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Commons Chamber

Volume 347: debated on Tuesday 5 August 1890

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House Of Commons

Tuesday, 5th August, 1890.

Questions

The Public Vaccinator At Denaby

I beg to ask the President of the Local Government Board whether a Government Inspector was recently sent down to inquire into certain charges made against Mr. Rowland Hills, the public vaccinator at Denaby, Yorkshire; whether it was proved to the satisfaction of the Inspector that Mr. Hills had made an arrangement with a man to vaccinate babies, to charge for the same, and then to give the parents unsigned certificates, which were subsequently signed by Mr. Hills, and presented to the Doncaster Guardians, when they were again charged for,' as though the vaccination had been free; and what further action the Local Government Board intend to take in the matter?

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THE PRESIDENT OF THE LOCAL GOVERNMENT BOARD
(Mr. RITCHIE, Tower Hamlets, St. George's)

One of the Medical Inspectors of the Local Government Board has recently made inquiries into alleged irregularities in the performance of public vaccination in the Doncaster Union. There appears to bo no doubt that Mr. Hills, the public vaccinator, had made an arrangement by which children were vaccinated by a Mr. Smith, an unqualified medical practitioner. The certificates of vaccination were filled in with the usual particulars by Mr. Smith, who vaccinated the children, and were then submitted by him to Mr. Hills, who, after signing them, as having himself performed the vaccination, forwarded the certificates to the Vaccination Offices. In some of these cases, although the vaccination fees were charged to the Guardians, payment was made to Mr. Smith by the parents. The Board have communicated with the Guardians, and requested them immediately to determine the contract with Mr. Hills, and have informed them that it will devolve upon them to consider what action they will take with regard to the cases in which they have been improperly charged with the vaccination fees.

East Indian Civil Servants

I beg to ask the Under Secretary of State for India if the House will have an opportunity of discussing the Report of the Committee on the grievances of East Indian Civil Servants before any action is taken upon it; if it was intended that the Committee should report not only on the existence or non-existence of real grievances, but also on the specific remedies to be applied; whether the Government or the Under Secretary personally are pledged to the approval of the Report by the circumstance of the Under Secretary moving it in Committee, or whether he merely acted ministerially to carry out the resolutions of the Committee; and whether, if it is desired to take any action, either in the direction of conceding the recommendations of the Committee, or submitting those recommendations for the consideration of the Government in India, anything more can be done than to lay those recommendations before the Council of India in Downing Street, and to leave it to the majority of that Council to decide on a matter affecting the finances, of India, and especially payments from the Home Treasury, in accordance with the power vested in them by the Indian Councils Act?

The reply to paragraphs one and three of the question is—No, and to the second and fourth—Yes.

The Indian Budget And The Indian Councils Bill

I beg to ask the First Lord of the Treasury whether he can now fix the date for the Indian Budget Statement; and whether, in view of the fact that the Indian Councils Bill affects more than 200,000,000 of Her Majesty's subjects, and that repeated undertakings have been given for its ample discussion at an early period of the Session, he will arrange that the Second Reading be taken with as little delay as possible?

*

I join in the expression of regret which I understand this question is intended to convey, that it has not been possible to take the Indian Budget at an earlier period in the course of the present Session. But that is due, I am afraid, to the fact that the House has debated other questions at very considerable length. In regard to the Indian Councils Bill there can be no doubt that it is a very important measure, affecting a large number of Her Majesty's subject. I also acknowledge that I have given repeated undertakings to the hon. Member that, as far as was in my power, an opportunity should be afforded for the consideration of the measure. It has not been possible to redeem those pledges. I deeply regret the fact, and I am afraid that it will not be possible to afford an adequate opportunity for the discussion of the Bill this Session. The hon. Member will see that I am unable at present to appoint a day for the Indian Budget Statement. As soon as we have got through the other business it will be taken.

In consequence of the answer which the right hon. Gentleman has just given in reference to the Indian Councils Bill, and the decided implication that it will be impossible to proceed with it in the course of the present Session, may I ask that it may be taken early in the next Session? I know that there are many Members, who, during the last two months, have specially intimated their intentions of taking part in the Debates upon it. It is quite certain that whenever it is taken there must be a long Debate on the Second Reading, seeing the number of Amendments which stand upon the Paper, and the avowed intention of raising in Committee the question of the elective principle.

*

I think it will be better, under the circumstances, that I should say at once that the Government will not proceed with the Bill this Session.

Worcester Grammar Schools

I beg to ask the hon. Member for Penrith (Mr. J. W. Lowther) whether the Charity Commissioners have decided that nothing can be done in the direction of the amalgamation of the two ancient Grammar Schools at Worcester; and whether he is aware that there is no room for two efficient schools of the kind in the same town?

The Royal Free Grammar School in Worcester could not legally be amalgamated with the Cathedral School without the consent of the governing body of the latter, the former being an open, and the latter a denominational, endowment. The Commissioners are aware that there is not room for two co-ordinate schools of the same classical type in the city. They propose, therefore, to provide that the Royal Free Grammar School shall give a practical, modern education, at a low cost.

The Congo Free State

I beg to ask the Under Secretary of State for Foreign Affairs whether, under the General Congo Treaty of Berlin, 1885, the Congo Free State undertook that merchandise imported into that country should remain free from import or transit dues; whether, in violation of that undertaking, transit duties and an export duty of 5 per cent. are now levied on all exported goods; and whether, when the Brussels Act comes into force, if ever, the Congo Free State will be at liberty to raise both import and export duties; and, if so, to what percentage?

THE UNDER SECRETARY OF STATE FOR FOREIGN"AFFAIRS
(Sir J. FERGUSSON, Manchester, N.E.)

1. The Congo Free State was a party to the provisions of the Berlin Act. 2. We are not aware that the Congo Free State levies transit dues. The Congo Act allows export dues. 3. As to import dues, the maximum under the Brussels Act will be 10 per cent. ad valorem, except as regards spirits, which will be subject to special regulations. They were sanctioned by the Brussels Conference, chiefly in order to enable the State to undertake the measures designed to extirpate the Slave Trade.

I beg to ask the Under Secretary of State for Foreign Affairs whether the United States of America only consented to recognise the Congo Free State on the condition that merchandise imported to that territory should remain free of Import and Transit Duties; whether the Brussels Act can be enforced according to International Law without the consent of the United States; whether at the Brussels Conference the American Envoy opposed the proposition that the Congo Free State should be permitted to levy Import Duties, and declared the Conference incompetent to modify the Berlin Treaty of 1885; and whether the United States has since given its adhesion to the Brussels Act, authorising the establishment of Import and Transit Duties by the Congo State?

*

(1) Yes. (2) Not as far as regards United States citizens. (3) The United States Government, at the commencement of the deliberations, raised objections to the levy of duties by the Congo State. (4) But subsequently signed a declaration relinquishing the right of the United States to the free entry of American merchandise into the Congo State, on the same conditions and within the same limits as those specified in the declaration signed by the Signatory Powers of the Berlin Act. This provisional declaration is eventually to be supplemented by a Treaty.

Under the present Act will the Congo Free State be at liberty to levy both Import and Export Duties?

*

Yes. The Congo Free State will have the same liberty to impose Export Duties as it has now.

Will it be competent for America to send in merchandise without paying Import Duties?

*

My previous answer explains that point. If the American Government accedes to the Brussels Act, American merchandise will pay the same duties as that of other Powers.

The Banstead Asylum

I beg to ask the President of the Local Government Board whether his attention has been drawn to the following passage in the last Report of Her Majesty's Commissioners in Lunacy (Appendix C, page 215), with reference to the Banstead Asylum—

"Applicants for discharge were also a legion during our visit. On this point we could only refer them to the Committee (having ourselves no power in the matter), and were then too often answered that they never had an opportunity of speaking to the Committee. Doubtless this answer is beyond the truth, but we fear that the changes incident to recent legislation have interfered with the regular visitation of the wards by the Asylum Committee;"
and whether, in view of this serious testimony, he will consider the desirability of taking away the duty of visiting the asylums in the county of London from the London County Council, and restoring it to the Justices, or of handing it over to the Metropolitan Asylums Board?

*

My attention has been drawn to the passage referred to in the Report of the Commissioners in Lunacy with reference to the Banstead Asylum. I have been in communication with the London County Council on the subject, and the Chairman of the Asylums Committee of the Council, who is also chairman of the Banstead Asylum Sub-Committee, states as follows:—

"The date of the Report in question is October 26th, 1889. The County Council took over the Asylums in the previous July. Therefore, these were early times to report on. I have been on the Banstead Committee of Management without a break for 10 years, formerly as a Justice, latterly as a County Councillor; and have been at every fortnightly meeting in all those years, except, perhaps, three or four. I am sure the County Councillors have visited the wards and interviewed the patients more frequently and more thoroughly than the Justices did. There has never been a break in the regular statutory visitation; and every fortnight some of the Committee inspect some of the wards and interview some inmates."
I see no ground for proposing that the duty of visiting the Asylums in the County of London should be taken away from the London County Council.

Customs Outport Clerks

I beg to ask the Secretary to the Treasury whether a Memorial has recently been forwarded from a large number of the Customs outport second-class clerks, praying for compensation for loss of prospects, and for re-arrange- ment of promotion, and whether the Board have declined to grant the prayer of the memorialists; whether the Treasury contemplate any immediate improvement in the position of these clerks, on the lines of the recent improvement in that of the Second Division of the Civil Service; whether a further reduction in the number of the first-class outport clerks is contemplated, and whether the vacancies in the list of clerks rising to £300 are intended to be filled up; whether it is intended to apply the seven hours system to the clerks as a body; and, if so, on what terms; and whether he will include the alleged grievances of these clerks in the inquiry which it is understood he is conducting in the matter of the outdoor branches of the Customs Service?

A Petition has been received from a number of Customs outport second-class clerks, and has been refused by the Board as unreasonable. No reduction in the number of Customs first-class outport clerks is contemplated, but, of course, no pledge can be given that the existing number shall be rigidly maintained. No vacancies in the list of clerks rising to £300 at present exist. It is not intended to apply the seven hours system to these clerks as a body, but clerks accept promotion to the first-class on the understanding that they are liable for the seven hours. I regret that I cannot extend the inquiry I have undertaken in the case of the outdoor branches so as to include these clerks.

The Grenadier Guards

I beg to ask the Secretary of State for War whether he will consent to place upon the Table of the House copies of the Minutes of the Courts Martial on the men of the Grenadier Guards, recently quartered at Wellington Barracks; and will he further consider the advisability of securing to soldiers similar publicity of trial as that of civilians in Magisterial Courts, and which, by the publicity of their proceedings, aid in diminishing crime?

*

To produce the proceedings of these Courts Martial would not be to the benefit of the Public Service. I may, however, inform the hon. Member that perfect publicity of trial is secured to soldiers, as all Courts Martial are open Courts to which the public has free access.

In reply to a futher question by Mr. GOURLEY,

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said: I would venture to suggest that the House of Commons is not the proper place for discussing these proceedings.

Treaties Of Commerce

I beg to ask the President of the Board of Trade if he can inform the House which of the Treaties of Commerce now existing with foreign nations expire in 1892, upon 12 months' notice on either side; whether any of the existing Treaties lapse without notice being given; if the Departmental Committee now examining the Treaties at the Board of Trade, is taking evidence upon the wishes of the commercial communities of the United Kingdom and of the colonies; and if their Report will be laid before Parliament, and opportunity be afforded for discussing it prior to any action being taken, and before the time at which notice to terminate, either wholly or in part, must be given?

*

The Commercial Treaties with Bulgaria, France, Italy, Montenegro, Portugal, and Spain, are terminable at various dates in 1892, upon 12 months' notice on either side, and if no such notices are given, will thereafter be terminable at 12 months' notice at any time. None of the existing Treaties lapse without notice. The Treaties Committee will, doubtless, consult the commercial bodies of this country respecting the wishes of British trade, but it is not proposed to extend their inquiries over the whole British Empire. It is not intended to depart from the course heretofore adopted in regard to the Executive having the charge and responsibility of commercial negotiations.

Jews In Russia

I beg to ask the Under Secretary of State for Foreign Affairs if anything can be done to influence the Emperor of Russia in favour of the Jews in his Empire, now threatened with severe affliction?

*

These proceedings, which, if they are rightly reported to us, are deeply to be lamented, concern the internal affairs of the Russian Empire, and do not admit of any interference on the part of Her Majesty's Government.

Malta

I beg to ask the Under Secretary of State for the Colonies whether, since the General Election in September, 1889, the Council of Government in Malta met for the first time on the 29th January, 1890, when little or nothing was done; whether it was kept closed from 29th January to 14th May; whether, just as it had got into working order, its sittings were again brought to an abrupt termination on 25th June; and whether, as; there is before the Council of Government at the present time a Motion for an Address to Her Majesty which, among other prayers, contains one for removing from the Civil List the sum of £1,000, out of which all the expenses incurred by Sir Lintorn Simmons and his suite have been ordered to be paid, he can state when it is intended that the Council of Government shall be summoned for the discussion of this Motion, and for the despatch of the business of the island?

THE UNDER SECRETARY OF STATE FOR THE COLONIES
(Baron H. de WORMS, Liverpool, East Toxteth)

The statement in the first paragraph of the question is correct. The delay was caused by the change of Governors owing to the death of Sir H. Torrens. The answer to the second paragraph is, Yes. The Council was adjourned on the 25th of June, after passing several important Estimates, ordinances and useful measures. It was adjourned earlier than the Governor had anticipated on account of the three un-official Members of the Executive Council sending in their resignation which has been accepted. It is hoped that others will shortly be appointed fairly representing the majority of the Council of Government, which will meet again after vacation in October next.

I beg to ask the Under Secretary of State for the Colonies whether the decrees of the Council of Trent have been promulgated in the Island of Malta; and, if so, by whom, at what date, and under what circumstances?

I would refer the hon. Member to what was said by the Secretary of State in another place, on the 24th ultimo, namely:—

"The Legal Authorities in Malta have advised that it was duly promulgated there, that it was accepted by the Civil Authorities, and that it has ever since continued to be the Civil Law of the island. We have no information as to the date and circumstances of the promulgation."

I beg to ask the First Lord of the Treasury whether he has received a letter from Mr. Savona, bearing date 12th July, 1890, on the Constitution of Malta, and the recent proceedings in the Council of Government of that island; and, if, so, whether he can state what answer, if any, has been returned to the letter in question?

Compositions For Ships

I beg to ask the First Lord of the Admiralty what are the names of the compositions which have been used in the Navy for the first time since the date of Commander Pitt's appointment at the Admiralty; whether the experts on the late Committee or the technical Dockyard Officers have been consulted as to the efficacy of Commander Pitt's instructions for guidance in the application of compositions to the bottoms of Her Majesty's ships, and as to the applicability of these instructions to the various compositions in use in the Navy; and whether any manufacturers who supply compositions to the Admiralty have been consulted by Commander Pitt with reference to these instructions; and, if so, what firms or agents?

*

Apart from the compositions which have been applied experimentally, Rahtjen's composition is the one which has been adopted for the use of the Navy since the Committee made their Report. This composition was at the time under trial. The answer to the second question is "No," the Admiralty being fully able to deal with the matter themselves. The reply to the third question is "Yes," namely, the Maritime and General Improvement Company:—Messrs. Peacock and Buchan, and the Suter, Hartmann, and Rahtjen's Composition Company.

Railway Rates

I beg to ask the President of the Board of Trade whether the Board have agreed with the London and North Western Railway Company as to the classification and Schedule to be embodied in a Provisional Order and reported upon to Parliament; and, if so, whether such Report will be made by the Board during the present Session; and whether, in the event of disagreement with the Company, the Board will determine the classification and Schedule which they are of opinion ought to be adopted, and report thereupon to Parliament before the expiration of the present Session, or if they intend to postpone such Report till Parliament meets in November?

*

The Board of Trade have not been able to agree with the London and North Western Railway Company as to the classification and Schedule to be made applicable to them. Consequently, the Board of Trade will take the course provided for by Sub-section 6 of Section 24, and will make their Report to Parliament before the end of the present Session.

Stamp Frauds

I beg to ask the Chancellor of the Exchequer whether' his attention has been called to the recent conviction, at the Central Criminal Court, of two men, named Falvey and Foskett, for stamp frauds, to the rider to the jury's verdict in the case, and to the observations of the Judge when sentencing the prisoners; whether it is a fact that there has been considerable laxity in the proper custody of the stamping dies in the Department of the Chief Superintendent of Dies at Somerset House, and who are the superior Revenue Officers primarily responsible for this neglect of duty; whether it is known how long the fraudulent practices in question have been carried on; whether there is any truth in the rumour that, owing to the circulation of fraudulent stamps upon the Stock Exchange for some time past, the State has lost several thousands of pounds of Stamp Duty; and whether any absolute knowledge on this head has been arrived at by the Treasury, and has that Department made any special and independent inquiry into the matter, or does it propose to do so?

*

In the absence of my right hon. Friend I will answer the question. The Board of Inland Revenue are not prepared to admit that considerable laxity in the proper custody of dies in their Stamping Department exists. These dies are kept strictly as laid down by the regulations for which they are responsible, but on the rider to the Jury's verdict, in the case of "The Queen v. Falrey and Foskitt," being brought to their notice, the Board themselves, with the assistance of their solicitor, commenced a searching inquiry, which is still proceeding, with a view of ascertaining, if possible, the person or persons responsible for the fraud, and of making, if found desirable, stricter regulations as to the custody of the dies. There is no reason to believe that these frauds have been going on for any length of time, and the evidence disclosed at the Police Court and at the trial only pointed to the fraudulent use of dies on three dates in March of this year. There is no reason to give credit to any rumour that the State has lost several thousands of pounds of Stamp Duties. The facts have not yet been sent officially to the Treasury, pending the inquiry by the Board of Inland Revenue, but they will be reported on as soon as that inquiry is completed.

Sugar Convention Bill

I beg to ask the Under Secretary of State for Foreign Affairs whether it is true that the Sugar Convention Bill has passed the French Chambers; and what steps Her Majesty's Government intend to take to fulfil the international engagement made by this country?

*

The Bill which has been passed by the French Chambers is not the Sugar Convention Bill, but one of domestic policy, designed to recoup the State for the great profits which the sugar refiners are said to have been making by the existing system. As regards the second paragraph of the question, the time for the ratification of the Convention expired on the 1st of August.

Westminster Hall

I beg-to ask the First Commissioner of Works whether his attention has been called to the decay of the new stone-work on the west side of Westminster Hall?

The new stone-work of the new buildings on the west side of Westminster Hall has been carefully examined, and, with the exception of two or three small stones, which are evidently soft, there is no decay. Some interesting stones which were taken from the old buttresses have, however, been raised in corresponding positions in the new buttresses and these, having been covered up in the old buildings for many years are, now that they are again exposed to the atmosphere, showing signs of decay on the surface, but this, after a time, will probably cease to a great extent. With respect, however, to the new stone-work which has been used as a facing to the main wall in the interior of the Hall, I regret to say that, from some reason which cannot at present be explained, certain patches of the work are undoubtedly decaying on the surface, and, strange to say, in the same places as the decay had principally occurred in the old stonework before the repairs were effected. The architect, Mr. Pearson, is at present quite unable to account for this mysterious decay, and assures me that the stone selected for the work (Ketton) is the best for the London atmosphere, and this opinion would appear to be borne out by its standing well on the outside of the building. It is believed that there must be some peculiarity in the mortar of those parts of the old wall where the decay is taking place, and I intend to have the matter thoroughly investigated at once, with a view of ascertaining the cause, if possible.

The Naval Manœuvres

I beg to ask the First Lord of the Admiralty what information he has as to the firing of the heavy guns of H.M.S. Hero and Inflexible (the most powerful ships of the squadron which actually fired their heavy guns) during the present manœuvres on Friday last; whether it supports the account in the Times, of 4th August, that—

"One of the turret guns of the Hero could not be fired during the greater part of the practice;"
that at the conclusion of her independent firing on Friday the Inflexible reported that—
"The guns could not be run in, and that it was therefore necessary to take the pistons out, which could not be safely done at sea. If the operation had been real warfare instead of peaceable target practice half the heavy armament of these two powerful ships would have been disabled early in the action, not by the fire of the enemy but by their own inherent defects."

I also beg to ask the First Lord of the Admiralty whether it is correct that, during the heavy gun practice off the Scilly Islands on Friday last, two of the four 80-ton guns on board the Inflexible were for a considerable time disabled by accidents to their hydraulic gear, and that, on Saturday, one of the 44-ton guns of the Hero was disabled from the same cause; and whether, in consequence of these (and similar accidents during the Manœuvres of last year), Her Majesty's Government will consent to the appointment of a Departmental or Select Committee, to inquire into the whole system of gunnery in connection with the Navy, and more especially for the purpose of ascertaining whether the proposals for arming the ironclads now building under the Naval Defence Act, with big guns, are the most suitable for Naval warfare?

