House Of Commons
Thursday 8 June 1995
The House met at half-past Two o'clock
Prayers
[MADAM SPEAKER in the Chair]
Private Business
Accommodation Level Crossings Bill Lords (By Order)
Queen Mary And Westfield College Bill (By Order)
Orders for Third Reading read.
To be read the Third time on Thursday 15 June.
City Of Westminster Bill Lords (By Order)
London Local Authorities (No 2) Bill Lords (By Order)
Orders for consideration read.
To be considered on Thursday 15 June.
Oral Answers To Questions
Agriculture, Fisheries And Food
British Food
1.
To ask the Minister of Agriculture, Fisheries and Food what action he is taking to encourage the consumption of food produced in the United Kingdom. [25812]
My ministerial colleagues and I take every opportunity, through our marketing grants and other practical help, to encourage the industry to improve its marketing performance.
Can my hon. Friend assure the House that support for home-produced British food, which is so excellent, also comes from the private sector? Can she also assure the House that she and her fellow Ministers will set a best-practice personal example by eating good British food at all appropriate opportunities?
On the first point, I commend to my hon. Friend and the House the excellent work of Food From Britain, which this year will receive £5 million from the Government and which also attracts money from the private sector. On the second point, I can confirm to the House that since I was appointed Minister for Food a year ago, I have done my best to eat British food, and have gone up one dress size as a result.
Does the Minister acknowledge that the best way to assist home producers will be to prevent unfair competition from exports from other states? In that regard, can she confirm that the Minister's statement that he found very powerful the case for restricting imports of foods and food products into this country from other member states of the European Union, where the same standard of hygiene and animal welfare do not apply, is one that she is examining carefully? Can she further confirm that, under the treaty of Rome, there is nothing to stop the Minister using his powers to prevent those foods from being put into the British market, which puts our consumers in an unfortunate position?
The hon. Gentleman will know that there are strict rules on hygiene within the Community and also in the trade that we do with countries outside the Community. The Ministry would always take the necessary action to make sure that food that had a question mark against it in terms of hygiene was taken out of the food chain and that the necessary steps were taken. My right hon. Friend the Minister has demonstrated clearly his desire, against a free-trade background, to encourage both hygiene and welfare-friendly food. Obviously, the best way to do that within the single market is by Europe-wide agreement and enforcement.
My hon. and slim Friend is far too young to remember that there used to be a "Buy British" campaign. Will she and her Department consider introducing an "Eat English" campaign? If she is clever enough, she may be able to think of a similar phrase for the Welsh and the Scottish. When is she going to promote Britain even more than she already does?
I accept the compliment from one so young, and thank him for it. It is interesting to note that "Produce of England" is a label that is now put on food sold in Paris by Marks and Spencer because the French and other nations seek out English food. In Paris, £40,000-worth of British sandwiches, made in this country, are sold. Throughout the capital of France, they seek out British muffins. Around the world, one can see the success of the British food industry.
One way to encourage the consumption of home-produced food is to discourage imports. What does the Minister intend to do about the estimated 80,000 tonnes of Spanish lettuce which we believe is imported at below-cost price?
On discouraging imports, the answer is to encourage and support import substitution. Through the good quality, safe food which we have in this country, we can persuade UK consumers to seek out UK-produced food. The hon. Gentleman will know that the lettuce industry is currently jeopardised because of an absurd decision about nitrate levels in lettuces. My hon. Friend the Minister of State is working hard to ensure that the English lettuce industry survives, people eat British lettuces, and those European nonsenses that arise from time to time are batted away as quickly as possible.
Farm Land
2.
To ask the Minister of Agriculture, Fisheries and Food what he is doing to help make more rented land available to people who want to enter farming. [25813]
The Agricultural Tenancies Act 1995, which comes into force on 1 September this year, will encourage landowners to let more land. This will be reinforced by 100 per cent. relief from inheritance tax for land in new tenancies granted on or after 1 September. That is good news for new entrants to farming.
That is indeed good news. Will my right hon. Friend now turn his attention to county council farms? Would it not be sensible to promote mobility across the whole farming sector? In Wiltshire alone, 13,000 acres of land are in public ownership with 127 tenancies, the average of which is 26 years. That hardly promotes mobility. Those are excellent farmers, but they need an opportunity one way or another. One way might be to sell the farms to those farmers in the same way as selling council houses; another way might be to introduce short-term tenancies. Will my right hon. Friend look at that problem?
It is a matter for the counties concerned, but the figures that my hon. Friend gives show that, in his county—I suspect that other counties are the same—county farms do little to bring in new entrants because of the length of tenancies granted. If the new Act works in the medium term as we hope, it will do far more for new entrants even than county farms have done in the past.
Does the Minister agree that it is essential to ensure that the rural population of many areas is maintained? Does he accept that, if holdings are small, new incomers to farming may find it difficult to make a decent livelihood?
There is something in what the hon. Gentleman says. The Government will look at the health of the rural economy more widely when we publish a White Paper later this year. In some areas, farming still plays an important part in that, although we must widen the source of jobs available in the countryside. The hon. Gentleman makes a good point, however.
Horticulture
3.
To ask the Minister of Agriculture, Fisheries and Food what assessment he has made of the contribution his research and development budget can make to extending the availability of home-grown horticulture produce. [25814]
An assessment of the Ministry's research and development budget shows that work on improved crop varieties and seasonal extensions will continue to improve the availability of home-grown horticultural produce.
I thank my hon. Friend for his response. Will he confirm that his R and D programmes are designed to make our domestic producers the best in the world, and able to compete with Europe and the rest of the world? Will he also confirm that research moneys which he is giving are used in conjunction with private industry's research funds?
I confirm both those points to my hon. Friend. The work that we have been doing includes the £41 million restructuring of the Horticultural Research Institute, which gives it an opportunity to become one of the best science-based aids to the whole of the United Kingdom horticultural industry and puts it on a good basis to receive money from the Horticultural Development Council. We can go further than that. With the "Technology Foresight" exercise on which we are embarking, on strawberries, mushrooms and apples, we shall look to the future technological needs of the industry.
Live Animal Exports
4.
To ask the Minister of Agriculture, Fisheries and Food if he has studied the legal opinion obtained by the RSPCA on the export of veal calves and EC law; and if he will make a statement. [25815]
I informed the House of the results of my considerations of this matter in my response to a question from the hon. Member for Nuneaton (Mr. Olner) on 22 May.
Would the Secretary of State like to publish the legal advice that he has received? He has had a rough time this week, and one way to clean up his image a bit might be to be a little more open on the export of calves to countries that operate the odious veal crate. Further to his reply to my hon. Friend the Member for Nuneaton (Mr. Olner), does he agree that there will come a time when we can ban unilaterally the export of calves to countries that use veal crates? That will make more impression on our allies than simply being nice to them.
I am grateful to the hon. Gentleman for his solicitude, which is very usual from him.
Unfortunately, I am clearly advised that the argument used in the Barling advice, which we studied extremely carefully, does not justify any unilateral action. I believe that we are well on the way to winning the campaign to ban the veal crates, about which the hon. Gentleman and I share the same opinion—most people in the House share that opinion. It would be very unwise to take action that was then struck down by the courts, as that would remove the issue to the European Court of Justice, perhaps for years, just at the moment when we are on the way—if the veterinary report that is coming in to the Community says what I believe that it will say—to winning the argument.Does my right hon. Friend agree that the way forward is not to ban veal calf exports, which would have a devastating effect on our farmers, but to ban veal crates in Europe, which is an initiative that we have already taken?
My hon. Friend is right. If we are interested in the animal welfare outcome, there would be nothing especially smart about banning calves that come only from this country—even if we could do it—if they were immediately replaced in the same veal crates in Belgium, or wherever it is, by calves that come from somewhere else.
The object is to get rid of that practice. We have powerful allies around Europe for doing so—Germany is alongside us on that, as are the Scandinavian countries and others—and I believe that we shall win the argument. That would be a far greater gain for animal welfare, without placing our farmers in jeopardy.
I assure the Minister that we stand four square behind our commitment to give Europe a lead on that issue by stopping the export of veal calves from this country into continental veal crates. I also remind him that, in January, he declared that the days of veal crates throughout Europe were numbered—I remind him, days. Will he tell us when he now expects veal crates to be banned throughout the European Union?
On the first point, I have already explained why I believe that the hon. Gentleman's gesture politics in that respect would set the cause back, for the following reason. If he introduced his unilateral ban—which would be challenged, as the Commission has warned that it would be challenged, straight away—the whole thing would be in the long grass of legal dispute, perhaps for years.
As I said in January, the Scientific Veterinary Committee of the Community will bring its report back to the Council, probably in September or October. We have a majority in the Council if that Committee recommends the banning of veal crates, as I believe that it will, so there is a good chance that the decision will be taken before the end of this year. That is a far greater outcome for animal welfare than the gesture that the hon. Gentleman recommends.Common Agricultural Policy
5.
To ask the Minister of Agriculture, Fisheries and Food when he next expects to meet his EU colleagues to discuss the further reform of the common agricultural policy. [25816]
To ask the Minister of Agriculture, Fisheries and Food if he will make a statement on the effects of recent attempts to reform the common agricultural policy. [25820]
The next Agriculture Council is scheduled for 19 and 20 June. I will continue to press for further improvements to the common agricultural policy at this and every other suitable opportunity, in order to build on the achievements of the 1992 reforms.
Can my right hon. Friend spell out to the House his vision of a reformed CAP? What would it look like? Does he, for example, favour the progressive reduction of support prices to world levels?
As my hon. Friend knows, I shall produce a report on that very matter, setting out my opinions in detail. However, in principle I do not think that anyone doubts that we need a policy that moves far closer to the market, and that deals with the real issues of environmental and social support, where they are rightly to be supported in the countryside, explicitly and not by agricultural policy. It is expensive and inefficient to use high food prices for those purposes.
I do not know whether my right hon. Friend goes grocery shopping, but is it not true that the British housewife pays twice as much for her groceries as she needs to? Is it not true that, if she went to the United States—which I admit is a long way to go for shopping—she would find groceries on sale for half the price, in a country where salaries are generally almost double ours? Is it not true that the common agricultural policy is nothing more than a rip-off of the British taxpayer? It cannot be reformed. Is it not true that we should repatriate those powers and return to a system of supporting our own farmers, as we used to do, with agricultural supports?
My hon. Friend is right: if one goes shopping in America one finds that food prices are very much lower than they are in Europe. As a matter of fact, the common agricultural policy is not only expensive for the British consumer but is now proving expensive for consumers throughout Europe. I doubt whether a single country in Europe is deriving net economic benefit from the CAP. It must be radically reformed. However, I do not agree with my hon. Friend that repatriation is the best way forward. Repatriation is likely to mean the re-emergence of competitive protection and competitive state aids, supports and subsidies, which would damage British farming as well as the consumer.
Will the Minister spell out on each occasion that he proposes necessary reforms of the CAP exactly how much the salaries of British farmers will be reduced as a consequence?
The calculations are interesting but difficult. If we stop the artificial dumping of subsidised foods on to world markets, world prices will rise. Farmers have less to fear from a world where there is freer competition because of that increase in world prices. The drastic experiment of New Zealand, which was forced to abolish all subsidies overnight—no one is proposing that here—shows that competitive farming can come through, even when farmers are competing with subsidised farming elsewhere.
When the Secretary of State has discussions with our European Union partners, will he raise the issue of the agrimonetary system? The Secretary of State will know that a significant proportion of the 6 per cent. increase in farm incomes is a result of the devaluation of sterling and the agrimonetary system. What specific proposals does the Secretary of State have in mind to reform that chaotic system, which costs the taxpayer a lot of money? How will he reconcile any reform with the need to ensure that there is no significant reduction in farm incomes as a result?
We talked about long-term reform in answer to a question from my hon. Friend the Member for Hazel Grove (Sir T. Arnold). The hon. Gentleman is perfectly right, in that we face a real and imminent problem with regard to agrimoney. That issue will come up at the next Council meeting.
Britain's additional green pound devaluations are caused largely by the refusal of countries with stronger currencies, such as Germany, to allow revaluations. That makes the system break down completely and adds to net costs. We are strongly opposed to that and we are arguing, on the same side as the Commission, that revaluation should be allowed to take place within the agrimonetary system. If that does not happen, British food processors will be severely disadvantaged, as is beginning to occur already.Is it not a fact that the size and structure of farms in the United Kingdom is very different from that in all other countries in the European Union?
Will my right hon. Friend ensure that that fact is taken into account very firmly when considering reform of the common agricultural policy?I agree with my hon. Friend. What is considered to be a small farm in the United Kingdom is a large farm in virtually every other country in the European Community. That is why we are opposed to what is called, in Euro-jargon, modulation—that is, shifting all the support to aim at small farms. Small farms in Europe are minuscule farms here, and that kind of policy would seriously damage British farming.
When will the Minister realise that all the talk about the long-term and a further review of the common agricultural policy is not in his best interests? If he wants to see anything done about the common agricultural policy and get his name in the history books, he had better do it sharpish, before he gets sacked.
I am grateful for the all-party support that I am being offered. I will do my best to meet the hon. Gentleman's time scale.
Departmental Expenditure
6.
To ask the Minister of Agriculture, Fisheries and Food which Minister or office in his Department is responsible for overseeing the fundamental review of public expenditure in his Department; and if he will make a statement on the level of possible savings. [25817]
Officials conducting the fundamental expenditure review are reporting to me. It is too early to say what savings might arise from the review.
I thank my right hon. Friend for that reply. I hope that he will be in charge of the fundamental review of public expenditure in his Department because, unless it is driven by politicians, it is unlikely that there will be much of a review at all. My question may be connected with the previous one in that, if we want to see a reduction in the costs of government, there may have to be a reduction in the costs of the agricultural policy in Europe as well as reform; otherwise, it is not really reform in the proper sense of the word.
My hon. Friend is perfectly right. As I said in answer to an earlier question, the first battle is to get some sense into the agrimonetary system. That threatens to drive up costs in the short term, which would be really disastrous. The frustration for my Department is that those parts of our expenditure that are entirely under the control of Ministers answering to the House and are without the structure of the agricultural policy—our marketing grants and our environmental grants—would be genuinely supported on both sides of the House as being rather well targeted, but the pressure is always on them, because we cannot make unilateral cuts in the CAP fund.
Will the Minister tell us how much his Department spends every year on tribunals of appeal against Ministry decisions to close slaughterhouses? Does he believe that cleanliness and hygiene should be taken into account when determining those appeals?
The hon. Lady has a particular case in mind in her own constituency and I shall write to her with the answer. I do not think that we have had any expenditure on those appeals, because the tribunal has only just been set up alongside the Meat Hygiene Service. I shall write with more details to the hon. Lady.
Does my hon. Friend agree that, while the search for further savings in his Department's expenditure is important, it must not, under any circumstances, be achieved by a further reduction in the support paid to hill farmers through the hill livestock compensatory allowance? Hill farm incomes are falling and the HLCAs should increase, not reduce.
I hear clearly the message from my hon. Friend, and I am sure that we shall endeavour to take that into account in our discussions with the Treasury in the expenditure round.
Live Animal Exports
7.
To ask the Minister of Agriculture, Fisheries and Food what concerns have been expressed to him concerning the conditions under which farm animals are exported. [25818]
We continue to make a large number of representations expressing concern about the live export trade.
Is the Minister aware that hundreds of thousands of people around the country are deeply concerned about the treatment of farm animals during export? They have been demonstrating peacefully at many ports, and some have been disgracefully treated and prosecuted under the Criminal Justice and Public Order Act 1994. The Department claims that it is trying to persuade European countries not to allow veal calves to go into crates. As that has been so unsuccessful, would it not be better to put a one-off ban on the export of live animals to force others to recognise that people in Britain take animal welfare seriously and are not prepared to see such barbaric conditions continue for calves reared in Britain?
I am aware of the concern in the country about the welfare of farm animals in transit. The hon. Gentleman has been in the House since 2.30 pm and will have heard my right hon. Friend the Minister explain clearly why unilateral action on our part is not only not practical, but not in the long-term interests of animal welfare generally. As for his point about people protesting, peaceful protests are the democratic right of people in Britain. However, I abhor those people who break the law, subject others to violence and quite rightly come before the courts.
May I assure my hon. Friend that, whatever the views of the window box owners of north Islington, the farmers of south-east Leicestershire are concerned that there should not be a ban on the export of live animals, although they fully accept that there is no need to have cruel exports? Will she reassure the House that she will do her best to ensure that the live animal export regime continues?
That is what my right hon. Friend has been doing in his efforts to persuade the Community to raise its standards to those of the United Kingdom. We believe that we have the highest standards in Europe, and this is an opportunity for other countries in Europe and elsewhere to raise their standards to meet ours. I assure my hon. and learned Friend that, if his farmers and those people who transport animals abide by the regulations and codes of practice, they have nothing to fear and the trade will certainly continue.
Children (Diets)
8.
To ask the Minister of Agriculture, Fisheries and Food what initiatives his Department is taking to improve the diet of children. [25819]
We are preparing advice to parents about healthy diets for pre-school children and we are considering a version of our booklets written especially for school children. We continue to provide substantial funding to the British Nutrition Foundation for its teaching pack for schools entitled "Food: A fact of life".
I am pleased to hear about the advice prepared for parents and children, but what about the manufacturers? A survey by the Minister's Department and the Department of Health published earlier this year showed that children under five consumed double the recommended intakes of salt and sugar. Children are daily bombarded with advertisements for chocolates, sweets, crisps and junk food, with the result that there has been a deterioration recently in their dental health. Every year, 25,000 children under the age of five have a tooth extracted. What is the Department doing to persuade manufacturers to cease some of their advertising of junk food for children?
I deplore the term "junk food", which implies that all convenience and snack foods are not healthy. That is not true. I understand the hon. Gentleman's point, however. The Department is working hard, in conjunction with other Departments—especially the Department of Health—to make sure that we put the information in the public domain so that people can make informed choices.
Children of school age have quite a bit of disposable income, in terms of pocket money and earnings. I hope that the hon. Gentleman will be reassured to know that the Ministry and manufacturers have worked with the nutrition task force to put information packs into schools, up to key stage 4, to ensure that children are taught about diet and nutrition. I hope that, in this way, we shall be able to influence the next generation to make informed choices.Does my hon. Friend agree that the most effective way of improving children's diets is to ensure that the prices of fruit, vegetables, cereals, fish and other commodities in the shops are kept as low as possible? Does she agree that that can best be achieved by discarding the nonsensical aspects of the common agricultural policy that cover those commodities?
My hon. Friend will have heard my right hon. Friend's reply about the task force which is looking at the best way of reforming the CAP. His point about fruit and vegetables is important. I suggest that people buy seasonal fruit and vegetables, rather than what are often the more expensive fruit and vegetables, now fortunately available to everyone but not necessarily the most economic. People should buy the more traditional fruits and vegetables which are in season and which constitute good value for money, thereby contributing to children's and adults' diets.
Does the Minister agree that one of the key aspects of the diet of children is keeping them safe from infections such as listeria? Is it therefore a sensible Government policy to propose the closure of the Torry food science laboratory in Aberdeen, which has a reputation of excellence in this and a number of other areas? Does she accept that the overwhelming body of opinion in the north-east of Scotland favours saving that vital scientific facility? On precisely what date did the proposal to close it appear on her desk or the desk of the Minister?
I know that the hon. Gentleman has had an opportunity to discuss that with my right hon. Friend. I cannot today give him the exact date, but he will know that the work carried out by the laboratory will be continued elsewhere, so there is no threat to human health or food safety. My right hon. Friend will have heard the hon. Gentleman this afternoon, and I shall ensure that he is kept informed as soon as a date is known.
Common Agricultural Policy
10.
To ask the Minister of Agriculture, Fisheries and Food what steps are being taken to eradicate fraud in the common agricultural policy. [25821]
At the Essen European Council last December, my right hon. Friend the Prime Minister made a number of proposals to help tackle fraud, as well as waste and mismanagement. These are now being taken forward. They include a requirement for the annual reporting on national action to combat fraud and waste. The Government are giving the Commission full support in its efforts to take more effective action against fraud.
I am grateful for that answer. Can my right hon. Friend confirm that there is relatively little agricultural fraud in the United Kingdom? Is he aware of the annoyance caused to our farmers when they see other countries—Italy, for instance—getting away with what is seen as large-scale fraud, particularly to do with milk quotas?
I am strongly aware of those feelings, which is why we have successfully pressed the Commission to take more formidable action. My hon. Friend will know that, as a result of a wholly British initiative, Italy, Spain and Greece were taken to the court over milk quotas, and in the end £2.5 billion was taken off them in the form of fines—the biggest single disallowance in the history of the Community, I believe.
Does the Minister accept that, despite the Government having had 16 years to try to eradicate fraud within the CAP, fraud is still a major problem? Why should we believe now that the Government, whose time is fast running out, will solve the problem in their dying months?
The level of fraud in the United Kingdom, where the Government have a direct role, is very low, as my hon. Friend the Member for West Derbyshire (Mr. McLoughlin) said. In the last year when the accounts were fully closed, which, surprisingly, was 1991, we had only £2 million of £1.2 billion-worth of fines. That shows that the British record is good. We have been making efforts—they have been increasingly successful—with other countries, such as the Scandinavian states that have recently joined the Community, to ensure that standards are raised elsewhere. That is beginning to happen.
Does my right hon. Friend agree that the worst vice in the common agricultural policy is that the British are inclined to obey rules while most continental farmers are inclined to disobey them? Surely the best reform would be for us to get out of the CAP now and become self-sufficient in agriculture.
Much the best outcome is to maintain a single market with a proper, level playing field, which involves the avoidance of illegal state aids and of fraud, rather than asking British farmers to compete against farmers abroad who are subsidised by their Governments. That is what our farmers want, and that is the agriculture policy that we need in future.
Has the Minister seen the Commission's admission that there is now proof that criminal organisations have been successfully claiming butter export subsidies when they have not been exporting butter? Will he admit that, every year, hundreds of millions of pounds of agriculture export subsidies are claimed fraudulently?
Not in this country. I am extremely pleased that the Commission is becoming far more realistic about the extent of fraud elsewhere. That is the first stage in stamping out fraud. We have been supporting the Commission's blacklist proposal—I believe that it was our proposal originally. When implemented, it will greatly toughen the handling of export subsidies. That realistic appreciation of the scale of the problem must come first if action is to be taken.
Bull Fighting
11.
To ask the Minister of Agriculture, Fisheries and Food if he will urge at the next European Council of Ministers for the termination of European Union moneys for the rearing of bulls for bull fighting. [25823]
The agenda for the next Agriculture Council does not include that item for discussion.
I am hardly surprised. Waiting for an end to the European subsidy to the beef special premium is about as fruitful as waiting for the cows to come home. Would it not be much better for the Government unilaterally to stop subsidising the rearing of bulls for execution in the bull rings of Pamplona and Aragon? The qualities of these animals are hardly culinary; I would have thought that their qualities are much more combative.
I share my hon. Friend's concern about the repugnant practice of bull fighting. He must take into account, however, the fact that British specialist beef producers gain, to the tune of about £119 million, from the scheme. In the way in which the scheme is constructed, it would not be possible unilaterally to implement my hon.
Friend's suggestion. We shall be asking the Commission, in appraising the effectiveness of the beef special premium scheme, to re-examine the matter.Mr. Tony Banks : If the Minister of State shares the concern of his hon. Friend the Member for Ruislip-Northwood (Mr. Wilkinson), why does he not raise the issue directly? If he did that, we would know that he is serious in what he says. We shall judge Ministers by their actions and not their words. It is appalling that we should be subsidising bull fighting. It is a barbaric activity. Will the hon. Gentleman join me in encouraging British tourists who go to Spain to stay away from bull fighting?
The hon. Gentleman makes his own point. Those considering holidaying in Spain—perhaps even Opposition Members—will listen to what he has to say.
We have already had one go in attacking the practice by reducing the overall level of expenditure on the scheme. We have made it clear to the Commission that we would welcome its positive proposals on the issue. As I said to my hon. Friend the Member for Ruislip-Northwood, we shall urge the Commission to appraise the worthwhileness of the beef special premium scheme in this context.Common Fisheries Policy
12.
To ask the Minister of Agriculture, Fisheries and Food what attempts he has made to involve the fishing industry in his CFP reform group. [25824]
All sections of the industry have been invited to contribute their ideas to the common fisheries policy review group.
Does my hon. Friend agree that the conservation of our fishing stocks must be paramount in any future reform of the CFP? How does he intend to involve the fishing industry in plans to implement the December agreement?
On both counts—the arrangements for the western waters and conservation—we have had many useful meetings with the fishing industry. It is fully involved in that work.
it will review the minimum landing sizes. That, combined with good conservation gear, can make a big contribution to long-term fish conservation.
Any reform of the CFP, or a campaign for such reform, should surely advocate a complete ban of all industrial fishing in the North sea and elsewhere. To that end, should not the reform of the CFP be looking at the regional management and regional preferences for fishermen who are based in the more fragile fishing communities?
I always find it sad when somebody who follows fishing matters as closely as the hon. Gentleman does not acknowledge the lead that the United Kingdom has taken on the whole question of industrial fishing.
It was we who got the Commission to agree to the scientific study—the results of which we are awaiting—to look into this whole matter. The science is complex. We are troubled and concerned by this issue and we keep the pressure up, as we will at the North sea conference, to deal with the matter. On the hon. Gentleman's second point, we have in fact invited Mr. Alain Laurec, in Directorate-General XIV, the No. 2 official in the Commission, who deals with this particular matter, to come to talk to us about some of the regionalisation ideas that are being discussed. It is a very important issue in the dynamics of Europe's future fishing policy.Does my hon. Friend accept that there is a massive danger that, when the CFP comes up for complete review in 2002, we could have a repetition of the disgraceful events that occurred before Christmas over Spanish access to the Irish box, when we were outvoted because of the system of qualified majority voting? Therefore, will he take up my suggestion with other Ministers and look at the possibility of trying to get restoration of the veto for the final decision on the CFP review?
My hon. Friend is right in his own way to raise the question of protecting our vital national interests. He discusses it in the context of the veto. At least that is the kind of idea that comes from Conservative Members; Opposition Members would do away with vetoes left right and centre. I shall certainly reflect on what my hon. Friend says, and I can assure him that, in any further discussions on reform of the CFP, Britain's vital national interests will be at the top of our agenda.
Has the Minister had a chance to see the evidence submitted by Dr. Mark Tasker, of the Joint Nature Conservation Committee, to the North sea conference, which suggested that, unless urgent steps are taken on fish stocks, North sea cod as a commercial stock will be extinct in five years? Are we to see some meaningful progress towards tackling pollution, tackling industrial fisheries and bringing in closed areas before fish and chips becomes a luxury food?
