§ 5.30 p.m.
§ Mr. Deputy-SpeakerWe now come to the three Amendments concerned with the word "directly", and I think that it would be convenient to the House if, together with Amendment No. 9, we discussed Amendments No. 10 and No. 11.
§ Mr. PeytonNot at all.
Mr. LeeOh, yes. There was a slight misunderstanding in Committee which resulted in a Government defeat. It was a misunderstanding about pairing, of 1151 which you may or may not have heard, Mr. Deputy-Speaker, and which takes place from time to time. It was complicated by the requirement of one of my hon. Friends, who had to leave the Committee rather hurriedly.
§ Mr. Deputy-SpeakerI am fascinated, but this is completely out of order. I hope that the right hon. Gentleman will come to the Amendment.
§ Mr. PeytonOn a point of order. I am rather sorry that the right hon. Gentleman has raised all this. He has made allegations about pairs, and so on, which are not normally discussed on the Floor of the House, allegations to which I shall have no opportunity of replying. I am trying to explain the embarrassment which I feel at not being able to refer to the last comment which the right hon. Gentleman made quite illegitimately.
§ Mr. Deputy-SpeakerI will deal with the hon. Member for Yeovil (Mr. Peyton) when he speaks, but I think I can say that I shall see that he is given an opportunity of remaining out of order for as long as the right hon. Gentleman has been.
Mr. LeeI can promise the hon. Gentleman a pair the next time he asks for one.
The reasons for retaining "directly" in Clause 7 were argued in Committee, but I will repeat some of them. Clause 7 provides a means for landowners in the storage area to get compensation for depreciation in the value of their interests which may occur when the storage is authorised. My hon. Friend the Parliamentary Secretary pointed out that instead of having to wait until the gas authority acquired storage rights under their land, which might be a very protracted period, this provision would enable owners to claim compensation for any injurious affection when the storage is authorised.
Compensation for injurious affection ought to be assessed on the same principles as compensation for injurious affection under the Lands Clauses Acts as compensation under the Clause to some extent would be an advance instalment of compensation under those Acts and in any case analagous to it. The rule 1152 which the courts apply in cases of compensation for injurious affection is that the damage must flow directly from the acquisition of the land in question.
Since compensation under Clause 7 is either a foretaste of or similar to compensation for the acquisition of the right to store gas, it is our view that it follows that any depreciation for which compensation is claimed under Clause 7 should be directly attributable to the making of the storage authorisation order and that the Clause should not extend the scope of the existing law on compensation.
There are other reasons for our considering it necessary to restore the word "directly" in Clause 7. The first is the presence of "directly" in Clauses 8 and 9.
§ Mr. PeytonIt would shorten proceedings considerably if the right hon. Gentleman wants it this way, for if he wants the Bill balanced, either the "directly" which has been left out should be restored, or the other two should be left out. That is a very reasonable alternative. If the right hon. Gentleman would like to propose that, we would be very happy to leave out the other two "directlys".
Mr. LeeI am sure that the hon. Gentleman is trying to be extremely helpful, but what I was proposing was that we should put back this "directly". We can discuss later whether the House should accept the solution which he has now suggested.
I was saying that we considered it necessary to restore "directly" in Clause 7 because of its presence in Clauses 8 and 9. Although those Clauses are concerned with compensation for a different cause, namely, the loss or damage which may result if the Minister refuses his consent to controlled operations, or if he attaches conditions to his consent, the hon. Gentleman and his hon. Friends have argued that all three Clauses should be consistent and have suggested Amendments with that purpose in view.
As will be shown when those Amendments are discussed, the use of "directly" in these Clauses follows well-established precedents and was accepted as right by the previous Government, of which the hon. Member for Yeovil was a 1153 member. It would, therefore, be inconsistent with these precedents not to include "directly" in Clauses 8 and 9. However, if the word were to be omitted from Clause 7, that would raise the suspicion that a difference was intended. We intend no difference. Our view is that Clause 7 and the other two Clauses should say what is meant, which is that the depreciation, loss or damage should flow directly from the order or decision in question.
