HC Deb 19 July 1971 vol 821 cc1050-8
The Lord President of the Council and Leader of the House of Commons (Mr. William Whitelaw)

Mr. Speaker, with your permission, I should like to make a statement about the provision of information to the public about entry into the European Economic Community.

The House will recall that the decision to make application for membership of the Community was approved by the House by a majority of 426 in 1967. Therefore both the previous Government which decided to make this application and the present Government have felt it right to put out information at important stages in the negotiations.

The Labour Government issued their White Papers and this Government issued a White Paper at the conclusion of the main issues in the negotiations.

There have been widespread demands for information to the public. In response to these as was announced by my hon. Friend the Under-Secretary of State for Foreign and Commonwealth Affairs on 28th June and by my right hon. Friend the Secretary of State for Scotland on 5th July, the Government decided to issue along with the main White Paper a free short version which covers the same ground.

So far as Parliament was concerned the Government decided exceptionally to make 12 free copies of the main White Paper available to each Member and this decision has been widely welcomed in the House.

The Labour Government issued a series of free Factsheets in 1967. The present Government have also issued a series of 11 Factsheets on Britain and Europe on generally similar lines.

Before deciding to take this course the Government naturally considered the relevant precedents for making available information on important public issues, including a number of cases from the time of the previous Administration.

The Government concluded that there was ample justification from past practice for giving the country clearly and simply the information which has been so widely demanded and for reporting to the nation the outcome of the negotiations which had been initiated by a decision of the House with an overwhelming majority.

Mr. Peart

Is the Lord President aware that what he has said about White Papers and Factsheets is not the issue here? Is he aware that we are dealing here with a highly contentious propaganda document which has been issued free by the Post Office? That is the issue. There is no precedent for this. I should like the Lord President to state the facts on this. So far he has refused to do so. Is he aware that when I held the selfsame position as he holds the then Administration were not allowed to publish summaries of a White Paper not approved by Parliament? Is he further aware that the only policy that has been approved by Parliament is to negotiate entry? Even a White Paper has not been approved by the House.

Mr. Whitelaw

As to the issuing of various documents, it is reasonable to point out that in 1967 the Department of Economic Affairs issued a pamphlet described as "Upswing". There was an article entitled, "Towards Europe". It asked "Why?" and the following sentence——

Mr. Harold Wilson

What date?

Mr. Whitelaw

It was 1967.

Mr. Wilson

What date?

Mr. Whitelaw

I have not got the exact date. I have the pamphlet here. It was published in 1967 by the Department of Economic Affairs. I will find out the date and let the right hon. Gentleman know. Perhaps it will help if I read the next sentence which says : Britain has applied to join the Common Market. Why? What benefits would it bring? If we join customs officers in the Common Market countries would not put charges on our goods, our goods would then be cheaper over there and sell better. These countries are getting richer and"— [Interruption.]— they can be good customers for the things we make. Everybody in Britain would benefit.

Mr. Peart

Is the right hon. Gentleman aware that he has not answered my main question? [Interruption.] He has not given a date. The White Paper published by this Government about the terms of entry has not been approved by Parliament. The Lord President has not got the date of the document.

Mr. Whitelaw

I promise the right hon. Gentleman that I will get the date. It was after the application was made. As for his other point, I would point out to the House that when the Factsheet was issued, or "Upswing" as it was called by the Department of Economic Affairs, the right hon. Member for Stepney (Mr. Shore) was a junior Minister in the Department. There was also a short version of the Geddes Report on the shipbuilding industry, Cmnd. 2937, published in March, 1966, when the right hon. Member for Battersea, North (Mr. Jay) was President of the Board of Trade. It was sent to all in the shipbuilding industry, but the resultant Shipbuilding Industry Act was not enacted until 1967. The policy had not been approved by Parliament.

Hon. Members

Oh.

Mr. Harold Wilson

The right hon. Gentleman, by saying that the document in question, which was issued free of charge——

Hon. Members

By you.

Mr. Wilson

Yes, after the approval by Parliament of the application. It stems from that date. This White Paper has nothing to do with the application—[Interruption.] This White Paper includes the Government's conclusions on entry and is propagandist in tone. [Interruption.] The right hon. Gentleman once said—in September, 1969, when he was manoeuvring for Daily Express support—that our application was a disaster, so he has nothing to say on this. [Interruption.] Yes, you did ; do not deny it.

Mr. Speaker

Order. There is no Question before the House. There will be plenty of opportunities on other days for ventilating these matters.

Mr. Wilson

Does the right hon. Gentleman agree that it is a rule of government, confirmed by a former head of the Information Service in The Times this morning and followed by all previous Governments, that no White Paper involving controversy can be issued free unless it has been approved by the House? Is he aware that when the previous Government wished to publish a free version of the superannuation—[Interruption.]

