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Commons Chamber

Volume 355: debated on Monday 6 July 1891

House of Commons

Monday, July 6, 1891

Questions

Questions

The Indian Troopship Squadron

I beg to ask the First Lord of the Admiralty whether there is any foundation for the statement which appeared in the Times of the 19th June—

"That the Admiralty contemplated handing over the management of the Indian Troopship Squadron to the Orient Steam Shipping Company;"

if so, will he state the terms of the arrangement; whether he is aware that these vessels occupy (upon an average) 30 days on the outward passage to Bombay, being 10 days longer than that of merchant passenger steamers, besides consuming more fuel per day than similar modern merchantmen; and whether it is intended that these ships shall be fitted with more powerful and economical machinery?

In reply to the question of the hon. Member, I have to say that there is no truth in the statement.

Mr. E. D. Young, R.N

I beg to ask the First Lord of the Admiralty whether his attention has been called to a letter which appeared in the Army and Navy Gazette of the 30th May, recounting the services of Mr. E. D. Young, R. N., in African exploration, in connection with the late Dr. Livingstone; whether it is a fact that this officer will very shortly be retired, in the ordinary course, from the post he has held since 1877, as Inspecting Officer of Coastguard at Dungeness, when he will have no rank but that of a gunner in the Royal Navy; and whether he will consider the question of promoting Mr. Young, so that he may be retired as a Lieutenant, and so receive the equivalent retiring allowance?

Mr. Young has been retired from the Coastguard on account of age, and as his services as a divisional officer do not qualify him under the Regulations in force for receiving commissioned rank on retirement, the Admiralty propose to specially memorialise the Queen in Council to confer upon him the honorary rank of Lieutenant. This honorary rank will not, however, carry with it any increase of pension. Mr. Young has been granted the full pension to which he is entitled as a gunner in the Navy, and this is the utmost the Admiralty have it in their power to give; but as Mr. Young has undoubtedly performed meritorious services in connection with certain exploration expeditions in Africa, I am in communication with other Departments with the view of ascertaining whether any special recognition of these services is possible.

The Shenstone School

I beg to ask the Vice President of the Committee of Council on Education whether his attention has been called to the evidence given in the inquest on the body of James Harry Russell, aged eight years and nine months, in which it was stated that the lad had been hit about the head with a strap and a stick by the schoolmaster of the Shenstone School, near Lichfield; and whether it is the intention of the Education Department to take any action in reference to this matter?

Subsequent to the verdict of the jury, the evidence in the case was submitted to the Director of Public Prosecutions, and I have authority for stating that it did not appear, upon a consideration of the medical testimony, that there was sufficient to justify criminal proceedings against the schoolmaster. In these circumstances, the hon. Member will see the difficulty in the way of the Department taking any action in the matter?

* : May I ask what remedy the parents have against gross abuses of this character, when the school managers refuse to take action in the matter, and still continue to retain this man as head master? Is the right hon. Gentleman aware that the parents are sending their children to a school three miles off in order to avoid Shenstone?

No, Sir; I am not aware of the extraneous circumstances mentioned by the hon. Gentleman. If the hon. Gentleman desires further information, and will give notice, I will make inquiry.

Severe Sentences on Juvenile Offenders

I beg to ask the Secretary of State for the Home Department whether his attention has been called to the sentence passed by the Pershore Magistrates on three lads, of 12, 13, and 14, for a first offence of larceny, of 10 days in Worcester Gaol, to be followed by four to five years in a reformatory; whether he has noticed, in particular, the evidence of Police Superintendent Moore, who owned that "he listened outside the cell" to the conversation between the boys immediately their legal adviser had visited them; further, that he endeavoured to influence the Magistrates at the close of the evidence, by stating that "he was afraid this was not the only robbery they had been connected with," but without producing, or offering to produce, one tittle of evidence in support of such statement; and what action he proposes to take with reference to this case?

I beg also to ask the Secretary of State for the Home Department whether he will make inquiries as to the case of three boys, William Hall, aged 14, Ernest Hall, aged 12, and Ernest Latty, aged 13, the sons of respectable tradesmen of Pershore, who were, on 16th June, sentenced by the Pershore Bench to 10 days' imprisonment, and afterwards to be removed to a reformatory for four and five years respectively, for having stolen 16s. 6d. from a shop, William Hall and Latty pleading "not guilty," and Ernest Hall pleading "guilty;" whether, in each case, it was the first offence; whether his attention has been drawn to the fact that there was only the slightest evidence given of William Hall having been, after the theft, indirectly connected with it, and no evidence whatever against Latty, and that it appears from the report in the local papers that upon the conclusion of the evidence for the defence, and before the Magistrates had retired to consider their decision, or had expressed any opinion on the case, the Magistrate's clerk said it was the intention of the Magistrates to send the boys to a reformatory, and then expressed his opinion as to their guilt; whether he is aware that the parents of the boys are not in a position to afford to appeal against the sentences; whether he is aware that great dissatisfaction exists among the tradesmen and inhabitants of Pershore as to the manner in which justice is administered on the Pershore Bench; and whether he will cause a thorough inquiry to be made into the cases of the three boys with a view of remitting, as to some or all of them, the sentences passed upon them?

I learn from a newspaper report that a police-sergeant overheard the boys, who were in separate cells, shouting to each other, and that he heard the conversation from the door of his room. This same police-officer also stated the result of his inquiries as to the characters of the boys in Court. The boys had not been previously convicted, but I am informed by the Justices that it appeared, from inquiries made by the police while the boys were under remand, that all three of them had been discovered perpetrating acts of theft on several previous occasions, and the artful character of the present robbery showed that the boys were not novices in crime. The evidence conclusively proved, in the opinion of the Justices, that all three defendants were guilty, Latty and Ernest Hall as principals, and William Hall as an accessory. The clerk to the Justices expressed no opinion as to the guilt of the boys, but after the Justices had jointly expressed their opinion he was directed by them to inform the parents, and to invite them to say anything they wished in behalf of the boys. I am not aware whether or no the parents are in a position to appeal, but both they and the boys expressed their desire that the case should be dealt with summarily. The father of the boys Hall expresses himself as quite in accord with the conviction and sentence, and believes it to be the best that could be done for the boys. The allegation that there is any dissatisfaction in Pershore, with the manner in which justice is administered is emphatically denied; and I am informed that there is a unanimous opinion, especially among the tradesmen who have been pilfered, that the boys were properly dealt with, and that there was no alternative but to send them to a reformatory. The circumstances as reported to me do not disclose any reasons for advising interference with the sentences.

Was there any evidence of any description against the boy Latty? Was there any evidence given by the police as to the result of their inquiry?

Esquimalt Harbour

I beg to ask the First Lord of the Admiralty whether compensation has been paid by the Admiralty to the owner of a foreign vessel in consequence of the British Admiral forcibly removing such vessel in Esquimalt Harbour last year to make room for a British man of war; what were the circumstances of the case; and whether the powers and authority of a British Admiral in command of Her Majesty's ships are, as regards such matters, in any way more restricted in Esquimalt Harbour than in the Naval ports of the United Kingdom; and, if so, by what circumstances, and for what reasons?

The sum of £82 4s. 5d. was paid to the owners of the J. H. Hustede through the Canadian Government. Admiral Heneage having caused the vessel in question to be removed outside the usual man-of-war anchorage, it was subsequently discovered that the Commander-in-Chief had not the control he ought to have over the man-of-war anchorage in Constance Cove. The Admiralty have now obtained from the Dominion Government the necessary legal powers to reserve the anchorage for the use of Her Majesty's ships.

Crete

I beg to ask the Under Secretary of State for Foreign Affairs whether he can give the House any recent information as to the condition of the Island of Crete; and, if not, when he is likely to be able to do so?

The most recent Reports of the condition of Crete show that there are no insurrectionary bands on the Island, and that nearly all the outlaws who had landed in the Island from Greece have returned to that country. I regret to say that murders are still of frequent occurrence, the perpetrators being sometimes Mussulmans and at others Christians. When murders are committed, owing to the difficulty in discovering the murderers, a number of individuals, who think they may be suspected and imprisoned, take to the mountains, until an inquiry has proved their innocence, or they find an opportunity of leaving the Island to avoid punishment. These individuals are a source of danger to the tranquillity of the country. Murders have lately been committed by soldiers and gendarmes, and owing to the great conflict of testimony it is generally difficult to determine what amount of provocation, if any, they may have received. Further Papers will be prepared.

Sale of Newspapers on Sunday

I beg to ask the Secretary of State for the Home Department whether he is aware that last Tuesday week, at Bristol, at the County Sessions, Lydia Harvey, a widow, was summoned under the Statute of Charles II., at the instance of the Horfield Local Board, for selling newspapers on Sunday, and was fined 2s. 6d.; whether the prosecution was instituted in compliance with the provisions of the 34 & 35 Vic., c. 87; and, if so, what chief officer of police or Justices of the Peace gave the necessary consent in writing; whether it falls within the powers of a Local Board to initiate or suggest such a prosecution; and whether, as the Act of Charles II., so far as it relates to the sale of newspapers, has by universal custom become obsolete, he will direct that the fine be remitted?

I am informed by the Local Board that the information was laid by the superintendent of police in consequence of the complaints of the Local Board, and in compliance with the provisions of 34 & 35 Vic., c. 87, the consent in writing being given by two Justices of the Peace. I am not aware of any reason why a Local Board should not call the attention of the Police Authorities to any alleged infraction of the law. I feel, as the Magistrates appear to have felt, that, although I regret this prosecution and its result, I should go beyond my duty if I were practically to declare that the provisions of the Act in question are to have no effect, especially where a Local Representative Body and Local Magistrates have supported their application.

May I ask the First Lord of the Treasury whether the Government will include this Act of Charles II. in the Schedule of Acts to be repealed by the Statute Law Revision Bill?

* : It is not for me to answer. It is the duty of the Statute Law Revision Committee to examine the Statutes and ascertain which of them are perfectly obsolete.

The Wimbledon Review

I beg to ask the Secretary of State for War whether arrangements will be made for Members of Parliament and their wives to witness the Military Review which is to he held in honour of the German Emperor on Wimbledon Common on the 11th instant; and whether any provision will be made for the public upon the occasion?

The space on the stand will be exceedingly small; but a certain number of seats will be reserved for Members of the House and their wives, and tickets will be sent to the Speaker, who will distribute them. A certain number of tickets will also be reserved for sale to the public.

The Vienna Postal Union Convention

I beg to ask the Postmaster General whether he is now in a position to state briefly the concessions gained to the public, and the reforms instituted, at the Vienna Postal Union Convention?

* : The British Delegates at the Vienna Postal Congress are now on their way home, and I expect to receive their Report in the course of next week. I shall be very glad to give the House full information on the subject as soon as I am in a position to do so.

Expulsion from Denmark of Mr. Paternoster

I beg to ask the Under Secretary of State for Foreign Affairs on what grounds Mr. Arthur Paternoster, a British subject, was expelled from Denmark on June 27th last; why before expulsion he was not allowed to lay his case before the British Consul; and what action the Foreign Office propose to take in the matter?

The individual named is reported by Her Majesty's Minister to have been arrested and expelled from Denmark under the provisions of Section 13 of the Danish Law relative to foreigners and travellers of May 15, 1875; he has also been served with an injunction prohibiting him from re-entering Danish territory. Mr. Macdonell states that the law in question is sufficiently clear, and that the case had not been brought to his notice by the Seamen's Union, which this person had organised in Denmark, or by anyone else. As the proceedings taken are reported to have been in accordance with the law of the country, Her Majesty's Government do not propose to take any action in regard to them.

I wish to ask, just for the sake of that obsolete thing, British honour, whether the right hon. Gentleman knows that Mr. Paternoster was detained by the Danish authorities for five days without trial?

Corwen

I beg to ask the President of the Local Government Board whether he is aware that, in view of the sanitary defects of the town of Corwen, and in deference to the view of the majority of the inhabitants, the County Council of Merioneth on the 6th of August, 1890, after full local inquiry, unanimously ordered the conversion of the township of Corwen into an urban district, but that the Local Government Board, in refusing to sanction the Order of the County Council, pointed out to the Rural Sanitary Authority its persistent neglect of the recommendations contained in the Report of Dr. Parsons, an officer of the Local Government Board, upon the state of the town in 1882; whether anything has yet been done to remedy the sanitary defects, and to divert the brook as pointed out by the Inspectors; whether he is aware that typhoid fever recently attacked the inmates of the workhouse situate in the centre of the town, that there was recently an outbreak of measles, and that scarlet fever is now prevalent in the town; that the Rural Sanitary Authority declined to adopt the Infectious Diseases Notification Act, though pressed by their medical officer to do so; and that at a meeting of this authority on 19th June, 1891, the Inspector of the Local Government Board reported that there were as dirty and crowded places in Corwen as he had seen anywhere; and whether the Local Government Board will forthwith confirm the Order of the County Council directing the formation of a Local Board of Health for Corwen?

* : An Order was made by the County Council of Merioneth constituting the township of Corwen an urban sanitary district. This Order was appealed against, and in consequence an inquiry was held by an Inspector of the Local Government Board. The district which it was proposed to constitute has a population of less than 1,300 persons, and an annual rateable value under £3,500. The Local Government Board were clearly of opinion, under the circumstances, that the most satisfactory arrangement with regard to the district would be that the Rural Sanitary Authority should energetically exercise the powers which they possess rather than that a new authority should be set up. The Inspector of the district consequently had an interview with the authority, and I have since been informed that an important sewer has been constructed, and that connections are now nearly or quite completed; a branch sewer is about to be commenced, and the Directors of the Water Company are on the point of constructing a new reservoir. Nothing has as yet been done as to the brook, and the question whether the work should be undertaken at the expense of the rates, instead of at the cost of those primarily benefited by it, is one on which there is some difference of opinion. As regards typhoid fever, a single case appeared at the workhouse, and the disease did not spread. I am also informed that there have been a few cases of scarlet fever, but no important outbreak. The Sanitary Authority have not adopted the Infectious Diseases Notification Act. The Inspector of the Board attended a recent meeting, and directed the attention of the authority to a dirty locality in Corwen, but found that the Sanitary Authority were already taking steps to construct a branch sewer for the purpose of improving the place. It would be only under very exceptional circumstances that the Board would be prepared to assent to the constitution as a Local Board district of a district with only 1,300 inhabitants, and at present it is not my intention to confirm the Order unless the Rural Sanitary Authority show that they are not prepared to discharge their duty.

Pleuro-Pneumonia

I beg to ask the President of the Board of Agriculture whether his attention has been directed to the prosecution of Thomas Sumner, at the Wigan County Police Court, about a fortnight ago, for failure to report a case of pleuropneumonia, when the penalty inflicted was a fine of 20s. and costs; and whether, in view of the large sums now being spent in trying to eradicate the disease, he will consider what steps, if any, can be taken to deter owners from concealing outbreaks of disease?

Yes, Sir; my attention has been called to the case of Thomas Sumner in the Wigan County Police Court, and the facts are as stated in the question. So long as pleuropneumonia is concealed it adds greatly to the difficulty of attaining satisfactory results from the large sums now being expended in the endeavour to stamp it out. I hope that in future, when the offence is proved, Magistrates may support the Board more effectively than they have done in this case; otherwise the Board will probably be compelled to exercise their powers of withholding compensation, either partially or wholly, for animals slaughtered by their orders in cases where the owners have been guilty of an offence against the Act.

Italy and Great Britain

I beg to ask the Under Secretary of State for Foreign Affairs whether, from the official statement that there is an existing understanding between this country and Italy, he will inform the House what is the precise nature of this existing understanding and to what Foreign Governments it has been communicated?

The "understanding" referred to is the cause of the communications which have been frequently mentioned as expressing the common object of maintaining the status quo in the Mediterranean, a principle which Her Majesty's Government, by declaring in Parliament, have publicly avowed.

Voluntary Schools

I beg to ask the Vice President of the Committee of Council on Education whether, when voluntary schools to which building grants have been made have been closed, and the school premises sold with the consent of the Education Department, the building grants or any part thereof have been repaid to the Treasury?

It is the practice of the Department not to advise the Home Secretary to give his consent to any sale without requiring that such proportion of the proceeds of the sale shall be repaid as the grant bore to the original cost of the buildings, or that the money be placed in the hands of the Charity Commissioners to be dealt with as nearly as possible within the terms of the trust for educational purposes.

The Case of S. W. Cloete

I beg to ask the Secretary of State for the Home Department if he has observed the proceedings in the Central Criminal Court in the case of S. W. Cloete, who was charged with obtaining £16,000 by false pretences in connection with company promoting; that, after a long and careful inquiry, the accused was committed for trial, but the parties have now come to terms, it being stated in Court by the Counsel for the parties that

"The friends of the accused had undertaken to follow a course which would recompense Mrs. Page to some extent for her losses,"

and that

"Everything would be done to make full amends to Mrs. Page,"

upon which the prosecution was withdrawn; and whether, in the public interest, the Public Prosecutor takes any part in such cases where, under the English system of private prosecution, the Criminal Law is used till cases are compounded and the prosecutions are then withdrawn?

Yes, Sir; my attention has been called to this matter. I understand that, as there were serious legal difficulties in the way of establishing a criminal offence against the accused, application was made to the Court for leave to withdraw from the prosecution, and that the learned Recorder stated in Court that, having read the depositions, he concurred in the application. I also gather from a newspaper report that it was said that everything would be done to recompense the prosecutrix for the losses she had sustained. The Public Prosecutor had declined to conduct the prosecution. The regulations under which the Public Prosecutor acts enable him to intervene and take up prosecutions before a Justice or Police Court which are improperly withdrawn. He does not intervene where a Superior Court sanctions the withdrawal.

I beg to give notice that I will call attention to the utter futility of the so-called system of Public Prosecution.

Imprisonment at Valparaiso

I beg to ask the Under Secretary of State for Foreign Affairs whether the attention of Her Majesty's Government has been directed to the reported imprisonment of a clerk at the British Consulate at Valparaiso, by order of President Balmaceda, on the charge of complicity in the attempted escape of the torpedo launch Guale; and whether, in the event of this report proving correct, they will take measures to procure his release?

