The Guardian from London, Greater London, England • 2

HOME NEWS THE GU AR 01 AW Monday March 19, a defeating paradox for Labour Hopse of Lords poses Leftwingers want the upper chamber abolished but it is the only place where Mrs Thatcher can be beaten. Colin Brown looks at the dilemma 6 NOBLE OPPONENTS: (from left) the Leader of the LaDour cniei wmp ana leaner, Lords onsonny ana cieawyn Of the Alliance, about 50 to 60 were active and there were about 200 cross-benchers, who were quite an effective force. These are the forces which will be mobilised probably with the support of Tory rebels to amend some of the clauses in the forthcoming rate-capping and local government reform legislation. The Government whips are impotent with peers who have no political ambitions. It would be wrong to give the impression that past gov-, ernment defeats have changed the attitude of those who want the Lords abolished.

But changes are taking place one member of the Campaign Group said that abolition could not be a priority because it would sidetrack a Labour Government. The abolitionists are unclear about how they would end the Lords. After all, peers will have to agree to abolish themselves. When the Campaign Group was asked last week, the treasurer, Mr Bob Clay, the MP for Sunderland North said that several ways had been aired in the past. Mr Tony Benn, who once suggested creating 1,000 Labour peers to do the job, puffed merrily on his pipe.

bad bill but we have never voted against a bill on the second reading in the Lords for the -'very finest reason that a Labour Government in power wishes that tradition to be maintained and would not; wish Tory, peers to vote against one of its own bills." The recent spate of Government defeats has been caused by a combination of Tory antipathy to ment proposals, cross-bench' opposition, the voting strength of the Alliance peers when mobilised (41 SDP and 41 Liberals and the increased effectiveness of the Opposition under Lord Cledwyn. Tory supporters in the Lords are independent-minded. The Government is not as strong in the House of Lords as some people imagine," the Labour peer and journalist Lord Ardwick told BBC radio at the weekend. People have the idea that there are several hundred peers sitting in their country castles waiting to put on their tweeds to come to- London and vote against the socialist idea. This is not so." He estimated that there were about 400 or 500 Tory peers but only around 200 were active.

Labour had 130 peers, of whom about 80 turned up regularly to vote. Whitelaw, Leader of the House of lords, formally announces 'the Government promise to bring telephone tapping under statutory controls in the next session of Parliament. The promise was forced on the Government when it was defeated in the Lords during the committee stage of the Telecommunications Bill, which passed through the Commons unscathed. Labour peers, backed by cross-benchers, successfully wrote into the bill a list of statutory controls on telephone tapping, much to the Government's embarrassment. Trade and Industry ministers insisted on removing the controls from their legislation, arguing that telephone tapping was a matter for the Home Office.

But Lord White-law, the former Horns Secretary had to tell his Cabinet colleagues that unless a concession was offered the Government might face another defeat in the Lords. This afternoon the Opposition will agree to its clause being taken out of the Telecommunications Bill in return for Lord Whitelaw's cast iron promise that telephone tapping will be dealt with to their satisfaction in a separate bill in the autumn. Environment minsters face a more difficult choice over THE LABOUR leader, Mr Neil Kinriock, ij expected to boycott the" forthcoming Birthday Honours List by refusing to submit any names for peerages. Although Lord Cledwyn, the Labour leader in the House of Lords, would welcome a bolstering of his ranks, Mr Kinnock is likely to follow the practice of his predecessor, Mr Michael Foot, by resorting to a special list of working peers, probably in the autumn. Labour's reluctance to take part in the patronage system and increase its strength in the Lords is part of its policy to abolish the upper chamber when it is returned to office an objective given priority by the- left-wing Campaign Group of MPs in a pamphlet last week.

Not only leftwingers' wish to see the Lords swept away. Mr Hoy Hattersley, the party's deputy leader, has long been committed to a single chamber Parliament. But abolitionists are currently wrestling with a paradox as the upper chamber is the only place where 'the Government is likely to be defeated, given Mrs Thatcher's Commons majority of 140-plus. This will be underlined this afternoon when- Lord defeated twice on the same issue in the Lords it would be under even greater pressure to accept that judgment. Therefore ministers are likely to use constitutional -strong-arm tactics by reversr ing the amendments in the Commons, rather than in the report stage which begins in the Lords on Thursday.

