I believe that the problems can be resolved. We are ready to discuss with the promoters the nature of the problems that are involved.
We are also conscious that there are those, especially in areas such as Soho, who will seek to use any device which might enable them to circumvent the provisions of schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982. We shall want to examine whether there is a gap in the law and, if so, we shall seek a means to deal with it which draws an acceptable balance between catching those whose premises ought to be licensed and safeguarding the interests of the bona fide traders. We have already held preliminary discussions with the promoters, but we are not yet convinced, on the basis of those discussions, that there is a gap in the law. If, however, the Bill is given a Second Reading, we shall seek to hold further discussions with the promoters to try to take the matter further before Committee. In view of the concessions which have been made by the hon. Member for Newham, North-West on behalf of the promotors, I welcome very much his decision on part IV, which deals with amusement arcades and which he said he was prepared to withdraw. It is not a part of the Bill which the Government could support. His withdrawal has strongly influenced me in determining that the remainder of the Bill should go forward to Committee. The hon. Member's concessions on parts V and VI have already been noted and, it would appear, have been extremely widely welcomed in all parts of the House. With those few words, I shall now be silent and will see the Bill through its Second Reading.9.19 pm
This debate has presented us with a few unusual opportunities. This has been the first opportunity for the House to congratulate itself upon having among its number the chairman of the Greater London council. My view, and that of many hon. Members, is that the GLC should still be in existence after his term of office. The battle over the GLC is not yet lost. There has also been an illuminating illustration of some of the bits of information that the hon. Member has acquired on his way to becoming the chairman of the GLC. Over the months and years I have seen what is on stalls in East street and other street markets, but I have never seen the combination of articles which the hon. Member for Newham, North West (Mr. Banks) asserts are available in some places in London. Perhaps funny things happen north of the river.
More importantly, today we have seen the will of the House, almost in unison, putting right legislation that should never have come forward in that form. Earlier this session, the Government introduced the Civil Aviation Bill. It was clear that there had been no consultation even with their own party. It was equally clear that no support would be forthcoming from the Opposition. The Government therefore had no choice but to withdraw the Bill—and a good thing, too. The Bill before us today is inaptly named, because it was not instigated by the GLC, although it covers the Greater London area. It was initiated by the London Boroughs Association, which represents only some London boroughs and at most one of the inner London boroughs in which street trading is most relevant. The views presented also did not represent the views of Members of Parliament of the same party as those governing those boroughs. When asked, the hon. Member for Ilford, North (Mr. Bendall) and others expressed clear dissatisfaction and dissent. The GLC, as the county authority, was given the job of proposer. There has been a great deal of inaccurate talk, to put it mildly, about such dialogue as took place. An assurance was given that there would be consultation with the Home Office and with the National Federation of Street Traders, but correspondence shows that that consultation did not happen at the stage at which it was promised. Rightly, therefore, there was a strong reaction from the community of people who saw their interests and their contribution to the life of the capital threatened in an unparalleled fashion. There was intense lobbying of Parliament by street traders from many boroughs, not least —I say this jealously because it is important to my borough—those from the borough of Southwark. As we saw at the meeting in the Grand Committee Room on the Government's proposals to remove the guarantee relating to the transfer of GLC housing stock to the boroughs, people whose interests were threatened came along and made their views known. On that occasion, representatives of the ex-GLC estates in Southwark clearly outnumbered those from any other borough. I believe that the same is true on this occasion and I compare my experience with that of the hon. Member for Hammersmith (Mr. Soley). Johnny Wallington, Secretary of the Federation of Street Traders, is himself a Southwark trader. He and other street traders have justifiably led the fight, but it should never have reached this stage. A series of instructions were put down by Members in all parts of the House seeking a satisfactory outcome on street traders and street trading. My hon. Friend the Member for Woolwich (Mr. Cartwright) and I went for the jackpot and put down an instruction to remove part V of the Bill. We also said that clause 54 and schedule 3 had to go. In our view, it would be much better to get those provisions out of the way and then reintroduce elements that people regard as important rather than compromising with assurances which probably will not deliver the goods. To claim some small measure of historical credit in advance, I hope that when the history of the battle for the streets and street traders of London is written, the Southwark and Bermondsey and Woolwich instruction will be seen as the instruction that got street trading back on the rails where it should always have been. I have a few important comments to make. I shall refer first to the importance of the issue, and