At present we have received no information on this subject, and it must be presumed that Her Majesty's Minister at Santiago has not found it necessary to refer the matter to Her Majesty's Government. But he has been requested by telegraph to report.

Life Assurance Companies

I beg to ask the President of the Board of Trade when the accounts of the Life Assurance Companies deposited with the Board of Trade, under "The Life Assurance Companies Act, 1870," for the year ending 31st December, 1890, will be published; and whether, considering that the corresponding volume last year was not published before the end of April, greater expedition in the publication of these volumes would be obtained?

* : The Return referred to by the hon. Member will be presented next week. The delay has arisen mainly through the death of the actuary, but the Return will be presented earlier next year.

Mr. De Cobain

I beg to ask the First Lord of the Treasury if he can state how the case of the Member for East Belfast now stands; and whether any Motion affecting Mr. de Cobain will be made during the present Session; and, if so, when?

* : I have stated that in the view of the Government it was necessary to take all possible precautions, so that none of the privileges of hon. Members should be prejudiced. Information, however, has been obtained relating to this case, which will be laid on the Table of the House by the Attorney General for Ireland. On Monday next I propose to move that Mr. de Cobain be ordered to attend in his place on Thursday, July 23.

Emigration from Scotland

I beg to ask the First Lord of the Treasury whether, having regard to the fact that the Government have signified their willingness to advance £150,000 to the Government of British Columbia to promote emigration from the Highlands of Scotland, on the ground that it is one of the recommendations of the Select Committee on Colonisation, they propose to give a like or any other sum for the purpose of promoting migration in the Highlands, which proposal is also a recommendation of the same Committee; and, if not, on what principle they distinguish between the various recommendations of the Committee?

* : I would point out to the hon. Member that the Colonisation Committee only suggested migration "where suitable," and they did not recommend that any action should be taken by Her Majesty's Government for this purpose. On the contrary, they stated that they were "unable to recommend any large scheme of migration," and the general tenour of their Report is not such as to encourage any experiment of the kind being undertaken by the Government. In these circumstances, the Government would not feel justified in asking Parliament to vote any money for this purpose.

When will the Bill dealing with this matter, which the Chancellor of the Exchequer referred to the other day, be brought on?

The Wimbledon Volunteer Review

I beg to ask the First Lord of the Treasury whether, having regard to the appeal made by the Secretary of State for War to the public spirit of employers to allow Volunteers under them absence for the whole day on Saturday next, the Government intend to set the example by issuing a Treasury Order that all Civil servants or writers in Government Departments serving in Metropolitan Volunteer Corps are to be allowed a whole day's leave without loss of pay, or its being reckoned towards annual leave, or being required to make it up by overtime?

* : I am afraid it is impossible for the Government to give a general order to Heads of Departments in the sense desired by the hon. Member, because such Heads of Departments are alone in a position to judge whether the needs of the Public Service will in each case admit of such a concession. But I propose to direct the issue of a Circular from the Treasury expressing the hope that Heads of Departments will, as far as public business permits, give facilities to such clerks and copyists as are serving in the Metropolitan Volunteer Corps which are ordered to take part in the proposed Review on Saturday next in order that they may be able to attend.

I beg to ask the Secretary of State for War whether there is any sufficient reason, and if so what, why the Review to take place before the German Emperor on Saturday next should not be held in Hyde Park, instead of at Wimbledon, so as to allow the Volunteers to assemble in large numbers without loss of either time or wages?

The review of 20,000 men in Hyde Park, if possible, would certainly involve such injury to the park and to the gardens that I cannot think that the proposal would be entertained.

Is it not the case that on the last occasion 24,000 men were reviewed there, without damage; and still larger numbers—30,000—on a previous occasion?

The Statute Law Revision Bill

I wish to ask the First Lord of the Treasury what are the intentions of the Government with respect to the Statute Law Revision Bill?

* : I thank the right hon. Gentleman for having mentioned this Bill, and for the course which he has thought it right to pursue with regard to it. I am perfectly at liberty to add that if he is willing, on behalf of those who agree with him, that the compromise which I suggested on Thursday last should be adopted, the Government will proceed with the Bill. The right hon. Gentleman was fully justified in objecting as he did to the Second Reading; for, although it is prepared by a body of public servants who give their time gratuitously to the task of Statute Law revision, still it is the duty of the House to watch with extreme jealousy any measure of this kind which they believe interferes with the living law. I propose to take the Second Reading this evening if the Bill is not opposed, and on the understanding that two of the measures included in the Schedule of the Bill—5 & 6 Vict.—shall be removed from that Schedule. The Bill will then be examined by a Select Committee, and I hope will be passed into law in the present Session. I shall ask the House to appoint a Committee, in concurrence with the House of Lords, to examine into the whole question of Statute Law revision early next Session.

* : It does not follow that it is always right to continue doing what has once been done.

* : I wish the hon. Member to understand that he will be responsible for the loss of the Bill, because the Government will not proceed with it if there is any opposition.

The Abduction of an English Girl in Persia

I beg to ask the Under Secretary of State for Foreign Affairs whether he has any further information about the prospect of obtaining the release of Kate Greenfield; and whether there is any chance of the British Consul obtaining an interview with the girl in order to find out what are her real wishes?

The latest accounts received state that the Persian authorities have collected forces to disperse the bands of turbulent Kurds, who are mostly Turkish. Her Majesty's Government meanwhile are doing their best at Constantinople to induce the Porte not to object.

Message from the Lords

That they have agreed to Mail Ships Bill, with Amendments.

That they have passed a Bill, intituled, "An Act to carry into effect an International Declaration respecting the North Sea Fisheries, and to amend the Law relating to Sea Fisheries and Salmon and Freshwater Fisheries." [Fisheries Bill [Lords.]

Poor Rates (Scotland) Persons Assessed

Order [8th August, 1890] for Return relative thereto read, and discharged; and, instead thereof—

Return ordered, "showing, for each Parish in Scotland, the number of Persons Assessed for the Poor Rates for the year 1890–91, in the following form:—

County—

Parish—

(1) Dwelling Houses.

(2) Farms.

(3) All other Assessable Property.

Number of Persons (that is, Occupiers, whether Owners or Tenants) paying Rental as per Valuation Roll.

Number of Persons Assessed.

Gross Rental as per Valuation Roll.

Nett or Poor Law Rental.

Number of Persons Assessed.

Gross Rental as per Valuation Roll.

Nett or Poor Law Rental.

Number of Persons Assessed.

Gross Rental as per Valuation Roll.

Nett or Poor Law Rental.

Not exceeding

£4

Exceeding

£4

and not exceeding

£10

Exceeding

£10

and Not exceeding

£15

Exceeding

£15

and Not exceeding

£20

Exceeding

£20

and Not exceeding

£30

Exceeding

£30

and Not exceeding

£40

Exceeding

£40

and Not exceeding

£50

Exceeding

£50

and Not exceeding

£60

Exceeding

£60

and Not exceeding

£70

Exceeding

£70

and Not exceeding

£80

Exceeding

£80

and Not exceeding

£90

Exceeding

£100

and Not exceeding

£200

Exceeding

£200

and Not exceeding

£300

Exceeding

£300

and Not exceeding

£400

Exceeding

£400

and Not exceeding

£500

Exceeding

£500

Total for Parish

—( Mr. Hunter. )

Rating of Schools Bill.—(No. 74.)

Order for Second Reading read, and discharged.

Bill withdrawn.

Judicature Acts Amendment Bill [Lords]

Read the first time; to be read a second time upon Thursday, and to be printed. [Bill 403.]

Orders of the Day

Redemption of Rent (Ireland) Bill.—(No. 377.)

Second Reading

Order for Second Reading read.

Motion made, and Question proposed, "That the Bill be now read a second time."—( Mr. A. J. Balfour. )

I regret that my right hon. Friend has not thought it desirable to state the reasons for this Bill, because I regard it as a gross violation of all the principles on which my right hon. Friend holds his position upon that Bench. It is, thereford, impossible that I can allow the Second Reading to pass without a protest against it. In 1871 the right hon. Gentleman the Member for Mid Lothian (Mr. Gladstone) laid down the lines upon which the redemption of rent was to proceed, and the first attack upon them took place in 1887 under the present Government, who introduced a clause enabling a leaseholder in perpetuity to obtain a fee farm grant. No reason whatever is alleged in justification for the present measure. The tenants have made a fair and reasonable bargain for themselves, and the landlords have not insisted upon anything approaching what may be termed landlord tyranny in Ireland. Nor are the provisions of the present Bill the same as the clauses introduced into the Act of 1890 and the Land Department Bill of the present Session. Those clauses were confined to long leaseholders, whereas the present measure applies to fee farm grants. I take it that a leasehold of 999 years differs essentially from a fee farm grant. My right hon. Friend now proposes to break up that which is the absolute sale of a freehold interest between a vendor and a purchaser. It is not a contract for letting between landlord and tenant, but the absolute sale of the lease, and that is what my right hon. Friend is now seeking to do. Subject to the payment of rent, it is a conveyance of the fee simple of the land of the grantee. The Bill itself makes the expression "fee simple" cover all the land held on fee farm grant. Therefore, I take it that it conveys everything subject only to the rent. I certainly think that those who are interested in this kind of property are entitled to know from Her Majesty's Government what are their reasons for changing the policy which has been hitherto pursued by all Governments in regard to this particular kind of property. In 1887 there might have been a reason for alleging the unfair and inequitable treatment of the owners of short leases, but the owners of long leases were in an entirely different position. The class of tenants who will be affected by this Bill are, with the exception of about 2 per cent., under £50 valuation. For years they have been placed in a position which caused them to be envied by every other class of tenants in Ireland, and I cannot understand why, in regard to them, my right hon. Friend should introduce the principle of compulsory purchase. Under this Bill the landlords, if they go to the Land Courts, would have only one reasonable alternative practically offered to them, namely, to sell their property to their tenants. I do not desire to detain the House at any length, but I wish to state as concisely as I can my objections to this special class of legislation. I am aware that I shall probably not receive much support, and therefore I will not put the House to the trouble of a Division on the Second Reading, but I hope to hear the reasons why the Government have now, at the eleventh hour, turned round and altered the policy hitherto pursued in regard to this class of property. I object to this kind of legislation, which will still further weaken the integrity of contracts in Ireland; and I protest against it as a violation of the rights of property, and of all the principles on which the Government have arrived at their seats upon that Bench.

The hon. Member opposite has been much more prudent in his action than in his speech, and he has wisely abstained from taking advantage of his right to divide the House. If he had adopted that course he would probably find himself telling an empty Lobby, for I doubt whether a single Member would have followed him. Personally, I so far differ from the views of the hon. Member that I am of opinion that this Bill is far from exceeding the demands of justice. On the contrary, it does much less than justice to the Irish tenants. What is the difference between the Irish tenants dealt with by this Bill and the Irish tenants admitted to a fair rent by the Land Courts four years ago? Practically there is no difference at all, and the hardship is greater upon the tenants still remaining than it was upon those who were dealt with four years ago. In old times, when the will of the landlord was paramount, the tenants consented to take farms on the landlords' terms, in order to escape an increase of rent and eviction eventually. They paid a heavy fine, and they secured no reduction of rent in consequence of receiving these fee-simple grants. Unless this Bill passes, those tenants will have to go on paying the old heavy rents, while their neighbours have received some amount of justice. On what principle of fairness should the right to go into Court for a fair rent be given to a tenant with a 99 years' lease, and refused to another tenant who has a longer lease? There is, I repeat, no conceivable difference between the tenants dealt with by the law and those I refer to, except that the case of the latter is much harder. The hon. Member for South Antrim (Mr. Macartney) speaks of a legal position, but what is this House for but to amend a legal position when it is shown to be inequitable. It is because the Chief Secretary is convinced of the hardship of the position and the equity of the claim that he proposes to amend the law. If the hon. Member took the view which generally prevails in this House as to the duties and responsibilities of landlords towards their tenants he is one of the last men who should raise an opposition to this Bill, for on the estate of his father the fee farm rents are so exorbitant as to destroy not only the fee farm interest but even the tenant right of the tenants.

The only fee farm grant sold by my father was sold for 30 years' purchase.

The hon. Member's father became the owner of the estate to which I refer in 1866.

In 1866, or about that time, and he at once increased the rents; in some cases doubling them. In 1878 he told the tenants he was about to sell the estate, and he advised them to take perpetuity grants. He did not, however, sell the estate, but he holds it now. The hon. Member talks about the fee simple, but these tenants are prohibited from laying down corn beyond such proportion as may be fixed by the landlord, and if they disobey this injunction they are liable to pay a fine of £1 a year for every acre laid down in corn.

But what benefit do the tenants derive from having, as the hon. Member says, the fee simple? I have said that when Mr. Ellison Macartney became the owner of this estate he increased the rents upon seven out of 12 farms by sums ranging from £7 to £38 a year. In one case the Poor Law valuation was £22 10s.; the old rent was £23, and the new rent, under a grant which the hon. Member says gives the tenant the fee simple, is £63. In another case the Poor Law valuation is £7; the old rent £15, and the new rent £20. In a third case the Poor Law valuation is £8 10s.; the old rent £16, and the new rent £35. In another case the Poor Law valuation is £39; the old rent was £39, and the new rent is £78, or exactly double. The hon. Member is quite right in taking his own course; but if he does so he must take the consequences, both in regard to his father's tenants and other tenants in Ireland. Tenants paying such heavy and unjust rents, no matter what the form of contract may be, are entitled to the interference and protection of the Land Court. The Bill is an extremely moderate one, and really does less than justice. It is only where men are in a certain position of hardship, and landlords will not sell at all, that the tenants will be able to go into Court and have a fair rent fixed. I admit that the position of the right hon. Gentleman the Chief Secretary will not always permit him to go as far as circumstances demand, or as he perhaps wishes but as we cannot obtain full and complete justice for Ireland in the matter we must be content for the time with what is practicable.

I do not propose to discuss this Bill at any length, nor in reference to any particular estate, but I desire to say that there has never been introduced a more just and equitable measure than the Bill which has been introduced by the Government to-day. I agree with the remark of the hon. Member for South Antrim, that the proper time when the tenants in question ought to have been dealt with was when the Act of 1887 was passed, and the result of their being passed over has been that for four years these unfortunate men have been groan- ing under the old exorbitant rents. I and others pointed out in 1887 that we failed to see any difference between leaseholders of 99 years and leaseholders of longer terms; but we had to make a virtue of necessity at the time. A compromise was arrived at by the House, but it was known that I and many others never acquiesced in it, and year after year Bills have been introduced to settle the question. I do not think the bulk of the long leaseholders exist on the estates of the old Irish landlords; they hold under men who have purchased out of the wreck of the old Irish landlords. Those landlords now are in many cases shopkeepers in towns, and I need not tell the House what kind of landlords they are. Whatever were the faults of the old landlords, they were positively blameless compared with these new landlords, the tenants of whom in many cases are made to pay more than double the rent that is paid by their neighbours for land of the same description and in the same neighbourhood. In some instances the tenants pay from £2 10s. to £3 an acre, while a tenant with land on the other side of the hedge only pays £1. I admit, as the hon. Member for South Antrim has stated, that there is one thing in this Bill which was not in that of last year—that the fee farm grants have been added to the measure, but it must be borne in mind that he himself has admitted that there is no difference be-the fee farm leases and the perpetuity leases. The House by this Bill is simply asked to do justice to the men who were left out of the Act of 1887. The landlords will be given the option of selling; it is only when they absolutely refuse to do so that they will be forced into Court, and the tenants will be able to get a fair rent fixed. This is a just and equitable measure and will prevent a worthy class of tenants from inevitably going to the wall. It is, I maintain, a just Bill and will give relief to some 2,000 tenants—a relief which is much wanted and which ought to be given.

I wish to remind the House that the Bill is merely a clause, or rather two or three clauses, taken out of the Bill which the Government introduced early last year. It has been before the country, therefore, for a year and a half, and no comment has hitherto been made upon it, which induces me to believe that the Government are well advised in bringing it forward in its original shape, and in now trying to press it forward in a form which will enable it to become law in the present Session. My hon. Friend who has criticised the Bill will, I think, be of opinion that a worse form of tenure than that of letting agricultural land at the full agricultural value in perpetuity could not be devised. There is nothing analogous to it anywhere, so far as I know; certainly there is nothing analogous to it either in England or Scotland. If the Parliament of this country was justified, as it thought itself justified, in allowing the copyhold tenant of England to personally redeem his tenancy at a fair price, so I think Parliament would now be justified, by a parity of reasoning, in allowing the perpetual leaseholder, holding agricultural land at the full agricultural rack-rent, also to redeem his holding at a fair price. It will not be denied that the provisions made in the Bill for seeing that the price should be a fair one afford ample security and guarantee to the landlord. I believe the Bill meets with the general approval of almost every class in Ireland, including the landlord class.

Question put, and agreed to.

Bill read the second time.

May I suggest to the right hon. Gentleman that he should put down the Committee stage as the first Order of the day for which it is fixed, in order that it may be disposed of as promptly as possible.

I have consulted with my right hon. Friend the leader of the House, and I will put down the Committee stage for Thursday week.

Bill committed for Thursday, 16th July.

County Councils (Elections) Bill. (No. 361.)

Committee

Order for Committee read.

(In the Committee.)

Clause 1.