As somebody who enjoys his fish and chips and grew up not far from Harry Ramsden's fish and chip shop, I have some sympathy with what the hon. Gentleman says. I have seen the evidence that Dr. Tasker has put forward, but I think that he may be exaggerating, shall we say, to make a particular point. The hon. Gentleman, who, again, follows fishing matters closely, will know that the scientists advised last year that there should be a 30 per cent. reduction in effort on cod, and that was in fact reflected in the cod quota agreed at last December's Fisheries Council; so Ministers do listen to that point. I do not think that there will be a total collapse of the cod stock in the North sea, because there are about 500 million cod there already.
Rural White Paper
13.
To ask the Minister of Agriculture, Fisheries and Food what steps he is taking to learn about the views of rural organisations, as part of the rural White Paper exercise. [25825]
Our consultation letter received over 360 responses from organisations and individuals. In addition, my colleagues from the Department of the Environment and I have been conducting regional seminars with a wide range of rural interests.
Does my right hon. Friend agree that, although it is not easy, it is very important to strike the right balance between protecting the interests of those who live and work in the countryside and protecting and enhancing our natural heritage? Does he think that the recent review of agri-environment policy makes important proposals in that context, and deserves wide support?
My hon. Friend is right. He has been a great campaigner for some of the conservation measures that we are now enacting—those relating to historic hedgerows, for instance. He has made an important point about the countryside. We must not view it as some kind of museum; it is a place where people live and work, and we must give them space in which to do so.
Prime Minister
Engagements
Ql.
To ask the Prime Minister if he will list his official engagements for Thursday 8 June. [25842]
This morning, I presided at a meeting of the Cabinet and had meetings with ministerial colleagues and others. In addition to my duties in the House, I shall be having further meetings later today.
Following last week's launch of the European Commission's blueprint for the introduction of a single currency, will my right hon. Friend confirm that during the lifetime of this Parliament he will not make any commitments, or support any proposals, for the United Kingdom to subscribe to a timetable for joining the single currency?
I can certainly confirm that. I do not believe that the question of joining a single currency will in practice arise for some time, and I confirm my hon. Friend's proposition. Arguably, the circumstances may not ever be right, and it is for that reason that I have preserved the House's right to make its own decision as and when the practical time for a decision may arise. Even if that time does arise, we should need to consider not only the economic conditions but the political and constitutional implications.
Does the Prime Minister accept that, as a result of the withdrawal of mortgage help for those who become unemployed, the vast majority of home owners—particularly new home owners—will have to take out mortgage insurance? What is his estimate of the cost of that policy to a home owner with an average mortgage?
As the right hon. Gentleman knows, any responsible Government must review the size of the social security budget—now running at well over £80 million of taxpayers' money. As for the cost, the right hon. Gentleman may have seen—as I have—the news that the Skipton building society proposes to introduce cover for all its borrowers without increasing premiums.
I believe that lenders should recognise their obligation to protect home owners, and I hope that others will do the same.Mr. Blair : I assume that the Prime Minister is holding that out as an example of what is going to happen. Does he say that there will be any additional cost? If so, what is his estimate?
I am sorry that my first reply clearly flummoxed the right hon. Gentleman. I was holding out what is being done by the Skipton building society as an example of best practice, and I very much hope that other people will have to pay
Who is paying?
The hon. Gentleman shouts, "Who is paying?" Despite what the Labour party has to say about holding down public expenditure, both he and his right hon. Friend the Leader of the Opposition seem keen that the taxpayer should pay on every occasion.
The Prime Minister has failed to deal with the fact that the vast majority of home owners will have to pay more for his policy. If he cannot give us an estimate of the cost, what does he say to this morning's reports that the insurance claims of many people who have cover are not even met? Would it not be sensible to reconsider a policy that is, in effect, a tax on every home owner, will mean more repossessions and will depress an already depressed housing market?
One would hardly imagine, to listen to the right hon. Gentleman, that, as far as housing is concerned, a Labour study group, for example, threatened to abolish mortgage interest relief totally.
On the particular point about insurance, as my right hon. Friend the Secretary of State for Social Security has made clear, we wish to have a high-quality, comprehensive system of mortgage insurance to minimise the danger of home owners losing their home through misfortune. In terms of best practice, I have already said what the cost might be. I hope that other people will look towards that best practice. My right hon. Friend has been working with the Association of British Insurers to develop guidelines for the best practice of mortgage protection insurance and many new, quality products are emerging. That is very much the reason why I welcome initiatives like that from Skipton.Q2.
To ask the Prime Minister if he will list his official engagements for Thursday 8 June. [25843]
I refer my hon. Friend to the reply I gave some moments ago.
Is my right hon. Friend aware that no one living in Herefordshire now need wait more than nine months for hospital in-patient treatment, and that that significant progress, along with much else, has come about during the first year of the operation of the Hereford hospitals national health service trust? Is that not a good example of the success of health service reforms, and does he agree that it would be crazy to reverse those changes, especially along the lines of the proposals espoused this week by the Labour party?
Assume that the answer is yes and let us get on with it.
The hon. Gentleman says that the answer is yes, but I very much doubt that he will ever be here to give the answer, either yes or no. I am pleased to hear of the success of my hon. Friend's local hospital trust. I recall that it was not all that long ago that the Opposition Front-Bench team was saying that every hospital trust was going to be privatised after the next election, and here is a hospital trust in the national health service performing as my hon. Friend has just set out. He is right about the Opposition's plans on the health service. They are now sharpening up a threat to the health service, not least by abolishing fundholding, which covers more than 40 per cent. of general practitioner patients up and down the country.
Hear, hear.
"Hear, hear," says the hon. Gentleman. What will he say to the patients of those fundholders when the extra facilities provided by fundholding are lost? He may say, "Hear, hear." He does not like it. He does not like the extra facilities. If he wishes to damage GP care, that is the way to do it, and that, he acknowledges, is his party's policy.
In the week of the funeral of Lord Wilson, will the Prime Minister consider one of the most important aspects of Lord Wilson's premiership: his concern about manufacturing production, after the decline of which he called for the need to reinstate Britain as the workshop of the world? In his period, levels of investment in manufacturing were very large and much greater than they have been in the years of this Administration. In the light of today's decline in the index of industrial production, will the Prime Minister start to accord to manufacturing industry investment the sort of priority that Lord Wilson had?
As the right hon. Gentleman will know, not only has there been in the past year or so a substantial improvement in the quantum of manufacturing and in manufacturing investment; there has also been, for the first time, I think, since before Lord Wilson became Prime Minister in 1964, a growth in the number of people with full-time jobs in manufacturing industry. When one considers our export figures and breaks them down, one sees the extent to which manufacturing industry—the management and work force in manufacturing industry—have begun to improve and sell their product with greater skill, both at home and abroad, so I share the right hon. Gentleman's aspirations for manufacturing and I believe that they are coming about.
Q3.
To ask the Prime Minister if he will list his official engagements for Thursday 8 June. [25845]
I refer my hon. Friend to the reply I gave some moments ago.
Has my right hon. Friend had time today to study the recently renegotiated Anglo-United States air services agreement? In that regard, can he confirm that he will use the national veto if necessary on any attempt by the European Union to usurp our country's right to negotiate with other countries both the destinations for British airlines and the frequency of services, because the EU has shown itself to be manifestly incompetent in curbing the gross subsidies to state carriers on the part of some of our continental partners?
Yes, that has always been negotiated as a national matter and we believe that that is the right way to deal with it. Our concern is to secure the maximum benefits for United Kingdom passengers through increased choice and lower prices. We believe that negotiation by national Governments is the most appropriate way to achieve that. It is precisely in that way that we reached agreement this week with the United States on a further deal to liberalise our air services.
The Prime Minister will be aware that, during the past few days, many of his colleagues have been trumpeting achievements on employment, suggesting that it is lower in Britain than in most other European countries. Does he accept that examination of the statistics shows that that is eyewash? Does he also accept that many jobs in Britain are filled by people who are paid wages that no one else in Europe would accept?
I am afraid that I do not agree with the hon. Gentleman on any of his propositions. Not only is our employment pretty much the lowest in Europe, with the exception of Holland among the larger nations, on any basis that one cares to calculate, but the number of people in employment is growing. For example, if I look at the constituencies of hon. Members whose names are down to ask questions today I see that, from the peak, unemployment in Warwickshire, North is down 40 per cent. [Interruption.] I promise that the hon. Gentleman is not asking a planted question. Unemployment in Southampton, Itchen is down 25 per cent. and it is down 30 per cent. in Denton and Reddish and 24 per cent. in Sedgefield.
Q4.
To ask the Prime Minister if he will list his official engagements for Thursday 8 June. [25846]
I refer my hon. Friend to the reply I gave some moments ago.
Is my right hon. Friend aware that Labour councillors in Mid Glamorgan recently gave themselves an allowance increase of 388 per cent.? Does he agree that that is an incredibly selfish and greedy example of how Labour councils work? They whinge about other people's pay increases but, given the first opportunity, they have their snouts firmly in the trough, they put themselves first and stuff everyone they are supposed to represent.
I did indeed see those reports in the morning press and I would say to those councils and others that they also have a duty to remember that they are spending local taxpayers' money. If that is an example of new Labour in action, it seems to have no advantages whatsoever over old Labour.
Q5.
To ask the Prime Minister if he will list his official engagements for Thursday 8 June. [25847]
I refer the hon. Member to the reply I gave some moments ago.
The House of Commons Library has told me that, since 1979, unemployment is up more than 100 per cent. in north Warwickshire. If the Prime Minister and his Government come forward with pre-election tax cuts, will those not be bought at the price of underfunding schools and the police? In my county of Warwickshire, we are losing 172 teachers and more than 50 police officers. Are not undermining the police and damaging the educational opportunities of children in Warwickshire too high a price to pay for this Prime Minister who is seeking to save his political neck and that of this discredited Government?
I take it that that was—implicitly—a condemnation of the 388 per cent. increase in Labour councillors' allowances in Mid Glamorgan.
What about the Warwickshire 100 per cent. unemployment?
On the hon. Gentleman's first point, if the deputy leader of the Labour party would care to stop shouting—[Interruption.] The Labour party cannot have it both ways. Labour Members cannot criticise us week after week after week over alleged tax increases and then say that they would oppose tax reductions as well. They had better make up their mind whether they are in favour of high tax, low tax, no tax, or just taking every opportunity that they can on any issue to say whatever happens to be appropriate on the day for a cheap, short-term headline.
As for education and other matters, the hon. Member for Warwickshire, North (Mr. O'Brien) will have seen right the way through the period in office of this Government an increase in resources spent on the health service—a dramatic increase in the health service, another £1.3 billion this year, a huge increase in 1979 in real terms over and above inflation year after year after year after year. In education, it does not matter whether one looks at primary, secondary or further education. That is why in 1979 one in eight of our young adults were getting into university and these days it is pretty nearly one in three as a result of the changes that we have made and the increased resources that we have made availableBusiness Of The House
3.31 pm
May I ask the Leader of the House for details of future business?
The Lord President of the Council and Leader of the House of Commons (Mr. Tony Newton): The business for next week will be as follows: MONDAY 12 JuNE—Motion on the Northern Ireland (Emergency and Prevention of Terrorism Provisions) (Continuance) Order. Remaining stages of the Medical (Professional Performance) Bill. TUESDAY 13 JUNE—Opposition Day (13th allotted day). There will be a debate entitled "Insecurity in the Housing Market" on an Opposition motion. WEDNESDAY 14 JUNE—Until 2.30 pm there will be debates on the motion for the Adjournment of the House. Motion on the Parliamentary Constituencies (England) Order. THURSDAY 15 JUNE—Until 7 o'clock, motion on the Council Tax Limitation (England) (Maximum Amounts) Order. FRIDAY 16 JUNE—The House will not be sitting. The House will also wish to know that European Standing Committees will meet at 10.30 am to consider European Community documents. In the following week, I propose to provide for a further Opposition day on Monday 19 June. On Tuesday 20 June, I expect to take the Second Reading of the Mental Health (Patients in the Community) Bill [Lords], followed by remaining stages of the Town and Country Planning (Costs of Inquiries etc.) Bill. I anticipate taking Government business on Wednesday 21 and Thursday 22 June. Friday 23 June is a non-sitting day.[Tuesday 13 June:
European Standing Committee A—Relevant European Community documents: unnumbered, Fisheries: Integration of Spain and Portugal into the Common Fisheries Policy; Relevant European Legislation Committee Reports HC 70-xvii (1994–95).
Wednesday 14 June:
European Standing Committee B—Relevant European Community documents: unnumbered, Broad Economic Guidelines; Relevant European Legislation Committee Reports HC 70-xviii (1994–95).]
I thank the Leader of the House for that information and in particular for the fact that he has been able to give us more information with regard to the second week than on some occasions.
With reference to the new Select Committee that was established this week to implement the Nolan committee recommendations, will the Leader of the House confirm that he will do all in his power to ensure that that Committee gets under way as quickly as possible and is able to meet as frequently as is necessary to meet the Nolan timetable? The right hon. Gentleman will recall that I have been pressing him for information about when we can expect economic debates in Government time, not least so that we may discuss what the Financial Times calls the "economic slow-down". Can he give us any further information today about the progress that he is making in terms of fitting in those debates, which the House will be anxious to have? In view of the widespread public concern about the huge private profits from the running of the national lottery, will the Leader of the House arrange for an early debate on the matter, not least so that we can also discuss the impact of the lottery on charities, particularly medical charities? Will the Leader of the House also respond to the need to debate another issue of significant public concern, which was highlighted in the report on the private security industry by the Select Committee on Home Affairs, as there are now more private security employees than serving police officers and as not one witness before the Select Committee was opposed to statutory regulation of the industry? Surely we now need from the Government not a White Paper, but early action. If the Government do not intend to take early action, will the Leader of the House at least arrange a debate so that Parliament can prove that it is willing to tackle the problems created by the elements of the industry that appear to act as institutionalised protection racketeers? Will the Government give an assurance that they will stop obstructing or delaying the measures that the Select Committee recommended and which, clearly, the majority of hon. Members want to see put into place?On the last point, the Government have, as the hon. Lady knows, welcomed the helpful recommendations in the report by the Home Affairs Select Committee. Clearly, my right hon. and learned Friend the Home Secretary will seek to respond as soon as possible. I am not, however, in a position to say this afternoon exactly when and in what form that response will come.
I have two points to make about the lottery, while bearing the hon. Lady's request, as ever, much in mind. First, Camelot's bid to operate the lottery entailed a lower share of turnover for operating costs and profit than that of any other applicant for the licence. Secondly, part of the background to what the hon. Lady has said is that Camelot has made an astonishing success of the lottery, to the benefit of all the many good causes that will gain from it. Proceeding in reverse order with the hon. Lady's questions, I now refer to her request for economic debates before the summer recess. I am afraid to say that I am still not in a position to give definite dates, but I continue to be aware of and intend to fulfil the Government's undertakings on the matter. I shall give the hon. Lady further information as soon as I can. I think that everything I have said and done already shows my wish that the Select Committee dealing with the Nolan recommendations should proceed with all appropriate speed when its membership has been appointed.rose—
A number of hon. Members are standing. It may not be possible to call them all unless they put brisk questions. I ask for one question only, please, from now on and I am sure that the Leader of the House will give a brisk reply.
Can my right hon. Friend find time for an early debate on Short money—the money paid to the official Opposition? Why should taxpayers' money be used to flout equal opportunities legislation by means of women-only parliamentary candidate lists?
That is a very good question. I am tempted to invite the hon. Member for Dewsbury (Mrs. Taylor) to reply. No doubt she will bear my hon. Friend's question in mind.
The Leader of the House helpfully gave us as much information as possible about the week after next as well as next week; that is a helpful development. Does he appreciate that with the publication of the Donaldson report, "Safer Ships: Cleaner Seas", and the Government's response to it, there was considerable interest and concern on both sides of the House about marine safety? Will he now implement the promise of the former Secretary of State for Transport, when he brought the Donaldson report to the House, that we could debate the issue?
I shall certainly bear that request in mind, especially as I am grateful to the hon. Gentleman for the first part of his remarks. I regard it as my business always to be helpful.
Will my right hon. Friend look shortly to arranging a debate so that we can discuss the parliamentary year? Is he aware that it is absurd that, within the space of three weeks in November, we have 10 days' open debate, but that we then do not get a chance for Government-sponsored debates on many items of good news throughout the rest of the year? Rather than conceding always to Opposition Supply days, will he consider giving us some Government Supply days as well?
That is another very good suggestion, which I shall bear in mind. My hon. Friend may be aware that I was giving evidence to the Procedure Committee on some related matters yesterday.
Can the Leader of the House find time for an early debate on Britain's relationship with and future in the International Labour Organisation? He will be aware that this week there has been open warfare between the Foreign Office seeking to safeguard our integrity as an ILO member and the Employment Secretary and his Gayfere street epigone, who are acting to try to pull us out of the ILO. That is causing a great deal of cross-party concern, as is shown by early-day motion 1199.
[That this House, having regard to the role the United Kingdom played in founding the International Labour Organisation in 1919 and considering the ILO's long history of resisting totalitarian and authoritarian governments by advancing on a tri-partite and evolving basis measures to promote employment and social justice, welcomes the continuing contribution that British ministers, employers and trade unions make to the ILO's work; and would consider any threat to continuing British participation at the ILO to be in breach of the United Kingdom's treaty obligations and to the need for continuing dialogue at the global level on the issues currently on the ILO agenda.] Many hon. Members would like a debate to affirm Britain's continuing commitment to membership of the ILO, which we helped to found.
The hon. Gentleman has been misled. My right hon. Friends are in entire agreement that it is right that our membership of the ILO should be carefully evaluated, but no decision has been taken to withdraw.
Will the Leader of the House allow us an urgent early debate on the means by which we can bring to account the leadership of the London borough of Islington for the appalling events that have taken place in that Labour-controlled authority's social services department recently?
I can assure my hon. Friend that I shall give careful consideration to the possibility of such a debate, during which that and other comparable matters could be raised.
In view of the fact that the Prime Minister was unable to tell the House of the additional cost caused to people by having to take out insurance for their mortgages, the reports in today's press of the National Association of Citizens Advice Bureaux expressing concern and the statement by the chief executive of the Nationwide building society, will the Leader of the House make time for a debate on the insurance that individuals will have to take out to protect their mortgages?
I would observe that there is a debate on housing on an Opposition day next Tuesday, but I would also express surprise at the hon. Lady's nerve. On my hearing of the exchanges at Prime Minister's Question Time, by the time that it had finished, it was 40-love to my right hon. Friend and if a fourth question had been asked, it would have been game, set and match.
May I ask my right hon. Friend for a debate on local government in London? Is he aware that, apart from the scandals of Islington, we are told that there is corruption and racism in Hackney and that in Lambeth there is £70 million of uncollected rates, council tax and community charge at a time when that council says that it cannot afford decent services?
My answer to my hon. Friend the Member for Dartford (Mr. Dunn) applies also to my hon. Friend the Member for Hendon, South (Mr. Marshall).
Will the Leader of the House arrange for a debate in Government time next week on the total chaos of railway privatisation, which, in spite of the violent efforts of the present Government, will obviously be absolutely unworkable?
Were I to believe that the hon. Lady's suggestions were founded, I might well consider a debate, but I do not, so I shall not.
Will my right hon. Friend find time for an early debate on the state of the performing arts in Britain? Does he agree that such a debate would enable us to raise our continuing concerns about the discretionary grant regime for students of dance and drama and to pay tribute to one British genius, Sir Andrew Lloyd Webber, whose musicals bring pleasures to millions and massive revenues to the United Kingdom and who only this week won seven Tony awards in the United States for "Sunset Boulevard"?
I am happy to join in paying tribute to Sir Andrew Lloyd Webber and will bear in mind that request for a debate.
Can we be assured that the Select Committee that is considering the Nolan recommendations will seriously consider meeting and deliberating in public, in the same way as a Standing Committee of the House on legislation or regulatory matters does? It has always been the precedent in respect of privileges and Members' interests that it was necessary to meet in private only when the affairs of individual Members were being discussed, with a view to protecting that Member prior to the Committee finding. Can we have an assurance that that has not been ruled out, because my view is that the wider British public would like to hear the discussions that take place in the Committee?
As you will know, Madam Speaker, even if the hon. Gentleman does not, Select Committees have been given no power by the House to deliberate in public. The hon. Gentleman might like to bear in mind the fact that, although the Nolan committee took evidence in public, it certainly did not deliberate in public. Had it done so, I doubt that we would ever have seen a report at all.
May I ask my right hon. Friend for a debate next week on the costs of doctors in parallel practices—it seems that doctor A can spend three times as much as doctor B on a similar number of patients but with less effect—with a view to establishing the effectiveness of fundholding in extending services to patients at a sound cost?
My hon. Friend's question reveals one of the advantages of the new arrangements, in that they enable such questions to be raised. However, I cannot promise an immediate debate.
Will the Leader of the House ensure that the new Committee on Nolan's recommendations produces a report to be debated before the summer recess? Will he use his best offices to ensure that the report deals with the merits and demerits of proceeding by way of legislation rather than resolution of the House? Finally, will he use his very best offices to ensure that that Committee, unlike many of its predecessors, is not stuffed full of Conservatives with vested interests up to their eyeballs?
As the membership of the Committee has not yet been established, although its terms of reference have been agreed by the House, it would clearly be wrong and absurd for me to attempt to say this afternoon what the Committee will or will not do at any particular point in time.
Does my right hon. Friend agree that we must have a debate on social services in Islington? I stress the issue because I wonder whether he has read the appalling report about the children in Islington's care who have been subjected to gross sexual abuse. The leader of the council at the time and who was responsible is now the hon. Member for Barking (Ms Hodge). Does my right hon. Friend agree that she should apologise to the House and explain what went wrong?
As my hon. Friend will have heard, I have already said twice that I am sympathetic to the possibility of a debate in which such matters might be raised.
I should be grateful if the Leader of the House gave early consideration to a debate on today's announcement about the massive pay increase for the Director General of Gas Supply, Clare Spottiswoode. A number of hon. Members have already been approached by constituents who feel that it is a public affront. Could we have an early opportunity to articulate those matters in the House?
I note the hon. Lady's request, but point out that my right hon. Friend the President of the Board of Trade is due to be answering questions next Wednesday.
Will my right hon. Friend find time for a debate on what is going on in the Select Committee on Members' Interests, because it seems that some Opposition Members are failing to attend and do their duty, failing to consider the complaints made against the Leader of the Opposition and the deputy Leader of the Opposition and are acting on behalf of a newspaper in pursuing a libel action? A newspaper libelled an hon. Member, but Opposition Members seem to be supporting the newspaper in what should be a matter for the courts in due course. Does not my right hon. Friend consider that the statements by the hon. Member for Wallasey (Ms Eagle) in the press today are incorrect and should be condemned?
Any attempt to prevent Select Committees from undertaking proper inquiries that they have been asked to undertake or to go outside the proceedings of those Committees is something that I am sure the House wishes not to happen. Beyond that, I do not think that I am in a position to comment on what my hon. Friend said.
Will the Leader of the House give us time to debate those matters next week? The Committee is in a state of deadlock. The Labour members of that Committee have tried hard for five months to get it to look after its procedures, take account of precedent and do its duty, but have been stymied at every turn by the presence of a Government Whip, which has made it impossible for us to do our duty. In the end, we felt that we had to come out because we could not be party to a Conservative stitch-up on one of the most important issues facing the House this Session.
The hon. Lady has in fact confirmed what my hon. Friend the Member for Dover (Mr. Shaw) said, which was that she is blocking the work of a properly constituted Committee of the House.
My right hon. Friend will probably share my concern at the fact that more and more decisions affecting the lives of our fellow countrymen are made under treaty and royal prerogative. We should not be careless in considering those matters. Will he therefore undertake to give the House an opportunity to debate the progress made by the reflections group as it progresses towards the intergovernmental conference next year? It is important that we are given an opportunity to monitor that progress and to debate matters as they arise. We should do our level best to remove from people the frustration that they undoubtedly feel as a result of so many decisions being made by treaty rather than as a result of a vote in the House.
I would certainly anticipate that the House and Parliament will have a number of opportunities for relevant discussions on the matter. Meanwhile, my hon. Friend will be aware that the Minister of State, Foreign and Commonwealth Office, my hon. Friend the Member for Boothferry (Mr. Davis), gave evidence to the Select Committee on European Legislation this morning on one of the meetings earlier this week.
At long last, the Civil Rights (Disabled Persons) Bill has come out of Committee, despite considerable attempts by the Government—on a duly constituted Committee of the House—to stop the progress of the Bill. Will the Leader of the House provide an opportunity for Report and the remaining stages of the Bill—which is supported widely in the country, progressed to Committee following a 175 to nil vote in the House and has supporters from all political parties—to be considered, so that the Bill can progress to another place?
The hon. Gentleman has—not unreasonably—asked me almost exactly the same question on innumerable occasions. I am not in a position to add to what I said earlier.
Will my right hon. Friend find time for a debate on the amusement industry, which employs hundreds of people in my constituency and thousands throughout the country? Does he agree that such a debate would provide an opportunity for Labour Members to explain their curious policies towards the industry? Those policies were recently brought to my attention in a copy of a letter sent to the British Amusement Catering Trades Association—the trade association of the coin-operated amusement machine industry—by a senior Labour Member, former Cabinet Minister and adviser to the present Labour leader. The letter says:
Does my right hon. Friend agree that that is an extraordinary statement, and should not the House be told whether it properly reflects Labour policy?"I myself regard amusement arcades as wholly undesirable and nothing would give me more pleasure than for them to be taxed out of existence."
I can imagine that the statement would not be greeted with enthusiasm in the town that my hon. Friend represents. While I cannot promise a debate on the matter, it seems like a splendid subject for a Wednesday morning.
May we have a statement next week on the Government's attitude to the Scott inquiry, in view of the fact that not only has the inquiry itself been criticised by the Government and their supporters—if not too publicly—but the distinguished judge himself? The Government and their supporters are concerned about scandals for which the House has no responsibility. Why do not the Government concentrate on scandals for which they are responsible, such as selling arms to Iraq prior to the Gulf war? Why are they attacking the Scott inquiry and the judge?
The matter was raised with my right hon. Friend the Prime Minister on Tuesday. I thought that his answers were entirely straightforward and clear-cut, and I do not intend to add to them.
May I support the request by my hon. Friend the Member for Dover (Mr. Shaw) for a debate on the Select Committee on Members' Interests? What redress is available to members of that Committee when a newspaper—aided and abetted by a member of the Committee—makes a series of misrepresentations about the Committee, including that one member of the Committee was appointed to intervene in an inquiry, when in fact the member had been appointed long before the complaint was made and the inquiry begun?