I also wish to ask the noble Lord whether it is true, as stated in the newspapers, that at heavy gun target practice off the Scilly Isles, on Friday last, two of the four 80-ton guns on board the Inflexible, and one of the two 44-ton guns on board the Hero became totally disabled; and will he inform the House who is responsible for the defective construction of these guns?

*

No reports have as yet been received at the Admiralty of failure in the hydraulic arrange- ments for working the heavy guns of the Inflexible and Hero. As regards the Inflexible, all the 80-ton guns were in continuous use for 10 consecutive hours at the bombardment of Alexandria, firing the maximum charges of powder the whole time, and there was not the slightest failure of any sort whatever at any time in any of the hydraulic arrangements during the whole period of the action in question. As regards the Hero, her heavy guns have been continuously used for instruction during the last two years in the training of seamen gunners at Portsmouth, and during the whole of that period there has been no failure in the hydraulic arrangements for working the heavy guns. I have full confidence in my gunnery advisers and the Board of Admiralty are thoroughly satisfied as to the efficiency and system of working heavy guns in the Navy, and there is, therefore, no intention of appointing a Committee to inquire into the subject.

The New Magazine Rifle

I beg to ask the Secretary of State for War if he can now state the result of the official inquiry as to the jamming and other defects in the new magazine rifle, mentioned in the Times report of the recent practice at Bisley?

*

I have not yet received a Report, and I must ask my hon. Friend to postpone the question.

The Papal Court Of Rome

I beg to ask the Under Secretary of State for Foreign Affairs whether, during the last Administration of the late Sir Robert Peel, and subsequently, the British Government was diplomatically represented at the Papal Court of Rome by a functionary, who, although nominally attached to the British Legation of Tuscany, was, in fact, accredited to the Pope of Rome?

*

At the time referred to, and subsequently, an Attaché to the British Mission in Tuscany resided at Rome, and was in confidential communication with the Papal Government. But he was not accredited to the Holy See.

Reports, Police (Counties And Boroughs)

I beg to ask the Secretary of State for the Home Department whether he is aware that, in the "Reports, Police (Counties and Boroughs)" for 1889, the tables on pages 118 and 119 do not give the population according to the Census of 1871, so as to be uniform with the similar tables on pages 222, 223, 318, and 319, and that the table on pages 318 and 319 entirely omits the population in the case of about 31 boroughs; whether he will consent to a re-issue of the three tables, so as to make them uniform and complete; and whether he will take steps to prevent a repetition of these omissions?

*

The three tables were prepared by the Inspectors, and it is true there is some slight want of uniformity in them. I will give instructions, so that hereafter this may be remedied. The 31 boroughs have not been omitted, but having, in pursuance of the Local Government Act, been merged in counties, their figures are included in the County Returns.

Church And Poor's Land, Defford

I beg to ask the hon. Member for Penrith whether he is aware that in the new scheme for the administration of the Church and Poor's land of the township of Defford, in the County of Worcester, the Charity Commissioners have stipulated that the three representative Trustees shall have a ratal qualification of not less than £15, whereby all members of the working classes of the district, and also any other person occupying a house without land attached, will be entirely excluded from the administration of the charity; whether he is aware that instead of the share of the poor in the fund being distributed in coal, as hitherto, it is intended that this shall only take place after a preference has been shown by subscriptions to dispensary, infirmary, hospital, convalescent home, and provident clubs, a method of distribution which is generally objected to by the people of the country districts; and whether the Commissioners intend to take any action in the matter?

*

According to the original Trusts of the endowment of the Church and Poor's Land of Defford, the Trustees are to be "landowners of Defford, which are of the best, largest, and ablest estates there," and the Commissioners consider that their proposal fairly represents the original qualification. The provisions for the application of income, which are inserted in the draft scheme, are those in general use in schemes for dole charities; they were approved by a Select Committee in 1884; they do not give preference to any one of the several alternate modes of application suggested, of which distribution in coal and other articles in kind is one.

Anglo-French Agreement

I beg to ask the Under Secretary of State for Foreign Affairs whether the Government has entered into negotiations with France respecting Madagascar; and, if so, whether they will give the House an opportunity of pronouncing a judgment before concluding a Treaty on the subject?

*

I must ask the hon. Member to postpone the question until Thursday. I think I shall then be able to give him a more satisfactory answer than I could give him to-day.

Anglo-German Agreement

I beg to ask the Under Secretary of State for Foreign Affairs whether it is the case that Sections 1 and 2 of Article III. of the Anglo-German Agreement define the boundaries of the Cape Colony and the German Territories; whether the Cape Government have been consulted as to these boundaries; and whether it is the intention of the Government to consult the Cape Ministry as to the further delimitation of the Cape Territory at Walfisch Bay, before offering a settlement, or going to arbitration, as defined in Clause 2 of Article III. of the Anglo-German Agreement?

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As this question only appeared on the Paper to-day I must also ask the hon. Member to postpone it. Perhaps before question time is over I may be able to answer it, but I cannot at this moment.

Subsequently,

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said: Section 1 of Article 3 speaks of the Orange River as a boundary. As this made no change in the status quo, there was no question on which consultation was required by the Cape Government. The remainder of the section and the 2nd section do not define the boundaries of the Cape Colony; the contiguous territories belong to the Crown Protectorate of Bechuanaland, and to Khama's country, which is under Imperial protection. As regards Walfisch Bay, Her Majesty's Government have complete knowledge of the question in dispute, as stated on behalf of the Cape and on behalf of Germany. They would give the Cape Government every opportunity of strengthening their case before going to arbitration.

Was the right hon. Gentleman mistaken yesterday when he said that the Cape Colony would not be considered because its interests were not affected? As its interests are affected, will he carry out his pledge of May 19, that it is the duty of Her Majesty's Government to ascertain and give due aonsideration to the opinion of the colonies before the question is finally settled?

*

I have nothing to add to the very full answer I have given to the hon. Member.

Pc Marr

I beg to ask the Under Secretary of State for the Home Department whether a police constable named Marr, who, at the Manchester Assizes in December, 1888, was convicted of manslaughter, and sentenced to 18 months' imprisonment, being at the same time severely censured by the Judge for having perjured himself, has since his release been re-admitted into the Force, and is at the present time serving in the D Division of the Manchester City Police, or is on the probation list, with the view of being reinstated in the Police Force; and whether he can make any representations to the Police Authority in Manchester on the subject?

*

Yes, Sir; it is the fact that this man is on the probation list in consequence of there being a strong feeling among the Local Authorities that he was not guilty of the offence of which he was accused. It is not the fact, as alleged, that he was severely censured by the learned Judge.

Erzeroum

I beg to ask the Under Secretary of State for Foreign Affairs whether he has had any further information as to the five prisoners incarcerated in the prison of Erzeroum for a full twelvemonth, namely, Bedros Athamian and four others, and as to the five prisoners imprisoned for the last three years in the gaol of Erzingian, namely, Ohannes Kaladjian, Boghos Berberian, Nichan K. Artzruni d'Eguin, Nichan Akevnian, and an Armenian priest of Seghert; whether he is aware that their only offence was having a patriotic song, written in pencil, in their wallets, which they had not published in any way, as is necessary for conviction according to Turkish law; and whether Moussa Bey has been brought to a second trial, as was reported was to be done; and, if so, what stage has the trial reached?

*

The Grand Vizier denies that there are any Christian Armenians either at Erzeroum or at Erzingian who have been kept in prison any length of time without trial. Moussa Bey has not yet been put on his trial again, but he has not been allowed to leave Constantinople.

Libel Action At Manchester Assizes

I had intended to ask the Secretary of State for the Home Department if his attention has been drawn to the report of a libel action tried at the recent Manchester Assizes before Mr. Justice Vaughan Williams, wherein it was stated that the police had handed over to the plaintiffs in the case a petition against a house which it was alleged or suspected was used for immoral purposes, and if it is customary to treat such communications as privileged; and whether the police exceeded their duty in handing the document to the tenants of the house in question, upon which letter the case was based; but I will postpone it until another day.

Outrages In Macedonia

I beg to ask the Under Secretary of State for Foreign Affairs whether British Consuls in the Ottoman dominions enjoy the right or are granted permission to visit State prisons; whether, in that event, they ever do so; whether Her Majesty's Government are in possession of any Consular Reports upon the condition of Turkish prisons; and, should no such Reports be in existence, whether the Government will direct Her Majesty's Representative at Constantinople to request the Porte to give British Consuls facilities to test the accuracy of recent statements as to the horrible state of the prison in Uskup, and the habitual use of torture there and in other prisons of Macedonia?

*

I am now able to reply to a question put by the hon. Member for Stoke on the 31st July, that inquiries have been made with regard to the reports appearing in the Daily News of the 29th of July; that the manager of the Salonica Railway emphatically contradicts those statements, and states that 10 months ago two Albanian women were run down and killed by an engine, and that, in consequence, some of their relatives a week afterwards fired on a train, but did no injury, and that there has been no repetition of any such outrage. It appears, therefore, that the information furnished by the Daily News correspondent that the stoker and three Mussulman passengers were killed is not correct. Her Majesty's Government have received the further information that the correspondent—a German gentleman named Weitz—who was expelled from Servia last winter for inventing sensational news, did not visit Pristina, as represented by him, but only went to Nievsovitz, and returned the same day to Uskup.

Armenia

I beg to ask the Under Secretary of State for Fnreign Affairs whether it is the fact, as stated by the Daily News correspondent at Erivan, in the issue of the 4th instant, that Martini-Henry rifles have been distributed by orders from Constantinople to the Kurds of Moosh, Bitlis, Van, Bayazid, and Alashgerd; whether the Turkish troops, in obedience to their instructions, shoot down any Armenians found in possession of firearms; whether the arming of Mussulmans and dis- armament of the Christians in Bulgaria immediately preceded and occasioned the massacres in that country in 1876; and whether Her Majesty's Government propose to warn the Porte of the probable consequences of similar action in Armenia?

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We have received no information of the statements mentioned in the first and second paragraphs. As to the third, full particulars of the events of 1876 in Bulgaria will be found in the Blue Book presented to Parliament at the time. There might be much said for and against such a statement. As to the fourth paragraph, I have already stated that I must decline to give any particulars as to communication which Her Majesty's Government may consider it expedient to make to the Porte.

The Merchandise Marks Act

I beg to ask the President of the Board of the Trade if, having regard to the unanimity of the Select Committee upon Merchandise Marks as to the desirablity of the public prosecution either on the part of the Board of Trade or of the Commissioners of Her Majesty's Customs, in respect of offences against "The Merchandise Marks Act, 1887," and to the improbability of the House offering any serious opposition to the carrying out of such recommendation, he can introduce and pass a short Bill to that effect should legislative sanction be necessary?

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As I have not yet had an opportunity of seeing the Report to which my hon. Friend refers, which has not yet been circulated, I am not in a position to give an answer to the question; but when I have done so, it will be my duty to consider, in conjunction with other Departments of the Government, what course should be adopted. I am not sure that legislation would be necessary, but there would be no time to undertake it during the present Session.

The Vatican

I beg to ask the Under Secretary of State for Foreign Affairs whether, during the last Administration of the late Sir Robert Peel and subsequently, the British Government was diplomatically repre- sented at the Papal Court of Rome by a functionary who, although nominally attached to the British Legation of Tuscany, was in, fact accredited to the Pope of Rome?

At the time referred to, and subsequently, an Attaché to the British Mission in Tuscany resided at Rome, and was in confidential communication with the Papal Government; but he was not accredited to the Holy See.

I beg to ask the First Lord of the Treasury whether there are any Papers in the Foreign Office relating to the Special Mission of the Duke of Norfolk to the Vatican in 1887; and, if there are, whether they can be laid before Parliament?

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; There are some Despatches in the case of the Mission of the Duke of Norfolk, and if it is desired they could be produced, but they are purely formal; there is nothing of a political character in them.

I wish also to ask the First Lord of the Treasury whether there are any Papers in the Foreigh Office relating to the Mission of Sir George Errington to the Vatican, and, if there are, whether they can be laid before Parliament?

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There is an extensive correspondence reaching from 1881 to 1885 in the Foreign Office relating to Sir George Errington's communications with the Vatican, which were left for future Secretaries of State in accordance with the undertaking given by Mr. Gladstone in 1883. As many of them relate to individuals, or to questions affecting Foreign States, they would require careful examination before any decision could be taken as to the possibility of presenting them to Parliament.

Were there not two Missions of the Duke of Norfolk to Rome?

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The Duke of Norfolk did go twice: whether there were two Missions I cannot say.

*

If the right hon. Gentleman produces any Papers to the House in connection with the Duke of Norfolk Mission, will he produce all with regard to Sir George Errington? I would remind him that when the matter was before the House recently he undertook, at the request of the right hon. Member for Mid Lothian (Mr. Gladstone) to look into the correspondence of previous Missions as well, and to consider whether they could not be brought before the House at the same time.

*

It is perfectly accurate to say that I did undertake to consider whether I could produce a sort of narrative of the communications that had passed between successive Governments through the medium of gentlemen at Rome and the Vatican. That is a matter that will involve considerable labour and some time, and, therefore, I am not able to give any decision at present.

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With regard to the ambiguous reply of the right hon. Gentleman as to the Mission of the Duke of Norfolk, I wish to ask if he was sent to Rome twice, and received different instructions on each occasion?

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The hon. Gentleman will see that I am not prepared to answer questions of this kind off-hand. I can simply answer the question on the Paper of which I have had notice.

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I have answered the question already. On one occasion on which the Duke of Norfolk went to Rome he had no Mission whatever from Her Majesty's Government, and the second time it was on a purely formal and complimentary Mission.

Will the right hon. Gentleman undertake to produce that portion of the correspondence relating exclusively to Ireland?

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I am not aware that any portion of the correspondence relates exclusively to Ireland, and, therefore, can give no undertaking of the kind.

May I ask the First Lord of the Treasury whether Sir G. Errington's negotiations with the Vatican from 1881 to 1885 were such as to constitute his proceedings there a Mission in the ordinary sense of the word.

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My hon. Friend will see that this is a question which is more a matter of opinion than a matter of fact. Sir G. Errington did not occupy the position of an accredited Ambassador or Minister to the Holy See, but, undoubtedly, he was the medium for making communications between the Government of Great Britain and the Holy See.

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Did Mr. Errington receive any appointment or any remuneration for his services?

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Cardinal Manning

I beg to ask the First Lord of the Treasury whether his attention has been drawn to a letter which appeared in the Morning Post of 14th July, from the Secretary to the Royal Commission appointed by the; late Government in 1884 on the Housing of the Working Classes, in which the writer says that—

"Cardinal Manning was accorded his precedence on that Commission not as a matter of courtesy, but as a personage of princely rank;"
whether this accordance of precedence was in conformity with a precedent created in the grant of a Charter for the Royal University in Ireland by the Government in 1880; whether the concession of such precedence on a Commission appointed under the Royal Sign Manual now confers such rank and precedence upon Dr. Manning, and would confer them upon any other Cardinal appointed by the Pope to a see in Great Britain or Ireland; and whether Her Majesty's Government will take steps to prevent in future such precedence being accorded over the highest representatives of the Protestant Churches?

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I have no official knowledge of what took place in 1884 under the Government of the right hon. Member for Mid Lothian, and no responsibility in respect to it. As Her Majesty's Government do not at present contemplate the appointment of any Cardinal upon any Royal Commission, it does not seem necessary to make any provisions with respect to the precedence which would be accorded to a Cardinal in such a case. The point raised in the second and third paragraphs of the hon. Member's question is a purely legal point, which I cannot undertake to answer.

Ireland—Case Of Mr Mccurtin

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether an inquiry under the Criminal Law and Procedure (Ireland) Act has been instituted in the town of Tipperary; and, if so, for what purpose; and whether Mr. McCurtin was summoned to give evidence on the 29th July, and on his refusing to be sworn was committed to gaol for a week, and was taken handcuffed through the town on his way to the gaol; and, if so, for what reason handcuffs were used?

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether, when Mr. William M'Curtin was being conveyed to Clonmel Gaol on the 29th ultimo, he was handcuffed by the police; what was Mr. William M'Curtin's offence, was he a first-class misdemeanant, and is it usual to put handcuffs on such prisoners; and what was the offence of Morgan Hayes, lately sent to prison from Tippsrary, was he a first-class misdemeanant, and was he handcuffed to a prisoner who had several times been convicted of robbery?

With the permission of the House I shall now also reply to the two questions of the hon. Member for South Tipperary on the same subject. The inquiry referred to is not one under the statute mentioned; but is the ordinary Magisterial investigation constituted and authorised in indictable cases by the Petty Sessions Act, Section 9, Sub-section 2. The questions asked witnesses are being confined to the subject-matter of the inquiry. M'Curtin was, under the powers contained in that Act, committed in custody for eight days. Handcuffs were used as a crowd was observed to be collecting, and an attempted rescue was apprehended. A man named Morgan Hayes was sent to prison for seven days, with hard labour, in default of paying a fine of 10s. for an assault on a constable when on duty. He was handcuffed to a man who was convicted at the same Court of a minor offence. No record can be found of any recent convictions against that prisoner of the nature indicated in the question.

Why were these gross indignities inflicted upon persons accused of trifling offences?

The only charge against Mr. M'Curtin was that he refused to be sworn, and was sent to gaol for seven days as a first-class misdemeanant.

The charge before the Magistrate was throwing an explosive, and Mr. M'Curtin refused to give evidence. In other words, he refused to assist in the administration of justice.

Can the right hon. Gentleman state any fact in justification for the belief that a rescue was apprehended?

Such matters must be left to the judgment of the police, who, of course, must act at the moment.

Post Office Sick Pay

I beg to ask the Postmaster General whether full pay during sick leave has recently been granted to officers of the Post Office in England and Scotland; and whether the measure is to apply also to Ireland; and, if so, why the Belfast office has not been included in the new scheme?

Yes, Sir; the new rule granting full pay during sick leave applies to Ireland, and it is already in operation at Belfast.

Licences In Monaghan

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland if he can explain what special circumstances influenced His Excellency the Lord Lieutenant of Ireland to interfere to procure a licence for Charles Mitchell, of Shantonagh, County Monaghan, in opposition to the wishes of the inhabitants of the locality, the clergy of various denominations, and the landlord of the townland, and the repeated refusals of the Magistrates and the County Court Judge to grant such licence; whether he can give the name and denomination of the clergyman who is alleged to favour the granting of a licence to Mitchell, and give the number of Mitchell's customers, in addition to the inhabitants of the police barrack, the only house within a considerable distance of the licensed house, who are said to be anxious for drinking facilities; whether it is a fact that two of the three Resident Magistrates who attended the Castleblayney Licensing Sessions on the 20th July, reside outside the County Monaghan; and, if so, where do they reside; can he explain why they attended the Castleblayney Licensing Sessions; whether Mitchell's temporary retail licence will in the meantime be renewed; and whether he will advise the Lord Lieutenant not to give Mitchell any further help, either by the aid of Resident Magistrates, or by the use of His Excellency's influence with the Board of Inland Revenue, to establish what the inhabitants of Shantonagh regard as a source of demoralisation in their midst against their declared wish?

(1 and 2) Charles Mitchell has held for some years a spirit-grocer's and beer-retailer's licence. The granting of a temporary publican's licence to Mitchell, pending the decision to be come to on his application to Quarter Sessions, was recommended by the Lord Lieutenant in the exercise of his discretion. The application to Quarter Sessions has not been opposed by the inhabitants of the locality. Two clergymen are opposed to it, and one, the Reverend Mr. Knox, a Presbyterian, favours it. I am informed that the number of Mitchell's customers in favour of the licence could not be readily ascertained, but that the great majority undoubtedly are so. (3) One of the Resident Magistrates referred to is a Magistrate for the County Monaghan, and had been acting for some months in the Castleblayney district. He lives at Armagh. The other who is likewise a Magistrate for the County Monaghan is Resident Magistrate for the greater portion of the sub-district in which the licensed premises are situated. He lives at Virginia, County Cavan. (4) They attended as Resident Magistrates connected with the Quarter Sessions district. (5) The temporary licence has been renewed until the hearing of the application at the Annual (October) Licensing Sessions.

Revision Court, Monaghan

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that great inconvenience and loss is caused to the inhabitants of portions of the Emyvale district of the North Monaghan Parliamentary Division who have to travel a distance of 18 miles to attend the Revision Court held in Monaghan; and whether, as Emyvale is a Petty Sessions district, with a population of about 9,000, he will cause a Revision Court to be held there?

I fear I cannot add anything to the reply given to a similar question on this subject asked by the hon. Member on 6th September, 1886. Since that date no new circumstances have come under the notice of the Government tending to alter the decision then come to. The decision then arrived at was stated by the then Attorney General for Ireland (Mr. Holmes, Dublin University), who said—

"The places for holding Revision Courts are not determined by the Revising Barristers, but by the Lord Lieutenant in Council. In selecting the places the convenience of the electors and the suitability of the accommodation are carefully considered, regard also being had to the fact that every additional Court imposes an additional charge on the ratepayers. Careful inquiry was recently made as to the expediency of holding Revision Sessions at Emyvale and Scotstown. It appeared, however, that Monaghan, which, is the market town of these districts, was probably the most convenient place for a large proportion of the voters residing therein; and as regards those at a greater distance, the Revising Barrister, by taking their cases first, was able to dispose of them on the first day of the Sessions. In any case, it is too late to make any change before the next Revision."