It would then be open to the Lords to reject the Commons decision and send the bill back to MPs, who could then once more overturn the Lords. But this would delay the bill for a year and bring the House of Lords into direct conflict with the McGlinchey case raises Ireland Vital support that eludes Extradition defended by Irish premier Man who boasted of 30 killings From David Beresford in Belfast Dominic McGlinchey was hnrn in -TllTlR 1054 thirri nf family of nine children living in the village of Bellaghy. South Londonderry. As a teenager working as a mechamc a family garage, he was caught up in the trou- bles, being interned in 1971 at. the age of 17.

Released after nearly a year, lie was subse- guently gaoled for possession of weapons and served 18 months. It was on his release from this term of imprisonment that McGlinchey first gained prominence as a member of an IRA active service unit oper- otina in CniitV, Tlnm- Thn unit their Housing and Building Control Bill after three defeats during the bill's committee stage. These defeats were inflicted not only by Labour, Alliance and cross-bench peers but by Tories who oppose some of the Government's detailed policies on the sale of houses particularly those built on land owned by charities. Ministers are insisting that the defeats be reversed but Lord Whitelaw has told them that if they press the issue too far, he cannot guarantee getting the bill through intact. If the Government were Forum stakes mon national provision for the HepuDiics tnree main parties and Ulster's Social Democratic and LaDOur party.

It is due to nr0lmce its final renort within pruuuee lis iinai report wnnin tne next montn. After meeting the Northern Ireland. Secretary, Mr James Pr. -in Barry onen on tneorth- em ifthan at any tfmrdur- Hft vr lasl Fianna Fail, with its stronger, sense of national opposition to the northern state was clearly uncomfor- table about the decision yester- day. The minister, Dr Michael Woods, merely said that the long-term effect would have to be con- JBUt Tne DarlV altltUde W3S "SP'iaJS VMC difflCUlt.

tO. defend. They. jMS extradition of neoole wanted in Section with poliS aiv- uies acnv Dr FiteGeraid, in reply to a broadly sirnilar point, said on Irjsh Hadio It.s a sad kind of nationalism that thinks tnat raurder can be a political offence. It is not the sort of 1 was br0Ught up eel.

nun ate vauuua siagcs of court The supreme uourt is aue io mie shortly on two cases. Joseph gives schools may By Wendy Berliner Education Correspondent is believed to have been led by began. Dublin has previously exemplified better by a back-Francis Hughes the second refused to extradite suspects bencher, Mr Niall Andrews, who of the hunger strikers to die in on the ground that its laws said he opposed extradition 1981. prevent the return of people SSSLSSLSSf'lJK" McGlinchey was rearrested wanted for political crimes. 't North He added in 1977 and later sentenced to The break in the McGlinchey fnt like McGlinchlv four years for hijacking and case actually came-15 months tow? another weapons offence.

It ago when the Irish Supreme til suiltv but was during this gaol term that court ruled that his alleged wted him tried in the he eft the IRA to join the crime could not be considered south than the Irish National Liberation political. ratneJ; nan tne wortn- Army, reportedly out of until then, defendants before tFai! sources jug-frustration at the IRA's failure Irish courts could avoid the that there was a deli-to capitalise more effectively ruCs clutches merely by berate policy to mtroauce nn tho hntr trifro "'K. widespread extradition by All elected chamber. With an eye on self-preservation, the Lords might back down before, such, a confrontation. Labour's chief whip in the Lords, Lord P.onsonby, said yesterday "It is ironic that a Tory Government is much more to accept a decisive vote in the Lords than a Labour Government because Labour -can that it is in the inbuilt Tory majority in the which did The Lords were, amused recently to find themselves the of attraction in the battle-by the Greater London Council leader, Mr Ken Livingstone, to stop his author sible priorities, he said, to ensure that children had of charity its renewed campaign last June, claims all-party parlia- mDntoMT KnnMnn niMA.n 4Vln their Allt After being released in 1982 MpT.Hni.hPv nnipWv tamnu the Lords, Viscount, Whitelaw and ity and the metropolitan county councils being abolished.

