HC Deb 28 January 1971 vol 810 cc1079-100

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

The Committee divided: Ayes 297, Noes 255.

Division No. 109.] AYES [4.32 a.m.
Adley, Robert Bell, Ronald Braine, Bernard
Alison, Michael (Barkston Ash) Bennett, Dr. Reginald (Gosport) Bray, Ronald
Allason, James (Hemel Hempstead) Benyon, W. Brewis, John
Archer, Jeffrey (Louth) Berry, Hn. Anthony Brinton, Sir Tatton
Astor, John Biffen, John Brocklebank-Fowler, Christopher
Atkins, Humphrey Biggs-Davison, John Brown, Sir Edward (Bath)
Awdry, Daniel Blaker, Peter Bruce-Gardyne, J.
Baker, Kenneth (St. Marylebone) Boardman, Tom (Leicester, S.W.) Bryan, Paul
Baker, W. H. K. (Banff) Body, Richard Buchanan-Smith, Alick(Angus,N&M)
Balniel, Lord Boscawen, Robert Buck, Antony
Barber, Rt. Hn. Anthony Bossom, Sir Clive Bullus, Sir Eric
Batsford, Brian Bowden, Andrew Burden, F. A.
Beamish, Col. Sir Tufton Boyd-Carpenter, Rt. Hn. John Butler, Adam (Bosworth)
Carlisle, Mark Hiley, Joseph Owen, Idris (Stockport, N.)
Carr, Rt. Hn, Robert Hill, John E. B. (Norfolk, S.) Page, Graham (Crosby)
Channon, Paul Hill, James (Southampton, Test) Page, John (Harrow, W.)
Chapman, Sydney Holland, Philip Parkinson, Cecil (Enfield, W.)
Chataway, Rt. Hn. Christopher Holt, Miss Mary Peel, John
Chichester-Clark, R. Hordern, Peter Percival, Ian
Churchill, W. S. Hornby, Richard Peyton, Rt. Hn. John
Clark, William (Surrey, E.) Hornsby-Smith,Rt.Hn.Dame Patricia Pike, Miss Mervyn
Clarke, Kenneth (Rushcliffe) Howe, Hn, Sir Geoffrey (Reigate) Pink, R. Bonner
Cockeram, Eric Howell, David (Guildford) Pounder, Rafton
Cooke, Robert Howell,Ralph (Norfolk, N.) Powell, Rt. Hn. J. Enoch
Coombs, Derek Hunt, John Price, David (Eastleigh)
Cooper, A. E. Hutchison, Michael Clark Proudfoot, Wilfred
Cordle, John Iremonger, T. L. Pym, Rt. Hn. Francis
Corfield, Rt. Hn. Frederick James, David Quennell, Miss J. M.
Cormack, Patrick Jenkin, Patrick (Woodford) Raison, Timothy
Castain, A. P. Jessel, Toby Ramsden, Rt. Hn. James
Critchley, Julian Johnson Smith, G. (E. Grinstead) Rawlinson, Rt. Hn, Sir Peter
Crouch, David Jopling, Michael Redmond, Robert
Crowder, F. P. Joseph, Rt. Hn. Sir Keith Reed, Laurance (Bolton, E.)
Curran, Charles Kellett, Mrs. Elaine Rees, Peter (Dover)
Davies, Rt. Hn. John (Knutsford) Kershaw, Anthony Renton, Rt. Hn. Sir David
d'Avigdor-Goldsmid, Sir Henry Kilfedder, James Rhys Williams, Sir Brandor
d'Avigdor-Goldsmid, Maj.-Gen. Jack Kimball, Marcus Ridley, Hn. Nicholas
Dean, Paul King, Evelyn (Dorset, S.) Ridsdale, Julian
Deedes, Rt. Hn. W. F. King, Tom (Bridgwater) Roberts, Michael (Cardiff, N.)
Digby, Simon Wingfield Kinsey, J. R. Roberts, Wyn (Conway)
Dixon, Piers Kirk, Peter Rodgers, Sir John (Sevenoaks)
Dodds-Parker, Douglas Kitson, Timothy Rossi, Hugh (Hornsby)
Douglas-Home, Rt. Hn. Sir Alec Knight, Mrs. Jill Rost, Peter
Drayson, G. B. Knox, David Royle, Anthony
du Cann, Rt. Hn. Edward Lambton, Antony Russell, Sir Ronald
Eden, Sir John Lane, David St. John-Stevas, Norman