I believe that this is a sensible thing to do and I hope that the hon. Gentleman will agree that, because of the reasons which I have advanced, it would be wrong for us to leave the position as the Committee left it. I hope that now that they have had some fun and games, the Opposition will agree to the Amendments.
§ Mr. Patrick JenkinI can assuredly agree with the right hon. Gentleman that we want on all three occasions the wording to be the same. This would seem to be essential. Something must, therefore, be done at this stage. The Committee decided that the word "directly" should be eliminated from Clause 7, but failed to decide that it should be eliminated from the other two Clauses.
The intention of Clause 7 has been succinctly put by the right hon. Gentleman. Broadly, it is to provide for compensation to be paid to land owners during that period between the making of a storage authorisation order and the acquisition of storage rights by the gas authority. The compensation covers any depreciation in the value of his land.
It seems to me that the use of the word "directly" must limit the right to claim compensation, and this is really the basis of our objection. In Committee, the Parliamentary Secretary supported the inclusion of the word broadly on three grounds which have been echoed by the Minister this afternoon. He conceded that it was probable that the courts would construe the Clause, even if the word "directly" was not in it, in the same way as if it were. That is to say, the word "directly" would probably not add anything to the meaning of the Clause.
The hon. Gentleman went on to argue that there was some degree of un- 1154 certainty about the matter, and that to avoid unnecessary litigation the uncertainty should be removed by including the word "directly". He argued that it was the intention of the Government that compensation should be paid only when the damage flowed directly from the Minister's decision, or, to use the words of the Clause,
when the depreciation is attributable to the Minister's decision".The hon. Gentleman supported the inclusion of the word "directly", and said that this was the same as in the provisions for compensation governing injurious affection under the Land Consolidation Acts, and he also mentioned the position under contract and tort. Our view is that either the word is unnecessary, that it adds nothing to the meaning of the Clause, that it is completely otiose and surplus verbiage, without which we would do very much better, or, if it means anything at all, it is restrictive. It limits the right to compensation. It limits the right of a claimant who finds himself in a position to claim compensation for depreciation attributable to the Minister's decision.One has to have regard to the effect that the word will have on a judge. It will suggest to him that he should take into account only depreciation which is directly attributable, and he should therefore eliminate from any question of compensation depreciation which is indirectly attributable. He cannot on any account take notice of depreciation which is not attributable to the Minister's decision, and clearly we would regard that as right. Is it right, however, that there should be any form of depreciation of the value of land which, ex hypothesi, is attributable to the Minister's decision, but which must be left out of account? We submit that this cannot be right.
With regard to compensation for injurious affection under the Land Clauses Consolidation Act, I would assume that the right hon. Gentleman was referring to Section 63 of the 1845 Act. It is a very long section, and I shall not read it all, but it may interest the right hon. Gentleman to know that nowhere in that Section does the word "directly" appear. It was not regarded as necessary, and it has not been regarded as necessary to achieve what the right hon. Gentleman wants to achieve.
1155 After saying what the compensation should be, it says that
also the damage, if any, to be sustained by the owner of the lands by reason of the severing of the lands taken from the other lands of such owner, or otherwise injuriously affecting such other lands by the exercise of the powers …There is no suggestion that the damage must flow "directly" from the exercise of the compulsory purchase rights. I submit that so far from assisting the right hon. Gentleman's case, the example which he and his hon. Friend have chosen assists our case. The word "directly" is unnecessary, and adds nothing.I also submit that the examples from contract and tort are not helpful. In relation to the law of tort—and we had some argument about this in Committee—one thinks of the effect of the re Polemis case and the Wagon Mound case. If one examines the authorities, one sees that the word has an extending effect. In the re Polemis case the defendant was made liable for the damage, whether it was foreseen or not, provided that it flowed directly from the original cause. Therefore, in that case it is an entirely topsy turvy argument and is of no assistance.
