HL Deb 07 December 1950 vol 169 cc834-46

4.22 p.m.

Order of the Day for the Second Reading read.

VISCOUNT HALL

My Lords, this Bill deals with the important question of making provision for the reinstatement in civil employment of certain men and women who have beer or may be called out for whole-time service with the Forces. Reinstatement in civil employment is a complex subject and I am afraid that the Bill may appear rather complicated, but its object is fundamentally a simple one, and I feel sure that it will be welcomed by your Lordships. The principle of reinstatement was introduced by the Coalition Government and undoubtedly proved a great success. Employers have, generally speaking, co-operated exceedingly well in taking men back who have done their National Service, and there have been relatively few disputed cases. The proof of this lies in the fact that out of about 5,000,000 men and women who were called up during and after the last war, only 1,100 cases have had to be referred to the highest legal authority of the umpire up to September 1 of this year. I have no doubt that there will be the same co-operation from the employers and workpeople in the case of the men and women for whom we are now providing.

Before dealing with the provisions of the Bill, I should like to explain that we are most anxious that this Bill should become law before Parliament rises for Christmas. The reason for this urgency is that some of the Reservists recalled as a result of Korea have already returned to civil life, as, for example, men who were found on recall to be medically unfit for service in the Far East. Most of these men have, no doubt, already gone back to their old jobs or have obtained other employment without difficulty. We have been advised, however, that there may be a small number who are experiencing difficulty over reinstatement, and it is therefore for the sake of these men, who may be waiting for the Bill to become law so that they may apply for reinstatement, that we are anxious that the Bill should be passed quickly and not have to stand over until the re-assembly of Parliament towards the end of January. The Opposition in another place were equally anxious that the Bill should be passed quickly, and I am sure that I can count on similar co-operation from noble Lords opposite.

The main object of this Bill is to ensure that members of the Reserve or Auxiliary Forces called out or recalled for whole-time service with the Forces should possess rights of reinstatement in civilian employment corresponding to those already possessed by men called up for whole-time National Service. The need for this Bill arose from recent events in Korea, as a result of which the Admiralty have recalled a number of officers from the Emergency Lists of the Royal Navy and some men from the Royal Fleet Reserve, while the War Office have recalled some officers and men from the Regular Army Reserve of Officers and the Royal Army Reserve. In the present unsettled state of the world we may well be faced with further emergencies similar to Korea which would also require the recall of Reservists or the embodiment of members of the Auxiliary Forces by any or all of the three Services. To save having to deal with each case which might arise piecemeal, the Bill is not restricted to men recalled as a result of Korea but has purposely been made of a general character and wide enough to cover all men and women, both officers and other ranks, including the Reservists, who might be recalled or embodied in any future emergency which might arise.

The second main purpose of the Bill is to help National Service men who had voluntarily agreed to extend their whole-time service by up to six months before October 1 last, when all National Service men who had not already completed their period of whole-time service became liable to serve for an additional six months. By doing this, they lost the reinstatement rights which they would otherwise have had at the end of their full-time service, and it would clearly be unjust that these men, who volunteered to help out the country in an emergency before the additional obligation was imposed on all National Service men, should lose their reinstatement rights.

We are also taking the opportunity of putting right two anomalies in the existing arrangements for reinstatement. The first is that National Service men, who during their whole-time service are granted commissions and serve as officers for the balance of their whole-time service, lose their reinstatement rights. The extension of the period of whole-time National Service from eighteen months to two years will lead to an increase in the number of National Service men granted commissions, and this makes it all the more necessary that they should have reinstatement rights. The second anomaly arises from the fact that arrangements have been made under which doctors and dentists liable to be called up for National Service are granted commissions to serve in their professional capacity in the medical or dental branches of the Service for as long as they would serve if called up for National Service in the ordinary way. As these men are not called up by an enlistment notice issued under the National Service Acts, they also at present have no reinstatement rights. I should point out, with regard to these officers, on whom reinstatement rights are being conferred for the first time by this Bill, that it is proposed to confer these rights only as from the passing of the Bill. If we try to cover all those whose service has ended in the past, it would be necessary to go back for at least three years. This, we feel, is unnecessary, as most employers have no doubt willingly taken back these officers and in fact no cases of difficulty have been brought to our notice.

