House of Commons
Friday, June 22, 1894
Questions
Questions
The American Mails
I beg to ask the Postmaster General, in regard to the recent Return giving the time occupied in the transit of the mails from Queenstown and from Southampton to the New York Post Office, whether he can state the average time taken by the mails from the London Post Office, the Liverpool Post Office, and the Glasgow Post Office till put on board a steamer at Queenstown or Southampton respectively; and what proportion of the bulk of the mails in question come through London, through Liverpool, and through Glasgow?
From the time at which letters for the United States leave the Post Offices mentioned to the time of embarkation on board the quick Atlantic steamers, the Intervals are approximately as follows:—
Preparation of Voters' Lists
I beg to ask the President of the Local Government Board if he is aware that, notwithstanding the Circular on the subject issued by his Department, considerable doubt exists in the minds of many Clerks to County Councils, Overseers, and other officials responsible for the preparation of lists of voters, as to whether they have authority to construct a new list, and the incidental forms rendered necessary by the passing of "The Local Government Act, 1894," and the new franchise created under that Act; and if he will, either by an Order in Council or other means, make the matter clear to all concerned?
I am not aware that considerable doubt exists on the part of Clerks to County Councils and others with regard to the preparation of the lists of voters; but if my hon. Friend will inform me of the facts as regards any particular case which has suggested this inquiry, I shall be happy to consider them.
Forestry
I beg to ask the President of the Board of Agriculture whether Her Majesty's Government intend to take any, and if so what, steps to carry out the recommendations of the Committee of this House on Forestry, which sat in 1886?
As the right hon. Gentleman is aware, the statutory powers of the Board of Agriculture, which was established subsequently to the sitting of the Committee of 1886, comprise certain important functions in regard to forestry, and we cannot now contemplate the creation of a separate Board of Forestry as proposed by the Committee. With regard to the recommendations of the Committee on the subject of education in forestry, we have continued to make a substantial grant towards the cost of lectures in the University of Edinburgh and towards the cost of the Chair established in the Durham College of Science to include the teaching of forestry, and the arrangements made in 1892 for giving instruction to practical foresters and gardeners in connection with the Royal Botanic Gardens at Edinburgh were again made last year. We also continue to issue special statistical information as to woods and plantations in the annual Agricultural Returns. I think we are doing all that is possible for the promotion of forestry within the limits of our means and powers; but I shall always be very glad to consider any suggestions for further action on our part, and I trust that the Act passed under our auspices last year for facilitating the planting of woods or trees in Scotland may be of some service in this connection.
Emoluments of Law Officers of the Crown
I beg to ask the Chancellor of the Exchequer whether the Treasury have recently framed a new Minute relating to the salaries and emoluments of the Law Officers of the Crown; and, if so, when it will be presented to Parliament?
I hope to be able to lay the Minute before Parliament early next week.
Railway Communication in Ireland
I beg to ask the President of the Board of Trade whether he is aware of the great inconvenience to residents in the districts in the Counties of Leitrim, Longford, Roscommon, and Sligo, adjoining the Midland Great Western Railway, owing to the fact that, by the order of the Board of Trade a few years ago, passenger carriages could not be run in conjunction with the goods trains that leave Sligo for Dublin every night at 9 p.m., and Longford for Sligo at 11 p.m.; whether permission to run mixed trains has been granted by the Board of Trade to the Sligo, Leitrim, and Northern Counties Railway between Sligo and Enniskillen, and is refused to the Midland Great Western Railway between Sligo and Longford, though the traffic in each case is nearly similar; and whether, as this permission has been granted on the Northern Counties line between Coleraine and Derry, and on the Derry Central Branch, and in other parts of Ireland, he will be prepared to recommend that it be granted in the case of the Midland Great Western line between Longford and Sligo?
The Board of Trade gave the Midland, Great Western Railway Company permission to run certain mixed trains as Long ago as March, 1893, and the Company, in writing, expressed themselves to be satisfied with the arrangements. Among the mixed trains sanctioned is one leaving Sligo for Longford and Mullingar at 9 p.m., and another leaving Mullingar for Longford and Sligo at 9.40 p.m. These are the trains referred to by the hon. Member. If they are not run as mixed trains it is apparently because the Company do not choose to work them as such, although they have the permission of the Board of Trade.
Importation of Canadian Cattle
I beg to ask the Under Secretary of State for the Colonies whether the Mr. D. M'Eachran, whose name appears as Chief Veterinary Inspector to the Canadian Government in the Papers relating to Canadian cattle imported into Great Britain, and published by the Board of Agriculture last year, in connection with the pleuro-pneumonia inquiry, is the same Mr. D. M'Eachran who has for many years been the managing director of the Walrond Ranche in Alberta, Canada; and whether he is the same person as the Mr. D. M'Eachran who is so directly interested in the trade of importing Canadian cattle into Great Britain?
The Canadian Government has reported that Mr. M'Eachran, the Chief Veterinary Adviser of the Dominion Government, is managing director of the Walrond Ranche, Alberta, but they add that ranche cattle have been increased in value by the Order requiring the slaughter of Canadian cattle at the port of disembarkation; and that the proprietors of the Walrond Ranche sell their cattle on the ground, and are not exporters.
Prison-Made Goods
I beg to ask the President of the Board of Trade if he has been in communication with the Treasury as to the importation of prison-made goods, and with what result; if he has read the affidavit submitted to him of the Commissioner despatched to German prisons by The Hardwareman , or personally conferred with him; if the inquiries promised in Germany are yet complete, and what is their, tenour; and if, having regard to the tale of depression recorded by the current issue of The Labour Gazette , the Government will now assent to the Second Reading of the Bill introduced to restrain this traffic?
No, Sir; I have not been in communication with the Treasury as to the importation of prison-made goods, nor am I at present aware of any reason for such communication. I have seen the affidavit referred to by my hon. Friend. The inquiries, which are being conducted through the Foreign Office, are still far from complete. Until they have been completed it would be premature to make any statement upon the subject with which the Bill referred to in the question proposes to deal.
Has the right hon. Gentleman made any inquiry at the Customs?
I am not aware of any reason why we should inquire at the Customs. Neither the Customs nor the Board of Trade know what goods are prison-made.
The Case of Mr. W. E. Warren
I beg to ask the President of the Board of Trade if he is aware that Mr. W. E. Warren, late of Iping Paper Mills, Sussex, was adjudicated a bankrupt on the 27th of August, 1891, he being at the time detained under certificates as a person of unsound mind; if an alleged lunatic is liable to be adjudicated a bankrupt and his estate administered without anyone being appointed to protect his interests, and without any communication being made to the Judge in Lunacy or the Lunacy Commissioners; and if the jurisdiction of the Judge in Lunacy, under Part IV. of "The Lunacy Act, 1890," relating to the management and administration of the affairs of persons lawfully detained as lunatics, is ousted or superseded by the bankruptcy of such persons?
Mr. W. E. Warren was adjudicated a bankrupt on the 27th of August, 1891, in consequence of a resolution of creditors to that effect passed on the 26th of August. It is believed that he was at the time under detention as a person of unsound mind. The remaining questions asked by the hon. Member relate to abstract points of law on which it would not be proper for me to express an opinion. If any opinion is to be expressed it had better be by the Attorney General. In this case, however, the bankrupt applied to the Court to annul the adjudication on the ground of the alleged irregularity of the proceedings, and the County Court Judge, in a carefully considered Judgment, in which all the facts were set out, refused the application, stating in his opinion the bankruptcy was regular. I am, however, not satisfied that the law or the practice which has grown up under it may not require amendment, and am considering whether any and, if so, what measures can be taken for the better protection of persons detained as of unsound mind against whom bankruptcy proceedings have been taken at the instance of a creditor or creditors.
The Unemployed
I beg to ask the President of the Local Government Board if he is aware that the Guardians of Sheffield are stated to be at their wits' end to know how to find work for the unemployed at the present time; and having regard to the existence of a similar state of affairs in other large towns, what steps are contemplated by the Government to terminate a state of affairs which, if existing in midsummer, is likely to become worse as winter approaches and the population increases?
I have not received any communication from the Guardians of the Sheffield Union on the subject of distress in that Union prior to the hon. Member giving notice of his question; but in reply to the inquiries which I have addressed to them, they state that there can be no doubt that employment is very scarce and general distress prevalent, and that the workhouse is very full for the time of year, but that at present the Guardians have no acute difficulty in dealing with the pauperism of the Union. I regret to learn that there is a scarcity of employment in this Union. But I find that the number of persons in receipt of relief, excluding lunatics and vagrants, is less by about 500 than at the beginning of the present year, and less by over 3,000 than on the 1st of January, 1886. I have no information which would lead me to think that there is any exceptional pressure of pauperism at the present time in other large towns in the country.
Can the right hon. Gentleman make any suggestion as to how work might be found for the unemployed?
That opens a very wide question, which I cannot deal with now.
The Case of Nurse Gillespie
I beg to ask the President of the Local Government Board whether his attention has been called to the statement of Mr. Justice Day at the Essex Assize, in sentencing Nurse Gillespie for torturing little children, in which he expressed a hope that the Government will institute a thorough and searching inquiry, because the person primarily guilty is not the only person who should be made to suffer, but that there must be some who, by censure or removal from office, should be stigmatised as having tolerated this hideous cruelty; and whether he proposes taking any action with reference to the Guardians or proceedings against the superintendent; if so, what?
I had, prior to the conviction of the Nurse Gillespie, determined that a thorough investigation should be instituted into the management of the school, and, pending this inquiry, the superintendent has been suspended from the performance of his duties. I cannot express any opinion as to the extent to which responsibility may attach to others until after this inquiry has been held.
asked whether the right hon. Gentleman was aware that the expenses of the committee of the Guardians who were supposed to inspect this institution fortnightly were paid by the ratepayers?
said, he was not aware of the fact.
District Councils Elections
I beg to ask the President of the Local Government Board whether it is the intention of the Board to place the conduct of the first elections of Urban District Councils in the hands of the clerks of Boards of Guardians; whether he is aware that a statement to this effect has caused much dissatisfaction among the Local Boards of Health, who desire to nominate the person who is to conduct such elections; and that in some Poor Law Unions there are several Local Boards, so that the clerk to the Guardians if made Returning Officer would be responsible in some cases for a considerable number of elections on the same day; and whether, under the circumstances, he can see his way to comply with the desires of Local Boards of Health?
I can only again state that the question as to the appointment of Returning Officers in the elections referred to will be fully considered before the preparation of the Rules as to these elections is proceeded with. I have not made any statement as to the persons who, under those Rules, will act as the Returning Officers.
Treatment of Rabies
I beg to ask the President of the Local Government Board whether he is aware that a girl named Jane Watkinson, not being a pauper, was sent by the Chairman of the Ormskirk Board of Guardians to M. Pasteur, in Paris, to be treated, she having been bitten by a dog, and that the cost of the journey of the girl and attendants amounted to £29; whether the Local Government Board have sanctioned the payment of that sum out of the rates; if so, on what ground this unusual form of out-relief was administered to a non-pauper person; and whether this case is to be regarded as a precedent for imitation elsewhere?
The girl referred to, who was 14 years of age, was bitten by a dog suffering from rabies, and two medical men certified that she should be placed under the care of M. Pasteur at Paris, in order that treatment by inoculation might be carried out. The father of the girl is a farm labourer with a wife and family who are stated to be dependent on his limited and often uncertain earnings, and, as the case was one of great urgency, the Inspector of Police communicated with the Chairman of the Board of Guardians, and with his concurrence the necessary funds were advanced for sending the girl to Paris. When the facts were reported to the Guardians they passed a resolution by 17 votes to 2 confirming the action of the Chairman. The Local Government Board, having regard to all the circumstances and to the fact that the expense had already been incurred, considered that the case was one in which they might properly accede to the proposal of the Guardians, and they accordingly sanctioned the payment by them of such reasonable expenses as might have been incurred.
asked whether it was to be understood that this was to be taken as a precedent to enable Boards of Guardians to send persons to Paris for treatment, and whether the right hon. Gentleman was aware that the father of the girl, although a labourer, was in no sense a pauper, and had not made any application for parish aid?
I think that each case must be considered on its merits.
asked whether the right hon. Gentleman could state what was the result of the treatment of M. Pasteur in this case?
No, Sir; I have not heard.
Disorder in Lurgan
I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he can now give any further particulars as to the disposition of the police in Lurgan on the 10th instant, when the Rev. William M'Cartan, on his way home through the town, was beaten and wounded in one of the streets; and if he will state what has been done to bring the assailants to justice.
I have this morning received from the Divisional Commissioner a very full police report regarding the disposition and employment of the police on the occasion referred to. The matter obviously requires careful consideration, and probably it may be necessary to call for some further information. Until I have had an opportunity, therefore, of examining the matter in all its bearings it will not be possible for me to give my hon. Friend the information for which he asks in the first part of the question. As regards, however, the second inquiry, I may state that some 18 persons have been identified as having taken part in the attack on the reverend gentleman, and that proceedings will be instituted against these persons. In addition to this, proceedings have been already taken against other offenders in connection with the occurrences on the date mentioned, and at Petty Sessions on the 9th and 11th instant seven persons were made amenable and dealt with—five of them, receiving seven days' imprisonment each for stone-throwing and riotous conduct, one a month for assaulting the police, and another was fined £1 for stone-throwing. In all 25 persons are so far being made amenable.
Alleged Attack Upon an Irish Magistrate
I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been called to the attack made upon Mr. M'Nally, J.P., of Lurgan, when driving with two young children to his farm in Derryinver, by a drumming party, led by a soldier in uniform, who rushed at the horse and stopped him while the drumming party kept beating their drums and caused the horse to rear and plunge, and did their best to put the horse and vehicle containing Mr. M'Nally and his children into an open drain at the side of the road, and also threw stones at the vehicle, wounding the driver in the head; whether he is aware that Mr. M'Nally reported the outrage to several constables whom he met on the road, but that District Inspector Gray, six or seven weeks after the occurrence, intimated to Mr. M'Nally that the constabulary declined to take up the case; and whether, considering the unprovoked attack made upon this Magistrate, and the early information given to the police, he will make inquiry as to what steps were taken by them against the offenders?
The occurrence to which this question refers took place on March 26 last. It appears that Mr. M'Nally with his two children and a man named M'Mahon were driving along a road in the locality mentioned when they met an Orange drumming party. Most of the members of the band ceased playing when approaching the horse, but some of the drummers continued to beat their drums. Two of the crowd, however, took it by the head and led it through. Some stones were thrown after the trap and one struck M'Mahon, though he was not, I understand, injured. Mr. M'Nally reported the occurrence to the police some distance from the scene. The matter was closely investigated, but no overt act could be proved against any particular individual, and the Divisional Commissioner was of opinion that there was not the slightest chance of a successful prosecution. The Attorney General also advised that there was no evidence to sustain a prosecution, and Mr. M'Nally was informed to this effect.
Whisky, Permits
I beg to ask the Chancellor of the Exchequer whether, in the case of the recent offences against the Excise Law perpetrated by Messrs. Danville and Co., Belfast, the whisky was represented to the firm's customers (in the permits and on the casks) as older than it really was; whether this is an offence under the ordinary Criminal Law and under the Merchandise Marks Acts, as well as under the Excise Acts; and whether, in the case of future frauds on their customers by distillers, which would be punishable under the ordinary Criminal Law, he will direct the Inland Revenue authorities not to exercise their power of privately compounding the offences for a fine?
In only two cases was another year substituted for that obliterated. Moreover, as I have before said, the figure on the permits and casks does not purport to represent the age of the whisky, but only the date of the blending (or racking). The offence of which the Inland Revenue took cognisance was a penal offence against the Excise Laws. The mere substitution of one date for another on the permits or casks would not be a criminal offence, and the Inland Revenue have no knowledge, nor means of knowledge, whether there are any circumstances beyond their cognisance which, taken in connection with such substitution, might constitute the offence a criminal one. I do not think there was any offence under the Merchandise Marks Acts. I cannot, in these circumstances, direct the Board not to exercise the discretion vested in them by Statute.
I beg to ask the Chancellor of the Exchequer whether his attention has been called to the fact that in August, 1892, a hogshead of whisky was sold by the firm of William Cowan and Company, Church Lane, Belfast, to John Boston, Ballymacarrett, Belfast, which did not correspond with the particulars stated on the permit accompanying the whisky; that the permit had been altered by the sellers after it had passed the Excise officials; that a summons was taken out in Belfast Police Court against the sellers, and adjourned; and that, during the adjournment, the offence was compounded for by the payment of a fine to the Excise; and, if so, what was the reason for adopting this course, and what was the amount of the fine?
Except that the permit was granted by the Customs and not by the Excise, the facts are as stated. Proceedings were commenced by the Board of Inland Revenue against the then proprietor of the business for the Excise offence of tampering with a permit. Those proceedings were withdrawn upon payment of a compromise fine of £300. The Board exercised the discretionary power conferred on them by Statute, of compromising offences against the Excise Laws, on two grounds—namely, that the circumstances disclosed no fraud on the Revenue; and that they were satisfied that the then proprietor had no cognizance of the matter.
Upon whom was the fraud perpetrated; was it not on the person who bought the whisky?
I really cannot say. I cannot be expected to answer a question of that kind without notice.
Commandeering in the Transvaal
I beg to ask the Under Secretary of State for the Colonies whether it is correct, as stated in telegrams from South Africa, that British subjects in the Transvaal were forcibly commandeered on Wednesday and sent in prison wagons to fight in the Boer Army; and, if so, what action Her Majesty's Government proposed to take to put an end to such outrage?
We sent a telegram to-day on the subject, but have as yet received no reply.
Is it not the fact that German, French, and Portuguese subjects in the Transvaal are free from this liability?
It is true they are free, and, as I have formerly stated, the Colonial Office has made representations to the High Commissioner of the South African Republic on the matter.
I should like to ask the Chancellor of the Exchequer whether we are not the Suzerain of the Transvaal, and, if so, whether in that position we have no power of controlling their proceedings over British subjects?
[No answer was given.]
Can the question be answered whether Her Majesty is still Suzerain of the Transvaal, or not? Perhaps the hon. and learned Solicitor General can tell us.
[No answer was given.]
I beg to give notice that I shall put a question upon this matter on Monday.
May I point out that we have not yet had an answer to the question of my hon. and learned Friend behind me?
[No reply was made.]
The Death Duties
I beg to ask, in reference to the question of Death Duties on colonial property, whether the Chancellor of the Exchequer would have any objection to lay on the Table the joint letter dated June 12, addressed to the Secretary of State for the Colonies, by the Representatives in London of all the self-governing Colonies except Natal?
Yes, I will lay it on the Table.
British Goods in South Africa
I beg to ask the Chancellor of the Exchequer if he will name a day for the consideration of the action of the Secretary of State for the Colonies in rejecting the offer of the Premier and Government of Cape Colony and the British South Africa Company to admit British goods into Matabeleland and Mashonaland on more favourable terms than foreign goods?
I am unable to name a day for the purpose. But the hon. Gentleman must not assume that I admit the accuracy of the statement of fact in the question.
When will the Colonial Vote he taken?
I am afraid I cannot say.
Payment of Probate Registrars in Ireland
I beg to ask the Chancellor of the Exchequer what the average number of probate and administrations extracted per annum in Ireland is, and what proportion of them would be included in the provisions of Clause 13 of the Finance Bill, taking any recent year as an example?