5.45 p.m.
In contrast, the law is to be found in the cases of Hadley v. Baxendale and Victoria Laundry v. Newman. There the whole emphasis is on predictability, what could be reasonably foreseen as flowing from the breach of the contract, or what the parties foresaw. When one is dealing with a case of this sort, foreseeability is hardly a suitable test.
I submit that there is no good reason for the inclusion of the word "directly" in this clause. It imposes too onerous a burden on the claimant. If it means anything at all, it would limit his right to compensation and it could deprive him of compensation for damage which, ex hypothesi, is none the less attributable to the Minister's decision.
It cannot be the intention of the Government in dealing with this important new matter to which reference has already been made, that they should do anything to add to public disquiet, or in any way limit the rights of those who are likely to be affected by the exercise of the powers under the Bill when it becomes an Act. I submit that it is better to leave out 1156 the word in all three places, and in each case to leave the right to compensation to be for the depreciation, or loss or damage, or whatever it may be, which is attributable to the Minister's decision. The bare words are sufficient.
Dr. BennettAs one who was not involved in the Committee stage of the Bill, and who is not a lawyer, I find the argument advanced by my hon. Friends overwhelmingly positive. It seems quite absurd that if the Minister is liable he should be able to get away with it because he could not he proved to be directly liable.
That seems to be the gist of the argument, and it would appear that the right hon. Gentleman's attempt to put the word "directly" back into the Bill is to enable him to evade some of the responsibility for which he is properly to be held liable, and to add to the duty and the difficulties of the person who has been injuriously affected, by making him prove direct liability, as opposed to any indirect liability which may be self-evident.
On the strength of that, I would have thought that it was vital that this word "directly" should not exist in the Clause, and I would support my hon. Friends in resisting it.
§ Mr. PeytonNever in my recollection have I seen the right hon. Gentleman looking so unhappy and so miserable as he was when deploying the meagre argument to which he treated the House. Whether he was oppressed by the lack of merit in his argument, or by the presence on his mind and conscience of some other darker things about which we shall hear more later, I do not know.
Mr. LeeOn a point of order. Mr. Deputy-Speaker, are we allowed to refer to matters which are not within the scope of the Amendment?
§ Mr. Deputy-SpeakerI have not the slightest idea what dark things the hon. Member is referring to at the moment. I think, however, that he is dealing with the argument advanced by the right hon. Member.
§ Mr. PeytonMr. Deputy-Speaker, I feel sure that you would not question my right to avail myself of any argument with which the Minister presented me, 1157 and I was merely commenting on the obvious unhappiness with which he deployed what I have already described as his meagre argument. I do not propose to press the matter any further.
§ Mr. Deputy-SpeakerIf the hon. Member had been out of order I would have called him to order.
§ Mr. PeytonI am obliged, Mr. Deputy-Speaker.
There is one important point which I should like to mention before I come to the Amendment. One of those rare misprints crept in at column 284 of the OFFICIAL REPORT of the Standing Committee. The word "asinine" was spelt with two "s's". I have always understood that it was spelt with one, and that to spell it with two does not necessarily add to its weight. It may be thought an unimportant point, but as "asinine" will clearly be a word to which my right hon. and hon. Friends will frequently need to resort, in charity, in describing the antics of the Government, I hope that we can be assured that the spelling of this important word will be correct in future.
§ Mr. Deputy-SpeakerThe hon. Member has now been out of order long enough. Honours are even between both sides.
§ Mr. PeytonI would not dream of contesting your Ruling, Mr. Deputy-Speaker.
My hon. Friend the Member for Wanstead and Woodford (Mr. Patrick Jenkin), who played a most distinguished part in our proceedings in Committee, has deployed a powerful case. There is nothing in the Minister's argument to weaken what my hon. Friend has said. I do not want to repeat the arguments which my hon. Friend has adduced, nor do I want to go at length into the arguments raised in Committee. It would be very wrong of me to attempt, at this stage, to embark upon a lecture on the tempting subject of the remoteness of damage.
