House Of Commons
Monday, 12th July 1897.
Rosslare Railway (Apology)
said that he desired to correct a statement that lie had inadvertently made on Friday last to the effect that the Town Clerk of Birmingham was a member of a syndicate that wanted to purchase the Rosslare Railway. That official had written to him stating that there was no foundation whatever for the statement, and therefore lie wished to with, draw it, and to express his regret for having made it. ["Hear, hear!"]
Mersey Channels Bill
Lords' Amendments to to be Considered forthwith; considered, and agreed to.
Questions
Ashbourne Board Of Guardians
I beg to ask the President of the Local Government Board whether he is aware that the Ashbourne Board of Guardians have for some time held their meetings in licensed premises, contrary to law; whether any steps have been taken in the matter by the Local Government Board: and whether it is intended that any steps should be taken to put a stop to this illegality?
The question of the present place of meeting of the Ashbourne Board of Guardians has been the subject of correspondence between the Local Government Beard and the Guardians, and the Board have repeatedly urged that arrangements should he made for the meetings to be made elsewhere. It is alleged by the Guardians that the law is not contravened. They stated in May 1896 that an arrangement was made with the owner' of the board room whereby the hoard room and offices were, prior to the last licensing session, separately let tri the. Guardians who were thenceforth to have the exclusive use of them, and that they had not been included in the premises in respect of winch the licence was granted to the proprietress of the "Green Man" Hotel. The district auditor has made a disallowance; of certain rents which have been paid in respect of the promises referred, and the question as to the legality of the disallowance has been raised by an appeal which is under the consideration of the Board.
Evictions (Ireland)
I beg to ask the Chief Secretary for Ireland can he state the total number of applications for reinstatement by evicted tenants under the Land Act 1890; how many have been acceded to by the landlords; and, can the Government do anything before the powers of the Act expire to promote settlements?
The number of applications received by the Land Commissioners under the 47th Section of the Act of 1896 is 507, in 16 of which the applications have been acceded to by the landlords. At the same time, may state that settlements have been effected with evicted tenants in a considerable number of cases quite independently of the provisions of the Act of last year. Thus in the quarter ended March 31 last, the number of farms retaken by the former tenants was 158, and for the 12 months ended December 31 1896, the number was 627. In 1895 the number was 605, and there were 590 settlements in 1894. These numbers do not include cases of relating to relatives or friends of evicted tenants with the consent of, or by arrangement with, the latter. It is not the intention of the Government to undertake further legislation for the purpose of promoting settlements with evicted tenants.
asked whether the right hon. Gentleman could do anything in the matter pending legislation.
I will do anything that lies in my power in the matter. ["Hear, hear!"]
Postage Rates
I beg to ask the Secretary to the Treasury, as representing the Postmaster General, (1) whether, at the Postal Union Congress held a Washington, Great Britain proposed or announced her intention to reduce the postage to all parts of the world (Foreign and Colonial) from 2½d. to 2d. per letter (2) whether he is aware that about 53,000,000 letters are dispatched annually to Europe, Asia, Africa, America, and Australasia, and of this number of letters only 10,000,000 or 12,000,000 go to our Colonies and India; (3) whether in consequence of the refusal of the Foreign Governments to permit England to reduce her postage rates from 2½d. to 2d he has called the Chancellor of the Exchequer's attention to the fact that a saving of 53,000,000 halfpennies will be effected, and that the cost of establishing Imperial penny postage will only amount to 30,000,000 halfpennies; and (4) whether he will propose to the Chancellor of the Exchequer that the saving through the rejection of Great Britain's proposal shall he devoted to establishing penny postage to all parts of the Empire, and, whether he will consent to establish ocean penny postage to our Colonies if he receives the written consent of the Prime Ministers and Governments concerned?
it is the fact that, in accordance with the instructions which they received, the British Delegates at the recent Postal Congress announced the intention of her Majesty's Government to fix the English equivalent of 25 centimes at 2d. instead of 2½d. The Postmaster General is aware that about 53,000,000 letters (including post-cards) are dispatched annually abroad, and that about 12,000,000 of this number go to our Colonies and India. The last two paragraphs of the Question relate to matters of policy, of a kind which would require the attention of the Government, and could not in any case be conveniently answered within the limits of a reply to a question. This must also be my answer to the hon. Member's other Question.
I beg to ask the Secretary to the Treasury, as representing the Postmaster General, whether he is aware that the British Officers at present quartered at Carmen, Island of Crete, send and receive a number of private letters from Malta; that these letters travel invariably by one of Her Majesty's ships, free of cost, to the Malta Post Office, yet the postal officials at the latter place rule that all these letters must be stamped with a stamp, though the Malta inland rate is alleged to be only a halfpenny?
The Postmaster General has no information as to the postage charged on any private letters from Malta for British Officers quartered at Canea which may be conveyed by Her Majesty's ships. But as 2½d., or the equivalent of 25 centimes, where no agreement exists to the contrary, is the universal postage of the world from and to countries included in the Postal Union, he thinks it most probable that the authorities at Malta require the letters to bear this postage. The post office of the island is not administered by the Imperial Post Office.
Chester Military District
On behalf of the hon. Member for North Camberwell (Major DALBIAC), I beg to ask the Under Secretary of State for War whether it is usual in the case of promotion or appointment of an officer to the command of a battalion to take into consideration the opinion and reports of his commanding officer concerning his fitness and ability; and, if so, upon what grounds did the General Officer commanding at Chester recommend for command the officer now commanding the 3rd Volunteer Battalion Royal Welsh Fusiliers, in direct disregard of the reports concerning him by his own commanding officer, and why did be repeatedly refuse to see the commanding officer of the battalion on the subject when an interview was requested; and whether he is aware that the commanding officer had preferred serious charges against him (the officer now commanding the 3rd Volunteer Battalion Royal Welsh Fusiliers) and demanded a Court of inquiry to investigate the matter, which application was entirely ignored by the General Officer commanding at Chester?
The General Officer Commanding the District did duly consider the report of the officer commanding the corps and also that of the Colonel commanding the regimental district hi forwarding it. Considerable friction appears to have existed between the officer commanding and the officer reported on, and, after considering the reports, the General Officer Commanding, in the exercise of his discretion, recommended the appointment of the present Commanding Officer of the 3rd Battalion, and the Secretary of State is not prepared to interfere with the discretion so exercised. The General Officer Commanding denies that he has refused to give an interview to the officer who objected to the appointment. The granting or not of a Court of Inquiry was entirely A matter for the consideration of the General Officer Commanding, and not for that of the officer applying for it.
National Telephone Company
I beg to ask the Secretary to the Treasury, as representing the Postmaster General, whether his attention has been called to the practical withdrawal by the National Telephone Company of call room facilities at the Law Courts, arid to the fact that subscribers are now excluded, except by special payment, from facilities they have hitherto enjoyed; whether, having regard to the extreme importance to the administration of justice of communication to and from the Law Courts, representation will be made by the Post Office to the National Telephone Company upon the matter; and, whether the National Telephone Company has withdrawn several of its call rooms in the Metropolis, although subscribers have entered into contracts with the Company in good faith that the call room facilities through. out London would not he curtailed?
The attention of the Postmaster General has not been specially called to the withdrawal by the National Telephone Company of facilities at the Law Courts, but he has received representations in regard to the withdrawal by the Company of some of its call rooms in the Metropolis. He is in communication with the Company On the subject, and he will make inquiry with regard to the case of the Law Courts.
Horse And Field Artillery
I beg to ask the Under Secretary of State for War what has been the recent increase in horses am I in men in the Horse and Field Artillery of the I3ritish Army, taken together; and what was the effective strength in men of the Horse Artillery and Field Artillery, together, in 1897 as compared with 1895?
The recent increase of establishment of the Horse and Field Artillery taken together has been 191 men, 66 horses, and six guns. The establishment of men for the Horse and Field Artillery on the British establishment is 8,912 in 1897, against 8,721 in 1895. The effective strength is a varying quantity; by the latest returns it was 138 under establishment.
Plague Bacillus (India)
On behalf of the hon. Member for Londonderry (Mr. VESEY KNOX), I beg to ask the President of the Local Government Board Whether his attention has been called to the Bacteriological Report and the Dispatch of 10th March from the Government of India, showing that mice inoculated with an infusion from grain infected by the plague bacillus died in sonic cases though the grain had been for 13 days free from fresh infection, and that the bacilli might at a later date re-acquire toxic properties under favourable conditions: and whether he can state what steps have been taken to prevent the introduction of the plague into the United Kingdom?