then raise a few technical matters that I hope that the Minister and others will respond to. Inner London is desperately short of businesses, jobs and opportunities for youngsters who wish to work where they were born and brought up. One obvious way of giving a youngster a future is to enable him to go into his family's business. My constituency has lost 20 per cent. of its population in 10 years, and other constituencies will have lost similar numbers. People have moved away because the jobs just are not there. Thus, threats to the prosperity of the inner city must be resisted. The inner city has, above all, serviced and fed this nation's capital. Borough market, which is a wholesale market, and the old Covent Garden market have produced the goods to be sold on the streets. Street trading has been part of the employment and service tradition of our capital. Some of those who came to lobby us were the third generation to be involved in street trading. Some have carried on the same stall, on the same pitch, selling the same goods for years. I think, for example, of Hodges the fish stall in the Blue in Southwark and of many stalls that are part of our essential commercial fabric. One need only go down The Lane on any Sunday morning to realise that it was the same 10 or 20 years ago. The place is packed, because people want to shop there. Indeed, that place was chosen by a television programme in order to illustrate the other day the vitality of that part of our heritage. It is important to ensure that every job is preserved for our youngsters and their families. Before I came to the House, I was involved in running a youth club just off the Old Kent road. We tried to get an employment project going and we considered what we could do to give teenagers work. Their first choice was to run a market stall. They saw that as representing security and as something that would reward effort. They believed that if they worked hard, they would do well, and that if they did not work hard, they would not do well. They could see the relationship between input and reward. It is important to defend ourselves from unjustified attacks that are not supported by most of the London boroughs and to try to increase opportunities for trade, particularly in food and vegetables. If there is no trade in London, people will not want to live here and if no one lives here, what is the point of having such a capital city? At present the Government are trying to abolish the GLC. It is always necessary to have safeguards against the possibility of a local authority abusing its power. That is why appeal procedures are important. If a borough suddenly decides to de-designate a street market, it is always important that the people should be able to say that they want to challenge that. It is always important that they should be able to say, "You can't suddenly deprive us because you want to build a hypermarket or supermarket, or because you want to close the road." I should prefer the appeal to go to the county tier of government and to an elected tier. Similarly, if a borough council turns down a planning application, I prefer the matter to go to an elected strategic planning authority. A Government Department with a Minister of the Crown should not be the responsible body. To some degree I make my next remarks mischievously, although there is an element of truth to them. When appeals go to the Home Office from boroughs such as mine, where the Tory vote may be 5 or 10 per cent., it is ludicrous that the decision should be taken by a Tory Minister. Of course, the situation could be quite the reverse in other boroughs. But the point is that it is much better for such appeals to go to an elected authority that can take into account proper views. If there is a prospect of some reincarnation of the GLC, I hope that that body rather than a Department will act as the court of appeal. That point should be borne in mind. I do not question the integrity of those in the court system. My argument is that all that the courts do is review whether a decision was correctly arrived at. They do not allow someone to challenge the decision. If someone goes to the magistrates court for a review of an administrative decision, that person wants to ask whether the arguments were considered and whether the court can intervene. That is not what this sort of appeal system is about—the de-designation of streets, refusal of licences and so on. We must have an appeals system where the merits of the case can be heard and argued, with notice of the arguments given to the parties concerned. One thing that we do not have in our appeals system in a planning case is a provision to ensure that the appellant knows exactly what he is arguing against. I wish to draw one parallel. Until recently the Home Office was in charge, indirectly, of the licensing of London cabs. That responsibility has now been transferred to the Department of Transport. The decision on who should hold a cabbie's licence is taken by a commissioner. I have been trying for months to find out the criteria set out in a document in the Department of Transport for someone being refused a licence. Perhaps someone has committed an offence and his licence is revoked. The return of the licence is discretionary. The livelihood of a cabbie could be lost for five years, but he will not know the criteria used in the decision to withhold his licence. It will not be good enough to have a similar provision for street trading and market stalls. People need to know the exact criteria and arguments. They need to know the conditions with which they are required to comply.I refer the hon. Gentleman to new clause 7 of the Transport Bill, which was passed in the House the other evening, which does alter matters.
I was not aware of that. If it improves the position, it will be welcomed by the large number of people who serve our community in London as cab drivers.