The average number of probates and administrations extracted in Ireland during the three years ending March 31, 1893, was 7,108. Taking the year ending March 31, 1893, as an example, the total number of grants extracted was 7,574. Those under the value of £1,000 numbered 6,566, of which 5,938 were also under the value of £500. It is impossible to say what proportion of the grants extracted in Ireland will be included in the provisions of Clause 13 of the Finance Bill, in view of the fact that, under the Bill, the real estate will for the first time fall to be aggregated with the personalty.
I beg to ask the Chancellor of the Exchequer how many of the District Registrars of the Court of Probate in Ireland are at present paid by fees; what their average income from fees is; and whether any estimate has been made as to how their position will be affected if Clause 13 of the Finance Bill passes into law in its present form?
said, five District Registrars of the Court of Probate in Ireland were paid by fees, and the average net income from fees in the three years ending 1892–93 was £2,020 amongst the five.
Forage Allowance to Volunteers
I beg to ask the Secretary of State for War whether he will consider the advisability of issuing forage or giving the forage allowance to mounted officers of Volunteer corps when in brigade camps?
I am afraid I cannot accept the suggestion in the hon. and gallant Member's question. In the first place, capitation grants are for corps and not for individuals; and, in the second, the camp allowance to Volunteers is intended to cover all the expenses incurred by them in going into camp, so far as they can be borne as a public charge.
The Government Powder Factories
I beg to ask the Secretary of State for War whether any representations have been made to the Director General of Ordnance Factories, or the War Office, by Colonel M'Clintock, the late Superintendent of Waltham Factory, with reference to the reconstruction on the sites selected by the Director General or the War Office of buildings recently wrecked by explosion; and, if so, whether such representations were opposed to the reconstruction on those sites or any of them?
Representations were made by Colonel M'Clintock of the kind referred to in the question. Those representations were contrary to the opinion he had previously concurred in, and were opposed to the recommendations made by the Director General of Ordnance Factories, upon whom rests the responsibility for the processes of manufacture, and whose views are supported by the technical experts of the highest authority, upon whose advice we are acting in this matter.
I suppose this opinion was given before his dismissal?
Yes.
Strength of Cavalry Regiments
I beg to ask the Secretary of State for War whether he can state the number of men and horses composing an English cavalry regiment on a peace footing; how many additional men and horses would he required to place the same regiment on a war footing; whether cavalry reservists received any training in their mounted duties; and whether there is any reason to suppose that, in the event of sudden mobilisation, the requisite number of trained men and trained horses would be forthcoming for the purpose of placing the cavalry regiments on a war footing without any dangerous delay?
A cavalry regiment on a peace footing at home varies in strength from 428 men with 280 horses in the seven regiments last for foreign service to 656 men with 410 horses in the six regiments which are first to go abroad. On a war footing, a cavalry regiment would consist for home service of 581 men and 511 horses, or for foreign service of 634 men with 530 horses. There is an ample number of trained men in the Reserve. They have not, been trained in their mounted duties while in the Reserve; but they have all served in cavalry regiments, and it was found at the last mobilisation that, after a very short time, such men were quite competent to take the field. As regards horses, cavalry regiments do not require as many horses as men. Their horses, so far as required, would be drawn from those registered for Army service. These arc civilian horses and have not had Army training; but in every case of mobilisation, where there is a large increase of horses, many animals without military training must of necessity be employed.
The Donegal Artillery
I beg to ash the Secretary of State for War whether he is aware that Colonel Stewart, commanding the Donegal Artillery, has repeatedly reported certain members of the permanent staff of his regiment for inefficiency and misconduct, and that no notice has been taken of his Reports, and that in January last, when he reported two sergeants of the permanent staff, his immediate superior officer, Colonel Perry, commanding at Londonderry, in forwarding Colonel Stewart's Report, stated that he considered the tone of Colonel Stewart's remarks in his letter of the 31st of January, 1894, most improper and unfair, as it showed a very decided personal animus towards the members of the permanent staff, and that Colonel Stewart forthwith applied for an investigation of this grave charge; and will he explain why Colonel Stewart's Reports have been disregarded, and the investigation which he demanded not granted?
* : Colonel Stewart's Reports have not been disregarded; but, the subject of them having been inquired into by the General Commanding his district and by the Field Marshal Commanding in Ireland, those officers have not thought it necessary to grant the investigation demanded; and I do not propose to interfere with their decision.
The Underground Railway
I beg to ask the President of the Board of Trade whether his attention has been drawn to certain articles and correspond- ence in The Pall Mall Gazette as to the state of the atmosphere in the Under-ground Railway, and the means of purifying it; and whether he will take steps to deal with the matter effectually?
I have myself had such frequent and painful experience of the state of the atmosphere in certain parts of the Underground Railway that no newspaper articles could make me feel more strongly than I do the inconvenience from which the public now suffers. But Parliament has not intrusted the Board of Trade with any powers which would enable them to deal effectually with the mischief of which my hon. Friend complains.
asked whether the right hon. Gentleman was aware that the Report which was furnished to him by the Metropolitan Railway Company a few days ago was of an extremely weak and unsatisfactory character—so much so, that he should be compelled to draw the attention of the right hon. Gentleman to the matter again?
said, that that did not affect the answer ho had given—namely, that the Board of Trade did not possess the power to interfere effectually in the matter.
Are there no means of dealing with a Railway Company who violate the law in this way?
I have already told the House that the Board of Trade has no power to deal with the matter.
University of St. Andrews
Paper [presented 21st June] to be printed. [No. 183.]
University of St. Andrews
Accounts [presented 21st June] to be printed. [No. 184.]
Summary Jurisdiction Act, 1879(Section 8)
Return [presented 21st June] to be printed. [No. 185.]
Sea Fisheries Act, 1868
Copy presented,—of Report of the Board of Trade under Part III. of the Act. Orders for Fishery Grants, 1893–4 [by Act]; to lie upon the Table.
Loan Societies
Paper laid upon the Table by the Clerk of the House:—Abstract of Accounts to 31st December 1893 [by Act].
Orders of the Day
Ways and Means
Resolution [21st June] reported;
"That it is expedient that the value for the purpose of Succession Duty of a succession to real property arising on the death of a deceased person shall, where the successor is competent to dispose of the property, be the principal value of the property, and that provision shall be made for the payment of such duty with interest from the expiration of twelve months After the date of the death on which the succession arose, and the provision of the existing Law with respect to discount shall not apply."
Resolution agreed to.
Ordered, That it be an Instruction to the Committee on the Finance Bill that they have power to make provision therein pursuant to the said Resolution.
Finance Bill.—(No. 190.)
COMMITTEE. [Progress, 21st June.]
[Seventeenth Night.]
Bill considered in Committee.
(In the Committee.)
Clause 14.
moved an Amendment to reduce the rate of duty on estates between £500 and £1,000 value from £2 to 30s., the Amendment being the first of a series designed, he said, to ease off the heavy jumps which occurred, particularly at the bottom of the scale. A person whose life was insured for £500 was a comparatively poor person, and if a sum exceeding £500 were to pay so heavy a tax as £10 instead of 50s., life insurance would be discouraged and persons would be tempted to insure for lower amounts in order to avoid the heavy Estate Duty. The people who could leave a provision of no more than from £500 to £1,000 were the class who deserved consideration, certainly as com- pared with those who left from £1,000 to £10,000; and he therefore moved that the duty should be reduced from £2 to 30s. per cent.
Amendment proposed, in page 10, line 25, to leave out the words "two pounds," and insert the words "thirty shillings."—( Mr. Bartley .)
Question proposed, "That the words 'two pounds' stand part of the Clause."
said, it might be inferred from the hon. Member's speech that the Government were raising the duties, whereas they were reducing them on £1,000, and still more on £500. He should be glad if the Exchequer could dispense with any tax at all under £1,000, but it could not afford to do so. He had very carefully considered whether he could go further than he had done. He believed that people who could leave only £500 or under were the people who most deserved consideration, and that was the reason why only 1 per cent. was charged under £500 and 2 per cent. between £500 and £1,000—in both cases a very sensible reduction.
said, it must be remembered that the scale was effectively made much higher by bringing a much larger amount of property under duty; realty and settled personalty were both brought within the scope of Estate Duty.
There is not much aggregation under £1,000.
hoped there would be in future, because the tendency of legislation was to split up realty. This high duty would hit poor people and would discourage small holdings in land. These now escaped duty under probate, and for the first time would be taxed for Estate Duty.
* felt obliged to take the Chancellor of the Exchequer under his protection as to this Amendment, which, in the interests of the Exchequer, was not one he could accept; but he would point out that there was already in the Bill a remarkable reduction on £1,000 to a stranger, who now paid £125, and under the Bill would pay £20, thus escaping £105 of taxes, while an English widow taking the same amount in foreign property would pay £20 more than at present.
Question put.
The Committee divided:—Ayes 169; Noes 104.—(Division List, No. 120.)
said, his further Amendments were on the same lines. If the Government would not give way it was no use to waste time.
On Motion of Sir W. HARCOURT, the following Amendment was agreed to:—Page 10, line 37, leave out from "per cent." to end of line 38.
said, he would move, after the word "over" in the Amendment, to insert the words, "ten pounds or."
Amendment proposed, after the word "over," to insert the words "ten pounds or."—( Mr. Gibson Bowles .)
Question proposed, "That those words be there inserted."
said, he preferred the words as they stood.
Then, in the interest of accuracy, I shall divide upon it.
It seems to me that these words are necessary.
Rather than have a Division I will agree to the Amendment.
Question put, and agreed to.
Amendment, as amended, agreed to.
said, he desired to move to add to the clause the following:—
"Where by reason of another death a second Estate Duty shall become payable upon the same property within four years, it shall be levied and paid in respect of such property at one-half of the rate payable upon the principal value of the estate in which it is included."
It had been estimated that every estate on an average should fall in for Estate Duty once in 30 years. But there might be many cases in which the succession might be much quicker, and in which the burden of the duty would be so heavy as to materially diminish, if not destroy, the property altogether. A personal friend of his who took an interest in this subject had informed him a few days ago that in his own family not far back three successions had taken place within a space of 14 months. Though such a thing did not often occur, at any rate it was a matter which they should provide for. Take the case of quick succession between brothers or husband and wife, or persons of the same age—or a case where in an accident husband and wife or brothers perished practically at the same time, though, in the eyes of the law, wish an interval sufficient to give succession, should full Estate Duty be paid a second time? It was with a view of meeting cases of this kind, which he considered were cases of real hardship—though they would not often occur—that he had put down his Amendment, He would ask the Committee to bear in mind that the Amendment did not touch the principle of aggregation or graduation, and did not in any shape favour real property. He was quite certain that if the Amendment were not accepted in the cases he referred to, the duty would be paid with a sense of injustice, and hardship, and robbery.
Amendment proposed, in page 10, line 38, at the end of the Clause, to add the words—
"Where by reason of another death a second Estate Duty shall become payable upon the same property within four years, it shall be levied and paid in respect of such property at one-half of the rate payable upon the principal value of the estate in which it is included."—( Mr. Heywood Johnstone .)
Question proposed, "That those words be there added."
said, he quite understood the feelings which had inspired this Amendment. He quite agreed that in some cases where the successions followed rapidly the imposition of the Estate Duty would constitute a considerable hardship. They must all know of such cases. The difficulty he had in providing against this was that so far he had been unable to get at what would be a fair average period to allow for successions taking place, and he considered that the fault of the Amendment was that it did not deal in a practical way with the case. It seemed to him that it proposed simply to deprive the Revenue of all that it wished the estate to gain, while at the same time it offered the Revenue no corresponding advantage to make up for what it was to lose. They might have intervals of 60 or 70 years between successions. The Revenue was obliged, like the individual, to take the rough with the smooth. Probably somewhere about 30 years would be a fair average to reckon that successions would occur, but at the same time there were many cases on record where an estate had hot changed hands for nearly twice that period. The Revenue in that case could not provide beforehand that an extra rate of duty should be paid, and therefore they should not be asked to accept less in those cases than the present Amendment wished to shield. While he was fully aware that there was much to be said in favour of the point raised by his hon. Friend, he regretted that he could not see his way to accept his Amendment because it would not, in his opinion, really meet the case.
said, the right hon. Gentleman admitted the hardship which in certain cases must arise, but he understood the right hon. Gentleman to say that he would not deal with it because of the difficulty which would occur in the case of good lives. He (Mr. Chaplin) admitted that, so far as good lives were concerned, they could not deal with the case because this was a measure providing for Death Duties, and even the right hon. Gentleman the Chancellor of the Exchequer did not propose bringing lives to a termination before their natural end. Nevertheless, the hardship complained of was so apparent that he hoped the right hon. Gentleman would see his way either to accept the Amendment or, at any rate, to provide some remedy to prevent the injustice that he admitted might in certain cases be done by the imposition of the tax. If the principle of the Amendment was sound—and, for his part, he thought it was—the proposal did not go quite far enough. He thought that the period of 30 years was not sufficiently long for an average. On the other hand, cases had been known where there had been three or even four successions to the same property within the period of half-a-dozen years. Suppose the property were worth £1,000,000, the rate of duty that would have to be paid would in some cases be as high as 18 per cent. So that, assuming there were three successions in six years, if the 18 per cent. were multiplied three times, nearly half the property would have been in that short time paid away.
They would be three strangers.
said, he did not care who they were. A tax that in six years could swallow up half a man's property was surely nothing more or less than confiscation. No doubt the case he had taken was an extreme one, but it only showed that a great hardship might arise, and therefore it was clearly the duty of the Committee to provide against it. He believed that the Committee were most willing to prevent the possibility of such an injustice, and it Would be prevented if the right hon. Gentleman would sanction the proposal. He hoped that the right hon. Gentleman would see his way to meet their wishes and would agree to allow a more liberal reduction even than that asked for by the hon. Member who had moved the Amendment.
said, he would remind the right hon. Gentleman opposite, who imputed to him (Sir W. Harcourt) the desire to take three 18 per cents. from an estate that under the present law three 14 per cents. were taken, that this was in the case of succession by strangers. He should have no objection himself to inherit property on the terms provided in the Bill. He considered that a man who was fortunate enough to inherit a million of money from a stranger should not mind having to pay the Exchequer handsomely for the right to enjoy it.
said, he hoped that the right hon. Gentleman would make a concession in this case. No doubt a fair average period of succession was the idea they would like to arrive at. There was no justice in the argument put forward by the Chancellor of the Exchequer that because the estate of the man who lived for many years paid too little, therefore they had a right to make the estate of the man who enjoyed the property only a few years pay too much. The effect of making these heavy charges on estates in cases where there was rapid succession would be to deprive the owners of estates of the power of doing their duty by their property. If three mem- bers of a family—one succeeding the other—perished in a railway or other accident, and the previous holder had died a short time before, they would have in the course of a few months or, it might be weeks, an enormous burden thrown on the property. The result would most likely be that for many years after the accident there would be a nonresident owner of the property, and all the evils that they knew to flow from absenteeism would ensue.
Does it not occur now?
said, that in connection with the Death Duties it would always be the case to some extent; but the complaint was that, owing to the enormous extent to which the duties were increased by the right hon. Gentleman the Chancellor of the Exchequer, it would be more difficult for owners who lived on their property to do their duty by their cottagers and tenants. The idea that it was a good system for owners to live upon their property was an idea with which the right hon. Gentleman himself would agree. It was only in extreme cases that the duty would be diminished under the Amendment. The answer to the Amendment seemed to be that justice must be done to the Exchequer. Well, what they wanted was that justice should be done to the individual and to the property, and that the Exchequer should stand in the second or third place.
said, he should like to point out how hardly the tax which would be imposed by the Bill might fall upon a family three or four brothers of which might happen to be serving Her Majesty in a campaign at the same time. He knew a case in which two or three brothers had served in the Crimea at the same time. It was possible that all those lives might have been lost within a short period of each other, and the result might have been disastrous to the family property. The right hon. Gentleman the Chancellor of the Exchequer was no doubt bound, in defiance of his natural feelings as custodian of the Public Purse, to stand by his original proposition. If the Exchequer would lose rather than gain by the proposed alteration, the fact would weigh with the right hon. Gentleman, but it could not be too distinctly im- pressed on the minds of hon. Gentlemen opposite, who did not understand these things themselves, that the direct result of this rapid transference of estates from one owner to another, coupled with piling up of burdens on property, was disastrous not only to the individuals who succeeded, but also to all the people connected with the property, and to all the residents and all the rural life of the district. If they were able to strike a balance between the national loss and national advantage regarding this subject, they would find that the national loss would be greater than the advantage from the heaping up of burdens on estates and that national benefit would be derived from the acceptance of a moderate proposal such as that now before the Committee. If in this matter they could find a crevice in the right hon. Gentleman's armour through which they could reach his sense and justice, and could induce him to make this concession, it would tend to the advancement of the right hon. Gentleman's own reputation both as a financier and as a sympathiser with national needs.
said, the Amendment dealt with the case in which the Estate Duty became payable for the second time on the same property within four years. If the average succession was at the end of 30 years, it was clear that when it occurred at the end of four years the Revenue got a windfall. All that the supporters of the Amendment asked was that the wind which brought the Chancellor of the Exchequer that windfall should be tempered to the shorn lamb who succeeded to the property. His hon. Friend was so moderate that he only proposed that the second Estate Duty should be levied at half the rate of the first. The Chancellor of the Exchequer met that by pleading for justice to the Revenue, but the right hon. Gentleman had a majority at his back and acted as judge in his own cause. The right hon. Gentleman was sure to have justice, but those he (Mr. Lawson) represented had only one vote for one constituency—or would only have one vote when certain reforms were carried out. Instances had been quoted in which, unless this section were amended in the manner proposed, or some such manner, the Estate Duty would swallow up the whole income of an estate. The noble Viscount had pointed out that in certain cases where three persons succeeded each other in rapid succession the Exchequer would get half the estate, but there would be cases in which the Exchequer would take the whole of the estate, at any rate, for eight years. For instance, he was told of a case the other day, within the personal knowledge of an hon. Member, in which in connection with a small property of £10,000 there were three successions in eight years. The father died and left the property to his illegitimate son. The son died and left it to his cousin in blood, who was, of course, a stranger in law. The second successor had to pay £365 a year out of a net income of £300. That was what was called in Roman law a damnosa hereditas . It was recognised that landed property only paid 3 per cent., which was putting it rather high.
Then you take the value of land at 33 years' purchase.
said, that more than 3 per cent. could not be got from landed property. He was making a liberal estimate when he mentioned 3 per cent. If three instalments of duty were running together there would be little or nothing left for the proprietor to live upon. Amongst lineals it was not easy to find cases where 3 per cent. would swallow up the whole property—except where a million of money was left. Between £100,000 and £150,000 the increment would be one-eighth of 6 per cent., and if three duties were running at a time the proprietor would have three-fourths per cent. left to live on. When you get amongst brothers you soon get a case in which the whole interest on the property is swallowed up by three sets of instalments running together. Between £1,000 and £10,000 the instalment would be one-eighth of 6 per cent., and if three of these were running together the proprietor would have three-fourths per cent. left to live on. Between £10,000 and £25,000 the instalments would be one-eighth of 7 per cent., or seven-eighths on the value of the property; and if three were running together it would mean twenty-one-eighths, which would leave three-eighths to the proprietor to live on. From £50,000 to £75,000 the instalments would be one-eighth of 8 per cent., or 1 per cent., and three instalments running together would absorb 3 per cent., or the whole value of the estate. He might add as following favourite propositions in Euclid "Q.E.D."
was much obliged to the hon. and learned Gentleman for favouring him from time to time with arithmetical acrostics, but he would point out that in the case to which the hon. Gentleman referred it appeared, to be assumed that all the instalments were always running together, but that could only be the case if all three persons died at the same instant of time—a thing which could never be considered as likely to happen. In the case of two persons dying at sea the presumption of Roman law was that the eldest would live the longest.
said, the right hon. Gentleman had referred to his acrostic, but had not attempted to give them the least solution of it. He had put the case if the three instalments overlapped. While the overlapping went on the proprietor of the estate would be practically dispossessed. He thought the Chancellor of the Exchequer ought to endeavour to avoid possible injustice.