Edwards, Nicholas (Pembroke) Langford-Holt, Sir John Scott, Nicholas
Elliot, Capt. Walter (Carshalton) Legge-Bourke, Sir Harry Shaw, Michael (Sc'b'gh & Whitby)
Elliott, R. W. (N'c'tle-upon-Tyne,N.) Le Marchant, Spencer Shelton, William (Clapham)
Emery, Peter Lewis, Kenneth (Rutland) Simeons, Charles
Eyre, Reginald Lloyd, Ian (P'tsm'th, Langstone) Sinclair, Sir George
Farr, John Longden, Gilbert Skeet, T. H. H.
Fell, Anthony Loveridge, John Smith, Dudley (W'wick & L'mington)
Fanner, Mrs. Peggy McAdden, Sir Stephen Soref, Harold
Fidler, Michael MacArthur, Ian Speed, Keith
Fineberg, Geoffrey (Hampstead) McCrindle, R. A. Spence, John
Fletcher-Cooke, Charles McLaren, Martin Sproat, Iain
Fookes, Miss Janet Maclean, Sir Fitzroy Stainton, Keith
Fortescue, Tim McMaster, Stanley Stanbrook, Ivor
Foster, Sir John Macmillan, Maurice (Farnham) Stewart-Smith, D. G. (Belper)
Fowler, Norman McNair-Wilson, Michael Stoddart-Scott, Col. Sir M.
Fox, Marcus McNair-Wilson, Patrick (New Forest) Stokes, John
Fraser,Rt.Hn.Hugh(St'fford & Stone) Madden, Martin Stuttaford, Dr. Tom
Fry, Peter Madel, David Sutcliffe, John
Galbraith, Hn. T. G. Maginnis, John E. Tapsell, Peter
Gardner, Edward Marples, Rt. Hn. Ernest Taylor, Sir Charles (Eastbourne)
Gibson-Watt, David Marten, Nell Taylor,Edward M.(G'gow,Cathcart)
Gilmour, Ian (Norfolk, C.) Mather, Carol Taylor, Frank (Moss Side)
Gilmour, Sir John (Fife, E.) Maude, Angus Taylor, Robert (Croydon, N.W,)
Glyn, Dr. Alan Maudling, Rt. Hn. Reginald Tebbit, Norman
Goodhart, Philip Mawby, Ray Temple, John M.
Goodhew, Victor Maxwell-Hyslop, R. J. Thatcher, Rt. Hn. Mrs. Margaret
Gorst, John Meyer, Sir Anthony Thomas, John Stradling (Monmouth)
Gower, Raymond Mills, Peter (Torrington) Thomas, Rt Hn. Peter (Hendon, S.)
Grant, Anthony (Harrow, C.) Mills, Stratton (Belfast, N.) Thompson, Sir Richard (Croydon, S.)
Gray, Hamish Miscampbell, Norman Tilney, John
Green, Alan Mitchell,Lt.-Col.C(Aberdeenshire,W) Trafford, Dr. Anthony
Grieve, Percy Mitchell, David (Basingstoke) Trew, Peter
Griffiths, Eldon (Bury St. Edmunds) Moate, Roger Tugendhat, Christopher
Grylls, Michael Molyneaux, James Turton, Rt, Hn. R. H.
Gummer, Selwyn Money, Ernle Vaughan, Dr. Gerard
Gurden, Harold Monks, Mrs. Connie Vickers, Dame Joan
Hall, Miss Joan (Keighley) Monro, Hector Waddington, David
Hall-Davis, A. G. F. Montgomery, Fergus Welder, David (Clitheroe)
Hamilton, Michael (Salisbury) Morgan, Geraint (Denbigh) Walker, Rt. Hn. Peter (Worcester)
Hannam, John (Exeter) Morgan-Giles, Rear-Adm. Walker-Smith, Rt. Hn. Sir Derek
Harrison, Brian (Maldon) Morrison, Charles (Devizes) Wall, Patrick
Harrison, Col. Sir Harwood (Eye) Mudd, David Walters, Dennis
Harvey, Sir Arthur Vere Murton, Oscar Ward, Dame Irene
Haselhurst, Alan Nabarro, Sir Gerald Warren, Kenneth
Hastings, Stephen Neave, Alrey Weatherill, Bernard
Havers, Michael Nicholls, Sir Harmar Wells, John (Maidstone)
Hawkins, Paul Normanton, Tom White, Roger (Gravesend)