I will content myself with quoting the Parliamentary Secretary, who, in Committee, said:
Looking very closely at the word 'directly' in this Clause. I am advised that the courts would probably apply the same rule to Clause 7 even if the word 'directly' were omitted."—[OFFICIAL RFPORT, Standing Committee B, 25th March, 1965; c. 283–4.]1158 He repeated those words shortly afterwards to give them further weight. The Government cannot have it both ways.
§ Mr. John MorrisHaving been so kind as to quote what I said on this point, and having tried unsuccessfully to stretch it, will the hon. Member add that I continued to the effect that it would be better that Statutes should be properly phrased and defined in order to remove all doubt?
§ Mr. PeytonThe Parliamentary Secretary will doubtless attempt to catch your eye, Mr. Deputy-Speaker, if he wishes to do so, and he can then repeat any parts of the speech that he made in Committee. I am being quite fair in reminding the House that he said, with emphasis, that he was advised—and he repeated this—that the courts would take the same view either way, whether or not the word was omitted. If that is the case the Government will lose nothing by leaving the word out in all three instances.
We believe that the insertion of the word could involve a fettering of the rights of the individual, and that it would be wrong so to do, especially in this instance. The Minister referred to a "slight misunderstanding". I shall not even avail myself of your kind promise, Mr. Deputy-Speaker, to allow me to speak for roughly 30 seconds while out of order, but there was no slight misunderstanding in Committee; the Question was put and, for once, the merits of the argument prevailed and the Government failed to produce their majority. If, on the two subsequent occasions, merit and justice were wasted, this was not our fault. We put the point on both occasions and divided the Committee, but by this time the trumpets had sounded and the Government's legions had obeyed the call. The right hon. Gentleman was not even an eye-witness on those occasions.
It is very nice to return to a situation of agreement and harmony with the right hon. Gentleman. These moments do not come along too often. I agree with him that it would be wrong to leave the position as it is. It would be absurd. My hon. Friends and I are suggesting that the word "directly" should be omitted in the two instances where it now remains, it having been already removed by a far-sighted decision of the Committee in the other case.
1159 The right hon. Gentleman's answer today was anything but convincing. He has not done anything to meet the arguments deployed in Committee. The points made by my hon. Friend the Member for Wanstead and Woodford have the day every time, and in the circum-
§ stances the only things that I can do is to advise my hon. Friends to give effect to their views in the Division Lobby.
§ Question put, That "directly" be there inserted in the Bil:—