My attention has been drawn to the Report and Dispatch referred to. From the Report it would appear that an experiment in which mice were deliberately injected beneath the skin with preparations of nine different species of grain, which had been purposely infected with microbes of bubonic plague, one single mouse, injected with one of these nine preparations died after 24 hours, whilst all the others survived. As regards the mouse that died it is stated that it "showed no appearances microscopically or otherwise, of having succumbed to bubonic infection," and I am advised that no scientific conclusion should be drawn from such a result. I do not gather that the Report shows "that the bacilli aright at a later date re-acquire toxic properties under favourable conditions." What the Report says, is that the Government of India are advised that the experiments are not conclusive, since such re-acquirement of toxic properties may be possible. The steps which have been taken to prevent the introduction of plague into England and Wales are embodied in an Order relating to Plague, Cholera and Yellow Fever, which was issued by the Local Government Board in November 1896. These regulations were brought under the direct notice of every Urban, Rural and Port Sanitary authority in England and Wales. I have also instructed Medical Inspectors of the Department to pay special visits to a number of ports which are in somewhat frequent communication with ports of India.
Matabeleland Rising
I beg to ask the Secretary of State for the Colonies whether it is the intention of the Government to grant a medal to the soldiers who have suppressed the rising in Matabeleland; how many Hussars or other regular troops now remain in or near Buluwayo; and when is it the intention of the Government to order these soldiers back to Natal?
An Army order was issued on the 1st inst approving tile grant of a medal to the forces engaged in the operations of 1896. Only 200 Hussars remain in Rhodesia. In May it was decided to move them to Mashonaland to act in support of the police. The troops will be withdrawn as soon as the circumstances permit.
Telegraph Charges
I beg to ask the Secretary to the Treasury, as representing the Postmaster General, (1) whether when a house is situated a few yards beyond the three-miles' limit, within which all charges for the delivery of telegrams are abolished, the recipient of a telegram is properly charged 3d. per mile for four miles; (2) whether it was the intention of the Government in abolishing the charges within the three miles to count the surcharge over them into the fourth mile; and (3) whether consideration will be given to the propriety of making the surcharge for delivery begin from the three-mile limit?
The answer to the first two questions of the hon. Member is in the affirmative. In charging from the office door, in the case of telegrams delivered at a distance exceeding three miles, the Department is following the practice which previously obtained in the case of telegrams delivered by man and horse. There has already been a liberal extension of the area of free delivery, and before any further concession can be made in the direction indicated by the hon. Member it will be necessary to see what is the effect upon the revenue of the changes already made.
, asked why they had adopted the practice that had previously obtained in the case of telegrams delivered by man and horse.
Well, I believe that the idea is that most of the telegrams that have to be delivered beyond the three-mile limit will have to be sent by man and horse.
Ballyshannon Dispensary Committee
I beg to ask the Chief Secretary to the Lord Lieutenant of Deland whether be is aware that the Dispensary Committee of Ballyshannon consists of eleven elected members, of whom eight are Catholics and three am Protestants, and of twenty ex-officio members, of whom no fewer than fourteen are Protestants and six Catholics, being the Poor Law Guardians ex-officio and elected who reside in the district; and whether, having regard to the fact that there is a Protestant majority of eight ill the Dispensary Committee of a district where the Catholics number nine-tenths of the population, and have an overwhelmingly larger valuation on which rates are levied than the Protestants, he will consider the propriety of advising the Local Government Board, in exercise of the powers vested in them, to allow the number of the members of the Dispensary Committee to be increased, and to confer on the guardians of the union the power of co-opting additional members on the Ballyshannon Dispensary Committee?
It is the fact that the Committee of Management of the Ballyshannon Dispensary Committee consists of 31members, of whom 11 are elected Guardians. I have no information as to their religious opinions, nor does the question of religion enter into consideration in the constitution of these Committees. The Local Government Board, at the request of the Guardians, recently increased the number of members of the Ballyshannon Committee to 31, in order that all the Guardians qualified to be members might included, and as there are sufficient Guardians qualified to act on the Committee no ratepayers have been elected. It is not proposed to take any further action in this matter, as no representation has been made to the Local Government Board that the sick poor require additional facilities for obtaining medical relief tickets.
Wreck (Indian Troopship "Warren Hastings")
I beg to ask the Secretary of State for India whether it is proposed to give official recognition on the part of the Government of India to the brave conduct of the officers and engineers of the Indian marine who were successful in saving the lives as well as salving a large amount of the property of the officers and troops in the wreck of the steamer warren Hastings?
The Government of India have already recognised in their marine orders the excellent conduct of the officers and men of the Royal Indian Marine steamer Warren, Hastings. The question of specially recognising the exceptional services of individual officers and men is also under their consideration.
asked whether a Dispatch had been received from the Government of India?
said that was the case. He forgot the exact form in which the communication came.
Civil Bill Courts (Ireland)
On behalf of the hon. Member for Londonderry, I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland, (1) whether the Trish Government have received from the: Derry Chamber of Commerce a memorial hi favour of a draft Bill to amend the law relating to Civil Bill Courts in Ireland by Mr. A. M. Munn, the Clerk of the Crown for County Perry; and (2) whether he will be able to introduce a Bill containing some or all of the amend- ments in the law suggested by Mr. Munn?
No communication has been received of the nature indicated in the first paragraph of the Question.
Outrages At Poona
I beg to ask the Secretary of State for India whether the Governor of Bombay has confirmed the nomination of Ganguhdar Tilak, of Poona, editor of the Mahratta and Kesari journals of Poona, to the Legislative Council; and, whether lie is aware that Ganguhdar besides publishing attacks upon the British Authorities in his papers has himself made speeches inciting to rebellion; if so, whether the Government of propose to take any action in this matter?
I beg to ask the Secretary State for India whether he is aware the Ganguhdar Tilak, whose election to the Legislative Council of Bombay is reported to be confirmed by Lord Sandhurst, was some years ago sentenced to a double term of imprisonment for being concerned in a conspiracy to defame a native statesman, Ras Bahdur W. Burvè, minister of tin important native state; and, whether the acceptance of this election to the Legislative Council by Lord Sandhurst was concurred in by his two colleagues, who, together with Lord Sandhurst constitute the Government of Bombay?
It is true that the nomination of Ganguhdar Tilak to the Legislative Council has been confirmed by the Governor of Bombay, in whom alone the right of confirming or rejecting is vested under die rules. Gatrguhdar Tilak was nominated in 1895 to the satin: position, and. he was again nominated in 1897. It is also true that Ganguhdar Tilak was some years ago sentenced to imprisonment, that he is the editor of two newspapers, and that he has recently made the speech alluded to; but the question whether the articles which have appeared in those newspapers are seditious, and whether that speech contained an incitement to rebellion is a matter of law, as to which the Government of Bombay has not at present arrived at any final opinion.
Does the noble Lord propose to take any action in regard to this nomination?
I certainly think it would be premature to express an opinion at present.
asked by whom this gentleman was nominated.
said he believed he was nominated by the Central Municipal Authority of Bombay.
Tate Gallery Of British Art
I beg to ask the Secretary to the Treasury what arrangements have been made with reference to the transference of a certain portion of the National collection of pictures to the Tate Gallery of British Art?
Ninety-seven pictures of the Modern British School have been transferred from the National Gallery to the Tate Gallery, where they are now hung. The general principle of selection adopted by the trustees and director has been to transfer to the Tate Gallery all works by British painters born after 1790. But certain exceptions have been made to this rule. For instance, almost all the pictures by Sir Edwin Landseer have been retained in the National Gallery, and on the other hand a few small paintings by Constable (born 1776) and a few examples of Wilkie (born 1785) have been removed to the Tate Gallery. All pictures of the earlier British School, including the works of Hogarth, Wilson, Reynolds, Gainsborough, Morland, Copley, Romney, Stothard, Opie, Crome, Lawrence, Turner, and others, will remain in the National Gallery, and have been hung in the western wing of the building. I may add that the Tate Gallery will also contain not only Mr. Tate's own gift of modern British pictures, but also the modern British pictures and sculptures bought by the Chantrey trustees out of their trust fund, and at present housed at South Kensington.
asked when the transfer would be made.
I think very shortly.
Royal Marines
I beg to ask the First Lord of the Admiralty (1) will he explain why the Royal Marine Artillery with their guns had no representation in the Naval portion of the Procession on the 22nd ultimo, and why no Marine brigade took part in the Review at Aldershot on the 1st instant, in accordance with the precedent of 1887; (2) who is responsible for the result that the Royal Marine Forces were the only branch of the regular service unrepresented in the Procession in London or at the Review at Aldershot; and, (3) whether lie is aware that this exclusion is keenly felt by all ranks of a service which has fought, both by sea and land, with the Navy and with the Army, in all parts of the world for more than two centuries?