* said, the Chancellor of the Exchequer had not answered the case mentioned by the Leader of the Opposition a few nights ago, which was an absolute case. At this moment there were four instalments running upon that estate, which was of some £10,000 value. The succession devolved upon one of three old ladies in 1890. In April, 1893, that old lady died, who left it to another who died in August, 1893, and left it to a third who died on the 11th of April of the present year. If the charge upon each death were £75 the amount payable would be £300 on the whole income of the estate. Hon. Members would ask why the owners did not sell the property? As a matter of fact, they were willing to sell it for half its value, but could not get a bid for it. They were, therefore, bound to keep the property, and pay the rates, whilst under the present Bill they would be forced to pay the whole of the income of the property—namely, £300, to the Chancellor of the Exchequer. The right hon. Gentleman must see that the facts of this kind were sufficient to make out a primâ facie case for considering the Amendment. If the clause remained in its present form the result would be to substitute a gambling for a business transaction as far as the Exchequer was concerned, inasmuch as it was probable that what would be lost upon one estate would be gained upon another. It was obvious that people who saw that the whole of their income would go to the Exchequer would make provision to prevent this happening, and there would be unlimited evasion of the Bill. He would ask the Chancellor of the Exchequer whether, before the Report stage, he could not consider what would be the financial effect of the adoption of the Amendment? Surely it would be within the right hon. Gentleman's power, even if he did not accept the limit of four years, to agree to a limit which would not rob the Exchequer, but which would prevent the occurrences of the extremely hard cases that were likely to occur if the clause were passed in its present form.
said, he had heard of a case in which three old ladies, sisters, aged respectively 81, 83, and 90, died in one week. Under this clause such a case would be a very hard one, and he thought provision ought to be made to meet it.
said, this was really a very important question, and he should like to add his appeal to those which had been made to the Chancellor of the Exchequer. Several cases of very great hardship had been mentioned. The Chancellor of the Exchequer did not deny the hardship, but admitted it, and his only answer was to point out hardships which existed under the present law. No doubt hardships did exist under the present law; but when a Chancellor of the Exchequer took in hand the reform of the whole system of Death Duties, surely his object should be to remove hardships. Instead of removing hardships the right hon. Gentleman was increasing them. The right hon. Gentleman said that if an attempt were made to remove a particular class of hardship the result would be that the State would lose. He (Mr. Balfour) must point out to the right hon. Gentleman that there were occasions on which it was better that the State should lose than that individuals should lose. It was better that the estate should lose than that property should pay the Estate Duty three or four times over within a very short period. The Chancellor of the Exchequer said that, on the whole, he was doing rough justice. This reminded him of the story of a certain cynical Judge, who was reported to have said that rough justice was done by the Courts because, although it was perfectly true that a certain number of guilty persons were found not guilty a certain number of innocent people were convicted.
My hon. Friend says that we ought to consider this question from the point of view of the advantage of individuals rather than from that of the advantage of the State. But he must observe that in the case of rapid successions by death there are several individuals who profit, whereas if there is a long interval between successions there is only one who profits during that period. Those who succeed rapidly get more than they have a right to expect. They are made happy under circumstances which they had no right to look forward to. I think, therefore, my hon. Friend should accept the arrangement as one of the greatest happiness to the greatest number.
said, the reply to the extraordinary argument of the Chancellor of the Exchequer was that if a couple of deaths occurred within a very short period the successor who survived for only a short time could not be said to rejoice to any extent. In the case of real estate it would be the estate itself which would suffer.
No, no.
said, he was perfectly aware that the hon. Gentleman opposite (Mr. Brunner) always pooh-poohed that argument, but he did not think that the hon. Gentleman could have had much experience of real estate. He imagined that the greater part of the hon. Gentleman's property was in personalty. Those who were acquainted with estates in the country knew how great an evil it was if such an estate was so burdened that the proprietor was not able to do justice to it.
said, there were gentlemen on the Government side of the House who talked ometimes about real property, and one hon. Gentleman said the other night that he would support every line of the Bill because he did not happen to own a single acre. When statements of this kind were put forward he (Mr. Wingfield-Digby) thought that some words ought to be spoken to show the hardship that would fall upon others besides the actual successors to property unless some Amendment of this kind were adopted. All the agricultural labourers who were employed on the property and all the farmers who were connected with it would necessarily suffer. The tradesmen in small towns, the village carpenter and the small builder who got work to do in connection with improvements and repairs on the estate would also suffer.
* said, that the cases dealt with in this Amendment would frequently occur, and in such cases an injurious effect would be produced upon the property. As the hon. Gentleman opposite (Mr. Wingfield-Digby) had pointed out, it was necessary to consider the interests of the locality. If there were two successors within a year who had to pay 7 per cent., a total of 14 per cent., the Estate Duty, with the Legacy Duty, would bring the payment up to, say 20 per cent. This payment by the Bill was spread over eight years, and would absorb the whole income. The practical result would be that during those years the State would be the beneficial owner and would obtain all the beneficial interest. He asked, was the State prepared to perform the duties of the landlord? Of course, hon. Members knew it was not. That being so, it was clear that unless some such Amendment as this were adopted great disadvantage would result to all the persons living on this property, and it was in their interest that he pressed the Chancellor of the Exchequer to grant some alleviation in such cases.
I am ever ready to meet arguments brought forward with reference to this taxation, as it directly affects individuals, but I must also say a word upon its indirect action, because not only in this House but out of it I hear an argument which I cannot give any assent to—namely, that particular classes of the community are to be exempted from taxation in a manner in which other classes are not exempted, in order that they may be generous and munificent. That is a view to which I will never assent. I am glad that people should be munificent and generous; that they should keep great houses and should open them to their neighbours; but I am not willing that such munificence and generosity should be founded upon the fact that the money used for the purpose is an exemption from taxation to which other people are liable.
* : That argument has never been used outside this House nor in it. It has not been demanded that people should be exempt from taxation because they are munificent or generous. The demand put forward has been that the Chancellor of the Exchequer should consider the effect of the new taxation he seeks to impose. The custom of this country has been that persons who possess landed property do not spend all the proceeds of it upon themselves. They spend a portion upon the community around them. They spend a proportion of the money they receive in the employment of labour and the employment of tradesmen, and in a manner which does not affect the person who spends it so much as it does those who receive it. I know one estate with which I have had to deal officially where there is, of course, a non-resident owner—the Duchy of Cornwall. Even there, there are charges on that estate which have become as certain charges as if they were the indebtedness caused by mortgages—the endowing and repairing of churches and schools, and the maintenance of persons in the locality. The charges for these and other purposes have now become fixed charges on that estate, and they make a very substantial difference between the gross and the net income. Those who say that these are expenses incurred through generosity only must recollect that if you take away the means of meeting such expenditure you injure not so much the person who makes the payment as the person who receives it. If the Chancellor of the Exchequer says, "I am careless whether these payments are made or not, and I am going to cripple the person who has made them," he will injure not the person he is aiming at, but the person who has hitherto benefited by these payments. That is the argument which has been used in this House. The Chancellor of the Exchequer has misrepresented that argument, but he has never answered it. I think he ought to answer it. If he prevents these benefits being continued from what source are they to come? If they are discontinued will he tell the Committee who will suffer: will it be the person who does not continue them, or the persons who do not receive them? The Chancellor of the Exchequer twice in my hearing has said this is an attempt of a class to obtain exemption from taxation.
SO it is.
Let those who say "so it is," in a way that conveys no argument, meet us in fair argument. If by this taxation you take away the means of those who have spent money for the benefit of a community, where is the vast expenditure to come from? If they gave us some information upon that point, they would support the Chancellor of the Exchequer much better than by saying "so it is," which conveys no argument whatever. I would appeal to him to be good enough to say how the case that has been put to him is to be met?
I think I can answer my right hon. Friend by this illustration: A man keeps a certain number of horses; he employs a certain number of servants, a certain number of gardeners, and so forth; you might enable him to keep more servants and more horses, and more gardeners, if you relieved him from all taxation, and you may, by any taxation you put upon him, make it more difficult for him to keep so many horses, and so many servants, and so many gardeners. But if it does not apply to the Estate Duty only, why do you not relieve him from the Income Tax, or when you are increasing the duty say it shall not be increased upon them, because if you do they may keep half-a-dozen less horses, half a dozen less grooms, gardeners, and so forth. It is because of this very argument—that would go to the extent of relieving this particular class, because they employ, it is said, on their estates a certain number of people, and therefore should be furnished with the means of doing so by an exceptional proposal of taxation—that we cannot accept that principle.
* : That is not the principle we have asked my right hon. Friend to accept; he has not met the point at all; I am not asking for ex- emption where money is being spent on the employment of horses or servants, or anything in the nature of personal luxury, but where money is spent upon subjects which are fixed charges of occupation. Take the case of open pleasure grounds—and I know of one that is visited by half a million of people free of charge during every year, but which grounds will have to be closed if this taxation is imposed. All this is a benefit to the public, and it is no answer of the Chancellor of the Exchequer to say you have so many servants, so many grooms, or so many horses. I said nothing about them, and the Chancellor of the Exchequer has entirely changed the issue by putting forward a case that is not suggested; he has not answered the case that has been put to him, and he seems to think when arguments are used outside this House it is fair to those who use them to change them to a new form of issue. I say that no answer has been given.
said, it was most extraordinary to him that the Chancellor of the Exchequer and some, if not all, of his supporters continually met their assertion by saying that they on their side of the House had asked for exemption from taxation. They were doing nothing of the kind, but in this instance they asked that where a particular tax under certain circumstances inflicted hardship and injustice that it might be modified. He trusted that even yet the Government might accept this reasonable Amendment proposed by his hon. Friend the Member for Sussex (Mr. Heywood Johnstone). If they were to go to a Division let there be no mistake as to what the issue was. If the right hon. Gentleman wished to inflict an additional blow upon an industry that was already very heavily burdened let him say so boldly. The effect of accepting this Amendment upon the Revenue would be very small, as it could not arise in a great number of cases; but it would not be small in the particular cases put forward by his hon. Friend, because it would not only affect the case of the estate, but all those who were dependent upon the estate, therefore to them it was a very great question, whilst to the Revenue it was very small. What they had to decide was whether they were going, with their eyes open, to vote for a thing that must be the means of inflicting great hardships upon many persons?
* said, the case alluded to by the right hon. and learned Gentleman was very different to what the Chancellor of the Exchequer represented, and if the Committee would allow him he would tell them an instance which he knew to be a fact, an instance which was occurring at the present moment. It was the case of a property the owners of which let the house and the shooting, consequently there was no question of keeping servants, grooms, gardeners, and so forth; but yet it cost the owners £1,500 a year in wages to agricultural labourers, estate carpenters, and others who dwelt in the village connected with the estate. During the last five years, whilst the expenses had been £1,500 a year, the net income was only £150 a year. The owners had determined to go on with this expense for the sake of those dependent on the estate for employment, but if the Government were going to inflict these duties upon them it would be absolutely impossible for their successors to continue this expenditure of £1,500 a year.
* : The argument used by my right hon. and learned Friend the Member for Bury (Sir H. James) amounts to this: that if you pay a certain proportion of income for laudable purposes it is not fair to tax the capital on which that income arises, and he introduced the element of charities, saying that sums of money are given—and I admit most wisely and properly given—for the support of churches and educational purposes, and that that was expenditure that entitled the money to be exempted from taxation. But is liberality confined to the owners of land? Are there not large sums of money given by those whose property consists entirely of personalty? The right hon. Gentleman the Member for Bury has entirely changed the issue. The case shown is one of hardship with reference to duties recurring too frequently, whereas the argument of the right hon. Member for Bury is an argument against taxing large properties altogether, but the Committee has de- cided that, and it cannot be reopened. A case was put by the hon. Member for Peebles (Mr. Thorburn), which, he said, had recently arisen, the case of three ladies dying within a week where the property was taxed three times. Suppose that property, instead of being land, was Consols—£10,000 of Consols—there is no addition to the duty payable under the present Bill, but the existing law would require on the second and third death the same duty to be paid as on one; the Probate Duty would be paid, and if it was not a case of transmitting property from father to child, Legacy Duty would have to be paid in addition; therefore there is no new principle introduced into the law as to personal property. Take real property. Suppose the interest was one of a tenant for life, if he died pending the payment of the duty with no instalment paid, the estate would not be called on to pay the unpaid instalments; but supposing he was absolutely entitled, or was a tenant for life with a power of appointment on his own death, that privilege would not apply, and he would, or his estate after him would, be liable to pay the whole unpaid instalments. But the Government have met that very liberally. On large landed estates they provide that only one duty shall be paid under one settlement, no matter how many lives take an interest in that settlement.
I gave an unsettled case.
* : I know; but the great bulk of landed estates in this country are settled, and where, these rapid transmissions take place from brother to brother—for, after all, that is the real case that is put, suppose that one brother dies in the service of the Queen, in warfare, and he is succeeded by another brother—no further money is paid; 1 per cent. covers all the transmission from one to the other. Why should a person absolutely entitled to landed property be put in a different position, with reference to the payment of the duty, to persons absolutely entitled to personal property?
In the case I mentioned he neither receives income nor can he dispose of the principal.
* : Does the hon. Member think there is no other property on which there is no income? During the last few years there has been an enormous amount of personal property in this country that has not brought in any income. Does he suppose there is not a very large amount invested in trade that brings in a very small income? The argument of the hon. Gentleman opposite is that if you compel an owner to close his place or cease keeping up his estate you are putting a large number of persons out of employment. So you are where the cotton millowner is obliged to close his mills. I do not know what hon. Members behind me will say as to the cotton trade, but in the iron trade the profits have not been of late years 3 per cent, upon the capital employed in it. In assessing taxes you cannot go into the question of what is the productive character of that in which this capital is invested. You take it on the value of the invested capital at the time, whether it is cotton mills, ironworks, Consols, or lauded estates, and I am sure the Amendment to the clause introduced into the Bill by the right hon. Gentleman the Leader of the Opposition has very fully guarded the community against any excessive taxation with regard to property under special depreciation arising from the causes to which hon. Members have alluded. There is no desire to inflict any injustice upon any class at all, though one would suppose, according to hon. Members, that the Government have some vindictive purpose in introducing this measure, and, desire to make the tax as onerous as possible. The Chancellor of the Exchequer laid down that the principle of wise taxation is to collect the tax with as little friction as possible, and he has shown, by the large number of Amendments he has accepted, his readiness to meet the views of hon. Members on that point. The hon. Member opposite put a possible case. I will not say such a case has not happened, but he puts a case and asks the Government to introduce a principle that would strike at the root not only of this Bill, but of the Probate Duty. I know where settled estates have not been disturbed for 60 years, and where, under the proposal of the Government, no additional duty would be payable. The same applies to large owners of personal property—if they have a long life you might say the State loses; if they have a short life the State gains, and yet I am sure the hon. Member would be astonished if the Government proposed that every estate should pay at a certain fixed period. That is not the principle on which we have gone, and, without going into the general question which the right hon. Gentleman the Member for Bury (Sir H. James) raised—
* : No, no; the Chancellor of the Exchequer raised it.
My right hon. Friend is incorrect; the question was raised by the right hon. Gentleman the Member for the University of London, and I was replying to him.
* : The Chancellor of the Exchequer said, "I am replying to speeches made out of this House and in," and I was replying to those observations.
By whom?
You know.
* : Now let me recall the Committee to the Amendment before it, which is whether there is to be exceptional legislation in the case of estates which, from exceptional causes, change hands at a more rapid rate than in the normal state of affairs. Unless you are prepared to take both sides of the question and cleat with estates which do not change hands so rapidly, it is impossible to accept the principle of this Amendment.
* : I wish just to say a word by way of explanation. The Chancellor of the Exchequer followed me in Debate, but he has not answered me. I said nothing whatever about munificence; I was talking about the repairs to farm-buildings and expenses of that kind, and my argument was that for several years the State would be the real owner, but would do nothing to keep up the property.
* did not think that anyone, on that side of the House would find fault with the rebuke administered to his colleague by the right hon. Gentleman the Secretary of State for India. At the time the right hon. Gentleman rose he (Mr. Cohen) was trying to catch the Chairman's eye, in order to do what the right hon. Gentleman did—namely, to bring the Chancellor of the Exchequer back again to the Amendment they had been discussing up to that time. The Chancellor of the Exchequer would be the last to say that after he had, no doubt unintentionally, altogether misrepresented the argument, which he did not condescend to answer, that the right hon. Gentleman the Member for Bury (Sir H. James) was wrong in endeavouring to reply to the remarks which the Chancellor of the Exchequer so irrelevantly introduced. The Committee would see, as the Secretary, of State for India pointed out, the question before them at this moment was the question to which the Secretary of State for India, in the latter part of his speech, addressed himself, whether the Chancellor of the Exchequer should give exceptional treatment to estates under exceptional circumstances, and he did not think it was a good argument to adduce that no case was made out for exceptional treatment because under a different condition of affairs this exceptional treatment was not necessary. It was because the duty was now proposed to be seriously increased, to an extent which under certain circumstances became absolutely oppressive, that they thought a case had been made out, not in the interests of any particular class, but in the interests of the Exchequer and the Chancellor of the Exchequer himself. He would not cite cases of a million, as be thought the case was strengthened by referring to those that arose week by week and day by day, and if brothers succeeded to an estate of £40,000 or £50,000, surely not a very large amount, within a short interval they were eating up those estates and destroying them within a period of 20 or 30 years. And what did the Exchequer do? They were not spending their money on reproductive work, in maintaining and increasing the value of their estate, but as it passed from successor to successor they ate it up and destroyed it until in time there was absolutely no backbone and no reserve in this country. It was in the interest of the Exchequer of this country that the strength of the country, which consisted in its wealth, should be preserved, and the Amendment had been proposed in that view and, he thought, ought to be accepted.