Amendment proposed, in page 1, line 5, to leave out the words "The 8th day of March shall be."—( Mr. Heneage. )

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

moved, in page 1, line 5, at the commencement of the clause, to insert "except as regards the administrative County of London." The right hon. Gentleman said: The object of the Amendment is to except the administrative County of London from the scope of the clause. At the outset I would call the attention of hon. Members opposite who have so often attacked the London County Council to the fact that their own Government are now proposing to prolong the powers of the Council for six months. The London County Council feel that this is a great compliment; the Council indeed were at first disposed to accept the proposal made in the Bill, and actually passed a resolution to that effect. The Finance and Parliamentary Committees, however, felt very strongly the inconvenience that would arise, and the subject was brought up again, when their arguments convinced the great majority of the Council, and a resolution was passed by 73 votes to 22 in favour of November as against March. The reasons are twofold—partly financial and partly Parliamentary. Taking finance first, the Committee will remember that the Council's year ends in March, and the new rate has practically to be made by the Council early in April, on a Report from the Finance Committee, sanctioned by the Treasury. The rate must be passed by the Council the first week in April, and as the consent of the Treasury has to be obtained, it is clear that the estimates must be sent in by the Finance Committee at the latest on the 1st of April. Now, if the Bill in its present form is to apply to London, the new Council will be elected on the 8th of March. The first duty of the new Council will be to elect a Chairman and Aldermen. I will assume that this is settled by the 16th, that being the earliest possible date. Then the 137 members have to be allotted to the Committees, which are about 20 in number. That is a very important matter, and must certainly take a week, bringing us to the 22nd. There would then only remain 10 days for the Spending Com- mittees to frame their estimates, and for the Finance Committee to consider and recommend for the Council to adopt them. It is quite obvious that the time is altogether insufficient. Such an elaborate process cannot be compressed within 10 days, except with the greatest possible inconvenience. The very first day the Spending Committees meet they would have estimates laid before them by the clerk and would have to come to a determination upon them at once. It is impossible that they could give to them the consideration they require and the estimates must be accepted without proper time having been afforded for their examination. In the same way the Finance Committee will have to accept the estimates sent up by the other Committees without any time for consideration. The Spending Committees will be compelled to adopt the estimates of the clerks of Committees, and the Finance Committee will have no option but to take those of the Comptroller. I have the greatest confidence in the officers of the Council, still it is obvious that under the circumstances the estimates will really be theirs and not those of the Council. I hold in my hand a letter from the Comptroller, in which he urges very strongly the extreme inconvenience of this course. It is very probable that the election may turn partly on questions of finance. [ Ironical Ministerial cheers. ] I am glad to hear that cheer from hon. Gentlemen opposite. I believe the election will turn to some extent a finance, and yet, as I have shown, the new Council must either adopt the previous expenditure, or cut down the estimates without any time for serious study and examination of them. Is it possible to devise any process more likely to interfere with the economical management of the affairs of the London County Council? It must be remembered that we are not now dealing with a single event, but with a proposal which will affect London in future every third year. Now, nothing is so likely to encourage extravagance as to weaken responsibility. If you reject this Amendment one result will be that every third year it will be impossible for our fellow-citizens to saddle anyone with the responsibility of London finance. The incoming Council will say, "We are not responsible for the finances, because it was our predecessors who made the estimates. We have no time to examine them." The outgoing Council will say, "We are not responsible, because it is the new Council which spend the money." I am sure the Committee will feel that the opinion of Lord Lingen, Chairman of the Finance Committee of the County Council, both from his great official experience and from the fact that he has presided over our finances from the commencement, is entitled to great weight. He writes to me as follows—

"I cannot conceive how any one who thinks of the consequences can propose that the London County Council shall be elected in March."

He goes on to say that, while he is anxious to be as conciliatory as possible and to meet the views of Government wherever he can, on this point of the date, "we must endeavour to the uttermost to induce the Government to meet our views." I will not put my opinion as adding anything material to the high authority of Lord Lingen, but so far as it goes I would earnestly press the Committee and the Government to accept the Amendment on financial grounds and in the interests of economy. The Parliamentary reasons are scarcely less strong. In any case, the notices for new Bills must be given by the outgoing but if the elections are in November the new Council will have ample time to consider the legislation proposed and determine their policy. On the other hand, by April their Bills may be, and, indeed, will be, in Committee. If the elections are in March, the outgoing Council will be liable to be told in this House that they do not represent London; and, on the other hand, the new Council will have to determine their policy on many points, often of great difficulty and complexity, with scarcely any time for information and reflection; it will take them some time to look into the questions, and till they have done so no one will be able to express the view of the Council. If, therefore, the Committee reject this Amendment, the result will be that every third year London will be paralysed for some weeks in the very middle of the Session, because there will be nobody in this House able to speak on behalf of the London County Council. And this difficulty will not merely arise in connection with the Bills directly promoted by the County Council. The great majority of the Acts of Parliament affecting London are not brought in by the County Council, but by railway, tramway, and other companies. Most of these are in Committee by March, and yet, by this proposal of the Government, the County Council will be deprived of the power of speaking just when it is most necessary it should be actively watching the interests of the public of London. My right hon. Friend the President of the Local Government Board wishes to make the elections for County Councils uniform. But London is really a municipality, and should be treated as such, and not in the same manner as a country district. If uniformity is desired, surely London elections ought to be at the same time as those of other great cities. November has been found most convenient for the holding of these elections in all towns and cities, and the same consideration applies to London also. Every other municipality holds its election in November, and London desires to do so too. Surely, that is essentially a matter which the London County Council might well be allowed to settle. The reasons given for opposing November are that the next Budget of the Council may show a considerable increase of expenditure, and that the outgoing Council ought to present their balance-sheet to the constituencies before the new election. That, however, is, on the face of it, proposing a permanent inconvenience to meet a single case; and let me point out further, that we should not have to present the Budget in any case, be the election in November or in March. The incoming Council will have to perform that duty, and my Amendment will afford them ample time to examine its details and determine what their policy shall be. Moreover, I see no reason why there should be any serious increase of expenditure next year, and, in saying that, I do so after consultation with the Comptroller and Lord Lingen. In any case, however, if the elections are to take place early in March, and the rate was not made until April, it is evident that the rate will be made by the new Council. The difference, however, is that, under the Bill as it stands, the new Council will have to make the rate immediately after they are elected; while, if the Amendment is carried, they will have time to consider and determine their policy. Let me remind the House that a very large majority of the Council, including those especially responsible for the financial and Parliamentary business of the Council—the Vice Chairman and Deputy Chairman of the Council, the Chairman and Vice Chairman of both our Finance and Parliamentary Committees, our Comptroller and our Parliamentary Agent—are all of one opinion, and strongly of one opinion, namely, that the holding of the elections in March will be seriously detrimental to the efficient government of London. I must apologise for having intruded so long on the Committee; but in the interests of London, and believing that the Amendment is of great importance both with reference to efficiency and economy, I earnestly recommend it to the favourable consideration of the Committee.

Amendment proposed, in page 1, line 5, at commencement of Clause, to insert the words "except as regards the administrative county of London."—( Sir J. Lubbock. )

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

I should like to say a few words as to the views of the moderate and consistent section of the County Council. The right hon. Baronet has very forcibly brought before the House the views of the majority of the Council, whom he represents, but I may remind him that there are those who hold that the ratepayers ought to be considered in the matter, and the information which has reached me induces me to believe that by them March is considered a more suitable time than November. In November we have the School Board elections, and it is very inconvenient to have two big elections in the same month, owing to the extreme apathy of the electors. Again, with regard to the introduction of Bills and the opposition to the Bills, whether the County Council is elected in November or March, the plans must be deposited by the end of November; and it must be remembered that the County Council does not actually expire; there are Aldermen to keep up its continuity; and the Bills are conducted, not by the County Council, but by the agents and counsel they employ. There are, no doubt, members of the County Council who desire to have a finger in the pie, but in my opinion it is not desirable that they should. I am, therefore, not at all sure that it would not be an advantage to the ratepayers of London to have an opportunity of saying at the polls whether they support or oppose a particular Bill promoted by the County Council. I can conceive cases in which a Bill promoted by the Radical and Progressive Party in the London County Council might be extremely distasteful to a large number of ratepayers, who would desire an opportunity of expressing their views on the question, but generally speaking, it is not desirable that the ordinary course in connection with the promotion of a Bill and its progress through Parliament should be interfered with. As to the objection that the new budget will have to be issued by the incoming Council, I did not know that there will be any particular harm in that, as it will afford them an opportunity of revising the estimates. In point of fact the estimates, although only presented in March, are prepared months beforehand, not by one Committee, but by several Committees, which have to make up their minds long in advance as to the work they recommend the Council to carry out, and it is exceedingly desirable that the voice of the ratepayers, who have to find the money, should be heard on the estimates. There is something behind all this opposition, and it has been revealed since the members of the County Council on one occasion voted one way, and on another occasion quite differently. In fact, they did not know their own minds at the time. The leader of the Progressive and Radical Party in the Council (Sir Thomas Farrer), in a letter to the Times, wrote as if the County Council had been taken by surprise by the Bill of my right hon. Friend. But it was perfectly well known for weeks and months beforehand that the right hon. Gentleman proposed to alter the time from November to March. Sir Thomas Farrer forgot to mention an important circumstance, and that was that at a meeting of the Radical and Progressive Party the wire pullers informed them that if they did not upset the previous decision of the Council they would lose their seats. Sir T. Farrer returns to the charge, and in a letter to the Times to day he says that his former letter carefully avoided all political questions. Of course it did. It would not have done for him to state what had taken place at the meeting of the Progressive and Radical Party. Sir T. Farrer waxes exceedingly wroth; he says that if the Bill is not amended in this respect, it will be intolerable, and that the London County Council will be paralysed and emasculated by what is proposed. If some of its vitality were taken away from it, I am not sure but that it would be a good thing. Unless some very strong reason is shown against it, or the ratepayers feel very strongly on the subject, the Committee ought to adhere to the date mentioned in the Bill. This House has something to do beyond considering the political exigencies of the Progressive Party in the London County Council; its duty is to study the interests of the ratepayers, and their opinion is, I believe, that March is the best month for holding the elections.

* (4.57.) : I hope that the right hon. Gentleman will fall in with the view of the President of the London County Council, which is a very different body from the County Councils in the country, and is, in fact, a great Civic Corporation. The County Councils in the country have not power to promote Bills in Parliament, but the London County Council has, though, in my opinion, its powers are not yet sufficient. If the election is yield in November it will be held on a new register, whereas in March the register will be six months old and 20 per cent. of the electors will have removed. The hon. Member has said that the people of London will desire to have an opportunity of expressing their views on the Parliamentary proposals of the County Councils, but they will have that opportunity if the elections are held in November; and if the constituencies are against the proposals, the Council can alter or withdraw them. The hon. Member who last spoke did not attempt to combat the arguments on the financial aspect of the question, and, as the right hon. Baronet the Member for London University told us, he was supported strongly by Lord Lingen and nearly all the responsible heads in this matter. I think the House ought to give full weight to that authoritative opinion. The election in March, as regards London, would be very inconvenient and very unfair. Further, nothing could tend to make the members of the London County Council more irresponsible than they would be if they were elected at a time when they would have had nothing whatever to do with the preparation of the Estimates, and when Parliamentary work would be so far advanced that they would not be able to interfere with it. Again, if the work done is good, their opponents would take the credit of it; and, if bad, the responsibility would be disclaimed; or if there are any proposals before Parliament that they disapprove, they will not have an opportunity for saying so and stopping the proceedings going on.

* (5.5.) : This is an interesting subject which should be approached without any of the Party feeling by which the London County Council is supposed to be divided. In most representative assemblies there are two Parties, but, at any rate, the question for this House is, what will be the better time for the elections? With regard to November the objection is that the register will not be ready until the 31st of December. So that, unless special provision is made to accelerate registration, the election will have to be held upon the old register. That, I think, would be very lamentable indeed. The experience which the Government have had of attempting to accelerate registration has not been of a nature to encourage them to provide a new register for an election in November. The School Board election is undoubtedly to be held in November, but it is upon the rate book, which is a totally different matter. The County Council register is to be revised by the Revising Barrister, who sits in September, and appeals from his decisions could not be heard until later; therefore, I do not see how it is possible to have the election in November except on the old register. It has been suggested that the election should be held in January, but that is usually a season of kindly social intercourse which one would not like to see interrupted by the unkind things which are said during an election. The point has been raised as to the preparation of the County Council's financial budget. I think there would be advantage in the estimates being framed by the Committees which have been in office for three years, and know where economies can be effected. There is another thing which should be considered, that if the new body were to frame the estimates, the whole blame of any miscarriage could be thrown upon them by their predecessors—and we know that it is not uncommon to avoid responsibility. If the election were held in March, the Bill should be made sufficiently elastic to allow the County Council to have the election on Saturday or any other day of the week that might be considered suitable, besides which in March there are some hours more of daylight in which to vote, and, on the whole, I think March has the best of the argument.

* (5.10.) : The hon. Member for Marylebone says that this has been made a political question. Who has made it a political question? There is a particular sect of Members opposite who, whenever a County Council Bill is brought forward, act in a hostile and partisan spirit. If a Bill is brought forward by some large Provincial Municipality all descriptions of Members for that town support the Bill. But if a Bill is promoted by the London County Council certain hon. Members opposite feel bound to go in a direction contrary to that pursued by the majority of the County Council. There is nothing political in this question; it is simply administrative and financial. And I would point out that the right hon. Gentleman (Sir J. Lubbock), Chairman of the London County Council, is a staunch supporter of the Government, so that he treats these questions in no Party spirit. Lord Lingen, Chairman of the Finance Committee, abstains from taking any part in these political divisions, and I think it must be conceded that the London County Council is practically unanimous in making this proposal. So far as the action of the Caucus, or Progressive Party, is concerned, I am bound to say that I myself have absolutely abstained from taking any part in Party meetings or Party organisation within the Council. I look upon them as an unmixed evil. This Party feeling is due not merely to our own side, but to an exactly similar organisation or caucus which is supported upon the other side. With regard to November being an unsuitable month for the election, the right hon. Gentleman knows very well that after the last Reform Act, in 1885, November was deliberately chosen for an appeal to the country, and I think we are just as likely to have sufficient time for the electorate in November as in March. London is not in a position parallel to that of any other country. Other County Councils have no power of promoting Bills, and so far as their Parliamentary work is concerned it cannot matter to them when the election takes place. The London County Council inherits all the powers of the Metropolitan Board of Works, which are extensive and considerable, with regard to the promoting or opposition to Bills in this House. This, I repeat, is not an administrative and not a political question, and I hope my right hon. Friend will agree to what is plainly in the interests of the Metropolis.

* (5.15.) : I certainly think that March is much the better month for the election. The public would then know whether it was the outgoing or incoming Council that was responsible for any particular action. If we have the election in November it will be upon the old register, and if we have it next March it will be on the register now being prepared. The hon. Member for St. Pancras dwelt a great deal upon political feeling, but I would remind him of the French proverb, "He who excuses accuses." No doubt the introduction of politics is much to be regretted, but it is a fact that politics are brought in; and it is a remarkable thing that the hon. Member did not say one word about what took place between the two meetings of the County Council, at the first of which they deliberately decided to have the election in March, and at the second of which they reversed their first decision in favour of having the election in November. There is a sort of haziness about what transpired. It is rumoured—perhaps the right hon. Gentleman will contradict me if what I say is not correct—that Mr. Schnadhorst came down—["Oh!"]—Yes, let us have this out—and pointed out to this so-called Progressive Body that if they had the election in March it would be perfectly fatal to their chances at the next election. That is the real fact. Nobody can get up in this House to gainsay the statement.

* : All I can say is, I should like to get Sir Thomas Ferrer and some others into the box and ask them whether any such political meeting were held or not.

* : I am not a progressive member of the London County Council, but I challenge anybody to dispute the statement. That is how political feeling has been brought in. By the plan proposed the people of London will be in a position to see who has the credit of a reduction of the rates, and who is responsible for the increase of £4,000,000 of debt and an extra 4d. rate. The County Council came to the conclusion that March was the better month, and they changed their minds when politics were introduced, and they thought it would be against them.

* (5.20.) : The hon. Member has stated one or two facts on which I would like to correct him. First, he said that the other County Councils throughout the country hold their election in March. Now the cities hold them in November.

* : I do not wish to quibble on the question. I am speaking of the county boroughs, which hold their elections in November. I am well aware that in the country districts the elections are held in March. Then I wish to correct the hon. Member as to the date of the new register. I am clearly of the idea that it will come into operation on the 24th October.

* : The new register will come into operation on the 1st January.

* : I think the speech of my hon. Friend (Mr. Lawson) is deserving attention. I believe I am called a progressive member of the London County Council, but when I stood I told the electors that I should have nothing to do with politics in the County Council, and it was upon that programme that both Liberals and Conservatives returned me. I regret extremely to hear my hon. Friend the Member for Marylebone talking about there being "something behind" the change of decision which the County Council made. There was nothing political in the change of views, and was it not better that they should withdraw from a conclusion which was proved to be wrong? It was shown that by having the election in March the Finance Committee would only have from the third week in March to the first week in April to decide what the estimate should be. Personally, it seems to me that it is impossible that they can do the work in the time. I should even prefer January to March if it could be so arranged, despite the fears about Christmas festivities, though, at the same time, I think November would be much more convenient. I would point out, further, that the County Council is much more likely to know what is for its own convenience than are Members of this House, who have very little acquaintance with the routine work of the London County Council.

I am sure the Committee will acquit me of anything like political feeling in promoting this Bill, or in declining to accept the Amendment submitted on behalf of the London County Council. I have no ill-feeling against that body, and I have always done what I can to assist it in carrying out its work. The right hon. Gentleman (Sir J. Lubbock) urged this alteration of date from three points of view—first, the wish of the London County Council; second, the financial question; and, third, the election as connected with the Parliamentary work of the County Council.

* : They are not merely our Bills, but those affecting London generally.

* : Exactly; that is what I understand. I do not think the Committee will be surprised that on the first question I cannot accept the representations which have been made, and I must ask the Committee to disregard the last decision at which the County Council have arrived. The action which the London County Council has taken with regard to this matter is, I think, somewhat extraordinary. They first decided that January should be the month, and subsequently they decided in favour of March. It cannot be contended that this decision was arrived at without having all the objections against the month of March before them. Every single objection raised to-day was put before the Council, when they came to a decision in favour of March. I am not going to enter into the reasons which prompted the Council to so speedily rescind the resolutions they had passed. I know nothing whatever of the secret meeting held by the so-called Progressives with regard to this matter, although it has not been denied that such a meeting took place.

* : I know nothing of any such meeting. Does the right hon. Gentleman state that such a meeting took place?

* : Oh, I know nothing about the meeting except what I have heard; but I have noticed that it is not denied that such a meeting took place, although, of course, I accept the right hon. Gentleman's statement that he knows nothing about it, and that there was no such meeting.

* : I have only asserted that if there was such a meeting I know nothing of it.