As regards the first question of the hon. and gallant Member, I have repeatedly stated the case of the Jubilee procession in London. It was a mounted procession in which no Infantry of any kind was represented, and the only exception made was in favour of the small contingent of bluejackets with their field guns. The Royal Marine Artillery do not, I am informed, parade with field guns. It is not true that the Royal Marine forces were the only branch of the Regular service unrepresented in the procession. Time whole of the Infantry of the Line were unrepresented in the sense of the hon. and gallant Member's question. The Garrison Artillery, like the Royal Marine Artillery, were not in the procession, but were represented by a stationary detachment of troops. On the route of the procession the Marines were strongly represented, there being a battalion of Royal Marine Artillery and Royal Marine Light Infantry posted at prominent positions. The Marine forces mounted one of the few guards of honour which were mounted on that day. As regards Aldershot, the difference between this year and 1887 was that in the present year ships were mobilised in such numbers as has never been the case before; and, of course, the flower of the force of Royal Marines was employed in the ships. It was held that no thoroughly representative brigade could have been sent to the review, and rather than that the Marines should be represented there in any manner which would not do the fullest justice to their splendid reputation—["hear, hear"]—it was better that they shun Id not be present at all. Till the hon. and gallant Member put his question on the notice paper, I had not heard the slightest whisper of any feeling such as that suggested in his last paragraph. My information is to the contrary, and I cannot believe that the Marines would consider for one moment that there could be neglect or slight where none most assuredly was intended nor could be intended. ["Hear, hear!"]
Cloughoula National School (Ireland)
I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland (1) whether he is aware that pupils were recently expelled from Cloughoula male National School (Mill Street district) by order of the managers, on the grounds of insufficient accommodation; (2) what number of pupils is the school certified to accommodate, what is the average attendance, and what number were in attendance when the pupils were expelled; and (3) whether the Commissioners of Education have taken any steps to have the school enlarged; if so, with what result?
The facts are substantially its stated in the first paragraph. The manager of the school in question is manager also of the Mill Street National School in the same locality, and he explains that the children concerned belonged to the neighbourhood of the latter school which hits ample accommodation for them. The Cloughoula school is certified to accommodate 56 pupils; the average daily attendance for the quarter ended 30th June was 71 and the average attendance at the time of the expulsion of pupils was 72. The Commissioners made an offer to the manager of a grant-in-aid of the cost of enlargement of the school, and the manager has expressed his intention to enlarge the premises at a future date when practicable.
I beg to ask the Secretary to the Treasury, as representing the Postmaster General, whether the increment due after 1st April 1897, will be paid according to the new scale, 1s. 6d. per week, to Irish postmen; and, if so, from what date?
The new scales took effect from the 1st of April last. On that date the postmen's pay was increased by the proportion of any increment which they had earned at the old rate of 1s. a year, arid they are now qualifying for an increment at the new rate of 1s. 6d. a year which they will receive on the 1st April next.
State Of Jhallawar
I beg to ask the Secretary of State for India whether the Government have come to a final decision as to the sub-division and settlement of the State of Jhallawar; if so, whether lie will state what the arrangement is; and whether he will lay upon the Table of the House the Papers relating to the present condition of affairs in the State?
The general outline of the final decision regarding Jhallawar is as follows:—The claim of the Kotah State under tier treaties and engagements of 1838 to recover possession of its ancient territories then assigned to Jhallawar is held to have been established. The other portions of Jhallawar, consisting of Clem Mahler and the Shahabab Pergunnah, will regranted by the British Government to a selected member of the Kotah branch of Zalim Singh I's family. An exchange, however, of Jhalrapatan for Shahabad will be effected under suitable conditions in order to retain the town of that name as the capital of the new State of Jhallawar. The decision was announced in Durbar on June 5, and when I receive a report of the proceedings of the Government of India I shall be happy to lay further papers relating to Jhallawar on the Table of the House.
Election Law
I beg to ask the Secretary of state for the Home Department whether, under tire circumstances, he will consider whether the time has now arrived when the disqualifications which have been imposed upon persons for offences committed against the Law of Elections at the late general election may be remitted?
This question has already been considered by me, but I have not felt justified in advising any interference in favour of persons suffering disabilities in connection with offences against the Election Law.
Erasmus Smith Endowments
I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland if he is now in a position to give the information as to the finance of the Erasmus Smith Endowments, promised on 28th January 1897?
By the courtesy of the governors of these schools I was informed in January last that their gross income for the year ended let May 1896, was, £7,618 17s. 10d. I am unable to supply the further information desired by the hon. and learned Gentle: man's Question of the 28th January, nor have I any means of obtaining it.
Prison System (Scotland)
I beg to ask the Lord Advocate whether, since his replies in Nay last to questions relating to the prison system in Scotland, fresh instructions to prison officials, regarding the association of criminals and the supervision of associated prisoners by warders, have been issued by the authorities in Scotland; and, if so, whether lie will lay a copy of such instructions upon the Table of the House?
I am informed by the Prison Commissioners that the revisal of the instructions to prison officers was begun by them in January, and completed by the end of April last; and that the new instructions, as finally revised and approved, have now been printed and circulated. These instructions are issued in terms of No. 8 of the Rules for Prisons in Scotland, which have been laid before Parliament; and, as such instructions are voluminous and liable to be changed from time to time, it has never been the custom, and I do not now propose to lay them on the Table of the House. If, however, the hon. Member will call at the Scottish Office, I am sure the Secretary for Scotland will he happy to show him a copy of the instructions.
Life Assurance Companies Act 1870
I beg to ask the President of the Board of Trade whether the Board is obtaining Returns under the third, fourth, fifth, and sixth schedules of the Life Assurance Companies Act 1870, from those members of Lloyds and others who have issued policies of assurances upon human life within the United Kingdom; and whether such persons who have begun such business since the passing of the Act are required to make the deposit of £20,000 specified in the third section thereof?
The Returns referred to by the hon. Member are obtained from all companies which, to the knowledge of the Board of Trade, issue or are liable under policies of assurance upon human life within the United Kingdom, and all companies which, to their knowledge, have begun such business since the Life Assurance Companies Act 1870 have been required to make the deposit of £20,000. The term "company" under the Act means "any person or persons," but the Board of Trade have no information that any member of Lloyds or other individual has issued or incurred any liability under such policies except as a member of a life assurance office.
Gibraltar (Sanitary Works)
I beg to ask the Secretary of State for the Colonies, when the Papers relating to the sanitary works at Gibraltar will be laid upon the Table?
The Con-suiting Engineer has not yet furnished me with his reply to the allegations made by the Sanitary Commissioners. The Papers will be laid as soon as they have been received and considered.
Horsham Burial District Joint Committee
I beg to ask the President of the Local Government Board, if he intends during the present Session of Parliament to bring in a Bill to deal with the legal difficulties with regard to the exercise of borrowing powers by joint burial committees appointed under Section 53 of The Local Government Act, 1894, which in August of last rear the Board stated, in answer to an application from the Horsham Burial District Joint Committee, required legislation to meet them?
I have haul short Bill prepared on the subject, and. I will consult with my right hon. Friend, the Leader of the House, as to tile possibility of introducing and fussing it during the present session.
Irish Mail Service
On behalf of the hon. Member for Cork Co., W. (Mr. JAMES GILHOOLY), I beg to ask the Secretary to the Treasury, as representing the Postmaster General, whether his attention has been directed to the defective postal arrangements between Schell and Crookhaven; and, if so, whether 110 intends to improve them?
Since the Question put by the hon. Member on this subject on the 11th March last, full inquiry has been made, as to the possibility of improving the mail service to Schull and Crookhaven, but it is found that the conveyance of the mails from Skibbereen railway instead of by road, as desired, would involve a very large increase of expense which the advantage to be gained is altogether insufficient to warrant; an answer the above effect was sent to the hon. Member on the 31st March.
National Schools (Ireland)
On behalf of the hon. Member for Londonderry, beg to ask the Chief Secretary to the Lord. Lieutenant of Ireland whether he will call the attention of the. National Board to the desirability of allowing children in the Irish-speaking districts, who are asked by the Inspectors to explain the subject, matter of the lessons read, to give their explanations in Irish, in which they can more readily express their ideas?
I will draw the attention of the Commissioners of National Education to the suggestion of the hon. and learned Member, but I need hardly say that the matter is one entirely for them to decide and not for me.
Queens Diamond Jubilee
I beg to ask the Under Secretary of State for War if additional pay has been given to the members of the military hands who gave so much pleasure by their services on Jubilee Day?
It is not intended to make any difference between the bandsmen and the other soldiers in the award of a special allowance for service on Jubilee Day.
Southwark And Vauxhall Water Company
I beg to ask the President of the Local Government Board whether his attention has been drawn to the fact that the Southwark and Vauxhall Water Company is only giving an intermittent supply of water to many of the large blocks of workmen's dwellings in certain parts of West Southwark, and is creating a grave danger to public health; and whether he proposes to take ally, and if so what, measures to compel the company at once to comply with the law, and give constant supply?