We are left with the anomaly that the Bill has been trying to do two things — it has tried to produce a common system yet excluding the City of London, and not do what the Government have said for months they want to do, which is to allow decisions to be made by the boroughs. If Southwark wants to continue a certain practice, it should be able to pilot a Bill. It is important to start from the premise that the interests for which people have fought over the years will be upheld. The consolation for me and others who have participated tonight is that that will now be the position. The people who felt that their livelihoods were threatened know that there is no longer the threat that existed at seven o'clock this evening. People may think that being a street trader is an easy life. If they stop to think, they will realise that it involves work out of doors in all weathers, and that is not easy. They will also realise that it is not a cheap way to operate a business. There is not a lot of space for the market stall. The trader does not obtain any business if he is not there. I shall cite some figures that show the cost clearly. A 3 ft 6 in by 9 ft stall in The Lane in Southwark costs about £960 a year. Comparable rent for a shop in the Old Kent road at one end of The Lane—a shop that is 50 times bigger than the stall—is about £1,140 a year. Therefore, it is not cheap and it is not easy. It is not reasonable to say that the traders should be restricted as to whether someone can help them or whether they can leave the business to buy stock for the stall on a good day. There must be flexibility. Small business men are trying to run their businesses. They need to be able to do so in a way that allows their businesses to develop as they wish. Their investment brings their rewards. That is as it should be and why the markets are relatively healthy. After tonight, we shall have a Bill that improves drainage facilities, regulates sex establishments and ensures that the environment in central London is improved. We shall also have a Bill which no longer threatens some people's proper interests. They will be assured that their case has been vindicated. I hope that the House welcomes that on behalf of hundreds of such people, their families and successive generations. Hon. Members might like to take with them as a postscript the thought that the stall at the entrance to Westminster tube station has been there since 1923. It is run by one of my constituents and has served hon. Members well. It would have been folly to abolish the right to run such stalls and the right to inherit them.9.36 pm
I represent a good many stallholders in Brixton market and tabled instruction 1, which I shall later ask leave to withdraw.
I hope that my hon. Friend the Member for Newham, North-West (Mr. Banks) will take account of some of my constituents' worries because, although parts V and VI are to be withdrawn, I understand that other provisions will be put forward. I have consulted my local authority — Lambeth — which has been extremely helpful and made constructive suggestions. It has been much more helpful than the London Boroughs Association and the solicitor to Westminster city council, who wrote to me in not very helpful terms about a compromise about rights of succession. I want existing rights of succession to be preserved. They are not terribly generous and exist only if somebody is in business on a stall when he dies, makes a nomination in favour of a relative before death and that option is taken up within 10 days of death. It is not a wide-ranging power, but it should be preserved in the Bill, in whatever form it reappears. One of the limbs of instruction 1 is the advertising of vacancies for stalls. Lambeth borough council is anxious that ethnic minorities should have the proper right to engage in market trading. The present pattern of trading could conceivably exclude people who have, or whose parents have, come relatively recently. West Indians in Brixton and Asians in other parts of London could be prevented from getting into a market if the network is closed. The advertising of available market licences is much the fairest way in which to proceed and it is preferable to the discretionary power to keep a waiting list. As the Bill stands, by 31 December 1986, a local authority will have a chance to de-designate a street as a trading street. That means that streets could be de-designated in the next couple of years and there could be no appeal against the decision. That would be wrong. Clause 43(1) provides the power to revoke certain licences on the grounds, for example, that the street is overcrowded or that the local authority has prohibited trade in a certain class of goods. Such revocations are not subject to appeal. That is wrong. It would be too easy for a local authority to say that a street was overcrowded and then be able to pick and choose between one trader and another. There must be a right of appeal against any such decision, although I agree that some of these decisions need not be examined in magistrates courts. They involve decisions about social policy and are amenable to be decided by the Home Office or Department of the Environment under the appeals system that now exists on planning matters. I insist on behalf of my traders, however, that rights of appeal are preserved in respect of all revocations of licences and not just on certain grounds. Proposals exist in the Bill for disqualifying a market trader on the grounds that he has committed an offence of for "any other reason." I was not convinced by a letter that I received from the secretary of the LBA, who wrote to say:That is not true. I was concerned, as Minister of State for Consumer Affairs, with licensing under the Consumer Credit Act 1974 and the Estates Agents Act 1979. We used a formula which is much more appropriate for the grounds on which a person can lose a consumer credit licence, which might be a much more serious matter than losing a market trading licence. I refer my hon. Friend the Member for Newham, North-West to section 25 of the Consumer Credit Act, which seems to contain the right formula. It says that a person may lose his consumer credit licence if he commits"unsuitability to hold a licence due to conviction or any other reason is well precedented in all licensing legislation during recent years."
that seems acceptable as a precedent—or if he"any offence involving fraud or other dishonesty, or violence"—
relating to matters special to consumer credit—or if he"contravened any provision under this Act"—
and finally—if he"practised discrimination on grounds of sex, colour, race or ethnic or national origins in, or in connection with, the carrying on of any business"—
That definition of an offence or conduct enabling a person's licence to be taken away is sufficiently narrow and relevant to be incorporated in street trading legislation, instead of the broad disqualification in the Bill as drafted in relation to "any offence" and "any reason." Another matter in the Bill which causes traders concern is the ability of the local authority to ban or debar traders from trading in a particular product in a particular licensed street. Some traders fear that a big commercial interest which wants to develop a shop or trade in a specific item might try to influence the local authority to debar street traders from trading in that product. That would be anticompetitive—which should influence the Minister—and it worries me and market traders. Assurances should be built into the Bill, when redrafted, to ensure that such anticompetitive practice cannot take place. Some people believe that market trading is an easy occupation. It is not. It is often carried on for a lifetime. Indeed, among the many people who have come to lobby me today have been traders of 20, 30 and 40 years' standing."engaged in … practices appearing to the Director General of Fair Trading to be deceitful or oppressive, or otherwise unfair or improper".