Mr Livingstone believes that the Lords are his last hope for frustrating the Government on this issue and on rate-capping. But despite their total opposition to both bills, Labour peers will riot vote against when they have their second reading. A convention has arisen in the Lords that all-important legislation of the Government of the day is given an unopposed second reading, though it is clobbered in committee. Lord Ponsonby explains: We may say it is a bloody headquarters yesterday. Picture by Don McPhee Charity case fund backed By Susan Tlrbutt THE Charity Commission is supporting a campaign for a fund to be set up which would test the limits of charity law.

The chief commissioner, Mr Denis Peach, said yesterday that such a fund would gently push out the frontiers of charity law. The proposals for state funds to be made available come from the National Council for Voluntary Organisations, which wants to reform the law through the courts, with cases testing whether activities such as the relief of unemployment are charitable. But other proposals from the council, Including legislation to modernise charity law, are not supported by (he comm.ssion. The council, which launched its campaign in June, now claims all-party parliamentary support laws NCVO to tidy up the charity laws, which was originally laid in 1 Afll UTAH 1ft alcfk tfTi- firm as charitable purposes the defence of human rights, pro- motion of international under- information on social welfare, general benefit and wel- fare of children, But according to the Charity Commission, which opposes new legislation, the only area which would be likely to cause practical problems is unem- ployment. INLA's mosf famous gunman.

The alacrity with which Reports linking his wife Mary. was extradited- with his exploits including within i8 'hours of his arrest confrontations with Irish police and immediately after two gearings-demonstrated iometninTof the reflation of determination to re- In lrhh Bim for Ministers in v. nnf hat Jth Trf' wi" be reciprocated in the re- with the Dublin Sunday Tri- by Unionists and the chey wfs SoSohave- f.rgSt"" tfatwffis; Scargill Patrick Wintour on the battle for hearts and minds in the coalfields. FROM the evidence of the 55,000 miners who have voted so far in area ballots on strike action over pit closures, Mr Arthur Scargill, would fail to win the necessary 55 per cent majority in favour of national action. But the miners' president claimed fairly at the weekend that, by comparison with the last strike ballot in March, 1983, there has been a significant swing towards a strike Although only one of the eight coalfields balloted so far has produced a majority in favour, seven have swung since 1983 towards a strike.

Only in the 650-strong Cumberland coalfield has opposition to such action increased. In 1983, only 39 per cent of the union's 182,000 miners voted for a strike. Judging by the trends shown in the eight ballots so far, Mr Scargill could expect to get a vote of only about 45 per cent in favour, similar to the vote in January, 1982, when Mr Scargill was president elect. So far, 55,627 miners have voted with 35,518 or 63 per cent opposing a strike. However, these figures give a distorted impression because it is only the moderate, coal fields which traditionally vote against strike action which have had ballots.

The left wing areas Yorkshire (55,000 members), South Wales (21,000) Scotland Kent (2,000) have not balloted their miners. Mr Scargill, stung by tabloid newspaper headlines proclaiming his humiliation, issued a statement at the weekend. He said The overwhelming media coverage of ballot results in certain NUM areas over the last 48 hours fails to take account of the overall position in the British coalfields." One area, Northumberland, which voted decisively against strike action had now voted in favour. When compared with last year, results in Nottinshamshire, the Midlands, South Derbyshire, Lancashire and. North Derbyshire showed a significant swing towards taking strike action.

Mr Scargill went on The Yorkshire area ballot of 86.3 per cent in favour of strike action, together with 68 per cent result obtained in South Wales last year and the decisions of Durham. Northumberland, Scotland and Kent, show a majority of miners in favour of taking strike action against pit closures." But Mr Scargill's reference to an 86.3 per cent majority in Yorkshire is questionable, since that majority was obtained in 1981. In the last three national strike ballots, Yorkshire voted 66 per cent, 56 per cent and 54 per cent in favour in January, 1982, October, 1982, and March 1983, respectively. Mr Scargill's reference to the 68 per rent result in South Wales in March 1083 is also open to criticism since in 1983 the strike ballot was prompted by the National Coal Board's decision to close a Welsh pit, Ty Mawr Lewis Merthyr. It is unlikely that anything like the same result would be achieved in such a ballot this time, since there is ill-feeling among the men in Wales over the way the Yorkshire coalfield did not fully back them in 1983.