The other provisions of the Bill are consequential. Clause 4 makes provision similar to the corresponding provision in the National Service Act, 1948, for linking together two periods of whole-time service, separated by a short interval, to count as one for reinstatement purposes, so that a man's reinstatement rights would lie with his employer before his first period of service instead of with any possible "stopgap" employer for whom he may have worked during the short intervening period. Clause 5 adapts various sections of the National Service Act, 1948, to include the persons to whom the Bill relates. In particular, it extends to them the provisions of Section 50 of that Act, which prohibits the dismissal of employees because they are liable for whole-tims service in the Forces. I have already mentioned the position of certain Reservists recalled as a result of the emergency in Korea who have already returned to civil life. Clause 7 (1) of the Bill provides that any of these men will have the right immediately after the Bill becomes law, to apply to their former employer for reinstatement. This arrangement corresponds with what was done to meet a similar problem when the 1944 Act was passed. If the men require advice on how to apply for reinstatement they will be able to obtain it at any local office of the Ministry of Labour.

I have already remarked on the astonishingly small number of disputed cases which arose in the course of the immense task of resettling in civilian life the millions of men and women under the 1944 Act. Any disputed cases which may arise under the present Bill will be settled by the same machinery. All sides are agreed that this machinery operates smoothly and satisfactorily and, indeed, in another place high tributes were paid from both sides of the House to the way in which the chairmen and members of the committees, as well as the umpires and deputy umpires and their assessors, have carried out their duties.

Your Lordships will wish to know that when the Committee stage of this Bill is taken, I propose to move two Amendments to give effect to undertakings which were given by my right honourable friend the Minister for Labour when the Bill was being considered in another place. One of these will give persons who are covered by Clause 1 of the Bill a rather longer time within which to apply for reinstatement if they want to, and also a rather longer time within which to notify their availability for work. The other Amendment will confer reinstatement rights on men who volunteered under the special War Office "K" engagement to serve within the Regular Forces for the period of the present emergency in Korea. There are about 1,100 of such men, and I am sure that your Lordships will welcome these Amendments.

I am also happy to be able to inform your Lordships that the Minister of Labour's National Joint Advisory Council, consisting of representatives of the British Employers' Confederation, the Trades Union Congress and the nationalised industries, have endorsed the principal provisions of the Bill, It is interesting to recall that when the 1944 Act was introduced, some doubt was expressed as to whether it could ever work properly. Mainly because of the co-operation and understanding attitude of both the employers and the workpeople, the Act has worked most successfully, with the result that we are now in the position of having this new Bill welcomed by all sections of the community. It is therefore with confidence that I recommend this Bill to your Lordships, and ask you to give it a Second Reading.

Moved, That the Bill be now read 2a— (Viscount Hall.)

4.36 p.m.

VISCOUNT BRIDGEMAN

My Lords, as usual we are very grateful to the noble Viscount opposite for the clear way in which he has explained the provisions of this Bill. I can assure him that we welcome the Bill. We well understand the desire of the Government to see it passed into law before the House rises for Christmas, in order that they may be ready to deal with the National Service men who volunteered to extend their service, and with those Reservists who have been re-called and are now to be released again.

The statement which we have just heard from the noble Viscount with regard to the situation in Korea lends a good deal of point to the Bill which is now before us. I should like to say here that we are glad to see that the Bill is drafted in such terms that it will stand for any emergency similar to the one which we are now facing in Korea, and will not lead to piecemeal legislation of a kind which certainly we on these Benches would not welcome. Therefore the Bill, as one might say, is operationally sound, and we welcome it. As there are a few points which arose from the discussion of this Bill in another place—some of which have already been referred to—it will not be necessary for us to say much to-day. We have had an assurance that the Government will introduce at least two Amendments at a later stage, and therefore so much the more quickly will this Bill become law.