The Local Government Board have received no complaints of the water supply being intermittent in the cases referred to, and I have therefore no compulsory powers of interference even if the facts were as stated. But when notice was given of the Question I instructed General Scott to inquiries into the matter. The company do not admit the allegations, and I am informed to-day by the company that the buildings in West Southwark continue to be well supplied with water and no complaint exists.
I should like to state that my Question was based on official statements made by the Clerk to the Vestry of St. George the Martyr.
Lambeth Waterworks Company
I beg to ask the President of the Local Government Board whether, in view of the great inconvenience and danger to which the inhabitants of Norwood have been lately exposed by the failure in the water supply, he will represent very strongly to the Lambeth Waterworks Company the necessity of immediate notice being given to consumers in future should it be found necessary for any reason to restrict or discontinue the ordinary supply?
I have communicated with the Lambeth Water Company and impressed upon them the great importance of giving early notice, so far as circumstances will permit, of any probable deficiency in the water supply of their district. I think I should add that the deficiency in the water supply was very sudden, that it was occasioned by causes which could not have been foreseen, and was at an end after five or six days. Under such circumstances it would have been very difficult to give notice to the many thousands of water consumers in the district in time to be id practical service.
Recovery Of Debts (Married Women)
I beg to ask the Attorney General whether his attention has been called to the decision of the Queen's Bench in the case of Farmery v. Rosse, given about two months ago; and whether the effect of that decision is substantially to exempt a married woman from the ordinary process of law for the recovery of debts; and, if so, whether the Government will consider the propriety of bringing in a Bill to amend the law?
My attention has not been called to the case, and I can find no report of it. Perhaps my noble Friend will communicate with me.
Welsh Land Commission
I beg to ask the First Lord of the Treasury whether the Government have taken, or are about to take, steps towards the construction of a scheme for granting advances out of the public Exchequer at a low rate of interest to embarrassed Irish landlords, to enable them to get rid of existing encumbrances on their property; and whether lie will also consider the question of introducing a similar scheme to render assistance to tile small occupying freeholders in Wales, whose condition is referred to in both the majority and minority Reports of the Royal Commission on Land in Wales, and in reference to winch the Commissioners are unanimous in recommending the Government to render them assistance by the advance of money?
was understood to say that no such policy had been undertaken in the case of Ireland, and that it would be time to make a declaration of the policy of the Government in regard to Wales when the Government made any declaration in regard to Ireland.
St Paul's Cathedral
I beg to ask the First Lord of the Treasury if he has any information whether the Dean and Chapter of St. Paul's Cathedral propose to remove a monument erected by King George III. at the request of Parliament to the memory of a distinguished naval officer. Captain Burgess, of the Ardent, who fell in the service of his country at the battle of Camperdown, in order to erect in its place a memorial subscribed for by private individuals to the memory of the late President of the Royal Academy; whether it is within the competence of any ecclesiastical authorities to interfere with public monuments erected by the Sovereign and Parliament in honour of those who have died for their country; and whether there is any opportunity of discussing the subject on any Vote in Committee of Supply?
In answer to my hon. Friend, I. have to say that I am informed there is no legal objection to the course which was proposed to be taken with regard to Captain Burgess's monument, but the Dean and Chapter, after reviewing all the circumstances of the case, have decided not to remove it. ["Hear, hear?"] I pronounce no opinion on the matter myself, but I think it ought to be stated, in justice to the Dean and Chapter, that they only intended to move the monument down to the crypt of the Cathedral, where are the monuments of Lord Nelson and Lord Napier of Magdala, heroes near wham I think any warrior might be proud to lay his bones.
The objection was not to the removal of the monument to the crypt, but to its removal in order to make way for another monument.
British Navy (Gift Of Ironclad By Cape Colony)
I beg to ask the First Lord of the Admiralty a question of which I have given him private notice—(1) whether he can make any statement as to the spontaneous offer of the Cape Colony to make a contribution to the Royal Navy by the gift of a first-class ironclad unfettered by any conditions; and (2) whether, in view of the fact that no such offer has ever before been made by any self-governing colony, he will consider the propriety of affording the House at the proper time a suitable opportunity of formally thanking the Cape Colony. [Cheers.]
My statement can be very simple. The House may remember that on June 2nd, before the departure of Sir Gordon Sprigg from the Cape, the Cape Assembly passed a resolution by which the Prime Minister was authorised to take provisional steps to arrange some basis of contribution by the colony towards the Imperial Navy. In pursuance of that resolution, Sir Gordon Sprigg called on me on Saturday and made the offer of a contribution on the part of the Cape Colony of the cost of a first-class battleship. [Cheers.] No conditions, except the necessary ratification by the Cape Assembly, were attached to the proposed most public spirited and generous contribution to Imperial defence. In reply to the second part of my hon. and gallant Friend's Question, I will certainly at the proper time consult with my colleagues as to the propriety of affording Parliament a suitable opportunity of formally thanking the Government of Cape Colony. [Cheers]
Workmen (Compensation Bill)
asked the Home Secretary whether he was aware that on the 1st June last an Amendment was moved in Committee on the Workmen's Compensation Bill, which would have had the effect of admitting to the benefits of that Bill persons serving in the army and navy, except when they were on active service; whether he was aware that in speaking on this Amendment the Secretary for the Colonies on behalf of the Government stated that the Government were willing to consider the matter?
Order, order! The hon. Member is out of order in thus referring to the Debates.
On the point of order may I point out that we have reached a point on the report stage of that Bill, when an Amendment dealing with this matter would have to be moved if it be moved at all, and can only be moved by the Government, and on the occasion to which I referred, an undertaking was given that the Government might be able to deal with the matter on the report stage.
The hon. Member is under a mistake in saying that such an Amendment can only be moved by the Government. I understand he is referring to an Amendment which would be out of order because it would increase taxation. That would be out of order on the report stage from whatever portion of the House it was moved.
Business Of Tile House
I beg to ask the First Lord of the time Treasury whether he will tell the House what will be the business after the conclusion of the Workmen (Compensation for Accidents) Bill. I would mention that the First Reading of the Naval Works Rill was taken without discussion, and I hope therefore that the Second Reading will be brought on as a First Order.
My hope is that the Bill which we are now engaged upon will be concluded to-night, and I think there is a general desire that it should be, It is a Measure which everybody will admit ought to be got through without undue delay to another place, if for no other reason, for our Own convenience. [Laughter.] If my hopes are fulfilled in that respect to-night I shall propose to devote to-morrow, first, to the Committee stage of the Foreign Prison-made Goods Bill, secondly, to the Committee of my right hon. Friend's kill for dealing with London water; and thirdly to what remains to be dealt with of the report stage of the Congested Districts (Scotland) Bill. If that programme succeeds, I should meet the right hon. Gentlemen's views by taking the Naval Works Bill first on Wednesday.
asked when it was proposed to take the report stage of the Public Health (Scotland) Bill.
said he could not give any pledge on that subject at present.
asked when the Scotch Education Bill would be taken.
As at present advised I see no prospect of taking it this week, at all events.
asked whether the Scotch Education Bill or the Public Health (Scotland) Bill would be taken first.
said that he could not pledge himself on the point, but as at present advised his view was that the Scotch Education Bill stood before the Public Health (Scotland) Bill.
Cotton Cloth Factories Bill
in asking leave to introduce a Bill dealing with Cotton Cloth Factories said it was only a one-clause Bill, and arose out of a request made last Session by the employers and employed alike, that there should be a Committee to consider the operation of the Cotton Cloth Factories Act of 1889, and how it could be improved. As a result of the enquiry made by that Committee certain conclusions had been arrived at which, he believed, were acceptable both to employers and employed, and he had been urged from both quarters to introduce this short Bill this Session. He believed that no controversy would be aroused by the Measure and trusted that it would not take up much of the time of the House. Bill to give power to make regulations with i the respect to Cotton Cloth Factories, ordered to be brought in by Sir Matthew White Ridley and Mr. Jesse Collings; presented accordingly, and Read the First tune; to be Read a Second tune upon Thursday, and to be printed—[Bill 310.]
Church Patronage Transfers Bill H L
Read the First time; to be Read a Second time upon Wednesday, and to be printed.—[Bill 309.]
Orders Of The Day
Workmen (Compensation For Accidents) Bill
As amended, further considered.
Clause 8,—
Commencement Of Act And Short Title
(1.) This Act shall come into operation on the thirty-first day of March, one thousand eight hundred and ninety-eight.