The newspaper also stated that the Committee was not investigating one of the two allegations that was before it when it is doing so. Has not the hon. Member for Wallasey (Ms Eagle) attempted to discredit the Select Committee in conjunction with a newspaper that is itself a party to a libel action? Furthermore, given that, throughout its deliberations, the Committee's detailed proceedings have appeared in that newspaper bearing the interpretation that the hon. Member for Wallasey put on them, it is important that the House knows what the relationship is in that case. May we have a debate on it?As my hon. Friend will have heard, the hon. Member for Wallasey (Ms Eagle) has already confirmed that she, as it were, seeks to frustrate the work of the Committee. Perhaps she would care to confirm the rest of my hon. Friend's interpretation.
The Leader of the House will be aware of the case of my constituent, Private Lee Clegg; his case was reviewed by the Northern Ireland Life Sentence Review Board on Monday. Will he ask the Secretary of State for Northern Ireland to make a statement to the House on the recommendations of the Life Sentence Review Board to prevent any more anguish to Private Lee Clegg or his family, and to meet the great interest that the British public have shown in that case?
I shall certainly bring that request to the attention of my right hon. and learned Friend.
Looking at the next fortnight's business, will my right hon. Friend assure the House that he has left enough flexibility in the programme to allow for occasional statements, as they may be required, by Her Majesty's Government on the evolving situation in Bosnia? During the Falklands war, for example, either the Defence Secretary or the Foreign Secretary regularly came to the House to reassure hon. Members and, through them, the public at large. It will be necessary to inform hon. Members and to clarify the Government's policy, especially given that British lives are involved.
I cannot say that I have planned the business with a view to allowing for such statements, but the record will show that I have made provision for them whenever it has seemed to those of us at the Dispatch Box that they were required. I note my hon. Friend's concern.
In view of the record 44 per cent. increase in Northumbrian Water's profits, which was announced today, and the fact that it is the fifth water company to announce record increases in its profits one year after the price review that was supposed to keep prices for customers down, will the Leader of the House provide Government time for a debate on the total failure to offer customers value for money of last year's price review of the water and sewerage industry?
The hon. Lady might like to note that, over the next five years, the industry will share £90 million of the benefits of efficiency savings with its customers, which means £32.50 for each of its nearly 3 million customers.
Will my right hon. Friend consider having a debate on Britain's membership of the International Labour Organisation? Although that organisation has a budget of £177 million, of which Britain contributes £8 million, its only achievement seems to be that it is an international quango that allows trade unionists to go on freebies at the taxpayer's expense and is supported by the Labour party. Is it not high time that we withdrew from that organisation and the House had a chance to debate it?
I have already told the House that my right hon. Friends the Foreign Secretary and the Employment Secretary agree that our membership of the ILO should be carefully evaluated. They will no doubt take account of points such as those raised by my hon. Friend.
Following the public humiliation that the Government's rail privatisation suffered in the Court of Appeal in Scotland this week when they sought to circumvent section 27 of the Railways Act 1993, will the Leader of the House arrange for a debate on the chaos that has ensued from the Government's proposals with regard to the Fort William sleeper and other rail privatisation proposals?
The subject of that court action was not a privatised body but British Rail.
Will my right hon. Friend find time for a debate not on the Select Committee on Members' Interests but on whether we should establish another Committee of Privileges to look into the activities of some members of the Members' Interests Committee? Is it not a breach of privilege to divulge papers—
Order. The hon. Gentleman is alleging breach of privilege, which is a most serious accusation. As he knows, he must write to me if he wishes to allege any breach of privilege whatever by any Member of this House. He should now think about it carefully and rephrase his question or write to me.
May I ask my right hon. Friend to provide time for a debate, to discover whether we can establish a Committee to investigate those matters?
As you will know, Madam Speaker, you have already referred a number of matters to the Committee of Privileges, of which I have the privilege of being the Chairman. Were you to ask us to do something else, no doubt we would.
There are fresh signs that the United Kingdom economy may follow the United States economy in slowing down. The Central Statistical Office forecasts show a fall for the 10th month in a row, which suggests that the economy may be faltering
We can read. Mr. Touhig: Fine; I will read. Hon. Members: Reading.
Order. Let me give a little guidance to the hon. Gentleman. The purpose of business questions is to ask the Leader of the House for a debate. One begins by saying that, then one has two lines on why one needs that debate.
One line.
One line, or not more than two lines.
I appreciate your guidance, Madam Speaker. Thank you very much. There are further signs that house building is decreasing again, compared with the previous quarter. Does the Leader of the House recognize—[Interruption.] I am coming to the end. Does the Leader of the House recognise that his answer to my hon. Friend the shadow Leader of the House—[Interruption.]
Order. I do not think that the hon. Gentleman has understood. If a debate is sought next week, the Member begins by asking for a debate next week because of a particular situation, and thereafter paraphrases what the problem is and why the debate must take place. He is not in an argument with the Leader of the House. He is asking the Leader of the House for a debate.
I appreciate your guidance, Madam Speaker. I shall certainly learn from your guiding hand. My point is that the Leader of the House should urgently arrange a debate on the economy so that the House—
Well done.
I would have got there in the end, Madam Speaker. The right hon. Gentleman should arrange that so that the House may debate the appalling mess that the economy is in as a result of the Government's actions.
I think that the hon. Gentleman was trying to pick an argument with the Leader of the House, and he very nearly succeeded, except that I can draw attention to the fact that I have already provided, at the request of Her Majesty's Opposition, for a debate about housing next Tuesday.
May we have a debate next week about the problems of paedophiles travelling overseas and committing offences against children in other countries? Will we be able to give time to the Bill that is currently in the House of Lords and consider the possibility of prosecuting people? My right hon. Friend will know that the all-party street children group is preparing reports on those matters, and that there is serious worry about such matters internationally.
I am of course aware of those reports, and I am sure that they will be carefully considered, as will what my hon. Friend has said, by my right hon. and learned Friend the Home Secretary.
Points Of Order
4.2 pm
On a point of order, Madam Speaker. Yesterday, during Question Time, the Minister of State, Foreign and Commonwealth Office, the right hon. and learned Member for Grantham (Mr. Hogg), was asked about the withdrawal of the United Kingdom from the International Labour Organisation. In response, he said that, on the previous, day answers had been given to questions tabled by the hon. Member for Rutland and Melton (Mr. Duncan) on precisely that matter. He commended those replies, which, he said
In fact, those questions did not appear in Hansard until today. In columns 94 and 95 there is a series of questions about the ILO, but not one of them mentions Britain's continued membership. We know that there is a split between the Department of Employment and the Foreign Office on that matter, and I understand that it may well be that the Minister of State had been given draft replies that were not eventually printed in Hansard. Nevertheless, the position is that the House has been misled about that matter. The House does not know where matters stand with respect to withdrawal or otherwise from the ILO. Is it in your power now, Madam Speaker, to ask that the Minister of State come to the House to answer a direct question and to clarify the position, so that no longer will the House have been misled in that way?"make the position and the commitment of the United Kingdom Government quite clear."—[Official Report, 7 June 1995; Vol. 261, c. 210.]
I am sure that the hon. Gentleman is not suggesting that the House has been misled deliberately; perhaps there has been some misunderstanding. I do not have the questions in front of me, so I cannot comment upon them in any detail—nor would I do so across the Floor of the House. The Government have not told me that they are seeking to make a statement about the matter. However, judging from what the hon. Gentleman has said, it seems that it should be cleared up. Hon. Members on the Treasury Bench have heard this exchange and I hope that they will clear up the matter at the earliest opportunity so that we may all understand the position.
On a point of order, Madam Speaker. During business questions a number of hon. Members heard the hon. Member for Hertsmere (Mr. Clappison) accuse my hon. Friend the Member for Wallasey (Ms Eagle) of disclosing evidence and other business that had been before the Select Committee on Members' Interests. That is clearly a very serious accusation, with which the Leader of the House adroitly avoided associating himself directly—although he said that my hon. Friend's earlier comments tended to reinforce the accusation made by the hon. Member for Hertsmere. In those circumstances, I ask you to invite the hon. Member for Hertsmere to withdraw his accusation. That would be warmly welcomed not only by my hon. Friend but by all hon. Members.
I have no authority in those matters, but I remind all hon. Members—particularly those who are present in the Chamber—that we enjoy a great deal of privilege as to what we are able to say in this place. However, that privilege must be matched by responsibility. A number of hon. Members accept the privileges that they are afforded on these green Benches, but they do not accept the responsibility that goes with that. I hope that I will hear no more about these matters now.
On a point of order, Madam Speaker. I seek your guidance and clarification about a number of matters—
Order. Is it a point of order? It cannot be a matter of argument.
rose—
Order. The hon. Lady will resume her seat. She is not so accustomed to our procedures in this place. My door is always open to hon. Members who seek my guidance about matters so that they may follow the correct procedures. If the hon. Lady wishes to raise a point of order that I can deal with immediately from the Chair, I shall do so. If she is seeking my guidance about several matters, she must come to see me.
It is a point of order, Madam Speaker. Unlike the hon. Member for Sutton and Cheam (Lady Olga Maitland), I have informed her of my intention to raise this matter. The hon. Lady failed to give me notice of the matter that she raised previously and I seek your clarification, Madam Speaker, as to whether I shall have an opportunity to make a statement in the House, so that I may correct some of the gross inaccuracies voiced by Conservative Members. Is there a mechanism by which I can protect myself from the misleading and erroneous accusations made by Conservative Members?
Further to that point of order, Madam Speaker.
Order. I will have no more points of order on this; I am dealing with the matter raised by the hon. Member for Barking (Ms Hodge). The hon. Lady, whether or not she was in the Chamber, should have been informed if her name was to be used in the House. So far as a personal statement is concerned, if the hon. Lady comes to see me, I shall do my best to advise her so that she may protect her own interests in these matters.
Further to that point of order, Madam Speaker.
Order. There will be no further points of order on the subject once I have dealt with the point of order. It must be a different point of order.
On a point of order, Madam Speaker. You will have heard the Leader of the House say that Select Committees of the House of Commons cannot deliberate in public. Will you clarify that my interpretation of the rules is correct and that his is wrong? I believe that a Select Committee can decide itself whether it wishes to deliberate in public.
Let me be absolutely precise: it is the practice for Select Committees to deliberate in private. However, that is not laid down in any of the Standing Orders of the House. We shall now proceed to today's business.
Select Committee Papers (Disclosure)
Before I call a signatory to the motion to move it, I must make an important statement about the scope and the character of the debate. The motion is closely connected to a criminal trial that is now before the courts. As a result, anything beyond the most incidental references to the substance of the charges will not be permitted. The defendants are standing trial in the Central Criminal court. The Chair will be rigorous in ensuring that they are not also tried in the House.
Debate must be restricted to the advisability or otherwise of making certain documents available to the trial judge, as the hon. Member for Wantage (Mr. Jackson) requests in his motion. We in the House expect the courts to respect the proper role of Parliament. We, in turn, should respect their proper role and I look to all right hon. and hon. Members contributing to the debate to pay scrupulous heed to that principle.4.9 pm
I beg to move,
That this House orders that certain evidence and related material of the Select Committee on Social Security in the present and in the previous Parliament which has not been reported to the House and not been published shall be produced to the honourable Mr. Justice Phillips at the Central Criminal Court in connection with the proceedings against Mr. Kevin Francis Herbert Maxwell and others on charges relating to conspiracy to defraud: viz. (1) records and transcripts of any evidence given and recorded orally in private session of those Committees in the course of their investigations into the operation of pension fund law, and into the affairs of pension funds connected with companies associated with the late Robert Maxwell MC, (2) any documents produced in such private session of those Committees, (3) correspondence between the Serious Fraud Office and those Committees or the Chairman or any person acting on behalf of those Committees and (4) such notes of any meetings including telephone calls between the Serious Fraud Office and those Committees arising from, or connected with, Committee investigations into the operation of the pension funds referred to in 1992 and 1993 that may have been taken; so that he may decide if all or part of the evidence should under normal common law principles be disclosed to the parties in the trial and, if he so decides, the Court shall be permitted to make such reference as if that evidence and related material or any part thereof were included within the terms of the Resolution of this House of 31st October 1980 (References in Court to Official Report of Debates and Reports of Committees). I am most grateful to the House, and in particular to my hon. Friend the Treasurer of Her Majesty's Household for making the debate possible. I intend to speak only briefly, but the brevity of my speech will not be commensurate with the importance of the issues that are raised by the resolution that I am proposing and by the petition that lies behind it, which I presented to the House a month ago. As you have just pointed out, Madam Speaker, the Maxwell trial is now taking place. Mr. Kevin Maxwell, one of the Maxwell brothers, is a constituent of mine. When he came to see me about the matter we are about to debate, I concluded that it was my duty to assist him because I am his Member of Parliament and because he puts to me and to Parliament a question which merits a considered and reasoned answer. The issue is as follows: it is a clear principle of common law that the prosecution must disclose to the defence all documents which might conceivably be helpful to it. That obligation has been found by the courts, in the words of the most recent case—Regina v. Judith Ward 1992—to extend to all those associated with the prosecution. According to the judgment in that case, that duty falls upon all those who form part ofSo we have on one side a principle of common law. It is an important principle because it bears on the question of the subject's entitlement to a fair trial, which is one of the fundamental duties of the state and all who form part of the state to secure. On the other hand, however, we have the principle of parliamentary privilege. The precise point of privilege at issue in this matter is expressed in article 9 of the Bill of Rights 1689, one of the fundamental charters of our system of parliamentary government. The article declares "that the freedom of speech and debate or proceedings in Parliament ought not to be impeached or questioned in any court or place outside of Parliament" I do not know whether the framers of the Bill of Rights could have had it in mind in that article that evidence bearing on a criminal trial given in camera to a Select Committee should not be made available, in conformity with common law, to the defence."the total apparatus of the State".
My hon. Friend will know that I am a member of the Select Committee. He will appreciate that one is limited in what one can say and that one may not make all the points that one would like, since the trial is taking place. Why are we now, in June 1995, asking about the release of documents and papers that were before the Select Committee in 1993? Surely they could have been dealt with in 1994 and should have been dealt with well before the trial started, so that we would not be limited in what we can say in Parliament.
I have not made it my business to inquire into the long and complicated back story that lies behind Kevin Maxwell's approach to me, but I understand there was a long period of discussion and negotiation between the Maxwell lawyers and those connected with the Select Committee concerning the matter. That may well be the answer to my hon. Friend.
Is there not a far more important issue? If witnesses to a Select Committee for one moment believe that it is remotely possible that papers that they hand to that Select Committee may, at some remote stage in future, be handed over to a judge in a court, might it not inhibit them when they submit their original evidence? If we followed the hon. Gentleman's route, might it not have an effect on the ability of witnesses to speak freely in private before Select Committees or to submit evidence on the basis that it remained confidential to the Committees?
The hon. Gentleman appears to be making his contribution to the debate; I hope that he will speak at greater length later. My function at this stage is to put the resolution before the House and to explain why I am doing so. The hon. Gentleman's point is perfectly fair—it is one for the House to consider. Meanwhile I am simply trying to put the issue before the House so that it can consider it.
There is a conflict between what common law holds about disclosure of documents to the defence and what the Bill of Rights holds in respect of parliamentary privilege. I understand that the article that I have quoted from the Bill of Rights has been the subject of strict interpretation by the courts in modern times—to such an extent that the courts will not order a party to hand over documents relating to parliamentary proceedings. This, therefore, is how I see the issue. On the one hand there is common law, and the right of defendants to a fair trial. On the other hand, there is the privilege of Parliament, a body which certainly forms part of the total apparatus of the state, upon which the most recent case reaffirms the duty of disclosure to the defence. Is there a way through the dilemma? Mr. Kevin Maxwell's petition, to which my resolution seeks to give effect, indicates such a path. It respectfully asks the House to waive its parliamentary privilege in this matter on this occasion. I should add that the resolution suggests that the documents be disclosed to the judge, not to the defence directly. That is intended as a courtesy to Parliament. I do not know what transpired in the private sessions of the Social Security Select Committee in relation to its work on the Maxwell pensions affair; nor do the Maxwell brothers and their lawyers. All that is on the public record is the fact that Neil Cooper, the liquidator of Bishopsgate Investment Management Ltd., the main Maxwell pension company, had a private session with the Committee on 27 October 1992. That is known, because the Chairman of the Committee, the hon. Member for Birkenhead (Mr. Field), has referred to it in open session. But I have not considered it my business to inquire into the proceedings of the Select Committee or into the motives of my constituent and his brother for seeking access to this material. It seems to me that such questions are irrelevant to the issue that my resolution puts before the House. There is at the moment an important inquiry proceeding under the presidency of Lord Justice Scott in relation to the Matrix Churchill affair. I put it to the House that there is an analogy between our position today and the position of the Ministers into whose conduct in relation to Matrix Churchill Lord Justice Scott is inquiring. When those Ministers were asked to sign public interest immunity certificates, the issue before them concerned the privilege of the Executive and its protection in relation to the obligation to disclose documents to the defence. Today we are being asked whether we wish to sign a sort of parliamentary public immunity certificate, in order to protect parliamentary privilege in an exactly analogous case. It was, I believe, a difficult and weighty decision for my right hon. Friends, the Ministers whose decisions are now being inquired into. It is a weighty and difficult decision for us today. In both cases the public are entitled to expect that reasoned consideration will be given to the issues. I would add that the public would expect us, in our deliberations, to give great weight to the interest of the subject in making good his entitlement to a fair trial. The onus probandi must lie with those who wish to secure the protection of privilege over against the natural and common law entitlement of a defendant in a criminal trial to have sight of material that may be relevant to his defence.4.18 pm
I am slightly puzzled by the speech of the hon. Member for Wantage (Mr. Jackson). I thought that, as well as telling us what the petition states, which we can read in the Order Paper, he would present arguments on why we should put aside our privilege to make certain information available. The only argument that he advanced was one of analogy, saying that we are in similar position, as a Select Committee and a House, as Ministers are in the Matrix Churchill affair. Surely there is a real difference between the two situations.
When certificates were signed in the Matrix Churchill affair, Ministers had to consider whether innocent people might go to prison. The hon. Gentleman will understand when I have finished presenting a review of the evidence that was presented to a Select Committee that that Committee was never in such a position. In a sense, in not trying to persuade us by argument to set aside the privileges which we for particular reasons have been given, the hon. Gentleman makes my task somewhat easier. As we are dealing with a dreadfully serious matter involving the rights and possible liberties of individuals and the role of the House in trying to protect the rights and privileges of people in general, the Select Committee on Social Security met to review how it had proceeded and the nature of the evidence that would be made available if the petition were granted. We, the Committee, went carefully through that evidence. I shall take the House through it in a moment. The whole Committee concluded that, while it could not know what the hon. Gentleman would say in an attempt to persuade the House to agree to his petition, unless he produced compelling arguments that our privileges should be put on one side, we should not agree to the petition. There are four sets of evidence which the petition, cast as it is in the most general terms rather than specific, would cover. They are the transcripts of evidence given in private and not reported to the House, documents produced in those private evidence sessions and not reported to the House, correspondence between the Select Committee and the Serious Fraud Office and, lastly, notes of private meetings and telephone calls between representatives of the Committee and the SFO. As for that last set, no evidence remains. If notes were kept of telephone conversations, they were destroyed quickly afterwards. We are dealing with a substantial amount of evidence in three sets. Over five sessions, the Select Committee took evidence from the following sources in private. Bar one, that was followed by public evidence. We did not go into public evidence after we had met the SFO. On 23 September 1992, in private session, we spoke with Arthur Andersen and Co. and Allen and Overy. On 27 October, we met Robson Rhodes and Stephenson Harwood. On 28 January 1993, we met the SFO. On 27 April, we met Clay and Partners and three groups of people representing the different trustees of the various pension schemes. On 4 May, we met Robson Rhodes and Stephenson Harwood. It is important for the House to know that practically all the evidence and conversations that we had were about the recovery of funds—in other words, how is it going, what is the global total so far recovered, how much effort has been put into recovery, how many hours, by whom and what has been the cost? If I could be certain of my memory, I would say that we discussed no other issues.Could I confirm the hon. Gentleman's recollection that the primary purpose of our discussions in private was to look after the interests of pensioners and to try to ensure that any actions that they may want to bring in their own civil court cases will not be harmed in any way, and that we were not interested in any matters that might have an impact on criminal charges? We wanted to ensure that the pensioners get a good outcome, and wanted also to do our duty to the House of Commons and complete a report on the operation of pension funds.
That was a helpful intervention. I shall not respond to it now, because, for the first time ever speaking in the House, I actually have a brief, and I wish to keep to it because the matter is so important. The hon. Gentleman will realise, I hope, by the end of my contribution, that I more than underline the point that he has just made.
It is important for the House to know how the individuals and companies that came before the Committee feel in the circumstances, as we asked them to come and talk to us in private session. Again, I emphasise that it was not about criminal trials or anything of that kind, but about the recovery of funds, how those individuals and companies were going about their task, how quickly they thought that they would complete their task, and what the cost of that recovery would be. Indeed, one has only to go to the Library to see from the newspaper cuttings that that was how the public side of our proceedings were reported. Let me outline how those individuals and companies would feel, should we wish to recommend to the House that we break our word that they could come and speak in confidence to us. First, Arthur Andersen and Co. wrote to the Committee on 22 May this year and said that the evidence had been given in confidence for it contained comments on its strategy and approach to the Maxwell investigation and referred to potential litigation that the private group of companies was considering commencing. In other words, it was prepared to share with us how it was going to use the law against people whom it thought were wrongly holding assets that should be returned. Mr. Talbot of Arthur Andersen and Co. went on to tell the Committee, and thereby the House:Mr. Talbot added that, given the lapse in time, he would not lose a great deal of sleep if the evidence was now made public; although he obviously would have had a different view if it had been made public earlier. Secondly, we had representatives from Robson Rhodes and Stephenson Harwood, referring to the liquidation of BIM—Bishopsgate Investment Management. A letter from Mr. John Fordham of Stephenson Harwood to our Committee, on 16 May 1995, makes it clear that the primary concern of witnesses was that"I would very much prefer for this evidence not to be placed in the public domain and in any event it does seem to me that agreement as to confidentiality of this nature should be respected."
The representative of Stephenson Harwood told the Committee that its clients"nothing at all should be done that would prejudice recovery of assets and monies for the Maxwell pensioners."
criminal"do not consider that any of the material under consideration could be relevant to the"
Stephenson Harwood goes on to raise the point that this is not merely about whether we should respect confidentiality but rather what would it mean to court-appointed officials and holders of office if we are prepared to break our word about confidentiality. The third group of people who came before the Committee were representatives of trustees of the different Maxwell pension funds: those, in a sense, who were in the firing line—on the one hand wishing to see funds restored and on the other trying to reassure pensioners and potential pensioners that at the end of the day the funds would be there to continue to pay current pensions or future pensions. All those groups of trustees have written expressing concern about the disclosure of any of the information that they gave to us about their concerns in private sessions. One goes on to suggest that a current issue is involved, in that we collected evidence in private from them about how they were responding to Sir John Cuckney's efforts to secure a global settlement to restore funds. The trustees emphasise that civil claims that they might or might not have made were discussed, and that, as part of the global settlement, they have put aside any future legal action for the recovery of funds. They now fear that an agreement that they considered themselves to have made—both in talking to us, and in the form of a bargain struck in private—could be undone. The last organisation to come before the Committee, on 28 January 1993, was the Serious Fraud Office. We referred to the hearing in our second special report to the House during the 1992–93 Session. The special report stated that the Committee had received representations from the Serious Fraud Office, and that the witnesses who would be called to give evidence to the Committee would also be witnesses in the criminal proceedings. The Serious Fraud Office believed that the evidence of those witnesses before the Committee and in the criminal proceedings was likely to be the same. In the light of what it had been told by the Serious Fraud Office, the Committee then reported to the House: "we believe that it is right…not to examine any of the witnesses who are going to be called to give evidence in the impending criminal and civil proceedings. We are therefore postponing examination of witnesses who have given evidence to the Serious Fraud Office for that impending trials". We discussed whether we should continue our inquiry in private, or whether the inquiry should cease. I remember the conversation vividly: it reminds me of John Henry Newman's remark about historians who endlessly debated the way in which someone wore a hat on a particular day, and what significance should be attached to the wearing of a hat at a certain angle. My hon. Friend the Member for Islington, North (Mr. Corbyn) said that if we continued our inquiry into what had happened to the funds and their recovery, even if we did so in private, people whose business it was to make mischief would try to interpret what we had done in a certain way, and try to induce members of the Committee to hint at what our activities might have been; and all our proceedings would be misrepresented. With that in mind, we reported in our second special report in 1992 our belief that to adopt the private session approach"charges or the defence of them."
We went on to report publicly to the House:"would leave the inquiry open to rumour and speculation, some of it possibly deliberately contrived in order to suggest that the Committee was conducting itself in a way which could affect the legal proceedings."
"The Committee has already taken note of publicity from other sources which it believes has been intended to influence those proceedings, favourably to the defendants."
All of us—at any rate, all Opposition Members—are on a free vote. Whether we support the motion, however, will depend on a question that will be very much in our minds: will refusing to release the papers in any way harm the defendants who now face criminal charges? Did not the hon. Member for Wantage (Mr. Jackson) have a responsibility to persuade us that they would be so harmed? In my view, he did not do so.
Unless we are virtually convinced that not releasing the papers would make the proceedings against the defendants unfair, we should not break a convention on which the House has agreed over many years.I am grateful for that intervention because it underscores my first point, which was that, when Committee members considered their collective approach—although, of course, how it behaves is up to the House—we did not know how the hon. Member for Wantage would introduce his motion and the new evidence that he might have to persuade us that our view was wrong. On the evidence that we had, however, we thought it wrong that the papers should be disclosed, and the hon. Gentleman has not produced evidence to persuade us—or at least me—to the contrary.
If one just read what is on the Order Paper and in the petition, one could be forgiven for thinking that the Select Committee, in going about its business, collected evidence that was not only relevant to the trial but could prevent a fair trial. I wish to emphasise that we ceased our inquiry. We could have continued, been pig-headed and stood on our rights, but we decided not to do any of those things because we did not wish the House to be put in the position in which it finds itself today. In discussing the range and nature of the evidence that the Committee has taken in private, I hope that I have shown that it involved the recovery of funds and the cost of the recovery of funds; it was not mere speculation on who might have done what, when and how. The House must consider the merits of the petition. Has a case been made that we should set aside the House's long-established privilege, not to make us important, but collectively to protect our constituents as we go about our duties—a privilege given to us under the Bill of Rights? On that count, we have not had a case put forward. Again, it is of course important for to us remember that the Select Committee in a sense tore up its inquiry and began other activities— important but lesser work than we might have undertaken had we not been mindful of the trial. I conclude on a note of caution. There are two issues here. There is the immediate one— the trial that is taking place. Secondly, this might be the first of a series of such petitions before the House. People in court may increasingly ask us to put aside our privilege. I therefore hope that the House will decide not to grant or compel the Select Committee to give up the evidence. No case has yet been put forward for us to do so. We should be mindful of the fact that the House does not want to put itself in a position whereby, even to the slightest extent, as my hon. Friend the Member for Walsall, North (Mr. Winnick) said, it could prevent a fair trial from taking place in other circumstances. There may be an issue here for the Committee of Privileges to consider in the generality of things, not specifically tied to the petition. I hope that I have managed to give the House some idea of the range of meetings that the Committee had, which were in private, the evidence that we collected, and the people to whom we spoke. I hope that I have given a clear idea of how individuals will feel if the promise that we gave them in good faith— that their evidence was in confidence— has to be broken. I hope that the House notes that, because Committee members in no way ever wished to be in the position in which they find themselves today, they ceased their original inquiry; we did not want in any way to collect evidence that was relevant to anyone's trial, should a trial take place in the future. I hope that the House also notes that the petition raises a serious point about the liberties of individual subjects, which has to be matched against the liberties of all our constituents and that that may be an issue that the Select Committee on Procedure will want to study. Despite his noble attempts, however, I do not believe that the hon. Member for Wantage has persuaded me that we should break the confidence that we gave those people in the 1992 and 1993 Sessions and set aside that evidence, taken in private, and make it public.4.39 pm
I had wondered whether to wait until after my right hon. Friend the Member for Worthing (Sir T. Higgins) had addressed the House, but it may help if I make a short intervention at this stage.