Evictions On Blasket Islands

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether the Sheriff is bound to find means of conveyance for himself and his men when he is going on eviction duty, or to seize under a decree; and, if so, on what ground ships of Her Majesty's Navy are placed at the disposal of the Sheriff and his officers when going to evict tenants, or to seize for rent, on islands off the coast of Ireland?

The Sheriff, under ordinary circumstances, is bound to find the means of conveyance for himself and his assistants to effect evictions; but where the forces of the Crown are requisitioned to secure the carrying out of the law in cases where the opposition to the evictions would otherwise render its enforcement impossible, the Government have decided that the Sheriff may be afforded accommodation in Her Majesty's ships for himself and assistants, with the protecting police force when they have to proceed by sea, the Sheriff, as already explained, paying the expenses of subsistence for his party.

As this is a very important question, I wish to ask the Home Secretary if it is true that the gunboat Britomart took away from Blasket Islands the property of the fishermen; and whether Her Majesty's Government have determined not only to assist in carrying out evictions, but also to despoil the fishermen of their property?

Castle Island, Cork

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether four policemen have been stationed for more than a year on Castle Island, off the West Coast of Cork; for what purpose are they stationed there; whether it is a fact that these policemen dig potatoes for the emergency men in charge of Mr. Mullasmion's evicted farm, row these emergency men into Schull, and do other work for them; and whether he can state how much it costs to maintain these four policemen?

The Constabulary Authorities report that three policemen have been stationed on Castle Island since the 17th April, 1889. The strength was increased to four men in April, 1890. They are stationed there for the protection of Mullasmion's two caretakers and a neighbouring farmer who paid his rent, and on whose property outrage has been committed. The police do not dig potatoes for the emergency men. Having to accompany the caretakers to and from the island, they assist in rowing the boat in which all are conveyed. The police do not work for these caretakers. Approximate cost, since the formation of the protection post, £235.

Death Through Neglect

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland if his attention has been called to the death of Bridget Hoban, of Coolarn, Ballinatimon Union, County Mayo; if he is aware that the death has been caused through the neglect of the officials of the Union; that when the husband of the woman went to the doctor with an order to attend the wife on the 2nd of July, the doctor told him to go to hell; and if he will cause inquiry to be made into the circumstances of this case?

I cannot find that there is any Union in Ireland of the name mentioned. If the hon. Member will renew the question, stating the correct name of the Union and the name of the Medical Officer against whom the allegation has been brought, the necessary inquiries shall be made.

College Of Science In Dublin

I beg to ask the Vice President of the Committee of Council on Education whether, notwithstanding the intimation conveyed in Mr. Ward Hunt's letter to Mr. Corry, of the 11th January 1867, namely, that the Treasury concurred in the arrangements proposed for placing and maintaining the College of Science in Dublin in a state of efficiency, the proposed arrangements have never since been made, although continual applications to that effect have been received from the Dean and Council of the College; whether the last memorial in December, 1889, of the Dean and Council on the subject correctly represented that the development of the College renders it urgently necessary to extend the buildings so as to relieve the congested condition of the laboratories and library, and to meet the requirements of the yearly increasing number of students; that new chemical and metallurgical laboratories and a new lecture room are required; that the attendance of students in the college is limited by the insufficiency of the present accommodation; and that the work of professors and students is interfered with, and rendered difficult by overcrowding, want of proper ventilation, bad lighting, and by the grave structural defects and general unsuitability of the buildings; and whether steps will now be taken to make such extensions and improvements as the health of the staff and students, and the interests of the College, urgently require.

*

I am most anxious to see the College of Science developed and made thoroughly effective, which cannot be the case so long as the difficulties referred to in the second paragraph of the hon. Member's question exist, and I am in communication with the Treasury on the subject.

Irish Witnesses Expenses

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that, although John Moonan, of Drogheda, was allowed 10s. expenses by the Crown Solicitor, Mr. Caraher, for attending as a witness at the Diogheda Quarter Sessions on the 22nd April last, and Mr. Thomas Brady, Drogheda, Moonan's employer, was allowed the same amount for similar attendance, Sergeant Harbourne, of Drogheda, gotcash order for these sessions, and paid Mr. Brady his expenses, but converted Moonan's 10s. to his own use; and whether he will inquire into the circumstances of the case?

The Constabulary Authorities report that the allegation that Sergeant Harbourne converted Moonan's expense allowance to his own use is without foundation. The Sergeant handed both cash orders to Mr. Brady.

The Royal Irish Constabulary

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland where informa tion can be found showing the extent to which the recommendations of the Royal Irish Constabulary Committee of Inquiry of 1888 have been acted upon?

As stated in reply to a question put by the hon. Member on August 6, 1889, the recommendations of the Committee of Inquiry of 1883, to which it is assumed the present question refers, were dealt with partly by the statute 46 & 47 Vic. c 14, and partly by Departmental regulations. As then stated, the hon. Member can have a Return on the subject if he will put the necessary notice down on the Paper.

Mr Jasper Tulley

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that Mr. Jasper Tulley, Editor of the Roscommon Herald, now a prisoner in Tullamore Prison, is suffering from diarrhoea; that he is still sleeping on a plank bed; that he is stripped naked for a portion of each day; and that his life is in danger; and whether he can take any steps to secure an alteration of the treatment of this prisoner?

I have not yet received a special Report on this question, but the allegations therein contained appear from another Report I have received to be unfounded. If, however, the hon. Member will repeat the question I shall obtain further information.

Since a similar question was answered yesterday, I telegraphed to Tullamore for information, and I have received a telegram in reply stating that the facts are true. I will put a further question on Monday.

Grants Under The Education Codes

I beg to ask the Vice President of the Committee of Council on Education whether it is correct, as stated in a letter to the Times by the Rector of Baylham, Suffolk, that it is the intention of the Department to withhold the £10 grant under Article 105 from schools which already obtain a special grant under Article 104?

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The letter from which the Rector of Baylham quotes was, I regret to say, due to a misapprehension on the part of an officer of the Department, and I am glad of this opportunity of again stating that the grant of £10, under Article 105 and Section 2 of the Code Act, 1890, will be in addition to any special grant obtained under Act 104 and Section 19 of the Elementary Education Act, 1876.

Mr Swinburne And The Czar

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I beg to ask the First Lord of the Treasury a question of which I have given the right hon. Gentleman private notice. It is whether his attention has been called to a poem by Mr. Algernon Charles Swinburne in the current number of the Fortnightly Review, containing a direct incitement to the assassination of the Czar; whether any representation relative to this publication has been made to Her Majesty's Government by the Government of Russia, and whether Her Majesty's Government intend to prosecute Mr. A. C. Swinburne or the publisher or printer of the Fortnightly Review for this gross incitement to assassination of the Sovereign of a friendly nation. Perhaps I may be permitted to read an extract. It says—

"Night brings but one red star—tyrannicide!" —

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*

This question is an illustration of the inconvenience of asking questions without putting a notice on the Paper. I received private notice from the hon. Member about a quarter of an hour ago that he would ask the question. I inquired of my right hon. Colleagues near me whether they had seen, or read, or heard of the publication, and I could not find that any of them had. A question of this consequence ought to have been placed on the Paper in the ordinary way if it was necessary to ask it.

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Lord Dartmouth And Mr Hanbury—Privilege

I wish to ask, with your permission, Sir, and the permission of the House, to make a statement on a matter of privilege, which need not form a subject of full discussion. It may be within the knowledge of some Members of the House that in the course of last week a letter was published in the Times signed "Dartmouth, Lord Lieutenant of Staffordshire." In that letter, as it appeared to me, Lord Dartmouth presumed to pass a censure upon me as a Magistrate of Staffordshire in his capacity of Lord Lieutenant, in connection with a subject in no way relating to any Magisterial duty, but for a speech actually made in my place in this House. On the next day Lord Dartmouth, on seeing his letter in print, somewhat hurriedly it seems, wrote another letter to the Times, explaining his first letter and conveying what purported to be his real meaning. I feel sure that this was a generous attempt to remedy the first error, bur, unfortunately, it seems to have failed still more to express clearly what was really meant. The error admitted as to the first letter unfortunately characterised the second also. I therefore thought it my duty to send Lord Dartmouth the following' telegram:—

"Expect letter from me to-morrow. Yours to-day makes case worse."
Thereupon that same evening I despatched a letter to Lord Dartmouth, expressed in decided and perhaps vigorous language, which I do not know that it is necessary, so far as relates to Lord Dartmouth, to make public, in view of what I think the thoroughly satisfactory explanation which I am now enabled to read to the House. My letter reached Lord Dartmouth on Sunday morning, and on Monday morning I received the following letter:—
"Patshull House, Wolverhampton, Aug. 3.
"Dear Sir,—I beg to acknowledge the receipt this morning of your letter of yesterday, and, in the first place, to express my regret at having given you cause to complain of want of proper consideration on my part for not communicating to you my intention to comment on your speech with reference to the action of the officers of the Guards in not returning the salutes of their men—in a letter to the Times. I, therefore, consider it my duty to offer you my apologies for this omission. Next I have, very decidedly, to assure you that I have no intention to pass any official censure as Lord Lieutenant of Staffordshire upon your action in Parliament, my sole object having been in alluding to my official position to emphasise my protest against that action, and I consider that I was protesting against your censure of the officers in my first letter. This really is all I have to say by way of explanation on this part of the matter, having had no wish whatever to question your privilege as a Member of the House of Commons. With regard to my second letter to the Times, published yesterday, I desire to explain that it was the result of a comment made to me personally that I had seemed in my (first) letter to express my regret that you were a Magistrate for Staffordshire, and this being entirely contrary to my meaning, I thought it right to supplement my first letter by my second. I go on to ask you to read the enclosed letter which I yesterday prepared to send to the Times, hut did not post, thinking that after your telegram I had, on the whole, better wait for the letter from you which you led me to expect, but I do not now intend to despatch that letter, although I will ask you to return it at your convenience. No doubt you will gather from it that, under no pressure whatever, I repudiated any intention to pass any official censure upon you, and I have further to add that I claim no right as Lord Lieutenant to censure any Magistrate for speech or conduct, public or private, being well aware that it is not in my power to do so. This will, I hope, satisfy you that I never thought of interfering with your privileges, either as a Member of Parliament or a Magistrate. Merely adding that my private opinions upon the subjects as to which I wrote my letter to the Times of the 30th of July remain unaltered,
I beg to remain, dear Sir, faithfully yours,
DARTMOUTH."
"Robert W. Hanbury, Esq., M.P."
"P.S.—I should, I think, add that, having consulted no one on the subject of writing my protest to the Times, I am solely responsible for the letters which have appeared with my signature. DARTMOUTH."
I was doubtful as to the exact meaning of that Inst paragraph, and I received the following explanation of it:—
"Regret to find myself again misunderstood; never intended to express regret at your being a Magistrate for Staffordshire, which I do not feel privately. DARTMOUTH."
That is a very full and very complete explanation, and in its completeness it is certainly most honourable to Lord Dartmouth. It is honourable, I maintain, to make a frank admission even of mistakes much greater than this; and I feel sure that the House will be perfectly ready to receive and to accept with equal frankness so full an admission. With regard to myself and my humble share in the matter, I may say that my sole desire has been to fulfil what is almost my first and highest duty—to see that this House suffers no injury or disrespect from any action or neglect of mine as a Member. I hop?, therefore, the House will consider that I acted rightly in firmly, but, I hope, courteously, requiring a complete recognition of its undoubted rights.

Prison Clerks

I beg to ask the First Lord of the Treasury whether it is a fact that the Lords of the Treasury have for some time past been expecting to receive proposals from the Home Office as to the status of clerks in Her Majesty's Prisons; and whether they have also been endeavouring to obtain a Report from the Departmental Committee appointed no less than four years ago?

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The Treasury has now received the papers referred to by the hon. Member.

Savings Banks Bill

I wish to ask what the intention of the Government is with regard to the Savings Banks Bill in view of the opposition which has developed against it?

As the First Lord of the Treasury appeared to complain of my action with reference to this Bill, I may say that I have received communications from several large Savings Banks suggesting a series of Amendments. One of my correspondents says—

"You are accused of obstruction in this matter, but the Bill requires careful consideration in Committee."
I am acting in conformity with the view thus expressed.

May I ask whether the First Lord of the Treasury is aware that the unexpected withdrawal by the Chancellor of the Exchequer of Clause 11, as it appeared in the original draft of the Bill, has caused the greatest dissatisfaction among the best class of Savings Banks, and that there is a strong desire among them that the Bill should be maturely considered in another Session of Parliament?

Was this Bill introduced for the purpose of dealing with the actuaries, secretaries, and officers of the banks, and to safeguard the interests of depositors?

I believe that the great majority of Members on this side of the House are sincerely anxious to pass the Bill into law this Session.

May I ask whether the Chancellor of the Exchequer has not received communications from large Savings Banks in Edinburgh and Glasgow which are opposed to some details of the measure, but which are, on the whole, satisfied with the Amendments which the Government have introduced?

Do the Government propose to deal differently with Ireland in respect of Savings Banks?

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I do not know whether any other hon. Gentleman wishes to put a question to me. The hon. Member for Sunderland (Mr. Storey) appears to complain of the tone which I have used in making some observations on a previous occasion with reference to this Bill. If I used stronger language than was just in the circumstances, I am sorry for it. The Government really thought that this was a Bill which might have been received by the House with favour, as it was intended to secure and safeguard the interests of depositors. In securing the interests of depositors, they were also securing the interests of the officers of the banks, who were identified with the depositors, because it is obvious that if the bank were unsuccessful the officers associated with it must share in the failure also. Communications have reached the Government from Scotland, and I have now before me a letter from a Glasgow Savings Bank which states that, with the slight alterations which the Government propose, the Bill would satisfy the Trustees, and they hope that it will pass the House.

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The 2nd of August. I do not doubt that there is a considerable opposition to the measure on the part of some hon. Members, and the Government are aware of it. Those hon. Members believe that the interests of the banks are affected by the measure. I stated last week that the Government could not force the measure through against a serious and protracted opposition at this period of the Session. If hon. Members who oppose the measure are still of opinion that they must protract the discussion and debate the measure in Committee, then the Government cannot ask the House to prolong its sitting. I regret this, but I still entertain the hope that hon. Members may, on re-considering the subject, find it to be possible to withdraw their opposition. The Government did intend to extend the benefit of the Bill to Ireland, but it was stated the other day that if it was objected to by the Irish Members it would not be so extended. It is a matter for the Irish Members themselves; if they desire to have the Bill, it will be extended to Ireland. I think that three or four months' delay in passing the measure would do harm, but if hon. Members feel it to be their duty to persist in opposing the Bill the Government have no alternative but to withdraw it for the present Session.

If there is to be one law for England and another for Ireland the Irish Members will oppose it.

May I explain that I have received a letter from a Glasgow Savings Bank, urging that Clause 11 should be struck out, and other letters from different parts of the country pressing for Amendments in all directions.

*

I do not think the answer of the First Lord of the Treasury on the subject of the Savings Banks Bill was quite conclusive. It appeared to leave open the possibility of the Bill being proceeded with. I have, with an hon. Friend on this side of the House, taken pains to ascertain the facts, and I have found that from the Opposition side of the House there is practically only one gentleman who has put Amendments on the Paper, the greater part of the opposition to the Bill coming from hon. Gentlemen on the Ministerial side, who are more or less within reach of persuasion, and in these circumstances I ask the right hon. Gentleman to reconsider his decision, the Bill being one of the very greatest importance. The other Amendments which come from this side, save those of the single Member to whom I have referred, are only two in all, involve no principle, and could be disposed of in 10 minutes.

It is an extraordinary proceeding on the part of the right hon. Gentleman to assume that because Amendments stand in the name of one gentleman therefore the opposition is by one gentleman. There are a number of——

*

Order, order! This is becoming a Debate. There is no question before the House.

I would ask whether it would be possible to have the Amendments considered by the Standing Committee?

*

In answer to the question addressed to me by the right hon. Gentleman opposite, I can assure him that the Government are most anxious to see the Bill passed into land. I am afraid, however, the opposition to the measure is more extensive than he appears to imagine. As far as my hon. Friends behind me are concerned, I am quite prepared to say on their behalf that they will withdraw their Amendments if it will in the slightest degree insure the passing of the Bill. I will make one further attempt this evening in order to ascertain whether, without protracted Debate, it will be possible to carry the Bill. If I am unsuccessful I shall deeply regret it, but the only course then will be to withdraw the Bill for the present Session.

Dublin Corporation Bill

I beg to ask whether it was by the direction or with the sanction of the Government that the Collector General of Rates of Dublin, an officer of the Lord Lieutenant, appeared before the Committee of the House of Lords to-day in opposition to the insertion in the Dublin Corporation Bill of clauses drawn up by the Government themselves, and

Copyright In The Colonies

Return ordered—

"For the years 1879 and 1880, 1881 and 1882, 1S83 and 1884, and 1885 and 1886, of all Moneys received by the Treasury in each Colony that has passed an Ordinance protecting Copyright Proprietors, under the Act 10 and 11 Vic. c. 95, supplemented by the Act 39 and 40 Vic. c. 36, ss. 42, 44, and 102, in the following form:—

Colonies in which the Duties have been collected.
Names of Copyright Proprietors on whose behalf the Duties have been collected.Antigua.Bahamas.Barbados.Bermuda.British Guiana.Canada.Cape of Good Hope.Grenada.Jamaica.Mauritius.Natal.Nevis.Newfoundland.St. Christopher.St. Lucia.St. Vincent.Trinidad.Total amount received.
—(Mr. William Cavendish Bentinck.)

Message To The Lords

Metropolitan Hospitals, &C

Ordered, That a Message be sent to the Lords to request that their Lordships will be pleased to communicate to this House, a Copy of the Report, &c. of the Select Committee on Metropolitan Hos-

in consequence of which the clauses have been thrown out?

I do not, of course, know what happens in the Committees of the House of Lords, but in this instance I have heard with very great regret that the Committee of the House of Lords have thrown out clauses which the Government desired to see introduced into the Bill. Certainly no official of the Government has appeared before the Committee against the proposals of the Government.

Is the right hon. Gentleman not aware that the Collector General of Rates of Dublin gave evidence against the clauses?

I would ask whether the Government intend to move in the House of Lords to re-insert the clauses in the Bill?

pitals, &c, with the Proceedings of the Committee and Minutes of Evidence.— ( Mr. Ritchie.)

Message From The Lords

That they have agreed to,—Customs Consolidation Act (1876) Amendment Bill, with an Amendment.

Motion

Business Of The House (Government Business)

Motion made, and Question proposed,

"That, for the remainder of the Session, Government Business may be entered upon at any hour, though opposed, and shall not he interrupted under the provisions of any Standing Order regulating the Sittings of the House. —(Mr. William Henry Smith.)

(4.38.)