At pit meetings a fortnight mo, most Welsh collieries voted against a strike. In considering whether to call a national ballot or to continue the current flying picket strategy, two questions will face the union's national executive and Mr Scargill. First, can the damage of the picket line scenes be quickly erased Secondly, if the assets of the Yorkshire NUM are sequestrated today, would it be possible to fight a national ballot campaign on the issue. NEWS IN BRIEF Attack on courts regime THE CAUSE of justice is being damaged by archaic conditions in Britain's court service, a chief constable has claimed. Mr lan Oliver, of Central Scotland police, says the entire structure of court procedure should be examined by a committee of inquiry.

Expressions of intent to improve the situation have been made, but little progress will be made unless there is a committee of inquiry," Mr Oliver said. Police officers continued to waste extravagant periods of time in courts, and there was a significant problem in terms of manpower, and public goodwill. He called for a civilian bus service to relieve pf the duty of ferrying prisoners to courts; and for a civilian administration to handle court security. Kasparov takes chess lead GARY KASPAROV, aged 20, of Russia, took a 3-1 lead ever Vassily Smyslov, 62, this weekend in the world chess final eliminator at Vilnius, in Soviet Lithuania, writes Leonard Barden. Smyslov conceded defeat without resumption in the unfinished fourth game, then requested postponement of the fifth round until tomorrow.

The contest is scheduled for 16 games, and the winner becomes the official challenger for the world title against the holder, Anatoiy Karpov. 'Bare bottoms' complaint A GUINNESS heiress has complained that airmen in a bus flashed their bare buttocks at her when she visited Green-ham Common air base last Friday. "I am writing to the commander of the camp to demand an explanation," said Lady Caroline Lowell, aged 51. Lady Caroline, a novelist who was researching for a book at the time, said I had a girl assistant with me and we were both shocked and appalled. I have never actually seen something so unpleasant." She was considering legal advice.

Double demo on farming front FOR the first time farmers and farmworkers are to stage a mass lobby of Parliament on the name day on Thursday but they will be pressing for different objectives. Several hundred farmworkers will gather to back their demands for a 30-a-wcek pay rise, and at least 500 farmers will be urging MPs to support them in winning a better deal in the EEC. They will all be lobbying at the same time. Prisoner eared from fire AN INMATE at Wormwood Scrubs prison was dragged from his blazing cell yesterday after he had set fire to it with rolled-up newspapers. Climber killed PAUL Williamson, aged 23, a forestry worker from Sherbum Hill, Durham, fell to his death yesterday while climbing on Ben Nevis.

PLANT A TREE 1 Just plants 1 1111 in youi nme 01 ihil al loved one as i lilt 01 mtmoilil. Fir details virile It: Thi VMIind Trust, fid. fW3. FUeoosl. tantrum.

Lines NG3I6BB (leg Charily No. 564781 Nottingham area NUM officials carry a ballot box from From Joe Joyce In Dublin t. Tr-ci mtai. 3mJ? Irish prime minister, yesterday stnnH hv thp riocielnti to evrra. stood bv the decision to extra- Aia nnmirti tn Northern Ireland while the opposition Fianna Fail party maintained an uneasy silence.

The decision seemed certain to have several political reper- cussiona-it raises the stakes for the new Ireland Forum and makes it all the more impor- tant for the participants that their final report prompt a new initiative on the Ulster prob- lem In the Republic the extradi- tion is seen as the first break in a policy that has been staunchly defended by all pre- vious Governments since the M.Mhs.r. Imlnnit ti-mihloc were carried out in pursuit of nnHHpal nMaWiVM e'B" "muster, mr reier oany, held out high hopes for tne enectiveness ot tne a orum. which is trying to reach a com- Sea flare blows off man's hand By a Correspondent A guitarist had his hand blown off and was blinded when he let off a flare during band rehearsals. David Sullivan, aged 18, of Millbrook, Southampton, was playing on Saturday with the band Dis in a Venture Scout hut in Southampton Docks when he found some distress flares kept by the Scouts for adventure training. Last night 80 of the flares were seized by a bomb disposal squad on the instructions of Southampton police, who said their Investigation of the incident was continuing.