Naturally, the House is anxious to protect the ability of its Select Committees to take evidence in private and to preserve that confidentiality, for the good reasons that the hon. Member for Birkenhead (Mr. Field), as Chairman of the Select Committee on Social Security, carefully and clearly expressed— reasons on which hon. Members on both sides of the House are likely to expand in this debate, including, in due course, my right hon. Friend the Leader of the House and my right hon. Friend the Member for Worthing, as Chairman of the Select Committee on Liaison. I have had some discussions with the hon. Member for Birkenhead and my right hon. Friend the Member for Worthing to consider how to approach this matter. The position is not easy for the House, because the issues raised are on the borderline between the role of the House and the role of the courts within our constitution. Traditionally, as Madam Speaker said before the debate, each has rightly remained very careful not to trespass on the role of the other and to exercise great care and discretion in finding the right solutions to problems that fall on the borderline between their respective roles. The House is properly jealous of its privileges, but I doubt—this is already clear from interventions in the debate—that it would want to withhold from the courts material that, if it existed, might show that an accused person was innocent, or would be so likely to be relevant to the issues in a criminal trial that, in the interests of justice, it was necessary that it be disclosed. I have given the matter much thought and had private consultations with others, the House authorities and my right hon. Friend the Leader of the House about how such difficult questions might be handled. The dilemma is in part that, while the House knows very well why the confidentiality of such material should be protected, it is conscious that its knowledge of the details of any court case will inevitably be limited and it is not, therefore, well placed to know how far particular evidence or documentation might be material to any trial. Before the House accedes to such a petition as this, it can reasonably expect a substantial case as to the likely materiality of anything in its possession to be put forward on behalf of the petitioner—here, I am picking up on the argument that the hon. Member for Birkenhead has already advanced.Since there seems to have been some criticism on that point, may I say that my purpose is to raise the issue and not to advocate any particular view of it? Indeed, it would be difficult to do so, as none of us, apart from members of the Select Committee, knows what was said in evidence.
May I respond to my hon. Friend by reading the very next sentence of my speech? First, I must congratulate him on the petition and on raising a very important matter for the House and the liberty of the subject. The House can reasonably expect a substantial case to be put on behalf of a petitioner, but it must also be mindful of the fact—this meets my hon. Friend's point—that a petitioner is unlikely to be well placed initially to make his case, since he will have little or no knowledge of what confidential material the Committee may hold.
The Chairman of the Select Committee has outlined the broad nature of the confidential material in the possession of the Select Committee, which has been of immense help to the House and to the solution of this problem. Such indication as he has thought right to give might be sufficient in itself to show the parties to this litigation that little or none of it is likely to have any materiality, but I am seeking to guide the House on a broader basis than any individual case. In another case where such procedure is followed, the material may assist it to put forward some properly reasoned argument as to why the House should accede to a petition in a particular case.I intervene simply because, while Mr. Kevin Maxwell is a constituent of the hon. Member for Wantage (Mr. Jackson), Mr. Ian Maxwell is my constituent, so I have been following the progress of this matter with some care and attention.
The Attorney-General seems to be spelling out clearly the difficulty facing us—we have to balance the need for natural justice to be done in any instance against the important procedures and rights of Select Committees. Does he intend to deal with the matters that my hon. Friend the Member for Birkenhead (Mr. Field), as Chairman of the Select Committee, raised in his closing remarks? He suggested that perhaps the Select Committee on Privileges, or some other body in this House, should consider the general procedures that should be put in place for future occasions of this type.The fact that the hon. Gentleman is present this afternoon to represent the interests of his constituent in his difficult situation reinforces how seriously the House takes such a matter. I am not minded to go into detail about whether it would be wise to refer the matter to the Privileges Committee at this stage. I simply intended to sketch a possible course of action that the House might approach. My having suggested it might or might not commend it as something that the Privileges Committee might consider at some stage. I am not sure that we have reached that stage and I am not rushing to urge the House to pass the matter off to that Committee at this stage.
As I understand it, my right hon. and learned Friend is saying whether the confidential information should be revealed—which, as we all recognise, raises important questions for Select Committees. Even if such information were revealed, would we not still run into the problem with article 9 of the Bill of Rights, which is that the proceedings of this House cannot be called into question? From time to time, courts deal with matters of fact, but cannot call into question matters that are proceedings in this House. The fact that the information is revealed does not seem to get the defendants in this case much further forward.
The answer to the question that my right hon Friend quite properly asks is that it might or it might not. For example, if it raised a matter that led to anything said by hon. Members being called into question, of course it would run firmly in contravention of article 9 of the Bill of Rights; but some documentation or information might simply point, quite silently, to the existence of some other witness who might be able to throw light on some aspect of the case that no one realised had existed. Nothing would need to be said, but that information might nevertheless be of significance.
I give that example not to suggest that it happens or is likely to happen in the present case—I cannot possibly know—but to show that there could be value in allowing the judge, and possibly the parties, to look at such documentation without anything ever having to be discussed. So my answer to my right hon. Friend is that it might or it might not. The House needs to reflect on what should happen if we were to reach the stage that a properly reasoned case could be and had been put before the House. One option open to the House might be to direct that the material be passed to the trial judge, who would be invited—if he were willing to do so—to read the documents and advise the House whether, in his opinion, it was necessary in the interests of justice that all or any of them be disclosed to the parties, and, if so, to give some indication of reasons why. I emphasise that the House could then reconsider the matter on the basis of the best information reasonably obtainable—in other words, the view of the judge—and itself decide whether to allow the material to be disclosed to the parties through the judge for use at the trial.Does not my right hon. and learned Friend understand that if we were to do what he suggests, we would be inviting witnesses to appear before Select Committees to give evidence, saying that of course it would be confidential except, if it came up subsequently, a judge may be asked to decide whether the material would be disclosed, in which case it would no longer be confidential? The mere suggestion of that happening is bound to inhibit the work of Select Committees. My right hon. and learned Friend must realise the dangers of what he is proposing.
I recognise what my right hon. Friend says. I recognise the importance of the matter. It is not unique to the problems of the House. My hon. Friend the Member for Wantage sought to draw a parallel between the confidentiality that can apply in cases where the system of public interest immunity certificates is used, which, as the House but not everyone remembers, was created by the common law judges and about which I know a certain amount.
A purer parallel is between the motion and the system in the courts of asking for a witness summons—for a witness to come to court and bring documents: a sub poena duces tecum.rose—
I will give way in a moment.
That is not available because the courts would not issue a sub poena duces tecum to the hon. Member for Birkenhead, the Chairman of the Select Committee, or to an Officer of this House, because the courts would be extremely careful to do no such thing. The proper way in which anyone should approach the House is, as my hon. Friend the Member for Wantage has done, by means of petition, so that the matter can be considered by the House as we are this afternoon. But, having said that, if one goes back to the sort of parallel of cases where a public interest immunity certificate is necessary, one is balancing interests in matters of confidentiality and secrecy, sometimes of the highest importance and matters of life and death, against what needs to be done in a court. So, while I fully respect and sympathise with the points that I know will be put most forcefully by my right hon. Friend the Member for Worthing, I do not believe that the position of the House is utterly unique. We are faced, as are others whether they are dealing with matters of national security or commercial confidentiality, with what in the end has to be a careful balancing act. I do not think that we have reached the balancing stage yet, but the principles are not fundamentally different.What precedent can the Attorney-General point to when Parliament has, in effect, handed over documents to the courts?
I do not think that I can. To some extent, we are treading new ground. I have discussed that matter with the House authorities and the Clerks. I may be forgetting something, but I do not think that there is any precedent.
indicated assent.
I am grateful to see that my view is supported by the hon. Member for Birkenhead. We are thinking carefully and treading new ground.
The House, having, if it thought fit because a sufficient case had been put to it, vouchsafed the documents and information in confidence to the judge and having received a report from the judge with such reasons as the judge thought proper, could reconsider the matter on the basis of the best information reasonably obtainable. It could then decide—it is right that the House should decide—whether to allow the material to be disclosed to the parties for use at the trial. I recognise even more forcefully than when I wrote these words that the House is anxious about these matters and fearful that it may be letting a genie out of the bottle if it takes even such a cautious course as I am considering. I suggest that that should not be the case. The process would be triggered only if the House were persuaded in the first instance that the petitioner had made a prima facie case as to relevance. Having sought the assistance of the judge in the way that I have described—assuming that he would be prepared to give it—the House would take the ultimate decisions on his advice. The control over the documents would remain at all stages with the House. I hope that it will be of some comfort to my right hon. Friend the Member for Worthing that we have not yet reached that stage, because, for reasons that I have recognised, the House has not at present received any reasoned case—I make no criticism of my hon. Friend the Member for Wantage, as he could not do so—for the petition being acceded to. At this stage, it is understandable that the House may be reluctant to accede to the petition. I am not encouraging anything further in this case—I am certainly not encouraging anything in the nature of a fishing expedition—but there may arise in future, possibly in this case and possibly in other cases, a need to consider the matter more deeply. The route that I have sketched might provide a possible way forward should it be required.4.55 pm
I am not seeking to wind up the debate; this is not the kind of debate which calls for a conventional process. The Leader of the House will make the winding-up speech.
We are grateful to the Attorney-General for what he has just said and the care with which he said it, but I depart from his words in one respect: I think that the procedures of the House of Commons are unique within the framework of our state. Therefore, it is difficult to find an analogy to fit our circumstances. If this motion were passed, it would at a stroke finish the work of Select Committees in this House. I would not ever feel able to advise anyone to give any information in confidence to any Select Committee to assist with any inquiry that any Select Committee were undertaking, because it would be self-evident that, at any time in future years—there does not seem to be any time limit on the motion—the procedures, conversations, information and documents could at some time find their way into the public domain, however firm the guarantees of the then Select Committee. There were not many investigatory Select Committees of the House around when the Bill of Rights was drafted and approved in 1689. There may at some time be a case for updating the Bill of Rights. I do not think that that would be appropriate. I would stick with the original words and operate them in a modern context. Since 31 October 1980, when the House abandoned the out-of-date and barmy rule that our published proceedings could not be referred to in a court—that rule was clearly ludicrous beyond belief—only one petition has ever been presented to the House. I shall not go into detail about that case; I say merely that it required the court appearance of two hon. Members as witnesses. As they were required to appear the day after the petition was presented, I understand that the motion was never moved. The Attorney-General is correct; this motion takes the House into uncharted waters. I cannot find examples of any similar circumstances when material on private proceedings of the House, in Select Committee or otherwise, has been demanded, albeit to be given to a judge. If Kevin Maxwell were my constituent, I would have presented his petition, I would have advised him on the form of it and I would have sought to move the motion as the constituency Member. As a parliamentarian, I would have then given the reasons why I could not support the motion in the Lobby. If it had come to a vote, I would have clearly said that I would not support it and I would have voted against the motion before us today. No case has been made regarding any particular item of information given in closed session to the Social Services Select Committee. It is not secret who appeared before the Select Committee. As the hon. Member for Dover (Mr. Shaw) said, the session was some years ago. As such, it appears to be a fishing expedition of the most blatant kind and of the most breathtaking broadness in some ways.The hon. Gentleman says that there was no secret about who gave evidence to the Committee. I am afraid to say that it was a secret. Only one name was known because it was mentioned in the House by the hon. Member for Birkenhead (Mr. Field). None of us—not I, not the Maxwells or anybody else—apart from members of the Select Committee knew who gave evidence.
I was not referring to individuals; my hon. Friend the Member for Birkenhead (Mr. Field) did not refer to individuals. I remember, however, that when the spotlight was on the Select Committee, both when it met in public and when it met in private, there were television pictures showing witnesses, attended by their legal advisers, who were not answering any questions in public. To that extent, there was not a cloak of secrecy. The companies, the organisations and the trustees were known—although, I accept, individuals were not named.
The scope of the motion is breathtaking. I note that the hon. Member for Wantage (Mr. Jackson) did not ask the House to approve the motion. He tabled it as a constituency Member, as is right and proper. I do not think that it makes any difference that the motion leaves the matter to the judge to decide. The effect on those who give information in confidence to the House will be the same whether the information goes before the judge or is released to the courts. My hon. Friend the Member for Birkenhead, the Chairman of the Select Committee, has made it clear—I hope that the point is taken by Kevin Maxwell, his advisers and anyone looking at the proceedings—that the issues dealt with in private by the Select Committee were intended to enable it to decide what could be dealt with in open session so that nothing compromised either the defence or the prosecution in a future case. That was the whole purpose of the exercise. We should continue to support the House's sub judice rule even though, occasionally, some hon. Members get very frustrated by its use and believe that it is being used to stop legitimate debate. We should always accept the Speaker's ruling on sub judice. We make it clear, therefore—the point could not have been made more clearly than by Madam Speaker's statement today—that this House does not seek to interfere in the courts or the administration of justice. Likewise, we do not expect the courts to have any role in questioning our proceedings when they are held in private session and are not even being reported to the House. I have given considerable thought to the matter in the past few days in which it has come before the House. I have no perfect answer; I am not a lawyer. I have discussed the matter with my hon. Friends and I have had a brief conversation with my hon. Friend the Member for Birkenhead, for which I am extremely grateful. We must, however, have regard to the administration of justice, especially if there is any potential for a miscarriage of justice affecting any defendant. That is crucial, because we spend enough time bringing to the attention of the House constituency cases and seeking justice for them. We must be mindful of that point. I do not accept any analogy with the Matrix Churchill case and the issue by Ministers of public immunity certificates. The defendants in the Matrix Churchill case sought to bring out in their defence and into the public domain only the fact that they had been involved in private meetings with Ministers and members of the security services. They sought to bring out not the details but the fact that they had had such meetings. If that fact was in the public domain, it would enable any reasonable person on the jury to know that what they had done had been done with the compliance of the state and with the knowledge of Ministers who had been party to some of the meetings. That is clearly not the case with Kevin Maxwell. He has not been party to any proceedings in the House that he might want to use in his defence in court. If he had been, the case would be wholly different and we should have to look at it differently. The House has a duty to maintain the confidence of those who give evidence in closed session. It is crucial that we ensure that we do not prejudice the interests of any defendants before the courts and that we do not prejudice anything that has happened and is happening in terms of the members of the Maxwell pension fund, the trustees and the recipients of the pension funds putting together again their pension arrangements. It is clear from what my hon. Friend the Member for Birkenhead has said and from reading between the lines of the report to which he referred, the second report in the 1992–93 Session, HC 527, that, in the global arrangement brokered by Sir John Cuckney, some parties dissented from proceeding to civil cases in the court in exchange for deals to transfer money back into some of the pension funds. It would be wrong for those confidences to be broken and to come into the public domain. We have to balance that point against the fact that no clear case has been made for any particular document that would be material to the defence of Kevin Maxwell to be released. I am confident that, in refusing to support the motion today, as I hope we shall, we shall not either impede the defence mounted by Kevin Maxwell or assist the prosecution. That is an important point. Nothing that we do today will assist the prosecution. We are simply asserting the rights of Parliament which were laid down under article IX of the 1689 Bill of Rights. In no way do we contribute to any future claim of a miscarriage of justice; we would not be party to that in refusing to support the motion today. The article is there for a reason, and I do not think that we should set it aside.
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The motion raises difficult and complex issues. I rise to speak as a Member of Parliament, because I believe that it is important to preserve the relationship between this House and the courts of law, and, more especially, as Chairman of the Liaison Committee, which has a particular responsibility for ensuring, as far as possible, that that relationship works effectively.
I feel bound to say in the clearest possible terms that I believe that acceptance of the motion would seriously undermine the ability of Select Committees to operate effectively. I also feel bound to say that that point is true of the compromise suggested by the Attorney-General. I had hoped to persuade my hon. Friend the Member for Wantage (Mr. Jackson) to withdraw his motion. I still hope that he will, but I hope that he will not do so on the basis of the Attorney-General's suggestion. We want to be absolutely clear about the principles involved here, and I believe that the motion should be rejected on the ground of principle. I understand, of course, why my hon. Friend the Member for Wantage tabled the motion. I believe that we should also stress the extent to which both members of the Select Committee and hon. Members who have constituents who have suffered as a result of the Maxwell affair have acted with the utmost restraint in refusing to do anything that might call into question the possibility of a fair trial. There are two separate aspects to the matter. One is the general case of the availability of parliamentary papers and their use in the courts and the other is the availability of confidential papers. Those questions raise separate issues. Surprisingly, my hon. Friend the Member for Wantage made no real attempt to argue his case; he merely put it forward. He drew an analogy with public interest immunity certificates, to which I shall come in a moment, and simply said that there might be a conflict between the so-called common law aspects and parliamentary privilege. It is important to stress in that context that this has been a dilemma over the centuries. It has always been clear, despite the conflicting considerations, which way the balance comes down—in favour of Parliament. Even as short a time ago as last year, the Privy Council, in dealing with a case that had been said to involve a conflict between the need to ensure that the legislature could exercise its powers freely on behalf of its electors, the need to protect freedom of speech generally and the interests of justice in ensuring that all the relevant evidence was available to the courts, came down clearly and said that the second and third factors could not be ignored, but that it was settled law that the first factor should prevail. I am astonished, therefore, by the Attorney-General's remarks this afternoon. That having been said, it seems to me that that is the short answer to my hon. Friend the Member for Wantage. It is settled law that, where there is a conflict such as he posed, the decision comes down in favour of privilege and for a very good reason: over the centuries, we have had a Bill of Rights. I am never clear why it is called a Bill of Rights, because it is an Act of Parliament; it is the law of this country. Article IX of the Bill of Rights, which has been quoted already, states:It seems absolutely clear to me, and I do not think that it is seriously open to dispute, that the documents for which my hon. Friend is asking are proceedings in Parliament. It is equally clear that there is no point in the defendants asking for proceedings if they are not to be called into question. Therefore, it is right that the motion should be opposed and defeated, as I hope it will be, or that my hon. Friend should withdraw it. My hon. Friend asked for dispensation in this case, but that would be an extremely dangerous precedent. I shall come to the confidentiality aspect later, but, in any case, it seems to me that one cannot by a motion of this sort overrule an Act of Parliament. I presume that if we wanted to go along that route, we would need parliamentary legislation. We would have to amend the Bill of Rights and overrule article IX. I come now to whether the matter should be referred to the judge. That seems to me to be as dangerous in respect of confidentiality as any other arrangement which has been suggested. My hon. Friend's motion refers to the 1980 resolution. As I understand it, whether proceedings of the House have been published or whether they may be published but have not yet been, they still cannot be called into question in the courts. It is therefore very difficult to understand, except in the rather strange example quoted by my right hon. and learned Friend the Attorney-eneral—he did not quote any others in support of his argument—how, even if the documents were made available, they could avoid being called into question. The object of the exercise is not the least bit clear. Under the dispensation of the 1980 resolution, the courts constantly now look at proceedings in Parliament to examine the facts, but they cannot call them into question, which is likely to happen in this case. It has already been pointed there has been no specific request for documents. As my right hon. and learned Friend the Attorney-General pointed out, this is an extensive fishing expedition."the freedom of speech and debate or proceedings in Parliament ought not to be impeached or questioned in any court or place outside of Parliament".
I am sorry to interrupt my right hon. Friend. If nobody knows what transpired in the Select Committee, how would it be possible to ask for any specific document from it?
That is a fair point, but I assume that some specific aspect of proceedings is being asked for. It seems to me that a request ought to be quite specific, and I thought that that was generally accepted.
Let me deal with the analogy that was suggested with the Scott inquiry. That is a totally false analogy and the hon. Member for Birmingham, Perry Barr (Mr. Rooker) described clearly why it is false, although my right hon. and learned Friend the Attorney-General seemed to think that it had some validity. The crucial question in respect of whether a public interest immunity certificate or parliamentary documents should be released is what is the public interest. The answer in this case does not involve a specific decision, as might be the case in the Matrix Churchill affair. It is a general decision about the public interest in a Committee being able to obtain information on a confidential basis and not to find that, after the matter has been referred to a judge or for consideration on the Floor of the House, it has been overruled and its word has been broken. The public interest in that general case is very different from that in considering whether a public interest certificate should be issued in a specific case. In my view, the analogy of my hon. Friend the Member for Wantage breaks down.I have been pondering the point the hon. Member for Wantage (Mr. Jackson) raised about how defendants would know what was going on in a Select Committee if it met in private. It would be possible, would it not, for the defence to write to the Chairman of the Select Committee and ask, in this instance, whether there were any discussions on the disappearance of funds and the channels by which those funds disappeared from the pension funds? Had we had such a letter, we would have replied that we never discussed that topic. Other very specific inquiries, to which the defence could have got answers, could have been made to the Select Committee.
The hon. Gentleman, as Chairman of the Social Security Select Committee, has been much more involved with the matter than me. In his outstanding speech, he described the Select Committee's attitude. I commend the point that he just made to my hon. Friend the Member for Wantage; it is a better response to his intervention than I was able to provide on the spur of the moment.
I shall return briefly to the compromise put forward by my right hon. and learned Friend the Attorney-General. It seems to me to have a great many dangers, and the mere suggestion that we might go down that road will, to some extent, make things more difficult for Committees. I regret the fact that he made that suggestion. The compromise seemed odd, and suggested that my right hon. and learned Friend would put the matter to the judge, the judge would come back to the House and then the House would say whether it thought that the matter was relevant. I do not understand how on earth the House is supposed take a view if it does not have in front of it all the information that, it is said, should be published. The House can take a view on the matter only if the documents are published, and if they are published the matter is overtaken by events. I simply do not see how that interesting procedure will work.Is not the Attorney-General's suggested course the procedure observed in respect of public interest immunity? In that procedure, as I understand it, a Minister issues a certificate covering particular material and it is for the trial judge to determine whether that certificate is upheld.
It seems to me that the Attorney-General was suggesting the public interest immunity certificate procedure, which is for Ministers to protect the Executive, whereas we are concerned with the protection of the interests of the House. Therefore, I agree entirely with those hon. Members who have been advocating that it would be extremely serious to venture down the road suggested by the Attorney-General or do anything to abandon what has been the practice of the House for centuries.I could not agree more with the hon. Gentleman. Let me also emphasise the difficulty of what the Attorney-General was suggesting. It not only uses the procedure that the hon. Gentleman outlined but involves coming back to the House for us to decide whether the papers should be released. There is no way that that can be debated on the Floor without thereby, willy-nilly, if I may use a strange expression in a serious context, making the papers available. They can appear in Hansard, which, in turn, can be referred to but not questioned in the courts.
The crucial point is one of very great importance to the House. I think that we would be ill advised today to do other than simply withdraw the motion on the basis of the arguments that I have put forward or vote against it, which I most certainly hope the House would do if there were any question of the matter proceeding further. This is a dangerous situation and, as has been said, it could undermine the position that the House has taken under the Bill of Rights over the centuries and was, I understand, reaffirmed by the courts only a short time ago. On that basis, I think this has been a fascinating debate in many ways but, alas, to some extent dangerous for the effective working of the Select Committee system. In my view, the Select Committee system has been the most important innovation in parliamentary procedure in recent years. It has certainly been extremely efficient in holding the Executive to account far more effectively than one can often do at Question Time or in debate on the Floor of the House. It is important that the House should not allow a change of the kind suggested which could jeopardise the ability of Select Committees to hold the Executive to account.5.19 pm
I agree entirely with the right hon. Member for Worthing (Sir T. Higgins). I think that we are on a slippery slope. However, I wish to point out to the hon. Member for Wantage (Mr. Jackson) that, if there appeared in some contributions to the debate to have been the slightest criticism of him for tabling the motion, it was not intended. He has done the House a service in tabling it. I detect that he is perhaps not as sympathetic to the proposition in the motion which he has been required to table as he might appear to some. He has acted in the best interests of his constituent, and that is why he raised the issue, even if he was not altogether convinced of the case.
I have had some 28 years' aggregate experience of Select Committees. I have sat on four, and a number of times we took evidence in private. I think that, if we were to go down the suggested route, we would—not immediately but over a period of years—completely undermine the credibility of the Select Committee system. I can think of occasions when we were taking evidence when people stopped to ponder in mid-sentence the implications of what they were saying, even though they knew that the Committee was in private session. One can imagine that they were in turmoil as they wondered to what extent they could trust the Committee. I recall the long series of sittings in the case of the complaint by the Observer against Mr. John Browne and the evidence given by a number of people to the Select Committee. Like every member of the Committee, I was conscious of the fact—that is why it took on the quasi-judicial responsibility—that we were considering the implication of statements made to the Committee somehow getting into the public domain. That is why there were no leaks during the Committee's proceedings. Another problem that concerns me is the distinction between the arrangements for giving evidence in a court of law and those for giving evidence to a Select Committee. I can foresee circumstances in which it might not be possible during a trial to secure access to information or draw on evidence which, in the view of some, is necessary to the trial, because of rules of evidence in the court of law that do not apply to a Select Committee. We might find that a Committee inquiry was worked up by members, by the press or, indeed, by anyone, in the knowledge that a trial was to take place outside because it was believed that the only way to secure access to information that might be critical to the trial—it might be only hearsay evidence—was to use the Select Committee system and, by petitioning Parliament, to secure access to the evidence. The judge would then consider whether it should be passed to those representing the defendant or the plaintiff. I am greatly concerned that we might find our system being manipulated. Another case is currently the subject of great argument. I do not want to introduce a note of controversy into the debate so I shall raise the matter as delicately as possible, but the House will be aware that there has been a hearing of the Select Committee on Members' Interests relating to the hon. Member for Tatton (Mr. Hamilton). The question is whether, in the event that the Committee had taken evidence from people from whom it wished to take evidence, those giving evidence would have felt inhibited because they knew that a libel trial was to take place later. No one today has drawn the distinction between criminal and civil proceedings. If we took the proposed route, we might end up with applications being made to the House in civil proceedings for information that might be beneficial in trials. If people felt inhibited in giving evidence for fear that it might be used in a trial, we would again have undermined the workings of the Select Committees. I understand that there is an important balance to be struck between the privileges of Parliament and the rights of the individual, but we should not necessarily approach the problem in that way. We are securing the rights of the individual by protecting the privileges of Parliament.5.25 pm
We are here to tackle injustice, not to tolerate, ignore or perpetuate it. The interesting question asked by the hon. Member for Workington (Mr. Campbell-Savours) is whether, by denying or withdrawing the motion, we would in the long term be helping to reduce injustice, which is part of the function of the Select Committee system, or whether the withholding of information would cause an injustice in a particular case before the courts at the moment.