Members of a trader's family will often trade in a street market for more than a lifetime, carrying on over successive generations. Many families in my constituency have traded in the same street market—indeed, in the same location in that market—for up to 120 years That reinforces the point that my hon. Friend has been making about next-of-kin provisions.
My hon. Friend is right, and the trade over the generations builds up a tradition of quality, honesty and accessibility. The public know that these traders are not here one day and gone the next. They are trading from one generation to the next — sometimes, as my hon. Friend points out, for over a century. They pay expensive fees and are subject to the sort of restrictions which do not apply to most traders who operate from shops.
One must recognise the great discipline that already exists among market traders, and the responsibility that they have to show. There are restrictions that are not shared by many other people in commerce. I am not against a recasting of the Bill that preserves the rights of appeal and of succession, provides for the advertising of pitches and ensures that traders are given a reasonable deal, providing the right balance between the long-standing interests of market traders and those of the community. At the moment the Bill is not drafted in the right way. I am glad that my hon. Friend the Member for Newham, North-West has dealt with the matter so constructively, and has given us the chance of redrafting in Committee.rose in his place and claimed to move, That the Question be now put, but MR. DEPUTY SPEAKER withheld his assent and declined then to put that Question.
9.45 pm
I shall say a few words to sum up, and then no doubt we can move to a speedy conclusion.
The general debate has been good and interesting. One would not have thought that on a Bill termed the Greater London Council (General Powers) Bill, we would have so much live excitement. We have seen the House operating in perhaps its most effective form. There has been a genuine debate, which has allowed hon. Members to put the various points that have been expressed to them by their constituents. We are now reaching a stage where honour is satisfied on all sides. A general powers Bill is perhaps something that hon. Members do not fully understand. The GLC puts the Bill before the House but the provisions within it are given to the GLC by the London boroughs through the London Boroughs Association. My council assumes, initially anyway, that the boroughs have done their job properly. Having heard the comments made this evening, I believe that it is clear that the London Boroughs Association has not done its job in the efficient way in which it should. That bodes ill if Lady Shirley Porter gets her hands on the powers that she will have if the GLC is abolished. Let me say, so that no one misunderstands, that the GLC received the various provisions under part V. The council had no option but to put them forward. Since the Bill was published, it has been moving might and main to try to fill in the serious gaps that the Bill presented. Clearly, much more time is needed. Therefore, it is more sensible and seems to answer the points of not only hon. Members but the market traders, that on behalf of the promoters I should accept instruction 4, which deletes part V. One takes into account all the points that have been made by my hon. Friends the Members for Norwood (Mr. Fraser) and for Peckham (Ms. Harman), who were assiduous in their pressures upon me, saying just how deformed the Bill was. Therefore, I am delighted—In view of the words that the hon. Gentleman used in the earlier part of the proceedings, when he referred to part V, will the assurance that he has just given be translated into an undertaking that the GLC will agree to exclude part V by amending the Bill?
With all due respect, the hon. Gentleman is seeking to slow things up. He has not been in attendance throughout the whole debate. He must know the correct procedures. I trust that we shall now give the Bill a Second Reading without a vote. I have said that we shall accept instruction 4, which should be moved formally. That will mean that the House has given an instruction to the Committee, not the hon. Member promoting the Bill. I suggest that the hon. Member for Stafford (Mr. Cash) brush up on his procedure. If he stayed a little longer he might understand the matter more fully.
We have had a very interesting debate.I shall not move instruction No. 1. There will be some redrafting, and my hon. Friend the Member for Newham, North-West (Mr. Banks) has given me an assurance that the rights of succession will be protected in that redrafting.
Absolutely. I give a categorical assurance to my hon. Friend the Member for Norwood (Mr. Fraser) so that he can assure his constituents. In my borough of Newham not only is there a right of succession within the immediate family but the council has transferred the licence to others outside the family when it is clear that the concern has been part and parcel of the business. The right can be extended a little further.
I thank the hon. Gentleman for his concessions. They will mean a great deal to traders outside London who were afraid that, if the measures had been introduced for London, they would have spread. We have received many representations from traders on that point.
My hon. and learned Friend assiduously attends to the interests of his constituency. He serves Leicester well by his presence in the House. I am happy to have that placed on the record.
The Minister made a number of points on clause 11. On the interpretation of a sex shop, I had the impression that, at a later stage, as commerce develops, one might go to a street corner trader and ask for two pounds of King Edwards and—to use the immortal words of the barber —"a little something for the weekend, sir". I am sure that we can reach agreement on clause 11 as well. With the various assurances which have been given and excepting instruction 4—I trust that it will be moved formally—I hope that the House will give the Bill with its important provisions a Second Reading without a Division.Question put and agreed to.