(2.) This Act may be cited as the Workmen's Compensation Act 1897.
to leave out the words "thirty-first day of March," and to insert the words "first day of July." He said he had no desire to unnecessarily impede the operation of the Bill or to prevent workmen getting its benefits as soon as possible. He had always been in favour of universal compensation for all accidents, but seeing that the Government in the Bill had made the employer responsible not only for accidents over which he had control, but for all accidents over which he had no control, he I thought the time allowed for the Bill to come into operation was too short, and his Amendment asked for the reasonable extension of three months more. The first reason in support of the Amendment was that the men's societies would be abolished and the funds would have to be divided, and that would take some tone. He did not believe that my new associations would be formed; in fact, the workmen themselves did not believe it, but if they were to be formed, time should be given for the purpose. Secondly, the clauses of this Bill were so far-reaching that the employer would find it difficult to insure against accidents. No insurance society would take a risk for more than £5,000, which was a ridiculous sum in the case of this Bill, and therefore it was absolutely necessary that the employers should have time to form associations to come to the rescue. He believed that if time was not given for the purpose of forming associations many employers would not insure at all, but would run the risk of an occident, and in that way the workmen might be defrauded of their compensation. Another reason was that coal owners, in order to keep their collieries going, required to enter into contracts for at least a year. On those grounds he thought it was fair and reasonable that the time at which the Bill would come into Operation should be extended from the 1st of March to the 1st of July.
said the Government recognised the desirability of giving all parties concerned ample time for the consideration of their position before the Act came into operation. What his hon. Friend had said about that was perfectly true, but he would remind his hon. Friend that when it was proposed in Committee that the operation of the Act should be postponed till the 1st of July 1898, he, on behalf of the Government, then said that it would not be fair, having regard to the interests of all concerned in the operation of the Bill, to postpone its coming into effect for so long a time; and his proposal that the 31st of March should be the date met with the general acceptance of the Committee. The Government were not disposed to agree to any further extension of the period. He believed there would be ample time for the employers to make their arrangements both in regard to contracts and to any alterations that might be necessary in existing societies.
, in supporting the appeal to the Government to reconsider their decision, said that more time was required by the employers to consider the new burdens imposed upon them by the Bill. The Measure when once passed would be difficult to alter, and it would be impossible to repeal it, and therefore full time should be given to the employers to realise their position. This was all the more necessary because since the Bill was in Committee the Colonial Secretary had made an important statement in which he quoted certain figures, which according to an authority consulted by the employers of labour were not correct. The right hon. Gentleman stated that the exclusion of the first two weeks would reduce the number of accidents for which compensation had to be paid by 25 per cent., and the liability by 30 per cent. Now Mr. Niesson, a very high authority, had calculated that the exclusion of the two weeks would only reduce the liability by 2½ per cent. There was a very wide difference between 2½ per cent. and 30 per cont.
The hon. Gentleman cannot go into these calculations. The question before the House is whether the Bill is to come into operation in March or in July.
submitted that his argument was to show why time should be given so that the correct calculations could be ascertained.
The hon. Member is entitled to state that, but he cannot go into detail.
said his point was that it was necessary before the Act came into operation that the large industries should have time to consider their position, and if necessary to federate. This was a large question for the workmen as well as for the employer, because it affected the industries upon which the former were dependent for their living, and he therefore spoke as much on behalf of the men he represented as the masters in his constituency. They simply asked for three months in addition to the three months granted in Committee, believing that three months would not be enough. They originally asked for twelve months, and now they ask for six. As this did not touch the principle of the Bill ample time should be given by the Government.
also urged that more time should be allowed to the employers to carefully consider schemes of insurance and safeguard their interests under the Bill. In speaking of the contracting out clause, the Colonial Secretary said it would of course be necessary to consider many matters in connection with it; and the right hon. Gentleman went on to say:—
He certainly thought that the right hon. Gentleman might, perhaps, be referring to an intention on the part of the Government to allow employers a little more time to devise new schemes. He thought it was not unreasonable to ask the Government whether they could not see their way, mainly for the purpose of promoting the easy working of the Bill, to give the three months now asked for."I cannot help thinking that should the Bill be passed, time should be given before it is put into operation for these matters to be considered."
believed that without some scheme of insurance this Bill could not be carried out, and would work injuriously both to workmen and employers. It appeared to him that three months was far too short a time to allow for the reconstruction of old schemes or for the creation of new. He believed that a system of compensation for all accidents must lead to some system of State insurance. Supposing it should happen that between now and next Session the authorities in charge of the Bill had evidence before them which led them to think that it was desirable that some further scheme of insurance should be established; the extension of time now asked for would allow that to be done next Session. A workman of great experience in the management of these schemes had deliberately expressed the opinion that the Bill by itself would be by no means so beneficial to the workmen who came under it as the existing schemes were, and if that was the case there would be a desire in sonic, quarters among those brought under the operation of the Bill to supplement it in some way or other. Surely it was not too much to ask that the operation of so revolutionary a measure should be postponed so that employers would have time to turn round and consider their position.
Amendment negatived.
First Schedule
Scale And Conditions Op Compensation—Scale
(1.) The amount of compensation under this Act shall be—
(2.) In fixing the amount of the weekly payment, regard shall be had to the difference between the amount of the weekly earnings of the workman before the accident and the amount which he is able to earn after the accident.
(3.) The payment shall be made on the application of the person entitled thereto, or his authorised representatives.
(4.) The payment shall, in case of death, be made to the legal person representative of the workman, or, if he has no legal personal representative, to his dependants, or, if he leaves no dependants, to the person to whom the expenses are due.
(5.) The expression "dependants" in this schedule means such members of the workman's family specified in the Fatal Accidents Act 1846, as were wholly or in part dependant upon the cunnings of the workman at the time of or immediately prior to his death; and any question as to who is a dependant, or as to the amount payable to each dependant shall, in default of agreement, be settled by arbitration under this Act.
(6.) Tile sum allotted as compensation may be invested or otherwise applied for his benefit as directed by the committee or other arbitrator.
(7.) Any sum ordered by the committee or arbitrator to be invested may he ordered to be invested in whole Or in part in the Post Office Savings Bank by the Registrar of the County Court in his name as Registrar.
(8.) Any sum so ordered to be invested may be accepted by the Postmaster-General as a deposit in the name of the Registrar an such, and the provisions of any statute or regulations respecting the limits of deposits in savings bunk, and the declaration to be made by a depositor, shall not apply to such sums.
(9.) No part of any money invested in the name of the Registrar of any County Court in the Post Office Savings Bank under this Act, shall be paid out to any Registrar, except upon authority addressed to the Postmaster General by the Treasury or by the Judge.
(10.) Any person deriving any benefit under any moneys paid into a Post Office Savings Bank under the provisions of this Act, may nevertheless open an account in a Post Office Savings Bank or in any other savings lank in his own name, without being liable to any penalties imposed by any statute or regulations in respect of the opening of accounts in two savings banks, or of two accounts in the same savings bank.
(11.) Any weekly payment may be reviewed at the request either of the employer or of the workman, and on such review many be ended, diminished, or increased, subject to the maximum above provided, and the amount or pay-cant shall, in default of agreement, be settled by arbitration under this Act.
(12.) Where any weekly payment his been continued for not less than twelve months the liability there for may, on the application of either the workman or the employer, be redeemed by the payment of a lump sum, to be settled by arbitration under this Act, but not exceeding three hundred and twelve times the weekly payment payable at the date of the application.
(13.) A weekly payment shall not be capable of being assigned, charged, or attached, and shall not pass to any other person by operation of law.
(14.) In the application of the Act and of this schedule to Scotland the expression "dependants" means tile persons who, according to the law of Scotland, are entitled to sue the employer for damages or solatium in respect of the death of the workman, and who are wholly or in part dependent upon the earnings of the workman at the time of or immediately prior to his death.
SIR HENRY HOWORTH (Salford, S.) moved, in Sub-section ( a), Section (1), to leave out the words "if the workman leave dependants," which would necessitate also, he said, the omission of the second sub-section. He wished to make a strong appeal to his right hon. Friend in charge of the Bill to reconsider the position of the Government in this question. It seemed to him that the principle of having two scales of compensation,
dependent not upon the wages a man received, nor upon the risks he ran, nor upon the kind of occupation he was engaged in, hut dependent entirely on the adventitious fact that he might or might not have a number of people dependent upon him was absolutely indefensible on economical and other grounds, and would certainly lead to very disastrous results in trades in which the occupation was a dangerous one. It must inevitably lead in such cases to the exclusion from employment of married men and with children. The Bill put a tremendous penalty on the employer who employed married men. In collieries especially, where a large number of the employés were men with families, the risk that would be run in employing such men would be a very serious and awkward one, and for the sake of the men employed, apart altogether from the enormously enhanced cost of working, coal, he would appeal to the Government to reconsider their decision as to the scale of compensation.
could not think his hon. Friend was in earnest in proposing this Amendment. His argument was that an inducement was held out to employers to employ men who had no dependants. In the first place, that argument was not borne out by the experience of the relief societies, which recognised the principle followed in the Bill, and he had not heard that the effect of the rules of those societies had been to induce employers to select only those men who had no dependants. If the liabilities were the same, whether there were dependants or not, a further question would arise as to who was to have the money. Surely that was a practical question. He could hardly think that employers would be willing to agree to an Amendment which imposed the same liability whether there were dependants or not.