I am glad that there is agreement that my hon. Friend the Member for Wantage (Mr. Jackson) did the proper thing in tabling the motion. It is clear that hon. Members in general have welcomed the opportunity to express their views. As has rightly been said, whether he is sympathetic to the petition put to him is not at issue. Whether he decides to press the motion to a vote or to withdraw it should not be taken as a judgment on the merits of the petition itself. The House has to try to decide what is right. The hon. Member for Bradford, West (Mr. Madden) misdescribed the public interest immunity certificate system, which was a system created by judges. By signing a certificate, a Minister can make available to a judge documents to which public interest immunity would usually apply. The judge then decides whether the documents are material to the defence and should be disclosed to the defence. To suggest that the public interest immunity certificate procedure is a way of withholding information is to turn the truth upside down. Anyone who has read the answers to the questions that I have tabled in the past year and a half will know that it was a judge-created system, not one created by Ministers or Parliament, to allow the release to the judge and, if relevant, to the defence, of documents which would usually be withheld. That is the extent of the parallel in this case. Should information which may have been provided to the Select Committee be kept from the defence in a particular trial? The hon. Member for Workington rightly reminded us that the question applies not only in criminal cases but in commercial and other types of civil cases. I am not impressed by the historic negative—the notion that one cannot do something in a new way because it has not been done that way before. All our parliamentary conventions, and many of our constitutional conventions outside, are built on adaptations of and changes to the way in which things were done in the past, and changes have usually been made for good reason. The question is whether there is a good reason for change. In this case there is not, because the information that would have come to the Select Committee, had it been relevant, would have been obtained from organisations or individuals which could be asked directly by those involved in the prosecution or the defence—because, of course, it might be relevant to either. Those organisations or individuals could have been asked directly to make the necessary information available. I suspect that there are opportunities to subpoena people to get them to court and ask what relevant information they have. If my supposition is correct, the problem goes away. There can be no injustice if the petition is not accepted, but I do not think that we can leave matters like that. We should make it clear that Select Committees usually meet in public, that the information given to them will usually be published in their reports, and that they do not take evidence in private or in closed session unless there is good reason—for example, it might be clear to the Select Committee that it is wise to do so or a good case might be made by a witness giving evidence to the Committee. Following this pointed debate, it might be worth some part of the House considering whether there are lessons to be learned, not especially from this case but from the issues behind it. Some of the points which have been made carry a good deal of weight. I am conscious that no one has seriously argued for the information to be made available, and I shall not do so myself. My primary purpose is to try to say that there are reasonable parallels with the public interest immunity certificate device, although they are not complete. I hope that people understand when that matter becomes relevant that such certificates provide a way of releasing information in a way which I think we do not intend to do today.
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I need to say something on the matter, as the House might expect, but I shall be brief as the arguments have been so well ventilated. I emphasise that I speak as Leader of the House and Chairman of the Committee of Privileges, and not in any collective sense on behalf of the Government. Clearly this is very much a matter for the House of Commons.
The entire House is agreed that my hon. Friend the Member for Wantage (Mr. Jackson) acted entirely properly in bringing the matter before the House today on behalf of his constituent, as did the hon. Member for Islington, South and Finsbury (Mr. Smith) in referring to his constituency interest in the matter. It is also clear that the House is agreed—the hon. Members for Birkenhead (Mr. Field), for Workington (Mr. Campbell-Savours), for Birmingham, Perry Bar (Mr. Rooker) for Bradford, West (Mr. Madden), my right hon. Friend the Member for Worthing (Sir T. Higgins) and others expressed this view—that we are talking about a matter of great importance to the workings of this House and to the work of Select Committees in particular. It cannot be denied that the ability of Select Committees to scrutinise matters of high public importance and to carry out their proper job of scrutinising the Executive would be impaired if witnesses who were invited to give evidence in private with the assurance that their evidence would be kept confidential then found that those assurances given by the Committee in good faith were to be ignored. On the specific issue of the material sought in the motion, the hon. Member for Birkenhead, who is Chairman of the Select Committee on Social Services—he was speaking, I understand, with the unanimous support of the Committee—gave clear reason to doubt whether the material in question could have any bearing on the impending trial. Indeed, he made the point that the material largely relates to events which took place after those events which gave rise to the charges in the case. Some slightly different nuances of view—I put it no stronger than that—have been expressed by Members as between those who have suggested that there will never be circumstances in which the House can contemplate such action, and those whom I judge to be more numerous, such as the hon. Member for Birkenhead and myself, who would be reluctant to go so far as to say that there are no conceivable circumstances in which the House would ever even be willing to contemplate a step such as the motion invites. What is clear from the debate is that it would be a large and significant step indeed, but that the case for it has not been made in relation to this material in this case at this time. It is a step that the House could contemplate only if it were given powerful reasons to believe that there was no other way to avoid injustice. We all agree that in raising the matter my hon. Friend the Member for Wantage has very honourably and has properly reflected his constituency duty. However, I hope that, having heard what has been said in the debate, he may feel that it is right to withdraw the motion.
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We have had the serious and considered debate for which I was hoping. At the beginning of the debate, some criticism was directed at me for not positively arguing the case for disclosure. However, I was consoled by the remarks of the hon. Member for Workington (Mr. Campbell-Savours), who hit the nail on the head. I did not see that as my function in presenting the motion: my function was to raise the issue and to ensure that there was a proper answer to it, and this I have done.
The criticism that no positive case has been made raises a wider point which my right hon. and learned Friend the Attorney-General recognised. Without knowledge of the proceedings in question—which is, by definition, not available—there can be no material for such a positive argument to be put. Nor could there be any material for refuting that argument on any grounds other than the mere assertion of parliamentary privilege. We have been told by the hon. Member for Birkenhead (Mr. Field) something about what transpired in the private session of the Committee. That was all new knowledge to the House and to the public. He assured us that the material contained nothing in any way relevant to the interests of the defence. My constituent Kevin Maxwell will be grateful for that assurance and explanation from the hon. Gentleman, but he may be forgiven for asking why he should place his confidence in the interpretation that the hon. Gentleman has put on what might or might not be relevant to his defence. Why should he accept the simple assurance that there is nothing in the material that pertains to that defence? He might well say, with all respect to the hon. Member for Birkenhead, that he would rather that the question whether there was anything relevant to his defence were remitted to a well informed and independent arbiter—the judge. That is precisely what the motion and my petition seek to do, as my right hon. and learned Friend the Attorney-General recognised. It is clear that the sense of the House is not in favour of the motion and I shall not press it to a vote. I believe that we would be well advised to take up the suggestion of the hon. Member for Birkenhead that the general issue should be considered by the Privileges Committee. I hope that the House will also take into consideration the suggestion made by my right hon. and learned Friend the Attorney-General. I beg to ask leave to withdraw the motion.Motion, by leave, withdrawn.Speaker's Absence
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I beg to move,
That the Speaker have leave of absence on Wednesday 21st June to receive an honorary degree of Doctor of Civil Law from the University of Oxford. I am sure that Madam Speaker will do so with the congratulations of the whole House.Question put and agreed to.European Communities
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I beg to move,
That the draft European Communities (Definition of Treaties) (Partnership and Co-operation Agreement between the European Communities and their Member States and the Russian Federation) Order 1995, which was laid before this House on 20th March, be approved.I understand that with this, it will be convenient to discuss the following motion: That the draft European Communities (Definition of Treaties) (Partnership and Co-operation Agreement between the European Communities and their Member States and Ukraine) Order 1995, which was laid before this House on 20th March, be approved.
The orders relate to partnership and co-operation agreements, or PCAs, which the European Union signed with Russia and Ukraine in June 1994. The orders specify the agreements as European treaties under section 1(3) of the European Communities Act 1972.
The agreements are mixed. In other words, some of the provisions fall within Community competence, while others fall within the competence of member states. That means that before they come into force, the agreements must first be ratified by all 15 member states of the European Union and by the Parliaments of Russia or Ukraine, as the case may be. The European Parliament must also give its assent to the agreements.Will my hon. Friend give way?
May I press on a little?
Will my hon. Friend give way on that specific point?
If my hon. Friend insists.
Can my hon. Friend confirm that the European Parliament has declined to ratify the agreement between the European Union and the Russian Federation?
That is the case at the moment. In the case of the UK, the draft orders need to be approved by both Houses so that we may ratify the agreements. The orders were approved in another place on 18 April. If this House chooses to approve the orders, they will then be submitted to the next meeting of the Privy Council.
I should like to give the House some background to the negotiations of the agreements, to highlight the main points and to place in context our broader relations with Russia and Ukraine. In doing so, I hope to demonstrate to the House how the agreements will make a substantial and practical contribution to the process of reform in Russia and Ukraine. They are therefore good for Russia, good for Ukraine, good for the United Kingdom and good for our objective of spreading prosperity and security across Europe. Past relations between the European Community and the Soviet Union were governed by a modest trade and co-operation agreement signed in 1989. That agreement provided a basic framework for managing trade relations and for what co-operation existed at that time. Following the break-up of the Soviet Union, the European Community—under the stewardship of the UK's presidency in 1992—decided to intensify its relations with each of the newly emerging independent states. The new situation called for a new kind of relationship based on partnership and practical co-operation, to help those countries through the difficult process of fundamental political and economic reform. The partnership and co-operation agreements, which are individually tailored to suit the requirements of each state, are designed to provide a practical and workable framework for that co-operation. The first such agreement was signed with Ukraine on 14 June 1994. Ten days later, after two years of negotiation, an agreement with Russia was signed in the margins of the Corfu European Council. President Yeltsin signed for Russia. Since then, similar agreements have been signed with Moldova and Belarus. Slightly less wide-ranging agreements have been signed with Kazakhstan and Kyrgyzstan. We expect to lay draft orders on those agreements later in the year. We hope that it will soon be possible to negotiate partnership and co-operation agreements with the remaining countries of the former Soviet Union. But as I shall explain, the agreements contain important political and economic obligations, and we first need to be satisfied that those countries are in a position to fulfil such obligations. Ratification of EU agreements can take years, so it is likely to be some time before the partnership and co-operation agreements with Russia and Ukraine enter into force. To bridge that gap, the European Union has negotiated interim agreements with each country. Those agreements will bring into early effect the trade provisions of the wider-ranging PCAs. As the House is aware, signature of the interim agreement with Russia has been delayed for reasons that I shall discuss later. The partnership and co-operation agreements are explicitly based on respect for democratic principles. They aim to intensify political and economic links between the EU and Russia and Ukraine. That is to be achieved through regular political contacts, increased trading opportunities and wide-ranging economic co-operation. I shall highlight one or two of their most important features.Will my hon. Friend give way?
If my hon. Friend does not mind, I do not want to give way to interruptions all the way through my speech.
First, the agreements envisage regular political dialogue at all levels. The PCA sets up a framework for regular consultations including, in the case of Russia, biannual summits between the Presidents of the Council, the Commission and Russia. In the hierarchy of the EU's external relations, that means that the EU will have the same high-level contacts with Russia as with the United States. The agreements also set up co-operation councils in which Ministers will meet once a year to review the agreements and explore ways of building on them. Secondly, the agreements are an important step in building closer trading links. They provide the Russians and Ukrainians with a route into the world market economy. In particular, they provide for the mutual abolition of quotas on most goods; most-favoured nation treatment on tariffs; and the abolition of discriminatory internal taxes. But we do not intend to stop there. The agreements open up the prospect of negotiations—in 1998—about eventual free trade areas. Thirdly, the agreements make it easier for us to do business. In particular, they set out terms on which our companies can set up in each other's territory; provide a clear regulatory framework for investment; and aim to bring Russian and Ukrainian practice into line with the European Union's in important areas such as the protection of intellectual property. Making it easier for people to do business in Russia and Ukraine is one of the most effective and practical ways in which we can help their economies develop. Fourthly, the agreements provide for continued economic co-operation under the TACIS programme of technical assistance to help entrench real reform in Russia and Ukraine. The agreements are an important first step in the process of integrating Russia and Ukraine into the wider framework of European economic co-operation. They set up a regulatory framework for trading and investing in Russia and Ukraine. They will therefore provide a more stable climate in which EU traders and investors can operate. They are an important first step, but they represent the beginning of a process, not the end. The agreements contain an evolutionary clause, which will allow us to continue developing closer political and economic ties. The objective of a free trade area provides Russia and Ukraine with an incentive to continue the kind of economic reform that we want them to pursue. Helping Russia and Ukraine to develop proper, functioning market economies is the best way in which we can help them achieve greater prosperity. That is in their interests and ours. As well as helping to underpin our security through their prosperity, that process creates new markets, bringing greater opportunities for European exporters. The agreements offer a practical example of the European Union serving the purposes that we want it to serve: encouraging political and economic reform; promoting more open, liberal trade; and making it easier for our businesses to explore new markets. Those are key UK objectives. Through the agreements, the EU is helping us achieve those objectives. I shall say a few words about the political context in which we are addressing the agreements. The agreement with Russia was signed amid great optimism about the prospects for Russia's relations with the west. Events in Chechnya have cast a cloud over that relationship. Some people have said that the west should punish the Russians by withdrawing co-operation. We believe that that would be a mistake. The west cannot, and does not, turn a blind eye to what is going on in Chechnya, but we shall not help our powers of influence over the Russian Government by closing off all avenues of co-operation. More specifically, some people say that it is wrong to proceed with the Russia PCA until the situation in Chechnya is resolved. I see the weight of that argument, but it is important to remember that we are in the middle of a long process. The ratification procedures of some other EU member states will take longer than our own. We are not committing ourselves at this stage to bringing the agreement into force on a particular date. Once every member state and the European Parliament have ratified the PCA, a separate decision will still be needed to bring it into force, and it will then be right to assess the position in Chechnya before proceeding to take that final step. That will be the most effective moment to use the agreement to influence Russian behaviour—if we judge that to be necessary at the time. That, however, is still some way off. In the meantime, our overall objective—to underpin political and economic reform in Russia—will remain unchanged. I therefore ask the House to demonstrate its support for that long-term objective by approving the principles behind the partnership and co-operation agreement. Meanwhile, the interim agreement is now ready for signature. But European Union Foreign Ministers decided that, before they would approve signature of the agreement, progress would be required over Chechnya in four areas: co-operation with the Organisation for Security and Co-operation in Europe; discussions leading towards a political settlement; access for humanitarian aid; and moves towards a ceasefire. There has been considerable progress against those criteria: the Russians have allowed the establishment of a permanent OSCE presence in Chechnya; discussions with Chechen representatives are under way; and humanitarian aid is freely flowing into the areas worst affected by the conflict. A permanent ceasefire has not yet been established, but that is not solely within Russia's gift. There have, however, been encouraging moves in that direction. The Foreign Affairs Council, meeting on 29 May, noted the progress made and hoped that, with further progress over a ceasefire, signature would shortly be possible. We should like that to happen sooner rather than later, as continued delay in signature risks damaging the wider EU-Russia relationship and, with a lengthy guerrilla war in Chechnya now possible, there is little more leverage to be extracted from the interim agreement. As I said, we may wish to return to that question when deciding whether to give final approval to the main agreement. Our decision then will depend on the evolution of events in Chechnya and the extent to which they are controlled by Russia in the meantime. In my view, it is no less important that the European Union does everything in its power to help Ukraine achieve stability and prosperity as an independent, sovereign nation, but we cannot do that for it. I am delighted that the Ukrainian Government now appear genuinely committed to establishing real, lasting economic and political reform. The partnership and co-operation agreement will help that process along. I am pleased that the EU and Ukraine have taken an important step forward by signing the interim agreement in Brussels last week. One important element of our co-operation with Ukraine is on nuclear safety. In that context, I particularly welcome the commitment made by President Kuchma to close down the Chernobyl power station by the year 2000. I am encouraged that that decision has enabled the EU to release substantial amounts of much-needed balance of payments assistance. It is clearly in all our interests that the process of reform in the former Soviet Union, especially in Russia and Ukraine, should succeed. The success of that process does not lie entirely in our hands. I believe, however, that through those agreements, the European Union will make a significant contribution to help that process along. I commend the orders to the House.
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The Opposition do not seek to divide the House or to oppose formally the orders giving our consent to the partnership agreements with Russia and Ukraine. Having listened carefully to the Minister, and having agreed with many of the things that he said, we none the less wish to express reservations and ask questions, because a great many issues are raised by the orders and we are considering together two countries that are very different economically, politically and socially.
As the Minister said, the partnership agreements are wide-ranging, covering many different aspects, but I agree with him that the provisions concerning political dialogue and respect for human rights are especially important. We feel especially worried about those issues when considering the present position in Russia. Obviously, it is correct, as the Minister said, that we should look to the long term. In the long term, we have the possibility of creating a huge economic free trade area—a huge market which, if it is established in circumstances of economic growth, might be of enormous benefit to the newly democratising countries and to us in the west. I shall say a few words about each of the agreements in turn, beginning with the one that relates to Ukraine. I think that there is a general feeling, which I believe was reflected in the discussion about the agreements that took place in another place, that Ukraine has achieved a great deal lately, especially in its efforts to make economic reforms. Certainly, great satisfaction was expressed, which I echo, with the fact that Ukraine has signed and acceded to the nuclear non-proliferation treaty. We very much welcome the agreement that has been reached and, one hopes, will be implemented, concerning the Chernobyl nuclear reactor. Many of us were greatly moved by accounts that have been given recently of the enormous number of children-1 million—who have been maimed and damaged by the effects of fallout from Chernobyl. We know how very widely those effects have spread, not only in Ukraine but throughout the continent of Europe and even further afield. We know too that Ukraine, in its present economic position, finds it difficult to tackle these problems and to make proper provision concerning the closing down of the Chernobyl power station. For that reason, we very much welcome the balance of payments support agreement that was signed in December 1994. Perhaps, if the Minister is replying to the debate, he will say something about the way in which that will work in practice, about what the effects—if any—have been, and about the precise way in which he envisages further economic co-operation between the European Union and Ukraine developing. As I understand it, agriculture is not part of those partnership and co-operation agreements; perhaps the Minister will give us more information about that. Was agriculture mentioned as a concern by Ukraine in its discussions about the agreement? I ask that especially as Ukraine was traditionally the bread basket of the entire region and, in the right circumstances, obviously might have a very important agricultural role to play. It may be a sector of the Ukrainian economy that can be part of future economic success, although circumstances need to be rather different from now. While I have said that we approve of many of the political and economic changes that have taken place in Ukraine recently, I am aware that there are many current difficulties between the President of Ukraine and the Ukrainian Parliament. Perhaps the Minister will give us up-to-date information about that. Certainly it appeared as if the President was going to appeal to the people over the heads of Parliament and the other political institutions, but that move to hold a referendum was, as I understand it, being blocked by Parliament. It would be interesting to know whether there are any further developments on the political front that the Minister feels that he can share with the House in replying to the debate. I shall now turn to the agreement with Russia. Obviously, I agree with the Minister that it is terribly important to do everything that we can to help economic and political reform in Russia, and that we must keep our eyes fixed on the long-term benefits of achieving that. However, the difficulties and obstacles to that reform process are very great, and are not helped by various political actions that have been taken recently by the Russian Government. The hon. Member for Ludlow (Mr. Gill), in one of his attempts to intervene on the Minister, drew attention to the fact that the European Parliament has said that it does not wish the partnership agreement with Russia to be ratified until more progress is made in resolving the Chechnya situation and in tackling abuses of human rights and responding to the anxieties very strongly felt in the European Union about that matter. Opposition Members can sympathise with the opinion of the European Parliament about that, and it was a factor in the decision not to ask for a Division in the House this evening that we know that reservations are being expressed there, and that the ratification procedure is unlikely to be quick in any case. We hope that, during that ratification procedure, some progress may be made, especially regarding Chechnya. I also understand that the ratification procedure, which, as the Minister explained, is sometimes slower in some other European countries than in ours, has run into difficulties in Denmark. Perhaps the Minister has some information about that, which he can share with us. In Chechnya, appalling atrocities have been committed, a great many innocent civilians have been killed and large numbers of people have been dispossessed of their homes. The Russian population in Chechnya has suffered appallingly in that conflict, as well as the Chechen population. In spite of what the Minister said about OSCE involvement in Chechnya, which I welcome, there appears to be a marked absence of negotiations between the Russian Government and representatives of the Chechen people. Many of us would like to be assured that there will be negotiations in future and that the appalling military action, which has caused such widespread concern and dismay elsewhere in the world, will not continue. Obviously, when we deal with Russia, it is important, as my hon. Friend the shadow Foreign Secretary wrote in an interesting article, that we do not put all our eggs in the Yeltsin basket. There has been a tendency in the west to stick with the person in power whom we know, because of fear of change. Yet there is plenty of evidence to show that many political groups and movements in Russia were deeply distressed at events in Chechnya, and opposed the actions of Yeltsin in that part of the world. We need to ensure that our links across the democratic board in Russia are as good as possible from now on, and that we do not simply seek to bolster one side without having links with everyone who is interested in democratic and economic reform in that country. The political dialogue envisaged by the partnership agreements is a very important element, but we must use that dialogue to ensure that the reform process is underlined and not undermined. We discussed the partnership agreements generally in European Standing Committee B on Tuesday 28 February this year and I was a little disappointed by some of the comments of the Minister's colleague, the right hon. and learned Member for Grantham (Mr. Hogg). Members of the Committee asked him about some of the most contentious and difficult aspects of the negotiations and he replied that, as he was not a party to those negotiations, it was difficult for him to identify the controversial matters. I would welcome the Minister's confirmation of the most difficult and controversial areas. The documents that we have are detailed and technical, but they do not reveal the political feeling or the climate of opinion that surrounded the negotiations. I think that it would be useful for hon. Members to be aware of the flavour of the negotiations and what, if anything, caused particular difficulty. It is interesting that both partnership and co-operation agreements contain articles relating to labour conditions. Article 23 of the partnership and co-operation agreement with Russia states:I tackled the right hon. and learned Member for Grantham about that issue when we considered it in the European Standing Committee. It seems very ironic that the Government have agreed to that labour clause, of which I approve very much, yet they have done their best to ensure that British nationals who are working in Germany—under what, as a good Geordie, I like to refer to as the "Auf Wiedersehen, Pet" directive—do not enjoy the same good working conditions as German nationals who are employed by the same firms. It seems rather odd that the Government are prepared to see Russian nationals win those concessions but, at the same time, to deny such concessions to our own nationals. Perhaps the Minister will address that issue when he replies to the debate. I turn to another subject that I have referred to previously in Committee and which I do not apologise for bringing before the House. I am concerned about the relatively low level of trade that the United Kingdom has with the countries of central and eastern Europe, including Russia and Ukraine. The figures supplied to me by the House of Commons Library show that Britain comes behind Germany—which is well in the lead—France, Italy and, in some cases, the Netherlands in our level of trade with Russia and Ukraine. Our trade situation is deplorable in central and eastern Europe generally and we are losing out in terms of both exports and imports. I am convinced that those countries, such as Germany, Italy and France, which have built up close trading relationships with the countries of central and eastern Europe, including Russia and Ukraine, will benefit from that trade in the long term. It is extremely disappointing that we have slipped behind in our trade with those countries—indeed, it has been a consistent slip over four or five years. That is particularly disappointing because as long ago as 1989 the Select Committee on Trade and Industry detected a tremendous willingness among the countries of central and eastern Europe to trade with the United Kingdom. The Select Committee also pointed out that the English language was being used more widely in the countries of central and eastern Europe to the extent that it was becoming the second language after the countries' native languages. It is extremely disappointing that we have not built up our trade with those countries in the way that we anticipated. I do not know whether the Government are addressing that problem across all Departments, but they certainly should do so in order to ensure that we can build close trading relationships. I am certain that that will lead in turn to close political relationships, which are sure to be of benefit in the future."Russian nationals, legally employed in the territory of a Member State shall be free from any discrimination… as regards working conditions, remuneration or dismissal, as compared to its own nationals".
My hon. Friend makes an interesting point about the widespread use of the English language. Perhaps by allocating more resources to the British Council, which is doing excellent work in Russia at present, we could extend the knowledge of this country overseas. I think that our language is probably our most exportable commodity, but unfortunately we do not seem to recognise that fact.
I agree with my hon. Friend. I also pay tribute to the work of the British Council, but I believe that its activities could be expanded in the future. The same is also true of the BBC World Service. The BBC is involved in some very innovative and exciting projects, in partnership with organisations in Russia and throughout central and eastern Europe. However, that work is on a fairly small scale and, in view of the status of English as a world language, my hon. Friend makes an extremely valid point.
Investment is obviously also important. I understand that the partnership and co-operation agreements contain incentives for investment in Russia and Ukraine. It would be interesting to learn whether the Government have a strategy for ensuring that those investment opportunities work to our advantage. In conclusion, I make it clear that, in allowing the partnership agreements to be approved today, we are not approving of everything that is happening in Russia, in particular, or in Ukraine. We wish to encourage those countries to do better and the agreements constitute a mechanism through which dialogue between our countries can continue. I hope that we shall be able to explain our attitudes not only to one or two people in the Governments of those countries, but on a wider basis with the wider democratic forces within the countries. It is vital to strike up the right relationship with the countries of central and eastern Europe, especially Russia, Ukraine and the newly independent states. The peace, security, prosperity and well-being of our continent—and indeed of the whole world—depend upon it. We must exert ourselves to the utmost to ensure that there is political and economic reform in those countries and that the basis for real long-term stability and prosperity is created.
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As we have heard, the ratification of the partnership agreement with the Russian Federation is being threatened with delay because of its actions in Chechnya. This is the first opportunity that the House has had to debate the situation in Chechnya since the Adjournment debate of my hon. Friend the Member for Blackpool, North (Mr. Elletson) a few months ago. It gives us a chance to make clear what we expect of the Russians in order to encourage the European Parliament and the member states of the European Union to ratify the agreement. My hon. Friend the Minister has referred to some of our demands in that regard.