Bill accordingly read a Second time and committed
Ordered,
That it be an Instruction to the Committee on the Bill to leave out Part V, clause 54 and Schedule 2.— [Mr. Simon Hughes.]
Arrangement Of Public Business
Ordered,
That Standing Order No. 6 (Arrangement of public business) be amended as follows:
Line 4, leave out paragraph (2) and insert:
'(2) Twenty days shall be allotted in each session for proceedings on opposition business, seventeen of which shall be at the disposal of the Leader of the Opposition and three of which shall be at the disposal of the Leader of the second largest opposition party; and matters selected on those days shall have precedence over government business provided that—(a) two Friday sittings shall be deemed equivalent to a single sitting on any other day, (b) on any day other than a Friday, not more than two of the days at the disposal of the Leader of the Opposition may be taken in the form of four half days, and one of the days at the disposal of the Leader of the second largest opposition party may be taken in the form of two half days; and (c) on any such half day proceedings under this paragraph shall either— (i) lapse at seven o'clock if not previously concluded, or (ii) be set down for consideration at seven o'clock and, except on days on which private business has been set down for consideration under the provisions of paragraph (5) of Standing Order No. 7 (Time for taking private business), shall be entered upon at that time:
Provided that on days on which business stands over until seven o'clock under the provisions of Standing Order No. 10 (Adjournment on specific and important matter that should have urgent consideration) proceedings under this sub-paragraph shall not be entered upon until such business has been disposed of, and may then be proceeded with for three hours, notwithstanding the provisions of Standing Order No. 1 (Sittings of the House). (2A) For the purposes of this order "the second largest opposition party" shall be that party, of those not represented in Her Majesty's Government, which has the second largest number of Members elected to the House as members of that party.'; and
That Standing Order No. 33 (Questions on amendments) be amended as follows:
Line 9, leave out from first 'the' to 'Standing' in line 11, and insert 'twenty days allotted under paragraph (2) of'.—[Mr. Archie Hamilton.]
Old Trafford Post Office
Motion made, and Question proposed, That this House do now adjourn.— [Mr. Archie Hamilton.]
9.53 pm
The Minister has an advantage on this occasion because he is well-travelled on the route of post office closures whereas, for me, it is still a novel experience. The closure of the Old Trafford post office is worthy of the attention of the House because of the issues that it raises. It is not simply a matter of a local decision with which I disagree. It is more fundamental. This is a matter of principle on which the Government have responsibility. It is ironic that I, who on many occasions have advocated public ownership and monopoly control of certain operations, such as post office facilities, am faced with a Minister who, ideologically, would put forward a case in favour of privatisation and competition. I shall challenge the abuse of that monopoly power, and I suspect that the Minister, who probably would not wish to defend that monopoly power, will find himself saying that he does not intend to do anything about it. I hope that I may be wrong about that.
I have had a letter from the Parliamentary Under-Secretary of State at the Department of Trade and Industry. He said:In other words, while thanking me for my correspondence about the Old Trafford post office, he was not prepared to take any interest in a local matter. Yet the process of post office closures stems from decisions made by central Government about the financing of the Post Office, and it is, in consequence, extremely frustrating to try to stave off a closure. Other hon. Members know that as well as I do. They have raised the issue both in Adjournment debates and in a half-day debate earlier in the year. People are unhappy about the consultation process. It is difficult to make anyone admit responsibility for the decision. The chairman of the Post Office has written to me as follows:"The role of government is confined to broad issues of general policy and to matters of overall financial control".
Yet, in speaking to local managers, I have been made aware that they feel constrained by national guidelines that instructed them in effect to choose post offices to be closed. I have also had a letter from the chairman of the north-west postal board, who used to be the postmaster in Manchester. It is ironic that the man who put forward Old Trafford post office for closure as postmaster then found himself, as chairman of the board, ratifying the decision to close. He said:"Although the guide lines have, as you say, been set nationally, the decisions are being taken by the local managers who have detailed knowledge of the circumstances in the individual area."
of the closure programme—"The main aim"—
Improving services is an important matter. In this case however, there will be no improvement for the customers in the area. No affected group is even remotely persuaded that the closure decision is in its own interest. The local council opposes the decision because the area around the post office already presents a number of reasons for the maintenance of that office and is also an area of potential major development. The council points out that the Cornbrook sidings site provides 153,000 sq ft of industrial development, 25,000 sq ft for offices and a further 15 acres that are ripe for development. Fluor house, just across the road, provides 110,000 sq ft of vacant office space. Half a minute's walk away from the post office there is planning permission for 45,000 sq ft of offices and 25,000 sq ft of supermarket space. Three minutes' walk down the road, the North-Western Electricity Board plans to site its headquarters in the near future. That will be 100,000 sq ft of office space. There is also to be a major hotel development. There are, therefore, plans for massive development in the area, which is designated as a development area within the county structure plan and the district plans. The local authority does not understand the decision. The chairman of the Post Office has said:"is to reduce costs and improve productivity whilst at the same time improving the range of services available to the customer."