Amendment negatived.
MR. PARKER SMITH (Lanarkshire, Partick) moved an Amendment applying the scale of compensation payable in case of death where the workman leaves dependants "wholly dependent upon his earnings at the time of or immediately prior to his death." This had to be read
in connection with a subsequent Amendment as follows:—
"If the workman leaves dependants in part dependent upon his earnings at the time of or immediately prior to his death, such sum not exceeding in any case the amount specified in the preceding sub-section as the arbitrators may consider reasonable and proportionate to the injury to such dependants."
The scheme of the Bill was to divide the cases into two classes—the case where the workman left dependants, and the case where he did not. The object of the Amendment was to introduce a third class—the case where the workman left people partly dependent—the principle being that, whereas the scale might be quite reasonable for the case of the father of a family leaving persons wholly dependent, many cases would arise in which the earnings of the person killed formed only a small part of the earnings of the so-called dependants., and, therefore, under the scale of the Bill the amount to be paid to those partial dependants would be much larger than anything they actually lost by the death of the workman. In the case of a man over 65 there would rarely be anyone except his wife wholly dependent upon him, and in that case it would be arguable whether the scale of the Bill was not excessive; while, in the case of young persons earning 5s. or so a week, the amount given by the scale would represent perhaps a dozen years' wages of the child killed. The scheme in the Bill seemed to look simply to the case of the full-grown man in the prime of life, and there was reason to fear that if it stood as it was the effect might be serious in discouraging the employment of old men. The limitation of dependants was taken from the Fatal Accidents Act, but that Act included the principle of the present Amendment. It did not contain any minimum, but it gave power to the jury to award a less sum so as to cover the actual loss of the person. He thought that in this Bill, one way or another, a similar provision ought to be made, and that not merely the case of grown-up men but the case of old men and children ought to be considered; and he believed that the suggestion in the Amendment, without drawing any arbitrary or hard and fast line, such as the age of 65 or 12s. a week, would give discretion to the
arbitrator to meet the requirements of justice by reducing the amount of compensation.
said that he did not dispute for a moment the importance of the question raised by his hon. Friend and the reasonableness of the arguments Which he had advanced in support of the Amendment. The fact was that this Amendment and other Amendments on the Paper to which reference had been made, raised the question of scale under the Bill in case of death; and there was this peculiarity about the scale, that the minimum had been fixed at £150. To that extent the discretion of the arbitrator, which they had endeavoured to preserve throughout the Bill, had been limited. He was bound to admit that he saw in that a certain inconsistency. The Government held very strongly to the view that in dealing with the different complexities of trade it was impossible to stereotype terms and put them into a statute; they must allow a certain freedom to the judge or arbitrator who had to decide a case of doubt. In most cases they had, he thought, preserved that freedom of the arbitrator. But in the present case the freedom of the arbitrator had been limited by the schedule, and, as a rule, there were two questions which undoubtedly arose. The first was the case where the minimum fixed might be more than the value of the deceased to the dependants who were to benefit; and it was conceivable, therefore, that the death of the workman might actually be an advantage to time persons who were interested in his wages. Certainly, at first sight, there appeared to be an anomaly. The second case was that where the wages of the person killed did not amount to the sum which would justify the compensation given. Take the case of an old man who was in casual employment, and earning 5s. a week. On his death £150 had to be paid to his dependents just the same as if he were a workman in full health, earning 30s. or 40s. a week. That also constituted an anomaly. He thought his hon. friend would see that the Government appreciated the difficulty that had been raised. He did not look, however, on the proposal of his hon. friend as being at first sight absolutely satisfactory. He thought that the division which the hon. Member had proposed between those who were wholly and those who were partially dependent was rather arbitrary. For instance, suppose that a wife was dependent upon her husband, hut that she earned by charing an occasional 2s. a week. She would be only partially dependent, but it would be very hard to make a distinction between a wife in that position and another woman who was wholly dependent. The difference between wholly and partially in that case was very trifling, and one which it was impossible to deal with in the terms of a Bill. There were other exceptional csses which suggested themselves to his mind, and they went to show how extremely difficult it was to find words to do absolute justice in all these cases. He was bound to say, however, that, having recognised these difficulties, and having departed from the principles of the Bill by limiting the discretion of the arbitrator in this one case by fixing the minimum at £150, the Government had raised some difficulties which he thought had not been fully discussed on previous stages of the Bill, and which they ought to endeavour to meet. While he did not feel justified on behalf of the Government in accepting the Amendment, he hoped that his hon. Friend would see that the Government were alive to the difficulties raised, and he trusted that they might be able in the course of further consideration of the Bill to be able by some means to give effect to the suggestion.
said that the Amendment proposed that there should be discrimination between the cases of "wholly dependent" in the case of a workman killed, and where the dependent on the workman was "partially dependent." The Colonial Secretary had pointed out that in some cases the person who was partially dependent might be entitled to substantially the same amount of compensation as a person wholly dependent. This case was dealt with in the Amendment, because in that case the arbitrator was to have full discretion. It was only a question of taking away the minimum, and if the arbitrator thought it right in any particular case to give the same measure of compensation as the Bill would give, where a dependent was wholly dependent this would be within the discretion of the arbitrator; and he hoped that on further consideration the right hon. Gentleman would see that the possible injustice to which he referred would not in any circumstances arise if the whole of the Amendment of the hon. Member were accepted. This case had been in the mind of those who had prepared the Amendment, and the whole of the Amendment looked at as one was carefully worded. They must discriminate in the Bill in order to get a fair measure of compensation; this was all that the hon. Member proposed as regarded that portion of his Amendment. The other point referred to by the Colonial Secretary was, he thought, of equal importance, but it rested on a different principle. It was not a question whether a dependent was partially dependent on a workman, but whether the compensation was not out of proportion to the earnings of the workman at the date of his death. This point was not immediately dealt with in the Amendment, but still it was essential that it should be considered. The point had been raised on the Committee stage, and the Colonial Secretary acknowledged the difficulty. Supposing they had a work woman or a child earning 5s. a week, then they had a minimum compensation of £150; thus they gave 13 years' wages as compensation in a case of that kind. No one would suggest that this would be fair. Again, suppose a case of compensation between workmen and workmen, not employer and employed. Was it fair that the fellow workmen in that particular case should provide 13 years' compensation? It would be far more fair in all these cases that the amount of compensation should be proportioned to the earnings of the person injured or killed. If in all cases they apportioned the compensation to the amount of earnings they attained a fair and self-acting system. No one would suggest that they ought to give £150 as a minimum in the case he had suggested. He hoped that the Colonial Secretary would consider these two points, not in any way with a view to cutting down the terms of compensation under the Bill, but in order that they might establish a fair adjustment and to apportion the amount of award to the proportion of the injury.