I am not surprised at this Motion being made on the part of the First Lord of the Treasury, for after the attacks the right hon. Gentleman has repeatedly made on the Rules of the House, nothing that he can do in this direction forms, in my mind, subject for surprise. Of late, the First Lord of the Treasury and many of his Colleagues have been girding at us as though we were responsible for the terrible state into which public business had fallen. [Ministerial Cheers.] I thought that would elicit the usual cheer from hon. Members opposite, and as hon. Gentlemen opposite appear to endorse that view, it will be necessary to throw a little daylight on the question who is really responsible. I suppose that even hon. Gentlemen opposite will admit that this Session has been wasted. ["No, no!"] Well, I was curious to know that, because I follow with great interest the speeches hon. Gentlemen deliver up and down the country. One day I read in their speeches that owing to us on this side of the House the Session has been entirely wasted, and then, next day, I read a speech from another hon. Gentleman on the opposite side, to the effect that there never has been such a wonderful Session, and that the Ministry has covered itself with honour. ["Name!"] Who says this? Why, all of you. [Cries of "Divide!"] If hon. Gentlemen are anxious that the Session should end at a reasonable time, they will do well not to cry out "Divide!" and so try to prevent hon. Gentlemen on the Radical side from speaking, for we intend to do our duty, and, for my part, when hon. Gentlemen opposite cry" Divide!" it only leads me to believe that I am doing my duty, and makes me feel that I ought to do my duty still more fully. Unquestionably the Session has been wasted. Not even the ordinary business has been taken in reasonable time, and the question is, whose fault is it? I should say that it is the fault of Her Majesty's Ministers. They have frequently been accused of it, even by their own followers and their own organs in the Press, which charge them with having muddled the business of the House. What have they done? They have announced certain Bills in the Queen's Speech, they have brought them in, and there seems to have been a sort of rivalry amongst them, each Member of the Government wishing to bring forward his own measure before that of his Colleague. The Chancellor of the Exchequer entered the lists, and suddenly came forward with the Compensation Bill, but everything failed to pass. There was a considerable amount of discussion on all the Government Bills on both sides of the House, and after wasting a great number of days on them Ministers withdrew them. There is only one advantage to the country that has been gained by the present Session. At the commencement of the Session Ministers were going about the country and really persuading some people that although their politics were not sound they were good men of business. I think the bottom has been entirely knocked out of that illusion. I do not think that even their own supporters regard them as good men of business at this moment. We are told that we are responsible for what has happened, and that the failure of the business of the Session is due to our obstruction. The right hon. Gentleman the Member for West Birmingham the other day said that Ministers had done a great deal of good, but had been prevented from passing many of their excellent Bills owing to inveterate, professed, and avowed obstruction. I am perfectly ready to admit that when Bills are brought into this House which, practically, are raids on the public Treasury, it is the duty of Members on this side of the House to offer them a most strenuous opposition. It is their duty, when the forms of the House are used again and again to crush out discussion on this side, that we should use on our own part all the forms of the House in order to have discussion. But, Sir, as a matter of fact, there has been no obstruction this Session, for the simple reason that there has been no need of obstruction. All that is needed is to leave right hon. Gentlemen alone. Ministers have obstructed each other, and they are themselves responsible for the failure of legislation. We have at present one Bill before us—the Police Bill—and the First Lord of the Treasury complains that there has been obstruction in regard to that, but the right hon. Gentleman the Member for Derby pointed out in the early days of the Bill that if it were referred to a Standing Committee it would have to be fully discussed on Report when it came down to the House. They have put the Bill off to the last days of the Session, and now they complain of that which the right hon. Gentleman the Member for Derby, with great prescience and knowledge of the House, foretold would take place. We may put aside the Police Bill, which will pass to-day or tomorrow, and there will then be no measure of a controversial character before us. But what is more important is that only one-half of the Estimates have been carried, although that is the primary business of the House. In order to be fairly discussed they ought to be brought in at a fair and reasonable time. Last year the Government put off the Estimates to the end of the Session, and when complaint was made of this the right hon. Gentleman pledged himself that this Session the Estimates should be brought forward at an early period, and that certain Votes which are usually put down at the fag-end of the Estimates should be taken first. Has that pledge been kept? Most unquestionably it has not been kept. We have reached, now the last dying days of the Session, and we are still left with one-half of the Estimates undisposed of, and the right hon. Gentleman the First Lord of the Treasury, not satisfied with having placed them in the position of being scamped, now insists on their being taken at a late hour of night when the Debates cannot be reported, and when hon. Members who wish to express their views will be met with cries of "Divide, divide!" That is adding insult to injury. On what ground does the right hon. Gentleman ask for this? On the ground that hon. Members are fatigued; and he asks us to adjourn shortly, because we are going to meet again in November. Well, we never asked the right hon. Gentleman to call a meeting of the House in November, and the proposal was not received with rapture even by hon. Members opposite-Why is it proposed to meet in November? In order that we may adjourn next year somewhere about the beginning of July. We are asked, in fact, to sit up all night now in order that we may adjourn early in July, 1891, instead of in August. I trust the government of the country will be in other hands in July next, and it will not be for the present Ministry to decide how long we are to sit. No Ministry has ever fallen so low as this one. They have done absolutely nothing. They are condemned by their own organs, and there is almost a mutiny amongst their own followers. Really, when I see them sitting there struggling against their followers and opposed by everybody, I do feel a sort of pity for them. Obstruction has not been necessary, but, for the sake of argument, I will assume that there has been obstruction, and that they have been prevented by it from carrying out their plans. Then, I say, I am rejoiced to think that it has been so useful. When I think of the Irish Land Purchase Bill, the Tithes Bill, and the Compensation Bill, I am thankful that hon. Gentlemen opposite have so good an opinion of us as to imagine it is owing to our action that such excellent results have been obtained. If you say the Session has been a failure owing to us, it appears that our tactics have been successful. The country is utterly sick of the present Parliament, and regards it as thoroughly played out. The Liberal portion of the constituencies look to us on these Benches to prevent as much mischief as we possibly can, but what they aspire to is a General Election. Surely the Government are not going to—I may say—throw pearls before swine—to throw legislation before those who will not pass it. I have been asked when there will be a General Election, and I have said not while the present Government can prevent it. They "lag superfluous" on that Bench, and they will continue to lag there superfluous. I say that Estimates ought not to be relegated to the end of the Session, and then discussed after midnight. I shall divide against the Motion, as a protest against the mode in which Ministers conduct business, and against the way in which they put off the Estimates till the last days of the Session, and then try and force them through in a more rapid way than is absolutely necessary.

(4.54.)

Whatever be the intention of this Motion its effect will be to punish the Scotch Members. I suppose the discussion on the English Police Bill will finish at 12 o'clock to-night, and then the Government propose to start the Scotch Police Bill.

*

The difficulty in which the House is placed in regard to these two Bills is owing entirely, in my judgment, to the rejection last Saturday of the Motion made to send the two Bills to the same Committee, so that they might be considered side by side, the measures being to a large extent identical. If this course had been accepted, probably by this time we should have been two-thirds through both of them. The right hon. Gentleman the Member for Edinburgh (Mr. Childers) said on Saturday he had made inquiry among the Scotch Members and found that four out of five of them desired the immediate passing of the Scotch Police Bill. I have made inquiries, and I find that the statement made by the Scotch Members was not that they desired the Bill to pass this Session, but that if it came on at all it should be immediately after the English Bill. That was not the statement made on Saturday.

*

Then it had no relevance to the appeal I made to the right hon. Gentleman.

*

I stated three times that we were asked to ascertain whether it was the wish of the Scotch Members that the Scotch Bill should follow the English Bill or whether Scotch Supply should come first. The answer from the great majority of Scotch Members sitting on this side was that the Scotch Police Bill should come first. I doubt whether at the outside eight Members were of a different opinion.

I am glad of the explanation. I did not gather that from what was said on Saturday. I hope that the appeal made on Saturday may be renewed now with more success than it met with then. The Amendment of my hon. and learned Friend the Member for Aberdeen will give the right hon. Gentleman an opportunity of stating his views on the subject. I do trust, having regard to the entire absence of consideration of this Bill by the Scotch people, that the First Lord of the Treasury, in order to facilitate the progress of business in this House, will provide for the suspension of this Bill. The First Lord has conferred many favours on Scotch Members, and I hope he will add another to the favours he has bestowed upon them.

*(5.2.)

I do not rise to answer the speech of the hon. Member for Northampton, and I think he can have little confidence in what he himself said, seeing that he has left the House; but I have been in the House for a good many years, and have never known a Session when it has not been said by 'somebody that it had been wasted through the fault of the Government. I entirely approve the proposal to suspend the Standing Order for the rest of the Session, and I wish I could induce my right hon. Friend to carry his Motion still further, so as to get rid of the Standing Order altogether, because I am satisfied that such hard and fast rules do not conduce to the efficient transaction of business. As to the Scotch Members they have taken up a great deal of time, far more than their fair share I remember Lord Sherbrooke, then Mr. Lowe, saying "Confound these Scotch Members. I really think there ought to be one Scotch Member with 60 votes." If an arrangement of that kind could be made, there is no doubt that business would be got through with much greater despatch. I urge upon the First Lord of the Treasury that he should consider seriously whether next Session he could not do something to amend the blunder that had been perpetrated in establishing this hard and fast 12 o'clock rule. It might, for example, be made for a later hour than 12, or, at all events, not allowing it to stand exactly as it is at present.

(5.10.)

I do not know that the right hon. Gentleman who has just sat down has thrown much light on the subject, or done anything to conciliate Members sitting on this side of the House. I will say a word or two on this proposal, which I look upon as one for the convenience of the House. But, first, with regard to what was said by the hon. and learned Member for Dundee. The opinion of a great number of the Scotch Members was this: that if the Government intended to proceed with the Scotch Police Bill, it would be convenient that it should be proceeded with immediately after the English Bill. That opinion was expressed to the First Lord of the Treasury, who received and acted upon it in perfect good faith and courtesy. Now, I will say a word or two on the question whether the present proposal of the right hon. Gentleman is justified or not. There is a very dangerous tendency on the part of leading men of the Party opposite to lay the blame for the disasters of the Session on this side of the House. Against that I must emphatically protest. I hold that the Government when they bring forward an important Bill are bound to pass that Bill or to go out. A very great number of days, I think 25, have been spent over the financial proposals of the Chancellor of the Exchequer, and what has been most disputed in those proposals has been dropped in consequence of the opposition from this side of the House. No Government that I can remember has ever dropped the principal, the only great Bill of a Session, without going out or dissolving. ["What about the Compensation for Disturbance Bill?"] That was the House of Lords. I do not see why we should be alarmed at the proposal of the leader of the House, for no Bill to which hon. Gentle men are strongly and keenly opposed will be more likely to pass in consequence of the adoption of the Motion. If the Government have, mismanaged business, why should the House of Commons be punished, and it will be punishing the House of Commons not to permit this latitude in respect of the transaction of business, for if it is not allowed the Session must be prolonged. But I think that the Government ought to give a pledge that the power which they obtain will be used reasonably. The House, it should be remembered, meets now at 3 o'clock in the day, and it is a serious matter to sit very far into the night. Very important business, like the Scotch Police Bill, ought not to be taken at such a time as will necessitate any large part of the discussion being continued after 12 o'clock. If there is that honourable understanding, though I can understand hon. Members voting against the proposal for various reasons, I trust on this occasion they will vote in favour of that which is for the convenience of the House.

*(5.14.)

I think it will be convenient to hon. Members that this question should be decided without much further debate. The right hon. Gentleman opposite asks me to give an undertaking that we shall use this power reasonably. I may at once say that the Government have no intention of using the power unreasonably. It must be obvious to the House that considerations of convenience demand that during these remaining days, or weeks, or perhaps months, of the Session we should at least have power to proceed after 12 o'clock with reasonable Bills to which no section of the House objects, but to which individual Members may object on the ground that to consider them would be to make progress with public business. It is most undesirable that at this period of the Session it should be in the power of hon. Members to terminate a discussion at 12 o'clock without finishing the business the House had entered upon. The House is very well aware that on many occasions questions have been fully discussed and were really ripe for decision by the House when that hour arrived, and so fresh debates arose when the House met the next day. I trust, therefore, that the House, taking into consideration the convenience of the House and the advancement of public business, will consent to the suspension of the 12 o'clock rule. With regard to the Scotch Police Bill, the hon. Member for Dundee assumed that we should bring in that Bill after 12 o'clock. I admit at once that it would be an outrage to ask the House to go into Committee for the first time on the Scotch Bill after 12 o'clock, and I am sorry that the hon. and learned Gentleman should have supposed that we could be guilty of such an outrage. It might be possible to ask the House to complete that Bill after 12 o'clock with a view to making progress with the business of the House, but we should not think of asking the House to begin the Bill after 12 o'clock. The hon. and learned Gentleman referred to a conversation that took place on Saturday with regard to the Scotch Bill, and to some observations of the right hon. Gentleman the Member for Edinburgh with regard to the Bill. I have taken steps to ascertain what was the view of hon. Gentlemen opposite on the subject, and I was assured by the right hon. Gentlemen the Members for Bridgeton and Edinburgh that it was the main desire of the Scotch Members that the Scotch Bill should follow the English Bill. I did not realise the contingency which the right hon. Gentleman the Member for Bridgeton has suggested now. I put a reasonable interpretation on the information which was conveyed to me, and that interpretation was that the great majority of Scotch Members did desire that the Bill should be dealt with in the course of the present Session, and should follow the English Bill; and I think I only attribute a plain meaning to the English language when I attribute that meaning to the information I received. We have had from the hon. Gentleman the Member for Northampton a speech which I have heard before. The hon. Gentleman expressed that extreme sensitiveness which belongs to his nature, lest anyone should malign him and suggest that he is the author of obstruction in this House. The hon. Gentleman seemed anxious that the people in the country should not attribute to him that he is capable of carrying into practice those declarations which he occasionally makes from his place in the House when he assures us that he will render to the Government every possible opposition and make use of every form of the House in order to defeat their measures—because, even if they are good measures, they proceed from a bad Government. Well, Sir, the hon. Gentleman reminds me of the old proverb, Qui s'excuse s'accuse. I have no doubt that his apologia will be read in the country, and will produce the conviction that it is "Truth," and the hon. Member will be able to pose, not only as a hero, but possibly as a martyr in the discharge of his duties, and in the protection he will give to the country against the iniquities of Her Majesty's Government, and the necessity he finds for exercising a watchful care over their doings. The hon. Gentleman attributes to me and my Colleagues on this Bench differences which he has created in his own imagination. All that has been done has been done as the act or the Cabinet and of the Government as a whole, and the hallucination under which the hon. Gentleman labours with regard to my right hon. Friend who usually sits on my right and my right hon. Friend who usually sits on my left, is only to be attributed to the disordered imagination which extreme conscientiousness occasionally produces. I would now venture to appeal to the House not to carry this Debate any further. I do not propose to avail myself of the opportunity of entering into a defence of the Government for its proceeding, during the Session. I believe that even those who differ from the Government are not desirous of hearing our defence, but are much more desirous of making progress with public business. When we have occasion to make our defence, I have no doubt that it will be received by this House as it deserves. I trust that the House will now consent to proceed with the business before it, and, in conclusion, I would remind the House that even the hon. Member for Northampton (Mr. Labouchere) has himself admitte d that there are no Bills of a controversial character now before the House.

(5.23.)

I regret that at the fag-end of a long Session you are about to suspend the Standing Orders, the result of which will be that the Scotch business in Supply will be taken, as has been the case for two or three years past, at 3 o'clock in the morning. My hon. Friend the Member for Lanark desires to bring forward the notorious Wishart case on an Amendment for the reduction of the salary of the Lord Advocate; then, again, the Crofters Commission Board will have to be discussed, and something must be said regarding the re-construction of the Scotch Fishery Board. There are also upon the Paper three Scotch Bills, the Police (Scotland) Bill, the Factors Bill, and the Education of Blind and Deaf Mute Children Bill; the latter being a very peculiar Bill, introducing in Scotland a principle applying the public funds in a manner which is entirely new. We are asking when the annual massacre is to take place, and yet, at this moment, the Government are proposing to consider Bills of a highly controversial character in Scotland, and determining to carry them at whatever hour they may be reached in the morning. We are unable to believe the promises of the right hon. Gentleman. Formerly, when he told us he would do certain things, we expected them to be done, but we have found that year after year his promises are only made to be broken, and that the Government practically refuse to take Scotch business until they can do so by suspending the Standing Orders. The fact is that the Government are treating us with contempt, and I am afraid are teaching my colleagues to be a source of trouble to them, as the result will probably be that they will adopt the tactics which have been so successful in the case of the Irish Members. The Irish Debates are now over, and most of the Irish Members are going about the country enjoying themselves. Scotland, however, has to wait till the very end of the Session to find that its measures have still to be passed.

I should like to ask the Government whether they propose to extend this Rule to private Members' Bills which have passed the House of Lords and come back to this House?

*(5.28.)

The hon. Member for Caithness has said that Scotch measures were not considered last year until the extreme end of the Session. I would remind the House that is not the case, some of the Scotch Estimates were taken before the Whitsuntide holidays, therefore it is not fair to blame the Government, as the hon. Member has done. I hope, however, that next year it will be found convenient to take the Scotch Estimates at a somewhat earlier period than this year has been found possible.

*(5.30.)

I wish to ask the right hon. Gentleman whether it is reasonable to press forward the Youthful Offenders Bill at this period of the Session? This Bill is a new "Whipping" Bill of the most sweeping character. If it is retained on the Paper, the only result will be that Members will be kept until 2 or 3 in the morning, and the sense of grievance which they would feel would scarcely contribute to the rapid dispatch of public business.

(5.31.)

I wish to ask the right hon. Gentleman whether he does not intend to begin the consideration of any contentious measure after 12 o'clock, and whether it is not his intention rather to make progress after 12 o'clock with certain measures that might be objected to by some individual Member? I hope myself that the Government will proceed with the Scotch Police Bill, and pass it into law. I do not think I was formally committed by my right hon. Friend the Member for Edinburgh, but I remember saying to my right hon. Friend the Member for Bridgeton that I hoped the Government would shove along the Scotch with the English Bill. I only speak for myself, but I hope the Government will succeed in passing the Scotch Bill into law. The hon. Member for Caithness referred to the Bill for the education of the blind and deaf mute, and I am very sorry to hear that any Member of this House looks upon that as a contentious measure. It does not give us all we want, but those who are interested in this subject are anxious to make a start by getting this Bill through. I wish, further, to point out that the form of the present Motion is somewhat novel. Hitherto the suspension of the Standing Order has been moved with regard to some particular business, but this proposal is that Government business shall be taken at any hour, and I take it that means that the House might sit to any hour on Wednesday. Now, this might be drawn into a precedent, and hereafter used at an earlier period of the Session in a more drastic fashion than could be justified. I think the proposal of the right hon. Gentleman the Member for Whitehaven to abolish the 12 o'clock Rule would be keenly resisted by hon. Members generally, and they would be exceedingly jealous of anything that might interfere' with the practical working of that rule. We are all willing that it should be suspended on special occasions for special purposes, but we strongly deprecate any graver interference with it. I think we are entitled to an explanation why the Motion is proposed in this form.

(5.40.)

I am sorry the hon. Member for Caithness is not in his place; but I can assure the Lord Advocate, from all I can learn, that there is a very sincere desire that the Education of the Blind and Deaf Mute Bill should be passed, and I hope the hon. Member for Caithness will not continue his opposition. I should like to add, further, that there is something to be said for Scotch Members. The First Lord of the Treasury has admitted that it is fair that the Scotch Estimates should be taken at a reasonable time. We live at a considerable distance; we have to make our arrangements; yet I do think that the First Lord has rather taken Scotch Members into his own hands. At all events, I think Scotch Members ought to be defended by him against the rather insulting remark of the right hon. Gentleman the Member for Whitehaven. I can only account for it by the fact that the Member who made the observations was not considered worthy of notice. I do not think these remarks should be repeated, if you wish the assistance of Scotch Members in the conduct of Imperial affairs. All I can say is, that if such remarks are continued the Scotch people will become more and more of the view that they should be left to conduct their own affairs without the interference of the dominant vote of English Members.

(5.43.)

Though I have Amendments down upon the Education of the Blind and Deaf Mute Bill, I regret very much that the hon. Member for Caithness regards it as a contentious Bill. I do not regard it as in any way contentious. Though it does not give nearly all that was recommended by the Royal Commission, yet it gives something, and I hope the Government are prepared to meet us by a reasonable concession, and to endeavour to pass the Bill. There is nothing of a partisan or sectarian character in the Bill, and it is one which both sides of the House desire.

*(5.45.)

I rise for the purpose of reminding the right hon. Gentleman that he forgot to refer to a substantial part of the observations of my hon. Friend (Mr. Labouchere) with reference to forwarding Supply. The Scotch Members have vindicated their claim to be able to take care of themselves. But as an English Member, I wish to put forward a plea on behalf of English taxpayers, who, after all, form the great majority of those who contribute to the taxes, that this question of Supply should be dealt with on a more rational basis than Her Majesty's Government have dealt with it hitherto. The Government is well aware that they have broken faith with us in not. bringing the Estimates on earlier, and in regarding that as a first duty. I should like to know how, in the interests of the English taxpayers, we are to adequately discuss these Estimates at 3 or 4 o'clock in the morning at the fag end of the Session? I protest most emphatically against such proceedings, and I hope my hon. Friend will carry the matter to a Division, and that he will not hesitate to raise this question on every occasion he can until we have obtained a more rational method of dealing with Supply.

(5.47.)

I cannot congratulate the Government on the particular moment they have selected for the suspension of the Rule. They have waited until the English Bill was practically through the House, and they have only begun this new system when Scotch business is coming before the House. The Government now ask us to sit until 2, 3, 4, or 5 o'clock in the morning; but if that is attempted, it will be resisted unanimously by Scotch Members. There is a special reason why the Scotch Police Bill should be considered at a reasonable time. Originally it was sent to a Committee composed of nine out of the 12 Scotch Tory Members and seven out of the 46 Scotch Liberal Members. The deliberations of a Committee of that kind in no degree correspond with the opinion of the Scotch people. The whole Bill was passed through the Committee in three days. The Report was taken under the protest of the minority. These circumstances alone constitute sufficient reason why the Bill should be discussed in this House. I do not want to make a double Division by moving the Amendment which I have upon the Paper, but I should like an assurance from the First Lord that it is not intended to press the discussion of the Scotch Police Bill at an early hour in the morning. If such a course were taken it would be doubly inexcusable, because unnecessary.

(5.49.)