That is an empty promise. The decision to open a post office is massively more difficult than the decision simply to continue to operate an existing service. Clearly, to close the post office would be a very negative step. Quite apart from future developments, there are cogent reasons, even now, why the post office should not be closed. I have already said that there are interest groups, one of which is opposed to closure. It will be no surprise to the Minister to find that the Union of Communication Workers, on behalf of the work force, is opposed to the decision to close."I can promise you that the Head Postmaster will keep an eye on the post office services in the area and should any future redevelopment justify additional facilities, these will be provided."
It being Ten o'clock, the Motion for the Adjournment of the House lapsed, without Question put.
Motion made, and Question proposed, That this House do now adjourn.— [Mr Neubert.]
It is a great privilege for me to be able to extend the Adjournment debate. I have not previously experienced this, and I thank my colleagues from London for their early departure, which has allowed this matter of national importance to be more fully debated.
The Post Office has given a promise that there will be no compulsory redundancies, but jobs will simply disappear. If the case that those jobs will disappear because the post office is unproductive or socially unnecessary could be made, we might accept the closure as being reasonable. However, I shall demonstrate that the loss of those jobs is not only socially undesirable but is not even economically soundly based. Those jobs will be lost with no rationale, and there will be even less employment for the people in my constituency. The major users of the post office are business people and claimants. I have had many letters from local people involved, for example the Manchester chamber of commerce. Its Trafford branch is extremely concerned about this decision and has promised to do everything that it can, even at this late stage, to help reverse the decision. I had a letter from a company, P. F. Jones, Diesel Services Ltd. The managing director says:That is not a sign of a post office that is of no value or that has no demand. The signs are to the opposite, that the post office is providing a valuable service to this business and to the local community. The managing director says that the closure of the post office would be a great inconvenience for that company. The chairman of the Post Office has said to me that, given that the post office"We are a small limited Company who make use of the Post Office at Talbot Road … almost every day, when we visit the bank of Williams & Glyn's next door … I also collect a pension for my mother-in-law … I always have to queue along with many other pensioners".
There is no consideration of the needs of the local business community. That is remarkable, because the area is ripe for commercial development and has a significant proportion of local traders already. There is a local shopping parade in the area and the traders there are concerned about their future. There is a phenomenon that every hon. Member present on these packed Benches will recognise, which is that once a deterioration sets into a shopping area and facilities begin to go, a vicious circle develops. If the post office is not there, pensioners do not go there on pension day, so they do not shop there. The local shops find business more difficult and become marginal businesses. Some close and the process goes on. There is no longer an attraction for local customers. Therefore, the local businesses are extremely concerned about the closure of this post office. Naturally, there is also concern about the loss of services when the post office closes. Business people are anxious that the case for the continuation of the post office is made. The alternative of sending them to Salford, Chorlton or Stretford post offices is misguided because not only are those offices a long way away, but they are along peculiar traffic routes. One would not send the office junior on such a route with the ordinary day's mail unless that is forced on one because of the closure. About a third of the Post Office's business comes through the payment of DHSS pensions, unemployment, supplementary and child benefits. It has admitted that some 700 pensioners still collect their pensions at this post office and that nearly 300 people claim their allowances there. I concede that those numbers are not as great as may go to other post offices. Nevertheless that is quite a large number of pensioners. The chairman of the Post Office said that local managers have detailed knowledge about the circumstances of individual areas. According to that detailed knowledge, Old Trafford post office is within half a mile of an alternative post office, the terrain is flat and public transport services are good. What may seem to be the case when one looks at a map and takes the distance that the proverbial crow would fly, may not be the same when one considers what happens on the ground. I know the area extremely well. It is ridiculous to say that there are easy communications to the two post offices that have been forwarded as alternatives. Hullard Mall post office, which is the closest to Old Trafford, is almost unknown because it is in a party of my constituency which is not on anyone's travel pattern. It is not a recognised place for people to go to. Although there is a bus service, no one would dream of going there to shop or for any other purpose. Therefore, to force people to go to that post office would mean that they would make the journey for only one purpose—to collect their benefits. The Post Office claims that the route to Ayres road post office is easier, but that is not true. The crow might be able to fly there in a straight line but one could not walk through the streets in a straight line because of the pattern of housing development. Therefore, to use that post office as an alternative is not straightforward. There will be immeasurable social loss if Old Trafford post office is closed. It would cause difficulties to pensioners if they had to walk another 1,000 yards or more, as the crow flies. One of my constituents, Mrs. Lathwood, wrote to me as follows:"is used far more by businesses than by residential customers and that the residential areas which currently use it are close to the alternatives, I do that think there will be undue hardship to customers."