I wish to say one word about this very important case. The Government, through the mouth of the Secretary of State for India, stated the special provisions of this Bill, against which this Amendment is directed, are not intended for the defence of any class. I accept that, and it is not in defence of a class that I wish to offer a defence of this Amendment. The Chancellor of the Exchequer tells us this scheme works out "fairly, upon the average"; but what does his "fairly, upon the average" mean? It means, in the mind of the Chancellor of the Exchequer, that he will not get out of the property on the whole more than he ought to get out of it, but by the particular method in which this taxation is levied it will be inequitable. There will be a large number of individuals at one end of the scale who will be clearly ill-used, and at the other end of the scale there are others who will not pay what they ought to pay. By what canon of justice do you get rid of an inequality by simply throwing an unfair share of burden upon the owners of those estates on which there happens to be a larger number of deaths in a comparatively small space of time? That is the broad issue, and I do not wish to dwell upon it, as it has been before the Committee at sufficient length. But there is one thing that has not been put before the Committee to which I wish to call attention. The Secretary of State for India pointed out truthfully that one method was provided under this Bill by which the grosser forms of this inequality could be avoided by the owners of property, and that was the method of putting your estates into settlement. If you do that, no doubt, however many deaths occur, no special taxation is thrown on the capital value of the property, but is it part of the deliberate policy of the Government to compel everyone to put their property in settlement? I have always understood that while settlement was a procedure tolerated by the various Governments of this country, it was not one generally approved by any, and not at all by hon. Gentlemen opposite. I thought it was one of the canons of their policy that settlement should be discouraged; but if you are going to provide settlement as the only way in which gross injustice to individuals is to be avoided, then everyone who anticipates such a disaster will, of course, feel driven to settle their property, however they would be glad to leave it in some other way. This is an argument it is worth while the Committee bearing in mind, and it affords me an additional reason for supporting the Amendment.
said, it was not until the concluding sentence of the speech of the right hon. Gentleman the Secretary of State for India that he had any idea the right bon. Gentleman had ever read the Amendment. The right hon. Gentleman said that the Amendment asked the Committee, to introduce a new principle into the taxation suggested by this measure. There he thought the right hon. Gentleman had fallen into exactly the same error which, with all due respect to him, the Chancellor of the Exchequer had fallen into in imagining that the certain injury to the individual was to be in any degree outweighed by loss of profit to the State. Was it a loss of profit, after all? because, on the hypothesis of the Chancellor of the Exchequer himself, it should be regarded rather as a windfall. The Chancellor of the Exchequer did not lose a certain amount of money which would otherwise come to him, but he was put into the fortunate position of receiving, within a rapid interval, what might be spread over a considerable number of years. He asked hon. Members to read this Amendment before they voted upon it and to remember that it did not interfere with graduation and with aggregation, and it raised no difference whatever between the treatment of real property and personal property. It did not attempt, in any way whatever, to favour realty at the expense of personalty, and he asked the Committee to adopt the Amendment.
said, that as so many references had been made to the small amount which the Exchequer would lose under this proposal he would ask the Chancellor of the Exchequer if he had made any estimate as to such loss?
was understood to reply in the negative.
said, there seemed to be a general consensus of opinion that if the system of Death Duties as proposed by the Chancellor of the Exchequer was to take effect and this Amendment were not accepted, the result must be the withdrawal of a large sum of money now annually spent, and upon which the agricultural community of the country depended. If that were so, what was the use of hon. Gentlemen opposite going about the country and professing to say they wanted to keep the agricultural labourer upon the land, when the result of this clause must be to withdraw the expenditure on which the agricultural labourer depended? The Government by their action would be withdrawing the inducement for, or the possibility of, the agricultural labourers remaining in the country; therefore let it he clear that when hon. Gentlemen opposite acknowledged they withdrew the money on which the labourers lived, the effect of that withdrawal must he to drive the agricultural labourers from the villages into the towns. The Government were taking up this line upon this Amendment, and he dared them to go to the country afterwards. [ Ministerial cheers .] He wished they were as ready to take up his challenge as they were to cheer. After taking up this attitude he would challenge the Government to go to the country and tell the agricultural labourers they were advocating their cause and were desirous of keeping them in their homes, when, as a matter of fact, they were adopting legislation which would have the effect of driving them out of their homes.
Amendment proposed, in page 10, line 38, at the end of the Clause, to add the words—
"Where by reason of another death a second Estate Duty shall become payable upon the same property within four years, it shall be levied and paid in respect of such property at one-half of the rate payable upon the principal value of the estate in which it is included."—( Mr. Heywood-Johnstone .)
Question put, "That those words be there added."
The Committee divided:—Ayes 160; Noes 199.—(Division List, No. 121.)
Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."
* said, that this clause raised for the first time to any extent the suggestion of progressive, graduated taxation. He would not stop to inquire whether they had been right or wrong in the principles which in this country they had hitherto held—the principles of encouraging individual exertion and protecting the individual in the enjoyment of the fruits that he had won by his labour. The graduation of taxation took an entirely different view of the matter. The view now put before them was, that, in the case of a man who exercised frugality, thrift, and diligence, and who by those qualities won a great prize, the State was to step in and take a large share of it away. The greater the frugality, thrift, and diligence, and the greater the prize won, the larger was the amount taken away from him as a penalty for having been so successful and industrious. It had been said of the rich man, of the successful man, "he heapeth up riches and cannot tell who shall gather them," but he could tell now. It was the Chancellor of the Exchequer who would gather them. He should like to know what kind of encouragement this new principle in its application would be to the industrious man starting in life conscious of ability and capable of making great exertions? Would it not be a discouragement to him to know that if he succeeded greatly he would be despoiled greatly? If he acquired a large fortune, instead of leaving it to his children, a much larger portion of it would by this progressive or graduated principle be taken from his children than if he had been less successful in the race of life. If it be the real object, as it was with some, to reduce them all to one level, he thought the principle of graduation should be applied a little earlier—namely, to the earnings of a man rather than to the property he left. They should have an all round 8s. per day, for Solicitor Generals and all—even Chancellors of the Exchequer. That was the true application of the principle; but when they left a man free to earn any wage by any means, then, having left him free all his life, to come in at the end of life and say they were going to take away the prize was a kind of public policy calculated to stunt the growth of this country and to degrade the individual in it to something much lower than anything he had ever been known to be. But if they were going to apply this progressive principle, at any rate let them apply it rationally. The Chancellor of the Exchequer and the Secretary of State for India had said they should apply it in such a way as to produce equality of sacrifice and to equalise taxation. Yet how did they apply it in the clause as it stood? Under this clause, the millionaire who inherited £1,000 from a butler paid £20, but the butler who inherited £1,000 from a millionaire paid £80. That sounded like a comic invention, but it was in the Bill. If they were going to apply graduation that was not the way to apply it. But graduation in any shape inflicted a very grave disability and serious difficulty upon the tax-collector, and he, for one, had never been able to shake himself free from those principles of tax collection he imbibed during the five or six years he spent in the Legacy Office. The difficulty in connection with graduation was that if they levied a greatly increased tax upon the larger estates they would render the sum payable for duty so large that every kind of ingenuity would be exercised in order to prevent the State from getting it. There were two ways by which the State might be prevented getting the tax—one was evasion and the other avoidance.
I must point out to the hon. Member that the principle of graduation of the Estate Duty is not open to discussion. The only question open is the scale. You must take the clause as it is.
I presume I am not out of Order in discussing graduation.
It would be out of Order to discuss anything else but the scale.
said, that inasmuch as the scale was founded on graduation, he understood he might refer to it, though not at great length. He had been curious to know where this progressive graduation principle was borrowed from. He at first thought that the Chancellor of the Exchequer had invented it; but when he came to reflect on the usual genesis of things, he came to the conclusion that he should find it in the French Revolution. There accordingly, having searched, he did find the original inventor of progressive taxation, and the name of that original inventor was Tom Paine—English outlaw, French law-maker, member of the French Convention, atheist, and revolutionary. The Chancellor of the Exchequer was a degenerate descendant of the great atheist, for he had not applied the principle properly, and Tom Paine was much cleverer than the right hon. Gentleman. In his Rights of Man , written in 1792, Paine said this—
"Admitting that any annual sum, say, for instance, one thousand pounds, is necessary or sufficient for the support of a family, consequently the second thousand is of the nature of a luxury, the third still more so, and by proceeding on, we shall at last arrive at a sum that may not improperly be called a prohibitable luxury. It would not be politic to set bounds to property acquired by industry, and therefore it is right to place the prohibition beyond the probable acquisition to which industry can extend; but there ought to be a limit to property or the accumulation of it by bequest. It should pass in some other line. The richest in every nation have poor relations, and those often very near in consanguinity. The following table of progressive taxation is constructed on the above principles, and as a substitute for the commutation tax. It will reach the point of prohibition by a regular operation and thereby supersede the aristocratical law of primogeniture."
That was exactly the same, object as, the Chancellor of the Exchequer's, but the way in which Tom Paine's scale was carried out was a scientific way. It proceeded thus: On the first £1,000, 1 per cent.; on the second £1,000, 2 per cent., and not when there were £2,000 to put the whole extra charge on the whole £2,000, but only on the second thousand, whereas the Chancellor of the Exchequer put the extra charge on the whole. Under Paine's system the charge at this rate on the £2,000 would b9 30 per cent., whereas under the Chancellor of the Exchequer's system it would be 40 per cent. On the other hand, as they rose higher on, the scale increased, and Tom Paine's scale would catch up to the Chancellor of the Exchequer's, and the larger properties would give him a higher duty than he even now asked for. He therefore sincerely regretted that among all the studies of Adam Smith and other great men the right hon. Gentleman had kept aloof from the sympathetic pages of Tom Paine, and that, consequently, instead of presenting to them a scientific scale going on a proper curve and acting on a comprehensible principle he had presented to them a scale, which, he ventured to say, was a very bad scale indeed. In Victoria exactly the same mistake had been made, and he quoted Victoria because, like Adam Smith and Tom Paine, Victoria was one of the authorities the Chancellor of the Exchequer believed in. In Victoria, as he had said, exactly the same mistake was made in proposing progressive taxation that the Chancellor of the Exchequer was making at this moment. When first proposed in 1870, the whole range of properties from £1,000 to £100,000 was put into five categories. But it was found that the jumps, not merely in the limits of the property, but also in the rate of tax, were so great that hardship was inflicted in some cases, and the Estate Duty was evaded or avoided in others. The result was, that in 1890 an amending Act was passed in which the five categories of properties were increased to nine, and two years ago a still further amending Act was passed, by which the categories of property which originally stood at five were increased to 37. Consequently, we should be exposed in this country to the same inconvenience to which people of Victoria were exposed before they made the Amendment. Before long the Chancellor of the Exchequer would find it necessary to do what had been done in Victoria—;namely, to make the period shorter, and make the steps in the variations of duty shorter, and consequently bring his scale more into accordance with the facts of life. But the scale applied as well to property outside as within the United Kingdom, and the Chancellor of the Exchequer had more than once admitted that he could not get the duty upon property outside. Take the case of the hon. Member for the Carnarvon Boroughs, who might be assumed to be a millionaire, and who said he had half his property invested abroad. Upon that £500,000 the Chancellor of the Exchequer could not get the duty. Aggregating that sum with the other £500,000 in this country it would he chargeable with 8 per cent.; but since the duty could only, as was now admitted, be got out of the property here, the property here would therefore be charged at the rate of 16 per cent.; an extra tax upon property in this Kingdom, of a very remarkable kind. Not only that, but by the fact of the aggregation the property pays more than it should. Supposing an individual has £500,000 of property abroad out of a million, it would be liable to 8 per cent., and the £500,000 here would pay therefore £80,000 duty, while a property of an equal amount here—namely, £500,000, if all here would only pay £35,000. This was the result of the Chancellor of the Exchequer's scale, and he would hardly mend it by setting up reciprocity, which apparently meant that duty levied on property in Victoria might be deducted from the amount of duty on that property payable here, if the duty levied on property here were deducted from the amount of duty on that property payable in Victoria. But there was no such duty as that payable in Victoria.
pointed out that the Committee was not now discussing general principles.
* said, he would not, of course, dispute the Chairman's ruling, but he was addressing himself to the proposed scale. The Chancellor of the Exchequer had gone to a considerable length in framing this scale. Two different systems were proposed; one for the Colonies, and the other for foreign countries. But he had always hitherto in Customs Duties repudiated that system of differentiation. It seemed that the system which was renounced at the Custom House was to be set up and worshipped at Somerset House. He could show that this scale of duty when put into operation would yield to the Chancellor of the Exchequer less money than he collected under the present system, quoting from the Returns of 1891–2. No tax varied so much as the Death Duties. That was one of the objections to them. They came in an unequal manner, but, broadly speaking, they came to 4½ per cent. all round. There was a very important matter in regard to the reductions on small estates. Estates under £50,000 formed 99 1/10 per cent. in number, and in value they constituted 60 per cent. of the whole. Under this scale, broadly speaking, there was no increase on properties under £50,000, but, on the contrary, a decrease on the tax levied upon the smaller estates. This Estate Duty, which was going to give the Chancellor of the Exchequer such an enormous result, from £3,500,000 to £4,000,000, must therefore arise from other properties beyond those of smaller value to the extent of 60 per cent.
asked from what the hon. Member was quoting?
said, he was quoting from the statistical abstracts issued by the Board of Trade.
pointed out that the hon. Member was dealing with settled property, and, leaving out real estate, was only taking personal property.
* said, he was taking all property, real and personal, which was subject to Death Duties, and for the purposes of the proportion the figures he was giving were sufficient. At all events, the Chancellor of the Exchequer was wrong in fact when he said that real estate was left out. On only 40 per cent. in value would the duty be increased—in some cases considerably, but on the whole to an extent much less than the Chancellor thought, for the reason he would give. It was extremely dangerous greatly to increase the scale only in the case of the large estates, because they would thereby greatly increase the temptation to both evasion and avoidance. So hardly would this scale press upon people that they would try to a much greater extent than at present to avoid the payment of Estate Duty by making gifts to eldest sons and others during their lives. In itself that would no doubt be a good thing, but it would be bad for the Exchequer. Something would be gained by the Chancellor of the Exchequer on settlements and something on real estates, but it would be very little, probably not above ½ per cent. He would also gain something by charging on the capital value of real estate instead of upon the annual value of life interests. In introducing his Budget the Chancellor of the Exchequer represented that that would be something enormous; but he had since admitted that the whole result upon the equalisation of realty with personalty by charging upon capital value instead of life interests would only bring in £100,000, which was exactly 1–140th of the entire duty he expected to get. He had told the Chancellor of the Exchequer at the beginning that the results of this great alteration would be very small. The only really large increase arose from property out of the United Kingdom, and that being now given up the basis for the anticipated increase from this Finance Bill was gone. In a large number of cases of real estate there would be an absolute diminution of chargeable value. What with giving up property out of the United Kingdom, what with the exemptions of property under the £300 scale, the £500 scale, and the £1,000 scale, with evasion and actual avoidance of duty, instead of getting more money under this system the Chancellor of the Exchequer would get less than at present. He expected, instead of £10,000,000, to get £14,000,000. If he got £9,000,000 he would be very lucky. A better argument might have been put forward, against this scheme if the right hon. Gentleman had given the figures necessary; but he had not done so, and his opponents had to do the best they could. For this small, this negative result, was it worth while to abandon the old paths, to leave the old system of levying duties, and to upheave the whole of society? [ Laughter .] Yes, it amounted to that. Was it worth while for so small a result? When posterity came to examine this Budget, the Chancellor of the Exchequer would not be praised by some and blamed by the others as the inventor of a great democratic Budget, but he would be universally ridiculed as the man who had propounded a system which was equally impracticable and nonsensical.
* said, that in carrying out this extensive alteration in the Death Duties everything possible should have been done to remove the hardship and injustice upon the persons who had to pay them. The Chancellor of the Exchequer had answered the statement that this Bill created anomalies by saying that there were other anomalies in taxation—Income Tax and otherwise; but the existence of other anomalies, which were the cause of great irritation, was surely no reason for creating fresh ones, to the extent that this scale would create them. The Government were establishing a scale which would cause immense friction. Whenever an estate was near the mark, there would be a feeling of injustice. Although the Chancellor of the Exchequer would probably not accept his Amendment, perhaps he would accept some of the changes indicated in the second scale. The changes he referred to were for levying the duty on the minimum scale. Supposing an estate amounted to £15,000; the lower duty should be levied on the property up to £10,000 and then between £10,000 and £15,000, the higher duty should be chargeable; or if it was an estate worth £120,000, the lower rate on £100,000 and the higher on £20,000, if that scale had been adopted by the Chancellor of the Exchequer it would have saved all the natural irritations which would arise, and its adoption would have had a tendency to recoup any loss, by the fact that no inducement would have been given for evasion. If even one large estate was kept below the margin line, it must be remembered that the loss would be considerable on an estate kept just under £1,000,000; the loss would be £5,000. In the case of large estates, the whole property could not be valued absolutely to a shilling, but much of it would be a matter of estimated value; and if his scale had been adopted, much fairer valuations would be obtained than under the proposed system. The Chancellor of the Exchequer was, however, determined to carry out his system, but it would lead to great discontent and disappointment. People would feel that the higher scales were too high and too grasping, and they would manage to evade them. He heard the other day from the son of a rich man of a case in point. The son was of opinion that this was "the best Budget that had ever been produced." Asked why, he replied: "At the present time my father is handing over to me the property and estates without waiting for his death." That was what was being done by a very strong supporter of the Government; and no doubt those blessed with property running into seven figures would so arrange the disposition of their property as to defeat the Chancellor of the Exchequer's demands.
said, that in every scale proceeding by classifications or jumps there must be inequalities; but the Government scale, rising only by one-half per cent., was a moderate proposal, and he did not fear producing results anticipated by the hon. Member. There had been many ingenious plans devised for reconciling the interests of the father and son in these matters, and one of which he had heard particularly recommended itself to his sense of justice. The proposal was that a law should be passed compelling the father at a certain age to retire on the allowance which, up to that time, he had made to his son. That would induce fathers to make their sons a handsome allowance. He could only congratulate the eldest son in the case mentioned by the hon. Member who had last spoken to whom his father had already commenced assigning his property. There was one thing which hon. Gentlemen opposite must have heard with satisfaction. The one infallible authority on the subject—the hon. Member for Lynn Regis—had assured the country gentlemen that land would pay less under the Budget than it did now.
I did not say that; I said in some instances. The large estates, of course, will pay more.
said, he understood the statement to be that under this Budget less money would be collected than at present, including the large estates.
* said, he really could not allow himself to be both contradicted and misrepresented. His prediction was that the whole return of Death Duty would be less under this scheme than now, not in the case of land alone, though many estates would pay much less than at present.
said, that the country gentlemen were not concerned for the large estates; it was, of course, merely the small estates that they cared for. The hon. Member said that less money would be paid by the landed interest than formerly, and on that ground he invited the support of hon. Gentlemen opposite.
* could not submit to be so misrepresented. He must repeat that, in his belief, the whole returns for the Death Duties would be less than they were now—not the returns from land alone. A good many landed estates would pay less than they do now, but the large estates would, no doubt, pay a great deal more.
pointed out that if the Chancellor of the Exchequer had accepted either of the scales proposed on the previous day, this desirable result would have been achieved—that those who provided for the payment of the Estate Duty by the purchase of an annuity or by saving money would have had that money taxed on the lowest scale. The hon. Member for Bodmin had proposed that annuities should escape aggregation, because he argued, fairly enough, that a man might buy an annuity with the object of creating sufficient funds to pay the tax; but the Chancellor of the Exchequer had objected that it would be absurd and unreasonable to free that particular form of providing for the tax, and that there would be just as much claim to relief where a man had saved sufficient to pay his Estate Duty. His object in referring to the matter was to point out that where a person had either by purchase of an annuity or by saving money collected enough to pay the Estate Duty, on his death, that sum, although not completely escaping taxation, should be taxed on the lower scale. People should be encouraged to make provision of that kind during their lifetime by allowing the money to pass, if not free of taxation, at all events with as little charge as possible. By that means a feature of justice would be introduced into this Bill, and it was worth the careful consideration of the Committee whether even later on some modification might not be made for that purpose.
said, that the question involved was not the question of graduation, but the method by which that principle was to be applied. The scale proposed by the Chancellor of the Exchequer was open to grave objection on grounds of expediency and justice, and he hoped his hon. Friends would divide, taking the view of the scale proposed by the right hon. Gentleman.
Question put.
The Committee divided:—Ayes 192; Noes 145.—(Division List, No. 122.)
Clause 15.
moved, in page 11, line 5, after the words "principal value," to insert the words "ascertainable in manner before mentioned." The object of the Amendment was to secure that the amount of Succession Duty was arrived at by the same mode of valuation as was provided for Estate Duty by the new clause moved by the Leader of the Opposition last week, and accepted by the Government.