I must stress how much I welcome the agreements in principle. The pursuit of greater political and economic co-operation must be in all our interests. The agreement with Russia represents a clear acknowledgement of the progress that that country is making in its commitments to democracy, human rights, a market economy, and security and co-operation in Europe which were enshrined in the Charter of Paris of November 1990, whose signatories included President Gorbachev and my right hon. and noble Friend Baroness Thatcher. That charter, signed by the CSCE summit, symbolically ended the cold war in Europe. Since then, the Soviet Union has been replaced by its 15 independent republics, most of which are making progress at varying speeds towards our standards of democracy and human rights. For the past four years, it has been my good fortune to have presided over the non-member countries committee of the Council of Europe, which monitors that progress and recommends when applicant countries qualify for membership to our Parliamentary Assembly. I am delighted to see the hon. Member for Easington (Mr. Cummings) in his place. He is a valuable member of the committee. I should also mention the hon. Member for Newham, North-West (Mr. Banks), who is a valuable member of the British delegation on the Council of Europe. Today, the three Baltic states are members of the Council of Europe and in two weeks' time the Parliamentary Assembly will debate the accession of Moldova. Until its action in Chechnya, Russia had been making good progress towards satisfying our qualifications for membership. It had held free and fair elections to its two parliamentary chambers, the Federal Council and the state Duma. It is evolving a pluralist party system. More than 70 per cent. of its work force is now in the private sector and most, but by no means all, human rights are being respected in Russia today. Towards the end of last year, it seemed to some of us that the two organs of the Council of Europe—its Parliamentary Assembly and the Committee of Ministers—would be prepared to turn a blind eye to Russia's constitutional shortcomings and the clear inadequacies in its legal order and invite it into full membership of the Parliamentary Assembly in time, symbolically, for the 50th anniversary of VE day last month. Russia's action in Chechnya, however, put paid to that, and rightly so. We have now suspended our consideration of Russia's application until we are satisfied with the response to the terms of the resolution that we passed on 2 February similar to the terms of the resolution passed by the European Parliament, which is holding up the ratification of the agreement before us tonight. The principal concern behind our resolution was that Russia had demonstrated for all to see, even while it was pressing to join the Council of Europe, that it was prepared to ignore the entire purpose of the Council of Europe's existence—that never again should force be used to resolve our disputes. Moreover, for Russia, the principles enshrined in the Helsinki Final Act and all the mechanisms of the Organisation for Security and Co-operation in Europe to avoid conflict and resolve disputes peacefully, counted for nothing. Since then, events in Russia have shown that a great deal of progress remains to be made on constitutional issues. For example, the right checks and balances must be achieved between the executive and the legislature and between the presidency and the Parliament, and there must be some control and accountability of the army before we can seriously consider the accession of Russia to the Council of Europe. In respect of Chechnya, how do we expect the Russians to respond in order to encourage us to ratify the agreement before us tonight? My hon. Friend the Minister mentioned some of those demands and they are similar to those of the Council of Europe. First, we want an end to the military action. Ceasefires have been announced on a number of occasions, but the use of force continues in Chechnya, with a great deal of bloodshed on both sides. Secondly, the United Nations High Commissioner for Refugees, the International Committee of the Red Cross and other international organisations must be able to provide humanitarian assistance to the region without hindrance and interruption. I was glad to hear my hon. Friend the Minister report that that is now taking place. However, it is not yet enough, and I am sure that the organisations will require greater accessibility to the area where their assistance is most needed. Thirdly, we seek the establishment of a political dialogue to solve the conflict and dispute peacefully using OSCE mediation in consultation with the Council of Europe. Although an OSCE mission is present, there remains hesitation on the part of Moscow in accepting its mediating role. Yet we already know from that mission that a Tartarstan form of autonomy would have been negotiable even before the conflict began, and could still form the basis of a settlement. When the mechanisms of the OSCE are used as in the case of the Baltic states, in Moldova, Georgia and Azerbaijan, it can bring peace and the prospects of a solution acceptable to both sides, and where it has not been used as in Bosnia and, until now in Chechnya, it is war. Our refusal to ratify this agreement with the Russian Federation, together with the suspension of Russia's application to membership of the Council of Europe is about as much as we can do to convince the Russian leadership that its old habits must die, however hard, if Russia is to be accepted into our common European hope. Such a stand today is necessary to strengthen the forces of reform and democracy in Russia, as well as reflecting the concerns of the majority of the Russian people about the action in Chechnya. It is as well to make that stand now before the crucial parliamentary elections in December and the equally important presidential elections next year. Not to do so would encourage the forces of darkness which are still so prominent in Russia and which would return Russia to its old ways and plunge Europe back into a cold war.6.16 pm
I shall be very brief, as I decided to seize the opportunity to speak. I am grateful to the hon. Member for Bournemouth, East (Mr. Atkinson) for saying what he did about our work on the Council of Europe. He is a highly respected and prominent member of the Council and does exceedingly good work there. I pay a genuine tribute to him.
I have returned from St. Petersburg, where I was making a programme for the BBC which will be on television next Wednesday evening, 14 June. It is called "The Travel Show" and goes out at about 8 o'clock. It is probably worth seeing for one thing only. We went to a prison in St. Petersburg on the banks of the Neva to see a most amazing sight. It is an absolutely appalling looking place and we could see the prisoners leaning out of windows waving their hands to their relatives and friends, who were standing on the other sides of the road by the river. The prisoners spit darts fashioned in the shape of a funnel and weighted down with a piece of chewed bread. It sounds strange, but the darts are extremely accurate. Those prisoners will do wonderfully well if they want to take up playing darts for real. They spit the darts out of the window to the other side of the road. It is very broad road, almost like a dual carriageway. Their relatives open up the funnels and extract the messages. I raise the matter because it is an appalling abuse of human rights. The messages inside the funnels were in Russian, but I had them translated. I intend to present them to the committee on human rights in Strasbourg. The funnels contained such messages as, "We are not allowed visits. You cannot get a visit from a relative unless you are prepared to pay. We are crowded 13 into a cell. Why do not you bring the film crew into the prison and see what is actually happening?" That would have been interesting, but I doubt whether the Russian authorities would have allowed us to do so. I say this because it seems a good opportunity to raise the issue and ask the Minister to make some representations to the Russians. We want the Russians to be fully integrated into the Council of Europe. We want good relations with the Russians in terms of the European Union and trading arrangements, but there is a price to pay; it is a basic price that includes human rights. In that one experience, I could see that human rights were being totally flouted and it is right to raise these matters with the Russians and ask them for a proper and adequate explanation.6.19 pm
I am grateful to you, Mr. Deputy Speaker, for calling me so early in this important debate. I am naturally disappointed that the Minister did not allow me to intervene during his introduction to the debate, to seek clarification of why it is considered so important that these agreements be translated ultimately into treaties. Perhaps at the end he will explain that. As for the rest, I admired the picture that he painted of motherhood and apple pie, but I hope that the House will forgive me if I do not go down the same route.
Next week, a book called "The Perestroika Deception" will be published as a successor volume to a book entitled "New Lies for Old", in which the author, Anatoly Golitsyn, a Russian defector now living in deep cover in the west, predicted with chilling accuracy the nature and intentions of Soviet strategy—a strategy to which these agreements could be said to form a useful addition. I hope that the House will bear with me if I take the opportunity that the debate affords to express my misgivings about these agreements. As a business man, I question the wisdom of entering into a collective agreement over which one has little or no control. I also question the wisdom of entering into agreements that arc open-ended, and agreements with other parties—in this case, the Russian Federation—whose integrity is open to question. One of the apparent contradictions between the words and actions of Russian leaders is well represented by their military inventory. It may interest the House to hear one or two quotations in this regard. On 10 January this year Lieutenant General James Clapper, United States air force, director of the United States Defence Intelligence Agency, testified before the Senate Select Committee on Intelligence as follows:The highly respected US defence analyst Sven Kraemer wrote in the fall 1994 issue of Strategic Review:"we continue to note large investments in their deep underground program".
I could go on to instance how, next year, the Russian Federation will deploy the intercontinental ballistic missile SS24 known as Topol M, against which the west has no deterrent. According to General Sergeyev, Russia's nuclear commander, interviewed on 22 January 1995, the Russian SS25 ICBMs could be programmed to target the United States in minutes. Four new submarines were delivered in 1993 and another four were launched in 1994. Russia remains a nuclear super-power with at least 9,000 nuclear weapons at its disposal. It retains mobile ICBMs, and possesses the production base to deploy more of them. Neither Britain nor the United States possesses mobile ICBMs. I am grateful to the Chair for allowing me to stray so far from the topic of this evening's debate, but I thought it important to point out that there is another side to the picture. Much as I commend the Government's efforts to encourage greater trade with eastern Europe and the former USSR, and to encourage friendship with those countries, there are other considerations too. Whereas I have instanced my feelings as a business man, I now wish to express my opinion as a politician. I question the advisability of entering into an agreement which, among other things, institutionalises political dialogue. Thirdly, as a Member of the House I am bound to express my extreme disquiet about the procedures that permit so many of the decisions affecting the lives of all the people we represent to be made in the name of the British people but not necessarily by the people whom they elected to represent them. Today's debate has its origins in the use or abuse—depending on one's perspective—by the Foreign Office of the royal prerogative. I will go so far as to say that Britain's predicament—particularly her difficulties over Europe—stems from a much too liberal use of the royal prerogative by the Foreign Office, which routinely enters into agreements with external parties, either bilaterally or collectively, which it then expects Parliament to endorse. Such was the situation on 28 November last, when Parliament was invited to rubber-stamp the decisions made at the Edinburgh summit in November 1992. What the Government should have done at Edinburgh, but—wittingly or unwittingly—omitted to do, was to warn its European partners that in this country decisions affecting the public purse are the prerogative of this place, not of the Crown. Increasingly, however, our country's destiny is being determined by treaty under the royal prerogative and less and less by decisions taken by the House of Commons."Russia's network of superhardened deep tunnels and command and control bunkers is designed for nuclear war fighting and survival and remains strategically significant".
Is my hon. Friend suggesting some kind of linkage, in the sense that we should agree to partnership agreements of this sort only if Russia abandons a certain quota of its nuclear weapons?
No. I was describing the enormity of the Russian arsenal to demonstrate my belief that we should not accept that the only things that matter in this world are friendliness with the Russians and attempts to do business with them. There are also major practical considerations which we ignore at our peril. I hope that the people of this country, listening to or reading the debate, will not gain the impression that all Members of the House are prepared to do whatever appears expedient in terms of trade and friendship while ignoring a huge Russian arsenal for which I can see no justification.
If we could rely on the absolute loyalty and integrity of the Foreign Office, its extensive use of the royal prerogative might be acceptable. But it is well known that the Foreign Office is driven by its own collectivist ideology which gives priority to reaching open-ended, bilateral and collective accords. As a result, this country's freedom of manoeuvre is being ever more tightly restricted as, increasingly, we become prisoners of agreements into which the Foreign Office has entered on the nation's behalf and which Parliament seldom has the opportunity to debate, still less the ability to demur from. The agreements are collective and have been entered into by a collective organisation, the European Union. Thus, not only does the Foreign Office tie us up in proliferating and ever more complex treaties and agreements, but the collective organisation to which the Foreign Office has committed us does the same thing in parallel. As a matter of principle, I believe that we should be party to as few agreements and treaties as possible—especially collective agreements that leave us exposed to open-ended and dangerous pressures. But the Foreign Office apparently adopts the opposite view. The more agreements we sign, it appears, the better. That is instrumental nonsense.Surely we want to build links between the west and the Russian Federation to avoid future instability. The agreements that we are discussing will have that effect. In a way, the more agreements we can have, the better.
I am grateful to my hon. Friend for intervening, because at last we are having a debate. I was disappointed when my hon. Friend the Minister did not give way to me. It seemed that the debate would have been given a better start if it had not begun with a monologue. I shall be pleased to debate these matters with my hon. Friend. As I advance my argument, I think that he will begin to understand what lies behind my introductory remarks. I hope that he will follow the arguments that I shall deploy.
The gist of my main argument is that the agreements that we are being asked to enter into, with the best of motives, may not necessarily be understood and may not necessarily be in the best long-term interests of the United Kingdom or of the interests of peace and prosperity in western Europe. I am opposed to agreements with the former Soviet Union because I do not share the evident view of the Foreign Office that the leaders of the former Soviet Union can be trusted. On the contrary, there is ample evidence to suggest that the Russians are pursuing a devious strategy that is designed to lock the western powers into complex arrangements and then to dominate them. The principle that Russia is following was summed up recently by its Foreign Minister, Andrei Kozyrev, when he said:That is a succinct summary of the Russian strategy, which is to enmesh the western powers in networks that will render them impotent in every sense of the word. Russia has a strategy, but we do not. Instead, we have only a series of policies. The difference between a policy and a strategy is that a strategy contains within it a secret manoeuvre or dimension, which is by definition withheld from the public domain, while a policy is openly stated. My objection to proceeding with the draft agreements is that by endorsing them we shall be furthering the implementation of Russia's strategy to enmesh Britain and other western powers in a collective bloc that is intended to stretch from the Atlantic to Vladivostok."The more states are intertwined with one another, the more durable will be the net of their relationships."
The hon. Gentleman will be aware that article 90 refers to a co-operation council that will
Article 107 states:"monitor the implementation of this Agreement."
There is not the open-ended commitment that the hon. Gentleman is claiming."If either Party considers that the other Party has failed to fulfil an obligation under the Agreement, it may take appropriate measures."
I shall quote from the treaty which was signed between the United Kingdom and the Russian Federation in November 1992. It was a treaty of peace and friendship. Article 1 reads:
The second sentence of article 3, which comprises seven lines, states that the parties"There shall be peace and friendship between the Russian Federation and the United Kingdom of Great Britain and Northern Ireland."
If we take all these proposals in isolation, they appear to be innocent. But they cannot be taken in isolation. We must have regard to what else has been signed and the cross-referencing that ensues, which means that our freedom to manoeuvre as a country is severely circumscribed. That is part of the grand design of the Russian strategists. I think that the hon. Member for Gateshead, East (Ms Quin) will agree that, when we are examining treaties, it is important to read their texts. It is necessary to read and understand the precise language that is used. That point will not be wasted on right hon. and hon. Members who are only now awakening to the significance and consequences of the Maastricht treaty, which sadly not all of us have read—I except myself. I have read the documents that are before us and I question why we need a collective political dialogue between the European Union and Russia, especially in the light of the Russian strategy to establish hegemony over the Union. Britain's interests would be better served, in my opinion, by independent, bilateral, arm's length dialogue, and nothing more. I note the use of the adjective "regular" in the draft agreements. When the EU uses "regular", it signifies an intention to institutionalise dialogue. In other words, the EU will become engaged in continuing negotiations with Russia. That is precisely what the Russian strategists intend. I do not agree that we should allow the EU to have continuing dialogue and negotiations with the Russians, in whom it is unwise to place so much trust. The House should not facilitate a further erosion of our sovereignty, freedom of action and independence. The political independence of the so-called successor states in Russia is strictly provisional. That has been made clear, inter alia, by Mr. Primakov, the head of the Russian foreign intelligence service. On 13 December 1994, The Independent reminded its readers that three months earlier Mr. Primakov had said in Moscow that, apart from the three Baltic republics, the other 12 former republics which belonged to the Soviet Union would largely reunite. In other words, the picture that we see now is not the one that may be established in the fulness of time. By entering into agreements with the successor states, the EU will find that when the Soviet Union re-establishes itself, which I suggest it might well do, the agreements will continue after the model of the United Nations membership of Ukraine and Belorussia when the Soviet Union existed overtly. The draft agreements suggest that the economic co-operation dimension is open ended. I do not agree that it is wise to allow the EU carte blanche to negotiate open-ended economic co-operation arrangements on our behalf. Does such negotiation mean—this is a serious and important question—that Russian experts, including security agents, will be allowed free rein within our military and industrial complex, in our industries and utilities, for example? Of course it does. The House should stop to think what such collective agreements would entail. In "The Perestroika Deception", Anatoly Golitsyn shows that the west has fallen for an elaborate strategic deception and is being manipulated by a group of Leninist strategists. The object of Russian strategy is the destruction of the nation states and their replacement by collective blocs and networks, with the ultimate Leninist goal of world government. I am glad to see that the hon. Member for Newham, North-West (Mr. Banks) is interested in what I am saying. I think that he is nodding in agreement. Every time that the House—"affirm that relations between them will be governed in particular by their commitments under the documents of the Conference on Security and Co-operation in Europe, including the Helsinki Final Act, the Charter of Paris for a new Europe and the Helsinki Document of 1992."
Why are all the statues of Lenin being pulled down if there is a Leninist strategy?
The hon. Gentleman is gullible to think that the past is indeed the past. The absurdity of that approach never ceases to amaze me. What would the hon. Gentleman say if I crossed the Floor and declared that I was a socialist? Would be believe me? He would be wrong to believe me, because I am a capitalist, not a socialist. It stretches credulity to its absolute bounds to think that suddenly, overnight, all those who were Communists will suddenly adopt a new philosophy and belief, with the result that everything will be different. I use this opportunity to warn the House and the country that that is not the truth.
Every time the House approves one of these collective agreements, not least treaties agreed by the collective of the European Union, it contributes to the furtherance of the Russian strategy. It is high time that Parliament woke up to what is going on and ended the automatic acceptance of a politically correct view of the world. As a start, the House could do much worse than to make it clear to the Foreign Office that it disapproves of its tactics, of its collectivist approach to Britain's interests and of its evident practice of placing the interests of Moscow before those of this country and this country's people.6.40 pm
I am grateful to you, Mr. Deputy Speaker, for calling me. I had not intended to speak; I intended merely to intervene, but my hon. Friend the Minister did not give way, so I am afraid that I shall have to detain you and him with a few remarks.
The agreement is very important because it promotes trade and opens markets, but it also extends democracy and human rights. The provisions of the treaties in that regard are extremely important. Perhaps even more important at this time, however, is the signal that it sends to the Russian Government, to Boris Yeltsin and to those who surround him and control and manipulate the levers of power in the Kremlin. The Chechen war, which my hon. Friend the Member for Ludlow (Mr. Gill) mentioned, has shaken the Russian political system in a way that has not been fully recognised in this country. It was a shock to those who support the democratic and reform movement in Russia. I believe that they have not had the support from this country and from the west that they deserve. What concerns me about going ahead with the partnership agreement is precisely the signal that it sends, because, contrary to what my hon. Friend said, Chechnya has been largely ignored by the west. The conflict has involved the loss of 30,000 lives so far—most of them Chechen civilians, but, as my hon. Friend the Member for Bournemouth, East (Mr. Atkinson) said, Russian civilians too. It has involved the loss of 16,000 young Russian conscript soldiers and the destruction of a massive amount of property throughout the Chechen Republic. We should not have ignored the conflict—we ignore what it says about the nature of Boris Yeltsin's Government and the stability of the Russian regime at our peril. If we do not take proper account of the situation, address it now and learn the lessons that we should learn from it, it will come back to haunt us again and again in many years to come. In that respect, my hon. Friend the Member for Ludlow was absolutely right. My hon. Friend the Minister says that we are not sweeping the Chechen experience under the carpet. I believe that that is precisely what we are doing. We are not taking account, for example, of the cost of the Chechen war, which one Russian economist, Ilarionov, has estimated to be $5 billion so far. We, the International Monetary Fund and the European Union are providing the financial means for the Russian Government to continue that war. That is unacceptable. When we proceed with these agreements, we are supporting and rendering assistance to those within the Russian Government who believe that they can get away with it, that they can dupe the west, that somehow the whole situation will be ignored over time and that we can return to the status quo ante. That is extremely dangerous. I believe that the attitude adopted by the European Parliament—of refusing to ratify this agreement—was absolutely right. We must also take account of other issues that show the true nature of the Russian Government at the moment. The House has expressed its concern—Germany in particular has shown its extreme concern—about the decision of the Russian Government to export plutonium-producing nuclear reactors to Iran. That clearly shows what a dangerous and unstable threat Russia poses in that region. We must bear in mind the comments and the attitude of the Russian Government towards the conventional forces in Europe treaty. Having signed up to it, they have chosen to ignore its provisions so that they can deploy thousands of extra infantry and tanks on their southern flank. That shows their attitude towards international treaties. We should be absolutely resolute in our condemnation of the Russian Government's methods and practices over that, because if we believe that we can trust them when they sign the nuclear non-proliferation treaty, given what they have done with a similar defence treaty, we are absolutely mistaken. If we go ahead with the agreement, we must make it quite clear that we condemn absolutely the methods that they have used in Chechnya; that we condemn the fact that they have ignored the conventional forces in Europe treaty; that we condemn the fact that they are trying to sell nuclear reactors to Iran; and that we shall continue to resist them and continue to support those who truly champion democracy in Russia. My hon. Friend the Minister should take very seriously Conservative Members' concerns about what is happening in Russia and about further extending our co-operation with the Russian Government. We should make it quite clear tonight, to anybody from Moscow who is listening and who is watching our deliberations, that we go ahead with the agreement with a very heavy heart and that we certainly do not intend that it should show any approval for the dangerous, destructive and destabilising policies that the Russian Government have adopted.6.46 pm
With the leave of the House—
The Minister is a Marxist-Leninist stooge.
I have listened with interest to the views expressed by hon. Members, occasionally with amazement, particularly to the admission of the hon. Member for Newham, North-West (Mr. Banks) that we are all capitalists now.
One of the most important challenges facing the west today is to build a long-standing, lasting, substantial relationship with the countries of the former Soviet Union, not for its own sake but our own interest. We in the west need to use all the means at our disposal to nurture what embryonic reform already exists, to act as a catalyst for further reform and to give the Russians and Ukrainians rewards and encouragement for continuing along the difficult road on which they have embarked. The partnership and co-operation agreements make significant contributions towards building such a relationship, but I note the concerns that have been expressed about the merits of introducing the agreement with Russia at this stage, and take the points that have been made. The hon. Member for Gateshead, East (Ms Quin), who speaks for the Opposition, made some good points on that. My hon. Friend the Member for Bournemouth, East (Mr. Atkinson) gave a balanced view of it. My hon. Friend the Member for Blackpool, North (Mr. Elletson)—he may be surprised to hear me say—made some very useful comments, too. His points about the weaponry of the former Soviet Union states, particularly Russia, are important, but we are conscious of them and took them into account in the treaties that we have with them—the CFE and the strategic arms reduction talks. We are not naive about them. I shall return to that in a moment. I was rather amazed to hear my hon. Friend the Member for Ludlow (Mr. Gill) refer to me as a collectivist. That is perhaps the obverse side of the comments made by the hon. Member for Newham, North-West. My hon. Friend asked specifically about the agreements and referred to them as treaties: they are not strictly treaties. We are required to ratify them because they are mixed agreements—some provisions fall within the competence of member states, and others within Community competence. All member states must ratify the agreements before they can enter into force. By ratifying the agreements, we provide the basis under UK law by which we can implement the provisions of the agreements. The hon. Member for Gateshead, East was right when she intervened on my hon. Friend the Member for Ludlow and said that the agreements can be suspended if we do not believe that the conditions that apply under them are being met, including human rights and other conditions. We are not, in that sense, becoming trapped in long-term agreements. The agreements are valid for 10 years. They can, of course, be renewed, but they can also be suspended throughout their duration. That is the important component of the operation of the agreements—and, as the hon. Member for Gateshead, East pointed out, the co-operation councils will monitor their implementation. In describing me as a collectivist, my hon. Friend the Member for Ludlow missed the point, that bilateral dialogue with Russia and Ukraine will continue. Yesterday my right hon. Friend the Foreign Secretary spoke to Mr. Kozyrev, and raised a number of the points that have been raised today about human rights and similar matters. My hon. Friend the Member for Ludlow also said that we were caught in a web of treaties and agreements with Russia, such as the Helsinki Final Act and the Paris charter; but it is through such agreements that Russia has committed itself to respecting human rights, democratic norms and so forth. That means that, unlike the former Soviet Union, Russia cannot say that we are interfering in its internal affairs when we continue to challenge and criticise it over Chechnya. That—as my hon. Friend the Member for Blackpool, North will recall—was the classic refrain in the days of the Soviet Union. It is true to say—my hon. Friend the Member for Ludlow picked up this point, in terms of its obverse effect—that, under the conventional forces in Europe treaty and other agreements on the control of nuclear weapons, we are committed to allowing intrusive Russian inspections of our military establishments to check our compliance with weapons destruction provisions. But we have exactly the same rights in Russia: the commitments are reciprocal. I assure my hon. Friend that we send inspectors who are sufficiently expert to ensure that the Russians are complying with their obligations. As the hon. Member for Newham, North-West is present, let me deal briefly with one of his points. We in the House have an objective: to ensure that our western institutions are used to engage Russia so that it acts according to internationally accepted norms of behaviour. That includes human rights, an issue that my right hon. Friend the Foreign Secretary has raised a number of times. May I ask the hon. Member for Newham, North-West to write to me about the specific issue of prisoners? I cannot give him an instant response.I am grateful to the Minister for his response; I would expect no less from him. I have one of the darts to which I referred: it provides a graphic illustration of what I was saying. I shall bring it to the Minister, and I should be very grateful if he took the matter up.
I am only glad that the hon. Gentleman is not going to fire his dart across the Chamber. As he knows, my right hon. and learned Friend the Member for Grantham (Mr. Hogg) deals with our relations with Russia, but I shall draw the hon. Gentleman's point to his attention.