She is right. The post office is convenient for the people because of its location. It will be massively inconvenient if the people have to use the alternative post office because they are not on routes or in shopping areas that are well defined. Therefore, the closure of Old Trafford post office would cause great social disruption. On several occasions the Minister has heard cogent social reasons against the closure of post offices. I know that there is a need to reconcile the social arguments with technical and economic efficiency. I was staggered at the reply from the Post Office to my specific question about whether Old Trafford post office was making a loss. I must thank the chairman of the Post Office for his unequivocal answer. He said:"The post office at Old Trafford is a vital service and it is convenient after drawing one's pension to catch a bus to the Stretford Arndale Centre or one into Manchester."
This post office is not to be closed because it is an economic failure; it is to be closed despite being an economic success. Although on commercial grounds it should be kept open, the Post Office says that it will close it. Because the Post Office is a monopoly 99 per cent. of the customers of Old Trafford post office will go to other offices to draw their pensions, to buy stamps and to make various transactions. The Post Office will not lose income, but the proposed closure has all the hallmarks of the most gross abuse of the Post Office's monopoly power that would be written about in economic textbooks as read by Government Ministers or rejected by Opposition Members. It is an abuse of the Post Office's power. If competition existed, someone would take over and run that post office. Indeed, a sub-post master of a post office in the area approached the Post Office with a view to taking over this Crown office, but he was told that he could not. The Post Office is not prepared to allow a successful post office to continue to exist under any circumstances. That is a diabolical abuse, which is why the matter is sufficiently serious to draw it to the attention of the House. On previous occasions the Minister said that he did not have the power to intervene. However, section 60 of the British Telecommunications Act 1981 and section 11(2) of the Post Office Act 1969 give the Secretary of State power to act in these circumstances. I urge the Minister to act, because there is a general Government responsibility in that the closure programme stems from their action and, more importantly, because the decision to close the local office which, although regrettable locally is part of a great national plan, runs counter to the Government's logic and to the Post Office's obligations. It is an abuse of its power to trade. The Minister should assure the House that the matter will be examined, the abuse will be checked, and the Post Office will be asked to reconsider this and other closures."You asked me whether the Old Trafford Office makes a loss. It does not."
10.12 pm
I well understand the anxiety of the hon. Member for Stretford (Mr. Lloyd) that the Old Trafford post office should not close, and I acknowledge his efforts to persuade the Post Office otherwise. However, he will appreciate that as a commercial organisation it is essential for the Post Office to find ways of improving its efficiency and thereby safeguarding the future of the entire network, although at times the process may result in a disappointing decision for those who use a particular post office that is to be closed.
The hon. Gentleman explained why he believed that the decision to close Old Trafford post office was wrong and why it should be reversed. He will not be surprised to hear that I am not in a position to comment on the circumstances of the case or to assess the Post Office's decision. Indeed, it would be wholly wrong for me to do so. I realise that that is not the reaction for which the hon. Gentleman wished, but it will not surprise him. The hon. Gentleman wrote to my right hon. Friend the Secretary of State for Trade and Industry in October 1984, following correspondence with the chairman of the Post Office about this and another closure in his constituency, requesting that the Post Office be encouraged to review its decision. My noble Friend the Parliamentary Under-Secretary said in his reply that he could not comment, because the matter was for the Post Office. He was not being obstructive or unhelpful—the hon. Gentleman is not suggesting that — but following the clear and persistent policy of the Government and their predecessors on such operational questions, which are matters for the Post Office, not for the Government.I was not wishing to suggest that the Parliamentary Under-Secretary was being obstructive. I understand why that is the normal response. I do not want the Minister or the Parliamentary Under-Secretary to think that I was trying to be personally insulting. However, I query the way in which the Government approached this decision, considering the overtones of monopoly abuse.
My noble Friend will be grateful for that, although neither he nor I thought that there was any question of the hon. Gentleman taking that position.