Amendment proposed, in page 11, line 5, after the words "principal value," to insert the words "ascertainable in manner before mentioned."—( Mr. Brodrick .)
Question proposed, "That those words be there inserted."
said, that since the Amendment introduced by the Leader of the Opposition with reference to the mode of valuing agricultural land, it was obvious that the principle ought also to be applied to Clause 15, dealing with Succession Duty, because that duty was to be levied on the principal value, and it would not be fair, under the circumstances, to deal with it in the way provided by Statute. But neither the Amendment of the hon. Gentleman nor the Amendment of the hon. and learned Member for York, lower down on the Paper, was near the mark of what he would like. What he would suggest was the insertion of the following words as a new sub-section:—
"The principal value of real property for the purpose of Succession Duty shall be ascertained in the same manner as it would be ascertained under the provisions of this Act for the purposes of Estate Duty."
* contended that the interpretation of "principal value," if inserted in the manner suggested by the Solicitor General, would apply only to cases where the successor was competent to dispose of the property. How, then, if the successor took only a life interest, would that interest be reckoned? Would it not be according to the mode in which a life interest was at present reckoned under the Succession Duty Act? Therefore, would there not be different modes of reckoning the value of the estate in the case of succession to the full estate and in the case of succession to a life interest? He thought the mode of arriving at the value of the property for the purpose of Succession Duty should be the same in both cases; and he doubted whether that would be provided under the words suggested by the Solicitor General.
said, it was perfectly true that where a successor was not competent to dispose of the property the mode of valuation under the Succession Duty Act applied. The only case in which there would be a change in the valuation was when the successor was competent to dispose of the property.
said, he wished to explain what he meant. The point, no doubt, was complicated, but it was a very important point. Under the Succession Duty Act a successor who merely took a life interest would, if the clause passed in its present shape, only pay on the value of his life interest—namely, on a certain number of years calculated on the term of life at which he had arrived. Where the successor took the full estate he would pay the duty on the full estate. But whether he paid on his life interest or on the full value of the estate, surely the mode of calculating what the value of the estate was ought to be precisely the same in both cases. If they allowed the law to stand as it was at the present moment, they would have under the Succession Duty Act a special and most complicated form of arriving at the value of the life interest in the case of realty. For instance, the mode in which timber was valued was extremely complicated; and was by no means, as he was personally aware, either satisfactory to the Inland Revenue authorities or to the person succeeding. Real estate was only liable to pay on the value of the timber on the estate, according as the timber was cut and realised for sale, and the liability might continue through sixty years if the life was as long, so that the owner never escaped from the liability to the duty for the whole of his life. That was a complicated way of levying duty, and the result, he believed, was that a great deal of duty was never paid. Now, what was the proposal which the Government had adopted in order to arrive at the principal value of agricultural property on the Motion of his right hon. Friend the Leader of the Opposition? It was this: that, subject to the governing principle of the market value, the principal value of agricultural property should be based on the assessment of Schedule (A) of the Income Tax Returns. That got rid of all those difficulties and complications that were inherent in the present system of the Succession Duty Act. It would be fair to the taxpayer, and infinitely less troublesome to the Inland Revenue. His point, therefore, was that where payment of Succession Duty was made on the life interest, as it would be in all cases of settled property, and where it was made on the full value of the estate, as it would be in future when the property was not settled, in either case the same rule of valuation should be acted on in calculating the amount of the duty that was to be paid. He was sure that if the Solicitor General considered the matter further and consulted with the Inland Revenue authorities, he would find that in that way only could they arrive at a satisfactory solution of the question.
* was understood to say that the Government only intended to apply the change of the valuation to cases in which the successor was entitled to dispose of the property.
said, the result of the Amendment of the Leader of the Opposition would be to give, in estimating the principal value for the purpose of Estate Duty, better terms than were now given in the case of estimating the annual value for the purpose of Succession Duty. But the precise reasons that induced the Government to give the better terms in one instance were strong enough to have induced them to give those terms in the other case. That was the point to which he wished to direct the attention of the Government, and nothing that had been said in reply ought to dispose the Government to continue in their unfavourable attitude.
promised to consult with the Inland Revenue authorities on the subject. His belief was that the Amendment he intended to move at the end of the clause would not carry out the effect the right hon. Gentleman desired, but it was better to insert that Amendment.
* said, he desired to point out that the succession created by this clause, under certain circumstances, would be a succession that did not exist under the Succession Duty Act; and therefore there was a strong case for the Amendment.
said, that under the circumstances, he would not press his Amendment.
Amendment, by leave, withdrawn.
said, it would be more convenient for him to move his Amendment at the end of the clause.
moved, in page 11, line 5, after the second word "property," to insert the words—
"After deducting the Estate Duty payable thereon and the expenses of raising and paying the same and vesting the property in the succession."
His objects were to secure that the amount for which Succession Duty would be payable, in the ease of £100,000 for instance, was £100,000 less the Estate Duty, and that was £94,000; that the expenses of raising and paying the Estate Duty, and the expenses of vesting the property in the succession should be allowed.
Amendment proposed, in page 11, line 5, after the second word—"property," to insert the words—
"After deducting the Estate Duty payable thereon and the expenses of raising and paying the same and vesting the property in the succession."
Question proposed, "That those words be there inserted."
said, there was one part of the Amendment of the hon. Gentleman to which he assented. He agreed that in the case of Succession Duty payable there ought to be a deduction in respect to Estate Duty, because the property to which a man succeeded would be less the Estate Duty. He also agreed to allow the expenses of raising and paying the Estate Duty; but he could not allow the expenses of vesting the property in the succession. That might mean the expenses of a great Chancery suit, for instance. He, therefore, would suggest as an alternative Amendment, to insert after the second word "property," line 5, the words—
"In respect thereof, on the said death, and the expenses, if any, properly incurred in raising and paying the same."
said, he could not gather that there was any strong object tion on the part of the Solicitor General to the concluding words of his Amendment. However, he would withdraw his Amendment, and accept the words of the hon. and learned Gentleman, hoping that the hon. and learned Gentleman would consider before the Report stage whether or not it was possible for him to go a step further.
Amendment, by leave, withdrawn.
Amendment proposed, in page 11, line 5, after the second "property," to insert the words—
"In respect thereof, on the said death, and the expenses, if any, properly incurred in raising and paying the same."—( Mr. R. T. Reid .)
Question, "That those words be there inserted," put, and agreed to.
On Motion of Mr. R. T. REID, the following Amendment was agreed to:—
Page 11, line 6, after "payable," insert "by the same instalments as are authorised by this Act for Estate Duty on real property."
said, he had been asked by his hon. and learned Friend the Member for the Isle of Wight to move the following Amendment:—Page 11, line 9, at end, to add the words,
"Where Succession Duty is chargeable on the principal value of real property, the provisions of Section 14 of 'The Succession Duty Act, 1853,' shall apply in the same manner as if that section were herein enacted and extended to a succession to real property as well as to personal property."
The object was simply to put realty in the same position as personalty with regard to the provisions of Section 14 of "The Succession Duty Act of 1853," which provided with regard to personalty that only one duty was payable in the case of two predecessors.
Amendment proposed, in page 11, line 9, at end, to add the words—
"Where Succession Duty is chargeable on the principal value of real property, the provisions of Section 14 of 'The Succession Duty Act, 1853,' shall apply in the same manner as if that section were herein enacted and extended to a succession to real property as well as to personal property."—( Mr. Byrne .)
Question proposed, "That those words be there added."
said, he had consulted with the hon. and learned Member for the Isle of Wight on this motion, and had suggested to him that the same purpose would be effected by making the end of the clause to run as follows:—
"And shall be payable with interest at the rate of three per cent per annum from the expiration of 12 months after the date on which he becomes entitled to the possession of the succession or is in receipt of the profits thereof."
said, that if the hon. and learned Member was sure that his words would extend the benefit of Section 14 of the Succession Duty Act to real estate he would accept them and withdraw his Amendment.
said, the matter was complicated. His object was to prevent escape from the payment of Succession Duty in any case where Succession Duty was payable now.
said, he was not sure that the Amendment of the Solicitor General would effect the object they aimed at.
pointed out that if this Amendment were adopted now the matter could not be properly dealt with afterwards. By the addition of the words—
"On which he became entitled to the possession or was in receipt of the profits thereof,"
the point raised by the hon. Member for the Isle of Wight would be met, unless he had changed his previous opinion.
said, he had received no intimation to that effect.
said, that no doubt anything found to be necessary could be inserted afterwards.
said, after the Solicitor General's statement the Amendment must, of course, be withdrawn.
* urged that the Amendment should be withdrawn, and the words of the Solicitor General adopted.
Amendment, by leave, withdrawn.
On Motion of Mr. R. T. REID, the following Amendment was agreed to:—After the words "arising on the death," insert—
"On which he became entitled to the succession or was in receipt of the profits thereof."
moved to add the words—
"The principal value of real property for the purpose of Succession Duty shall be ascertained in the same manner as it would be ascertained under this Act for the purpose of Estate Duty."
Question proposed, "That those words be added."
* said, the more he looked at these words the more he was convinced that the clause would not carry out the original intentions of the Government. He would not detain the Committee by repeating what he had already said on the subject if the right hon. Gentleman understood the point he desired to raise.
said, the legal authorities whom he had consulted were satisfied that the words would carry out the intention of the clause—namely, that on agricultural property the valuation should be made on the saleable value.
* admitted that that would be the result where the successor was competent to dispose of the property; but it would not be so in the case of a life interest. The words proposed by the learned Solicitor General would not carry that intention into effect where only a life interest, accrued. He felt quite certain that the right hon. Gentleman would admit that to be so on a careful re-perusal of the clause. The intention was that the value of the property should be ascertained in the same way whether the succession was to the life interest only or to the possession of the estate, where the possessor would be competent to dispose of the property.
reminded the right hon. Gentleman that in this case they were dealing only with the question where property passed in fee-simple, where the successor was competent to dispose of the property, and there the Government said that the valuation ought to be upon the principal value. In this clause they did not touch life interest coining under the Succession Duties.
* said, his point was that the annual value for the purpose of arriving at the life interest should be calculated in the same way, and that the same deductions should be made as were allowed in calculating the principal value. Under the clause as amended by his right hon. Friend the principal value of agricultural property was not to exceed 25 years' purchase of the annual value. Obviously where the successor took a life interest he should not have to pay at a higher rate than the successor who was competent to dispose of the estate.
again pointed out that in the case of life interests Succession Duty was payable, and that in the case of fee-simples the principal value was the question. That must be borne in mind in measuring the value in the two cases.
did not wish to interfere in the discussion if there was a probability of agreement, but he would submit that the Government ought to deal with life interest exactly as they dealt with complete interests. His hon. Friend had stated the case quite accurately in one point of view though not in another. Capital value was not ascertained from annual value, but was based on the selling value at the time of the death of the deceased. That was the basis of calculation for purposes of Estate Duty, though not in the case of Succession Duty where the estate passed to the heir. He did not agree with the Chancellor of the Exchequer that they were dealing merely with the life interest. Exactly the same rule should be applied. Take in illustration the case of a man coming into an estate of £10,000 a year arising from high rents with great probability of a large fall and the possibility of foreign competition in produce. It would be very likely that he would not have £10,000 a year during the currency of his life interest, and he ought to be charged at a smaller rate. The true way to arrive at that would be in the way suggested, and not as though he were owner of a property of that particular capital value. That was clearly the logical and ethical aspect of the matter, and whether it was the proposal of the Government or of his right hon. Friend in that way the scheme would be carried out on a logical basis. The Chancellor of the Exchequer and the Solicitor General would see that this placed the question in an altogether new light from that in which it had been presented by other speakers, and he thought the matter deserved the serious consideration of the Government.
was more inclined to favour the view of the right hon. Gentleman the Member for Bristol than the view of the Leader of the Opposition.
* felt quite satisfied that the argument of his right hon. Friend was perfectly logical and fair, but he was not surprised at the reluctance of the Chancellor of the Exchequer to accept it in dealing with this matter.
pointed out that the exemption would not go so far as was supposed. If the property was valued for a period of years the principal value could be ascertained. All that his right hon. Friend advocated was that the annual value of life interests in all properties should be calculated by the method now adopted in calculating the annual valise of property of a fluctuating character.
understood the right hon. Gentleman's suggestion to be that in order to get the true value of limited interests they should be calculated in precisely the same way as the value of entire interests, by first of all taking the whole value of the property and then ascertaining what the value was on that basis.
Question put, and agreed to.
Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."
* said, he objected to the clause for three reasons. In the first place, the Government had thought it right to deal in the present portion of the Bill with one anomaly only of the Succession Duty. He thought they might have gone a little further, and those who had listened to the Debate for the last half hour would admit that this part of the Bill was a most incomplete one as it stood. He did not think the Government themselves would maintain that this was a satisfactory way of disposing of the great questions dealt with. His second reason for objecting to the clause was that it involved another burden on real property. It was of no use going further into that argument. The single answer of the Government to complaints of that kind was, "We are establishing equality of taxation," but they persistently shut their eyes to all inequality of taxation except that within the narrow purview of the Death Duties. He did not think there would be in the country, at all events, much difficulty in pointing out that, however equal Death Duties might be on real and personal property, there would remain great anomalies in the way real and personal property was taxed for other purposes. Although the Government had made certain concessions—which he readily admitted—in the method of valuing real property and exemption from Income Tax, and though the Government agreed to continue the present contribution to local taxation, he thought they ought clearly to understand that the Opposition did not think those concessions sufficient. He must support the view of other agricultural Members, that when they were throwing much larger burdens for the sake of equality on real property in one direction, they might, on the other hand, have done something to alleviate the injustice and inequality of local taxation as regarded the same class of property. Of course, gentlemen who represented the monied rather than the landed interest were well content with this so-called equality of taxation. They were, no doubt, content that land should pay an equal share of the Death Duties, while personal property did not pay its equal share of local taxation. He feared it was useless to press the argument further, but he felt bound to raise it before this clause was finally passed. But he had a third and distinct reason for objecting to the clause, and it was that it was one of the many provisions in the Bill which tended to encourage the settlement of real property. He knew the Chancellor of the Exchequer thought he was giving no fiscal advantage to one class of property; but he ventured to say that in the future every prudent man who possessed landed property would consider whether lie ought not, in justice to the pecuniary interests of his family, to at once make a settlement. Personally, he had always held strong views on the question, but he must say his views had been considerably modified by proposed changes in the law, settled estate receiving advantages, and the preference that now existed in favour of an absolute disposal being about to be removed. This Bill would be from start to finish a great benefit to the family lawyer. He was the person who, next to the Chancellor of the Exchequer, would most profit by the Bill, and he (Mr. Hobhouse) was sorry that that should be the case. Many hon. Members who opposed the Bill believed much more than he did in the benefits of settlement; but he would appeal to hon. Members who supported the Bill not to lessen the inducements to people not to tie up landed property. The striking out of this clause would not effect a substantial loss in the present year's Revenue. It stood apart from the rest of the Bill; therefore, he would ask the Committee not to pass it without considering before it was incorporated in the general law whether it ought not to be rejected because it was incomplete and unjust, and not beneficial in its operation.
* (whose observations were almost inaudible in the Gallery) was understood to say that the hon. Member had said that the family lawyers were the people who would derive most benefit under the Bill. If that were so, he was sorry to say that family lawyers were a most ungrateful class, for a class who more sedulously worked against; the Bill lie did not know. The hon. and learned Member seemed to have misapprehended what his own views were in regard to the settling of property. He had never desired to promote in any way settlements of landed estates. Indeed, he had wished to impose upon settled property an extra duty in order to countervail the advantages that that class of property at present enjoyed. Taking the case of a freehold estate of the value of £10,000 with a net rental of £400 a year, a person entering into possession of that estate would at present, if one year old, pay duty upon £7,569; if 21 years old he would pay duty upon £6,879; if 40 years old upon £5,950; if 50 years old upon £4,971; if 70 years old upon £2,709, and if 90 years old upon £533 only. If the same land were leasehold instead of freehold the person to whom it was left would pay Probate Duty and Succession Duty also if he was liable to a higher rate of Succession Duty than 1 per cent. In face of such an anomalous exemption in the case of freehold property, how was it possible for the Government, in revising the Death Duties, to leave this grossest of all inequalities uncorrected? Unless hon. Members opposite were prepared to say that freehold land, because it was freehold, should pay only about half as much as if it were leasehold property, there was no hardship involved in the proposal of the Government.
said, before the Chairman left the Chair for the usual interval, he had risen to put a question to the Chancellor of the Exchequer as to the figures that right hon. Gentleman had quoted. He had been astonished at some of the results brought out by those figures with regard to land, and had wished to ask the right hon. Gentleman to repeat his figures. As, however, the right hon. Gentleman was not present, he (Sir R. Temple) must make the best case he could. The hon. Member for Somersetshire (Mr. H. Hob-house) had said with great truth that this clause, together with other clauses, sinned in respect of the inequalities between real and personal property. It was argued on behalf of the Bill that the Death Duties would be equalised with regard to real and personal property, but it seemed to be forgotten that in other kinds of taxation there was an utter inequality between the two. He was surprised that the Chancellor of the Exchequer had not condescended to reply to the very forcible and impressive speech of the hon. Member for Somersetshire on the subject. Did the Government, or did they not, admit that there was a great inequality between personalty and realty in respect of local taxation? If they did admit if, what became of the argument respecting the justice of their present proposal? If the inequality in regard to local taxation were to be permitted to continue, why should not the inequality with reference to the Death Duties be permitted to continue also? Why was the inequality to be remedied as against land on the Death Duties, and the inequality against land on local taxation to be allowed to remain? Of course, the Chancellor of the Exchequer knew that it was of no good to attempt the impossible task of answering the argument of the hon. Member for Somersetshire, who was one of the best informed men in the House on the subject, and he had therefore left it alone. The Chancellor of the Exchequer had read some very interesting quotations from a publication by the Under Secretary for the Colonies (Mr. S. Buxton), and then had turned round triumphantly towards the hon. Member for Somersetshire, and said, "Does it come to this: that land is for the purpose of the Death Duties to be taxed only half as much as personalty, because it is land?" There were two very strong reasons why land should be taxed at a lower rate than personalty. The first of these was that it was subjected to an unfair amount of local taxation, and the second had reference to the matter of valuation. Unless his ears had deceived him, the Chancellor of the Exchequer had read some figures which stated that £10,000 worth of land would yield an income of £400 a year. Such a statement was all moonshine, and he could not understand what the Chancellor of the Exchequer meant by reading to the Committee so absurd a calculation. If these were the kind of calculations on which the taxation proposals of the Government were framed, then Heaven help them! The system of valuation on which land was taxed was worth nothing at all. Value meant what a thing was worth—
What it will sell for.