§ The House divided: Ayes 197, Noes 166.
1161| Division No. 101.] | AYES | [5.55 p.m. |
| Allaun, Frank (Salford, E.) | Horner, John | Page, Derek (King's Lynn) |
| Alldritt, Walter | Houghton, Rt. Hn. Douglas | Paget, R. T. |
| Allen, Scholefield (Crewe) | Howarth, Harry (Wellingborough) | Palmer, Arthur |
| Armstrong, Ernest | Howarth, Robert L. (Bolton, E.) | Pannell, Rt. Hn. Charles |
| Atkinson, Norman | Howell, Denis (Small Heath) | Pargiter, G. A. |
| Bacon, Miss Alice | Howie, W. | Parker, John |
| Barnett, Joel | Hoy, James | Pavitt, Laurence |
| Baxter, William | Hughes, Emrys (S. Ayrshire) | Pearson, Arthur (Pontypridd) |
| Beaney, Alan | Hughes, Hector (Aberdeen, N.) | Pentland, Norman |
| Bence, Cyril | Hunter, Adam (Dunfermline) | Perry, Ernest G. |
| Benn, Rt. Hn. Anthony Wedgwood | Hunter, A. E. (Feltham) | Popplewell, Ernest |
| Bessell, Peter | Hynd, H. (Accrington) | Prentice, R. E. |
| Binns, John | Hynd, John (Atterclitfe) | Price, J. T. (Westhoughton) |
| Blackburn, F. | Irvine, A. J. (Edge Hill) | Probert, Arthur |
| Blenkinsop, Arthur | Janner, Sir Barnett | Pursey, Cmdr. Harry |
| Boardman, H. | Jenkins, Hugh (Putney) | Randall, Harry |
| Boston, T. G. | Jenkins, Rt. Hn. Roy (Stechford) | Redhead, Edward |
| Bowden, Rt. Hn. H. W. (Leics S. W.) | Johnson,James(K'ston-on-Hull,W.) | Rees, Merlyn |
| Braddock, Mrs. E. M. | Johnston, Russell (Inverness) | Rhodes, Geoffrey |
| Bradley, Tom | Jones, Dan (Burnley) | Roberts, Albert (Normanton) |
| Bray, Dr. Jeremy | Jones, J. Idwal (Wrexham) | Robertson, John (Paisley) |
| Brown, Hugh D. (Glasgow, Provan) | Jones, T. W. (Merioneth) | Robinson,Rt.Hn.K.(St.Pancras,N.) |
| Buchan, Norman (Renfrewshire, W.) | Kelley, Richard | Rogers, George (Kensington, N.) |
| Butler, Herbert (Hackney, C.) | Kenyon, Clifford | Ross, Rt. Hn. William |
| Butler, Mrs. Joyce (Wood Green) | Kerr, Dr. David (W'worth, Central) | Sheldon, Robert |
| Carmichael, Neil | Lawson, George | Shinwell, Rt. Hn. E. |
| Chapman, Donald | Leadbitter, Ted | Shore, Peter (Stepney) |
| Craddock, George (Bradford, S.) | Lee, Rt. Hn. Frederick (Newton) | Short,Rt.Hn.E.(N'c'tle-on-Tyne,C.) |
| Crossman, Rt. Hn. R. H. S. | Lever, L. M. (Ardwick) | Silkin, John (Deptford) |
| Dalyell, Tam | Lewis, Arthur (West Ham, N.) | Silverman, Julius (Aston) |
| Darling, George | Lewis, Ron (Carlisle) | Silverman, Sydney (Nelson) |
| Davies, G. Elfed (Rhondda, E.) | Lomas, Kenneth | Slater, Mrs. Harriet (Stoke, N.) |
| Davies, Harold (Leek) | Loughlin, Charles | Slater, Joseph (Sedgefield) |
| Davies, Ifor (Gower) | Lubbock, Eric | Small, William |
| Davies, S. O. (Merthyr) | McBride, Neil | Soskice, Rt. Hn. Sir Frank |
| Delargy, Hugh | McCann, J. | Steel, David (Roxbu[...]gh) |
| Dell, Edmund | MacColl, James | Steele, Thomas (Dunbartonshire, W.) |
| Dempsey, James | MacDermot, Niall | Stonehouse, John |
| Driberg, Tom | McGuire, Michael | Stones, William |
| Duffy, Dr. A. E. P. | McKay, Mrs. Margaret | Summerskill, Dr. Shirley |