I can only speak again with the indulgenc of the House, but I wish to say that the Government has no desire to act unreasonably. We cannot enter into an engagement to report Progress at a certain fixed hour after 12 o'clock; but we wish to treat the House fairly and reasonably, and I do not think the hon. Member will have any reason to complain of the action of my Colleagues or myself in considering any reasonable objection. With reference to the question of the hon. and learned Gentleman (Mr. Warmington) with regard to Bills coming down amended from the House of Lords, it will be the duty of the Government to give the House an opportunity of considering those Amendments. With regard to the Deaf and Dumb Children (Scotland) Bill, I hope when it comes down from the House of Lords that we shall have the assistance of the great majority of the Scotch Members in passing it. There is, I am glad to say, no sectarian feeling involved.

(5.50.) The House divided:—Ayes 199; Noes 50.—(Div. List, No. 232.)

Orders Of The Day

(559) Police Bill,—(No 392)

As amended, further considered.

Amendments made.

(6.0.)

The House will observe that the Pension Fund is to be made up from various sources, one of which is the deduction of 2½ per cent. per annum from the wages of the constables. Now, that percentage will be recognised by all hon. Members as perfectly illusory, for the purpose of forming a substantial contribution to the fund; indeed, for all practical purposes, there might as well be no such contribution at all. What I propose is, then, that instead of the contribution being 2½ per cent. it should be 5 per cent. I know it may possibly be argued by the right hon. Gentleman that this would constitute a heavy tax on the police; but when I compare the wages they received with those paid to men belonging to a similar class in life, I think the conclusion is justifiable that a deduction of 5 per cent. would not be excessive. For instance, in the Metropolis the constables start with wages of 24s. a week, and are supplied in addition with boots and clothing, while, in the event of a man being unmarried, he can have quarters, including fire and lighting, for the moderate sum of 1s. per week. Can it be said, then, that a deduction of 5 per cent. is too heavy? Further than that, I believe that, in the case of all-other pension funds established for the benefit of bodies of workmen, the deduction is higher than 2½ per cent. I again pray in aid of the case of the Scotch Bill, in which it is provided that the rate of deduction in the case of officers above the rank of sergeant shall be 7½ per cent. I trust the Home Secretary will leave this an open question, and that I shall be supported by hon. Members opposite instead of their giving the customary silent vote against propositions emanating from this side of the House.

Amendment proposed, in page 9, line 31, to leave out the words "two and a half," and insert the word "five."— ( Mr. Atherley-Jones.)

Question proposed, "That the words 'two and a half' stand part of the Bill."

(6.5.)

If this question had appeared as res nova there would have been a good deal of force in the contention of the hon. Member, because 2½ per cent. may be called an infinitesimal percentage. It must be borne in mind, however, that the subject does not come before us as res nova. A series of Bills have been introduced by successive Governments, all of them containing a limit of 2½ per cent., and this, too, is the contribution enforced upon all the workmen employed by the great Railway Companies.

(6.9.)

I will not press the Amendment, but will ask leave to withdraw it.

Amendment, by leave, withdrawn.

(6.10.)

We are always told that this Bill has been framed in the interests of the Public Service, and not merely of the police. In the Scotch Committee the majority insisted that officers above the rank of sergeant should pay 7½ per cent. instead of 2½ per cent. In the case of an officer, in all probability his contributions to the Pension Fund for the great part of his service have been based on a low rate of pay, whereas his pension is calculated on the higher salary received in the last few years. That is the ground on which the Scotch Committee varied the percentage, and the Amendment I am now proposing is somewhat of a compromise on the point. A question was also raised as to whether officers who had not contributed to the fund ought not to be subjected to a further deduction. The Government undertook to consider this, and I should like to know at what conclusion they have arrived.

Amendment proposed, in page 9, line 33, after the word "deduction," to insert the words—

"(b) Every officer above the rank of sergeant sums after the rate of five per cent, of his pay."—(Sir George Campbell.)

Question proposed, "That those words be there inserted."

(6.13.)

The hon. Member will understand that the observations I made on the last Amendment apply equally to this.

We have considered that point, but we think it hardly necessary to alter the Bill in that respect, as very few such cases exist. No doubt in some parts there was a mistaken notion that a Chief Constable was not a constable in the ordinarily accepted sense of the term, and, therefore, was not allowed to pay anything to the Superannuation Fund. I think it would be very hard to make this Bill retrospective in such cases.

*

Amendment, by leave, withdrawn.

Another Amendment made.

(6.15.)

I have to move a new sub-section providing that in cases where a constable's pay has not been subject to deductions for the Pen- sion Fund, it shall be competent for the Police Authority to diminish the pension as they may deem reasonable under the circumstances, but to an extent not exceeding one-fifth of the pension to which the officer would otherwise be entitled. I hope the Home Secretary will explain how the matter stands. He has once or twice ridiculed the idea that the word "constable" required defining-, yet we have been told that in many counties the people were under the impression that a Chief Constable was not a constable, and that, therefore, his salary-was not subject to deductions for pension. We have been told that in all boroughs the Chief Constables have contributed to the Superannuation Fund, but that the mistaken idea prevailed in several counties, and that the cases of non-contribution are so very few that it is hardly worth while altering the provisions of the Bill so as to deal with them. I say that if officers who have not contributed are put on the same footing as those who have, it would be a great scandal. It is to obviate any harm arising from such a cause that I wish to move my Amendment.

Amendment proposed, in page 10, line 7, at the end of Clause 15, to insert the words—

"A constable has not been subjected to the deduction from his pay as above provided, as a contribution to the Pension Fund, for at least two-thirds of his whole service, the pension awarded to him shall be diminished to such an extent as to the Police Authority may seem reasonable under the circumstances, not exceeding one-fifth of the pension to which he would otherwise be entitled."—(Sir George Campbell.)

Question proposed, "That those words be there inserted."

(6.20.)

I think the hon. Member is moving the Amendment in the wrong place. It more properly belongs to the section which applies to the cases of existing constables; and when we reach that part of the Bill, I shall be willing to accept a clause taken from Mr. Fowler's Bill, and which practically provides for the reduction of pension in these cases as suggested by the hon. Member.

The case of Scotland is very different. There no member of the force has had deductions made from his wages for pension purposes. It would be a real grievance if a man who had been in the force 14 years and not paid any deductions, should at the end of another year be entitled to a pension, while a man just entering would have to serve 15 years and pay a percentage the whole time before becoming entitled to a pension. The case of England is that everybody practically has had to contribute to the Superannuation Fund, with the exception of a few chief constables, who have not been allowed to do so.

*(6.22.)

I think the clause taken from the Bill of the right hon. Member for Wolverhampton (Mr. H. H. Fowler) is the best one that could have been framed to meet this difficulty.

Amendment, by leave, withdrawn.

Other Amendments made.

*(6.24.)

I beg to move the omission of Clause 26, which gives power to charge upon the Police Fund the expenses when the military are called in to assist the police. This clause was not discussed in the Grand Committee, and introduces an entirely new principle which exists nowhere except in Ireland. I admit that were the military called in to assist the police on the responsibility of the County Council or some representative body, it might be reasonable that the locality should pay for it; but soldiers are called in on the signature of two Magistrates at the request of the chief constable—not representative people at all. Let me give the House three instances of this: A little while ago the soldiers were called in to assist the police in some tithe distraint at Anglesey by two Magistrates at the request of the chief constable. It was altogether against the wishes of the people, although they were not called upon to pay the cost. This clause may throw the burden on them in the future. I do not think the police are ever likely to be called in to assist at distraints for tithes in the future, because any Member for the County Council who voted for such a thing would lose his seat at the next election. Then, quite recently, the military were called on to quell some disturbances at Northampton. Their intervention was quite unnecessary, and the people were very angry about it. They would have been still more angry had they been called upon to pay the cost. The third case I wish to allude to is that of London. I do not think that Londoners would be very pleased if some unwise Home Secretary called upon the military to help the police when not necessary, and then threw the cost on the rates. Here are three instances in which the enforcement of this clause would create dissatisfaction. This is an entirely new departure, and I do not believe that anyone but the Irish people would submit to these conditions being imposed upon them. I think we ought to take a Division on this clause so as to see what hon. Members endorse the application of this entirely new principle. I submit that the clause is unnecessary, and that it will only breed ill-feeling and friction, and there is no demand for it from any quarter. It is an entirely new departure, and I hope the Home Secretary will not think it necessary to retain the clause.

Amendment proposed, to omit Clause 26.—( Captain Verney.)

Question proposed, "That Clause 26 stand part of the Bill."

*(6.31.)

The hon. and gallant Member is perfectly correct in saying that this matter was not discussed in Grand Committee. No one raised an objection to the clause. I took this clause bodily from the Bill of my predecessor. I do not think the Bill of Mr. Hibbert contained the clause, but the Bill of 1883 did, and all the successive Bills did. I will not argue whether it was wise to call out the military in Anglesey or in some other places, but I do not think the hon. and gallant Gentleman will dispute that there have been, and will be, occasions when it is necessary to call in the aid of the military. My right hon. Friend the Secretary of State for War is giving up the system of having small bodies of troops in given localities, and is adopting the plan of concentration. Consequently, in case of the military being called in to aid the civil power, there will be travelling expenses incurred by the troops summoned to assist, and I see, to my astonishment, that it is Welsh Members who oppose this clause. I suppose that, on account of the unhappy tithe dispute, which is really only a passing incident in the history of Wales, I know no part of the country in which it may be more necessary than in Wales to be able to call in the military, because in no part of the country are the police forces so small as in Wales, because of the absence of lawlessness and the peaceable demeanour of the people. On the other hand, in case of emergency, such as the Turnpike Riots some years ago, the police forces would not be sufficient to cope with the disturbance. I do not attach very great importance to the clause; but it seems to me only fair that if the military are called out by the civil power, it would be extremely inconvenient that the expense should be thrown on the War Office Vote. If, at the request of the Local Authority, military are sent over to any given place, surely it is proper that the Local Authority should pay the expense.

*(6.36.)

I regret I cannot agree with the Home Secretary on this question. So far from thinking this a small matter, I am afraid it is a large one. I do not attach much importance to it as a question of expenditure; but I think the principle which would be established by this clause is of great moment. A similar clause was in the Scotch Bill of this Session, and the Scotch Committee struck it out without opposition. If I remember right, the Lord Advocate entirely concurred in the omission. The fact is, it is an entirely new principle. All naval and military expenditure is defrayed out of the Votes of Parliament, and it is only upon the Estimates that the action of the Naval and Military Authorities can be challenged. If we allow a small amount of the military expenditure to be defrayed by any authority which is in no way responsible to Parliament, we shall prevent the possibility of the action arising out of that expenditure being challenged. As the right hon. Gentleman says he does not attach much importance to the matter, I trust he will consent to the omission of the clause.

(6.38.)

I do not share the constitutional scruples of my right hon. Friend, but inasmuch as my right hon. Friend the Lord Advocate approved of the omission of the clause from the Scotch Bill, I will not press the clause.

Question put, and negatived.

(6.40.)

I beg to move the omission of Sub-section 9 of Clause 29. This sub-section enables any constable, be he high or low, to accept the new Bill while availing himself of the privileges of the old Act. It seems to me entirely inconsistent with the principles of justice and right that a man should be allowed to pick and choose. Under this Bill no service under the age of 21 years is to count for pension; but in the old Act there is no such provision. A large number of men have entered the Service at 18, 19, and 20. In the Metropolitan Police Force there are 2,886 of such men. The other day the Home Secretary said it would be unjust to deprive them of service. It seems to me it would be unjust to allow them to take advantage of the new Bill while retaining the privileges they have under the old Act. A man can retire after 25 years' service, so that it is possible a man may retire at 43 years of age. I think it is altogether dangerous to allow men to retire at 46— the prime of life—and certainly I protest against some men being allowed to retire earlier.

Amendment proposed, in page 19, line 22, to leave out sub-section (9) of Clause 29.—( Sir George Campbell.)

Question proposed, "That the words proposed to be left out stand part of the Bill."

(6.44.)

I do not think the hon. Member really means to press this Amendment. It is clear that it would not be just, for no reason whatever, to deprive a man of any sort of service which he is now entitled to reckon towards pension.

(6.47.) Question put, and agreed to.

*(6.51.)

I propose to move the following Amendment:—

"That the pension to a constable, on retirement without medical certificate, shall be according to the maximum scale provided by Part I of the First Schedule to this Act,"
my object being to give Parliamentary sanction to the maximum scale. The Bill lays down a maximum and a minimum, and leaves it to the Local Authority to draw its scale anywhere between the two limits. As far as the Metropolitan Police is concerned, this House is really the Local Authority; and I ask, therefore, that this House, in its character of the Local Authority, shall do what the other Local Authorities throughout the country will do by resolution. The only legitimate alternative to the proposal I am submitting seems to be to leave it to the London County Council to fix the scale. I do not know whether that would be agreeable to the right hon. Gentleman or even to the London County Council unless they took over the entire control of the police. I very much regret that this House should be really the Local Authority for the Metropolitan Police; but as long as it insists on occupying that position, it ought not to shrink from the responsibility and the duties of the office, and, therefore, I say we ought to do by Act of Parliament what the other Local Authorities would be able to do by resolution.

Amendment proposed, in page 19, after line 42, after the word "follows," to insert the words—

"The pension to a constable, on retirement without medical certificate, shall be according to the maximum scale provided by Part I. of the First Schedule to this Act."— (Mr. Pickersgill.)

Question proposed, "That those words be there inserted."

(6.55.)

The hon. Member is not strictly accurate in calling Parliament the Local Authority in the Metropolis. The Secretary of State is the Local Authority of the Metropolis, although he is responsible to Parliament. I cannot assent to this proposition, and I may say it was made in the Grand Committee and rejected by a large majority.

(6.56.)

I am sorry the right hon. Gentleman is not able to accept this proposal. It is either intended or not that the Metropolitan Police should be allowed to retire as suggested by the Home Secretary in Committee. All we say is, that if they are to have that privilege, it should be put into the Bill.

(6.58.)

This is one of the difficulties that will continue to arise as long as the Metropolitan Police are under the control of the Home Office. The right hon. Gentleman may technically be right, but we want to have the matter settled in such a way that the men will know exactly where they are. I hope the right hon. Gentleman will even now assent to the Amendment.

(6.59.)

I shall be obliged to vote for the Amendment, because it seems not altogether impossible that the future Police Authority for the Metropolis will be the London County Council, and I wish to protect the Metropolitan Police from the benevolent régime of that body.

As a member of the County Council, I heartily endorse what the hon. Gentleman opposite has said. There are several Metropolitan Members on that side of the House. I am watching them with interest, and hope they will tell the House what their views are.

I do not know whether the hon. Member is watching me among the rest, but I am going to support the Amendment.

(7,1.) The House divided:—Ayes 51; Noes 163.—(Div. List, No. 233.)

Amendment proposed, in Clause 31, page 19, line 42, insert—

"The Court of Quarter Sessions to which an application is to be made with respect to the decision as to the pension or allowance shall be the Court of Quarter Sessions for the county of London."—(Mr. Secretary Matthews.)

Question, "That those words be there inserted," put, and agreed to.

*(7.15.)

The next Amendment raises an important and interesting point, which, I admit, was discussed in Committee, but not, as I think, satisfactorily decided. The short point of the Amendment is this: Admitting that pensions should be paid to the Commissioners of Police on their salaries, I raise objection to the further proposal of the right hon. Gentleman to pay pensions also to these gentlemen on their emoluments. The House will feel that the word "emoluments" is one of vague significance, and that we ought to know what it is that is included. According to the right hon. Gentleman, it includes a grant of £300 to each Commissioner for house rent—the idea, I suppose, being that they should live near their work, and, therefore, where rent is high. But it does not seem reasonable that when a man ceases to be an officer and becomes a pensioner, he should calculate his pension so far as regards this £300 on the same scale as that on which he calculates his pension on his salary as a whole. But I have another point: If you admit the principle of paying a pension on emoluments in the case of superior officers, I contend that you are bound also to give the same to the subordinate officers and the rank and file of the Metropolitan Police, and to effect that purpose I have an Amendment lower down on the Paper. The right hon. Gentleman the Home Secretary says these officers have a kind of legal right to receive pensions upon their emoluments, and he quotes the Metropolitan Police Staff Superannuation Act of 1875. I have that Act in my hand, and the word "emoluments," so far as I can see —and I have only glanced rapidly through the measure—never once occurs. The Home Secretary is empowered to make regulations respecting superannuation allowances on the like principle and conditions as were in force at the time of the passing of the Act in respect of persons in the Civil Service of the State. We were informed in the Committee that with regard to the Civil Service, the rule is that, in the case of emoluments of this kind and of an allowance for house-rent, the pension is not calculated on the whole of the allowance, but only on a proportionate part; and, therefore, I maintain that the right hon. Gentleman in the regulations which he has issued, or has professed to issue, under the authority of this Act, has not really been using the powers which are given to him. In the regulation the word "emoluments," I admit, does occur. It says—

"To any person who shall have served a certain number of years such an allowance based on his annual salary and the emoluments of his office."
I do think that the right hon. Gentleman in introducing the word "emoluments" into the regulation has exceeded the powers given to him by the Act of 1875; but however that may be, we are now making new regulations with the Commissioners of Police. We are giving them, in many respects, substantial ad- vantages which hitherto they have not possessed; and, that being the case, I hold that we are in a position to revise our contract. Under any circumstances, the House will see that we must have some definite statement as to what "emoluments" include. We are told that they mean house-rent, but I have an idea that they mean something else. On looking over the accounts, I see that the Commissioners are allowed £150 as expenses for visiting the dockyards. Is that an emolument which comes under the clause? At present, having followed as closely as I could all the explanations offered by the right hon. Gentleman, I am totally in the dark as to what these "emoluments" consist of. I beg to move the Amendment standing in my name.

Amendment proposed, in page 20, line 19, to leave out from the numbers"1875,"to the end of sub-section (4) of Clause 31.—( Mr. Pickersgill.)

Question proposed, "That the words proposed to be left out stand part of the Bill."

(7.23.)

This is a subject which was eminently fit for the consideration of the Standing Committee, but which is eminently unfit for the consideration of the House. It is a matter of such intricacy and complexity that I feel it is by no means easy for me to make myself intelligible. As the House is aware, the salaries originally attached to the offices of Chief Commissioner and Assistant Commissioners were in time recognised to be inadequate for the class of officers it was considered desirable to appoint, and to remedy this these officers were subsequently granted a "house allowance" of £300 a year. The salaries used to be £1,500 a year and £800 a year. The Home Secretary of the day shrank from asking for an increase of these salaries, which would have been the straightforward way of proceeding; and under the Metropolitan Police Staff Superannuation Act of 1875 it was provided that the Commissioner and Assistant Commissioner should get their pensions, not only on their nominal salaries, but also on their house allowances.

*

*

Probably not; but the Act enabled the Home Secretary to make regulations corresponding to those made by the Treasury under the Civil Service Regulation Act. The pension is not allowed on any emolument beyond these house allowances. If the contention of the hon. Member is right, that these payments cannot be made under the Act of 1875, then they will not be made under this clause, for all the clause does is to preserve to these officers that which they are entitled to under the Act of 1875. This clause simply preserves to these officers that which they have got already under a complicated net-work of Acts for which my predecessors, and not I, are responsible. If the old status does not give the right to have this £300 a year for house allowances, it will not be conferred by this clause. It really requires a study of half a dozen Acts of Parliament to see how this clause applies, but it is quite clear that it only preserves existing rights.

(7.15.)

This is a very important question, and it looks to me very much as if a job was being perpetrated. The right hon. Gentleman says that previous Home Secretaries deceived Parliament. [Cries of "No!"] Yes; Parliament was deceived when it was induced to pay the policeman's rent.

*

I have not made the assertion the hon. Gentleman attributes to me, and I would beg the hon. Member not to impute to me what I have not said.

I think that is the reasonable construction of the right hon. Gentleman's words. He told the House it was desired to raise the salaries of these gentlemen, but Home Secretaries did not like blankly to ask for an increase of salary for them, and so they asked for rent. If that is not deceiving Parliament, I do not know what is. Well, I say it is unreasonable and unfair to impute to previous Home Secretaries that they deceived Parliament. It is well-known that rents are high in the Metropolis, and it was quite reasonable to give their rents to these high officers. Now, however, you are giving these men favourable terms, and you are going to let them have this privilege in addition. I say it is some- thing very like a job, and that this Amendment ought to be accepted.

Question put, and agreed to.

*(7.32.)

It now logically follows that the House should accept the Amendment which stands next in my name. It is that the annual pay of the constable shall be deemed to include the value of all lodgings supplied to him, if any. I may point out that a provision substantially identical with this was introduced into a similar Bill brought forward by the Liberal Government in 1882. As the former Bills have been constantly quoted, I think that is a very strong precedent to bring forward.

Amendment proposed, in page 20, line 24, after the numbers"1875,"to insert the words—

"The annual pay of a constable shall be deemed to include the value of all lodging, if any, supplied to him."—(Mr. Pickersgill.)

Question proposed, "That those words be there inserted."

*(7.33.)