Hayhoe, Barney Nott, John Whiteilaw, Rt, Hn. William.
Heseltine, Michael Onslow, Cranley Wiggin, Jerry
Hicks, Robert Oppenheim, Mrs. Sally Wilkinson, John
Higgins, Terence L. Osborn, John Wolrige-Gordon, Patrick
Wood, Rt. Hn. Richard Worsley, Marcus TELLERS FOR THE AYES:
Woodhouse, Hn. Christopher Wylie, Rt. Hn. N. R. Mr. Jasper More and
Woodnutt, Mark Younger, Hn. George Mr. Walter Clegg.
NOES
Albu, Austen Foley, Maurice Mahon, Simon (Bootle)
Allaun, Frank (Salford, E.) Foot, Michael Mallalieu, J. P. W. (Huddersfield, E)
Allen, Scholefield Ford, Ben Marks, Kenneth
Archer, Peter (Rowley Regis) Forrester, John Marquand, David
Armstrong, Ernest Fraser, John (Norwood) Mason, Rt. Hn. Roy
Ashton, Joe Freeson, Reginald Meacher, Michael
Atkinson, Norman Galpern, Sir Myer Mellish, Rt. Hn. Robert
Bagier, Gordon A. T. Garrett, W. E. Mendelson, John
Barnes, Michael Gilbert, Dr. John Mikardo, Ian
Barnett, Joel Ginsburg, David Millan, Bruce
Beaney, Alan Gordon Walker, Rt. Hn. P. C. Miller, Dr. M. S.
Benn, Rt. Hn, Anthony Wedgwood Grant, George (Morpeth) Milne, Edward (Blyth)
Bennett, James (Glasgow, Bridgeton) Grant, John D. (Islington, E.) Molloy, William
Bidwell, Sydney Griffiths, Eddie (Brightside) Morgan, Elystan (Cardiganshire)
Bishop, E. S. Griffiths, Will (Exchange) Morris, Alfred (Wythenshawe)
Blenkinsop, Arthur Hamilton, James (Bothwell) Morris, Charles R. (Openahaw)
Boardman, H. (Leigh) Hamilton, William (Fife, W.) Morris, Rt. Hn. John (Aberavon)
Booth, Albert Hannan, William (G'gow, Maryhill) Moyle, Roland
Bottomley, Rt. Hn. Arthur Hardy, Peter Mulley, Rt. Hn, Frederick
Boyden, James (Bishop Auckland) Harper, Joseph Murray, Ronald King
Bradley, Tom Harrison, Walter (Wakefield) Ogden, Eric
Brown, Bob (N'c'tle-upon-Tyne,W.) Hart, Rt. Hn. Judith O'Halloran, Michael
Brown, Hugh D. (G'gow, Proven) Hattersiey, Roy O'Malley, Brian
Brown,Ronald(Shoreditch&F'bury) Healey, Rt. Hn. Denis Oram, Bert
Buchan, Norman Heffer, Eric S. Orbach, Maurice
Buchanan, Richard (G'gow, Sp'burn) Hilton, W. S. Orme, Stanley
Butler, Mrs. Joyce (Wood Green) Horam, John Oswald, Thomas
Callaghan, Rt. Hn, James Houghton, Rt. Hn. Douglas Owen, Dr. David (Plymouth, Sutton)
Campbell, I. (Dunbartonshire, W.) Howell, Denis (Small Heath) Paget, R. T.
Cant, R. B. Huckfield, Leslie Palmer, Arthur
Carmichael, Neil Hughes, Rt. Hn. Cledwyn (Anglesey) Parker, John (Dagenham)
Carter, Ray (Birmingh'm, Northfield) Hughes, Mark (Durham) Parry, Robert (Liverpool, Exchange)
Carter-Jones, Lewis (Eccles) Hughes, Robert (Aberdeen, N.) Pavitt, Laurie
Castle, Rt. Hn. Barbara Hughes, Roy (Newport) Peart, Rt. Hn. Fred
Clark, David (Colne Valley) Hunter, Adam Pendry, Tom
Cocks, Michael (Bristol, S.) Janner, Greville Pentland, Norman
Cohen, Stanley Jay, Rt. Hn. Douglas Perry, Ernest G.
Coleman, Donald Jeger,Mrs.Lena(H'b'n&St.P'cras,S.) Prentice, Rt. Hn. Reg
Concannon, J. D. Jenkins, Hugh (Putney) Prescott, John
Conlan, Bernard Jenkins, Rt. Hn. Roy (Stechford) Price, J. T. (Westhoughton)