* : Well, whether there was such a meeting or not, something or other occurred which altered a large majority for March into a large majority for November. Looking to the fact that that was the third date fixed upon, and also remembering that the noble Lord who spoke last is even now prepared to accept January, I do not think the last decision arrived at by the London County Council would justify the Committee in assenting to the Amendment. This is not a matter on which, in any event, the decision of the London County Council ought to be conclusive. There are other Representatives of the London ratepayers besides members of the County Council. The question affects, no doubt, the financial administration of the London County Council, but it also affects the ratepayers, and we ought to be guided very largely by what is most convenient to the ratepayers. I have received a representation signed, by an immense majority of the Members of Parliament representing London constituencies, in which they represent that March would be more convenient. I do not know why the noble Lord (Earl Compton) should smile. He repudiates any political bias.

* : Here, again, we see that hon. Gentlemen opposite, who repudiate all political motives and denounce every one on this side of the House who says a word on the question, are continually introducing politics themselves. It is quite immaterial from the point of view which hon. Gentlemen opposite profess to have adopted whether the representation was signed by Liberals or Tories. The fact remains that the large majority of the Representatives of the ratepayers in this House are favourable to March. The whole basis of the legislation proposed by the Bill is that the time given at present is not sufficient for an election to take place under the new register. The proposal in the Amendment is not to take the same date as that of the municipal elections, which is November 1, but to go to the very end of that month. Another point urged by my right hon. Friend the Chairman of the London County Council (Sir J. Lubbock) has reference to finance. I understood the right hon. Gentleman to say that the new rate has to be made in the first week of April. I do not find that is so. Last year the estimates were submitted and adopted on March 25, approved on April 7, and the rate was made on April 21.

* : What I said was that the vote was passed on the 7th; the rate was formally made on the 21st; and the Vestries complain of the inconvenience resulting from the rate being made so late.

* : My right hon. Friend stated that the rate was made in the first week of April. It cannot be made before April 1, because the financial year terminates on March 31. If the Committee accepts the proposal of the Government that the election shall be in March, the first meeting will be on March 16th, and there will be plenty of time to make the rate even before the time at which the present Council has been in the habit of making it. The right hon. Gentleman objects to the preparation of the estimates by one Council and their adoption by another. In truth the estimates are prepared mainly by the officials, of course in consultation with the heads of Committees, months before they are presented. I believe the preparation begins as early as November. It is not necessary that the estimates should continue to bind the new Council elected in March. As the right hon. Gentleman knows, there are always two rates made in the year. In the Local Government Act express provision was made empowering, and, indeed, almost calling upon, County Councils to revise their estimates after the first six months. So that, supposing that during the first six months of the new Council they revised the estimates handed to them by their predecessors, and they found them in some respects excessive, they would be perfectly at liberty to review them for the second half-year. Who would be damnified or injured by the estimates being prepared by the outgoing Council? If they were insufficient they could be added to; if they were excessive they could be reduced. There are no obvious inconveniences or difficulties in this revision of the estimates by the new Council. Besides the expenditure out of rates, there is the expenditure out of borrowed money. We are told in a letter which I saw in the Times to-day from Sir Thomas Farrer that the estimate for this year is £4,371,000, of which £1,745,000 is to be re-lent to other bodies, and £2,626,000 is required by the County Council itself. It is a very large sum, and very much in excess of the sum required last year, when the total was £2,808,000, and the sum to be re-lent £1,510,000. I do not think myself that there would be any disadvantage in the electors having estimates of this kind before them at the election. The whole administration of the County Council is practically based upon finance, and it would not be a bad thing that the ratepayers should have before them a concrete example of the financial policy of the County Council at the time of the election. It might be that at the time proposed for the election in March there would be no general exposition of the finance of the London County Council before the electors, yet, as notice of the financial Bill would be given in February, the broad features of the financial policy of the Council would necessarily be known, and I do not think that would be a bad thing. Supposing the Money Bill is prepared by the old Council, and the new Council has to administer it, there is no disadvantage in that, because the Bill deals with the maximum sum which has to be raised, and the new Council may take advantage of the maximum given to them in the Bill, or they may not. If they desire to retrench there is nothing to prevent them. Then with regard to the promotion of private business. Notices of Private Bills have to be given in November, and if any have to be opposed the necessary steps must be taken whether the elections are held in November or in March; whilst, as to the policy of the London Council in regard to opposition to Private Bills, it is not likely there will be any great difference of opinion between the old Council and the new. Apart from all other questions, March is by far the most convenient month for the election. The days are two hours longer then than in November, when fogs are proverbial and daylight is a great advantage to all concerned in an election. Again, nothing could be more unfortunate than that the School Board election and the County Council election should be held within a few days of each other, not only because it would be difficult to interest the electors in the two elections at the same time, but also because in the School Board election the voting is cumulative and in the County Council election it is not—a difference which may have the effect of losing a large number of votes. As to a revolution being effected in the constitu- tion of the County Council, it is probable that a large number of the present members will be returned again, and I do not think there will be anything like that break of continuity in the work of the Council which some seem to anticipate. For these reasons I ask the Committee to support the Government in adhering to the Bill.

* (5.55.) : I will not detain the Committee for more than a minute or two, but I wish to point out that three years ago the right hon. Gentleman carried the Local Government Act, in which all these dates were fixed, and all the objections now taken—meteorological, administrative, or financial—were equally strong at that time. In 1888 the right hon. Gentleman proposed that the municipal year in London should commence on the same date as the municipal year in every other large town in England; and no inconvenience has been experienced in other towns from any of the causes named. Why should the municipal life of London be suddenly dissevered from the municipal life of the rest of the country? It appears that a majority of London Members of Parliament sitting on the other side of the House have suggested to the right hon. Gentleman that this alteration should be made.

* : Then the alteration is proposed by the right hon. Gentleman of his own initiative.

* : I did not say so. The alteration was suggested in the House by more than one Member on the Second Reading of the Bill for accelerating the registrations.

* : It does not appear that those Members are now present to support the suggestion they made. The right hon. Gentleman said that the London County Council have formed two or three conflicting opinions on the subject of the date of the election. Well, other bodies higher than the London County Council have held different opinions, and yet the right hon. Gentleman does not repudiate their right to represent this country. I must say I do not attach any great importance to the financial or administrative argument. These elections take place once in three years, the Budget is brought in every year, and applications to Parliament are made every year, and if the London County Council are actuated by these dark designs of a political character they will take care not to leave themselves open to attack from opponents on their financial proposals. But what I would rather rest the argument upon is this: that the municipal year of England commences in November, and why should there be a difference as regards the London County Council?

* : If there are no better reasons put forward we may well ask what reasons there may be behind? It is a very singular thing that the hon. Members who have distinguished themselves by an unswerving and constant opposition to everything that the London County Council have said or done are the gentlemen who are most anxious that this change should take place. Well, I am not anxious to prolong the existence of the County Council or any other institution for six months longer than Parliament has proposed. The Council was put into office for three years, and I see no reason for prolonging their existence. If they have forfeited the confidence of their constituents, if they have adopted a policy objectionable to those they represent, the sooner they go to their constituents and know their fate the better. I offer a suggestion to hon. Members opposite in reference to municipal elections—and that is, that I do not think they will find the cry about the increase of rates will be a very popular one. There are certain constituencies in which that cry will have force; but even under the cumulative system under which School Board elections are carried on, my experience is that elections turn upon the question of carrying on the municipal work in the best manner, and that the mere cry of saving the rates is not an effective one. I am bound to say I do not think the right hon. Gentleman has made out a case for changing the date he fixed in the Act three years ago and which Parliament with due deliberation sanctioned.

I most certainly agree that this is in no sense a political matter, and it would be foolish to make it so. I repudiate entirely all the statements made about Mr. Schnadhorst and the change being opposed on political grounds, and I do not see the advantage in any way of holding the elections in March. Whether the election is held in March or November, the London County Council will have to answer not for the policy adopted between the two dates, but for the policy pursued over three years. I cannot see that there is any ground for the expectation that the date will have any prejudicial or injurious effect on what is called the Progressive Party on the Council, and that is the view I have taken all along. Why we wish the date to be November rather than March has been sufficiently explained; and I listened attentively to the right hon. Gentleman's statement to see if I could find any crumb of reason for giving the preference to March, but I have found nothing to convince me. Only two reasons do I find advanced. As to the argument based upon the weather in this country, and especially in London, that, surely, is one that cannot carry much weight. This is a very small matter when you have the administrative convenience on the other side. Then, as to what has been said about the School Board elections, the whole of that argument went to show that it is intolerable to have the cumulative system of voting along with the system of Parliamentary and County Council elections. If the School Board elections were conducted in the same manner as the County Council elections, the whole of that argument would vanish. I should welcome the introduction of a Bill to change the system, but this proposal only adds to existing difficulties. But we simply oppose this change from November to March because of the financial and administrative reasons, and we wish the County Council of London to be recognised as a great municipal authority, on the same footing as the Municipalities of other great towns in the country. On these grounds I entirely support the proposal of my right hon. Friend behind me. I may recall to the President of the Local Government Board his own argument used some time ago, that registration was somewhat late, that it was difficult to get the registers out in time, and, therefore, he felt at that time it would be better to accelerate the register in some way. But the Bill fell through in consequence of the complicated difficulties met with.

* : It was not due to complications at all; the Bill was withdrawn in consequence of the determined opposition of a few hon. Members.

Well, surely this is a much less effective way of settling the difficulty. I believe that some hon. Gentlemen opposite think they can gain some political advantage from the proposed change, and I am sorry to find this position taken up. We founded our objections on arguments in no sense political, and these arguments are put forward by men who have identified themselves, and not as politicans, with the work of the London County Council, the right hon. Gentleman (Sir J. Lubbock) and Lord Lingen. The proposed change will land the Council in considerable administrative difficulty. It will not do to say March offers no difficulty. We have to oppose Bills in Parliament, and the policy of the Council in respect to those matters must be shaped before March. There is an important matter to be considered next year, the Metropolitan Water Supply. The policy of the Council in this matter will be dictated by the people of London. You cannot expect a moribund Council to act with any great authority in such a case. Of course, this is a difficulty that may occur every three years. I sincerely regret that the right hon. Gentleman the President of the Local Government Board should have yielded to the political arguments advanced by hon. Gentlemen behind him, and allowed them to influence him against the administrative and financial reasons put forward in favour of the motion of the Chairman of the Council.

The right hon. Gentleman seems to have forgotten the issue raised by London Liberal Members in relation to the Registration Acceleration Bill. The position we took up had reference to the alteration of the date of the qualifying period.

The right hon. Gentleman at the end of his argument seemed to think that because we happen to have two elections in London, the School Board election and the County Council election, the electors might get confused in the use of the two sets of voting papers. But let me recall the fact that in 1885 we had within a few days a School Board election and a Parliamentary election, and I do not think the electorate found any grave difficulty about using the two systems of voting, and this experience should dispel all doubts on this account. I am quite at one with the right hon. Gentleman when he says that this matter concerns Members other than those who happen to be members of the Council. In opposing the change, I will not dwell upon the administrative difficulties, with which I am not familiar, but I urge now, as I urged when the Acceleration Bill was under discussion, we want the largest number of electors to vote on the new register. The election should take place as soon as possible after the register has been made, and I object to March being fixed on account of the long interval after registration and the possible disqualification of a large number of voters. I believe there would be no difficulty in getting the necessary printing done if the work is given to the proper firms, and I shall certainly support the Amendment.

* (6.19.) : There are just two points upon which I would say a word. The hon. Member for Marylebone said there is nothing to prevent the County Councils making the rate at an earlier period, but there he is under a misapprehension.

* : Yes, estimates can be prepared, of course, but the point is about the rate, and that cannot be made up until the close of the financial year. The right hon. Gentleman said that last year we did not make the rate until April 16th, but the rate was passed on the 7th, though it could not be formally made because the Treasury sanction was not obtained. Even so the Vestries have represented the great inconvenience of this having reference to their own statutory objections, and have strongly urged that the rate should be made earlier in April. It is said the new Council could hold their first meeting on March 16th, but then they have to elect chairman and aldermen, and to to form committees, which will take some days, and the result would be they would only have some 10 days to consider the estimates. Of course, the clerks would be preparing these in the meantime, but they would have to be approved by the new Council, and 10 days do not allow time for proper consideration. Some hon. Members advocate March because they say that the present Council ought to present the Budget for next year; but whether the election is in November or March, this will be done by the new Council.

(6.23.) The Committee divided:—Ayes 104; Noes 172.—(Div. List, No. 326.)

I beg to move in line 6, after "councillors," the insertion of the following words, "in each county shall be such day between the first and eighth day of March as the county councils may fix." This is consequential to the decision just arrived at. It is admitted on all hands that the county councils should have seven days from which to select a day most convenient for the election. It would not be desirable for the Councils to stereotype the day.

Amendment proposed, in page 1, line 6, after "councillors," insert "in each county shall be such day between the first and the eighth day of March as the county councils may fix."—( Mr. Heneaye. )

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

I rise to move the substitution of January for March in the Amendment. In our Council there are no political parties, so that the questions which have been discussed on the last Amendment do not arise. We are unanimous in desiring that the month should be January rather than March, and I trust that the right hon. Gentleman the President of the Local Government Board, whose desire is to assist the County Councils, will not set his foot down and refuse to consider my appeal. In the Eastern Counties March is about the most inconvenient month of the year. Though it is said that the days are short, and the weather is cold and gloomy, January has the advantage that it is a slack month—the slackest month in the whole year. There are fewer operations going on in the agricultural world, and in that month the fewest number of meetings are held. I will not repeat the arguments of the right hon. Gentleman the Member for the University of London, but as to the arguments of hon. Members opposite that in November the elections would have to be fought on the old register, I would point out that they would not apply to my proposal. In January the elections would be fought on the new register; and I would point out, further, in support of my Amendment, that the well-doing of County Councils depends upon the various committees of each Council being able to send in their reports to the Finance Committee in time for the preparation of the budget by the month of March. If the elections do not take place until March the financial reports will have to be adopted en bloc, and will have to be submitted to a Finance Committee that has had no experience. The right hon. Gentleman the President of the Local Government Board at first desired to fix the month of January for the elections, but he changed his mind in consequence of representations that were made to him. I trust he will revert to his first idea, and I, therefore, move my Amendment.

Amendment proposed to the proposed Amendment, to leave out the word "March" and to insert the word "January."—( Mr. Gurdon. )

Question proposed, "That the word 'March' stand part of the proposed Amendment."

I hope the right hon. Gentleman the President of the Local Government Board will not accept the Amendment now recommended to the Committee. The arguments which were urged at some length in regard to the previous Amendment are, in my judgment, applicable to the present case. There is nothing new to be said in suggesting that the date should be January rather than March. Whether we regard it from an administrative, or a financial, or any other point of view, it is impossible to fix any date that will not have some inconvenience, but the general balance of opinions points to the date in the Bill as the most convenient. I am not sure whether the hon. Member opposite is a representative on the Central Association of County Councils, but as I have the honour to be a member of that Association, and to have realised what is the general opinion of almost the entirety of the County Councils of England, I am in a position to inform the Committee that the enormous majority of the representatives of the County Councils on that Association have come to the conclusion that the proper date is March, and I hope that the right hon. Gentleman will adhere to that date. I may say, further, that it is at the instance of that highly representative Association that March has been put in the Bill. It was put in to meet their wishes, not suddenly expressed, but expressed after due deliberation and debate and vote. Over 40 County Councils have come to an unanimous resolution, and I regret that the hon. Member opposite has not been able to enroll himself amongst that large number who continued to impress on the President of the Local Government Board the enormous advantage of fixing March as the date—which date I hope he will adhere to.

I hope the hon. Member will not press the Amendment. He only speaks for the County of Norfolk. In every other county of England January is considered by far the most inconvenient month for the labourers. It is dark and cold, and very often there is a great deal of snow about. Besides that, in Lincolnshire the month of March will be convenient for other reasons. All the Michaelmas and Martinmas rent audits are being carried out in January, and that, therefore, would be an inconvenient month to have these elections going on. It would be inconvenient for another reason. Looking at the business before us, Parliament may meet early next year, and it would be inconvenient to have these elections going on at the time Parliament meets. At that season of the year, too, there are a large number of meetings being held for charitable and other purposes, and for these and other reasons I think it would be to the advantage of the general community to have the elections in March.

I am sorry the hon. Baronet opposite thinks it is a case of Norfolk against the rest of the country. However, I am quite sure the Committee will be willing to listen to what the people of Norfolk have to say, as there is a strong feeling in the County Council there, which has already been expressed by the Chairman (Mr. Gurdon). I think it is only right that we should state what is felt, without repeating the arguments used in the previous discussion, as to the inconvenience of the elections in March, just before the new Budget has to be produced. But I would bring before the Committee one point that has not hitherto been brought before it at all, and that is the inconvenience of having an election during the time that the House is sitting, and when probably every Member of the House is interested—or should be interested—in the formation of his County Council. In many cases Members are candidates themselves for the suffrages of the county voters, and it seems to me it would be highly inconvenient—unless the House were to adjourn for a week during the elections—for those of us who are interested in those elections to have to take part in them whilst Parliament is sitting. The hon. Baronet who has spoken is Chairman of his County Council, and there are many other Chairmen of County Councils in the House. I put it to those gentlemen who have to be elected or re-elected Chairmen whether it would not be excessively inconvenient for them to be elected whilst this House is sitting? Without arguing for or against January, I do think that March would be so inconvenient that the Committee ought not to agree to it.

* (6.41.) : As I am one of the Members of the House who will suffer inconvenience from the election taking place in March, I wish to give my reasons for supporting the proposal that the elections should take place in that month. It is true that holding the elections whilst Parliament is sitting will inflict a certain inconvenience on Members of the House, but what we have principally to consider is the convenience of the localities and of the electors of the County Councils. I can fully confirm everything that my hon. Friend and Colleague (Sir R. Paget) has said as to the opinion of the County Councils as a whole. At a largely attended meeting of the Executive of the County Councils it was unanimously agreed that March was better than January, and the reason, I think, is obvious. The days are longer and the weather, as a rule, is much better. For myself I fail to see any countervailing argument that has very much weight. The financial argument has been raised. Well, in our county the Finance Committee meets, as a rule, in the latter part of March in order to prepare the Estimates for the April meeting. If the proposal of the Bill is adopted the Finance Committee of the new County Council will be able to meet in the latter part of March and the Estimates can be dealt with in due time. I do not think there will be such a great break in the continuity of the County Councils at the next election as some Members seem to think. As a rule the old members will be elected or, at any rate, many of the members will have had experience and will be able to prepare the Estimates. I hope the Government will stick to their proposal.