There is no analogy whatever between the two kinds of allowance, and I do not think it logically follows that this Amendment should be agreed to. I have only asked the House to preserve a right already existing. If you are going to give a constable a right to a pension upon an allowance of this kind, you will, I think, be establishing a bad precedent. Question put, and negatived.

Other Amendments agreed to.

Schedule 1 postponed.

Schedules 2, 3, and 4 agreed to.

*(7.38.)

I now move to re-commit the Bill in respect of Clause 29 and the 1st Schedule. Two hon. Members have Amendments to the same effect which involve some slight change, and I have expressed the intention of the Government to support them if they moved the Amendments. My own Amendments provide for a slight alteration of the scale, so as somewhat to increase the maximum after 25 years' service. The proposal was originally made by my right hon. Friend the Member for Peckham (Mr. Baumann) and rejected by the Committee. A number of Metropolitan Members on both sides of the House since told me that a slight increase in the scale for the Metropolitan Police would not in itself be onerous on the ratepayers, and would go far to satisfy the members of the force who look forward to obtaining the two-thirds pension at a somewhat earlier period than is now provided for. The whole of the evidence in the Blue Book tends to show that the Metropolitan policeman is worn out after 25 years' service or thereabouts, and it is on that principle that we allow him to retire after 25 years' service without a medal or certificate. I have placed Amendments on the Paper, which will make the scale progressive.

Motion made, and Question proposed, "That the Bill be re-committed in respect of Clause 29, and Schedule 1."— ( Mr. Secretary Matthews.)

(7.40.)

The House must thoroughly understand what this means; it means a reversal of the decision of the Grand Committee, arrived at by an enormous majority. Up to a certain point the Home Secretary was able to carry that Committee with him, but there came a point when the Committee revolted against his proposals; the proposal he has placed on the Paper was submitted to the Standing Committee and rejected by 15 to 6. Again, this is a surrender to the agitation in the Metropolitan Police Force against which the Home Secretary hitherto struggled, and as we supposed, struggled manfully. This is the question on which Mr. Monro went out of office, and on which the Home Secretary was supported against Mr. Monro. It is true he has not, in so many words, conceded the two-thirds pension after 25 years; he effects a compromise in a way, as it were, to save his honour. He has come back to the old argument that constables are worn out after 25 years' service. But we must distinguish between constables in a technical S3nse and constables in a practical sense. It is true, men who walk the streets are worn out after 25 years, but the officers are not worn out after such service. It is the officers who were led by Mr. Monro, and who got up the agitation. The agitation was repudiated by the men. It was an agitation which we thought the Home Secretary was going strongly to resist; but it was an agitation to which he has now yielded. Before he left office Mr. Monro told the officers they were bound to win, and they practically have won.

(7.45.)

I entirely disagree with the observations of the hon. Member for Kirkcaldy as to the opinion of the Grand Committee on this subject. The concession of the Home Secretary is exceedingly generous, and one which will be readily accepted by the police. It will prove a great benefit to the whole of the Force, men as well as officers. I have an Amendment on the Paper giving two-thirds, but I shall not think of pressing it after the generous concession of the right hon. Gentleman.

*(7.46.)

What the hon. Member for Kirkcaldy has said with regard to what took place in Committee is quite correct, and I hope my right hon. Friend, in the new schedule, will adhere to the minimum rate placed in the Bill. It is very important, in country districts especially, that we should have an opportunity of stating what we believe to be a fair and reasonable and proper pension for the police. We should like to have the minimum retained, as it is, because in many places the minimum would be absolutely sufficient for all purposes.

(7.47.)

I earnestly hope that the appeal of my hon. Friend will be accepted, but that is not quite enough. It is quite impossible that anyone who does not agree with the proposal of the Home Secretary, and who has any sort of responsibility in the House should pass this matter by without a word. I regarded the original proposal with the greatest apprehension. I consider it a most serious thing that a man should have an absolute right after 25 years' service to have any pension whatsoever, unless he is incapacitated. The Home Secretary by this alteration, which is contrary to the vote of the majority of the Committee, is showing too great a willingness to yield to the interests of the police, and in some cases too little thought for the interests of the ratepayers. Under the Scotch Bill, if a man retires at 25 years he will get, not two-thirds, but under one-half, 28–60ths, and he will not obtain two-thirds until he has actually served 34 years. Just think of the contrast between a policeman in Glasgow or Aberdeen and in London. My hon. and gallant Friend (Sir W. Barttelot) hopes the minimum will be kept up so that the Police Commissioners in the provinces may be enabled to apply a much lower standard for their police. I am afraid very great discontent will arise in these provincial forces, as I am afraid it may arise in the Scotch Forces. Have hon. Members considered what they are doing in giving a two-thirds pension after 25 years' service? Just imagine what would happen if a foreman in a Government establishment, who probably was harder worked than a police officer, could claim a pension of two-thirds of his salary after 25 years' service. Think what you will really do for the Police Force itself. The men of long service are the flower, the very backbone of the Force, and one effect of giving this pension will be that there will be very quick retirement, very quick promotion, and men will retire at the very top of their salaries. For these reasons I regard with dismay the change which the Home Secretary proposes, which, I must own, I regard with great apprehension.

Question put, and agreed to.

Bill re-committed in respect of Clause 29 and Schedule 1.

Bill considered in Committee.

(In the Committee.)

Clause 29.

(7.55.)

The Amendment I propose affects areas in the county of Lancashire, in which the police are able to get better pensions than those granted under this Bill. Under these circumstances the police claim a little consideration at the hands of the Government. I do not think I could have a stronger argument to urge for this Amendment than that the Police Authority, representing not only the Quarter Sessions but the ratepayers, through the County Council, have unanimously asked for consideration.

Amendment proposed Clause 29, page 18, line 42, after otherwise insert—

"Provided that, if a constable who has been in the service of a Police Authority not less than 10 years before the passing of this Act accepts its provision, the Police Authority may increase the pension to which he shall be entitled under the provisions of this Act by an annual sum not exceeding the excess over such pension of a pension to which he may become entitled if he declines in writing to accept the provisions of this Act."—(Mr. Leake.)

Question proposed "That these words be there inserted."

*(7.58.)

I would suggest that the Amendment which stands in the name of the hon. Member for the Stretford Division of Lancashire (Mr. Maclure) would carry out exactly the object the hon. Gentleman has in view, and do it rather more completely and effectually. In the first place it is important that a condition should be that the Police Authority have, under the existing law, been in the habit of granting higher pensions than those which this Bill gives. The hon. Member will observe that such a condition is contained in the Amendment of my hon. Friend (Mr. Maclure). The only reason for conceding such a point as this is that there have been reasonable expectations formed of a certain scale of pensions being granted, and that it is really hard to deprive existing constables of this expectation.

(7.59.)

I am quite prepared to accept my hon. Friend's Amendment in preference to mine.

Amendment, by leave, withdrawn.

Amendment proposed, in Clause 29, page 19, line 29, after"Act"insert—

"In the case of any existing constable to whom this Act applies, who has served not less than 10 years before the commencement of this Act in a Police Force in which the Police Authority have heretofore, under the provisions of former Acts, granted pensions of higher amount than authorised by the scale adopted by that Police Authority under the provisions of this Act, and who becomes entitled to a pension under this Act, then, notwithstanding anything in this Act, the pension may, if the Police Authority think fit, exceed the amount prescribed in the adopted scale, so as it does not exceed the amount which might have been granted if this Act had not passed."—(Mr. Maclure.)

*

May I ask the right hon. Gentleman how this affects the rate of pensions now granted in such counties as Lancashire, for instance?

In Lancashire pensions are given under the 3rd and 4th Vict., which applies to all county forces. It provides a rough scale of retirement, upon medical certificate, under the age of 60, with, a pension of between two-thirds and one-half pay. I gather that very nearly two-thirds of the pay are allowed after 25 years' service, and strong representations having been made not to disturb existing arrangements, so far as the expectations of the men are concerned, who have been looking forward to their pensions during many years' service, I have assented to the Amendment.

Amendment agreed to.

Clause, as amended, added to the Bill.

Schedule 1.

(8.7.)

The object of the Amendment I have to propose is to make the minimum pension the same as is provided in the Scotch Bill. In other words, I would give a wider option to the Local Authority. The Home Secretary says the Bill gives a certain latitude to the Local Authority —who may fix the scale of their pensions within a certain maximum and minimum, and I propose that the minimum shall be such that the English counties shall not be compelled to give more than the burghs and counties in Scotland can give. 1 in no way affect the discretion of the counties to give more, all I propose is, that the authorities shall have power to adopt the Scotch scale if they see fit.

Amendment proposed in Shedule 1, page 23, line 15, to leave out "two-sixtieths," and insert"one-sixtieth."— ( Sir G. Campbell.)

Amendment negatived.

(8.10.)

In deference to a wish that has been expressed, I propose to change the maximum of the pension from 30–50ths to 31–50ths. Though I myself think it introduces a somewhat lopsided scale, altering the proportion between maximum and minimum thus, yet I believe this is desired, and will meet general acceptance.

Amendment proposed in page 23, line 18, after the second word "thirty," to insert the word"one."—( Mr. Secretary Matthews.)

Question proposed, "That the word 'one' be there inserted."

(8.11.)

It is well the ratepayers should realise the effect of this. I believe the moment the Bill passes, there will be a large exodus of men from the higher ranks of the Force, and especially in the Metropolitan Force, members of which, having business connections in London, will retire at a comparatively early age, and devote their energies to other pursuits. This will be followed by promotions, and again and again the same thing will take place, until the Service will become emasculated, and the ratepayers will suffer from heavy pension imposts. However, we have made our protest and can do no more. The Home Secretary is the master of many legions, and it is useless to argue.

(8.12.)

Will the right hon. Gentleman amend the Scotch Schedule in the same fashion, or is this to apply to the English Bill only? If so, will the right hon. Gentleman explain the reasons for making the distinction?

*(8.13.)

Is it not desirable to make some modification by which Local Authorities could adopt a scale between the maximum and minimum?

(8.14.)

In the provincial forces the authorities may draw their scale of pensions anywhere they like between the extremes mentioned in the Bill.

(8.15.) The Committee divided:— Ayes 117; Noes 41.—(Div. List, No. 234.)

Other Amendments made.

I have an Amendment which conies next, which follows the lines of the Scotch Bill. I hope the right hon. Gentleman may see his way to accept it.

Amendment proposed, in Schedule 1, Part 2, page 25, Scale D, line 12, after "shillings," to insert—

"Or if there be no widow, an annual sum not exceeding five pounds as the police authority may determine."—(Mr. Howard Vincent.)

I cannot accept my hon. Friend's Amendment, nor I confess can I quite follow it—

Amendment, by leave, withdrawn.

Other verbal Amendments (Mr. Matthews) agreed to.

Schedule agreed to, as amended.

Bill reported; as amended, considered; read the third time, and passed. (8.35.)

Police (Scotland) (Re-Committed) Bill—(No 398)

Bill considered in Committee.

(In the Committee.)

(9.2.)

I beg to move the omission from the 1st Clause of the words "Not less than 25 years' approved service." Owing to fundamental alterations made in the Bill in Committee, there has been created a carious state of affairs. No man under the age of 60 years can obtain a pension; no man over the age of 30 can join the force, and, therefore, in order to get a pension a man must have at least 30 years' service. I think it would be far better to omit these words.

Amendment proposed, in Clause l, page 1, line 7, to leave out the words "Has completed not less than 25 years' approved service, and."—( Mr. Hunter.)

Question proposed, "That the words proposed be left out, and stand part of the Clause."

(9.4.)

If the hon. Member will look at a later section, he will see that this provision is introduced mainly in the interests of those already in the force.

Question put, and agreed to.

(9.5.)

I beg to move the omission of the words "twenty-five," and the substitution therefor of the word "thirty." I do so for this reason: No constable over the age of 25 can be admitted to the Force, and yet his pension will not become payable until he has reached the age of 55, so that between the maximum age of entering and the minimum age of retiring, there is an interval of 30 years. The effect of the pension will be to increase the number of old men in the Force, for those who are drawing towards the pension age will naturally remain in it until the pension is earned. I think it is desirable we should get as many young men in as possible. I think it would be highly inconvenient to establish by Act of Parliament the principle that 25 years' service is sufficient to qualify for a pension, when other provisions in the same Bill make it impossible for anyone to obtain a pension until he has served 30, and perhaps 34 years. To do so would be to create discontent in the Force. I think the words "25 years' approved service" should be withdrawn. The insertion of the words "thirty years" could not possibly be prejudicial to the men, and such an alteration would probably induce men about 21 years of age to enter the Force. It would also prove more satisfactory to the working classes who are opposed to pensions of this kind, if we insist that a pension shall only become payable after 30 years' service. In the Civil Service it is necessary for a man to serve more than 25 or 30 years in order to entitle him to a pension.

Amendment proposed in Clause 1, page 1, line 9, to leave out"25"and insert"30."—(Mr. Caldwell.)

Question proposed, "That '25' stand part of the Clause."

(9.12.)

This question had been discussed by the hon. Member with great moderation, and I intend to follow the same course. When the scheme of superannuation is matured, the result will be that no policeman will come in after 25 years of age, and no policeman will go out with a pension till he is 55, so that we shall have 30 years' service. This is one of the first of the Amendments which touch upon the whole scale and rate of figures in the Bill. In the Select Committee certain modifications were moved on these figures, and all in the direction of a more economical system of pensions. I do not profess to be in complete personal agreement with all that has been done, but I am quite prepared to stand by what has been agreed upon by the Select Committee. The Bill had been very carefully considered. An admirable temper prevailed in the Committee, and we had the advantage of the presence of some Members specially conversant with the subject. Under these circumstances I am quite prepared to adopt the recommendations of the Committee, except on one point, which does not involve a serious amount of dissension.

(9.16.)

I am very glad to hear this announcement by the Lord Advocate, and I am sure it will very much facilitate business. The Scotch Committee have made the Bill as tolerable as possible, and we might go farther and fare worse. If the Government will accept the recommendations of the Scotch Committee, and not act as they did in the case of the English Bill, I shall be satisfied, although the majority of the members of that Committee are Conservatives, they showed some independence and——

(9.17.)

My hon. Friend has anticipated what I intended to say. I do think, as he had so much to talk about on the English Bill, he might have allowed us a little opportunity on this Bill. It did strike me that the effect of the clause as it now stands might prevent men joining the force until they were nearly 25 years of age, and I am anxious to get them in at a lower age. Still, after the announcement of the Lord Advocate, I hope the Scotch Members generally will accept the Bill without further discussion.

Question put, and agreed to.

(9.20.)

Inline 11, of page 1, I wish to insert the word "five" after "sixty." This refers to the age at which the constables of the higher rank become entitled to a pension. Very often they are as fit for duty at 65 as at any period of their life, and therefore I do not think it unreasonable to fix the limit at 65.

Amendment proposed, in Clause 1, page 1, line 11, after "sixty" to insert"five."—( Mr. Caldwell.)

Question proposed, "That the word 'five' be there inserted."

*(9.21.)

I hope my hon. Friend will not persist in this Amendment. Unfortunately, experience does not entirely bear out his suggestion as to their bodily strength at 65, and it is not desirable to retain men in the force at too advanced an age.

Question put, and negatived.

(9.22.)

Amendment proposed in Clause 1, page 1, line 16, to leave out subsection (b).

Question, "That Sub-section (b) stand part of the Clause," put and agreed to.

(9.23.)

There is an Amendment standing in my name, reducing from 20 to 15 years the period at which, if incapacitated, a constable shall be entitled, upon medical certificate, to retire and receive a pension, but after the intimation of the Lord Advocate, I am afraid it will be quite useless for me to press this and other Amendments I have put upon the Paper. I ought, perhaps, to apologise for having put down so many Amendments to a Scottish Bill, but so many of the Scottish Members were on the Select Committee that very few were left to place Amendments on the Paper contrary to the conclusions of the Committee. I have received letters from a large number of police officers in Scotland, calling attention to the very serious injury which may result from the difference between the conditions of superannuation in Scotland and in England, I do not intend to trouble the House by reading them. But I may point out that even now there is a considerable migration from the Scotch Police to the English Police, and the Government proposals will not tend to stop it. I will ask the Lord Advocate whether he cannot see his way, in any degree, to accept some of my Amendments, with the view of assimilating the superannuation in the two countries. I will simply formally move the first of my Amendments.

Amendment proposed in Clause 1, page 1, line 21, to leave out twenty and insert 15.

Question proposed, "That the word 'twenty' stand part of the Clause."

(9.24.)

I think my hon. Friend has taken a course which is most judicious and sensible in the Parliamentary situation in which he finds this Bill. My hon. Friend has stoutly maintained, both here and elsewhere, that the figures he proposed were really the proper and just figures in relation to the police, but I am bound to tell him that I view the matter rather from the general aspect in which it presents itself. We have already discussed the subject in Committee in a very fair and practical way. The Committee was fairly representative of all Scottish interests, and the conclusions they arrived at are embodied in the Bill as it now stands. I am not prepared now to go back on them. On the contrary, as I gather from the opinion of my hon. Friends, as well as that of hon. Gentlemen opposite, they are a fair and reasonable reward for the police. I concur in that opinion, and as regards the practical details, there is only one point upon which I shall ask the Committee to go back, and that is the question of 2½ instead of 7½ per cent. as the deduction in the case of superior officers.

(9.26.)

I also have an Amendment to increase the period to 25 years, but as I find on examination that, so far as the Pension Fund is concerned, there is extremely little difference between the limits of 20 and 25, I shall not move that Amendment. There can be no doubt that the weak point in this usuperannuation scheme is the medical certificate. If you give men a right to retire at a certain age, by some my sterous process, they can always get the necessary medical certificate. There is no doubt when a policeman reaches the retiring age, he will suddenly find that his constitution is not sufficiently strong for his work. If he retires just before he has completed 20 years' service he gets a gratuity of about £116, whereas the pension he is entitled to at the end of the 20 years is worth over£400, so of, course, he will strive hard to serve the full period.

Question put, and agreed to.

(9.29.)

I think some reason should be given for the difference which is made by these Bills in the position of the Scottish constable as compared with the English constable. The work which the Scottish policeman has to perform in Glasgow, for instance, is far harder than in London. The Scottish criminal is of a worse type than the English criminal. He is, generally speaking, stronger physically, and defends himself more. The constables are in consequence assaulted more frequently, and have harder work altogether. Yet the English policeman is to be entitled to a pension at 46 years of age, while the Scottish policeman requires to be 55. As this might touch the rates, I shall not support the hon. Member for Sheffield (Mr. Howard Vincent) in any of his Amendments. We must permit the Government to have for the same description of officials one class of legislation in England and another in Scotland, and repeat the old story of having privileges given to England and Ireland—those in the case of Ireland being of a special character—whilst Scotland is left alone.

Clause 1 agreed to.

Clause 2 agreed to.

Clause 3 agreed to, with Amendments.

Clause 4.

Amendment moved, Clause 4, page 3, line 34, at end, add

"But not less than 15 years' continuous approved service shall be in the force from which any pension is claimed."—(Mr. Caldwell.)

Question proposed, "That those words be there inserted."

Question put, and negatived.

Clauses 4, 5, 6 and 7 agreed to.

Clause 8.

(9.35.)

I move to leave out sub-section "c." This Amendment raises rather an interesting question as to the status of the police after they have obtained their pensions. Before the Select Committee a proposal was made by the hon. Member for Dundee practically to retain the pensioned men as a kind of reserve police, available for duty on Sundays and on special occasions. That proposal was negatived, and the question that now arises is whether, when a policeman has completed his time and obtained his pension, he should not be made a free and independent man. The sub-section provides that the pension shall be forfeited if the grantee refuses to give to the police all the information and assistance in his power for the detection of crime, apprehension of criminals, and suppression of disturbance of the public peace. The object of the clause is to retain the service of the pensioned police as auxiliaries. I do not entertain any strong objection to that, but I object to imposing such a penalty as the forfeiture of pension. I attach enormous importance to the security of the pensions, and one of the points in the Bill of which I most approve is that which makes pensions a matter of right, and makes them a matter of property rather than of grace or favour to be continued or discontinued according to the goodwill of the Local Authority for the time being. It strikes me that in London this subsection might operate very harshly and injuriously. Suppose, for example, a policeman who has served in the Police Force of Glasgow receives a pension and retires to his old home in the highlands, and supposing there occurs one of those disturbances which call for the intervention of the police, if the pensioned policeman does not do his utmost to suppress the disturbance under this sub-section, the Glasgow Authority may stop his pension. Surely such a pensioner would be placed in a very awkward and invidious position. In the first place he will have arrived at an age when it is supposed he is no longer fit for active service, and in the next place he is called upon to act in his own highland home amongst his friends. He is put in this dilemma, that he must either sacrifice the pension he has earned by long years of service or he must raise his hand as a volunteer auxiliary to assault and injure, perhaps his father or brother, or other near relative. It seems to me that under this Bill cases of very great hardship must arise between divided duty on the part of the pensioned constable, and I would ask the Government whether it is worth their while to retain a clause of this sort. It can be of extremely small utility to the Police Force, because the supposition is that these men are all incapable of acting as policemen. It may be said that in such a case as that I have referred to it would not be compulsory on the Authority in Glasgow to take away the man's pension, but the dread that it may be taken away, and the uncertainty of the position, are evils of the highest magnitude, not to be incurred without some adequate or sufficient reason of public utility. No such reason is forthcoming, and it seems to me that while on the one hand we ought, as I think the Committee upstairs did, carefully scrutinise the Bill to prevent charges being put on the ratepayers, on the other hand, we should give the policemen every conceivable security which is not inconsistent with the principles of economy. Financially, I think the clause is worth nothing, as no pension fund would be affected by its loss, and even at the tenth hour I would still appeal to the Committee to strike the clause out of the Bill, and to give to the pensioners that feeling of security which is worth more than money itself.

