HL Deb 13 May 1981 vol 420 cc557-8

2.54 p.m.

Viscount Massereene and Ferrard

My Lords, I beg leave to ask the second Question which stands in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government whether it is legally permissible for local authorities to practise political discrimination as to whom they employ.

Lord Bellwin

My Lords, the Local Government Act 1972 empowers local authorities to appoint such officers as they think necessary for the proper discharge of their functions. They are entitled to choose the criteria by which they make such appointments. But an authority which made an appointment solely or chiefly on consideration of the candidate's political beliefs might be held to be acting beyond its powers. Moreover, it would be destroying the political impartiality of the public service, which I believe to be a vital feature of British administration.

Viscount Massereene and Ferrard

My Lords, while I thank my noble friend very much for that reply, with which I heartily agree, will he not agree that, if this habit of councils employing people according to their political labels continues, it will lead to great injustice and amounts to corruption?

Lord Bellwin

My Lords, I am glad to say that I know of only one case, the Walsall Borough Council, and this has received general condemnation. I hope it is not a precedent. We shall have to watch the situation carefully. The Walsall Labour Group Manifesto, which they have now adopted as council policy, said: It is obvious that if by appointment or influence we could direct the basic philosophies of the council staff in general, this would have a far-reaching effect beyond any single policy matter and would have effects which, unlike some policy, would transcend elections". That says enough to indicate its total unacceptability to most people.

Lord Evans of Claughton

My Lords, would the Minister not agree that even more unacceptable than the conduct described is that people are not employed because of political opinions? I understand that the noble Lord may have information which indicates that some people are refused employment because of their political affinities.

Lord Bellwin

My Lords, with respect, I understand the point the noble Lord is making. Without going into more details and more quotations—which I am tempted to give—I can only repeat what I have said before: that this is a most dangerous philosophy and one which is giving concern to all political sides in the country. I hope that it is the only example that we shall see.

Lord Shinwell

My Lords, has the Minister never heard of employers indulging in political discrimination? If they can do it legally, why not the local authorities?

Lord Bellwin

My Lords, briefly, perhaps I may quote this. It comes from what is now the council policy at Walsall. It says: In principle —and this applies to employers, too, if you think about it— where staff posts for legal and practical purposes require formal qualifications, such qualifications should be kept to a minimum thus allowing primary consideration to be given to the individual applicant's social awareness akin with our philosophy". What that has to do with competence in employment is beyond me.

Lord Shinwell

My Lords, is the Minister aware that although I asked a question which might indicate that I take a biased view on this subject, I should prefer that there should be no political discrimination whatever? In a civilised society, that should be regarded as deplorable and illegal.