Mr. Speaker

Order. These are very important matters.

Mr. Wilson

Is the right hon. Gentleman aware that when we wanted to publish a free version of the superannuation proposals we were told that the rules were absolutely fixed and that no Government could do it unless the document had been approved by Parliament? This White Paper has not been approved by Parliament. Was the right hon. Gentleman warned by the authorities, as we were warned, that this is against the rules, or has he or the Government changed the rules so that there is a different rule for the present Government from that which operated when any previous Labour or Conservative Government were in office?

Mr. Whitelaw

I reject that absolutely. We considered all the precedents, and in the circumstances of the case we believe that we are right. [HON. MEMBERS : "Answer."] I should have thought that I had clearly answered the question. I stand by what I have said. I have explained exactly what the position is.

Mr. Emery

Does my right hon. Friend realise that, other than the most partisan, the people of the country really want to know what the issue is, that the greatest demand made to most Members is for information about the White Paper and that the Government were absolutely right to ensure that this document was issued?

Mr. Whitelaw

I understand there have been widespread demands in the House and in the country for more information, and that is what is being provided.

Mr. John Mendelson

Will the right hon. Gentleman address himself to the issue itself, which is bound to be of considerable constitutional importance, instead of merely reading out quotations? Does he admit that there is now a majority in the country opposed to these terms of entry? In those circumstances, how can he justify—[Interruption.] Are we to be allowed to make constitutional points, Mr. Speaker, or are we to be shouted down all the time? It is about time we had an opportunity to put points to the Leader of the House, who is supposed to be protecting the interests of all Members.

Given the fact that the majority of people are opposed to the Government's proposals, will the right hon. Gentleman, addressing himself to the constitutional issue, give equal facilities to those in the country who take a contrary view to publish 5 million pamphlets, distributed free through the Post Office, or stop the propaganda operation in which he is unlawfully engaged?

Mr. Whitelaw

I do not accept that it is unlawful. I have made the position perfectly clear.

Sir D. Walker-Smith

Does my right hon. Friend appreciate that there is an important constitutional principle behind these heated exchanges? May I therefore put my question as someone who is wholly unembarrassed by any precedents which may be produced, having criticised these actions as strongly in 1967 as at any other time? Does he accept the principle, as defined by the Institute of Public Administration, that there should be no payment out of public funds for producing publicity material on a controversial subject not yet settled? Does not my right hon. Friend think that principle applies in this case?

Mr. Whitelaw

I recognise my right hon. and learned Friend's important contribution and his interest in these matters, and I recognise the importance of the whole question.

Mr. John Mendelson

Answer it.

Mr. Whitelaw

If the hon. Gentleman will allow me to answer, I shall be only too pleased to do so. I think that it is perfectly clear that on this occasion the House approved the application to join. This White Paper reports the result of the negotiations, and I believe that that is perfectly proper and right.

Mr. Eadie

Is the right hon. Gentleman saying that, because they think that Britain must enter the Common Market, the Government are prepared to ride roughshod over any constitutional issue in order to publish propaganda on it? Is that what he is telling the House?

Hon. Members

Yes.

Mr. Whitelaw

Certainly not, under no circumstances whatsoever.

Mr. Maddan

Does my right hon. Friend acknowledge that the people want to know both the facts and the arguments which the Government use? For that reason, will he accept that the vast majority of the public greatly welcomes the Government's action?

Mr. Whitelaw

I note what my hon. Friend says. I do not think that there will be any difficulty in this country knowing both sides of this particular argument.

Mr. David Steel

Does the right hon. Gentleman accept that the House is right to be concerned about the use of public money on such a scale for propaganda on any cause? Although on this occasion he may justify it as being a question of circulating the factual outcome of the previous Government's application to join the E.E.C., will he accept that there are inherent dangers for the future and will he consider drafting rules for this or any future Government to follow? Secondly, as one of the opportunities for displaying both sides of this question to the public will arise by way of debate in the House, when will we have a chance to discuss whether the debate on the White Paper will be broadcast?

Mr. Whitelaw

I accept at once that one should consider all the precedents and all the considerations in any particular case, and I realise the great importance of making a decision. The Government have made a decision which they believe to be perfectly correct in this case. In other cases the Government have not published shortened versions of White Papers because they were advised that it would be wrong to do so. In this case they have taken a decision the other way, and that is perfectly reasonable and proper. As for the question of broadcasting, I am prepared to give time if the House would wish that to happen.