Amendment moved, in Clause 8, page 7, line 16, to leave out Sub-section (c.)."—( Mr. Hunter.)

Question proposed, "That Sub-section (c) stand part of the Clause."

(9.42.)

I must say that in all the discussions that took place on the English Bill, I thought that on the subsection dealing with the future employment of ex-policemen, the most difficult one for Members to make up their minds upon, looking at the important and conflicting arguments we heard. There is on the one side the danger that a very serious political power may be given over to a retired policeman, owing to these words, "the suppression of any disturbance of the public peace," but on the other hand, there is the serious consideration that in London you are making a reserve force of several thousand men—almost young men of between 41 and 50 years of age. Those of us who thought that the London police were over well treated in this respect were not very unwilling that these men—who are like officers on half-pay—should be called on to act in case of a disturbance, seeing that they will be as efficient as the ordinary police. But that consideration does not apply in the case of Scotland, where the men will be broken down in the knees and over 55 years of age, and very little use in a serious disturbance. The consideration, however, felt in England as to the danger to a retired policeman who might sympathise with some strong political or social movement applies equally to Scotland, particularly highlands. I shall be very glad if the Government will agree to omit the part of the sub-clause which deals with the suppression of disturbances of the public peace. I should certainly be very unwilling to vote for the omission of the previous lines, for I think that however a pensioned policeman is, he is bound as an ex-public servant to do all he can for the detection of crime and the apprehension of criminals.

(9.45.)

This is one of the points on which I hope the Government will give way. I have been very much opposed to anything like making the Bill uniform with the English, measure, because I have felt that if, as some of my hon. Friends think should be the case, the Bill is levelled up to the English measure, it may be necessary also to level it down to that measure. I hope the Lord Advocate will not find himself bound by anything in the English Bill, and, as to this sub section, having had as wide an experience as most hon. Members of the police in Scotland, I believe that it will be of no practical value whatever. I think it will be open to grave abuse, and will cause great irritation, and I therefore trust it will be omitted.

(9.47.)

I am unwilling to support any material alteration to the Bill as it stands, because in the Select Committee we gave the best consideration we could to it, and because, in spite of the reproaches sometimes uttered against Scotch Members, as to the time we take in discussing Bills, we bid fair to-night to despatch our business with more expedition than our English brethren have done. But I would venture to repeat a suggestion to the Government in regard to this sub-section which was made by the hon. Member for Aberdeen. I think it will be agreed that there is a great deal of force in the argument that a pensioned policeman should not be called upon to do police duty in a place where he had never served as a policeman. It would be clearly unfair that a constable enjoying a pension should be expected to act as a sort of spy over the Police Authorities in a different part of the country to that in which he had earned his pension. What I would suggest is that in addition to the omission of the words objected to by the right hon. Gentleman the Member for the Bridgeton Division these words should be added—

"If the grantee refuses to give to the police all the information and assistance in his power within the police area of the force in which he has last served."

(9.50.)

The Committee considered the clause as a whole, and I think we were fairly unanimous in the solution we found for the difficulties we had to encounter. The subject was discussed in a very temperate and fair manner. In whose interests are these restrictions made? In the interests of the ratepayers. It is not likely that, say a Town Councillor of Glasgow, would strain a point against a man who had served for a long time in the police force and had had a pension awarded to him. I cannot imagine that anything but a liberal view would be taken of the clause. I shall, therefore, oppose any limitation of the kind suggested.

(9.53.)

It has been suggested by my right hon. Friend (Sir G. Trevelyan) that instead of attacking the whole clause I should limit the Amendment to the words, "for the suppression of any disturbance of the public peace." I accept that suggestion, and I would ask leave to withdraw my Amendment.

(9.56.)

I am against the principle of this clause, because I think that if a man has served till he is 58 or 60 years of age, and during the time of his service a certain proportion of his salary has been deducted he has an absolute right to his pension, and you ought not to impose these conditions any more than you ought in the case of an ex-Cabinet Minister, or an officer of the Army or Navy, or a Judge. I do not see why my hon. and learned Friend should withdraw any portion of his Amendment. We know that in the highlands, for instance, the Police Authority is not elected by the people, but to the extent of one-half consists of gentlemen who sit by right of property. There may be disturbances in the future as there have been in the past, and we know that the police sympathise with the people in their grievances. The complaint has been generally that whilst the local police sympathise with and assist the people, foreign police are sent in who adopt a very different attitude. I hope the right hon. Gentleman will meet us a little on this point, and we will assist him with the Bill as far as we possibly can.

(9.58.)

I think a policeman has an absolute right to his pension after he has served for the allotted time. On this ground I object to the sub-section, and I also object to it because it will, if carried, produce a set of informers all over the country. I think it unfair to place a retired policeman in the position of an informer. The right hon. Gentleman says the Police Authorities of Glasgow would not strain this power against the police. That seems to me to be the strongest argument against the clause, because if it is to be of no effect it ought not to be in the Bill.

Amendment, by leave, withdrawn.

(9.59.)

I now beg to move the insertion of "and" after the word "crime," so as to enable me to propose the Amendment in its modified form.

Amendment proposed in page 7, line 17, after the word "crime," to insert the word "and."—( Mr. Hunter.)

Question proposed, "That the word 'and' be there inserted."

Might I ask whether, on this point, the Government will give way to us? I think it will very much facilitate business if they do.

(10.0.)

This must be considered with regard to Scotland as a whole, and I think it is not unreasonable to exact that a retired policeman should not refuse to give any assistance he can to the police. I hope the House will not give effect to the notion that there is not likely to be fair play. I do not think there is any reason for striking out the words. All we want to prevent is the suggestion that the ratepayers or taxpayers are supporting a man who is really, by his conduct, adding to their burdens.

(10.4.)

I do not look on these words as imposing on the police any special duty. I regard it as the duty of every citizen to give to the police all the assistance in his power. The neglect of that duty on the part of a retired policeman would not, I think, be improperly punished by the withdrawal of his pension.

(10.5.)

I hope my hon. Friend will not think it necessary to divide on his Amendment.

I hope the Government will give way on the point. My hon. Friend the Member for Inverness (Mr. Finlay) has pointed out most distinctly that an obligation lies on the retired policeman as on other citizens to do his duty. What is suggested by this sub-section is that a retired policeman should keep himself in reserve, so that if there are any particular duties to do, he may be called away from his ordinary employment to do them. For instance, a man might be sent to Fraserburgh or Netherhead during the fishing season to assist in keeping the public peace.

*(10.6.)

I have followed very carefully this Debate on what is a purely practical question. I put it to myself as an English Magistrate—supposing in the district where I live, there were a number of old policemen from 55 to 70 years of age living on their pensions, and it were necessary to take steps to suppress a disturbance of the public peace, should one naturally call upon the retired policemen? I think not. I think, however, we should require them to give all the assistance they could in the detection of crime, but not expect of them the physical burden of putting down disturbers of the peace who might be 30 years their juniors.

(10.8.)

Considering the way we have met the Government they might very well give way to the feeling of the Scotch Members on this small point. When you come to the question of the disturbance of the public peace you touch political questions. The clause may be applied in election time, or in the case of Crofter disturbances.

*(10.9.)

The Government would be exceedingly glad to meet the wishes of the Scotch Members in the matter if it were possible to do so, but I am bound to point out that a similar provision has already been passed in the English Bill, and that to strike it out of this Bill would be to make a difference between England and Scotland, which is not desirable. I cannot think that any injury will result from the retention of the provisions. It will be in the power of the Police Authority to deal with each case that arose, and I do not believe that any injustice will under any circumstances be done by retaining the provision as it stands.

There are a great many differences between the Scotch and English Bills. There are differences, for instance, both in regard to age and scale of pensions. The similarity between the two Bills in this respect cannot, therefore, be cited against the Scotch Members.

I must say the reason the right hon. Gentleman gives for refusing the request of the Scotch Members is a very bad one. The very fact that this Bill is different in principle to the English Bill is surely a reason for making a difference in a matter of detail.

*

This clause was carried by probably the largest majority obtained in the Committee, and the matter was thoroughly threshed out. There is no one who wishes to be fairer to the policemen than myself, but on the whole I think this clause is extremely fair.

My opposition is to the principle of the Bill, and, therefore, I have not interfered with the details. I only rise now to remind the First Lord of the Treasury how the subsequent events have justified the Motion he made that both of these Bills should be referred to the same Committee. The First Lord of the Treasury has now excused himself from meeting the wishes of the Scotch Members on this small point by alleging that the English Bill contains a similar provision. The English Bill cannot be altered, and that fact is put forward as a justification for refusing to yield to our request.

Let me very respectfully suggest to the First Lord of the Treasury that it is just because this Bill very materially differs from the English Bill that he is going to get it through so amicably. Under these circumstances I think he might give way.

(10.14.)

There is one complete answer to the First Lord of the Treasury, and that is: that, under the Scotch Bill, the men will not be superannuated until they are 55. Under the English Bill the men may be superannuated eight years earlier. The hon. Member for Lanarkshire (Mr. Hozier) is quite in error as to the views of the Committee on this point. It is true the clause, as a whole, was carried by a majority of 12 to 4, but this particular point was never submitted to the Committee at all. The First Lord of the Treasury cannot see the possibility of any person suffering any injury. That is quite right, speaking as an Englishman from an English point of view; but he has no idea of the depth of bitterness of the Scotch Tory. I assure the right hon. Gentleman that it is not only possible, but probable, that injury will be done. With regard to suppression of crime I give way, but the disturbance of the peace is a totally different matter. It is likely that this clause will be utilised for the purpose of trying to deprive men who have served their time of their pension. That is quite within the limits of experience, and it is important we should give to the Highlanders the security that such a thing cannot happen. I hope that, even at the last moment, the Government will give way.

(10.18.) The Committee divided:— Ayes 75; Noes 127.—(Div. List, No. 235.)

Motion made, and Question proposed, "That Clause 8, as amended, stand part of the Bill."

(10.25.)

I very much regret the Government have not seen fit to give way to the Scotch Members on this point, and, as a means of expressing our dissatisfaction, we must oppose the clause altogether. Personally, I consider the clause totally unnecessary. I shall vote against the Third Reading, but I hold that if you give police constables a pension you ought not to take it away for any other reason than you take away pensions from anyone who has served in the Army, Navy, and Civil Service.

Question put, and agreed to.

Clause 9 agreed to.

Clause 10.

Amendment proposed, in page 7, line 41, to leave out all after "shall" to end of Clause, and insert—

"Prejudice the existing right of any police authority to dismiss any constable, or to reduce him to any lower rank or lower rate of pay, or shall prevent his claim to pension from being refused on account of misconduct or of negligence in the discharge of his duties or on account of any of the grounds on which his pension, if granted, would he liable to he forfeited and withdrawn."— (The Lord Advocate.)

(10.34.)

I do not rise to object to these words, but to remark, this Amendment was proposed in the Select Committee, and was then defeated by a narrow majority, by the casting vote of the Lord Advocate himself. He now makes the proposal himself, and I hope he will take no exception to the renewal of other proposals where decisions were carried in Committee by the casting vote of the Chairman. When we come to a later Amendment, I shall invoke the precedent the right hon. Gentleman is now setting.

(10.35.)

This is singularly ungracious. It is true that decisions were arrived at in Committee by narrow majorities, and in several instances I was called upon to give a casting vote. But I have cheerfully given way where I thought I could do so in the public interest, and to meet any generally expressed view. I shall make no complaint of any such citation of my action.

Amendment agreed to.

Clause as amended, agreed to.

Clause 11.

(10.36)

Does the expression "Sheriff" include the Sheriff Substitute? It is not included in the definition clause.

(10.36.)

According to my recollection of the Bill of last year, the expression does include the Sheriff Substitute.

(10.37.)

But I think that is undesirable. The Sheriff is a great officer, and though I do not say a word to derogate from the dignity of the Sheriff Substitute, he does not occupy that high position an official should have if he is to over-rule the Local Authorities in a great burgh. I think this function should be confined to the Sheriff.

(10.38.)

I entirely disagree with my hon. Friend. The Sheriff Substitute is present in the district, and we look to him in all practical business of this kind, but the Sheriff is sometimes a political opponent with whom we have differences of opinion. I am sure Scottish feeling will be in favour of including the Sheriff Substitute.

(10.38.)

I am strongly desirous that the phrase should include the Sheriff Substitute, and if there is any doubt on this point, I would suggest an addition here or in the definition clause. The working Judge is the Sheriff Substitute, the Sheriff is but an ornamental official, and his appointment often but a political job.

(10.38.)

I find I am quite right in my interpretation; the expression "Sheriff" includes Sheriff Substitute.

Clauses 11 and 12 agreed to.

Clause 13.

(10.39.)

The Amendment I have to propose is with the object of providing that no constable in receipt of a pension shall be appointed to an office, the remuneration for which is provided by moneys voted by Parliament or raised by the rates. It is quite conceivable that a policeman might, after receiving a pension, be appointed to an office paid for out of the rates, and thus receive better payment than he actually received when a younger man in full active employment in the force.

Amendment proposed in page 8, line 32, to leave out "If a," and insert"No."— {Mr. Caldwell.)

Question proposed, "that the words 'If a' stand part of the Clause."

(10.40.)

I think the restriction in the Bill represents the general view of the Committee.

Question put, and agreed to.

Motion made, and question proposed "That Clause 13 stand part of the Bill."

(10.41.)

I took the opinion of the House on an Amendment to omit a similar clause in the English Bill, and the English Bill is much better than the Scotch Bill in many respects. Possibly Scotch Members may be willing to accept the exclusion of this clause.

Question put, and agreed to.

Clause 14 agreed to.

Clause 15.

(10.42.)

In view of the intention of the Government to accept the Amendment standing next to mine for deleting the sub-section, for the insertion of which I and others voted under a misapprehension, I do not propose to move my Amendment standing next.

(10.42.)

If the hon. Member will not move his Amendment I will move it for him. What I wish to bring about is this, and if the Amendment of the hon. Member opposite accomplishes the end I have, I need not move. In Committee it was agreed that the deductions from the officers should be 7½ per cent. If the proposition had been 5 per cent., I should have voted for it, for that, I think, is the proper sum to be deducted. Then an Amendment was proposed by the hon. Member for Lanark, that an officer should not suffer any deduction beyond 2½ per cent., a proposal I am bound to say, I could not agree with. Nearly the whole of the Committee agreed that there should be a substantial distinction between the contributions of the officers of the constables and sergeants. The argument used to induce us to give pensions to constables and sergeants has no application to officers.

*

I understand the hon. Member proposes to move the Amendment standing in the name of the hon. Member for the Partick Division.

*

*(10.43.)

I beg to move my Amendment. The increase of pay when a member of the force is promoted from the rank of sergeant to inspector is so slight——

On a point of order, Sir, I wish to move and omit the words "seven and a half," and insert "five." Shall I be precluded from doing that by the result of the Amendment the hon. Member is about to move?

I will put the Amendment in such a form that the hon. Member's right will remain.

*

The intention of my Amendment simply is that officers of superior rank shall not be called upon to contribute 7½percent., but only 2½ per cent. like the rest of the force. I think, as a matter of fact, there was a general agreement upon this in Committee. The figures gave a majority of two for the Amendment, which was carried, but, certainly, two hon. Members voted under a misapprehension. I hope the Committee will agree to the deletion of the sub-section.

Amendment proposed, in page 9, line 9, to leave out the words "every officer above the rank of sergeant liable at the rate of."—( Mr. Hozier.)

Question proposed, "That the words proposed to be left out stand part of the Question."

(10.44.)

I think the decision of the Committee is one that cannot be maintained, and if it it were necessary to dwell upon that, I could give some figures that would be absolutely convincing. At the same time, I desired to ascertain, as far as I could, the prevalent opinion among Scotch Members, and, so far as I am able to gather, no one is in favour of 7½ per cent., and I think that figure is untenable. In point of fact, it would reduce the pay of an inspector of the lowest rank below that of a sergeant of a highest rank for a period of five years. The pay of an inspector of the second rank being £90 reduced by 7½ per cent. will be £83 5s., while that of a sergeant of the highest rank reduced by 2½ per cent. will be net £83 9s. Such a statement is quite enough to blow 7½ per cent. out of the water. The preponderating opinion is, I think, in favour of 5 per cent., but I think it would be well for the Committee to avoid a distinction which involves no advantage from a financial point of view, and may result in an irritating effect upon the Service. I hope the Committee will agree to the general reduction all round being 2½ per cent.

(10.45.)

So far as I am able to ascertain, I think the general feeling is in favour of 5 per cent., and I should be quite willing to concede that. I think most of us in the Select Committee were under the impression that salaries rise more rapidly in the higher grades than they actually do. But, at the same time, I feel strongly that, even in the case of constables, 2½ per cent, is a very small contribution indeed towards earning a pension, and financial authorities have remarked upon this. I think that in the higher salaries, it is reasonable to fix the contributions at 5 per cent. I think we ought to look at the financial side of the question, although the Lord Advocate seems to think that is unnecessary. The scheme is really a different scheme to that presented to us on the Second Reading of the Bill.

I did not say it was unnecessary to look at the financial side of the question, all I said was that the difference was so small that it could not be said to have any bearing on the actuarial calculation.

I am not quite sure that it requires to be made out by figures, but we are not entitled to disregard any part of the financial position, having in view the position at the end of 30 years, and the probable increase of the Force with the increase of population. I do not think we are entitled to throw away any just source of income, and I think in these cases 5 per cent. is not an unreasonable contribution.

*

The actuarial calculations put before us in Committee were based on the distinct understanding that no one paid more than 2½ per cent.

(10.47.)

I hold that the view taken in Committee had no reference to actuarial calculations at all; it turned upon matters of equity and fair play as between various members of the Force. It was represented that the men who retired on high pensions, the men in the higher branches of the Service, would be contributing a very much smaller proportion towards their pensions than the less fortunate individuals who had never emerged from the lower ranks. I have not the figures now, but they show a startling disproportion against the poorer men, and in favour of those who, after promotion, retire on the higher pensions, having contributed on the lower scale during nearly the whole of their terms of service.

(10.48.)

I am not quite sure whether my hon. Friend has considered that these superior officers above the rank of sergeant will contribute to the age of 60, and others only to 55. I am bound to say I think it is rather hard that a fine should be put upon the men who rise. Is it not sufficient that they have to serve another five years? I think the 2½ per cent. might be maintained. I confess I have sympathy with the idea of charging more when a man gets to the higher rate of pay, but here it must be pointed out that our pay is not uniform, and some men who have not risen above the rank of sergeant will get as high pay as Inspectors in some instances. It is less a matter of pay than of grade and merit. I think 2½ per cent. might be adopted, and that it is scarcely worth while contesting the point.

(10.49.)

I base my consideration of the point upon the question of justice and fair play between the officers and the men, and between the police and the public at large. If this were a fund upon which pensions were to depend, and these were to be measured by the amount of contributions, it is obvious that proportionately much higher contributions would be required from the officers than from the men. But the Government are granting £40,000 a year, and the contributions of the men are but a fifth or sixth of the amount they will receive. It may fairly be contended that the Government should not make a proportionately larger contribution towards the pensions of the officers than the pensions of the men. There are these considerations also, that the wear and tear and exhaustion by exposure to all weathers is greater among the men than among the officers; also that the wages paid the men are not sufficient to enable them to make any provision for old age, but that is not so with the officers, whose pay exceeds the income of many men of middle class. There is certainly no argument ad inisericordiam for the officers. It is fair they should contribute a larger sum than the men, and my opinion is, that if the proceedings in Committee had been conducted with more deliberation, 5 per cent. would have been inserted. With regard to what the hon. Member for Lanark has said as to two Members of the Committee having changed their opinions, I do not think we can take account of that, because if they are here, they can explain their position, and if they are absent, it is not well that their views should be represented by proxy. It is within the power of the Government, of course, to upset the decision of the Select Committee, but I think it would more conduce to progress and the harmony of our proceedings if they accepted the compromise of 5 per cent.

(10.52.)

Throughout the proceedings before the Committee I stated, as I did also in private communications to Members, that I should ask the House upon this point to go back upon the finding of the Committee.

(10.52.)