It should be clearly understood that the Post Office is responsible for running the counters network and that decisions about individual post offices are operational ones for the Post Office, not for the Government. That is in accordance with the clear distinction, of which the hon. Gentleman is aware, between the respective roles of the Government and the Post Office Board. Since the Post Office was established in 1969 as a public corporation with its own board, the policy of successive Governments embodied in the relevant legislation has been that decisions concerning the day-to-day management of business are the responsibility of the board. The role of the Government is confined to broad issues of general policy and matters of overall financial control. Of course, no post office closure is popular, because it will inevitably mean some inconvenience to people who must travel further to the nearest alternative post office, as those right hon. and hon. Members whose constituencies are affected by post office closures will appreciate. There is no constituency in the country that has not suffered a closure, and my constituency is no exception. It is understandable that the average post office customer's primary interest is in the post office which he or she is used to visiting, and he or she will be concerned if it is decided to close that office. However, the Government and the Post Office Board are required to take a wider view. As to the network of post offices, the Government's interests and responsibilities relate to the overall network, and the Government consider the Post Office's proposals for the urban network in that context. We have frequently stated our recognition of the valuable role that post offices play in the economic and social life of the country. However, if the network of post offices is to continue to provide such a role in the future, it is vital that the Post Office, in running the network, should seek ways of improving its efficiency and effectiveness and maintaining it at a satisfactory level. Since 1945, the Post Office has had a criterion of providing post offices in town areas at intervals of not less than one mile. That is not and was never intended to be a precise and inflexible standard. It represents what the Post Office regards as a reasonable balance between the service that its customers want and the costs involved. The Post Office has not applied the criterion rigidly, but has, over the years, made decisions about post offices in the light of local circumstances. Until the late 1960s, the network grew due to new housing development, population growth and growth in business. However, with some exceptions, closures were considered only when sub-postmasters resigned or retired and the distribution of population was not fully reflected in the provision of post offices. A review undertaken by the Post Office in 1983 revealed an excess of about 2,000 offices against the criterion. The review also showed that about 2,000 urban offices failed to make a financial contribution to the financial overheads of the business. The excess of offices was especially evident in the inner cities, where the population movements were strongest. The Post Office was aware that any proposals to tackle the excess of offices were bound to be unpopular, and we should commend the fact that it did not take the easy option of doing nothing but had the courage to draw up its proposals to reduce the number of post offices in urban areas. The Post Office informed the Government about the outcome of the review and the proposals to reduce the urban network. We were concerned to ensure that the proposals did not prejudice our commitment to the maintenance of a network adequate to enable the Post Office to fulfil its statutory duty with regard to efficiency, economy and social needs. The Post Office's proposals included its intention to consult the National Federation of Sub-Postmasters, the Post Office trade unions and the Post Office Users National Council. It also confirmed that individual closure proposals would be subject to the existing code of procedure agreed with PONC in 1981, and revised in January 1984 to include Crown offices, which provides for consultation with local interests before final decisions are made to close offices. The Government were satisfied with the overall balance that the Post Office wished to strike between the needs of those whom it served and the need for reasonable economy and efficiency. The proposals were consistent with its statutory duty. But that, I repeat, is the extent of our involvement. We are not involved in decisions to close offices, nor are we involved in the process of prior consultation. There have been some complaints about the operation of the consultation process. The hon. Member did not go as far as couching his comments in a way that I would describe as a complaint, but he mentioned the consultation process. I must tell him that, in more than 10 per cent. of cases, the Post Office has withdrawn proposals to close offices following local consultation. To my mind, that is hardly evidence, as has been suggested by some hon. Members—although not by the hon. Gentleman — that the Post Office's approach is blinkered or that it merely goes through the motions, with the result already a foregone conclusion. On the contrary, it suggests to me that the Post Office takes the process very seriously. This impression is borne out in the number of representations that have been made to me to intervene on particular closures, where those complaining have complimented the Post Office on the way that the consultations have been handled, even if they disagreed with the final decision. It seems to me that too many of those who complain about the procedure fail to distinguish between the decisions which the Post Office makes and the way that it has to make them. As for the hon. Gentleman's main point about monopoly power, the requirements that the Government place on the Post Office to operate an efficient network should ensure, particularly with the consultation procedures and the various consultations with the different national bodies which I have just described, that nothing that the Post Office does could possibly be described as an abuse of its monopoly position. It has gone to great lengths, both in this case and in other cases of which I am aware, to satisfy itself and local people that alternative post offices exist. I do not think that the degree of care and attention that the post office devotes to this question could possibly justify the hon. Gentleman's description of the Post Office abusing its monopoly position. I explained during the debate on 23 January that in undertaking the review of the urban counters network and in framing the subsequent proposals for reducing the size of the network the Post Office's aim is to improve the efficiency and cost-effectiveness of the counters network. The Post Office is well aware that closures are not popular, but it believes that the exercise is essential to secure the future of the network, to the long-term benefit of the community. I appreciate and admire the hon. Gentleman's persistence. I do not claim that I have been able to convince him at this stage in the process, I hope that I have explained to him with sufficient clarity the Government's position vis-à-vis the Post Office Board and what the board is seeking to achieve by the various reductions it is making throughout its network while still fulfilling the requirement that we have placed upon it. The Post Office has the Government's full support in its endeavours to carry out the review and its programme.Question put and agreed to.
Adjourned accordingly at twenty-two minutes past Ten o'clock.