| Edwards, Rt. Hn. Ness (Caerphilly) | Mackenzie, Alasdair(Ross&Crom'ty) | Symonds, J. B. |
| English, Michael | Mackenzie, Gregor (Rutherglen) | Thomas, George (Cardiff, W.) |
| Ensor, David | Mackie, George Y. (C'ness & S'land) | Thomson, George (Dundee, E.) |
| Fernyhough, E. | MacPherson, Malcolm | Thornton, Ernest |
| Finch, Harold (Bedwellty) | Mahon, Peter (Preston, S.) | Tinn, James |
| Fletcher, Ted (Darlington) | Manuel, Archie | Tuck, Raphael |
| Fletcher, Raymond (Ilkeston) | Mapp, Charles | Urwin, T. W. |
| Ford, Ben | Mason, Roy | Wainwright, Edwin |
| Freeson, Reginald | Mayhew, Christopher | Walker, Harold (Doncaster) |
| Galpern, Sir Myer | Mellish, Robert | Wallace, George |
| Ginsburg, David | Mikardo, Ian | Warbey, William |
| Gourlay, Harry | Millan, Bruce | Watkins, Tudor |
| Gregory, Arnold | Miller, Dr. M. S. | Weitzman, David |
| Griffiths, David (Rother Valley) | Milne, Edward (Blyth) | Whitlock, William |
| Griffiths, Rt. Hn. James (Llanelly) | Molloy, William | Wilkins, W. A. |
| Hamilton, James (Bothwell) | Morris, Charles (Openshaw) | Williams, Alan (Swansea, W.) |
| Hamilton, William (West Fife) | Morris, John (Aberavon) | Williams, Clifford (Abertillery) |
| Hamling, William (Woolwich, W.) | Murray, Albert | Willis, George (Edinburgh, E.) |
| Harrison, Walter (Wakefield) | Neal, Harold | Wilson, William (Coventry, S.) |
| Hart, Mrs. Judith | Newens, Stan | Winterbottom, R. E. |
| Hazell, Bert | Noel-Baker, Francis (Swindon) | Woodburn, Rt. Hn. A. |
| Henderson, Rt. Hn. Arthur | Norwood, Christopher | Woof, Robert |
| Herbison, Rt. Hn. Margaret | Ogden, Eric | Zilliacus, K. |
| Hill, J. (Midlothian) | O'Malley, Brian | |
| Hobden, Dennis (Brighton, K'town) | Orme, Stanley | TELLERS FOR THE AYES: |
| Holman, Percy | Oswald, Thomas | Mr. Harper and Mr. Grey |
| Hooson, H. E. | Owen, Will | |
| NOES | ||
| Allason, James (Hemel Hempstead) | Foster, Sir John | Monro, Hector |
| Anstruther-Gray, Rt. Hn. Sir W. | Giles, Rear-Admiral Morgan | More, Jasper |
| Astor, John | Glover, Sir Douglas | Morrison, Charles (Devizes) |
| Atkins, Humphrey | Goodhew, Victor | Mott-Radclyffe, Sir Charles |
| Awdry, Daniel | Grant, Anthony | Nicholls, Sir Harmar |
| Baker, W. H. K. | Grant-Ferris, B. | Nicholson, Sir Godfrey |
| Barlow, Sir John | Gresham-Cooke, R. | Nugent, Rt. Hn. Sir Richard |
| Batsford, Brian | Grieve, Percy | Onslow, Cranley |
| Beamish, Col. Sir Tufton | Griffiths, Eldon (Bury St. Edmunds) | Osborn, John (Hallam) |
| Bell, Ronald | Griffiths, Peter (Smethwick) | Osborne, Sir Cyril (Louth) |
| Bennett, Sir Frederic (Torquay) | Hall, John (Wycombe) | Page, R. Graham (Crosby) |
| Bennett, Dr. Reginald (Gos & Fhm) | Hall-Davies, A. G. F. | Pearson, Sir Frank (Clitheroe) |
| Berry, Hn. Anthony | Hamilton, Marquess of (Fermanagh) | Peyton, John |
| Bingham, R. M. | Hamilton, M. (Salisbury) | Pickthorn, Rt. Hn. Sir Kenneth |
| Binns, John | Harris, Frederic (Croydon, N.W.) | Pitt, Dame Edith |