said he wished to reply to the previous speaker on two points he had made in connection with the case of a child earning 5s. a week, and the supposed injustice as between workman and workman. As to the injustice between workman and workman, he might be allowed to point out that in their relief societies the workmen entailed that injustice upon themselves now, because there was no distinction made as to the amount of relief between die man who had a wife and several children and the man who had no wife. It might be argued that in strict justice there ought to be a differential rate of compensation, according to a man's earning power and the number of persons dependent on him, but that would raise another serious complication, and cause a great bar to cases being promptly dealt with. The Bill had been very much altered since it was brought forward, and they had now another alteration suggested by the right hon. Gentleman the Secretary for the Colonies; and he would like to suggest that the right hon. Gentleman should tell them exactly what they had to meet in these amendments. This matter was fully discussed in Committee; the right hon. Gentleman heard the same arguments; and if it was necessary, as he said, to make some alteration to meet what he called the justice of the case, why was the Amendment not put down on the Paper? In his own opinion it was not necessary; but if the right hon. Gentleman had anything of the kind in mind, he could not have been impressed by the arguments brought forward that evening, because there was nothing new in them; the same arguments and the same objections were all used at the Committee stage. As to the case of the child earning 5s. a week, was there not such a thing as prospective dependence upon a son He could understand the case of a father of a family dying and leaving a son who was earning low wages and the widow struggling on till the boy grew up The widow had what he called a prospective right in that boy—she was depending on him for support in her old age. Now, if this Bill was intended to meet injuries sustained, that was a case which should receive some consideration when the right hon. Gentleman brought forward his proposals. He hoped that if the Secretary intended to carry out the ideas he had suggested, he would give them some outline beforehand so that they might have time to consider it, and not leave it to the fag-end of the session, when there would not be full opportunity to study the whole bearings of the question. He feared that the benefit of the Bill to the workman was being very much minimised, and if the right hon. Gentleman did bring for ward an alteration that would authorise the committee or the arbitrator to inquire how much a family was dependent on the injured workman, wholly or partially, then it must tend to further minimise the benefit that was intended to accrue to the workman. He would urge the right hon. Gentleman to re-consider any idea he might have in his mind, which was no doubt intended to mollify hon. Gentlemen who spoke from the employer's point of view. He did not think there was any need for them to fear, for he believed that every iota of benefit that went to the workman would in the long run be most assuredly paid for by the workman himself. They must look at this thing as straight as they could. Workmen must not be deluded—at least, he was not deluded—into thinking they were going to get any great gifts from the employer, because he believed that the relations between wages and prices were so close that any benefit paid by the employer would come out of wages in the end. Let them speak plainly. It might be that the employer was the best and the most necessary channel through which the workman could receive this money; but let them fully recognise that the money winch came through would ultimately come from the workman from the producing power of the workman. ["Hear, hear!"] He hoped the right hon. Gentleman mould not bring forward any alteration to produce complications. Too many complications had been produced in the Bill already, and this would make another. Let any hon. Member bring before his mind a county like Durham where there were between 70,000 and 80,000 men down in the mines; let him consider that from 17,000 to 18,000 accidents occurred in a year, and if 10,000 of these had to be decided by a committee or by arbitration as what the workman was to receive based on his earning power for the time being, it was obvious that the court or committee would become so congested with arrears of work that it would be many months perhaps before any money was paid to the sufferer. Anything of this kind must tend to check the speedy operation of the Bill. He certainly thought that this was a point upon which the decision of the committee might be fairly maintained, and he urged the Government to maintain it.
said in supporting the Amendment, and in putting down an Amendment of a similar nature on the Paper, he had no desire to minimise the fair and just compensation payable under the Bill. It had been said that this matter was fully discussed in Committee. He ventured to differ. A very short discussion took place late in the evening. The point raised was admitted to be a very important one, and the Government went so far as to say that it was a point which had escaped their attention, and they would, between Committee and Report stage, look into it and see what could be done. He did not for a moment complain of what the right hon. Gentleman the Secretary for the Colonies had said, so far as the merits of the case were concerned, but there was some justice in the complaint of the hon. Member who had just sat down, and he did think, after what passed in Committee, that it was a pity the Government had not seen their way to put down on the Paper the Amendment by which they would desire to meet the case. It was an important matter. Let him put a case which had not been mentioned at all. The case of the child earning a few shillings a week had been spoken of. Take the case of a man with half-a-dozen full-grown sons working in a colliery or a glass-blowing factory. The old couple were dependent on the sons, each of whom perhaps contributed 2s. a week to their parents, who might be able to do some trifling work besides. If one of these sons was killed, as the Bill now stood these parents would be entitled to receive a minimum of £150—all discretion to reduce would be taken away from the arbitrator. Yet look at the parents' loss by actuarial figures. Two shillings a week was £5 a year; three years' payments were £15; therefore, on a simple calculation, a payment of fifteen or twenty years would more than meet the justice of the case. Yet the arbitrator was absolutely prevented from awarding the old couple less than £150. As he said in Committee, the Bill was altogether one-sided. Here was a case of absolute injustice—it was lavish generosity at the expense of the employer, or rather at the expense of the employé. The Amendment he had put down, and that of his hon. Friend, were intended to meet this case. It took away nothing from the workman, it merely gave the arbitrator a fair discretion. There was another view to be taken, viz., that they were putting a very high premium on the death of an able-bodied man. To his old parents that man would be worth four or five times as much when dead as he was when alive. ["Oh!"] He was no doubt putting it perhaps in what some people would think a brutal way. But it was the simple fact of the case; and he thought, therefore, that it was appoint winch the Government should meet. The right hon. Gentleman the Secretary for the Colonies had met these arguments in a fair and conciliatory spirit; but there had been month or more between the Committee and the report stage, and he confessed he should have liked to know in what way they proposed to meet a point in the Bill which must be met if anything like justice was to be done. The right hon. Gentleman would see that in his Amendment he had practically embodied the same point as his hon. Friend, and he should like to know if there was anything in the words set down that the right hon. Gentleman would be prepared to accept in regard to this point. He did not believe that the Amendment would have the effect of complicating the proceedings before the arbitrator.
thought the House ought to have a clearer declaration from the Government with regard to the alteration which they proposed to make in the Bill. They ought to be told how and why this alteration was to be made. Did the Government intend to abandon the minimum altogether, or did they intend to fix a lower minimum?
wished to make it clear that the Government had no intention of abandoning the minimum. What they thought was that the words in the Bill appeared to limit the discretion of the arbitrator. [Sir W. HARCOURT: "Of course, it would not be a minimum if the arbitrator had the power to award a smaller sum!"] His right hon. Friend had shown that in certain cases it would not be just that the arbitrator should have no discretion. As yet, however, the Government had not found any form of words which would meet the necessities of the case.
had heard the statement of the Colonial Secretary with considerable alarm. The arguments used by the hon. Member for Stroud and the hon. Member for St. Helens showed that they did not understand labour matters. They seemed to think that a boy who was just entering upon a life of labour was to be reckoned of less value to his family than a man who had been working for a number of years. That was quite wrong. A poor widow left with children dependent upon her labour counted the days up to the time when her eldest boy was able to work, and when he was at work she counted the months that must elapse before he would get an advance of wages. In the lad, in fact, lay her chief hope. In the case of a man who had worked for 30 years, so much of his capital—that was, his capacity for work—had gone. The lad of 16 had all those years to the good, and was therefore of greater value to Ids family. He wanted the Colonial Secretary to consider the following case: A member of a family was often dependent upon a family contribution for the greater part of his or her maintenance. Supposing three brothers contributed and one of them was killed, the survivors might not be able to subscribe a sufficient amount to keep the dependent member of the family out of the workhouse. What would be clone in a case of that kind were the proposal of the hon. Member for the Partick Division accepted?
explained that the suggestion that had been made was that the arbitrator should be given discretion to take into account all the circumstances of the case, and to award a less sum if the circumstances of the case should warrant it, but only under those conditions. In the case put by the hon. Member the arbitrator would, lie presumed, award the full sum.
said that that assurance relieved his anxiety in a Measure. The Bill contained very much that was good, and he wished to preserve as much of it as possible, and to leave in it as little as possible that was vague.
said he did not think anybody wished to deprive the arbitrator of the discretion and power to give an old widow the prospective value of the earnings of her son whom she had lost by an accident. That, however, did not cover the whole case, and if they were to speak of surrenders they must refer to a contention which had been repeatedly made on the Committee stage, that justice forbade that anyone should be pecuniarily the gainer by the death of a workman. If there was to be a minimum it should be that sum which under the old law a jury would have given when a ease was brought before it, and such a sum being variable could not be fixed in a Bill. Ho thought therefore that it would be best to give an unfettered discretion to the arbitrator.
Amendment, by leave, withdrawn.
MR. LAURENCE HARDY moved in paragraph ( i), Sub-section ( a), after the words "a sum equal to his earnings," to insert the words "at that employment." He thought these words were required in order to deal with cases where the employment had not been for three years.
said the Amendment would not read, and could not be inserted at this point. The House had decided that the sum was either to be equal to the earnings during three years, or to be the sum of £150, and they thought that was the proper way of dealing with the matter.
Amendment, by leave, withdrawn.
SIR ALFRED HICKMAN (Wolverhampton, W.) moved to insert in the
same paragraph after the words "preceding the injury," the words
"at that employment, if employed for three years, and, if for a less period, then for the amount of three years' earnings calculated at the rate of his actual earnings during the period employed."
He thought the compensation should be based not upon the workman's previous earnings, but on what he would probably have earned if he had continued his work.
pointed out that the words could not be inserted; the words if inserted would have to be "at his employment," or "at the employment." If the hon. Member wished the earnings to be calculated on a different principle he would suggest that lie should put forward his Amendment at the end of the sub-section.
pointed out that sonic Amendment was necessary as a workman might be employed by two employers, from one of whom he received 2s. 6d. a week, and from the other 30s. The question arose as to what should be paid if he was killed whilst in the employment of the employer who paid him 2s. 6d. a week.
cited the case of a man who might have been earning £200 or £300 a year as a teacher but who had lost his situation through drunkenness. Having become a tramp the man might be found a situation by the Church Army at 15s. a week, while his average of earnings for three years would be much more than that.