Events in Chechnya show us all that Russia has a long time to go before meeting the standards that we expect, hut my hon. Friends are wrong if they think that we do not take the position seriously. What we are debating, in fact, is not that, but the method whereby we can ensure that the Russian Government's behaviour improves. My hon. Friend the Member for Bournemouth, East raised the question of Chechnya and the OSCE. The OSCE brokered talks in Gorazde on 25 May between Russian representatives and those of Dudayev—led, I believe, by Dudayev's Justice Minister. Further rounds are planned, but for the moment the two sides remain far apart. My hon. Friend also raised the question of the Council of Europe. I agree with him that Russia must go a good deal further to satisfy the Council that it is ready for membership. I understand that the human rights sub-committee is preparing to visit Moscow and Chechnya; I have no doubt that it will wish to discuss events in Chechnya, and the visits will also provide the sub-committee with an opportunity to raise other issues—such as prison conditions, which the hon. Member for Newham, North-West mentioned. We regularly discuss human rights matters with the Russians, and will continue to do so. Both the hon. Member for Gateshead, East and my hon. Friend the Member for Ludlow raised the issue of the European Parliament. The text of the partnership and co-operation agreements has just been passed to the European Parliament; in formal terms, it has not even begun the process of assent, but we understand that the position has been clarified. The hon. Lady asked me about ratification by Denmark. The timing of ratification is a matter for individual member states. Denmark has decided not to begin the process until the situation in Chechnya has improved, but—as I explained in my opening statement—by approving the orders we are not giving up the opportunity to maintain pressure on the Russians to find a peaceful solution to the situation in Chechnya. Once the process of ratification is complete, we will look closely at progress before making the concluding decision that will allow the agreement to enter into force. We are not giving up any levers by proceeding with the ratification process today—and, as the hon. Lady herself pointed out, we always have the lever of suspension, even after final ratification. The hon. Lady said that she did not think that the United Kingdom was doing very well in regard to trade with Russia. It is not surprising that Germany has capitalised on its traditional influence. It buys gas from Russia—something that we are not in a position to do. Moreover, UK exports to the former Soviet Union have doubled since 1991. Russia is now the United Kingdom's 32nd highest export area. Two dedicated export promoters from the Department of Trade and Industry are working in Russia, and another will go in the autumn. I think that the Government are doing a good deal in that regard. In 1994, exports to Russia amounted to £700 million—up 22 per cent. on 1993. Exports to Ukraine amounted to £86 million—up 18 per cent. Given the difficulties faced by some of the economies involved, that strikes me as a remarkable performance. UK investment in Russia can be measured by the fact that 250 UK companies have offices in Moscow, and the figure is increasing at a rate of 10 a month. I do not think that the hon. Lady gave sufficient credit to our performance; we have much to be proud of. The hon. Lady asked which issues were the hardest to resolve. As my hon. Friend the Member for Ludlow doubtless understands—given his views—when we deal with the Russians a hard bargain must always be driven; tough negotiations are involved. Banking, trade and nuclear materials are important examples of that. The Ukraine agreement was much more straightforward—largely because the negotiations on the Russian agreement preceded it. A liberal outcome resulted. The hon. Lady mentioned aid related to the Chernobyl disaster. The G7 Naples summit last July agreed an action plan to help Ukraine to reform its energy sector, including the closure of Chernobyl. The G7 countries pledged $200 million in grant to support the plan and the European Union offered 100 mecu in technical assistance—in grant, that is—and 400 mecu in loans. The plan is now being discussed with the Ukrainians. As for the balance-of-payments aid related to that, European Union Finance Ministers have set certain conditions for the release of such assistance, including a requirement for progress on nuclear safety. We believe that those conditions have been met. Further delay in giving support for necessary economic reform would delay rather than advance the day when Chernobyl is closed. The hon. Lady asked about agriculture. The agreements aim to help agrarian reform and the agro-industrial sector to develop domestic and foreign markets for agricultural produce. They also aim to achieve the gradual approximation of Russian and Ukrainian standards to Community technical regulations on industrial and agricultural food products. Beyond that, Ukraine did not ask for agricultural concessions. The agreement provides for co-operation between the European Union and the Ukraine to help the Ukrainian agricultural sector. That was as much as was asked for and given. The hon. Lady asked about internal political aspects in the Ukraine. I am pleased to report that today President Kuchma and the Speaker of Parliament, Mr. Moroz, signed a constitutional agreement, approved by Parliament yesterday, bringing into effect the law on power, which was previously disputed between the President and Parliament. That agreement means that the President has been able to appoint a new Prime Minister. A new Government will be formed shortly. I am confident that continued reform in Russia and the Ukraine is in all our interests and that we in the west must do what we can to encourage and to promote that, not blindly, and not by turning a blind eye to those matters that are most difficult and that need to be dealt with, but we must encourage it nevertheless. The partnership and co-operation agreements will provide an important political signal of the European Union's full support for the process of reform—that is the important point—and that in itself is valuable. More substantially, however, they will also provide practical and technical assistance in a range of sectors to help that process along. On that basis, I commend the motion.Question put and agreed to.Resolved,Resolved,That the draft European Communities (Definition of Treaties) (Partnership and Co-operation Agreement between the European Communities and their Member States and the Russian Federation) Order 1995, which was laid before this House on 20th March, be approved.
That the draft European Communities (Definition of Treaties) (Partnership and Co-operation Agreement between the European Communities and their Member States and Ukraine) Order 1995, which was laid before this House on 20th March, be approved.— [Mr. Wood.]
English Football Supporters
Motion made, and Question proposed, That this House do now adjourn.— [Mr. Wood.]
7.1 pm
In this Adjournment debate, I wish to raise the subject of the treatment of English football supporters abroad. It is best to declare my interests at the outset. I am a member of the board of Chelsea Pitch Owners, which earns me no remuneration, expenses or, I might say, even thanks. Secondly, I am a Chelsea season-ticket holder, which costs me £500 a year.
In view of the comments made by the hon. Member for Ludlow (Mr. Gill) in the previous debate, I should declare also that the Chelsea goalkeeper is a Russian. His name is Dimitri Kharin. As far as I am aware, he is not part of the Marxist-Leninist plot of which we have been hearing. If he is, I await next season with great interest. I have been an avid Chelsea supporter for more than 40 years. During that long period, we have not been spoilt with success. If one adds to that my membership of the Labour party, I suppose that one can see that life appears to have dealt me something of a bum hand, but, in politics as in football, it is best to travel optimistically. I last secured an Adjournment debate on the subject of football and the behaviour of football supporters abroad and at home on 19 April 1985. It might sound somewhat immodest but my speech on that occasion is worth a revisit. Among my recommendations to Neil Macfarlane, then Minister with responsibility for sport, were the following. I said that groundsI said that the courts should impose more custodial sentences on convicted hooligans and community work orders on match days for offenders, that clubs should provide many more voluntary stewards for self-policing of their crowds, that clubs should operate membership schemes, without which admission to grounds would be denied, that the police should set up specialised teams of officers to provide intelligence on known troublemakers, and that the police should travel with supporters to away matches and brief other local police forces. I specifically urged that on the Minister in column 601. He said that he would draw the Home Secretary's attention to my suggestion, but it took until March 1990—some five years later—for the national football intelligence unit to be set up. It took until 1989, under the terms of Football Spectators Act 1989, for exclusion orders to be implemented for convicted hooligans. Regrettably and tragically, it took the Hillsborough disaster on 15 April 1989 to produce the Taylor report and the requirement for all-seater stadiums. I mention those items of 10 years ago not to state my claim for being particularly original in my thinking but simply to illustrate that, if only Ministers had listened more carefully to those many football supporters who know something about the game as a spectator sport, so much trouble could have been avoided in recent years and possibly many lives could have been saved. Politicians who know little or nothing about football but who do not hesitate to rush into television studios or into print in reaction to a particular event are a wretched nuisance. Similarly, legislation that follows in the same knee-jerk fashion is often far more trouble than help. I yield to no one in the House or even outside in my condemnation of those brain-dead louts, fascists and drunken troublemakers who have done so much damage to our national game. That is what my 1985 debate was all about, warning Ministers about events that were then taking place—to which no great political attention was being paid—and the likely consequences of a lack of action. There are times when it does not give one any satisfaction to say, "I told you so," even in politics, but the trouble is that the activities of that small and unrepresentative minority have led to the reputation of English football supporters as the scum of the footballing world. I stress "English" football supporters, because the Scottish, Welsh and Irish supporters enjoy a favourable reputation in football. The image of the English supporter as a thug has now tragically taken a firm hold in public perception, but the image is simply not the reality in respect of the great majority of football supporters. Most supporters are normal decent people who love their club and the game. They are young, old, black, white, male, female, professional workers, skilled workers, unskilled workers, employed and unemployed. Football is a great leveller and people are accepted when they are a club supporter without reservation or qualification. People do not ask supporters who they are and what they do. They just accept them as football supporters and one of the family. It breaks down class harriers and, for most, engenders a great feeling of camaraderie and togetherness. Those are the realities of football supporting for the great majority, but, regrettably and tragically, it is not true of all supporters. It is that wretched but significant minority that obsesses politicians, the media and the police. The purpose of the debate is to draw attention to a specific and growing problem, which originates through and in the activities of that minority. In recent months, I have accumulated a disturbing amount of evidence that shows that the image of the English football supporter as a thug is leading to police forces in Europe believing that all travelling supporters are a menace to public safety and that the police can thus deal with them accordingly. Such police forces adopt the attitude that the travelling English supporter left his or her civil and human rights behind on this side of the channel, and that, when they set foot on the continent, the police can declare open season on them. In the course of my inquiries, I have collected a wide range of personal evidence from individuals and groups, many of whom I know personally, of the most appalling treatment that has been dished out to them by police forces on the continent. My evidence tonight comes essentially from Chelsea and Arsenal supporters following their respective clubs in the European cup winners cup last season. I am fortunate because I have a lot of time at my disposal, but I do not intend unnecessarily to detain the Minister or the House. I do not apologise for giving the following evidence in some detail because we need it on the record. We need Ministers to listen and to take these matters seriously. Genuine football supporters are deeply angry and hurt that no one seems to want to listen to their problems or deal with their complaints. They feel that they are perhaps being treated on this side of the channel almost as they are being treated on the other side. The media are very interested when there is violence, but are not interested when it is perpetrated against English citizens abroad. First, I shall give some details and make some broad general comments that were common to most of the letters that my office has received or that were forwarded to me by supporters and from Arsenal and Chelsea clubs. The first comments relate to the match on 28 February between Club Bruges and Chelsea in Bruges—I was at that match. Up to 500 Chelsea supporters were herded into a warehouse outside the city in a Belgian police operation before the match. Fans were handcuffed and forced into riot vehicles, with the majority of them seemingly committing the crime of speaking with an English accent. In this giant warehouse, the fans were pushed into huge, purpose-built pens, handcuffed, sprayed with water cannons and offered no food or drink for the next nine hours. At 5 am the following morning, the inmates were deported in handcuffs. Imagine the rightful outrage there would have been in this country, if the British police had handled visiting foreign supporters in such a way. We would have been right to criticise, but, as the police have told me in discussions, they would not have dreamt of behaving in such a fashion. One of the letters relating to the warehouse incident comes from Mr. Wheeler of Earslfield, London SW 18, who organised a trip to Bruges for 28 business executives. Nine members of the party—none was wearing Chelsea paraphernalia—were arrested outside the stadium about half an hour before kick-off when asked if they were English. They were thrown into a police van, and one was attacked with a baton. All the fans were told that they had been arrested because their tickets were forgeries, but all the tickets had been bought from an official source. The man who bought them is a travel agent and he knew that they were genuine, but the Belgian police were saying, "That's a forgery," and tearing them up in the supporters' faces. What could they do? The evidence had gone; there was nothing they could do. Those business men were among the 500 Chelsea supporters taken to the warehouse on the outskirts of Bruges and held for nine hours—obviously, they all missed the match. They were not given any food or water, there were no seats, and they were forced to urinate on the spot when nature called because no facilities were provided. Miss McDonnell of Palmers Green, London N13, witnessed camera crews following the Belgian riot police and waiting in anticipation for something to happen. She said:"should be all seating, covered and divided into small secure sections with closed circuit television."—[Official Report. 19 April 1985; Vol. 77, c. 596.]
I was at that match and television companies that were not the slightest bit interested in football or the game went there looking for trouble. They wanted to broadcast scenes of English fans rioting on breakfast television the following morning. If one waits and provokes long enough, one will get precisely what one wants. Surely that is not a responsible attitude for the media to take, and I am not prone to criticising the media either in the House or outside. I heard from Mr. Hugo from London N5, whose son went to Bruges with two friends on a four-day break that coincided with the match. Two days before the match, they were in a bar when Belgian police entered, apparently shouting, "All English outside." His son and the two friends were arrested and detained without food or drink for 18 hours. They were"I watched from a bar window as Belgian police hit out at people for merely walking along the street. These scenes were later shown on News at Ten and Sky News."
They were then deported in handcuffs. I have also received letters about the Real Zaragoza v. Chelsea match on 6 April. Again, I will go over the common reported occurrences in all the letters from Chelsea supporters. The police emptied the contents of fans' bags on to the floor during the search, taking batteries from cameras and discarding them in a heap on the floor—apparently, a move to stop fans using the batteries as missiles. Fans with tickets for the upper tier of the official supporters section were forced to sit in the lower tier—the section of the stadium where the trouble erupted, as I shall explain. There were seemingly motiveless attacks by Spanish police on Chelsea supporters up to three hours prior to the match. I have heard from a number of people who were giving independent evidence, which I could cross-relate. Young fans—one was a nine-year-old—who travelled to the game with their parents, were manhandled by the Spanish police officers. One youngster had his hag, which he had just bought, ripped open and another was struck with a police baton. Subsequently, his father was beaten up by police officers as a result of his understandable reaction to the attack on his young son. I have evidence from other people who witnessed the scene and who did not know the man or his son. They wrote to me independently and I was able to compare three or four letters, all of which said precisely the same thing. There could not have been any collusion between all those people. The organisation of seat allocation by ticket number was non-existent, with no apparent control over the situation. Fans were forced to sit in areas far away from their allocated seats, with many becoming separated. I experienced that in Bruges. I was told, "Just get over there." There was no question of the fans being segregated, or of there being any coherent plan to get them to their allocated seats. It was a disgraceful situation and it got even worse when the Chelsea supporters went to Real Zaragoza. The general feeling among fans sitting in the lower tier, where so much trouble was shown on television, was that the police charged at them for no reason after Zaragoza scored its third goal. A minority of fans in that section then threw chairs as a response to the police charge. Afterwards, I saw independent footage of the scene and that is exactly what happened. The fans were attacked and, having retreated, in the end threw seats at the police, which gave them the reason to attack yet again. Those fans who sat still and tried to ignore and distance themselves from what was going on—Home Office evidence says that that is exactly what they should do—were then attacked by the police officers as they ran through to get at those throwing the seats, who were provoked into taking that rather irresponsible attitude. Of course, it is easy to say now that one should never be provoked, but unfortunately at the time it was advice that was not easily followed. The police were undoubtedly attacking innocent fans, who were simply trying to ignore or get away from the situation. The Spanish police prevented official Chelsea stewards from entering the lower tier to calm the situation. After the match, two fans were brutally attacked by the police when querying where their coaches were situated. Those general comments were in a range of letters. On the specific points, Mr. Germaine from Harold Hill in Romford travelled with his wife and three children on official supporters club tickets on the "Green flight". He had tickets to the top tier in the Chelsea section with the official party, but was forced by the police into the lower tier that I just described. He was hit with police batons nine times, while he sat with his family in the stand, trying to ignore what was going on. He decided to leave the stadium to protect the safety of his family, but was again attacked when leaving by the Spanish police. The incident has brought great distress to his wife and his young children. Mr. Williams from Lancing in West Sussex—a company director who travelled with the official club trip—was attacked by Spanish police as he went into a refreshment bar at the back of the lower tier just after half time. He was hit with batons and suffered severe bruising to his legs. He said:"paraded in front of what seemed to be a stage-managed party of press and TV crews."
W. E. Fowler from Stanwell in Middlesex, a Chelsea football club steward on the trip, claims that the Chelsea stewards in the upper tier were prevented by the police from going into the lower tier to calm the violence. Mr. Ragot of Westbere road NW2, said that, on returning to his seat in the lower tier of the Chelsea section after visiting the lavatory, he was attacked by police with batons and ejected. While pleading with police outside the stadium that his jacket and passport were still on his seat, he was hit on the back of the head by a policeman on horseback and knocked unconscious. He had to go to Zaragoza hospital to receive treatment for his injury. Mr. Bargery of Slough in Berkshire witnessed a missile thrown from the Spanish section of the crowd on to the lower tier of Chelsea supporters. As they complained, the police became angry and started"I was a lone figure posing no threat to anyone."
Mr. Hedley from Cambridge street, Pimlico and his two friends received a severe beating from Spanish police outside the stadium before the game. Consequently, they missed most of the first half of the match. Mr. Hedley needed medical treatment for his injuries and his two friends were very badly bruised around their backs and legs. A friend travelling with Mr. Dibble from Worcester Park saw a young boy hit with a baton outside the stadium before kick-off. The young boy's father obviously became upset with the policeman and he was beaten up by a group of Spanish police officers as a consequence of his reaction. As I have already mentioned, that case has been cross-referenced. Mr. O'Rourke from Wembley in Middlesex had a ticket for the upper tier with the official party but was forced by the police to sit in the lower tier. Many people tried to sit in their allocated seats but were forced into the lower tier, where the trouble occurred. As the trouble erupted, Mr. O'Rourke was attacked by two police officers while sitting in his seat. He lost his glasses and suffered bruising to his shoulders and legs. Mr. Harrison from Lower Bourne, Farnham, paid more than £300 for himself and a friend to watch the match. He said that they witnessed good-humoured Chelsea fans attacked by police outside a bar three hours prior to the game. Mr. Harrison also had a ticket for the upper tier. He was told by the Spanish authorities that he could sit anywhere that he liked and he decided to sit in the less-crowded lower tier. That was a mistake on his part. As the trouble erupted, he stayed in his seat, only to be attacked by two policemen. He suffered bruising to his kidneys and back. He and his friend decided to leave the match early for their own safety. These people paid good money to go to that match. They wanted to see football, they wanted to enjoy Zaragoza and have good time. They did not and they came home very bitter indeed. Mr. Goodwin of Walton-on-the-Hill, Tadworth—not a place one associates with hooligans—had a ticket for the upper tier but was told by Spanish police that it was impossible for him to sit there. The entire contents of his bag were emptied on to the floor during a police search procedure. He said:"clubbing any and everyone they felt fit to."
They refused to let anybody leave, and anyone who did manage to evade them and reach the concourse ran the risk of further beatings."For the first time in my life I was frightened for my own safety and attempted to leave the lower tier through the sole available exit. Upon doing so I was confronted by more Spanish police who, rather than assist in pacifying a situation, seemed intent on inflaming it by further liberally indiscriminate use of their batons.
Mr. Kyte, a senior manager for London Transport, and his brother paid £235 for the trip and travelled with the official club party. They saw only 25 minutes of the game because of a police attack on them while they sat in the lower tier of the Chelsea section. His brother had to go to hospital in England suffering from severe concussion after having bad head pains and sickness on the return journey. Mr. Robinson, a solicitor and secretary of the Diadora football league, said that many of the fans in the lower tier where the trouble erupted were sitting in their seats holding their hands up in an obvious sign of peaceful intention. Many of those fans, however, were still struck by passing police officers. He also commented that alcohol was freely on sale inside the stadium during the match, which is in direct contravention of FIFA regulations, about which I shall say more shortly. Mr. Steve Frankham, a Conservative voter, is a personal friend of mine. I do not normally confess to having Conservative voters as personal friends. He is a quantity surveyor and a very successful business man. He witnessed two young Chelsea fans being brutally attacked by Spanish police and saw blows inflicted to their faces, legs and backs. He said that the fans were knocked to the ground by the sheer force of the blows. The two were merely asking the police for directions to their coach. Miss McDonnell of Palmers Green has not missed a home or away game for 17 years. Well done, Miss McDonnell! She witnessed a fan knocked unconscious by police while standing next to a refreshment kiosk in the stadium. The gentlemen had to receive mouth-to-mouth resuscitation. Inside the stadium, Mr. Thompson from Wokingham witnessed a young Chelsea supporter being beaten by a group of police officers as he tried to retrieve a packet a crisps that he dropped down a flight of stairs. Steve Frankham also saw that incident and told me about it. Let us turn to general comments about the Sampdoria v. Arsenal match in Genoa on 20 April. Six coaches full of Arsenal supporters were escorted by Italian riot police from Genoa airport to a large car park just outside the city. The coaches were forced to stay in the car park for six hours from 1100 to 1700 hours. At the site there were only basic refreshments and WC facilities available. Many of the supporters were due to have a three-course meal in Genoa as part of their travel package. The supporters were travelling to enjoy a good time, which is what I like doing when I travel to Chelsea away matches. None of that happened because the coaches were taken straight to the stadium by riot police and escorted directly back to Genoa airport after the match finished. I have heard a number of complaints about people taking their families for what would have been a good night out. It turned out to be a nightmare. I have a number of commonly reported occurrences from Arsenal supporters about the Arsenal v. Real Zaragoza match at Parc des Princes on 10 May in Paris. They described the failure of French police to help Arsenal supporters obtain easy access to the ground and easy departure from it and said that alcohol was sold inside the stadium. Again, that was an infringement of FIFA regulations. There was an apparent lack of Arsenal FC and French stewards inside the stadium. The clubs are responsible for such matters. They must send more of their own stewards to the matches. What is more, when possible, those stewards should be bilingual. CS gas was sprayed at Arsenal fans inside the stadium after the match. Questions were raised about safety and access to the stadium. A lack of turnstiles caused a crush of supporters at the entrance. Again, such matters are covered by FIFA regulations on safety in stadiums. We must ask whether the Parc des Princes is an acceptable venue for World cup matches. When I talked to police officers in this country, one of the complaints that they made was about the appalling facilities in a number of such stadiums. We are often seduced into thinking that all stadiums on the continent are wonderful palaces of facilities for spectators. That is not true in many respects. They do not have the facilities to segregate supporters like we have in this country. The following are some of the letters that I received concerning the Arsenal v. Zaragoza match. The brother of Mrs. Jeans of Lissenden gardens in London NW5 attended the match. As he was returning to his coach after the match, he was attacked by a French police officer. Apparently, he was walking too slowly. He suffered bruising to his legs. A family friend of Mrs. Jeans also attended the match and reported that Arsenal supporters were locked in the stadium for 35 minutes after the end of the match, which is not unusual. Anyone who has travelled with away supporters realises just how appallingly—sometimes—they are treated. In this country, the police do not attack, but supporters are often kept standing, kept waiting, are escorted and rushed from the station to the ground and never allowed to act in a civilised fashion. Frankly, if one starts acting in a brutal fashion towards people, one should not he over-surprised if the response is similar. I am more surprised at the way in which people do not react. Certainly, when people act brutally towards me, I get exceedingly angry and aggressive indeed. I do not attack anyone, other than verbally, but I am certainly incredibly frustrated and angry by such treatment. To return to the comments about the Zaragoza match, the fans were kept inside the ground for 35 minutes, which is not unusual. But some of the fans were then sprayed with CS gas by the French police. I assume that it was the French riot police, the CRS. The French police are not noted for being especially delicate in their handling of individuals. That was no way for English citizens to be treated in Paris. Many women and children were in that section of the stadium and were scared and bemused by the events that I have just described. French police in riot uniform refused to help or give any directions to Mrs. Gray of Highbury, London N5 who was trying to go to her hotel after the match. In her letter, she also queried safety in the stadium. She said that chaos was caused in the access areas to the stadium, where an apparent lack of turnstiles to filter supporters entering the ground caused a bottleneck. Mr. Barford of Enfield in Middlesex noticed the lack of Arsenal stewards in the stadium and identified safety problems such as the small access area to the ground causing a crush of fans, as already described. Mr. Martin of Hertford discovered confusion among Arsenal supporters who were trying to find their seats in the stadium, due to lack of stewards. He was also concerned about alcohol being sold inside the stadium. Mr. Nelson of Hornsey road. London N7 went to the match with his 13-year-old son; a proper and fitting thing for a father and son to do. After the match, the section of the stadium where he was sitting was locked. After a short while, a minority of the Arsenal supporters became impatient, as I have described, and, as a result, the French police fired CS gas into the crowd, causing great distress among fans in that section, many of them women and children. Mr. Nelson's son was affected badly by the gas. He was temporarily blinded and, being an asthma sufferer, he had extreme difficulties in breathing. That is the evidence; I could have gone on a lot longer. The evidence is there and I have extracted the bare bones to give a taste to the House. Following the evidence I received, I wrote to the Prime Minister, the Home Secretary and the Commissioner of Police of the Metropolis, with whom I also raised the matter directly, about the treatment of British citizens. The response from the Prime Minister and the Home Secretary can only be described as pathetic. The Prime Minister is, of course, a fellow Chelsea supporter, although of less vintage than me. I was there for all Chelsea's championship matches in 1954–55; it is difficult to forget Chelsea's championship year because it is the only one we have had. The Prime Minister has told me that he started to support Chelsea the following season. I was beginning to get rather worried because we have many similarities. We both come from Brixton, we were both on Lambeth council and we are both Chelsea supporters and Surrey supporters. I took great consolation from finding that he stood at the opposite end of Stamford Bridge. Clearly, the divisions were evident even then. This fellow Chelsea supporter and Prime Minister, for the time being, wrote a letter which I found totally unacceptable. He said that he shared my concern aboutI feel sure that it was solely due to my knowledge of the Spanish language that I was struck only twice before finding comparative safety in a toilet cubicle. I feel fortunate, unlike two other innocents who I saw left lying in pools of blood in the concourse. I and these others were not mindless right wing thugs, merely Chelsea Supporters fleeing for our own safety."
and who cause trouble. I condemn them unequivocally. However, he then said:"those who masquerade as supporters"
And some. The letter continued:"I cannot comment on the circumstances of individual incidents, but I do know that where disorder occurs at football matches, both here and abroad, innocent people can be caught up in the measures taken to deal with it."
Absolute nonsense. Who briefed the Prime Minister? From where did he get that impression? All the evidence is to the contrary, yet the Prime Minister wrote such a letter. If I were him—I have offered to show him the information—I would sack the person who gave me the duff information. I asked him whether he would be prepared to take evidence from the spotters—the police officers who travelled from Fulham police station to Spain with supporters—and from an officer from the football unit of the national criminal intelligence service who was there to act as an intelligence co-ordinator alongside the Spanish police. The Prime Minister said that they could not provide a full report on the actions of the Spanish police, and that it would not be right to ask them to do so. I do not want to invoke the words of Palmerston: "Civis Romanus sum." I do not know whether Mr. Palmerston was a football supporter. Perhaps he supported the Corinthians or the Royal Engineers, although they were probably formed after his time. I know that they won cup finals in the 1870s. What Palmerston was saying was that English citizens had a right to expect their Government to defend them, and not to dismiss their justified arguments and to say, "Sorry, it is nothing to do with us. This is something that you just happened to fall foul of because the Spanish police were dealing with problems." The Spanish police were not dealing with problems; the Spanish police were creating the problems. We demand action from the Government, following Mr. Palmerston's observations. If the Government do not want to listen to Mr. Palmerston, they should look at the front page of an old passport. I often wonder whether the words mean anything; it is clear that they do not if one is a football supporter. The passport states:"Although… it will he of little comfort to those concerned, I would stress that the real responsibility for what occurred in Spain lies squarely with those who deliberately set out to create mayhem instead of watching football."
That is just words—just a load of old garbage. If people wave that at a Spanish policeman, a French policeman or a Belgian policeman, the police will crack their heads open. So much for the power of the British passport which once, as they used to say, caused Johnny Foreigner to fall to his knees. I do not, of course, expect that sort of attitude. I am not some kind of neo-imperialist. All I am is someone who says that English citizens travelling abroad have a right to be protected from brutality wherever it comes from and that the British Government have a responsibility to protect them. The letter from the Home Secretary was essentially couched in the language used in the letter I received from the Prime Minister. Obviously, they had cross-checked. It was an inadequate response. May I make some positive proposals to the Minister? I realise that he is a Foreign and Commonwealth Office Minister and that many of my proposals affect the responsibilities of his colleagues in the Department of National Heritage and the Home Office. As in the debate I had 10 years ago, I want to be as constructive as I can he—[Interruption.] You will he glad to know, Mr. Deputy Speaker, that my drink is not alcohol. First, to deal with some of the activities, we should ban the carrying of Union or national flags that are adulterated with the names of clubs or towns. These days, the Union flag so often has the name of a club or the name of a town across it. The flag is supposed to be a unifying and not a divisive symbol. Was what I just did—taking a drink—in order, Mr. Deputy Speaker? If I did it again, I should not like to find myself falling foul of you."Her Britannic Majesty's Secretary of State requests and requires in the name of Her Majesty all those whom it may concern to allow the bearer to pass freely without let or hindrance, and to afford the bearer such assistance and protection as may be necessary."