It may seem rather paradoxical that, having welcomed this Bill and said that it is a very good one, I should go on to say that perhaps in a state of full employment—or brimful employment, which I believe is the term that is now used— it will probably not have a great deal of force. My own belief, frankly, is that this Bill will not make a tremendous amount of difference to the number of people who go back to jobs and who otherwise would not do so. After all, the noble Viscount said just now that the provisions of the principal Act have worked so smoothly that there have been hardly any cases—only 1,100, I think he said—to go to the umpire. I agree with him that the principles behind the measure are accepted by all those concerned. One might say that the Bill is no longer news in labour circles; it gives rise to no Press comment. So far as I know, cases which come up for reinstatement are seldom news in the Press. In fact, one can say that the original idea in 1944, which was that this Bill should be put forward as a code of conduct to all concerned, has been accepted and is now part of the national code of conduct as between employers and workers. That, I think, is the real value of the Bill.

But there is a little more to be said than that. Although it is true that we have brimful employment, and that any ex-Service man with anything like a good character and capacity for work can get work of some kind, it is perhaps not always true to say that a man who leaves the Forces can get the sort of work for which he is fully qualified, the best kind of job that he can have. That, of course. is more a question of employment than of reinstatement; nevertheless at this time, when we are so anxious to increase the hard core of our Regular Forces so as to provide the basis for expansion, we need to look at this problem in all its aspects. As I said, it is true that anybody can get a job, but if we have a man who has practised a trade in the Army as a staff-sergeant fitter, or as an engine-room artificer or his equivalent in the Air Force, we want to make sure that that man is able to get the sort of job for which he is fitted, and not merely a low-grade job or a "position of trust" which is one of the lowest paid jobs in the whole labour market. We all know that trades-men who come out of the Forces can get proper tradesmen's jobs only if the machine is working smoothly and if the employers, the trade unions and especially the craft unions are all co-operating in seeing people properly employed. I want to make that point because I think that that is where the real trouble lies. The ex-Regular, who is not nearly so fully covered by this Bill as is the ex-National Service man, is a difficult man to place. Unless we deal with him fairly, it is no good thinking that we shall be able to meet our commitments in regard to the Regular Forces. So we must see that he is dealt with fairly.

Having considered the Bill at little more widely than just from the point of view of its contents, I would mention one other point, which I know cannot be legislated for in the Bill but which, nevertheless, ought to be looked at. That is the question of local authorities and their super-annuation schemes. We want to be quite sure that, when a man is called up, he does not lose pension rights which, if the spirit of the whole arrangement were kept, could be preserved for him. There is at the moment some difficulty about that matter, because local authorities, even with the best will in the world, may find they are not legally empowered to deal with it. So, while I am not expecting that the matter can be dealt with in this Bill (and we want to co-operate in giving the measure a speedy passage) I ask that the Government should keep the matter in mind, and that the proper steps should be taken in the proper way with the proper Ministry—which in this case. I imagine, is the Ministry of Health, and not the Ministry of Labour.

I come now to deal shortly with the different clauses of the Bill. There is not much that need be said on Clause 1, particularly in view of what was said by the noble Viscount and in another place, that the man who obtains a commission as a result of his National Service is now covered. We do not want to get this matter topsy-turvey, so that the higher a man goes the less he is protected; and if the Bill had not been drafted to deal with that difficulty, that is what would have happened. I want to make quite sure—I have giver notice of this point to the noble Viscount—that we cover the case of the ex-Regular officer. Ex-Regulars, up to a certain age, are always obliged to join the Regular Army Reserve of Officers. Then these men are recalled, and a great many of them now form the live register of the Officers' Association of the Officers' Benevolent Department of the British Legion. There are about 1,500 of them, of whom 34 per cent. are ex-Regulars; and a fairly large percentage, I imagine, are ordinary ex-Regulars, who were called up out of jobs which pre-sumably they had in 1939; they were called up and then went back. The clause ought to be amended if the spirit of this Bill is what I understand it to be. It may be all right. I may have mis-read the Bill as it stands, but I hope that the noble Viscount will give us an assurance about that matter.