A police spokesman said Mr Sullivan had been taken to the specialist burns unit of Odstock Hospital, Wiltshire. He had lost one nana, tne thumb of the other, and might not regain his sight. Ray Misson, aged 20, a rock musician who hired the hall on behalf of Dis, said yesterday that he had left the three band members practising. Mr Misson said Sullivan found some flares. "He went outside and suddenly there was an almighty flash and bang and Dave was thrown to the ground." The Venture Scouts hut is used by the 25th Northam Sea Scouts, whose leader, Mr John Griffin, said last night that the flares were always kept in a locked steel cupboard.

A notice on the door, warned people to keep out. They are quite safe if used properly. We take them to sea when our lads are out training In case they get into difficult ties," said Mr Griffin. hint that small country receive more finance 0t i ns. nnn tfcntVnM K'fn havins been in volved in the Droppin' Well pub bombing in Ballykelly in wnicn 17 people were Kiuea and having loaned a gun used in.

the Darkley Church massacre in which three people died. Insisting that the only civilian he had personally killed was an informer, Eric Dale, McGlinchey was Quoted as say ing of his victims As far as I am concerned, I view them, be they members of the RUC, the UDR or the British Army, as agents of a repressive and violent state." The editor of the Sunday Tribune, Mr Vincent Browne, reported that McGlinchey only became agitated during the interview when being questioned about the impact of these killings on the children of his victims. It now appears that it was McGlinchey's attempts to keep contact with his own two children which led to his capture at the weekend. THE STYLE IS VINTAGE BUT NOT THE PRICE Sir Keith Joseph, the Edu- ve off a significant propor- enough teachers to cover the cation Secretary, gave a firm tion of the education slice of curriculum, enough companions hint at the weekend that he is the rate support grant. This of their own age, viable teach-willing to earmark funds for would create a special fund ing groups, and reasonable pilot schemes to enrich the which could stimulate projects journey times to school.

curriculum of small country of particular interest to central He also gave delegates a list primary schools. government. 0f SOme of the issues he con-In a speech to a London con- In his speech Sir Keith said siders when examining propo-ference of the National Asso- that some schools had so few sals to close small schools, ciation for the Support of pupils that the curriculum These included the provision Small Schools on Saturday, he could not be covered without of a full curriculum, the popu-made it clear that this was one disproportionate costs, yet larity of the school as shown area which could benefit from nearby there could be a school by the numbers choosing it, legislation passing through with spare places. future demand, the alternatives Parliament. There was a need for sen- available and transport.

He was referring to the con- troversial bill which proposes oh reform the relief of unemployment Jre charitable. Tkn imMnl mm BMA warning on contraception curbs By Andrew Veitch, in a letter to all MPs today. parents must be responsible Medical Correspondent The letter is an attempt to for their children. However, Forcine doctor to inform dissuade MPs from supporting some parents abdicate these re- forcing doctors to ron Sir Bernard Braine's early day sponsibilities and we Delieve parents that their under-age motion to outlaw the practice. the health of these girls should daughters want contraceptives rr Havard says Doctors not be put at risk." will not stop the girls having will do all they can to per- The pressure group, Doctors sexual inteycourse ii will suade girk that their for a Woman's Choice on Abor- simply discourage them from parents should be informed, tion, said yesterday that obtaining medical help, the Where girls Come from good changing the law would mean British Medical Association sec- families, the doctors are almost more pregnancies and more retary, Dr John.

Havard, says always successful. Of course, abortions. Progress By Susan Tlrbutt The Charity Commission is supporting a renewed can tor a test case fund to be set up to aid key cases in charity law. The chief charity commis- sioner Mr Denis Peach said yestoday that such a fund wouW aUow the frontiers of charitv law to be aently nuthPd nut yuaucu ui. The fund would be used to reorm the law with cases test- irig whether activities such as state funds ava51abie for cha 200 individuals and organisa- ity law test cases Is one of tions listed as supporting some four main recommendations by all of its proposals.

NCVO -the National Council for 'They include allowing chari- Voluntary Organisations. None ties to campaign freely for and tnf PrPsals. jnclud- against change! in the law, and in legislation to modernise providing a quicker and frlen- law, and confirming dlier registration system by the activities such as job-creation Charity Commission. The 15 and relief of unemployment as registration should be raised to charitable have the 150 and index-linked, says the commission's support, NCVO. The NCVO, which, launched Legislation envisaged by the Also Old SflElp Coronation jULfgi tHUSf finest Old Tawnies.

I Imparled It R'lthaitord. Osbmnc Pcikin London.