Corbet, Mrs. Freda John, Brynmor Price, William (Rugby)
Cox, Thomas (Wandsworth, C.) Johnson, Carol (Lewisham, S.) Probert, Arthur
Crawshaw, Richard Johnson, James (K'ston-on-Hull, W.) Rankin, John
Cronin, John Johnson, Walter (Derby, S.) Reed, D. (Sedgefield)
Cunningham, G. (Islington,S.W.) Jones, Barry, (Flint, E) Rees, Merlyn (Leeds, S.)
Cunningham, Dr. J. (Whitehaven) Jones, Dan (Burnley) Richard, Ivor
Dalyell, Tam Jones, T. Alec (Rhondda, W.) Robert, Albert (Normanton)
Darling, Rt. Hn. George Kaufman, Gerald Roberts,Rt.Hn.Goronwy(Caernarvon)
Davidson, Arthur Kerr, Russell Robertson, John (Paisley)
Davies, Denzil (Llanelly) Kinnock, Neil Roderick, Caerwyn E.(Br'c'n&R'dnor)
Davies, G. Elfed (Rhondda, E.) Lambie, David Rodgers, William (Stockton-on-Tees)
Davies, Ifor (Gower) Lamond, James Roper, John
Davis, Clinton (Hackney, C.) Latham, Arthur Rose, Paul B.
Deakins, Eric Lawson, George Ross, Rt. Hn. William (Kilmarnock)
de Freitas, Rt. Hn. Sir Geoffrey Leadbitter, Ted Sheldon, Ribert (Ashton-under-Lyne)
Delargy, H. J. Lee, Rt. Hn, Frederick Shore, Rt. Hn. Peter (Stepney)
Dell, Rt. Hn. Edmund Leonard, Dick Short,Rt.Hn.Edward(N'c'tle-u-Tyne)
Dempsey, James Lester, Miss Joan Silkin, Rt. Hn. John (Deptford)
Doig, Peter Lever, Rt. Hn. Harold Silkin, Hn, S. C. (Dulwich)
Dormand, J. D. Lewis, Arthur (W, Ham N.) Sillars, James
Douglas, Dick (Stirlingshire, E.) Lewis, Ron (Carlisle) Silverman, Julius
Douglas-Mann, Bruce Lipton, Marcus Skinner, Dennis
Driberg, Tom Lomas, Kenneth Small, William
Duffy, A. E. P. Loughlin, Charles Smith, John (Lanarkshire, N.)
Dunn, James A. Lyon, Alexander W. (York) Spearing, Nigel
Dunnett, Jack Lyons, Edward (Bradford, E.) Spriggs, Leslie
Eadie, Alex Mabon, Dr. J. Dickson Stallard, A. W.
Edelman, Maurice McBride, Neil Stewart, Rt. Hn. Michael (Fulham)
Edwards, Robert (Bilston) McCartney, Hugh Stoddart, David (Swindon)
Edwards, William (Merioneth) McElhone, Frank Stonehouse, Rt. Hn. John
Ellis, Tom McGuire, Michael Strang, Gavin
English, Michael Mackenzie, Gregor Summerskill, Hn. Dr. Shirley
Evans, Fred Mackie, John Swain, Thomas
Fernyhough, E. Mackintosh, John P. Taverne, Dick
Fisher, Mrs.Doris(B'ham,Ladywood) Maclennan, Robert Thomas,Rt. Hn.George (Cardiff, W.)
Fitch, Alan (Wigan) McMillan, Tom (Glasgow, C.) Thomas, Jeffrey (Abertillery)
Fletcher, Raymond (Ilkeston) McNamara, J. Kevin Thomson, Rt. Hn. G. (Dundee, E.)
Fletcher, Ted (Darlington) MacPherson, Malcolm Tinn, James
Torney, Tom Weitzman, David Williams, Mrs. Shirley (Hitchin)
Urwin, T. W. Wellbeloved, James Wilson, Alexander (Hamilton)
Varley, Eric C. Wells, William (Walsall, N.) Wilson, Rt. Hn. Harold (Huyton)
Wainwright, Edwin White, James (Glasgow, Pollok) Wilson, William (Coventry, S.)
Walden, Brian (B'm'ham, All Saints) Whitehead, Phillip
Walker, Harold (Doncaster) Whitlock, William TELLERS FOR THE NOES:
Wallace, George Willey, Rt. Hn. Frederick Mr. John Golding and
Watkins, David Williams, Alan (Swansea, W.) Mr. William Hamling.