Clause 2 raises the rather difficult question of whether anything can be done about the 5,000 or 6,000 young airmen and others who volunteered after their National Service to extend their service from two to three years. I know that that is not a very easy matter to deal with. It raises the question as to when a soldier or a sailor or an airman extending his service ceases to be a National Service man and becomes a Regular. But the fact remains that these young airmen, for the good of their country, responded to a call which was made to them. We want to make quite sure that they are not worse off as a result of doing what they were asked to do in their country's service. It may be that the right thing to do is to bring them under this Bill, which I imagine would be possible if Parliament wished to do so. It may also be that it is possible to deal with them in another way, but I want to be quite sure, before the Bill leaves this House, that those people are properly taken care of in one way or another.

Coming to Clause 5, we have had an Amendment to this clause promised by the noble Viscount, so I need say only one thing more; and this is a point which came to my notice only a short time ago. It is a question of the Regular Reservists who may be called up for re-training. As I understand the situation, it is perfectly possible that Regular Army Reservists— and. I imagine, the Reservists of the other Services, and also Class "Z" Reservists—may be called up not for permanent service but for re-training. We do not want any risk that these people may lose their jobs because it is discovered that they have a liability for re-training. I apologise for not having told the noble Viscount of this point earlier than I did, and I am asking for no more than an assurance that the matter will be looked into sympathetically. We have dealt with the "K" engagements. We are grateful for the promise we have been given for an Amendment on that point. Therefore, for the moment I think I can leave the Bill. We shall look forward to the noble Viscount answering, if he will, the one or two points that I have ventured to make. I repeat that we welcome the Bill and wish to co-operate in securing for it a speedy passage into law.

LORD HADEN-GUEST

My Lords, may I intervene for a moment in regard to the difficulty which sometimes arises with a man who is embodied in the Forces, who then is found to be medically unlit and who has to go through the necessary machinery to be invalided out of the Service? It seems to me that the opportunity of the presentation of this Bill and its amendment, to whatever extent it may be required, in Committee, should be taken to deal with this particular question. The noble Viscount will know quite well that a considerable proportion of National Service men who are embodied in the ordinary way are, in fact, after a comparatively short period of service, invalided out as being unfit for service in various categories.

As the noble Viscount knows, I have had a great deal of medical experience lately in practically all the Commands in which troops are employed, and the fact has been brought to the notice of myself and other visiting members of my Committee that a considerable part of the time of medical officers in all these Commands is taken up in the business of invaliding men out who are not suitable for the work they are doing. Sometimes a considerable percentage are invalided out. It occurs in Commands overseas as well as in B.A.O.R. and in this country. I suggest it with all caution to the noble Viscount, but it does seem to me that it might be possible by an Amendment to Clause 1 to secure that a man would not be embodied until he had been examined medically in such a way as to ensure that he was in fact fit for the service he would be called upon to perform when he was in the Services; that is to say, to interpose between the present procedure and final embodiment, if necessary, a further medical re-examination to make quite certain that the man or woman is not one who will have to be invalided out. I do not think it should be too difficult. I think it should be reasonably possible; and I hope the noble Viscount will at least give careful consideration to the matter before we come to the Committee stage.

4.51 p.m.

VISCOUNT HALL

I am very grateful to the noble Viscount. Lord Bridgeman, for the welcome he has given this Bill. We always find him most helpful in dealing with Service matters, particularly if he is largely in agreement with the principles involved; although with regard to the details we cannot always agree. He raised a very important question— namely, the placing of Regulars in industry. Of course the noble Viscount knows of the existence of the Advisory Council, presided over by Sir Godfrey Ince, and of the excellent work which that Council have done. I was interested to hear his reference to tradesmen. I would point out that this Council have done an enormous amount of very good work in connection with this matter, for under the aegis of the inter-Services Committee no fewer than 195 Service trades have been recognised in industry as fully skilled, and fifty-one as semi-skilled. That means that well over 90 per cent. of tradesmen of the three Services in those occupations where trade union member-ship is either essential or desirable are accepted by the trade unions as eligible for membership. Discussions are proceeding at the present time in regard to the small number of remaining trades for which recognition is desirable. I think it can be said that the trade unions have met the case, because they realise that the training of men in the Forces at the present time is very different from what it was, say twenty years ago, and that these men are fully-trained, skilled men, who can take up any job in almost any of the industries where the training is similar to that of the Services.