* (6.44.) : I will not weary the Committee by repeating the arguments I used in the last Amendment, but I desire to say a word on behalf of the Chairman of the Finance Committee and the officials of the London County Council, and to support the hon. Member for Norfolk. If we cannot have November we should prefer January to March, for the reasons I have stated. The hon. Member for Somerset says we have to consider the convenience of the constituents and the electors. But there is something else to be considered besides that, and that is the business of the County Councils themselves. In the counties the organisation is simple and the finance is simple, but in London we stand on a different footing. We strongly support the Amendment. If we are to be considered a County Council we must have the advantages of the position, and in that case Norfolk does not stand alone in urging this Amendment on the favourable consideration of the Government.

* : The right hon. Gentleman frankly acknowledges that the same arguments cannot be advanced for this Amendment for the counties as advanced for London.

* : I am not speaking for any place but London. I should not presume to speak for the counties.

* (6.46.) : It is evident the financial question is much more important in London than in the counties. I understand that, at any rate, so far as London is concerned, the question was considered and decided practically by us as between our date and the date proposed by the right hon. Gentleman. Of course, if the hon. Member opposite succeeds in persuading the Committee to alter the date from March to January, the situation of London will change accordingly. But we consider that March ought to be adhered to in the Bill. I do not wish to enlarge on the argument because a mere statement of the facts is enough. That has been made by the hon. Baronet the Member for Somersetshire, and I can bear out what he says, namely, that so far as we are able to gather the opinion of County Councils generally in the country, they are, with the exception of Norfolk, certainly in favour of March. It is not, as the Chairman of the Norfolk County Council has said, a political question in the counties, whatever it may be in Landon. That is evident from the deputation that came to me to urge that March should be the month. It was composed of the hon. Member for Somerset, Mr. Andrew Johnson, Chairman of the Essex County Council—at one time known as a staunch Liberal—and Lord Thring; and Mr. Hibbert was to have been present but was unable to attend. The mention of these names will show that the deputation was of a non-political character. What are we to do? We have the opinion of the Executive of the County Councils Association, who say that they are unanimous on the question. We have had from almost every county in England—at any rate, from an enormous majority of them—representations in favour of March in addition to the representations I have spoken of. The sole county in England that has made any representation against March has been Norfolk. I am sorry we are not able to please the County of Norfolk, but I hope if the Committee assents to the retention of March that experience will show that the County Council of Norfolk is wrong in the position it has taken up, and that all the rest of the counties are right. I have very little doubt that that will be the result. I should very much deplore any inconvenience arising to any county, but we feel bound to adhere to what we believe to be the views of the immense majority of the counties.

I trust the House will be perfectly clear that in supporting the progressive majority on this question, we, on this side of the House, are not actuated by those political motives which have been thrown in our teeth. I wish to make it perfectly clear to the House that I give the most absolute and categorical denial to the statements made with respect to the progressive members of the County Council being actuated by any political influence brought to bear by Mr. Schnadhorst or anyone else.

Question put, and agreed to.

Original Question put, and agreed to.

Amendments agreed to:—Page 1, line 6, after "councillors," insert—

"(2) The ordinary day of retirement of county councillors shall be the eighth day of March in every third year, and on that day the county councilors then in office shall retire together, and their places shall be filled by the newly-elected councillors, who shall come into office on that day."

Page 1, line 6, leave out "and," and insert "(3)"; page 1, line 6, after "March," insert—

"Or such other day within ten days after the ordinary day of retirement of county councillors as the council of any county may from time to time fix for that county."—( Mr.Heneage. )

* : I have put on the Paper an Amendment providing that each County Council shall have the power to fix, not only the day, but the hour of its meetings. This is most important because, owing to the long distance many members have to come, the hour at present fixed by Statute is sometimes very inconvenient.

Amendment proposed, after the word "councillors" in the last Amendment, to insert the words "and at such hour."—( Mr. Hobhouse. )

* : The words suggested by the hon. Member will not do as they are, but I agree that if we fix the hour of the first statutory meeting the County Council should have the power of fixing its own subsequent meetings, and I will take care the matter is put right.

Amendment, by leave, withdrawn.

Further Amendments agreed to.

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

I beg to ask my right hon. Friend whether it is evident that the whole of the elections in each county shall take place on one day.

* : The elections for the whole county will take place on the same day, but the days may differ in different counties.

Question put, and agreed to.

Clauses 2, 3, 4, 5, and 6, agreed to.

I beg to move the following new clause which stands in the name of the hon. Member for Tewkesbury (Sir John Dorington) namely:—

"The declaration required under sections thirty-four and thirty-five of The Municipal Corporations Act, 1882,' to be made by a person elected to a corporate office may be made within ten days after notice of the election, or within such extended time, if any, as the county council may authorise, not exceeding three months from the date of the election."

The object of the clause is very simple, and refers to the extension of the time during which the declaration of persons elected to corporate offices may he made. It will easily be seen that cases may arise in which it would be very advisable to have such an extension of time as is here proposed, and I would point out that there is a sufficient limitation contained in the words at the end of the clause, not exceeding three months from the date of the election.

New Clause (Amendment of 45 and 46 Vic. c. 50, ss. 34, 35, and 51 and 52 Vic. c. 41, s. 75, as to the declaration by a member of the council,)—( Sir R. Paget, )—brought up, and read the first and second time and added.

Schedule amended, and agreed to.

Bill reported; as amended, to be considered to-morrow, and to b3 printed. [Bill 404.]

STAMP DUTIES BILL.—(No. 304.)

As amended considered.

* (7.5.) : I beg to move the new clause standing in my name, after Clause 23, insert the following clause—

A Clause (Certain agreements under seal to be chargeable as if under hand,)—( Sir Albert Rollit, )—brought up, and read the first time.

Motion made, and Question proposed, "That the Clause be read a second time."

* (7.12.) : My hon. Friend has exactly foreseen the answer I am about to make to his proposal. When the matter was brought before the Grand Committee it was then stated that the proposal was one which would interfere with the Revenue, and it was suggested and maintained by the Chancellor of the Exchequer, that it would be intolerable to introduce into this Bill any alteration in the method of charge affecting the Stamp Duty. That is a matter which must be dealt with on a different occasion, and in a different way. As my hon. Friend says it is not a large matter, as far as the amount affected is concerned, but as a matter of principle, I hope he will be content with having raised the point, and will reserve it for consideration to another time.

Question put, and negatived.

The object of the Amendment I rise to move is, that the sum of £14 in the shape of Stamp Duty now paid by the Imperial Exchequer to the Irish Benchers shall in future be paid to the Solicitors of Ireland belonging to the Incorporated Law Society. In 1791, an arrangement was made by which this money should be paid to the Benchers who then had control over the Solicitors, as a fund in connection with the education of their apprentices, and I am not disposed to say that the arrangement was unreasonable at that time. But a quarter of a century ago the Solicitors of Ireland became an Incorporated Body, and ceased to have relations with the Benchers in regard to the education of their apprentices. Nevertheless this fund has ever since remained in the hands of the Benchers, who, as I have said, formerly discharged the duties now undertaken by the solicitors. It is obvious that this inequitable and grotesque arrangement ought to be brought to an end as speedily as possible. I am aware that the Benchers raised an ingenious plea when the Society of Solicitors was incorporated and this point was brought forward. The Benchers said this money was given to them in 1791 and in respect of the education of apprentices, but in view of the rent of the Four Courts in Dublin. There is no doubt that by Royal Charter the site of the Four Courts was conveyed to the Benchers, but the Charter given to the Benchers reserved all the rights of the Crown, and as the Four Courts were held on their present site from the time of Elizabeth, the Benchers can have no right whatever to any claim for rent in respect of the site on which they stand. I am informed by the Secretary of the Law Society of Ireland that the Chancellor of the Exchequer has promised to make an inquiry into the matter. It is, I think, open to comment that now this Bill is before the House, the Chancellor of the Exchequer is not in his place.

The Chancellor of the Exchequer is away on other public duties.

That would be an excellent reason for postponing this Bill, but it is hardly a good reason for the absence of the Chancellor of the Exchequer when the Bill is before this House. At any rate, he promised to consider this matter before the Report stage of the Bill, and I trust the Government will, under those circumstances, accept my Amendment. I hope my hon. Friend will assist me in pressing on the Government for a fulfilment of their pledge that the inquiry promised shall be held before this Bill is passed.

Amendment proposed,

In page 11, line 16, to leave out from the word "treasurer," to end of Clause, and insert the words "Incorporated Law Society of Ireland, and shall be applied as the council of that society shall from to time direct."—( Sexton. )

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

* (7.22.) : As I was one of the two or thee Members who introduced this matter to the Grand Committee I will say a few words upon it. So far as the circumstances are brought to my knowledge, they point to the conclusion to which the hon. Member has referred, namely, that these funds are not at present devoted to their proper purpose, and that those who discharge the duties referred to ought to receive the recompense. Although it is said that some agreement exists which would displace that conclusion, I have not yet seen it. Therefore, in the general merits of the question, I agree with the hon. Member opposite; but I must differ with him as to what passed before the Committee. I think he is under a misapprehension. What I understood was that the Chancellor of the Exchequer promised an inquiry into the whole matter, but I hardly understood it was to be an inquiry before the Report stage of the Bill, indeed, such an inquiry could hardly have been undertaken so soon. I trust, however, that such an inquiry will be made, and will take place without undue delay. Moreover, I think it will establish the conclusion to which the hon. Member has arrived. If he insists on pressing the matter to a Division, I feel so strongly on the principle asserted by his Amendment that I may feel it my duty to vote with him; but I think that the best way of arriving at a definite conclusion is to assume that, not only will an inquiry be instituted, but that it will have the result he suggested.

* (7.27.) : Without going into the merits of the question between the Incorporated Law Society and the Benchers, I submit two reasons why the House should not, on the passing of this Bill, come to any conclusion on the subject of the Amendment. The first is that it is a Consolidation Bill, and a proposal to divert a considerable sum of money from one important body to another is not a proper subject to be dealt with in such a Bill. The second reason is that the Chancellor of the Exchequer has promised an inquiry into the matter, and from the nature of the case the inquiry could not be completed in time for the Report stage of the Bill. Although I do not ask the House to go into the merits of the question, I must say a few words in reply to what has fallen from the right hon. Gentleman opposite. There would be much in the case he has put forward if these fees had been granted for services rendered by the Benchers in the matter of educating solicitors' apprentices. But I must point out that these stamp fees were really received by King's Inn in lieu of rent for the site of the Courts, and the arrangement was made as long ago as the last century during the construction of the buildings. This was stated in the Report of the Benchers in 1859, before the Act of 1866 referred to. It is urged that it was not challenged in any way at the time, nor for many years after. The payment commenced in 1791, years before the west wing of the building, now called the Four Courts, was completed, but the building took several years, and it was evidently pending its completion that the arrangement was entered into. There is no doubt that the site of the Four Courts was the property of the King's Inns. This is abundantly proved by charters, Acts of Parliament, and other evidence, going back for several centuries. I have no right to speak on behalf of the Benchers, but I have no doubt that they court the fullest inquiry into the origin of the arrangement under which they receive from the Crown the payments in question.

I think it is a pity that the right hon. Gentleman the Secretary to the Treasury, who must be fully informed on the point, did not tell the Attorney General for Ireland what was to be the nature of the inquiry promised by the Chancellor of the Exchequer. I do not pretend to form an opinion as to what may be the result of an inquiry, which is admitted to be much needed. It may be there is something to be said for the contention of the hon. and learned Gentleman that these fees are paid by solicitors' apprentices in Ireland as rent, but surely if it is necessary that rent should be paid, it might be raised in some other manner. It might be paid, for instance, in the same way as compensation was paid for the land acquired for the Royal Courts of Justice in London. These Courts were put up at the Imperial expense, towards which the Irish taxpayer contributed, and why should not the Royal Courts in Dublin be placed on a like footing? But looking at the documents which have been placed before us, I think there is very slight ground for the theory that this was a rent. Hence the necessity for an independent inquiry, as a plain answer has not been given to my hon. Friend's question. I hope he will press his Amendment to a Division. Surely the Government can tell us what sort of inquiry it is intended to institute, who will conduct it, if it will be public, and if all the persons concerned will have an opportunity of being heard.

The Chancellor of the Exchequer promised to look personally into the matter, and also expressed a desire that an inquiry should be held, so that he might be assisted in arriving at a conclusion on the merits. Hon. Members probably know that there has been a correspondence going on on this matter for some time. The Treasury desire to take up a perfectly impartial position. I am not quite sure what kind of inquiry it is possible to institute. The Chancellor of the Exchequer has no power to compel either side to appear before him against their will.

He can tell them that if they do not come he will stop this source of revenue.

That would be a rather strong course to take, and I am not quite sure he has power to do it. He would like to see an inquiry held by some gentlemen agreed upon by the Benchers of King's Inn on the one hand, and the Incorporated Law Society on the other. After such inquiry he will be prepared to introduce legislation, if such is necessary, in order to settle the matter upon equitable terms.

On that understanding I withdraw my Amendment.

Amendment, by leave, withdrawn.

Other Amendments made.

I rise to move an Amendment in the Schedule, the object being to omit words providing that the Stamp Duty shall be 1d. on a lease of any dwelling-house, for any dwelling-house or part of a dwelling-house at a rent not exceeding the rate of £10 per annum. I have no doubt I shall be met by the objection on the part of the Solicitor General that this being a Consolidation Bill no change in the law is intended, but I will point out that, as the law now stands, it is only in Scotland that leases for one year, where the rent is under £10, can be stamped with a penny stamp. But by this Bill an alteration of the law is proposed, because it is sought to extend that provision to England and Ireland. Of course, I do not take exception to that. By all means let the law be uniform, although I believe I could show good reasons why this provision should apply only to Scotland, as there the leases are usually verbal, while in other parts of the United Kingdom they are in writing. I contend that by making this alteration in the existing law you open the door for my Amendment. In the case of Scotland it is felt that the law by which the same Stamp Duty is charged for a lease for one year as for one of 35 years is a very great hardship. In Scotland the practice is to have one year verbal leases, whereas in England the leases usually run for 7, 14, or 21 years, and as the Stamp Duty is the same for one year as for 35 years, the result is that the people of Scotland have to pay it 7, 14, or 21 years as often as the people of England have to. In Scotland this is felt to be a very great grievance. As the practice of having verbal leases is often found to be inconvenient, it is proposed that the leases should be in writing, and that the Stamp Duty should be a penny, no matter whether the rent is under or above £5. It may be said that there should be a difference made between a £10 and a £100 rental, but there is a clear answer to that, inasmuch as a penny receipt can be given for any amount. I believe that as a matter of fact in Glasgow hardly a single lease for a year has the Stamp Duty paid upon it; but if the clause is insisted upon as it stands, tenants will be put to the inconvenience of having a mere verbal agreement instead of an agreement reduced to writing, and therefore the Exchequer will not reap any benefit at all by this Stamp Duty. It is unfair to raise revenue in a form which enables 99 people out of 100 to evade contributing to it; taxation should be on a fair and equitable basis, so that everyone should contribute a fair share. The Revenue would gain, and not lose, by the adoption of this Amendment. This matter was placed before the Chancellor of the Exchequer recently by a deputation from Scotland, and the right hon. Gentleman seemed impressed by their arguments. He promised to consider the possibility of making the change asked for, and I do urge that this is the only convenient opportunity likely to arise this Session. I may add that this matter affects the general public even more than landlords.

Amendment proposed, in page 63, line 31, to leave out from the word "at," to the word "annum," in line 32, both inclusive.—( Mr. Caldwell. )

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

I can only make the answer which was given by the Chancellor of the Exchequer when the same reasons were advanced by the hon. Member in Committee. The hon. Member suggests that the proposed change would lead to an increase in the Revenue of the country, but that is not the view of the Chancellor of the Exchequer. But whether there will be an increase or a diminution, this is a matter which belongs to a Budget Bill, and not to a Consolidation Bill. Surely the burden of taxation upon a particular class is not an admissible topic to enter upon when the House is considering the consolidation of the laws relating to Stamp Duties.

The Solicitor General has not replied to my hon. Friend's arguments as to the alteration which the Government is proposing to make in the law in the interests of England and Ireland. Of course we do not object to the extension of the privilege of a penny Stamp Duty.

But still it will affect the Revenue. I think good grounds have been made out for adopting this Amendment. There is a great consensus of Scotch opinion in its favour, and we believe that while it will increase the revenue, it will put contracts in Ireland on a more satisfactory footing.

I may state in fairness to my hon. Friend it is the tenants rather than the property owners who will gain by this change. In the case of verbal leases it is necessary to have a witness, and that witness is usually someone in the employ of the landlord or his factor, therefore any dispute usually results unfavourably to the tenant. I think my hon. Friend has done good service in bringing this matter forward. His proposal would ensure complete uniformity throughout the United Kingdom, and I do submit that this is an opportune moment for making the change. In the past the Chancellors of the Exchequer have been obstinately blind to their own interests in this matter. I trust that my hon. Friend in order to emphasise his protest will press the Motion to a Division.

The Amendment expresses the general sense of inconvenience felt under the present system. It is obvious that a verbal instead of a written agreement must lead to enormous inconvenience. I would suggest that there should be a penny duty on leases under £25. If no concession is made, I hope my hon. Friend will go to a Division.

(7.56.) The House divided: —Ayes 74; Noes 40.—(Div. List, No. 327.)

Bill read the third time, and passed.

Stamp Duties Management Bill. (No. 305.)

As amended, considered; read the third time, and passed.

Western Highlands and Islands (Scotland) Works Bill.—(No. 396.)

Committee

Considered in Committee.

(In the Committee.)

Clause 1.

I beg to move the insertion of the words "the county council of Ross and Cromarty and the district Council of Lews" after the word "Scotland," in line 10. The Chancellor of the Exchequer gave us a promise the other night that none of this money would be spent except with the consent of the County Council of Ross and Cromarty and the District Council of Lews. I think it would be quite as well if, instead of having a mere understanding to this effect, we inserted distinct words in the Bill.