Clause 31 ordered to stand part of the Bill.

The CHAIRMAN left the Chair to report Progress and ask leave to sit again, pursuant to the Order of the House of 25th January.

Committee report Progress; to sit again upon Monday next.

4.45 a.m.

Mr. Deputy Speaker (Sir Robert Grant-Ferris)

I have a report to make to the House. I have to report that the Assistant Serjeant at Arms has inquired into the events which took place earlier this morning and has reported as follows: Report on alleged assault on a door keeper during a division about 2.10 a.m. When the doors leading to the 'Aye' Lobby were locked on order of the Chair, several Members were moving rapidly towards the doors and an accidental collision occurred with the doorkeeper on duty."—[Interruption.]—"No complaint of any improper conduct has been made. D. Swanston, Assistant Serjeant at Arms.

Mr. Arthur Lewis

On a point of order. You will recall, Mr. Deputy Speaker, that a similar incident to the one just reported took place some years ago when a Communist Member of the House, Mr. Phil Piratin, was involved. That incident was within the precincts of the House and a similar report was then referred to the Committee of Privileges. I suggest that in this case also there should be a report to the Committee of Privileges, because the cases are identical, except that the fracas which took place earlier today was actually within the precincts of the Chamber; the other incident occurred at a bar of the House.

As I understand it, the rule is that one must as soon as possible ask Mr. Speaker for a case to be reported, I give you notice formally that this case may possibly be a prima facie breach of privilege.

Mr. Deputy Speaker

This, of course, is not the time for me to deal with the matter. It must be raised in the ordinary way if the hon. Gentleman chooses to do that, as other hon. Members are at liberty to do. I think that we should get on now.

Mr. Loughlin

Further to that point of order, Mr. Deputy Speaker. Those right hon. and hon. Members present in the Committee at the time will recall that I raised a point of order about this incident. I should now like your guidance. The incident took place when the House was in Committee. As far as I know, the House is not aware of what takes place in Committee. When may a further point of order for a reference to the Committee of Privileges be made? If the House is not aware of what takes place in Committee, do I take it that the matter must be raised on Monday when the House is in Committee again or at any other time?

Mr. Deputy Speaker

I can answer the hon. Gentleman exactly. He must raise it at 11 o'clock this day, which is the first available opportunity.

Mr. Arthur Lewis

I know that hon. Members opposite who support thuggery do not want to hear, Mr. Deputy Speaker, but is it not the rule that in any possible or prima facie breach of privilege notice must be given as soon as possible to the House of Commons? The House is now meeting, and I say respectfully that I am now reporting the case to the House. Eleven o'clock this day will not be the first opportunity. I have now given you notice.