The noble Viscount referred particularly to the difficulties of replacing ex-officers. Of course, if a Reserve officer is called up when he is in employment then this Bill will enable him to take advantage of the benefit of reinstatement. I wish that the results in regard to placing ex-officers were better than they are. A good deal has been done, but we are not so successful in placing the ex-officer as we are in placing other ranks. Indeed, the ex-Regular other rank is at present readily absorbed into industry. During 1949 no fewer than 40,868 were discharged from the Services and only 419 of those—a fraction over 1 per cent.— were registered as unemployed at the local offices. Again, that is a remarkable achievement. Of course, I am not claiming all the credit to the Minister of Labour, because with full employment this achievement is possible; but I can assure noble Lords opposite that a good deal of work is being done on this question of reinstatement.

VISCOUNT BRIDGEMAN

While thanking the noble Viscount very much indeed for that statement, may I ask whether His Majesty's Government have any influence with the nationalised indus-tries, and whether they will do all in their power to enable ex-officers to be employed by those industries?

VISCOUNT HALL

Yes. There is one industry which will readily accept appli-cants—namely, the coal industry. The difficulty there is to get men. There is any amount of work for the men if they will take the employment; and of course they will be very welcome. Some of the nationalised industries are better than others and, in regard to this matter the Advisory Council are working in very close co-operation with the representatives of the nationalised industries. I will certainly bring to the notice of my right honourable friend the point with regard to local authorities' superannuation. I will ask him to give, as I am sure he will, his closest consideration to the matter.

With regard to the airman who extends his service, the noble Viscount will re-member that in another place my right honourable friend the Minister of Labour and National Service agreed to consult with the Secretary of State for Air about the Amendment which was designed to confer reinstatement rights on National Service men who, as he said, undertook an engagement of three years' full-time service. After a most careful consideration, I am afraid that my right honourable friend finds himself unable to accept the Amendment. The principle underlying reinstatement has been that when the State compels a man to leave his civilian job and enter the Forces he is entitled to have his job back when his compulsory period of service is finished. Though it must often have been by no means easy for employers to make the right job available for a returning Service man, they have generally taken men back without raising any difficulties.

The engagement to which the Amendment moved in another place referred, and to which the noble Viscount has referred to-day, is also open to men who have registered for National Service but have not yet been called up, and they are accepting it from civilian life in large numbers. Indeed, at the present time about 500 a week are volunteering in this way. If reinstatement rights are given to the men who change over to this engagement while in the Royal Air Force they would clearly have to be given also to the young man who accepts the engagement from civil life. If this were done, how could we refuse to confer reinstatement rights on voluntarily enlisted Regulars on a three, five, seven, twelve or twenty-two year service? I do not think we really ought to press the employers to undertake anything of that kind. It would lead to considerable difficulty, and in view of the fact that we have the good will of the employers in working this scheme, I think for the time being it is as well to leave the matter where it is. If difficulties should arise, then I have no doubt that my right honourable friend would consider the matter, but at present I think it is well to leave it as it is.

I think I have dealt with most of the points; others with which I have not dealt I will certainly look into and I will consult with my noble friend later. The point which was raised by my noble friend Lord Haden-Guest is, of course, a new point. I shall be willing, between now and the Committee stage, to have a word with him on it, and perhaps I may be able to show him that there is some protection provided under this Bill. However, we shall have to examine the position from that angle.

On Question, Bill read 2a, and committed to a Committee of the Whole House.