Amendment proposed, in page 1, line 10, after "Scotland," to insert "the county council of Ross and Cromarty and the district council of Lews."—( Dr. McDonald. )

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

I hope the hon. Gentleman will not press the Amendment. The Government entirely adhere to what the Chancellor of the Exchequer has said, namely, that no roads in the island will be proceeded with under the present scheme, except with the approbation and concurrence of the County Council. It will be obvious to the hon. Gentleman that the Central Governing Authorities which have the duty of dispensing this money, and are responsible for it, stand in a different statutory position from the County Council. The hon. Member will be satisfied, I hope, with the assurance that the County Council will be taken along with the Government in what is being done, and I am happy to know that matters are even now harmoniously proceeding in the communications with the Local Authorities.

I hope my hon. Friend will not think it necessary to press this Amendment. At the same time, the Chancellor of the Exchequer got this special Vote on the express condition that the County Council or District Council was to determine as to the expenditure of the money. I held then, as I hold now, that to expend £15,000 on the Carloway road would be a misuse of the money; and probably the Secretary for Scotland is already aware of that from the representations of his engineers.

In face of the assurance of the Lord Advocate I beg to withdraw the Amendment.

Amendment, by leave, withdrawn.

Clause agreed to.

Clause 2.

I beg to move to add to Sub-section 3 of the clause the words

"The county council may also, before resolving to proceed as aforesaid, determine the boundaries of the special harbour or local works district, and such district shall be liable to special taxation under sub section (25) hereof."

My Amendment is intended to facilitate the object of the Bill. The Government evidently intend that there shall be small harbours, piers, and boat slips made for the convenience of the crofters in the localities, and what I propose is that these various little communities shall be formed into special districts with the object of getting a local contribution towards the work. For that purpose it is necessary to form them into a special district, following the principle of the Public Health Act, which sets up special drainage and water districts. We cannot expect the people of Ross-shire in the mainland, far away from the sea, to be heavily taxed for the purpose of a harbour away on the west coast. The Amendment, therefore, is to form a special harbour or works district whereby the parties, both landlord and tenant, who are to get the benefit of the works shall contribute towards them in the only way in which we can get contributions from a locality.

Will the hon. Gentleman allow me to move an Amendment in the previous line? [Mr. CALDWELL: Certainly.] I am anxious that Nairn should be included amongst the counties that are to get the benefit of the Bill. I have a very considerable acquaintance with the County and Borough of Nairn. The people of Nairn are essentially of the sameclass as those to whom the Bill applies. They are engaged in the same fishing, and require the same harbour accommodation; and as they have already got a harbour, which, however, does not meet the necessities of the case, I trust the Lord Advocate will see his way to accept the Amendment.

Amendment proposed, in page 2, line 13, after "Cromarty," to insert "Nairn."—( Mr. W. M'Laren. )

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

One result of there being no notice of this Amendment is that the hon. Member for the county (Mr. Seymour Keay), who is chiefly interested, and whose assiduity is unquestionable, is not present, and I therefore rather conjecture that the County of Nairn does not substantially desire the benefit suggested by the hon. Gentleman, who, with great deference, is quite an outsider. The proposal, however, is subject to very great objection. If there is to be a competition of this kind raised, every Scottish Member will at once come forward with a claim on behalf of his own constituency. The matter must be regarded strictly within the four corners of the Vote, and the proper time for raising any question as to the scope and application of the grant was when the Vote was taken.

I may be permitted to say that I am not altogether an outsider, for on a former occasion I was a candidate for the burghs of which Nairn forms one. One that occasion I pledged myself, at the earnest request of the people of Nairn, to do anything I could to forward their interests.

Question put, and negatived

Amendment proposed,

In page 1, line 14, after "gift," insert "the county council may also, before resolving to proceed as aforesaid, determine the boundaries of the special harbour or local works district, and such district shall be liable to special taxation under sub-section (25) hereof." —( Mr. Caldwell. )

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

The proposal of the hon. Member (Mr. Caldwell) is open to very serious objec- tion. The proposal of the Government is that the body which is to have the responsibility is the County Council; and, accordingly, the natural area of rating is to square with the area for which the administrative body is elected, namely, the county. The effect of the hon. Gentleman's proposal will be that members of the County Council, drawn from other portions of the county, will have no compunction at all in the matter of administration if they can put the cost upon one district which they do not represent. Several hon. Members must be aware of the exceedingly heavy rates which exist in some parts of the Highlands. The County Council has this year been representing that the burden on the ratepayers in the Island of Lews is excessive and intolerable. Therefore, I cannot say that I think we would be justified in proceeding to pile on heavy rates of this kind, and I trust the Committee will not agree to the Amendment, which is really unnecessary.

With regard to this Amendment, I feel we have not had time to ascertain the feeling of the County Councils themselves. The Amendment is one which is particularly fitted to be remitted to the County Councils for consideration. At the same time, I quite agree with the Lord Advocate that there are difficulties in the way. It would be a grievous burden, indeed, for poor localities to have a special rate imposed upon them for harbours. I do not feel competent to express an opinion on the matter one way or another; but, at the same time, I certainly appreciate the difficulties suggested by the Lord Advocate, especially having in view the peculiar circumstances of some of the districts.

There are very considerable difficulties in dealing with this subject. The Island of Lews requires a great many harbours; but as most of the members of the County Council belong to the mainland, the difficulty is to get that body to proceed in the matter. From that point of view, I can see a difficulty in assenting to the proposal of my hon. Friend. The Island of Lews may be sacrificed by the mainlanders, because they would have to bear the brunt of the taxation, getting nothing of the benefit. That is an important point, and I should like to know how that can be avoided.

I have a similar Amendment, to permit a special assessment in a parish as well as in the county, but my proposition is only a 1d. rate for the whole parish. The Amendment of the hon. Member goes beyond that; he would permit a 6d. rate in addition to the 1d. rate for the county. This certainly contemplates a large rate, but I do not see why it should not be inserted in a permissive form, for there is a great deal to be said in favour of special areas of taxation. The only question is, whether you should have a smaller area than the parish, and whether there would not be bookkeeping difficulties in the working of the scheme. It would tend very much to remove difficulties if the County Council could come to terms with a parish, or those who desire the outlay, by which those particularly interested should take upon themselves voluntarily an extra rate. Under such circumstances, I think you would have more works carried out by the County Council, and I think perhaps a 3d. rate would be sufficient. I do not think very much harm could be done, for it would only apply within a special radius, and to one or two parishes, for, of course, a harbour might benefit adjoining parishes. The decision should be arrived at by a decisive majority of the ratepayers—say three-fourths or two. thirds —and, of course, the machinery for this would have to be provided. It could not do much harm, and it might enable the County Council to carry out schemes for the benefit of a particular parish, which otherwise they would be unwilling to undertake. I am in favour of some proposal of this kind.

The proposal of the hon. Member is that a 6d. rate should fall upon one district after the whole of the county has been assessed at ld., the 6d. rate not being exacted by the County Council. I think the logical mind of my hon. Friend has overlooked the objection there is to this. A heavy burden might be imposed upon the Island of Lews, from which the mainland would be exempt; and the island would have but a fractional share in the administration, to the extent only of its representation on the Council. There is, I think, the gravest possible objection to the scheme, on the ground that it would make one set of people administrators while other people were to find the money. I do not think that it is necessary, plus the rate which the Bill proposes, to hold out the prospect of a 6d. rate; not only is it unnecessary, but the idea would have an injurious effect by frightening people as to future taxation. The prospect of a 6d. rate would, I think, have a tendency to rather retard than advance an improvement.

There is nothing novel about the proposal to impose an exceptional rate on a particular district; it is precisely what we have in the Public Health Act. I am anxious that this amount of money should be availed of to the fullest extent, and that works should not be hindered, because they will confer a benefit only on a limited area, the county, as a whole, not being interested. Of course, the 6d. rate may seem a large addition to the already heavy local burdens; but the effect of making harbours will be enormously to add to the industry and well-being of the people, and the consequence will be that there will be less poor rate to pay. That is the meaning and intention of the proposal. But, of course, I do not wish to interpose any obstacle in the way of carrying out the scheme of the Government. I suggest this as a means whereby I think works would be undertaken and carried out through the increased interest in a locality. I have no wish to press the proposal. (8.38.)

I would ask the hon. Member to withdraw the Amendment in order that the matter may be considered before Report, and because the hon. Member for Nairn, and another hon. Member who is interested, are not here. The hon. Member for Sutherland has only one island; I have only one, and my hon. Friend sitting near me (Dr. McDonald) has only one. The islands will be seriously affected by this; and as there is no machinery for ascertaining the opinions of the people, who should be largely in favour of it before they are taxed, I think it would be better for the Amendment to be withdrawn at present so that the subject can be raised again on Report.

I agree with my hon. Friend in thinking that the Amend, meat should be withdrawn for the present. It is true, as the hon. Member beside me has stated, that I represent only one island, but that island is a large one, containing 7,000 people, and it is important that they should not be sat on by the mainland. And yet that will happen in the case of all the islands unless something is done in the direction of this Amendment. I think, however, that we should take the matter up on Report in a much more drastic manner than we do now, and provide means to prevent the islands from suffering injustice.

There is a provision in the Bill whereby a rate may be levied on those using the harbour. That may be right, but what we want to insist on is that these harbours will be of immense service to the mainland within a certain area. The landed proprietors will derive benefit from the works being in their neighbourhood, and yet there is no power to compel them to subscribe. The object of the Amendment is to impose a certain taxation on those who certainly will reap enormous benefit from the works. Taxation should be imposed not only on the landlords, but on the tenants. I recognise that we should require a large amount of machinery for the creation of the necessary Local Authority to carry out the Act within the district to be benefited. That machinery can only be provided by a succession of clauses to be introduced on Report. With the object of giving an opportunity for those clauses to be prepared I withdraw the present Amendment. The Government will understand that I do not wish to place any obstacle in the way of the carrying out of the Bill, but that my desire is to make the measure more efficient.

Amendment, by leave, withdrawn.

I beg to propose an Amendment to permit the County Council, if they think proper, to use the special grant made under the Local Government Act, 1889. Under that Act £10,000 was given to the counties, a limit being attached to the use of it. This Amendment will enable them to make a special subscription towards harbours, piers, or boat slips from that money. There will also be a Supplementary Estimate giving to Scotland an equivalent to the assisted education grant in England. This will probably be only for one year, and the great bulk of the work will be carried on for only one year. This Amendment will permit the County Council to use the sum during the year for the development of the piers and harbours. It is only a permissive clause. I do not know what the supplementary grant will be, but I understand there is to be one given to Scotland, and I therefore wish to give them permissive power to spend it in this way.

Amendment proposed,

In page 2, line 14, after "gift," to insert "The county council may also use their portion of the ten thousand pounds granted to them by the first sub-section of the twenty-second section of 'The Local Government (Scotland) Act, 1889,' and any sum that may be granted to them by the Supplementary Estimate making a grant to county council in Scotland equivalent to the assisted education England grant as a subscription towards the construction of any small harbour, pier, or boat slip."—( Dr. Clark. )

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

As regards the Supplementary Estimate, I do not think it would be wise to adopt any such proposal. The Government have indicated to the House the proposals they are prepared to make on the subject, and it would be departing from the very general and entirely uncontroversial proposal which has been made—as to the application of the sum to be given to Scotland—if we were to accept an application to any specific purpose, such as the hon. Member suggests. I therefore hope that the House will not encourage the suggestion. As to the sum of £10,000 granted to the Highland counties under the Act of 1889, I have something quite different to say. I cannot help thinking that that is a very good idea. I believe the hon. Member for St. Rollox has made a suggestion of a more general kind in a new clause he proposes to move. In the Amendment under consideration the hon. Member proposes to authorise any County Council, if so advised, to take its share of the £10,000 and give it as a subscription to a proposed new harbour. The Member for St. Rollox in the new clause proposes that in place of that the share of the county shall be available for the purposes of the Act. I do not suppose the hon. Member for Caithness attaches any special importance to a county taking the initiative, and paying down as a subscription its share, and probably the hon. Member is in general sympathy with the Member for St. Rollox. The best plan of harmonising these views, and giving effect to the hon. Member's own idea, would be to invest a power in the County Council at the end of Sub-section 26 to make available their share of this money for the making up of any deficit which might arise upon the construction of harbours, of which the County Council were the administrators. I would therefore propose to insert, at the end of Sub-section 26, the following:—

"Provided also that for the purpose of meeting any such deficiency the county council may apply any moneys falling to thorn under the provisions of section 22, sub-section 1, of 'The Local Government (Scotland) Act, 1889,' as if such purpose were one of the purposes to which such money may be applied under the provisions aforesaid."

In general, therefore, I accept this Amendment, but I should propose that the words I have quoted should be inserted at the end of the sub-section.

I do not think that would serve the object I have in view. What I desire is that if the County Councils want to get the Government to spend money for harbour construction they shall back it up by themselves, giving a proportion of the special grant which is given only to those counties. I want the County Council to have this money, and to be able to give a subscription or a grant towards any scheme which they think ought to be carried out. They have now the power of using this £10,000 for any purpose they think proper in reducing taxation. They also have the power of using the residue of the grant either for the purpose of reducing taxation or for technical education. I desire that they should be able to use the sum given by this Bill either for promoting the establishments of piers and harbours or for reducing taxation. The 26th clause only affects works that have been constructed out of money granted by Parliament, which money has not been sufficient to defray the whole cost of construction. I want to go beyond cases of that kind.

The £10,000 was granted to the Highlands in connection with exceptional works, and if this Bill had been before Parliament at the time there is no doubt that the sum would have been specially appropriated to the objects mentioned in it. As it is, the £10,000 might be held not to apply to the purposes of the present Bill. It is true that if the money is applied to other purposes there will be less taxation, but there is this difficulty: that Sub-section 26 applies to any case of deficiency in construction. I intend to move to leave out the sub-section altogether; and, therefore, I can hardly consent to a proviso being added to a proviso which I think had better be left out altogether. The object of my Amendment is to give to the County Council the power to apply the £10,000 to the purposes of this Bill in the same way as money is applied by the Local Government Act to the purposes of that Act.

I should be inclined to accept the hon. Member's proposal with this modification, that in lieu of the words "purposes of this Act," the words shall read "purposes of Sub-sections 25 and 26 of this Act." I agree with him that what we aim at is to strengthen the resources of the counties referred to out of this fund for the purposes of harbours, and I ask how can we do that better than by placing at their disposal for the purposes of the Act the moneys in question? You will give them good heart to enter on these works by the additional resources placed at their disposal.

Are we to take it that the right hon. Gentleman means for the cost of harbours as well as for the construction of harbours for the purposes of the Act?

The hon. Member surely does not suppose that Sub-sections 25 and 26 will have that effect.

I will wait and see what else may be proposed, and, in the meantime, will ask leave to withdraw my Amendment.

Amendment, by leave, withdrawn.

I now beg to move as an Amendment, in line 17, after "from," to insert " the district committee, or." This will require that the County Council shall concur with the District Committee, and I would point out, as showing the necessity of this, that in these islands there is no one to take the lead in such matters, and where they have to send to Glasgow for an engineer to prepare plans and estimates the expense is very considerable. If the District Committee are consulted about these matters they can act for the whole of the Islands, and can take the lead in these matters with the money at their disposal, inasmuch as they have the taxation of the district at their back. If, however, it rests with the persons locally interested to incur the preliminary expenses, the Act will frequently be inoperative, because those in the locality will not undertake the cost.

Amendment proposed, in page 2, line 17, after the word "from," to insert the words " the District Committee or."—( Dr. McDonald. )

Although this is only a small matter, I hope the Committee will stand by the Bill as it is. I ask, is it too much to say that the persons locally interested shall be at the initial cost of the plans? The proposal of the Amendment is that, as those locally interested are unable to bear the expense, it shall fall on us; but the first condition of applying for Parliamentary money is that, where there is a desire on the part of those living in a particular locality to have certain works done for their benefit, they should at least go to the expense of proving that those works are really essential.

But if in some of these localities the persons locally interested are to be at the preliminary cost, how are you to get them to act? If you form them into a district you will then have a body able to do what is necessary. If you formed the localities into districts the districts would be taxed for the preparation of the plans. How, under the proposal of the Bill, are you to get at the persons locally interested? Who are they? How is it possible for the County Council to levy a tax upon them? If you propose to tax the people locally interested you must form them into districts and create some kind of autonomy whereby you can assess them.

:I concur in the objection of the Lord Advocate to entertain a proposal of this kind unless there are some means of getting the initial cost from the people locally interested. At the same time, I think the right hon. Geetleman will admit that as the Bill stands it is hardly fair, because if you make those locally interested the responsible parties and entrust them with the duty of preparing plans, and the County Council, which is to be consulted, are to recover the money from those locally interested, that does not seem to be a businesslike proposal. Therefore, I think the alternative is to leave the expense with the County Council, or to put it, as the hon. Member for St. Rollox proposes, on the District Committee.

The whole question is this: By this Bill we say that an application in respect of these works is to be forwarded to the County Council, but the people forwarding these applications are not to spend the county rates in obtaining plans and specifications for works that may prove to be abortive.

I am inclined to support the Government in this matter as the result of my experience of the Crofters' Act in regard to the provision of boats. I would point out that under Sub-section 3 the County Council have, first, to see what local support is to be given, and if the people of the locality are not prepared to subscribe the cost of the plans the works can hardly be worth having. The amount is very small, and there are always local engineers employed at the different harbours from whom plans and specifications may be had at a very slight charge. I think the districts immediately concerned ought to subscribe. They may get subscriptions from the landlords. In one of the islands there were two landlords who were willing to subscribe £50 each for preliminary expenses, because they knew they would benefit from the increased value of their land caused by the new harbour works as much as the crofters.

I did not suggest that it was for want of public spirit that the people locally interested would not pay the preliminary expenses, but because they could not afford it, My hon. Friend on my right says, "If a locality will not pay it ought not to be helped." But there are many who are so poor that they cannot spend the money. Are they not to be helped? I say it is not right to compel a few persons to go to this expense, and refuse to back them up if the works they ask for are not made. In a great many of the islands this Act will prove useless for want of means to pay the preliminary expenses.