said, that what it would sell for was based upon what it was worth. All the calculations on which the valuation was made were based upon a presumed income which was never received, or very little of which went through the fingers of the owner. If a man had £100,000 in Stocks, he got from £2,000 to £3,000 a year for it; but if a man had land that was valued at £100,000, he received nothing like that income. Very few hon. Gentlemen and right hon. Gentlemen who sat on the Front Bench opposite were landlords, and knew anything about the sorrows, cares, and vicissitudes of those who owned land. The right hon. Gentleman the Leader of the Opposition, he believed, had carried an Amendment under which, for the purposes of the Bill, land was to be valued at its market value. If that were done, it would leave little to be desired. The right hon. Gentleman the Secretary of State for India had said across the Table that the market value was what the land would sell for. If that were the value of land the Exchequer would get very little; but that, he thought, was too good for the unfortunate landowners. But he had heard from his right hon. Leader that this "market value" was to be the Income Tax assessment. [Mr. H. H. FOWLER: No, no.] He was informed that that was what the right hon. Gentleman had said, and he had no doubt it was right. Land would fetch hardly anything. People who owned farms dared not put them into the market for fear of the ridiculous and melancholy results which would occur. Land had no market value at present in this country, owing to the utter depreciation of that class of property. The opinion of the Commissioners of Inland Revenue was to be taken. No doubt it would be based on the old traditions of what land used to yield 10 or even five years ago, but such a basis would be altogether fallacious and unjust. The opinion of these officials would scourge landowners with scorpions. As to the Income Tax assessment, that was something which they were supposed to get, but which they never realised. There was a certain sort of theoretical notion that a certain farm was worth, say, £200 a year, or a certain small estate £400 a year. But the theoretical value placed on land would never be received by the unfortunate payer of Death Duties. And that was one reason why nowadays land was so grossly overtaxed—because it was so overvalued. None but landowners could have any idea of how much the income from land was cut down nowadays. Speaking in the presence of the late Minister for Agriculture, and of men who knew a great deal more than he did about these matters—although he knew something about them, and wished he did not know so much—he asserted that the amount now realised by land was very little. That was urged as an argument why it should be taxed less than personalty. While the income from personalty was certain and known, that from land was most variable and uncertain. If they had£100,000 in the funds they knew they were going to get £2,500 a year for it. If the capital was in land not only would they not get £2,500, but they did not know whether they would get anything at all. In some years they might not get enough to discharge the liabilities on the land. When these things happened, what was the use of talking about valuation and of telling them that land was taxed only at half so much as it was worth? He would mention in the fewest words how incomes were reduced. There was a dreadful fall in prices going on. There was a fall in 1890. Wheat had fallen in price from 27s. to 25s., and now to 23s. 9d., and every one of them, he ventured to say, would hear of it when they came to the Michaelmas audit. What was the use of talking about incomes from land when such depreciation as that existed? They had had constant bad seasons. He would tell gentlemen who did not own land that every one of those bad seasons compelled them to make abatements. Look at the constant notices in the papers: "Lord So-and-So has given 15 per cent. reduction to his tenants." Smaller landlords had to do the same. A man might be nominally receiving £1,000 a year, but he would have to remit £200. Then there were the personal failures of the farmers. He wished to speak with great respect of a good class of men, who had borne up against their misfortunes with heroic fortitude; but they were on the brink of ruin. Now and again something went wrong, and a man failed. He did not leave the farm—they did not turn him out; but he could not pay his rent, and down went the landowner's income. There was never any credit given for this sort of thing on the valuation. Then, when a farmer who had managed to get over all his difficulties died, the landowner was at once in trouble with the farm. The farmer might never have paid the full rent; the new tenant would take advantage of the opportunity of saying that the land had been left in a foul condition (they all said that of their predecessors), and an abatement would have to be given. Then there would have to be a repair of the farmhouse and of the whole property. That would go against the current revenue. Every time a farmer died, in fact, it meant a heavy reduction. Furthermore, there was constant up-keep. Almost all the farmhouses in England were old. No man could say when the old houses might want repair or how long they would last. Nothing was deducted on that head from the valuation. Then there were constant drains on the landowner's purse, not in his capacity of a Christian or citizen or gentleman, but because he was a landowner. No credit was given to them for that, although it was well-known to constitute a substantial reduction from one's yearly income from the land. For all these reasons—which were indisputable—he said that the valuation of the land for all practical purposes was excessive, and must necessarily be so; and, therefore, nominally land ought not to be taxed so highly as personal property. Despite the statements of the Chancellor of the Exchequer, he believed that realty was taxed as high as personalty, even for death. They were rapidly arriving at prairie value, and landowners would hold their farms for much the same reason as they held their gardens and parks. It was a pleasure to hold land, and to know that one was the owner of all the land within sight of one's house; but he did not know what financial advantage was to be derived from it. They got no income from it—or very little. The income, he could assure the Committee, was so absurdly small that most of them would be ashamed to confess what it was. This was the truth, and it ought to be told to the House of Commons by those who knew. This was the answer which he ventured to give in the most positive form to the triumphant queries of the right hon. Gentleman the Chancellor of the Exchequer. It was well that he should hear from them some statement of the melancholy truth. The owners of real estate could not possibly pay down, because they would be unable to sell their property, and, that being the case, time ought to be given them. That would be an act of the commonest elementary justice, and yet this grasping Government ventured to demand interest at 3 per cent. per annum. That proposal would cause deep indignation in the minds of those who had to pay it, or their successors, and would give rise to a similar feeling throughout the country. That feeling would become accentuated as time went on, and the provision was so extreme and unjust that men would feel themselves morally justified in adopting every means that a family lawyer or ingenious agent could devise for the purpose of evading its iniquitous terms.
said, that primâ facie it was a most sensible and satisfactory arrangement that the duty which a man paid upon his succession should be to some extent limited by the prospect which he had of enjoying it to the end of his life, and why should they depart from it in respect to the Succession Duty under this clause? The Chancellor of the Exchequer had said that the present condition of things was an anomaly. But he was not afraid of the word "anomaly," for they had a great many anomalies in England. He did not understand this Continental love of symmetry which the present Government had adopted, and which induced them to pass provisions which were really unjust. This symmetry appeared to be defended in two directions: In the first place, it was said that the way the Succession Duty was calculated ought to be the same way as the Estate Duty, In the second place, it was said that realty and personalty ought to be on the same basis. He asserted that the Government were estopped from using the first argument. The Leader of the Opposition had pointed out to the Chancellor of the Exchequer that in respect of those who were going to enjoy only a life interest the Succession Duty was not be calculated upon the same basis as the Estate Duty, and the Chancellor of the Exchequer accepted that. Therefore, the Government were not entitled to say that they were placing the Succession Duty and the Estate Duty on the same basis, because in a very important division of it—namely, cases of life interest—the Estate and Succession Duty were not upon the same footing. There was no reason why they should be on the same basis in regard to fee-simple any more than life interest. But the symmetry upon which the Chancellor of the Exchequer chiefly relied was the symmetry and the similarity which ought to exist between the basis of the calculation of realty and the basis of the calculation of personalty. It was very difficult for them to persuade the Chancellor of the Exchequer that in asserting that position he was ignoring very obvious and elementary facts in the ownership of real property. The right hon. Gentleman must know that the customary charges upon the owners of real property were far larger and far more important than those which the owners of personal property had to bear. Anybody who knew country life as he did knew perfectly well that there was a certain amount of expected which the landed proprietor was expected to incur. He made no complaint of that; it was a state of things which had existed a great many years. Landed proprietors were perfectly prepared to undergo that expense. It was well known that they gave subscriptions on a much larger scale than the owners of personal property did. [ Cries of "No, no!"] He said they did. They built cottages for their labourers, which did not pay, and could not be expected to pay. It was, of course, from one point of view a great credit to them that they, above all other classes of the community, were expected to do public service for nothing, and at a great cost to themselves. It must be understood he made no complaint whatever with regard to those charges and obligations upon landowners. But they did furnish very strong reason that further heavy charges should not be placed upon them. He had no hesitation in saying that the result of now throwing an extra and extreme burden on the owners of land could only have one effect—that they would become non-resident landowners. It was from that point of view he wanted the Chancellor of the Exchequer to contemplate the issue before him. Would it be for the public interest that the number of absentee landlords should be increased? If any moral could be drawn from recent politics it was that efforts should be made to induce lauded proprietors and rather wealthy men to reside in the country among the people. An absent proprietor was generally regarded as one of the greatest evils that could be inflicted on a country district; and if it could be shown that this enor- mous weight of taxation which was to be thrown upon the landed interest during the earlier years of ownership would almost inevitably result in absenteeism, then the system which the Chancellor of the Exchequer was seeking to establish would stand self-condemned. They were bound to consider the question from a public point of view, and they knew that from the point of view of their labourers and tenants it would be a great public evil if the landlords should be driven from the land. He believed that the provisions of the Bill, especially in regard to land, would be found to be intolerable, and that this method of attacking the landed interest would prove not to be of a permanent character.
I think, Sir, that the speech to which we have just listened is of a very instructive and interesting character. It amply justifies the statement I made earlier in the evening, and to which my right hon. Friend the Member for Bury replied, as to the view which is really taken by the landed interest of their position with reference to taxation. The noble Lord said that it would be for the public benefit that the great landlords should reside on their estates.
Not only great landlords, but all landowners.
Well, that all landlords should reside on their property. The noble Lord has admitted that under the Succession Duty they are more favourably treated than under the Legacy Duty.
said, the right hon. Gentleman was mistaken. He did not admit for a moment that they were better treated. What he said was that the landowner would be better treated if the Amendment was carried than he would be if it was rejected.
Well, the object of this proposal is to put Estate Duty on the same footing as Succession Duty, and the noble Lord says if that is done it will create absentee landlords. Therefore, he calls upon us to abstain from altering the law in this respect on account of the peculiar position of landlords. Now, I am as unwilling as the noble Lord can be that the landlords of England should become absentees; but unfortunately I have seen so many years that I have heard this, I will not say menace, but this anticipation of evil, this cry of wolf, so often that I have ceased to be alarmed at it. From my youth I have heard it said that if you expose the landlords of England to any sort of treatment to which they have not been accustomed; that if you deprive them of any of those advantages which they have enjoyed for generations, they would leave the country. There was a great example of it in a menace by which the politics of England in old days were greatly influenced. One of the Sovereigns of England always said, when any legislation was proposed of which he disapproved, that if it were carried he would go to Hanover. And now it is said that if we make the Succession Duty equal with the Legacy Duty the landlords England will become absentees. I must say that that is not an argument which convinces me; I do not believe that the landlords of England will become absentees. I do not think that that is an argument worthy of those on whose behalf it is advanced. I do not believe that the noble Lord and his family will become absentees because of this change in the law which we propose to effect. I believe that, even if this proposal becomes law, the noble Lord and his race will remain in the County of Hertford for many generations to come, and, therefore, I may console myself by the reflection that I am not responsible for the expulsion of the landlords from this country generally or of the noble Lord and his family in particular. It seems to me that the noble Lord has given utterance to "the fears of the brave and the follies of the wise." I think that those who possess large estates in this country will not be reduced to such destitution as will induce them to leave the country, even if the Succession Duty is increased beyond the point at which it is now proposed to fix it. I think that it is a pity that such arguments as these should be put forward. I believe that the apprehensions of the noble Lord on this subject are not well founded, and I only regret that they should have been given utterance to by a member of that great race who have deserved well of their country for generations in the past and who, I have no doubt, will deserve well of their country for generations to come. I hope that the Committee will not be deterred from doing what is clearly an act of justice to those who have not been so well favoured by fortune by the arguments to which we have just listened.
I cannot think that the tone, some-what of banter, with which the right hon. Gentleman has approached this question is quite the spirit in which the subject ought to be dealt with. This question is one which the landlords, rightly or wrongly, regard as being of extreme gravity, not so much for themselves as for those amongst whom they live, many of whom in the past had been dependent upon them. The right hon. Gentleman says that he shares in no way whatever the apprehensions expressed by my noble Friend, but I differ on that point altogether from the right hon. Gentleman. In the course of my career I have had some opportunity of making myself acquainted with the position of the landlords of this country in the past and with their probable position in the future, and I have come to exactly the opposite conclusion with regard to that position in the future to that at which the right hon. Gentleman has arrived. I frankly confess that I view the right hon. Gentleman's proposals with the gravest possible apprehension; and I am somewhat surprised that after the multitude of earnest representations which have been made to him from all sections of the House the right hon. Gentleman should continue to treat this question so lightly, as though it is a matter of very small importance to those who are mainly interested in it. I must say that I think my hon. Friend who moved the Amendment was absolutely justified in doing so by one reason, and one reason alone, and that is that throughput the whole course of the Debates the Government have never attempted on one single occasion to meet the arguments or the objections we have urged to their proposals. The right hon. Gentleman has said over and over again that the object of this Bill is to equalise taxation, but we have shown over and over again that it would do exactly the reverse. For this reason I feel bound to repeat my arguments upon this question, in the hope that at length I may elicit from the Government some answer to them. The Government are attempting to deal precisely in the same way with two classes of property which are absolutely and essentially different in their nature. Let me come to the last reply of the right hon. Gentleman. The right hon. Gentleman says he does not believe that the landlords of this country will become absentees. No more do I believe that they will, as long as it is possible for them to remain there. But what we contend is that owing to this new legislation of the right hon. Gentleman the position of hundreds of landlords throughout the country, which is bad and critical enough at the present moment, will become such that they will absolutely have no choice in the matter. Now, may I be allowed to call, for a second time, the attention of the right hon. Gentleman—I do not know whether he heard it, for I do not remember whether he was in the House at the time—to some evidence which I adduced, I think, on the Second Reading of this Bill, or on a former Resolution. What was it? I quoted from some evidence given before the Agricultural Commission, the whole of which has now been laid upon the Table, and to which the right hon. Gentleman and every other Member has access. What my hon. Friends behind me have been talking about and trying to press upon the Government has happened in some counties in England already. I quoted the evidence of Mr. Clare Read with regard to the County of Norfolk. He said that throughout the whole of that county at the present moment—I have not the figures with me, but it was to this effect—so great was the depression, and so severely had it been felt there, that there were probably not more than 17 owners of land who were able to continue to reside upon their properties. That is the state of things which the right hon. Gentleman is going to accentuate so far as he finds it possible by the Bill to do so. Let me repeat this—we are not objecting to your proposals as the main ground that they will inflict an injury upon the landlords. Whether you believe so or whether you do not, what we have in our minds is this—and we speak from an experience and knowledge of the subject which I suspect is greater than that of some gentlemen opposite—we object to the proposals because we know that those who will be most injured by them will be the humbler classes. If you have any doubt upon this point, will you allow me again to call your attention to the point I raised on a former occasion which no Member of the Government, and not one single gentleman opposite, has ever noticed, or paid the slightest attention to. I might have preached to deaf ears —it might just as well never have been said; but still it remains absolutely true, and it is this—when you deride the idea of the humbler classes in the rural districts being affected by the legislation which you are proposing now, will you remember what proportion of the wages that are earned by agricultural labourers throughout England, at the present time, are earned from those whom you are going to render, in a vast number of instances, incapable of paying those wages in future. The right hon. Gentleman this afternoon said that it was a question of a few less servants, a few less gardeners, a few less horses being kept in the establishments of the great landowners of the country. Sir, it is nothing of the kind. The right hon. Gentleman must know that there are a great number of necessary outgoings on an estate, if the owner of the land is to do his duty by the estate, and if it is to be maintained in a condition in which even gentlemen opposite would desire to see an estate in this country maintained. If that be so, how is it possible to reject the inference that you are going to injure that class of which I speak. I have here a quotation from a Report which I must refer to again, and which I desire to bring to the attention of the Chancellor of the Exchequer and his colleagues. It is a Report prepared for their own Government and submitted to the Board of Trade only two years ago—prepared by a gentleman eminent in the Civil Service, who is now the principal official on the Board of Agriculture. What is the result of his researches upon this point? He had to inquire into the amount of agricultural labourers' wages paid in the country, and the general result, in a word, is this: It amounts to something like £43,000,000 a year, and of that there is no less an amount paid than £9,000,000 a year by owners of land, apart altogether from the wages which are paid by the occupier. That is the fund you are going to interfere with. There is something to be deducted from that for gardeners, gamekeepers, and others of that class, but you cannot deny for a moment, unless the Report which has been drawn up for years is altogether erroneous, that there remains an enormous amount still which is paid in wages for necessary outgoings upon an estate. Well, if you are going to mulct the landowners and fine large estates in the manner in which you propose, and of which we are so apprehensive, can you yourselves deny that you will be placing the owner of property in such a position that it will not be able to meet the just and legitimate demands made upon it for its maintenance in a proper condition, and, consequently, to retain the vast amount of employment which hitherto it has been the means of sustaining? I am of opinion myself—whether hon. Gentlemen may share it or not—that what I may describe as the present territorial constitution of this country is to the great advantage of the community as a whole. I do not know what the views of others may be, but when I look around in other countries, whether I look to the Continent or to America, what do I find there? I know this—and I have travelled a good deal, and have had opportunities of studying the agricultural situation in many countries besides—and I say without reserve that I have never yet been in any country in the world where the position of the agricultural labourers, taken as a whole, is anything like so advantageous or so good for themselves as it is in England at the present time. I argue from that that there must be some advantage, at all events, for them in the present territorial constitution of this country. But that is exactly what you are attempting to destroy. Whether that is your object I will not say now. I really do not know what your object may be; but, undoubtedly, beyond all question that will be one of the chief and principal effects of your measure if it has the least of the results that you anticipate. To put it on no higher ground than that of political expediency, I do think that the right hon. Gentleman, even at this stage of our proceedings, would do well to modify some of the proposals in his Bill. You have heard again to-night from my hon. Friend behind me, the Member for Evesham, a touching description, and one no less true than touching, of the depression which exists in great parts of the country. Why, under these circumstances, should you seek to aggravate and increase the evils? I can well understand the very natural desire of any gentleman in the position of the Chancellor of the Exchequer being glad to seize on an opportunity of making and creating a great reputation for himself as a great financial authority to be handed down to future generations. But even with all that in view, I should have thought that, at some self-sacrifice, perhaps, he might postpone this great achievement until times were a little less distressing to the agricultural interests of this country. The Chancellor of the Exchequer is always professing great sympathy, with his lips, for the depression of agriculture and the classes connected with it, but I have yet failed to see any practical result whatever from these expressions. On the contrary, what we have seen, day after day, is this: that the right hon. Gentleman never loses an opportunity of taking some measure or other which is destined, whether he desires it or not, to add to and increase the existing evils. Of course, I know well we are in a minority in which we cannot hope to defeat the proposition of the right hon. Gentleman. The Government never think it necessary to reply to our arguments. For the most part they sit silent, almost as silent as their supporters behind them. I suppose the Government think that anything is good enough as long as they are able to maintain their majority.
said, he had already made two speeches in regard to this proposal.