The tradition of the House is that hon. Members should come here fully watered and victualled before they make their speeches. I hope that hon. Members will maintain that tradition. Those who suddenly get a frog in their throat may, of course, briefly take water to keep them going. To help the hon. Gentleman, I suggest that a degree of calmness in presentation means that the voice will last longer.
Thank you, Mr. Deputy Speaker. I would never want to fall foul of you intentionally. I was wondering what on earth, if hon. Members have to come in here watered and victualled, those two decanters were doing sitting on the Front Bench. Obviously there is one rule for Back Benchers and another rule for Front Benchers.
The second point—Order. The hon. Gentleman will have observed that Front Benchers get a little more excited than Back Benchers do.
I often find that excitement makes the juices flow more readily than does the more staid approach. I am, however, grateful to you, Mr. Deputy Speaker, for clarifying the situation.
Banning the carrying of Union or national flags adulterated with the names of clubs would be something. I have called for it before and I think that action should be taken. It is offensive to people to see such flags. The flag then becomes a divisive rather than a unifying symbol. Secondly, we should cease the practice of playing national anthems before football matches. No other sport does this. I cannot understand why this happens in football matches when it does not happen before cricket matches or rugby matches.It does sometimes.
I do not recall anyone playing the national anthem before a cricket match. Was the national anthem played up in Leeds before the start of the test match against the West Indies today?
I do not know whether the West Indies has a national anthem.
The Minister's comment is interesting. What about Australia, then, or New Zealand? The Minister knows that the national anthem is not played at cricket matches. Why is it played at football matches? This is not an attempt to get at the national anthem, but a suggestion. Rival supporters whistling and jeering the respective anthems does not get the match off to a very good start. Again, as you can see, Mr. Deputy Speaker, I am getting over-excited.
Thirdly, there should he a crackdown on the sale of tee-shirts, leaflets and badges—all the rubbish that is sold outside grounds—that carry racist slogans. In August 1991, the Government announced with a great flurry of publicity that running on to the pitch and chanting indecent or racist slogans would be criminal offences. How many arrests have we had for those offences since 1991? It is not good enough to pass new laws. We need to ensure that they are properly and adequately enforced. Fourthly, English clubs must insist that FIFA enforces its own rules and the European convention on spectator violence and misbehaviour. When I go to matches in which we are playing an overseas club, the no-drinks rule is enforced rigidly, from the directors right the way through. The continental clubs are ignoring the rules on the sale of alcohol. Again, we start to ask why we should follow the rules when the others do not. We should follow the rules, and, more to the point, so should they. Frankly, that is something that the Minister should raise through the Foreign Office and other agencies. Fifthly, part II of the Football Spectators Act 1989 gave the courts the power to make restriction orders to prevent convicted hooligans from travelling to key football matches outside England and Wales. Statistics obtained through the answers to parliamentary questions show that only seven such orders were made between 1991 and 1994. That is a joke. How can Ministers expect us to take those regulations and rules seriously if they are not being adequately enforced? Sixthly, we must seek changes in the legislation to allow those who cause trouble abroad to be prosecuted in the English courts. I know that this introduces a new concept, but it is about time it was seriously examined. We must also encourage authorities on the continent to prosecute those who are responsible for causing trouble within their jurisdictions. It is offensive to see thugs—I am talking about genuine thugs who are properly arrested, not the innocent people whom I was describing earlier—getting back to Heathrow or leaving a ferry and giving the television cameras V-signs and fascist salutes, cocking a snook at authority in this country. It sends the wrong message altogether and is extremely offensive. Seventhly, I would like to say a word about the role of the media. They seem to be interested only in the violent minority. I have found it very difficult to get the media interested in the sort of the cases that I have been describing at length. The media do not seem to be interested in the violence perpetrated on the innocent. They hype violence and inflame the situation. One of the complaints that was made in Zaragoza was that the local press there was reporting what the national press in this country was saying about all the hooligans who were going there. People, and the police force, in Zaragoza became worried that a load of barbarians would turn up and trash their town. That hyped up the police, made them extremely edgy, and they overreacted. The media have to understand the impact they have when such alarmist, hyped-up, unnecessary stories are conveyed to the country that is about to receive the visiting supporters. I come to the most important part of my contribution. The role of the national football intelligence unit is crucial. It must be given the resources to extend its work. I have been talking to people involved and it is amazing that there is only a handful of officers—six or seven—in the NFIU. I had thought that there were loads. In the Metropolitan police area, those officers are complemented by an officer in each police division in which there is a football club. I presume that that applies throughout the country. Even if one takes account of the 92 football clubs in the English leagues, that does not amount to a great number of officers to deal with a crucial public concern. It is no good politicians getting worried and making statements about what is going on and the media reporting and amplifying these events in great depth if we do not give the police the resources that they need to deal with the matter. Each police force has its own spotters who go to club matches, but they are junior officers, constables. No more than two local officers, senior though they may be, go over to liaise with their counterparts on the continent before a match. They can go only by invitation. I mentioned the Spanish, the Belgians and the Italians, none of whom have the equivalent of our NFIU. Only the Dutch, who have a similar problem with football hooligans, have such a unit. It is incumbent on Ministers to take some initiatives. First, the NFIU must receive more resources if, as politicians, we are going to complain about football violence and the behaviour of football supporters at home and abroad. Secondly, Ministers should ask their European counterparts to allow police officers from continental countries to come to Britain for training in football crowd control techniques. Our police officers are probably now the best in the world at football crowd control. No doubt we all regret that they had to acquire that expertise, but at least they have it, and it should be shared among their continent counterparts. We must send far more police officers to matches abroad to accompany supporters. Wherever possible, the officers should be bilingual—people who can get involved in what is going on, not to dictate to police forces abroad but to assist them to ensure that some of the problems that I have described do not recur. We should also send police officers in uniform. I know that this is not customary, but I have checked the matter out and there do not seem to be any great obstacles standing in the way of that. It would comfort and perhaps control English travelling supporters to see English police officers in uniform with them. It would have been reassuring, certainly, for those innocent parties that I described earlier if they could have gone to an English police officer and made their complaints rather than suffering in the way that they did. There is an understandable lack of expertise among European police forces. They have not been forced to acquire the detailed expertise that, regrettably, we have had to. Because they lack expertise, they tend to compensate by relying on policing in numbers. That, in turn, creates problems of intimidation and confusion. To be confronted by massed ranks of police officers when you travel to a match is not a very comfortable position. One of the other difficulties experienced by NFIU officers is that the police forces with which they liaise prior to matches are often not the police who end up policing the crowd. That is hardly useful. In the end, essentially, we in this country are the problem, so we should be prepared to contribute far more to the control and resolution of the problem. The Government must take the situation seriously. The responsible Ministers,—I wrote directly to the Prime Minister—should he prepared to call for reports on the matters that I have raised tonight. They should call for evidence from those few police officers who were at the matches I have detailed and from our embassy and consulate staff who would have been at them. I expect the Government to do far more than that. On behalf of the large numbers of decent football supporters who travel abroad, I expect—indeed, I demand—that the British Government defend their rights and correct the wrongs experienced by those British citizens travelling abroad. Those football supporters, those English citizens, have a right to expect action from the Government, and the Government have a duty to respond.7.47 pm
I will add only a few words. I congratulate my hon. Friend the Member for Newham, North-West (Mr. Banks) on obtaining the debate and on being so clever as to get it on a night when we can go on a little longer.
My hon. Friend made an excellent speech, which has covered a lot of the issues that I wanted to raise. I accept that the Minister may not be able to deal tonight with some of the points that my hon. Friend has raised, and the questions that need to be answered, because it is clear that many of the things which have gone wrong in term of co-ordination and responsibility come under the aegis of the Department of National Heritage, although I am sure that the Minister will have co-ordinated with that Department. I speak on behalf of the many Arsenal supporters who wrote to me, and I know that many have also written to my hon. Friend. The evidence that my hon. Friend gave about the match in Paris and about the other matches is very clear and we have all seen it. Some of us have also seen that my hon. Friend has a large file on the matter. What have the Government done? This situation has not just arisen—it has been going on for some months. Did any Minister at any state write even one letter or make one telephone call to protest or ask for an explanation from the French authorities, the Spanish authorities or those in any of the other countries where incidents occurred? If not, why not? My hon. Friend the Member for Newham, North-West is right. Can one think of any other circumstances in which large numbers of people from another European country would be treated in such a way here without it being front page news and roundly condemned? It seems that the Government are not prepared to stand up for English—in this case, they were English—citizens abroad who have clearly been treated deplorably. It is not good enough for the Government to say that there arc diplomatic reasons for not responding, or that there arc had supporters. We know that there are had supporters, and it is precisely because we want to isolate them that we need to stand up for the genuinely good supporters who did nothing but spend large sums of money and take time off work to enjoy a football match. I have here evidence to back up everything that my hon. Friend said. One letter relates specifically to the European cup winners' cup final in Paris. My hon. Friend mentioned the state of the ground. I appreciate that it is not really a matter for the Minister tonight, but the football authorities need to be asked why the ground in Paris—the Parc des Princes—was allowed to be used. The available evidence shows that it was not fit even to host a normal match, let alone the final of a major tournament. I received a detailed letter from Mr. Barford who lives in Enfield. He also wrote to Arsenal and to my hon. Friend. It outlines the way in which fans were treated on the way into the match. Even when they were not being treated badly, the route to the ground calls into question every FIFA rule. It appears that the roads leading to the ground were cordoned off with crash barriers and there was only a very small access area, which meant that people were crushed together. Mr. Barford's letter states:Everything points to a lack of clarity about who was taking the decisions at the ground and who was responsible for it. Our football authorities owe it to the people who matter—the supporters—to ask FIFA why the ground, which was clearly not fit to host a major match, was used. At the same match, fans had to go through a small opening in the fence and there was more crushing. Mr. Barford said:"This was further compounded by ticket holders having to fight their way back through the crowd if they were trying to go down the wrong road and were told to go elsewhere."
Once inside the stadium, there were problems with the stewarding. Many Arsenal stewards travelled with the fans, but were not always in evidence at the ground. There is some uncertainty as to why that happened. It was not because the stewards disappeared to have a nice time watching the match; there seems to have been a lack of understanding about where they were allowed to go and what they were allowed to do. I am sure that the same has happened elsewhere. The final result was that people were unable to find their seats. They were told to sit where they liked, which led to disagreements. The length of time that fans had to stay in the ground after the match also caused a problem. All that happened to fans of a club which has no history of football hooligans attaching themselves to it. Indeed, the previous year Arsenal was awarded a fair play award for its supporters' behaviour in Europe. Mr. Barford concludes:"I find it hard to believe that a stadium that hosts international matches does not have any turnstiles, a basic requirement that even non-league football clubs in this country have to have."
and says that he would be very hesitant about attending another match in Europe at all. It is sad that many such letters are from people who were travelling to Europe for the first time and who now will never go back. What do those incidents tell us? The Government are supposed to be interested in bringing the people of Europe together, but for many young people, their first trip abroad to watch a match was ruined and they will not return. We need some answers. My hon. Friend the Member for Newham, North-West mentioned the football intelligence unit. How it works is crucial, but there were questions about how it co-operated with the Dublin authorities during England's match there. I know that we are debating matches in Europe, but the Republic of Ireland is also part of Europe. I understood that the Minister with responsibility for sport was meant to co-ordinate the work of the Home Office and the Foreign Office with reference to our supporters travelling to international matches. I asked him whether he had had any discussions with the Dublin authorities the week before the match. He did not even pick up the phone to speak to the sports Minister in Dublin and ask how things were going. There had been no communication. That is scandalous. We must remember that we are hosting the European championships next year, and many people will be coming. I hope that our hooligan minority will not be stirred up, and that our well-behaved supporters will not try to make up for the way they were treated by taking out their frustration on supporters from Europe. Football supporters matter, and football matters, but it is also important for the credibility of this country that we host the championships properly next year. The World cup will be held in France in 1998 and, as my hon. Friend said, many people will be worried if England qualifies, as we hope that it will. They will be worried about going to watch England play in France if great attention is not paid to assisting our fans abroad. As Members of Parliament, we have to stand up for supporters who are going about the legitimate activity of watching a match abroad. We cannot put the matter aside and say that good supporters have to lumped together with the bad and receive the same treatment. It is not good enough to pass the buck. I am afraid that the football authorities will say that the problem is a matter for the Government and the Foreign Office, and the Home Office will say that it is a matter for the Department of National Heritage. It is important that someone in Government gets a grip on this serious issue, which will not go away. The Minister must respond quickly to the evidence presented by my hon. Friend the Member for Newham, North-West and the response must show that the Government are prepared to stand up for English citizens abroad."I would not attend another football match at this ground",
7.58 pm
This has been a useful debate. I do not wish to belittle any of the concerns raised by the hon. Members for Newham, North-West (Mr. Banks) or for Vauxhall (Miss Hoey), but the problem is that the hon. Gentleman's main contention was that police forces across Europe felt that it was fair game and open season to attack English fans because of their reputation.
Last season, according to my calculations, English clubs played some 17 matches in Europe. One or two of those 17 matches could have been extremely difficult, such as the Galatasaray match. We are concentrating on three out of the 17. I do not want in any way to belittle the difficulties that may have arisen at those matches, but it is perfectly possible for English clubs to play in Europe with large numbers of English fans supporting and spectating, with no difficulties whatever. The idea that somehow police forces overseas see English fans as fair game, and that it is not possible for English fans to attend matches in Europe without getting into difficulties is not borne out by facts. There is another difficulty, but again I do not want to belittle anything that the hon. Gentleman said. He read letters from a lot of people who had written to him regarding the three matches. Following those three matches—I have checked this carefully with officials from the Foreign Office, the Home Office and elsewhere within the Government—no football organisation or supporters organisation made any representations to us, either formally or informally. I suspect that the attitude of many was summed up by Monica Hartman, the deputy chairman of the Federation of Football Supporters Clubs, who—after the match in Bruges—commented:Well this time they were up against a police force who remember Heysel and the terrible loss of life caused by hooliganism in their capital city … I applaud the way the Belgian police rounded them up and locked them away in community centres. What else did they deserve if they entered the country without tickets?" In relation to this year's football season, we have not had representations from any of the official supporters clubs or the Football Association. I can assure the hon. Gentleman that, if concerns had been raised either by embassy staff who attended the matches or by the police—the hon. Gentleman knows that the UK police are present at all such matches—they would have been fully investigated. I have to say that concerns about the three matches were not raised either by consular staff or by the police."It is no good anybody trying to make excuses for these people who fell fou of the authorities in Bruges… I just hope that the actions of the Belgian police sends a message around the world to those other security forces who have been so lenient with the louts in the past. Some of them are not even house-trained let alone fit to be travelling abroad representing our country… They think that wherever they go they will strike fear into people.
Does not the Minister understand that he is identifying the problem? The fact is that the fans are getting so used to such treatment that they are not complaining. I am articulating—aggressively, perhaps—the frustration and anger that supporters feel. They believe that no one is interested, and that there is no point in complaining because all they will get is a stunningly complacent response from the Minister. I mentioned only a few matches, but I can give the Minister evidence from other matches.
There is nothing complacent about my response whatever. The hon. Gentleman and the hon. Lady raised concerns about specific matches. One would have thought that if the clubs or the associations that represent supporters had real concerns about the way in which matches were policed, they would certainly have gone to the Home Office or to ourselves to talk them through. The idea that the representatives of football in this country are not prepared to talk to the Home Office or the Foreign Office about their concerns is just unreasonable.
One accepts that the vast majority of supporters who go abroad have not been implicated in any of these events. The hon. Gentleman read out a litany of concerns from football spectators who felt that they had been treated unfairly by the police authorities in relation to the three matches. But it is also important to recognise the coverage following the Zaragoza v. Chelsea match. The Daily Star reported:"Chelsea's hooligan element shamed English soccer once again with a sickening charge on Spanish riot police.
Today said:Mindless thugs threw seats, coins and anything they could lay their hands on as they fought a pitched battle."
"Hundreds of Chelsea fans heaped more shame on English football with another display of mindless violence last night.
Thugs went on the rampage after their team went 3–0 down in the European Cup-Winners' Cup semi final in Spain against Real Zaragoza.
They ripped up plastic seats and hurled them at the police, who responded with a series of baton-wielding charges… trouble exploded in the section especially reserved for Chelsea fans. Again it was a mindless few who disgraced the club's name, just as they had in Belgium when they faced Bruges."
Is the Minister saying that because some mindless hooligans behave in a way that we all condemn, that justifies many people being treated in the way described by my hon. Friend'?
I do not accept that large numbers of people were brutalised in the way suggested by the hon. Gentleman.
In relation to the Arsenal match in Genoa against Sampdoria, some concerns were raised about people being detained in a car park for several hours. We received eight letters of complaint about that match. One cannot discuss the three matches that have been raised this evening as if they were instances of police forces suddenly deciding to beat up a few English fans. That is the way in which they have been presented this evening. What happened in three out of 17 matches this season—by any interpretation—was that a significant number of mindless thugs, who were, sadly, English, started to attack the police and other fans. Their actions resulted in a public order disturbance. When the police are trying to sort out large numbers of people misbehaving and causing violence late at night, I am afraid that occasionally some innocent people may get caught up in that. But it is neither fair nor reasonable to attack the police in those circumstances, as the hon. Gentleman has done, by asserting that they have gone on a bloodlust hunt and were simply seeking out English fans because they spoke English. The facts do not bear that out.The facts do bear it out. I do not know how much the Minister knows about football, nor do I know how many matches he has been to, either in this country or abroad. He is reading from a brief that has been prepared by someone who does not know anything about what happened at those matches. I have concentrated on those matches specifically because I thought that I would get only a short time to discuss the subject. I could refer to a range of other matches.
I suggest that the Minister speaks to his right hon. and learned Friend the Member for Putney (Mr. Mellor) about the experiences of some Manchester United supporters in Turkey. He should talk to hon. Members from Liverpool about the experiences that people from that area have had. I have a track record in this area, as I proved 10 years ago. The Minister should be listening, and not just reading out second or third-hand stuff from journalists who frankly did not understand what was happening.The hon. Gentleman is being selective if he chooses to ignore all that was written by the reporters and those who attended those matches. He should reflect on the fact that, if events occurred as he suggested, it is surprising that none of the journalists, English sports writers and those who attended the matches chose to comment on it. I do not belittle or dismiss the concerns that he raised, but he has been selective in his interpretation of the facts. The facts that he and the hon. Lady put forward do not support the contention that police forces throughout Europe are picking on English fans. It is perfectly possible for English fans to go to Europe and watch football matches peacefully.
We all share a common interest in and are committed to stamping out football hooliganism. Before every European match, officials from the Home Office, the Foreign Office and other Departments get together to see how it will be possible to minimise the difficulties that might occur. We in the Foreign Office seek to ensure that every party is kept in touch because, as the debate has made clear, a number of different Government organisations are involved. The Home Office is responsible for security and public order. It leads on issues arising from football hooliganism. The Department of National Heritage also has an interest in football policy, more broadly. The Football Unit of the National Criminal Intelligence Service collates police intelligence on persistent hooligans. It exchanges intelligence with foreign forces and plays a key role in identifying the troublemakers. Security advisers from the football associations and club officials are also directly involved in the pre-planning stage. The Foreign Office seeks to ensure that all those parties are in touch to help with arrangements on the ground and, most importantly, to help British nationals who get into trouble. Consular staff at our posts abroad are well placed for that task. They are intent on responding and being available if there is a breakdown in public order surrounding a football match.Will the Minister give way?
I shall give way to the hon. Lady in a moment.
The Minister has plenty of time to do so.
I know.
In her speech, the hon. Lady's hypothesis was to concentrate on two matches and suggest that those examples proved that every time English spectators went abroad, they would be attacked by European police and nothing would be done to help them. The facts do not support that contention, and it is important that the House understands some of the facts. Our consular staff know the local system and the language. Honorary consuls are often also involved. Those staff are involved right from the start in preparation and planning before a match. The level of staffing at a particular venue, and their deployment, is carefully worked out beforehand in consultation with local police. Their aim is to be able to react quickly to calls for help from those arrested, injured, or otherwise distressed. They need to know in advance whether ticketless fans are to be detained away from the match. One of the problems about a number of those matches is the number of people who turn up at the grounds without tickets. The consular staff need to know in which hospitals injured fans will be treated; where the troublemakers will be held; and how expulsion and deportation will be handled. When large numbers of fans are known to be travelling, not only consular staff are involved. The entire embassy staff and others will be deployed in and around the ground and at other relevant venues. We wish to play a substantial part in countering football hooliganism, and will continue to do so. We have agreed this evening that it is not a problem for Government alone. The football authorities, clubs and the fans themselves must take a stand against those who cause trouble. Obviously, we try to prevent football hooligans from travelling to matches abroad. As the hon. Gentleman said, courts have the power to impose restriction orders, which means that those convicted of football-related offences can be prevented from attending key matches. That applies to matches in the United Kingdom and abroad. Those subject to restriction orders must report to a police station while the match is taking place. As the hon. Gentleman said—his figures were slightly wrong—so far, only 26 restriction orders have been made. It is a reasonable inference that, given the small number of restriction orders that have been made, that scheme is not working as well as we would have wished. We are therefore considering ways in which it may be made more effective. The Home Office is reminding the courts and other interested parties of those powers. If we know the troublemakers, it may be sensible to impose restriction orders on them. Last season was not one of which anyone can be altogether proud. Sadly, there was a resurgence of violence on and off the pitch in the UK. It sometimes seemed likely that that rather unpleasant aspect of football might be an export item. We were acutely aware that there were six English teams involved in the three major European competitions this season. In the European Champions cup, Manchester United played in three matches. The game against Galatasaray in Istanbul in September last year had the potential to be the most difficult. The House will recall that it followed a previous encounter there, when six English fans were detained and some 180 were deported without seeing the game. The lessons of the past had been learned. There was close liaison between the clubs, police, UEFA and consular staff. We sent an official from the Consular Department in the Foreign Office to help, and that game went off perfectly peacefully. Directors of the club and Greater Manchester police were grateful for our contribution to the end result. The Manchester United-Galatasaray game in Istanbul, which started off the season last September, proves that it is possible for English teams to play in Europe and not get into difficulties. The same applies to the three English clubs represented in the UEFA cup. Fans from Newcastle United, Blackburn Rovers and Aston Villa travelled to Holland, Spain, Sweden, Italy and Turkey and there was no trouble at any of those matches. Indeed, the citizens of Bilbao paid tribute to the behaviour of Newcastle United supporters. So one must also ask why the Spanish police did not have to intervene on that occasion, and one can only conclude that they were not provoked as they were at Zaragoza. That means that the only difficulties resulted from the matches played in the European cup winners cup, and we have gone into those in considerable detail.Is the Minister suggesting that the Arsenal supporters behaved badly at the final in Paris and that no trouble was caused by the Newcastle supporters in some of their matches?
What I am saying to the hon. Lady is that the facts do not support the contention that French police suddenly decided to pick on or attack English supporters and spectators simply because they were English. I have made it clear this evening that it is perfectly possible—indeed, it frequently happens—for English clubs to go and watch matches in Europe with no difficulties whatever.
Will the Minister give way?
No; I will not give way again.
I accept without question that the vast majority of the football-watching public are innocent fans showing support for their chosen team. Of course I have sympathy with the resentment that they must feel about being regarded in the same light as thugs who are intent on causing trouble. Of course I deplore the inevitable occasions when any innocent fan is caught up in efforts to control troublemakers. [Interruption.] I say "inevitable" because we have all seen the disturbing and frightening images on our television screens. They give us only a hint of the chaos of a full-scale football riot and, in the face of a violent breakdown in law and order, decisions must he made by individual police officers in the blink of an eye. I know that no innocent supporter deserves to be harshly treated, and of course we all deplore that. I can only suggest that genuine fans do all that they can to keep well clear of those who attend a match but have no interest in the game. That goes for football clubs, too. Experience shows that the safest way to watch a game overseas is to travel with the supporters club party and heed its advice. It may cost more than travelling independently, but costs are not always about money. Naturally, our consular staff are there, seeking to help anyone who gets into trouble. I say to the hon. Members for Newham, North-West and for Vauxhall, who repeatedly jump up and down, that if Arsenal or Chelsea feel that they have genuine worries about the way in which the Foreign Office or the Home Office help to contribute to the organising of overseas matches, I shall be delighted to meet them. However, neither Chelsea, Arsenal nor any other football club or football organisation sought to visit Ministers to express anxieties about any aspect of the past season. That is because those clubs, I believe, recognise that the Foreign Office, the Home Office and all the other organisations involved have been, and are, working extremely hard to try to ensure that English spectators, when they go to Europe to watch matches, can have an enjoyable time, watch a match and return safely.I am trying to communicate to the Minister the fact that those people do not come to visit him and they do not complain because it is a waste of time. If I may say so, his speech is clear evidence that it would be a waste of time. He appears to have dismissed all the evidence that I have given tonight as being of no great concern because it relates to only three matches. Next time, I shall produce evidence from all the other matches as well.
It is outrageous that the Minister appears not to be prepared to accept that that evidence is genuine and that he shows no concern about what is going on. Those organisations do not come and see him because, on the evidence, it seems to be a rightful assumption that they will get short shrift from him.But all the football organisations are co-operating and working with the Foreign Office day in, day out, throughout the year, as are the police forces, as are the relevant organisations. It is a picture of continuing co-operation. They do not mention, and have not mentioned, the anxieties that the hon. Gentleman expressed, not because they believe that we are insensitive to them but because they recognise that co-operation takes place to ensure that English spectators may travel overseas and watch matches safely. I am saying to the hon. Gentleman that the speeches that he and the hon. Member for Vauxhall made this evening have not fairly reflected either this season or the work that is carried out by the Home Office, the Foreign Office and English clubs.
If any football organisation, football spectators organisation, football supporters organisation or football club feels that there is a scintilla of a shadow of a suggestion of truth in the proposition that both hon. Members advanced this evening—that European police forces are declaring open season on English fans—I very much hope that they will seek out Home Office and Foreign Office Ministers to talk us through that, because I shall be keen to listen to what they have to say. None of them has sought to do so, because they know, as we know, and as the House knows, that that contention simply is not true.Question put and agreed to.Adjourned accordingly at twenty-three minutes past Eight o'clock.