| Birch, Rt. Hn. Nigel | Harris, Reader (Heston) | Price, David (Eastleigh) |
| Black, Sir Cyril | Harrison, Brian (Maldon) | Pym, Francis |
| Bossom, Hn. Clive | Harrison, Col. Sir Harwood (Eye) | Ramsden, Rt. Hn. James |
| Box, Donald | Harvey, Sir Arthur Vere (Maccles'd) | Rawlinson, Rt. Hn. Sir Peter |
| Boyd-Carpenter, Rt. Hn. J. | Hawkins, Paul | Redmayne, Rt. Hn. Sir Martin |
| Boyle, Rt. Hn. Sir Edward | Heald, Rt. Hn. Sir Lionel | Ridsdale, Julian |
| Braine, Bernard | Higgins, Terence L. | Roots, William |
| Brewis, John | Hill, J. E. B. (S. Norfolk) | Scott-Hopkins, James |
| Brinton, Sir Tatton | Hordern, Peter | Smith, Dudley (Br'ntfd & Chiswick) |
| Bromley-Davenport,Lt.-Col.Sir Walter | Hornby, Richard | Spearman, Sir Alexander |
| Brooke, Rt. Hn. Henry | Howe, Geoffrey (Bebington) | Stainton, Keith |
| Brown, Sir Edward (Bath) | Hunt, John (Bromley) | Stanley, Hn. Richard |
| Buchanan-Smith, Alick | Irvine, Bryant Godman (Rye) | Stodart, Anthony |
| Buck, Antony | Jenkin, Patrick (Woodford) | Stoddart-Scott, Col. Sir Malcolm |
| Butcher, Sir Herbert | Jennings, J. C. | Studholme, Sir Henry |
| Carr, Rt. Hn. Robert | Johnson Smith, G. (East Grinstead) | Summers, Sir Spencer |
| Cary, Sir Robert | Jopling, Michael | Taylor, Sir Charles (Eastbourne) |
| Channon, H. P. G. | Kerr, Sir Hamilton (Cambridge) | Taylor, Frank (Moss Side) |
| Chichester-Clark, R. | Kilfedder, James A. | Thatcher, Mrs. Margaret |
| Clark, Henry (Antrim, N.) | Kimball, Marcus | Tiley, Arthur (Bradford, W.) |
| Clark, William (Nottingham, S.) | King, Evelyn (Dorset, S.) | Tilney, John (Wavertree) |
| Cole, Norman | Kitson, Timothy | Turton, Rt. Hn. R. H. |
| Cooke, Robert | Lancaster, Col. C. G. | Tweedsmuir, Lady |
| Cooper, A. E. | Legge-Bourke, Sir Harry | van Straubenzee, W. R. |
| Cooper-Key, Sir Neill | Lloyd,Rt.Hn.Geoffrey(Sut'nC'dfield) | Walder, David (High Peak) |
| Cordle, John | Lloyd, Rt. Hn. Selwyn (Wirral) | Walker, Peter (Worcester) |
| Costain, A. P. | Longden, Gilbert | Walker-Smith, Rt. Hn. Sir Derek |
| Courtney, Cdr. Anthony | Lucas, Sir Jocelyn | Walters, Dennis |
| Craddock, Sir Beresford (Spelthorne) | McAdden, Sir Stephen | Ward, Dame Irene |
| Crawley, Aidan | MacArthur, Ian | Weatherill, Bernard |
| Crowder, F. P. | McLaren, Martin | Wells, John (Maidstone) |
| Cunningham, Sir Knox | Maclean, Sir Fitzroy | Whitelaw, William |
| Dalkeith, Earl of | McNair-Wilson, Patrick | Williams, Sir Rolf Dudley (Exeter) |
| Dance, James | Maginnis, John E. | Wills, Sir Gerald (Bridgwater) |
| Dean, Paul | Marten, Neil | Wilson, Geoffrey (Truro) |
| Dighy, Simon Wingfield | Maude, Angus | Wise, A. R. |
| Doughty, Charles | Mawby, Ray | Wolrige-Gordon, Patrick |
| Douglas-Home, Rt. Hn. Sir Alec | Maxwell-Hyslop, R. J. | Wood, Rt Hn. Richard |
| Eden, Sir John | Meyer, Sir Anthony | Woodhouse, Hn. Christopher |
| Elliot, Capt. Walter (Carshalton) | Mills, Peter (Torrington) | |
| Farr, John | Mills, Stratton (Belfast, N.) | TELLERS FOR THE NOES: |
| Mr. R. W. Elliott and Mr. Ian Fraser. |