Yes, that is quite true. The right hon. Gentleman may make a good deal more than two speeches, but he never answers our arguments. We complain of the injustice of the proposals, and he replies, "Yes, I have heard all this before. The landlords have only one desire, and that is to avoid paying their fair share towards the defences of the country." If we tell him that instead of equalising taxation he is doing exactly the reverse, he says, "That is only because you want to get off your fair share of taxation," and he has never once met us fairly or attempted to answer any one of the arguments that we have put forward. It does not show a very lofty idea, I think, on the part of the Government for the intelligence of their own supporters, but I suppose they think that as long as they can command their majority without replying to arguments, that is the best course they can take. I daresay that under the circumstances the Government may be right, but there remains the fact that the Government are taking a course in this particular proposal which we regard most undoubtedly as cal- culated to be most injurious to the poorer classes and the labourers who dwell in the rural districts of this country, and it is upon these grounds, and because we believe that will be the inevitable effect of the Bill—because probably we have as many opportunities of judging of its effects as gentlemen on the other side of the House—that we are opposed to the proposition of the Government, and I shall support this Amendment if my hon. Friend goes to a Division.
rose to oppose this clause being passed as part of the Bill upon the ground that it was cruel and oppressive in its character, and as such was unstatesmanlike. He also opposed it because the grounds upon which it was introduced were entirely unsupported by evidence, and, in fact, did not exist. The first ground alleged in its support was that it was to make the taxation of real estate equal to that of personal estate, and to prevent the supposed inequality. He denied that there was any such inequality. Treating the question from the point of view of the Imperial Revenue, apart from the question of local rates, he declared that there was no such inequality as that which the Chancellor of the Exchequer had alleged. He also opposed this clause on other grounds, because he said that if it were desirable to make landed estate further liable to duty, this particular proposal was inexpedient and oppressive in its character, and therefore unstatesmanlike. As to the allegation that there was inequality in the incidence of taxation, and that this inequality was in favour of the land, he invited hon. Gentlemen to go through the Revenue accounts, to see how landed estate and personalty were charged, and if they did so, he ventured to say, without fear of contradiction, they would find that there was nothing in respect of which personalty was charged with the exception of the Income and Property Tax and the Death Duties. With reference to the Income and Property Tax, the duties were equal both as regarded real and personal property. Before concluding that there was any inequality in taxation adverse to a proper charge on realty, they must consider the relative values of real and personal estate. What were the duties upon personal estate? The Death Duties, with the exception of the Income and Pro- perty Tax, were the only duties to which personalty was charged. He accepted the figures of the Chancellor of the Exchequer with reference to the Death Duties. The right hon. Gentleman said that from personal estate they had £8,910,000 raised by the Death Duties, and from realty they had only £1,150,000, so that substantially there was nearly £9,000,000 from personalty and only £1,150,000 from real estate, making a difference as against real estate of something like £7,750,000. They did not understand the comparative value of real and personal estate. They could not appear on an inequality. It was absurd to suppose that real estate was to pay a sum equal to what was paid by personal estate unless it was equal to the personal estate. All taxation should be proportionate to the value. If they had personal estate of the value of £100,000,000 and real estate of the value of only £50,000,000, it was absurd to pretend that they should have as much from the realty as from the personalty. They must, as he had said, before they concluded that there was any inequality in taxation, consider the relative values of real and personal estate. They had some guide as to that in the Returns relating to the Income and Property Tax. The Income Tax Returns showed that the amount assessed to Income and Property Tax was £710,000,000, and the proportion from real estate was £201,000,000, leaving a difference of about £500,000,000. These figures showed that, in order to prevent any inequality, personal estate ought to contribute two and a-half times as much as realty. He might say, further, in regard to this matter that the Chancellor of the Exchequer himself had given them the figure which, in his view, would be requisite to redress that grievance, and put the matter on a proper balance, because he told them that the real deficiency shown by the Death Duties between real and personal estate was £1,320,000, and he proceeded to show that that was reduced by some allowances made in respect of assessments of realty to the Income and Property Tax, which ultimately brought the taxation of land to £700,000, and of agricultural land to only £350,000, and the right hon. Gentleman concluded by saying that that was the amount which the landed interest of the country was required to contribute in order to pay its quota towards the de- fences of the country. He proposed to show that the Chancellor of the Exchequer had altogether left out of consideration very important items indeed to which the landed interest were subjected, and which must be considered when they came to the question of redressing grievances and turning the balance. He was now dealing with Imperial Revenue, throwing aside for the moment the question of local taxation. Of course, if it turned out that the balance was in favour of real estate there was then no ground for the increase contemplated in these duties, and for the attempt to put further burden upon real property. The first point to which he desired to call attention was the item under the heading of "stamps." There was a sum of over £13,000,000 raised by stamps, including £2,870,300 for deeds. He asserted, and, he defied contradiction, that the great burden of taxation in regard to stamps fell on land. If they wanted a conveyance of land they must pay 10s. per cent. ad valorem duty. If they wanted a mortgage on land, a lease, or a mere agreement in respect of land, they had to pay duty upon every single one of these transactions, and they could not get out of it in any way whatever. But when they were dealing with personal estate it was a totally different question. If it was a matter of Consols, there was a general exemption in the Stamp Duty Act of all transfers, and no matter how large the amount so transferred, not a farthing was paid in respect of the transaction. Every transfer was exempt from taxation, why, he knew not, except it be to make a difference as against the landed interest and in favour of personal estate. Take ships, which were another great subject of property in this country. If they transferred a ship, sold, or mortgaged a ship under the general exemption in the Stamp Act of 1891, all these transactions might be and were concluded without any taxation whatever. Again, goods were also exempt from Stamp Duty, and millions might pass by invoice, or they might transfer millions from the bank from one person to another by a cheque on which there was merely a 1d. stamp. So far, therefore, from any favour being shown to real estate, it was exactly the contrary. Take, again, the figure in the Return in respect to deeds, £2,872,000. He would make from that the liberal allowance in respect of per- sonalty of £872,000. That would leave a sum of £2,000,000 of duties raised from real estate of which the Chancellor of the Exchequer had never said a word, and of which no account whatever had been taken. The Chancellor of the Exchequer had put the Estate Duty at present raised from real estate at £1,150,000. Then they had the further duty of the Land Tax, amounting to £1,035,000. He wanted to know why that item was going to be ignored? Could anybody doubt that that was a tax and a burden upon the land, which tax went to the Imperial Revenue. Then there was the House Duty, amounting to £1,425,000. Was that upon land or not? "Oh," said the Chancellor of the Exchequer, "that was paid by the occupier of the house!" Yes, but could anyone doubt that the occupier did not take that into account when he undertook to pay the rent? The burdens imposed on the land for the Imperial Revenue amounted altogether to £5,610,000, as compared with £8,910,000 for personalty, and therefore the story, which they heard so often that they were sick of hearing it, of land not bearing its fair share of taxation, as compared with personalty, was not true. The boot, in fact, was on the other leg, and even on the question of Imperial Revenue real estate paid in excess of that paid in respect of personalty. But he objected entirely to the principle that they were to deal with the question as one of Imperial Revenue only. Why should the contributions to the Imperial Exchequer alone be considered? The local rates, which were borne exclusively by real property, were it was true imposed by Local Authorities, but they were practically Imperial taxation, because the local taxing authorities derived their powers of taxation from the Imperial Parliament. They were the mere delegates of this Parliament for the purpose of conducting local taxation, and when they levied taxes they did so by the authority of the Imperial Parliament, anti they could not do so except in so far as they were authorised by this Parliament. The taxes, therefore, imposed by Local Authorities were taxes equally imposed by this Imperial Parliament, and it was idle to contend that they could be thrown out of question altogether. He heard the Member for Bodmin (Mr. Courtney), in a recent Debate, say there was a good reason why personalty could not be taxed, and that was because they could not find the individual. That was exactly the case. Personalty escaped the local burdens because it was not always there. It was here to-day and gone to-morrow, and they could not lay hold of it. They rarely got hold of personal property, a vast amount of which escaped death anal all other duties, because there was an opportunity of evading such duties. The Secretary for India, in a recent speech, put the local taxation at £28,000,000, and when dealing with the question the right hon. Gentleman went on to show that there had been no increase in the taxation on land in recent years. But the materiality of that point seemed to him (Mr. Ambrose) altogether beside the question. The point was not whether there had been an increase of taxation upon land, but whether land paid its fair share of taxation. The right hon. Gentleman said the tax was as old as the time of Elizabeth, and was, on that account, one of the burdens on land. Land had borne burdens for ages past, while personal property had been exempted. How, then, could this taxation be said to be equal simply because real estate had old burdens to bear? He desired to be saved from such arguments as those by which the Government were trying to support their case. It might, on the contrary, be urged that those who had borne the burden and heat of the day were now entitled to some relief, instead of having their liabilities increased. Even if the taxes upon land were to be increased, this was a cruel and oppressive mode of levying them. It might be all very well in the case of great landed proprietors, for to them this would be a matter of small importance. Of them his knowledge was little; but he knew something of lesser people, tradesmen and others who, by saving during long years, had become possessed of a house and perhaps adjoining land. That property would probably be left to the widow and afterwards to the children. His point was that if increased taxes were to be levied on land, this was a cruel and oppressive mode of doing it, particularly in the case of small proprietors—people who had saved a little money—say, £10,000, and who had bought say, a house and a farm, or take a professional man of that class. He died and left £10,000 to the widow. It was all she had. She won'd have to pay £404 Death Duties, £100 more on the estate, and altogether she would have to pay about £600 on the £10,000. He asked the Committee was that taxation? No, it was a fine such as would have been put upon an individual in former times for some serious offence. It went in no small degree towards the impoverishment of the family. Taxation should be made as convenient as possible, and, above all things, there should be no element of uncertainty about it. But the value of land, which was now to be the basis of the tax, must be a mere matter of opinion until the land was sold. The Ministerial proposal, therefore, came to this: that an owner of land was to be taxed on a value which could only be ascertained accurately by sale. That plan, in his opinion, was not statesmanlike, and the inequalities they were creating would speedily have to be redressed. Taxation should always be levied upon a fixed basis which could be ascertained with some certainty, and should not be imposed in a way which made it a matter of mere speculation.
Question put.
The Committee divided:—Ayes 129; Noes 94.—(Division List, No. 123.)
Clause, as amended, agreed to.
Clause 16.
moved an Amendment, to leave out the words "one and a half per cent. on the net value," and to insert instead "one half of the proceeds of the Estate Duty on." He pointed out that under the Local Government Act of 1888, and also by the provisions in other Acts of Parliament, half the Probate Duty had since that year been applied towards defraying local expenses which otherwise would have had to be met out of the rates. By this Bill the Probate Duty as a separate fund would cease to exist, and the question therefore must be considered what proportion of the new Estate Duty should be set aside by the Government for that purpose? He contended that the Local Authorities of the country should share the advantage which the Exchequer might reap in respect of the Probate Duty, which was not at all stationary, but was rising and improving, and half of which, as the late Chancellor of the Exchequer had formerly said, was to be permanently given up for purposes of local taxation. In making his Financial Statement on the 22nd of March, 1886 ( Hansard , Vol. 324), the right hon. Gentleman spoke of the enormous increase in the rates, and said that this subsidy in relief of local taxation would be of great advantage to the poorer class of ratepayers throughout the Kingdom, and that no other relief that could be proposed would be equal to it. The intention of Parliament, clearly, in thus transferring this portion of the Probate Duty in relief of local taxation was, that it should be permanent, and that the Local Authorities therefore should have the advantage of any prosperity which might accrue. He would go further, and say that not only did Parliament, intend to make the grant an increasing one, but that it intended to relieve burdens which had fallen exclusively on the real property of the country. It was admitted that real property bore the greater part of the burden of local taxation, and to bring the matter prominently before the minds of the Committee he would refer to a few salient figures, taking first the proportions in principal values of real and personal property in the Kingdom. Of course, the figures could only be approximate, for any attempt to gauge the value of real property at the present time must be an absolute guess; but he would take them from the best authority—that relied on by the Chancellor of the Exchequer himself in making his Financial Statement this year. The amount realised from personalty was stated by the Chancellor of the Exchequer to be about £11,000,000, against £2,500,000 realised from real property, or in the proportion of 22 to 5, showing that the estimated value of realty was less than one-fifth of the capitalised wealth of the Kingdom. Yet upon the realty fell more than four-fifths of the burdens of local taxation; the figures being, £28,500,000 out of £36,000,000. Did not that constitute a very strong claim to relief on the part of the owners of real property? If there was to be equality in Imperial taxation, should not that equality be also extended to the local taxation of the country? Certainly nothing had occurred in the course of this Debate, and there was nothing within the four corners of the Government Bill which could in the least impair that claim or render it one iota smaller. The Committee should also bear in mind that this money was to be handed over to popularly-elected bodies in relief of those who felt the burden, of local taxation most severely. The feeling of occupiers of land, and popular opinion generally on the subject among agriculturists, could be gathered at any farmers' ordinary throughout the country. A resolution had been passed on the subject in Colchester that the whole system of taxation rendered cultivation hopeless, and that personal property in the shape of investments should bear its share. These proposals were not made simply because the landowners were in distressed circumstances, but were founded upon justice and fair-play. The only way in which personal property could be made to share effectively in burdens—from the proceeds of which personalty benefited equally with realty—was by means of the Probate Duty grant. He, therefore, asked the Committee not to depart from the principle laid down in the Local Government Act of 1888.
Amendment proposed, in page 11, line 17, to leave out the words "one and a half per cent. on the net value of," and insert the words "one half of the proceeds of the Estate Duty on."—( Mr. Heywood Johnstone .)
Question proposed, "That the words proposed to be left out stand part of the Clause."
I am sure the hon. Member can only have put down this Amendment from a misconception of the facts of the case. He has said truly that, under the Act of 1888, half the Probate Duty is assigned for the assistance of local taxation. But that amount is preserved exactly as it was under this clause; that is to say, half the probate grant with the increments that may accrue on the growth—as the hon. Gentleman will see if he reads the clause. Founding himself upon that, the hon. Member proposes to take half of this new Estate Duty. That is a totally different thing. He seems to imagine that the new Estate Duty is identical and co-extensive with the Probate Duty under the Act of 1888. It is nothing of the kind. It embraces a large number of subjects which have no relation whatever to the Probate Duty.
I would call the attention of the Chancellor of the Exchequer to the words of his own clause, which I can assure him I have carefully read and considered—
"On the net value of such of the property chargeable with Estate Duty as would, if this Act had not been passed, have been chargeable with the duty imposed by Section 27 of the Customs and Inland Revenue Act, 1881, or Inland Revenue affidavits."
What the hon. Member by his Amendment proposes is to take one-half of the proceeds of the Estate Duty. [ Cries of "No, no!"] It is not one-half of the Probate Duty of 1888. We preserve the Probate Duty of 1888 exactly as it was. But has the hon. Member observed what was done by the right hon. Gentleman the Member for St. George's, Hanover Square, in 1889? When the right hon. Gentleman imposed the Estate Duty of 1889, what share of that duty did he give to the Local Bodies? Why, none at all. There was a clause put into the Act of 1889 specially preventing Local Authorities from having any share whatever in that Estate Duty. It would be absolutely impossible to concede what is asked for by the hon. Gentleman. I have had a calculation made by the Inland Revenue authorities, and I find that the hon. Member's proposal would involve an additional grant out of the fund which is being raised of more than £1,000,000 sterling to Local Authorities. [ Opposition cheers .] To Gentlemen opposite £1,000,000 is nothing to ask for. They would like to ask for several millions. But considering that we are raising this money to meet the exigencies of great public objects, I never heard, with the exception of Oliver asking for more, of anything more unreasonable than this demand. The idea of making this taxation a pretext for an additional demand as a substitute for local taxation is a most unreasonable demand made even in the course of these Debates.
There are only two points with which I wish to deal in connection with this matter. The Chancellor of the Exchequer spoke of the Estate Duty of 1889, and said it was universally conceded that no portion of that Estate Duty should go in relief of local taxation. The right hon. Gentleman has never yet thoroughly understood the Estate Duty of 1889. Hon. Members opposite have always argued as if the Estate Duty of that year was a permanent duty; but that is not the case. It was a duty imposed for seven years, specially intended to meet the Naval Defence, and therefore it was not a permanent addition to the Death Duties. It was a special fund which now is being diverted by the Chancellor of the Exchequer, who never recognised either before, when he was in Opposition, or now that the Estate Duty was specially imposed for a particular purpose. If the right hon. Gentleman were to say that those Death Duties which he imposes should also be limited during a certain number of years, and that they should be specially considered as applicable to the important additions to the Navy which are contemplated, then there would be force in his argument both as regards precedent and the reasonableness of the proposition that the whole should be kept to the Imperial Government. But this appears to be a permanent addition, which the right hon. Gentleman contemplates not only to the use of the Navy, but in order to increase the resources of the country. No argument can, therefore, be derived from the Estate Duty of 1889. The right hon. Gentleman thinks it would be monstrous that Local Authorities should get another £1,000,000 from the funds which are wanted for purposes which are not yet declared to the House. These high Death Duties are not merely intended to meet the demands of this year or the next year, but they are intended simply to augment the resources of the country and to enable the right hon. Gentleman or a future Chancellor of the Exchequer, if necessary, to take off taxation elsewhere. I doubt whether a Chancellor of the Exchequer has ever before asked the House of Commons to impose high duties, not for the service of two or three particular years, but to augment the resources of the country for unknown purposes and for unknown schemes in future years. A fact like this, therefore, seems to me to place the present demand of the Chancellor of the Exchequer on a totally different footing from previous instances. Towns are as deeply interested in this matter as lauded property; and it is not unreasonable that they should say if these additional duties are being imposed, and when they see local taxation rising year after year, "We should also receive, as on the principle of 1889, a further portion of the Death Duties." The Chancellor of the Exchequer has not proved that he wants the money; and if the duties are intended to increase the general resources of the country, it is highly natural that a class of ratepayers who are extremely pressed should say that out of this increase of funds they would like to see a further contribution made. There is another argument which I should like to mention. One of the great financiers of the Party opposite, who has guided them very much in their finance, is Lord Ferrer, and he has with great ability not only attacked the finance of the late Government, but has put forward plans of his own. What were they? They were that the Death Duties should be localised, that further Death Duties should be imposed for local purposes. We are carrying out indirectly the policy of Lord Farrer. But what has the Chancellor of the Exchequer done? He has cut off from Lord Farrer the possibility of utilising the Death Duties for local taxation to any degree whatever. The right hon. Gentleman will admit that he has about reached the maximum in the case of the Death Duties. If they were able to bear more, no doubt the right hon. Gentleman would have increased the burden. Therefore, one of the resources to which Radical reformers of local taxation looked is being withdrawn from the possibilities of the future by the present Budget. It was conceded as part of the scheme of Lord Farrer, that the expenses of the Local Authorities will assuredly rise in the same proportion as the national expenditure, and is it wise to withdraw from them the possibility of allowing them some share of the future increment in connection with this taxation? It is on the same property that my hon. Friend wishes to take advantage of the higher scale. I have been anxious to show that there is nothing unreasonable in the Amendment of my hon. Friend, as would have appeared from the speech of the Chancellor of the Exchequer. We can never forget that Imperial and local taxation must be taken together. It is unstatesmanlike to look forward to exhausting the resources of local taxation without showing by what means those resources can be increased. I will put this to hon. Members opposite: Do you or do you not expect the expenditure on local taxation to increase in the future? Do you consider the limit has been reached, and, if not, do you expect further burdens to he put on houses as well as on land in the future? Suppose the expenditure should increase in a few years by another £1,000,000. That is not a fantastic speculation at all. The more the conscience of the country is roused with regard to the Poor Law and the treatment of the poor the more is the expenditure on local taxation likely to increase. All that my hon. Friend asks for is some share in these available resources you are now imposing for the first time. I know that, more or less, there are many influences at work that will greatly increase local taxation. The other day I heard it was stated that in the last nine years the cost for Poor Law officers in the Metropolis alone has risen from £90,600 to £250,000. The question of trained nurses for Poor Law infirmaries has been before the Local Government Board quite lately, and it has been suggested that there should be a new scale of so many trained nurses to so many Boards of Guardians. I do not deny that such a policy may be necessary, but is it quite reasonable that the whole of future burdens of that sort, the whole of that tribute of philanthropy, should continue to be borne by the ratepayers in town and country? I do not know whether hon. Members opposite have any new sources of revenue in their minds by which to meet this increasing expenditure. If they base not, and if they see that the sources of revenue pointed out by their best advisers, are being monopolised for Imperial purposes, do they think it is unreasonable that the ratepayers should endeavour to secure some small fraction with the view of meeting future burdens which may become too heavy to be borne by the shoulders which at present bear them?
said, they were assured that the object of the clause was to stereotype the arrangement of 1888 and not to alter it. If that was the object in view the words of the clause woefully failed of their object. The re- sult of this section, if carried as it stood, would be that people would dispose of their property during their lives. There would not be so much received under the Probate Duty, and in that way the contributions of these people to the public revenues would be cut down. The right hon. Gentleman the Chancellor of the Exchequer had said that the supporters of the Amendment were prepared to claim several millions for the lauded interest. Yes, they were prepared to claim several millions not only in the interest of the landowners, but also in the interest of the farmers and labourers. They were prepared to claim several millions which was necessary should be allowed in aid of local taxation if there was to be an equalisation of burdens between realty and personalty. In 1853, as he had already shown, when the Succession Duty was proposed the rates were 2s. 61–10d. in the £1, whereas in 1891 they were 3s. 7¾d., so that, subvention or not, the rates had actually gone up. These figures he had used a month ago, and they had not been contradicted. The rates on houses also had gone up, so that before a word of the Bill passed realty paid more than personalty to the Imperial burdens of the country, as had been shown by the hon. and learned Gentleman the Member for Harrow. If they took local and Imperial burdens together, realty paid far more than its share; and not only did it pay more than personalty, but from the Return of the right hon. Gentleman the Member for the St. George's Division it was shown to pay more in England than was paid in any other European country. With that fact staring one in the face, how was there any justice in putting fresh burdens on realty and denying it relief? In this Bill they were putting Probate Duty on to realty; they had largely increased Succession Duty by making it payable on capital value instead of life interest. They asked that in this clause some extra relief should be given to local rates, and they were met by the answer that the demand was an absurd one. The whole principle of the Bill was to aggravate rates and to increase the duty on land. It would raise the burdens on land most injuriously. They asked that out of these extra duties and rates some little relief should be given back to the land. At any rate, they were entitled to a better answer than that their request was ridiculous.
said, the question was, whether some additional advance should not be made from Imperial resources to aid local taxation, which fell so unequally on land as compared with personal property? It should be borne in mind that local taxation was likely to rise in consequence of the passing of the Parish Councils Bill and of the policy of the Education Department, which must lead to an extension of the School Board system. There was a question he would like to put to Her Majesty's Government. He and some hon. Friends near him had been wondering whether they rightly understood the effect of the clause, which, indeed, was very hard to understand by lay minds. There used to be a certain sum contributed from personalty in the shape of Probate Duty towards the relief of local taxation which fell on land. Now (and the Chancellor of the Exchequer would correct him if he was wrong) they imagined the case to be this: under the Bill that sum in future would be contributed half from personalty and half from real property. He hoped he was wrong. The right hon. Gentleman seemed to shake his head, and he (Sir R. Temple) trusted the right hon. Gentleman would put him right if he was wrong. But if he were right, or anywhere near right, the effect would be that the landed interest would once more be deprived of the benefit it had received from the late Chancellor of the Exchequer, and in the words of an hon. Member near him—
"The poor landed interest would be made to live by feeding upon its own dead."