Mr. Harold Wilson

I want to ask the right hon. Gentleman, why did he not tell the hon. Member who asked that rules should be laid down that there are rules and the Government have broken them? Secondly, since the whole of the right hon. Gentleman's argument rested on the fact that the House approved the application—which is true, though even after that we charged for documents which were put out : we did not issue free of charge the relevant ones which he knows about—is the right hon. Gentleman not aware that this particular document contains a whole host of information not approved by Parliament? The application was approved, the terms have not been approved, by Parliament. Is the right hon. Gentleman aware that in the covering note by the Prime Minister it is said that the short version explains why the Government firmly believes that the terms for British entry into the European Community are fair and reasonable"? The right hon. Gentleman is entitled to believe that, but that has not been approved by the House. It is not covered by the application, and is not covered by every rule followed by every previous Government, and the right hon. Gentleman, whatever he believes, is now spending taxpayers' money on something he is not justified in spending taxpayers' money on.

Mr. Whitelaw

I do not accept that for a moment. I might also mention now an instance which I might have mentioned before to the right hon. Gentleman, the question of the Geddes Report on Ship building. I will try again with another one—the short version of the Government's White Paper on Fuel Policy, Cmnd. 3438, published in November, 1967. Copies were given free for distribution to the National Coal Board at Stationery Office expense. That had not been approved by Parliament.

Several Hon. Members rose——

Mr. John Mendelson

On a point of order, Mr. Speaker.

Mr. Speaker

Order. It seems to me there are three courses open to the House—to pursue this dispute now, or to find other ways of debating it, or to debate it on the White Paper, when all these arguments will be completely in order.

Mr. John Mendelson

I beg to move the Adjournment of the House under Standing Order No. 9, on a matter of urgent, definite and public importance.

Mr. Speaker

Order. Did the hon. Member hear what I just said? All these matters will be in order in debate on the White Paper.

Mr. Mendelson

I use this earliest opportunity to ask leave to move the Adjournment of the House under Standing Order No. 9, as revised, on a matter of urgent, definite public importance, namely, the Government's decision to issue party political propaganda through the free services of the Post Office.

In moving this Motion, Mr. Speaker, I wish to submit three points, and they are all related to the constitutional, procedural aspect of the matter and not to the substance of the issue of the Common Market. [Interruption.] I hope that on this occasion as on past occasions Members of this House will accord a proper hearing to an individual back bencher, even to one on the opposite side, and that it will be possible for me to make this speech amid some silence.

Mr. Paget

This point of order is a sheer waste of time.

Mr. Mendelson

All right, but it is for Mr. Speaker to decide despite that interruption.

The issue I wish to submit is based upon three propositions, first, that this matter has to be raised now—[An HON. MEMBER : "On Wednesday."]—because the giving out of this particular party political propaganda pamphlet is proceeding and if we want any action taken by the House about it it has got to be done here and now.

The second proposition I wish to submit is that, in spite of all the arguments so far put forward by the right hon. Gentleman the Leader of the House, he has been quite unable to give any answer to the legitimate point that half the country at least, and according to a recent survey, more than half, is completely opposed to the party political book which the Government are trying to distribute free by giving it these free facilities.

The third constitutional point is that if it were once established that the Government could of their own decision produce a propaganda pamphlet and print 5 million or perhaps more copies of that pamphlet before it has been submitted to the House of Commons and that Government have a right to spend sums estimated at between £860,000 and £2 million without any approval by the House of Commons, which is the only body which is entitled to give approval for further expenditure by a supplementary Vote, and when there has been no authority given by this Chamber, which is the only authority entitled to pass that expenditure and give such authority for publication, we are well on the road to Government deciding to use public resources for party propaganda purposes. I submit that that would be a dangerous new departure, to which the House of Commons has never given its approval.

It is on those grounds that I ask leave to move the Adjournment of the House on this important matter so that it may be debated this evening or early tomorrow afternoon.

Mr. Speaker

The hon. Member asks leave to move the Adjournment of the House for the purpose of discussing a specific matter of urgent, definite and public importance which he thinks should have urgent consideration, namely the Government's decision to provide free facilities for disseminating party political propaganda.

Under Standing Order No. 9 this is a matter for me to decide. I have to consider not only the arguments put forward, and the feelings of the House, but also what other opportunities there are for considering the matter. I am afraid that I cannot submit the Motion to the House. Mr. Whitelaw, to move his Motion.

Mr. Paget

On a point of order. I am sorry, Mr. Speaker, that I did not have the opportunity to put this point a little earlier when you indicated that the last point of order was irrelevant. On Thursday last the question of a Motion which I had on the Paper was raised. As a result of that the Leader of the House agreed today to make a statement on my Motion. He did so, and, in the circumstances, I feel that I ought to have had the opportunity to put a question on it.

Mr. Speaker

I apologise to the hon. and learned Member. I am sorry. Had I remembered that fact, I think I would certainly have called him.

Mr. Paget

May I put a question?

Mr. Speaker

Mr. Whitelaw.