I may explain that in Committee figures were put before us which seemed to show that the pay of the inspector was three times that of the ordinary constable, £100 to £33, and upon that it was estimated the contribution of the inspector should be three times that of the constable. But on further examination of the figures, it appeared that the difference in pay was as 10 to eight, or £100 a year to 33s. a week. The fact is, the rise in pay is extremely gradual in the grades of the Scotch Police Force, and this sudden increase in contribution would reverse the positions as regards pay in some instances.

(11.0.)

I may point out that this provision will work very unequally. In some counties the inspector gets only 28s. per week, and you will deduct 5 per cent. of his pay, while the constable, who in another town gets 30s. a week, will pay only 2½ per cent.

Amendment put, and negatived.

Clause 15, agreed to.

Clause 16.

Amendment proposed, in Clause 16, page 9, line 25, to leave out "stoppages and."—(Mr. Caldwell.)

Question proposed, "That the words proposed to be left out stand part of the Clause."

(11.5.)

I think this matter was sufficiently discussed in Committee, and the clause as now framed is a fair compromise. It met with general approval in the Committee, and I hope it will not again be discussed here. The Scotch Authorities are well treated under this Bill. Glasgow, for instance, will be a great gainer by the arrangement now proposed, for its rates will be relieved of a charge of something like £1,200 a year for pensions. I do trust this Committee will accede to what, after all, is a settlement of matters of detail, and not engage in a mighty amount of discussion about a very small affair.

(11.6.)

It seems to me that Clauses 16 and 19 are closely allied to each other, but the Debate will take place on the latter. If you pass it, you will make the police rate liable for any deficiency. This scheme will entail a lot of intricate book-keeping, but I think we had better give a trial to the arrangement proposed.

(11.8.)

We went carefully into this matter in Committee, and I must say that this suggestion did not meet with any support.

I may explain that there were originally sub-sections giving the police an interest in certain convictions. I thought that a vicious principle and one altogether undesirable to be introduced into the Bill. I can see no objection to these small contributions going into the Police Fund, which, I think is their proper destination; and I hope the compromise, which I think was a fair one, will be accepted by the Committee.

Question put, and agreed to.

Clause 16 agreed to.

Clause 17.

(11.9.)

In this clause I desire to substitute in line 2, page 11, the words "two months" for "thirty days." My reason is that the County Council Authorities in Scotland do not, in consequence of the great distance, find London easily accessible, and, in the event of this scheme for the distribution of the grant not proving acceptable to them, 30 days would scarcely be sufficient to enable them to make the necessary representations against it.

Amendment proposed, in Clause 7, page 11, line 2, to leave out, "thirty days," and insert "two months."—( Mr. Caldwell.)

Question proposed, "That the words proposed to be left out stand part of the Clause."

(11.10.)

This may seem a trifling matter, but it is very important—Scotch County Councils should have an opportunity of considering the scheme.

(11.11.)

The subject of regulations providing for these and other schemes is a somewhat complicated one, and is governed by such a consideration, among others, as the period at which Parliament sits. In order to preserve uniformity of system the period of 30 days was introduced, but, personally, I have no strong feeling on the subject.

(11.12.)

I think it is very desirable the period should be extended in view of the fact that there is sometimes a fortnight's vacation at Whitsuntide or Easter.

Very well, for the present I will accept the term of two months, on the understanding that if I find, on inquiry, it is inconvenient, we shall revert to the former proposal.

Question put, and negatived.

Clause 17, as amended, agreed to.

Clause 18 agreed to.

Clause 19.

(11.15.)

I think that if the Amendment I have to move on this clause is carried, it will remove the only possible ground of attack against the Bill. I believe that under the scheme, there will be no liability on the Police Fund for many years, but, if it should arise, it ought to be removed, and the acceptance of this Amendment will get rid of any difficulty which may be felt in regard to it.

Amendment proposed, in page 12, line 29, "to leave out Sub-section (1)."— ( Mr. Parker Smith.)

Question proposed, "That Sub-section (1) stand part of the Clause."

(11.16.)

I agree with my hon. Friend opposite that what took place in the Select Committee has practically established what I ventured to assure the House on the Second Reading—namely, that there will be no burden cast on the rates in the ordinary case until a period which may be roughly represented as about 30 years. I believe hon. and right hon. Gentlemen who sat on the Committee were on the whole satisfied that that is the case. At the same time, one has to deal with a problem which is not a matter of absolute certainty. We have to take into account the fact that the actuarial calculations upon which we all relied, are liable to the fluctuations and incidents of the number of funds which have to be dealt with. I am aware that some hon. and right hon. Gentlemen think that those difficulties might have been avoided if we had a central fund. It is conceivable that even the best actuarial calculation may prove to be fallacious. I put it to the Committee whether it is wise to infuse any doubt as to the sufficiency of the rights conferred on the constables. I do not think it would be a satisfactory or business-like way of dealing with a case of this kind, if we were to set up a fund, and say that that is all we have to go upon, and that nobody shall be liable beyond it. I hope the Committee will not look upon this question as one of more than theoretical interest. I am satisfied that Members of the Select Committee and Members of the House are convinced that to throw the ulimate liability on the rates is not to indicate the slightest doubt as to the solid ground we are upon.

*(11.18.)

On the whole, although not without doubt, I think it would be well to adopt the Motion of my hon. Friend. In point of fact, the Police Fund, as a whole, will always be solvent, and this Mr. Finlaison fully admitted, especially after the changes made in the Schedule. It is therefore useless to give it an additional security, which would be misunderstood, and may have the effect of interfering with strict economical management. I hope the Government will yield this point to the general feeling of Scotch Members.

(11.22.)

I think it would be in the interest of those who will receive the benefit that an assurance should be given to the constituencies in Scotland that there will be no local rate for this purpose. This is a most important clause. On the general principle of the Bill I have hitherto supported the Government, but I have always con- tended that, before imposing any burden on the rates, the ratepayers ought to be consulted. The sum offered by the Government for the superannuation of the police should be devoted to that purpose, bat we ought not to impart any degree of uncertainty into the matter. The people of Scotland should understand that the Government cannot deprive them of this source of revenue, without providing another source. The Lord Advocate has assured us that there is no fear of losing the source from which the money is supplied, and the right hon. Gentleman, one of the Members for Edinburgh, has intimated that, with economical management, the fund will suffice. With such opinions in his favour, I hope my hon. Friend the Member for Partick will press his Amendment. I hope the Government will see that there is no danger in giving way on this point, and that they will accept the Amendment.

*(11.25.)

The hon. Member seems very tender hearted towards the ratepayers on a theoretical point, but he nevertheless allowed himself to be led on another occasion by the right hon. Gentleman the Member for Stirling Burghs, who speaks about "the naked brutality of the relief of the rates."

(11.26.)

In the Committee the retention of the clause was decided by the casting vote of the Lord Advocate. I certainly object to throwing the ultimate liability on the ratepayers. There will be constant pressure put upon the Local Authorities to make the conditions of pensions less hard, and if they have the fathomless depths of the ratepayers' pockets behind them, the Local Authorities may be tempted to yield to that pressure. Besides, it should be remembered that these authorities are often very much under the control of the head police officers. It was proved before the Committee that it was almost impossible that the sum of £40,000 to be granted by the Government will be exceeded, and that constitutes another reason why they should accept this Amendment. If the Government had only contributed to the Pension Fund in the same proportion as the most liberal railway companies contribute to their employés' funds, the grant would not have exceeded £20,000 annually, whereas it is to be double that amount; therefore they are treating the police most liberally in this matter. The difficulty of those of us who have been supporting the Government in that matter is that, if this Amendment is not accepted, we shall be unable to justify these proposals to our constituents, who will see that the police are being dealt with with enormous liberality, and who will not be satisfied unless they are assured that not a single penny of the charge will fall on the rates. I hope the Government will not persist in the course they have adopted, but will allow the Amendment to be adopted.

(11.30.) The Committee divided:— Ayes 136; Noes 77.—(Div. List, No. 236.)

Clause agreed to.

Clauses 20 and 21 agreed to.

Clause 23.

(11.40.)

I beg to move an Amendment to this clause. Clause 23, page 14, line 12, leave out the words "or part." The object of this Amendment is to prevent the Local Authority from returning to the constables some indefinite and undetermined portion of their contributions. I cannot see the necessity for introducing such an element of doubt and ambiguity. I hope, therefore, my Amendment will be accepted.

*

This question is one that was very fully discussed on a former occasion, and, for my own part, I should be disposed to give the Local Authorities a certain amount of latitude in this matter.

I think that, seeing how vague and ambiguous is the proposal as it stands in this Bill, the Government might consent to the omission of these words.

(11.42.)

As has just been stated, this matter has already been carefully considered by the Committee, and I may remind hon. Members that as the Bill originally stood, it merely enabled the Local Authority to return these contributions by using the word "may," but the Committee still further strengthened the clause by inserting the word "shall," so as to enforce the provision. It was thought that having in that way strengthened the right of the constable the object of this part of the clause was sufficiently guarded.

Motion made, and Question, "That the words 'or part' stand part of the Clause," put, and agreed to.

Other Amendments made.

Bill reported.

(12.5.)

Motion made, and Question proposed, "That this Bill be now considered."— ( The Lord Advocate.)

One or two of us who did not press our Amendments in Committee have a few words to say on the Third Reading, and we object to the Third Reading being taken now.

Question put, and agreed to.

Bill reported; as amended, considered; to be read the third time to-morrow.

Local Taxation (Customs And Excise) Duties Bill—(No 404)

Order for Third Reading read.

*(12.7.)

THE PRESIDENT OF THE LOCAL GOVERNMENT BOARD
(Mr. RITCHIE, Tower Hamlets, St. George's)

This being a Money Bill, I hope the House will permit some verbal Amendments to be made. I think it will be of advantage.

Several verbal Amendments made.

(12.12.)

Motion made, and Question proposed, "That the Bill be now read the third time."—( Mr. Ritchie.)

I do not rise for the purpose of opposing the Third Reading, but with the object of pointing out the position taken up by the Government on the occasion of the Second Reading. The right hon. Gentleman the President of the Local Government Board (Mr. Ritchie) then pointed out that if the licensing clauses were dropped the whole Bill would go.

*

I beg the hon. Member's pardon. It may save him some trouble if I deny having made such an assertion. What I said was that if any Amendments were adopted which would alter the character of the Bill the measure would be dropped.

(12.13.)

The right hon. Gentleman said on the Second Reading—

"Unquestionably if the hon. Member for Barrow is successful in his onslaught the whole Bill will have to go, and none of the powers, which I think are universally approved, will go into the hands of the Local Authorities."
The right hon. Gentleman also made other observations to the same effect, and I think that it is perfectly obvious that the Second Reading of the Bill was carried on the pledge of the Government that in the event of the licensing clauses being defeated the whole Bill would go. I think that is the plain interpretation of the right hon. Gentleman's words. Well, the licensing clauses have gone, the Government having practically been defeated by Mr. Caine. The whole object of putting on the additional taxes was to provide funds for the compensation of publicans, and the balance was distributed for other purposes. I venture to say that the Government, having got the money and brought forward the Bill for an express purpose, it is a breach of faith with the House and the country to proceed with the measure when they declare that in the event of the compensation clauses being dropped the whole Bill will go.

No declaration of the kind was ever made. It was said that if the Motion of the hon. Member for Barrow on the Second Reading was carried the whole Bill would go; but the two matters are entirely different.

I have read the words of the right hon. Gentleman the President of the Local Government Board, and the public can form their own opinion. As to the education question, the Government were very anxious on the clauses dealing with the Scotch portion of the money that it should only be applied for the purpose of freeing education in the compulsory standards, but it has been pointed out that in the great majority of schools—in all but 98— the school fees are abolished in all the compulsory standards already, and that the grant under the Bill will go for the purpose of relieving education in subjects above the compulsory standards. The point I wish to emphasise is that the position taken up by the Government in respect of free education in Scotland will bind them when they come to deal next year with the same question in England, and will compel them to free education, not only in the compulsory standards, but in all the schools.

*(12.19.)

Before this Bill is read a third time I desire, in a very few words, to make an appeal to the Lord Advocate with respect to that part of Clause 2 which limits the application of the £40,000 to relief from the payment of school fees in the compulsory standards in Scotland. The Lord Advocate has undertaken that the money will be distributed among the State-aided schools, in the same way as was done with the grant of last year; and we, of course, know that the right hon. Gentleman will do everything he possibly can to fulfil that (undertaking. But the point to which I wish to direct the attention of the right hon. and learned Gentleman, before it is too late, is whether it would be possible, under the Bill as it stands, for the Education Department to fulfil the undertaking which he has given. The clause in question is divisible into two parts. The first relates to the application of the money, and the second to its distribution. Under the first part it is expressly enacted that the money shall be applied in relief from the payment of fees in the compulsory standards. Under the latter part the Education Department merely have power to regulate the manner in which the money is to be distributed among the schools. The serious difficulty which seems to me to arise is that the Scotch Education Department, who are to exercise the function of distributing the money by Minute among the State-aided schools, will have no power to give a share to those schools in which, prior to this Act, the fees have been abolished in the compulsory standards. I will illustrate the difficulty by taking a particular case. Take the case of a school in which the grant of last year was sufficient to cover all fees in the compulsory standards, which were therefore abolished, and in which the grant, under the present Bill, will be sufficient to cover the fees in the standards other than the compulsory standards. Now, I understand that it is the intention of the Government that the schools in that position are to receive a share of this grant. Well, it seems to me that two difficulties will be encountered. The Education Department has to pass a Minute. They have got to distribute the grant among the schools. I should think their first duty would be to see how, under the Act, the grant is to be applied, in order to discover what schools are to participate in it. By the Bill, as it stands at present, the grant, when it is given to an individual school, must be applied in relief of the payment of fees in the compulsory standards, and if the Scotch Education Department find that a certain number of schools, prior to the passing of this Act, have no fees in the compulsory standards, and could only apply the money, therefore, in relief of fees in the non-compulsory standards, they will be driven to the conclusion that these schools cannot participate in the grant. Then, what can the School Boards do with the money if it is given to them? They must look to the Act to see what they have to do with it when they get it. The Act says it shall be applied in relief of school fees in the compulsory standards. How are the Boards to administer it, when fees have been already abolished in the compulsory standards? They cannot apply it in relief of fees which have been already abolished, and under the Bill they cannot apply it in relief of fees in the non-compulsory standards. Are they to go through the fiction of re-imposing fees in the compulsory standards for the mere purpose of remitting them? It is a serious misfortune that the sum of £40,000 has not been increased to £90,000, but it would be a matter that every one would lament if by any possibility, through the retention of unnecessary words in the section, the intention of both sides of the House were to be frustrated as to the division of the £40,000 amongst all the State-aided schools in Scotland, on the principle of the Capitation Grant. My reason for interposing at this stage is that, after carefully considering the matter and forming the best opinion on it I can, I am convinced that difficulties of the most serious character will arise in the administration of this grant if the words limiting its application to the compulsory standards are retained in the clause. I hope the right hon. and learned Gentleman will still see his way, either by re-commitment or in the other House, to clear the Bill of the ambiguity which the presence of these words involves.

(12.26.)

I have listened to the hon. and learned Gentleman's observations with very great surprise. I have not observed that the hon. and learned Gentleman has been present during recent Debates, and I conclude from his speech that he has not heard or read any Report of our proceedings, because the very question which has caused him so much wonder and anxiety has been discussed over and over again in this House, in Committee, and on the Report stage; and every point which has preyed on the hon. and learned Gentleman's mind, and from which he desires relief, has been pressed on the attention of the House and the Committee by hon. and right hon. Gentleman sitting on the same Bench as himself. The hon. and learned Gentleman will forgive me, therefore, for not entering into detail on the matter. The long statement he has given us, with admirable lucidity, has been made in various forms during the hon. and learned Gentleman's absence, and if he has not been supplied with an answer to that statement, I would venture to refer him to any Report of the Debates, where he will find full corroboration of his own views from Gentlemen sitting on his own side, and an ample answer, if not refutation, of them from mine.

*(12.29.)

The right hon. and learned Gentleman has simply repeated his conduct on the first occasion when this matter was brought forward. There were then two quite different and distinct Amendments before the House, one to in- crease the sum of £40,000 to £90,000, and the other to provide that, if the sum remained £40,000, it should be applied without restriction. The right hon. Gentleman, instead of dealing with this latter Amendment, confused the two, alleging that the second was a mere repetition of the first, and, therefore, required no answer. In consequence, I raised the question again on the Report, and then the right hon. Gentleman was discreet enough to hold his tongue. If my hon. Friend should search the Debates for any answer from the Lord Advocate he will find none. The Solicitor General spoke for the Government, and all he said was that, practically, the £40,000 could be applied at the discretion of the School Boards, so that I had not succeeded in showing what harm these words would do in the Bill. I think a case has now been made out as to the harm they will do, namely, that they will, at the very least, create a legal ambiguity. I regard it as most unsatisfactory that the Chief Law Officer of the Crown in Scotland should have slurred this question over without an answer.

(12.30.)

I do not exactly agree with my hon. Friend the Member for Glasgow (Mr. Caldwell) in thinking the Government were bound, when the licensing clauses were done away with, to withdraw the Bill altogether. I do not think they could help themselves. Having provided for the raising of the money, they were bound to do something with it. I regard the Bill as one of great importance, which should not pass to another place without a word of recognition from us. It is, no doubt, the great Bill of the Session, and it is the Bill which makes this Session memorable. We spent 25 nights over it, and I believe the country does not think we spent too long a time. 406 Bills have been before the House this Session, and I think this one has excited more interest in the country than all the other 405 put together. It seems to me that the system of giving to Local Bodies large sums of money raised by local taxation is a very bad system. I am sorry to see it seems to be becoming popular, because I am sure it will lead to a great deal of evil and corruption in our local affairs. The Bill, however, might have been a great deal worse. What we feared when we fought it was that it would have led to the strengthening and the consolidation of the great drink interest throughout the country. Now the money is to be spent on a very good purpose, namely, the promoting of the education of the people. Some of it is to be used for police purposes. That is a very good thing too, because we all know the police would be hardly necessary in this country if it was not for the expenditure on drink. On the whole, we have a good deal to be thankful for, and can part with the Bill in pretty good humour. I shall always remember it with interest because it is the first Bill ever brought in by a responsible Government which has been based avowedly on the principle of trying to make people sober by act of Parliament, and reducing intemperance by diminishing the temptations to drink. I cannot help shedding a tear over the suspensory clause. The Government appear to be like game-preservers. They bring up the game, and when they have arrived at maturity, they shoot them. I hope, however, the Government will not be discouraged from pursuing the course they announced when they brought in the Bill. I have read of wild talk about there being no more legislation of the kind for the next 20 years, and about the foolish action of the Prohibition Party. When I see that, I always remember the words of Mr. Disraeli, who once said:—"Never take the words of your opponents." I hope the Government will not say that, because they cannot get a certain amount of money to strengthen and endow the liquour trade, they will never do anything more for temperance. They have declared plainly in this House that there are far too many liquor shops, and I think they ought to do something to get rid of them. Although we had to fight against this Bill, I can assure them the Prohibition Party are ready and anxious to assist them in any attempt in that direction, and I am sure that in such an endeavour they will have the support of the great majority of this House, and the immense majority of the people.

(12.37.) Question put, and agreed to.

Bill read the third time, and passed.

Indian Councils Bill Lords (No 197)

Order for Second Reading read, and discharged.

Bill withdrawn.

Partnership Bill Lords (No 373)

Considered in Committee, and reported, with Amendment; as amended, considered; read the third time, and passed, with Amendments.

Expiring Laws Continuance Bill—(No 403)

Read a second time, and committed for this day.

Youthful Offenders Bill Lords—(No 349)

Order for Second Reading read, and discharged.

Bill withdrawn.

Statute Law Revision (No 2) Bill Lords—(No 405)

The Select Committee on the Statute Law Revision (No. 2) Bill [Lords] was nominated of,—Mr. Ambrose, Mr. Asquith, Mr. Bryce, Mr. Coghill, Mr. Elton, Mr. Howell, Mr. Knox. Mr. Solicitor General, and Mr. Whitley.

Ordered, That Three be the quorum.—( Mr. Solicitor General.)

General Police And Improvement (Scotland) Act (1862) Amendment Bill—(No 181)

Bill considered in Committee.

(In the Committee.)

Clause 1.

Amendment proposed, in page 1, line 20, to leave out the word "ten," and insert the word "twenty."—( Mr. Caldwell.)

Question proposed, "That the word 'ten' stand part of the Clause."

I do not know whether this has been agreed to by the Lord Advocate; if not, I must ask that Progress be reported.

I think it has been agreed to by the Lord Advocate. The Amendment is to allow the owners to have some larger percentage than the Bill provides.

Committee report Progress; to sit again to-morrow.

Fire Brigades (Exemption From Jury Service) Bill—(No 273)

Order for Second Reading, this day, read, and discharged.

Bill withdrawn.

House adjourned at five minutes before One o'clock.