Amendment negatived.

Another Amendment made.

I now move to leave out Sub-section (26). As the Bill now stands there is no limit to the amount of taxation imposed. This is an important matter, because in the case of harbours it is almost impossible to tell what the cost will be. It is provided that the locality getting the benefit of the works shall be liable to special contributions respecting them; and I think it most unfair that the adjacent landed proprietors, whose property will be immensely improved by these works, are not to be called upon to contribute any more than landed proprietors living 25 or 50 miles away. The whole county assessment should be liable for any deficiency in the construction of the works.

Amendment proposed, in page 7, line 34, to leave out Sub-section (26).—( Mr. Caldwell. )

Question proposed, "That Sub-section (26) stand part of the Clause."

I do not think the hon. Member will seriously press this proposal. The case is simply this: The County Council approach the Government with a plan for a harbour and undertake to do the work. They therefore derive all the benefits arising from the administration of those works, but the hon. Member proposes that nevertheless they are not to be liable for any deficiency in the cost of construction. I say that that is a plan which has no bottom in it, and which merely gives a sham system of administering harbours to the body which has undertaken their construction. For Parliament to sanction a proposal of this kind would, in my opinion, be utterly absurd.

We have had one or two serious examples of what may happen in regard to the construction of these works. In the case of the Wick Harbour the Treasury came to the assistance of the Corporation because they had compelled them to adopt a plan by which a great many thousands of pounds were literally thrown into the sea, and in the case of any of these harbours there is always the possibility that the works may be destroyed by a sudden storm. I think, therefore, that if the Government give the County Council power to construct such works they ought to bear a portion of the expense, because the Government have considered the plans and estimates as well as the County Council, and their approval ought to be accompanied by the consequent responsibility.

I think it would be very prejudicial to the interests of the public if the County Council were not to be responsible for the completion of the works within certain limits, but within those limits they ought not to shirk the responsibility of providing the necessary funds.

If the County Council are to be entirely responsible, the result will be that they will refuse to sanction any harbour works at all, because it has been shown to be impossible to estimate the cost of construction before these works are commenced. I regard this sub-section as a practical estoppel to this transaction, and that is why I proposed my Amendment that the locality reaping the benefit of a harbour should bear the loss up to a certain point.

Might I suggest a compromise? In Sub-section 25 there is a limit of ld. in the £1 for maintenance, but this sub-section contains no limitation at all. Would it not be possible to insert a limitation, say of 6d. or 1s. in the £1?

Question put, and agreed to.

Clause agreed to.

Clause 3 and 4 agreed to.

Clause 5.

I beg to move, in line 15, to leave out "two" and insert "five." My object is to make the Bill applicable to a class of cases at present entirely excluded from it. Why it should be so I am entirely at a loss to understand. The House has already voted for harbour purposes £40,000, and the whole sum wanted for piers and harbours is only £43,000. It has already been pointed out that a great deal of money will be absorbed in preliminary expenses, and that there are many things which cannot be done without going through a very costly and dilatory process. As I understand it, there is no justification whatever for the introduction of this Bill, except in the matter of this grant for harbours, and it was upon that grant alone that I advocated the bringing in of the Bill. I wish to substitute £5,000 for £2,000 in order that the provision may cover cases in my own constituency. I should like to know what defence the Lord Advocate has to give for his proposal as it stands. No doubt there is a dispensing power on the part of the Chief Secretary for Scotland, and if I get a promise that it will be used and applied to cases in my own constituency I shall be satisfied. I beg to move the substitution of £5,000 for £2,000.

Amendment proposed, in page 8, line 15, to leave out the word "two," and insert the word "five."—( Mr. Angus Sutherland. )

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

I hope, in the first place, the Committee will understand this provision by no means limits the grant of money to the smaller harbours under £2,000. It merely applies a limitation to the smaller harbours by the short and somewhat arbitrary plan of fixing the details in which these harbours are to be carried out. As regards the larger harbours, it would be considered somewhat harsh of the Government to prescribe to the Local Authorities what are to be the precise conditions under which the harbours are to be administered. It is not merely a question of cheapening the cost, but it is also a question of stereotyping and making definite and somewhat rigid the conditions which are so to be applied. Some Harbour Authorities have already got Provisional Orders, and they merely require adjustment for the increased money.

Precisely. I am speaking only of some harbours, of which Ness is one. The hon. Gentleman has shown a natural anxiety about the grants of money already made, but he may be quite certain that the Secretary for Scotland—to say nothing by way of prejudging anything that may be submitted to him—will consider the fact of the money having been voted as one of the considerations to be borne in mind. I cannot, however, give a promise as to the particular cases mentioned. It is obvious that it is the interest of the House and of the Government to give fair play to what is an experimental proceeding with regard to Provisional Orders, and the experiment must be cautiously administered, not the least in the interests of the localities themselves. Never before has Parliament agreed to a proposal for the wholesale granting of Provisional Orders.

Surely the Lord Advocate does not contend that the people should be at the cost of obtaining Provisional Orders in the larger cases. If so, then nothing can be done until next Session, and there is no necessity to vote the money. I hope the right hon. Gentleman will consider that the cases of the harbours in Sutherlandshire and Skye which have been mentioned are exceptional, and that they will be dealt with accordingly. With regard to the limit of £2,000 I agree that that is rather low, and I think it might well be extended to £3,000. £2,000 is a very small sum for constructing a harbour; it might suffice to make a boat-station or to throw out a little breakwater, but £3,000 is the least with which a decent fishing harbour can be secured. If the Government agree to substitute £3,000 for £2,000 they will improve the Bill, and it should be remembered that it will still be impossible to do anything without the sanction first of the County Council and then of the Secretary for Scotland. I hope that in this case the Lord Advocate will fight our battle against the Treasury.

I have no desire to unduly press the right hon. Gentleman on this point, but I do regret the Lord Advocate is not in a position to give me a more definite answer in regard to the harbours I have mentioned. I therefore feel myself compelled to divide the Committee on the Amendment.

Why will not the right hon. Gentleman meet us half way and, to use a sporting phrase, "split the difference"?

I think the Government should respond to the appeal made by my hon. Friend. I am not acquainted practically with the work of harbour construction, but it seems hardly possible to construct even the smallest harbour for a sum of £2,000. If money is to be given for the construction of these harbours such a figure should be mentioned in the Bill as will make the provisions operative.

I quite agree it is impossible to make a harbour for £2,000. As Chairman of the Piers and Harbours (Ireland) Commission I am sure of that. Some years ago, when labour was cheaper, it might have been possible to do it for £2,500, but even that is not now possible. I think the Government ought to fix a sum of £3,000 or £4,000.

The Lord Advocate said it was not desirable to issue these Provisional Orders on too lavish a scale, and that it was better the Bill should be limited to comparatively small undertakings. But may I remind him that the requisites of Provisional Orders will already have been fulfilled in these cases, because a Government inquiry has been held as to the utility and expediency of these undertakings, and full publicity given to the matter. Seeing how very little can be done for £2,000, I think it would be wise to raise the figure.

(10.15.) The Committee divided:—Ayes 91; Noes 52.—(Div. List, No. 328.)

(10.24.) Original Question again proposed.

Cannot we have some kind of compromise? I move to insert the figure of £2,500.

I think, Sir, it would be in order for me to move the insertion of "five hundred," as the figure 2 still stands in the clause.

Amendment proposed, in page 8, line 15, after "two thousand," to insert "five hundred."—( Dr. Clark. )

The sum of £2,000 was arrived at after very careful consideration by the several Departments concerned, and we cannot alter it.

Amendment negatived.

Clause agreed to.

New Clause—

(Amendment of 52 & 53 Vic. c. 50, s. 22.)

"Sub-section (1) of section 22 of 'The Local Government (Scotland) Act, 1889,' is hereby amended to the effect of authorising county councils in receipt of the annual grant of ten thousand pounds to apply the proportion affeering to them respectively or any portion thereof to the purposes of this Act, or in relief of local taxation for the purposes of this Act in such county,"—( Mr. Caldwell, )

—brought up, and read the first and second time.

Amendment proposed, in line 5, after the words "purposes of," to insert the words "section 2, sub-sections 25 and 26 of."—( The Lord Advocate. )

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

What is the meaning of this Amendment? If it is to limit the powers of the County Council, I should prefer the clause as it stands. As it now stands the money will be used for any purpose under the Act. I do not see why it should be limited as the right hon. Gentleman proposes.

My object is to limit the clause. I have no doubt that if the clause in its present form is allowed to stand no Court will allow money to be spent except under under Sub-sections 25 and 26, which are the sub-sections which deal with the executive powers of the County Council in spending money. I therefore prefer the gloss which I have ventured to put on the generality of the clause.

I am not at all satisfied with this explanation, and shall press my objection to a Division. What I want is that when Parliament votes a special sum for a special district the County Council shall not have power to say how the money shall be spent. All I ask is that the £10,000 which is granted to the counties affected by this Bill to meet these exceptional circumstances shall not go into the pockets of the landlords and large tenants by being applied to a reduction of the rates, but shall be used for the benefit of the crofters. I fear that at least two-thirds of it will go into the pockets of the landlords and sportsmen and big farmers, who have done so much to produce the misery we are now trying to remedy. This money is really wanted for the purpose of developing the resources of the county, and not for the purpose of reducing the rates of landlords and big tenants. You are not giving us a penny for the crofters, and on that ground I intend to go to a Division.

I certainly agree with my hon. Friend, and if he divides the Committee I shall go into the Lobby with him.

(10.33.) The Committee divided:—Ayes 109; Noes 53.—(Div. List, No. 329.)

Clauses, as amended, added.

Bill reported.

I hope the Report stage will be deferred to a later date. Several Scotch Members who are much interested in the Bill, and who have some important questions to put in reference to it, are absent, and may not be able to return to the House by Thursday.

I join in the request of the hon. Member for Caithness. It is necessary that we should have an opportunity of corresponding with the County Councils on the matter.

It is most desirable that the work should be set about at once. That is the reason for the introduction of the Bill, and the districts interested are very anxious that no time should be lost. I should have thought hon. Members opposite would have been aware of this, and would have met the proposal in the same spirit. The Government, therefore, will certainly retain the appointment for Thursday, and if circumstances then make it necessary to postpone the Bill, the responsibility must rest with hon. Members.

Bill, as amended, to be considered upon Thursday.

Metalliferous Mines (Isle of Man) Bill.—(No. 400.)

Second Reading

Order for Second Reading read.

(10.42.) Motion made, and Question proposed, "That the Bill be now read a second time."

Does not this Bill deal with a matter which can be dealt with by the House of Keys?

THE UNDER SECRETARY of STATE FOR THE HOME DEPARTMENT
(Mr. STUART WORTLEY, Sheffield,

* : The Bill does not belong to that category, being a Bill to amend an Act of the Imperial Parliament. It is introduced in this House at the expressed wish of the Authorities of the Isle of Man.

Question put, and agreed to.

Bill read a second time, and committed for to-morrow.

Post Office Acts Amendment Bill.—(No. 366.)

Committee

Considered in Committee

(In the Committee.)

Clause 1.

(10.43.) Amendment proposed, in page 1, line 7, to leave out "before the first day of January next." —( Mr. Raikes. )

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

I rise for the purpose of asking the right hon. Gentleman to repeat publicly the assurance which he has given some of those interested in this clause privately as to the exact intention of the clause. I had put down an Amendment stipulating that certain marks on newspapers should not be held as rendering the newspapers liable to surcharge. The right hon. Gentleman gave excellent reasons for leaving the matter to be settled by regulation by the Post Office Authorities. But at some future date the officials may not know the exact meaning of the clause, and therefore it is well the right hon. Gentleman should make some public statement to which we may refer if any dispute arises.

* : I wish to put a question to my right hon. Friend the Postmaster General, which is one of great importance to Friendly Societies. I want to know whether there is a clause in the Bill which deals with a grievance under which the Friendly Societies of this country have laboured for a number of years, and to which over and over again they have drawn the attention of the Postmaster General. I would ask whether there is a clause in the Bill which will allow circulars issued by lodges of Friendly Societies to go through the post at a halfpenny instead of a penny rate? The question is one that has been brought to the notice of my right hon. Friend several times by the "Friendly Societies Conference," representing 2,229,000 members and £16,000,000 capital.

* : The hon. Baronet the Member for Norfolk has quite rightly represented the intention of the Government in dealing with the circulars of friendly societies. Constant complaints have been made that owing to the existing regulations with regard to circulars the members are continually surcharged in consequence of some entry in writing upon a document which is otherwise printed. I hope and believe that as soon as the Treasury Warrant under this Act is promulgated these societies will see that their wishes have been met and that the grievance has been remedied. What I understand the hon. Member for Glasgow to desire to do is not merely to allow a newspaper to pass which has got on the cover "See mark inside," but to extend that privilege to other indicative marks, such as "See page 5," or sometimes, as advertisers prefer, a hand pointing to page 3 or 4, as the case may be. It is to enable the Department to frame the regulations in a more comprehensive way that the clause is drawn in the particular shape in which it appears in the Bill, and our one desire in so doing is to afford much greater latitude than could be done by any specific exemption in dealing with these indicative marks on newspapers, which are largely used both by advertisers and also by companies when they send out to their shareholders copies of a newspaper containing a report of their general meetings.

Clause, as amended, agreed to.

Clause 2.

* (l0.52.) : I beg to move the Amendment standing in my name, which is intended to meet the requirements of newspapers, and at the same time to give due protection to the Revenue.

Amendment proposed,

In page 1, line 22, after "but," to leave out to end of sub-section, and insert "all sheets of a supplement shall be put together at some one part of the registered newspaper, whether gummed or stitched up with the newpaper or not."—( Mr. Raikes. )

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

I have to move an Amendment, with the object of making it perfectly plain that the Bill carries out the intentions expressed by the Postmaster General on the Second Reading respecting supplements to illustrated papers.

Amendment proposed,

In page 1, line 25, to leave out from "There," to "Supplement," in line 27, and insert "There shall further be repealed so much of the said section six as requires the supplement to a newspaper to have the date of publication of the newpaper printed on the top of every page, or of every sheet or side on which any engraving, print, or lithograph appears."—( Dr. Cameron. )

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

* (10.55.) : I think this Amendment is better drafted than the sub-section as it stands in the Bill. I should say, however, that the intention of the Government has been to relieve from the necessity of affixing a date only those supplements which consist of engravings, lithographs, or illustrations, and not to relieve every supplement from the necessity of affixing a date. We have felt it desirable to insist on that point, because otherwise the door might be left open for stereotyped advertisements being published as a supplement to a newspaper without any date, and I think the requirement of the date should still be enforced as regards any supplement of that description. I will accept the Amendment, subject to the insertion, if necessary, of verbal Amendments on Report.

I shall be very ready to accept that proposal, but I do not think any Amendment will be necessary.

Question put, and negatived.

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

Amendment agreed to, page 2, line 1, leave out Sub-section 4.—( Mr. Raikes. )

I wish to ask the right hon. Gentleman whether he will take power at later stages to modify the definition of a newspaper contained in Section 6? Objection is taken to the limitation of a newspaper to a document containing a particular kind of news. It has been shown that many very good publications are not allowed to pass as newspapers simply because they do not contain political or police news, whereas papers of a much more unhealthy tendency, which give all the police court cases, are allowed so to pass. I ask the right hon. Gentleman whether it is not possible to meet the application which has been made as to the relaxation of the definition?

* (11.0.) : The hon. Member has quite correctly stated that I have had the views of a representative deputation in regard to a great many magazines and other publications which in some degree partake of the character of a newspaper. I listened with great attention to what was said by members of that deputation, and have given careful consideration to suggestions made then and since. I quite admit that the question of the further definition of a newspaper is one that might very well occupy the attention of the Government, and is not unlikely to occupy the attention of Parliament in the future, but, having regard to the importance of passing this Bill, it is inexpedient to embark upon so large a question at the present time. I am therefore obliged to resist the introduction of any definition of what constitutes a newspaper. It is on that account that the hon. Member for Canterbury has withdrawn an Amendment which stood in his name going in this direction. Without promising to introduce a Bill on the subject, I will undertake that it shall not be lost sight of, and I shall be ready to consider any suggestions offered.

* : I think the right hon. Gentleman takes a reasonable view. I quite appreciate the difficulty of dealing with the subject, but to illustrate its urgency I would mention that the postage of Good Words, weighing 6 oz., is 1½d., whilst in America the postage of Harper's Magazine is a farthing, the weight being 14 oz., and the price 1s. So that a magazine in America is transmitted by post for an additional 2 per cent. on the cost, but in this country at an additional 25 per cent. I do not make any suggestion with a view of injuring the Postal Revenue, because I believe the greater facilities that are offered for circulation, the larger the revenue that will be brought in. It is a question that requires considerable care, and this it must receive. Subject to that I endorse what the right hon. Gentleman has said.

While the definition requires amendment, I quite agree that it is a matter not to be dealt with hurriedly. I agree that at this period of the Session it would be hazardous to attempt a new definition of a newspaper, and that the work had better be postponed to another Session.

Clause, as amended, agreed to.

Clause 3 omitted.

Clause 4.

* : Here I propose to leave out the reference to the maximum weight of newspapers, for I think it is part of the question to be considered in connection with the definition of a newspaper.

Amendment proposed, in page 2, line 14, to leave out sub-section "(a)."—( Mr. Raikes. )

Amendment agreed to.

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

* : I am under the impression that the phrase "postal packet" includes newspapers. Will the facilities for re-addressing be extended to newspapers?

* : That is a point requiring some further consideration. If the hon. Gentleman will repeat his question on the Report stage I shall be in a position to give him a more definite answer than now I can.

The Treasury are here given the power of making regulations as to the re-addressing of "postal packets," which, as I understand, include newspapers. Has the right hon. Gentleman considered the point in relation to newspapers sent to our soldiers and sailors abroad? Is it not possible to let these have their newspapers at a cheaper rate? Letters they receive at a cheaper rate, but they have to pay more for receiving newspapers than letters. Of course, soldiers and sailors when they go abroad are anxious to know the news of the countryside, and what is going on around their old home, but the cost of postage prevents them from having their newspapers as they otherwise would. It is a small point, though important to the men in the Services. Will the right hon. Gentleman consider whether power should be taken to deal with this matter? He told me that the Post Office had no power to reduce the rate, but is it not desirable that our soldiers and sailors should have newspapers as well as letters at a cheaper rate?