* : I have not been willing to take any active part in promoting any Amendments to this Bill which I thought were absolutely inconsistent with the principle that the House sanctioned on the Second Reading, but I must say I am surprised at the reception the right hon. Gentleman the Chancellor of the Exchequer has given to the Amendment of my hon. Friend. What is the position? In 1888 Parliament voted with practical unanimity—I do not know that right hon. Gentlemen sitting opposite opposed the proposal—half the proceeds of the Probate Duty towards the relief of local taxation. Under this Bill the right hon. Gentleman proposes a very large increase under the Death Duties in the Imperial taxation upon realty as well as upon personalty. He places realty on a very much worse footing in regard both to Imperial and local taxation, taken together, than it occupied in 1888. This is no question of town or country, or attempt by the landlords to evade the payment of their fair share of the burdens of the country. This is a question of realty against invisible personalty, and I confess in my mind of realty in town more than of realty in the country. The right hon. Gentleman imposes a large increase, as I have said, on the burdens of realty throughout the country. My hon. Friend the Member for Sussex suggested that in the circumstances it is fair that the principle unanimously adopted in 1888 should be carried out now, and that half the proceeds of the Death Duty upon personalty should be devoted to the relief of realty in respect of local taxation. That suggestion the Chancellor of the Exchequer thinks proper to call absurd. For my part, I think a fairer proposal has never been made in this House. He says he would lose £1,000,000 by it. Well, I can quite understand that he feels himself compelled to think of nothing in this matter except the prospects of the Revenue. But we sit here as Representatives of the taxpayers. We are bound to consider what is fair upon the taxpayer and those who represent different classes of property. Every argument adduced convincingly in 1888 in support of the proposal of the right hon. Gentleman the Member for St. George's applies with equal force to the present proposal of the hon. Member for Sussex. The right hon. Member for St. George's in 1888 left the Probate Duty, of which he gave half the proceeds towards local taxation, at 3 per cent., but now the Chancellor of the Exchequer adds to that a very large percentage increase in the case of properties of which the aggregate value is between £10,000 and £1,000,000. Those are the very properties which, when composed of personalty, ought to contribute more than they do now towards the burden of local taxation. I think it has been universally admitted that invisible personal property does not at present contribute its fair share. Under the existing system the possessors of invisible personalty of the value of £10,000 and upwards pay only 3 per cent. Probate Duty. They are in future to contribute more, and those upon whom the whole burden of rates now fall have a fair claim to a share of that increased contribution; and nothing that the right hon. Gentleman has said has controverted the justice of this claim. He says he cannot afford it. I cannot believe for a moment that the Government will contend that the claim is not founded on justice. Can they contend that personalty—and I speak of invisible personalty throughout—bears its fair share of local taxation at present? Can they contend that invisible personalty can be reached for local taxation in any other way except through the Death Duties? Can they contend in opposition to what my right hon. Friend the Member for St. George's conclusively showed that the burdens of local taxation will diminish and not largely increase in the future? I think if the Chancellor of the Exchequer was unable, on account of the claims of Imperial expenditure upon him, to meet favourably the proposal of the hon. Member for Sussex, at least he might have admitted that the claim was founded on justice, and that having passed this Budget—if it becomes law—it will be his duty if in Office to deal with it. The right hon. Gentleman cannot contend, as some hon. Gentlemen below the Gangway might, that the whole of this policy of subventions from Imperial taxes towards local taxation is a mistake. ["Hear, hear!] I hear that sentiment cheered. That view, I know, has been forced upon him by some of his supporters; but the right hon. Gentleman did not venture to carry it out, because he knew that if he brought forward any Motion to deprive the Local Authorities of those grants in aid of local taxation which they had enjoyed since 1888 he certainly would have been defeated. Then I am bound to say that, as the Government know they are unable to carry out that view, they cannot in fairness retain the subventions on their present basis. What I contend, and I am convinced that the argument cannot be controverted with any fairness or justice, is that, now that you are increasing the burdens of Imperial taxation on realty, the 1½ per cent. that personalty pays towards, local taxation is an insufficient contribution. We may be unable to enforce that fact successfully to-night; but we shall continue to put it forward on every possible opportunity, and I am convinced that the day will come when Parliament will as unanimously acknowledge its justice as Parliament acknowledged unanimously the justice of the proposal of the right hon. Gentleman the Member for St. George's Division in 1888.
It would not be courteous if I did not say a word or two in reply to the remarks of the right hon. Gentleman opposite. He says that in 1888 a settlement was made as to the contribution to local taxation. Well, Sir, I do not expect the right hon. Gentleman to agree with me, nor can he expect us to agree with him, on this point. The right hon. Gentleman, however, must remember what I stated in the earlier part of the discussion, that after the settlement was made of the contributions to local taxation from the Imperial Revenue, the right hon. Member for Midlothian brought forward a Motion declaring that au equalisation of the Death Duties on all property would be a consequence of that settlement. The one is the correlative of the other. That is the view of the Government, and hon. Members opposite must not complain if the Government adhere to that which was solemnly put forward in the Motion to which I have referred. If the view of the right hon. Baronet were accepted, it would at once become my duty to apply for additional taxation for the purpose of making a further contribution to the Local Authorities. But that is not our view, and unless the right hon. Baronet is prepared to recommend that course the arguments he has addressed to the Government can have no weight. We do not consider that any contribution is due in that respect, and therein we differ from the view of the right hon. Baronet.
said, the Chancellor of the Exchequer had put the matter on rather a different footing from that it had previously occupied. He had said that different views were taken on the two sides of the House. He (Mr. Long) denied that that was the case, and challenged the right of the right hon. Gentleman to make such a statement. A few days ago he was present at a deputation in that House which was attended by hon. Members of both political Parties, and not one hon. Member controverted the assertion then made that the time had come when an addition should be made to the relief which had been given to local taxation by Imperial contribution. What was pressed upon the Opposition, and what they were trying to press on the Government, was that the contribution made by the late Chancellor of the Exchequer in aid of local rates was made on the basis which covered the contribution to the rates and taxes made by real and personal property as the taxation then existed. Now they were altering the basis of taxation. The Government told them they were putting real estate on a level with personal estate, and equalising the contributions, and yet they were making no additional contribution whatever out of this extra sum towards the relief of the ratepayers of the country. This burden would fall not on the landlords and tenant farmers—the time had gone by to plead for them—but it went far and away beyond them, and reached the owners of real estate in the large towns. The only argument used by the Chancellor of the Exchequer was that as this proposal would reduce very much the sum he would get from the new duty he could not agree to it. But there were many of these proprietors of real estate in towns who were suffering from the pressure of local rates, and who were already feeling that the contributions made by the Exchequer were not sufficiently large, and who felt that now that the State was about to call on real property to pay more in the shape of Death Duties there was an increased reason for equalising the burdens of local taxation. What was the suggestion of the Amendment? It was that when they were increasing the amount which the State was going to take, in the shape of Death Duties, from real property, it was only fair that they should increase the contribution of the State towards the relief of local taxation. They were going to make real estate pay more than it had been paying hitherto—pay on a more equal basis with personal estate, and yet they were going to leave the contribution made by personal estate towards local taxation at the same amount at which they found it at the present moment. It seemed to him that there was an evident injustice in that. He could assure the right hon. Gentleman the Chancellor of the Exchequer that he made a great mistake if he thought this was a matter which affected only landowners and tenant-farmers. No doubt he felt that he could afford to treat with contempt the landowners of the country and the tenant farmers. [ Cries of "No, no!"] It was all very well for hon. Gentlemen to say "No!" Whenever arguments were addressed from the Opposition side of the House in support of landowners—[ Cries of "Divide!"] He appealed to hon. Members. Could he have a better proof of the statements he had ventured to make than the friends of the Chancellor of the Exchequer, directly the landlords and tenant-farmers were mentioned, crying out "Divide, divide!" That was the one answer they received. But it was not in support of the landowner and tenant-farmer that he spoke. He saw gentlemen sitting opposite who outside the House were very loud in their complaints as to the pressure of rates on owners and occupiers of land. They were silent in the House. He should not be doing his duty as one of the representatives of the City of Liverpool if he did not say a few words on the Amendment, having, as he had already said, but lately heard a unanimous expression of opinion, not only from Liverpool but from all parts of the country, and from men of all political Parties begging them to press upon the Chancellor of the Exchequer that, as he was redressing what he was pleased to call inequalities between real and personal estate with reference to the Death Duties, the time had come when they ought to make a still greater grant in aid of local taxation. The right hon. Gentleman would dispose of the Amendment to-night as he had disposed of others—by his majority; but he ventured to say to the right hon. Gentleman, with all respect, that he would find that between the present time and that time next year the question of re-adjusting the burdens between real and personal estate would be pressed on him with great determination, and he would find that it was not a question as between the two sides of the House. He would find that there was a large and growing feeling in the House that real estate bore too large a share of the burden of local taxation.
Question put.
The Committee divided:—Ayes 126; Noes 89.—(Division List, No. 124.)
The other Amendments are out of Order.
Motion made, and Question proposed, "That the Clause stand part of the Bill."
said, that it was desired to raise certain points not raised by specific Amendments, and as he believed that two or three hon. Members desired to speak, he would move to report Progress.
Motion made, and Question proposed, "That the Chairman do report Progress, and ask leave to sit again."—( Mr. A. J. Balfour .)
said, he hoped the clause might be taken. He understood that the only question was the contribution to local rates, which the right hon. Gentleman the Member for the University of London sought to raise in an Amendment as to the distribution of rates between London and other parts of the country. That had been ruled out of Order, and, of course, a discussion on the subject would also be out of Order. He had undertaken to appoint a Committee on the question, and he hoped the clause would be disposed of now.
asked when the Committee the right hon. Gentleman referred to would be appointed, and what would be its character?
said, he would consult with Members before anything definite was decided.
said, there were points to be discussed on the clause in addition to that mentioned by the right hon. Gentleman. As far as he understood the clause, it was very vaguely worded, and he was sure the right hon. Gentleman the Chancellor of the Exchequer would not be able to go into the discussion of it to-night.
asked if the Committee would be appointed this Session?
If it is possible.
If Progress is now reported, I understand that so far as we are concerned the discussion of the clause will not occupy more than an hour on Monday.
I will not contest the point further.
Motion agreed to.
Committee report Progress; to sit again upon Monday next.
Railway and Canal Traffic Bill. (No. 156.)
Second Reading
Order for Second Reading read.
said, he begged to move the Second Reading of this Bill. He believed there was a very general desire on the part of the House to get on with the measure. There were some who desired to go further, but the best course would be to pass the Bill in its present form. If it were allowed to pass the Second Reading, he would give every consideration to Amendments moved in Committee.
Motion made, and Question proposed, "That the Bill be now read a second time."—( Mr. Bryce .)
Objection being taken to Further Proceeding,
* hoped that the House would be disposed to read the Bill a second time. He believed it would be impossible during the present Session to carry a Bill raising contentious matter. Though some persons might think that the Bill did not go far enough, he believed that both the Railway Companies and the traders admitted that a measure going as far as this was a necessity, and were prepared to support it. He trusted that after what the right hon. Gentleman had said—that he was not prepared to extend the provisions of the Bill—that the House would pass the Second Reading.
* said that though, as a Member of the Committee, he thought, with others, that the Bill was inadequate to meet the necessities of the case, he would rather see it pass than have no Bill at all. The condition of things was so critical as to trade, so many accounts had to be adjusted, and the reasons for the amendment of the law were so great, that they accepted the Bill, reserving to themselves the right to propose Amendments in Committee.
said that, as having borne the brunt of this controversy for five years on behalf of the traders, he claimed the right to say a word. He did not intend to oppose the Second Reading, because he believed it was important that some measure of this kind should be carried in the present Session in order that the long outstanding accounts between the traders on the one side and the Companies on the other should be brought to a settlement. He was somewhat disappointed with the Bill, but he accepted it for the purpose of bringing about a settlement of accounts between the railways and the traders.
said, he would not enter into the merits of the question, but he considered it would be unfair towards the Companies—one of which he had the honour to be associated with—that the Bill should pass without one remark being made on their behalf. They were quite prepared that a measure such as that the right hon. Gentleman was responsible for should be passed into law, but they could not allow the Debate to pass to-night silently, or the Bill to pass without a full discussion, if it were not to be understood that this was not the final arrangement which was to be the result of the action of those who devoted themselves especially to the consideration of the railway rates. The matter was surrounded with difficulties. It would be impossible to go into it at length now; but while he and his friends assented to the proposal of the Government, it must not be supposed that they were prepared to make a wide departure from their principles.
* said, it was correct that the Railway Companies, as well as the traders, thought that this Bill should pass. It would clear away a great number of accounts in dispute, and put straight matters which were now very ragged, but the right hon. Gentleman would have to adhere to the principles laid down in the Bill. If other questions arose they would have to be left ever for another Session.
said, that here was a Bill concerning £900,000,000 of capital, and yet, because the Government had brought in Bill after Bill which they were not going to pass, they were not to have time to consider it. Everyone who had supported the Bill said it was not what it ought to be, and yet it was to be allowed to pass without discussion to enable the Government to bring before the House absurd Bills which they knew they could not pass. The country ought to know the way the Government dealt with these Bills.
Question put, and agreed to.
Bill read a second time, and committed for Wednesday next.
Local Government (Ireland) Provisional Order (No. 13) Bill.(No. 269.)
Read the third time, and passed.
Local Government Provisional Orders (No. 13) Bill.—(No. 231.)
Read the third time, and passed.
Local Government (Ireland) Provisional Order (No. 14) Bill. (No. 271.)
Reported, without Amendment [Provisional Order confirmed]; to be read the third time upon Monday next.
Local Government Provisional Orders (No. 15) Bill.—(No. 237.)
Reported, with Amendments [Provisional Order relating to Brighton not proceeded with; remaining Orders confirmed]; Title amended; Bill, as amended, considered; read the third time, and passed.
Local Government Provisional Orders (No. 16) Bill.—(No. 245.)
Reported, with Amendments [Provisional Orders confirmed]; Bill, as amended, considered; read the third time, and passed.
Message from the Lords
That they have agreed to,—
Fishery Board (Scotland) Extension of Powers Bill,
Local Government (Ireland) Provisional Order (No. 7) Bill,
Commons Regulation Provisional Order [Luton] Bill,
Local Government Provisional Order (Gas) Bill,
Local Government Provisional Orders (Housing of Working Classes) (No. 2) Bill,
Local Government Provisional Orders (No. 8) Bill,
Railway Rates and Charges Provisional Order (Easingwold Railway, &c.) Bill,
Electric Lighting Provisional Orders (No. 2) Bill, with an Amendment.
Merchandise Marks (Prosecutions) Bill.—(No. 259.)
Considered in Committee, and reported, without Amendment read the third time, and passed.
Chimney Sweepers' Bill.—(No. 234)
As amended, considered; Amendments made; Bill read the third time and passed.
Poor Law Guardians (Ireland) (Women) Bill.—(No. 241.)
Considered in Committee.
(In the Committee.)
Clause 1.
Question proposed, "That Clause 1 stand part of the Bill."
Committee report Progress; to sit again upon Tuesday next.
Arbitration (Scotland) Bill [Lords]. (No. 290.)
Considered in Committee, and reported, without Amendment; Bill read the third time, and passed, without amendment.
Bishopric of Bristol Act (1884) Amendment Bill.—(No. 88.)
Considered in Committee, and reported, without amendment; Bill read the third time, and passed.
Public Libraries (Ireland) Acts Amendment Bill
Ordered, That the Select Committee on the Public Libraries (Ireland) Acts Amendment Bill have power to send for persons, papers, and records.—( Sir Walter Foster .)
Elementary Education (Continuation Schools) Bill
On Motion of Mr. Samuel Smith, Bill to amend the Elementary Education Acts, and to provide Continuation Schools, ordered to be brought in by Mr. Samuel Smith, Mr. Mather, Sir Henry Roscoe, Sir John Lubbock, Mr. Fisher, Mr. Howell, Mr. Herbert Lewis, Mr. Alpheus Morton, Sir George Baden-Powell, Mr. Henry J. Wilson, Mr. Yerburgh, and Sir Richard Temple.
Bill presented, and read first time. [Bill 293.]
Food Products Adulteration
Ordered, That Sir Henry Roscoe be discharged from the Select Committee on Food Products Adulteration.
Ordered, That Mr. Pinkerton, Sir Walter Foster, and Mr. Maclure, be added to the Committee.—( Mr. T. E. Ellis .)
Crofters' Holdings (Scotland) Bill
On Motion of Sir George Trevelyan, Bill to amend the Crofters' Holdings (Scotland) Acts, ordered to be brought in by Sir George Trevelyan, The Lord Advocate, and Mr. Solicitor General for Scotland.
Bill presented, and read first time. [Bill 294.]
House adjourned at ten minutes before One o'clock till Monday next.