Mr. Deputy Speaker (Sir Robert Grant-Ferris)

That may be so, but it has to be done at the proper time, and the Standing Orders lay down that it shall be done at eleven o'clock on a Friday, if that is the next available opportunity, or after Questions on the following day. That is the rule of the House.

Mr. Arthur Lewis

I am sorry, Mr. Deputy Speaker, but I know of a number of cases—I could quote them if I had the reference books—where this has been the moment and the time when the matter has been reported as being the first opportunity. It is true that Mr. Speaker will say that he would like an opportunity to consider whether there is a prima facie case, and whether it should have precedence over the Orders of the Day. But my point is that this is the first opportunity that I have had of raising the issue whilst the House is sitting. The House is sitting at the moment, and it is my duty to report to it, and with respect, it is the duty of Mr. Speaker to decide whether or not he will accept the case and make an announcement. I agree that he may well decide at eleven o'clock whether he will give the matter precedence over the Orders of the Day.

Mr. Deputy Speaker

I now rule that what the hon. Gentleman the Member for West Ham, North (Mr. Arthur Lewis) has put to me cannot be the case; and that notice must be given to Mr. Speaker at the next available opportunity, which is at the meeting of the House this day. That is my Ruling.

Mr. Loughlinrose——

Hon. Members

Sit down.

Mr. Deputy Speaker

Before the hon. Gentleman speaks again, I had better finish my Ruling so that he can put no further questions on that. My Ruling is that the hon. Member for West Ham, North if he so wishes may raise this question at eleven o'clock today, and should do it at eleven o'clock today, because that is the first available opportunity when it should be done and not actually now. The hon. Gentleman may say that that is not in accordance with procedure, but someone has to lay down what is to happen now. I may be wrong— I do not think I am— but I lay it down now that that is the procedure that should be adopted.

Now, I would be prepared to hear the point of order which the hon. Gentleman the Member for Gloucestershire, West (Mr. Loughlin) wishes to raise, but I must tell him that his point of order must not concern the Ruling I have just given.

Mr. Loughlin

I will respect your Ruling, Mr. Deputy Speaker, but I am entitled as a Member of this House to make a submission to you on the issue of what is the first available opportunity——

Mr. Deputy Speaker

Order. I am afraid that that is exactly what the hon. Gentleman is not entitled to do, because that is what I have ruled upon. Now, we must get on with our business.

Mr. Eric Ogden (Liverpool, West Derby)

On a new point of order. Mr. Deputy Speaker. In the last few moments reference has been made to the servants of the House. After an all-night sitting, which places great strain on police and everyone else who serves us, it might be thought appropriate for us to express our thanks to them for their efforts on our behalf.

Hon. Members

Hear, hear.

Mr. Maurice Edelman

On a point of order. In your remarks, Mr. Deputy Speaker, in reporting the observations, and they are no more than observations, of the Assistant Serjeant at Arms, you may have seemed to have prejudged the matter by reporting what the Assistant Serjeant at Arms said irrespective of possible contradictory evidence. I therefore submit to you that there is a danger that by reporting to the House what the Assistant Serjeant at Arms said you may have prejudged the matter, and interfered unwittingly with the Speaker's opportunity to decide whether there is a prima facie case that a breach of privilege has been committed.

May I ask you, therefore, that when the matter is raised again the Speaker may be fully apprised of the events that have taken place, so that he will not be influenced in any way by this ex-parte report which has been made by the Assistant Serjeant at Arms?

Mr. Deputy Speaker

There should be no quarrel between the hon. Gentleman and myself. These things will be brought to Mr. Speaker's notice, no doubt be-for we meet today. The matter will be raised and Mr. Speaker will decide what is to be done. I was simply asked by the hon. Member for Gloucestershire, West (Mr. Loughlin) earlier, when I was in the lower Chair, if I would get a report from the Serjeant at Arms, and I did so. When I resumed the upper Chair I reported it to the House.

I have made no Ruling on whether a breach of privilege has been committed. That will be for Mr. Speaker and the matter should be raised as soon as possible today.