* : This clause has reference only to the question of redirection; it has no reference to the particular point raised by the hon. Member. I think it would be better that we should keep all these questions relating to newspapers together. I do not think it would be germane to the Bill as it now stands to introduce a particular reference to the postage of newspapers to soldiers and sailors, but I will keep it in mind.

* : The right hon. Gentleman will perhaps also consider whether in the re-addressing of newspapers to sailors from port to port there should be a reduction of postage.

In this Clause 4 it is provided that power should be given to the Treasury to alter the present rate imposed upon re-directed letters, but I rather gathered that postal packets were to be sent free when re-directed. Is that so, or is a lower rate to be imposed?

* : The intention is to abrogate the charge on re-directed postal packets.

* : Yes.

Question put, and agreed to.

Clauses 5, 6, and 7, agreed to.

Clause 8.

* : I have a small Amendment to propose, which does not appear on the Paper, in line 14, to add after "or" the words "with the consent of the Local Government Board," that is to say, that when any land is appropriated by a Municipal Authority for the purposes of a post office, the assent of the Local Government Board to the appropriation shall first be required. It has been thought desirable, in the interest of the ratepayers, to introduce these words as a sort of check upon too effusive liberality on the part of an Urban Sanitary Authority. Therefore, I move to insert the words. I may say that, as the law stands, such bodies are not able to make grants of money without the sanction of the Local Government Board, and we think that a grant of land should be on the same footing as a grant of money.

Amendment proposed, in page 3, line 14, after "or," to insert, "with the consent of the Local Government Board."—( Mr. Raikes. )

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

These words would not apply to Scotland, I presume? It is not proposed that the Local Government Board should give its consent there. It would be an extension of jurisdiction that is not desirable. We have in Scotland no Local Government Board in the sense in which that Board exercises control in England. We have in some sort an equivalent in the Board of Supervision, but I think it would be desirable to exempt Scotland from such a provision as this, leaving the Municipal Authorities to deal with these matters with the assent of the Secretary of State for Scotland.

It is a point to consider, and perhaps the hon. Member will raise the question again on the Report stage.

I greatly object to continually bringing in the authority of the Local Government Board. I have great respect for the Board and for its President, but I do not think the Board knows more about local affairs than the Local Authority. These references to the Central Authority cause many difficulties. I remember that in the neighbourhood of Liverpool there was some trifling little notice issued in reference to cattle disease, and this it appeared had been issued without consultation with the proper authority, and the correspondence and trouble that ensued cost more than the printing of the notice itself. There is too much meddling by the Central Authority in everything that is done. Surely the representatives of the ratepayers are likely to look after the local interests. We have been told that the sanction is required in matters of money, and I am sorry that is so. There is no reason why it should be extended to land also. The Local Authority can, I think, very well be trusted.

* (11.15.) : This is only in conformity with the existing law. So far as concerns the disposal of money raised by the rates no consent of the Local Government Board is required. But it has rightly been considered by Parliament that the Local Government Board is to some extent the guardian of property for posterity, and so no money can be borrowed or land alienated without the assent of the Board. The land belongs not to the present ratepayers, but to the Municipality for all time. Money borrowed for this purpose, or land contributed, stands in the same position.

I find nothing in the clause about borrowed money, and I therefore do not understand the speech of the right hon. Gentleman. But in reference to land, I object to this introduction of the authority of the Local Government Board, So far as my experience goes, these Local Government Board inquiries serve no purpose but to help to keep up a big staff in London, and to find employment for idle people who cannot be provided for in any other way. I object to the principle of centralisation thus introduced. This interposition of the Central Board has a harmful effect, because you will not get the best men to serve on these Local Bodies if they are to be under the supervision of somebody in London.

How does this agree with the Municipal Corporations Act, which provides that a Corporation shall not alienate any land without the assent of the Treasury?

* : That has since been transferred to the Local Government Board.

Question put, and agreed to.

Question proposed, "That the clause, as amended, stand part of the Bill."

This seems to me to be rather a beggarly clause for a large and lucrative Department to introduce into the Bill. It is an attempt to shift off to other shoulders a burden which ought to fall on the Department. The clause is—

"Where the council of any borough or the urban sanitary authority of any district consider that it would be beneficial to the inhabitants of such borough or district that any new post office should be on a more expensive site, or of a larger size, or of a more ornate building or otherwise of a more expensive character than the Postmaster General would otherwise provide, such council or authority may contribute towards such new post office, either by a grant of money or the appropriation of land belonging to the council or authority, or by the purchase of land for the purpose."

Now, the Committee will see that this clause provides for the case in a manner quite different to that proposed in the Amendment on the Paper in the name of an hon. Member on this side of the House, which is a proposal that where a district is not entitled to have a post office at all, it may arrange with the Postmaster General to have a post office on guaranteeing the Department against loss. That seems to me a reasonable and convenient proposal. But Clause 8 deals with a totally different state of things. Clause 8 assumes that a new post office is about to be built, and enables the locality to have a better post office than that contemplated by the Department on payment of the difference in expense. Now, my point is this, the Postmaster General is already bound to provide for a locality such a post office building as is suitable to local requirements. How can the Local Authority determine what is wanted in regard to size? Only the experience of the Department can determine that. If the Department is bound to provide a suitable building, I do not see what the district is to receive for the subsidy it is invited to grant. It may be said the clause does not compel, but only permits, the Local Authority to grant a subsidy, and therefore it can do no harm. But there I take issue, and say I think it will do harm. I contend that the result of introducing such a clause as this will be to lower the normal standard for post office buildings. The Department will also put pressure on the locality to grant a subsidy in order that the buildings may be of a better character. This great Department of State will be reduced, I might almost say, to the level of those American Railway Companies who issue a general invitation to towns on the route to provide subsidies in cash or land. On these grounds I demur to the policy of this clause, and should Members of the Committee be disposed to take my view, I am willing to divide against it.

* (11.22.) : I think I shall be able to reassure the hon. Gentleman as to the purpose of the clause, which in its object is wholly permissive. There is not the slightest idea of putting pressure upon any Municipal or other Urban Authority. As the law now stands, however, Local Authorities are restrained from doing that which they would wish to do if they were able. A case occurred the other day which first suggested to me the desirableness of introducing this clause. There was an important manufacturing town in the north with a piece of land in the immediate neighbourhood of its public buildings, which would serve as a suitable site for a post office. The existing post office is in a part of the town not alto- gether inconvenient, but not by any means so suitable; the requirements of the service having outgrown the accommodation provided many years ago. Under such circumstances it is usual for the Post Office, with the assent of the Treasury, to add to the existing building. The Corporation offered, in consideration of a transfer of the post office to a more convenient site in the town, to make a present of a small portion of the land on which to build a post office. The grant was accepted, but afterwards grave doubts arose as to whether the Corporation were legally empowered to do this. It appears to me that many similar cases might arise, and thus it is desirable to obtain power to legalise such transactions and to enable Local Authorities to offer sites in order to secure the most convenient buildings. It is quite possible, also, that questions may arise as to style and decoration, and harmony with existing buildings. The Post Office, with the Treasury at its elbow, might not find itself in a position to build a new post office building in a style acceptable to the inhabitants, who require something more handsome, something more suitable to the other public buildings in the town. So I think it is desirable that a locality should have the power to carry out its wishes by offering the site, and thus enabling the Post Office to spend more on the building; there is no idea of using pressure of any kind.

The observations of the right hon. Gentleman are entitled to consideration no doubt; but they do not cover the whole case. The right hon. Gentleman has only dealt with the question of land, but in my opinion the grant of money is the more objectionable part of the proposal. Perhaps the right hon. Gentleman would be willing, between now and Report, to consider whether the part of the clause dealing with appropriations of money might be eliminated, and then I will raise no further objection.

The clause seems to me to be a reasonable one. If the Local Authority is desirous of adding to the beauty of the town or conferring greater convenience on the inhabitants by the position of the post office, I see no reason to object to their carrying out the wishes of the ratepayers at the local expense. I shall support the clause.

I object to the clause altogether, because I think that the Post Office, with the revenue at its disposal, ought to be able to build the necessary buildings on the sites where they are required. I do not say that I object so much to the question of site; but the clause goes further and gives a Local Authority power of interposing and spending the local funds on a buildng of the size of which as required for post office purposes they will be unable to judge, or upon style and decoration the fad of a few councillors for the time being. There is no occasion for this at all. If the right hon. Gentleman will make the clause apply to only the site I should take no particular objection to it. Otherwise I shall have pleasure in voting against the section altogether.

* (11.31.) : I am surprised at the distrust of Local Authorities which some of my hon. Friends have expressed. Surely the elected representatives of the ratepayers of large towns can be trusted without being checked and controlled at every turn by the House of Commons or some Department of the State. I cordially concur with this clause, and if the right hon. Gentleman will give a Return showing the enormous amount of money spent during the last 20 years on post offices it will be valuable information to hon. Members. The right hon. Member has proved his case to demonstration, and everyone who knows anything about this matter knows that it is desirable to have a clause of this kind in all large towns. When a new post office is required in an important street of a large town the Post Office Authorities say, "In justice to the taxpayers of other towns we can only put up a building of a certain character." The Municipality then may say, "We wish to have a handsome street, and in order that the post office may be a credit to it we are willing to contribute part of the cost of the difference between the two styles of buildings. "Very often the Municipal Authorities may desire to have their post office in a situation which the Postmaster General will not feel justified in taking because of its expensiveness. Why, in such cases, should not the Municipality present the site? The Bill is only permissive, and not compulsory. If it were compulsory I should oppose it, but as it is I think it is perfectly harmless. There are many towns applying for new post offices, and if we can facilitate the erection of such post offices we shall be conferring a benefit upon the public.

Question put, and agreed to.

Clause 9 agreed to.

Clause 10 omitted.

Clause 11.

In line 35 I propose to leave out the word "annoy" in order to substitute the word "defraud." The effect of the clause would be to make much more stringent the Criminal Law with regard to post letters. It constitutes a new offence, and that new offence consists of two elements—an act and an intent. The act is opening a post letter which ought to have been delivered to some other person, or doing any act or thing whereby its due delivery is prevented, delayed, or impeded. The other element of the offence is the intent to injure or annoy the addressee. Now, I submit that to make a misdemeanour punishable with six months' imprisonment, the act of opening a post letter with intent to annoy another person, is making a great advance in our criminal legislation, and, I think, dealing with the matter with excessive stringency. I do not like this clause at all, but I am afraid there would be little chance of resisting it altogether, and I, therefore, propose to substitute the word "defraud" for "annoy." I think the Committee will see that the word "annoy" is a word of vague significance, whereas the word "defraud" is much more precise, and makes the offence a much more serious matter. I hope the right hon. Gentleman will be willing to accept the Amendment.

Amendment proposed, in page 3, line 35, to leave out "annoy" in order to insert "defraud."—( Mr. Pickersgill. )

* (11.37.) : I would ask the right hon. Gentleman the Postmaster General to leave this clause out altogether. To make any act or thing whereby the delivery of a post letter is delayed or impeded a misdemeanour punishable with six months' imprisonment would lead to extraordinary results; you might have a father who is aware that his daughter is receiving love letters, and wishes to prevent them reaching her, but if he delays or impedes them he will be liable to prosecution and imprisonment. There are some letters that ought to be delayed or impeded by a father—certain correspondence, for instance, intended for his son. Then, if a letter is delivered to the wrong house, and is opened in mistake, the person so opening it may be held guilty of a misdemeanour. At present this law is confined to servants of the Post Office. If the clause is allowed to stand I shall have a great many Amendments to move to it in Committee. I trust, however, the right hon. Gentleman will decide to abandon it altogether.

* (11.40.) : I think I should point out that it is already a misdemeanour to open or delay a letter if this is done by a servant of the Post Office. It is reasonable to suppose that to open a letter to injure or annoy the addressee may be an equally grave offence. The injury which may be done to a person by opening his letter is not always to be measured by the fact as to whether or not something has been stolen. I had an instance before me the other day in which a letter addressed to a Member of this House, who was addressing a meeting in another constituency, was delivered at the wrong club. It was opened by the porter, and then forwarded by that person to another Member of this House, who was engaged in litigation with the hon. Member to whom it was first addressed. It did not refer to politics, but to the litigation then proceeding between those two Members. The porter not only opened the letter, but forwarded it to the other party in the litigation, with the intention of injuring, or at least annoying. I need not say that the hon. Member to whom it was given at once handed it to the proper person. I maintain that what was done in that case ought to be punishable by law, and I believe that it would be a great advantage to the public if this clause formed part of the Bill. If the right hon. Gentleman the Member for Wolverhampton will confer with me between now and the Report stage of the Bill, with the view of seeing whether any suggestions may be made towards amending it, I shall be happy to meet him; but I sincerely trust that the Committee will think proper to let the clause remain in the Bill. It seems to me that at present it is an absurd and anomalous thing that a person can be punished for stealing 6d. out of a letter, and that we cannot punish a person who may in another way do incalculable injury to the person to whom the letter is addressed. I am afraid that I cannot accept the Amendment of the hon. Member for Bethnal Green.

* (11.44.) : I was speaking at Stoke-on-Trent some months ago, when a letter was sent to me giving particulars in regard to a libel suit coming on at the Cork Assizes between myself and one of the Members sitting below the Gangway on this side of the House. That letter, addressed to me by my solicitor, was deliberately opened by a clerk of the Gladstonian Liberal Association, who, instead of forwarding it to me, sent it to Mr. Harrington, who, if he had read the letter, would have come into possession of his opponent's case. Mr. Harrington, however, came to me and apologised for the mistake. An act like that of the club official, done deliberately, ought to be punishable.

* : Another very common case that would lead to injustice under this clause is that of the delivery of letters at the wrong adddress. It occurs to me frequently. Letters are put into my letterbox, and I naturally open them without taking the trouble to read all the addresses. Sometimes there is one intended for somebody else in the same block of buildings, and under this Bill, if that person were litigious and took exception to my action, I might be subjected to very serious trouble in having to prove that I had not intended to annoy him. I think that unless this clause is amended it will lead to serious inconvenience.

* : I will agree to the withdrawal of the clause at this stage, reserving to myself the right to move a clause containing something to the same effect on Report.

I withdraw my Amendment.

Amendment, by leave, withdrawn.

Clause agreed to.

Clause 12.

I do not know how a clause of this kind ever got introduced into a Post Office Bill. Its object appears to be to alter the procedure in prosecutions for sale of adulterated food. The new section provides that it shall no longer be necessary to send samples of food intended to be analysed by registered letter. The precaution of registering a letter is a very wise one, not only in the interest of the accused person, but also in the interest of the prosecution, because it is obvious that if the defence can raise a plausible suggestion that the purchased article has been tampered with, the accused person would escape altogether. At all events, whatever argument might be advanced in favour of the Amendment of the Sale of Food and Drugs Act of 1875, I think such an Amendment is entirely out of place in a Bill of this kind. I cannot understand what has induced the Postmaster General to insert this clause, and I should be glad if he will explain his motives.

* : The advisers of the Post Office have been led to believe that there is some doubt whether any article sent under the Food and Drugs Act through the Post Office must be registered. It is intended to set at rest any controversy on the subject, and to make it clear that such an article need not be sent in a registered letter.

Do I understand that this is to be so when the article is forwarded as a condition precedent to a criminal prosecution?

This House in 1875 thought it advisable to secure that this precaution should be taken, and, therefore, I think it is rather too much for the Postmaster General in a Departmental Bill to propose what is in effect an alteration of the Criminal Law.

(11.50.) Question put, "That the Clause stand part of the Bill."

The Committee divided:—Ayes 113; Noes 48.—(Div. List, No. 330.)

I should like to ask the Postmaster General whether he will accept the clause suggested by my hon. Friend the Member for Westbury (Mr. Fuller) with reference to the rural authorities?

* : I think we can accept something in that direction if the hon. Gentleman will put it down on Report.

Bill reported; as amended, to be considered upon Thursday, and to be printed. [Bill 405.]

Consular Salaries and Fees Bill. (No. 398.)

Order for Second Reading read.

Motion made, and Question proposed, "That the Bill be now read a second time."

Objection being taken to Further Proceeding, the Debate stood adjourned. Debate to be resumed to-morrow.

Statute Law Revision Bill [Lords].—(No. 336.)

Read a second time, and committed to a Select Committee.

Mr. Ambrose, Mr. Asquith, Mr. Bryce, Mr. Coghill, Mr. Elton, Mr. T. M. Mealy, Mr. Howell, Mr. Solicitor General, and Mr. Whitley nominated Members of the Committee.

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

Ranges [Payments]

Considered in Committee.

(In the Committee.)

Resolved, That it is expedient to authorise the payment, out of moneys to be provided by Parliament for Army Services, of any sums required for the repayment, in certain cases, of money borrowed for the purchase of land under any Act of the present Session to facilitate the Acquisition of Ranges by Volunteer Corps and others.—( Mr. Jaekson. )

Resolution to be reported to-morrow.

Labourers (Ireland) Acts Amendment Bill.—(No. 55.)

Considered in Committee; Committee report Progress; to sit again upon Thursday.

Wild Birds Protecion Act (1880) Amentment Bill.—(No. 213.)

Read a second time, and committed for to-morrow.

Youthful Offenders (England and Wales) (First Sentences)

Address for—

"Return of the number of Lads and of Girls between 16 and 18 years of age, and between 18 and 21 years of age, sentenced to imprisonment in England and Wales during 1890, and not known to have been previously convicted, and the average duration of such sentences in the several jurisdictions." — ( Mr. Howard Vincent. )

Mr. De Cobain (Statutory Declarations)

Copy ordered—

"Of Statutory Declarations as to the action of Mr. De Cobain and his Attorney in regard to a Warrant issued against the former."—( Mr. Attorney General for Ireland. )

Copy presented accordingly; to lie upon the Table, and to be printed. [No. 315.]

House adjourned at ten minutes after Twelve o'clock.