Amendment, by leave, withdrawn.
SIR WILLIAM HOULDSWORTH (Manchester, N.W.) moved in paragraph ( i), Sub-section ( a) to insert after the words "three hundred pounds," the words:—
"and such sum shall be paid in the following manner: (1) By a sum of ten pounds for medical attendance and burial; (2) by weekly payments for fifty-two weeks of two-thirds of his average earnings during the three years next preceding the injury; (3) by a sum at the end of fifty-two weeks equal to the balance of the total amount due for compensation under this Act."
He proposed this Amendment really in the interests of the workmen, but he would also point out that in the
case of the smaller employers a lump sum might be a very heavy burden. He would also point out that it was probable that in the majority of cases, after a fatal accident, the relatives of the deceased workman would remove to friends at a distance; and in these circumstances the weekly payments would give rise to considerable difficulty mid inconvenience. He knew it had been suggested that the decision of the question whether it would be better to give a lump sum or weekly payments should be left in the hands of the arbitrator. But he objected to any increase in the burden that was already placed on the arbitrator, and besides it would be very difficult for the arbitrator to decide in particular cases whether a lump sum should be given or weekly payments. He would point out that what the widow of the workman killed would first want was a small sum to defray medical and funeral expenses; secondly, provision for some time in the shape of weekly payments, and then after a period of about 12 months, a capital sum which might be devoted to secure for her a permanent livelihood. He believed the best interest of a working man's family would be served by some such arrangement, and he thought that instead of leaving the matter at the discretion of the arbitrator, an automatic system should be provided.
pointed out that Subsection (6) of the schedule gave the arbitrator discretion to carry out the arrangement suggested in the Amendment if he thought it desirable in any particular case. The words of the Sub-section were:—
"The sum allotted as compensation may be invested or otherwise employed for his benefit, as directed by the committee or other arbitrator."
said the object of the hon. Baronet was an excellent one. Any one that had experience of the way in which the sums paid in the lump as compensation to widows were spent would venture to assert that some such scheme was desirable. When he pointed out that in the event of any large accident in which there were 200 lives lost, a sum of £20,000 or £30,000 would be thrown into one village, it would be seen how desirable it was that the arbitrator should have discretion to deal with the mode of paying the compensation as he thought proper. As his hon. Friend the Member for the Lichfield Division had pointed out, Sub-section (6) gave full power to the arbitrator to make an arrangement such as the hon. Baronet suggested if he thought fit; but as it might be desirable in some cases to give a lump sum rather than weekly payments, it would not be well to fix a hard and fast rule.
said he thought the object of his hon. Friend was one that would be appreciated everywhere. He confessed that at first he was inclined to accept the Amendment, although it was always objectionable and dangerous to adopt anything in the nature of a stereotyped rule; but on further consideration he had come to the conclusion that Sub-section (6) left to the arbitrator a discretion to make such a disposition of the money as his hon. Friend proposed.
asked what would be done with the money in case such an arrangement as he proposed was made.
said that in that case the £150 or whatever the sum might be would be paid over and invested in the Post Office, and be withdrawn in instalments.
said the labour representatives appreciated the intentions of the hon. Baronet, in moving the Amendment; but they thought it would be well to allow Subsection (6) to regulate the distribution of the money.
Amendment, by leave, withdrawn.
said that in order to meet the point of his hon. Friend the Member for Wolverhampton, that the earnings on which the amount of compensation was to be based should be the earnings in the employment in which the workman was at the time of his death. He moved to insert in line 8 after "injury," the words, "in the employment in which he was engaged at the time of his death if he has been so long employed."
asked whether the Attorney General meant the employment under an employer for all the industry, or for one branch only of the industry. A man, for instance, might be earning 5s. or 6s. a day in one branch of an industry for two years, and then owing to some change in that branch of the industry he might be put to something else at which he earned only 3s. a day. In such a case as that would the compensation be reckoned on the 3s. a day or on the whole sum the man earned during the three years?
said he had endeavoured to meet the particular case mentioned by his hon. Friend behind him, but if hon. Members opposite had any objection to the Amendment he would withdraw it.
thought there was something in the objection of his hon. Friend the Member for Mid Durham, and he advised the withdrawal of the Amendment.
also supported the withdrawal of the Amendment.
Amendmenlt, by leave, withdrawn.
SIR MATTHEW WHITE RIDLEY moved, in Sub-section ( b), to leave out the words, "in case of," and to insert the word "where."
Amendment agreed to.
SIR MATTHEW WHITE RIDLEY moved in the same paragraph to leave out the word "resulting," and to insert the word "results."
Amendment agreed to.
*COLONEL BLUNDELL moved in paragraph ( b) to leave out the word "second," and to insert the word "sixth." He said that the object of this Amendment was to indirectly induce employers and employed to form mutual relief societies, and so secure to the employed the guarantee of en association that if injured, ho and his would receive the money compensation promised, irrespective of the solvency of the employer; while it would secure to the employer that the supervision of the fellow workmen would be brought to bear upon workmen suffering from bruises and
slight strains, owing to their having an interest in the funds which paid them. With regard to the necessity for such mutual associations, in the relief societies of this country, in Germany, and in New Zealand, the workmen had a direct pecuniary interest in the economical administration of accident funds, although their systems differed in detail if in this country the workman was absolutely severed from all pecuniary interest in accident funds, mid these funds were paid for by the employer almost alone, there was a great temptation to a workman to prolong his case, if he was at all given to idleness. The exclusion of compensation for the first fortnight was so small as to be useless as against such prolongation. The House would have noticed the great difference between the calculations of the Home Office and of the employers in respect of the compensation that would be payable. The Home Office in estimating the cost took the average wage of ail the workers as the guide; but the relief societies took the past as their guide, and found that the average wage of all the workers did not represent the average wage of the injured, but that the injured were chiefly derived from those earning higher wages and working in more dangerous places. This was specially the case in coal milting. The Home Office, too, did not appear in its calculations of the incidence per ton of the cost of accident to have taken into consideration the liability falling upon the fund from past serious accidents. If in the Act the whole cost was thrown upon the employer, how would the arbitration work referred to in the second schedule? It had been the experience in many cases of arbitration between employers and employed that they were so well conducted that the arbitrator was hardly employed at all. The employer could hardly feel confidence in the representatives of the workman on the arbitration dispensing the moneys which had to provide, and which they as well as those injured would regard as drawn from a sort of consolidated find whose dimensions they probably exaggerated absurdly. If they looked at the experience of Germany they found that the Germans had made the mistake of paying too much in small injuries, for this had led to a postponement of the cure. It had, in fact, en-
couraged malingering. The Government by throwing away self-help parted with the only means whereby that evil could be checked. Anything to be successful must be done mutually. Let employers and employed pay half and half, and then they could safely go as far as they liked but if one paid all and the other had au equal right to dispense, the scheme would not succeed.
said that the argument of his hon. Friend really went to the question whether or not a longer period than two weeks should be taken before the allowance could be paid. If the argument was that if a longer period was to Le taken there must be back payments of the amount, then there was a forcible objection to the extension of the time, and if the argument was that the employer should not be made responsible until the actual payments began, then there should be as short a period as possible.
said that in Committee the House was almost evenly divided on the question whether the payment of compensation should not begin immediately after the accident, or whether there should be an interval of two weeks before the employer should be held to be liable at all. He thought that if any change was to be made in the Bill it should be made in the direction of making the payments to begin on the very earliest day after the accident.
said the question was not so simple as the Attorney General seemed to suppose. The right hon. Gentleman the Colonial Secretary had suggested that the two weeks taken off would reduce the liabilities of the employers by 30 per cent., but the calculation of that eminent authority, Mr. Neison, showed that the relief in these circumstances would be very small indeed.
rose to order. He submitted that this matter was provided for in a former section of the Bill. Sub-section (20) provided that the period should be two weeks.
That point has already been taken. The hon. Gentleman is in order.
, continuing, said that he should be very glad if the figures in relation to this matter would work out as the right hon. Gentleman the Colonial Secretary had made them.
said that the meaning of the language he used to the deputation had been entirely misconceived. He never said that tins deduction of two weeks was equal to 25 per cent. of the value of the compensation. He said it was equivalent to 25 per cent. of the total number of accidents, and he agreed with Mr. Neison that that was equivalent to five per cent. of the value of compensation. Then he went on to say that it not merely knocked out all accidents which lasted two weeks, but that it also knocked off two weeks from the duration of the compensation in regard to all other accidents—that was to say, that in regard to 75 per cent, of the total number of accidents it knocked off two weeks of compensation, and, as the average term of compensation was found by the Miners' Relief Society and other associations to be six weeks, from these accidents the deduction amounted to 30 per cent. These were the two statements he made.
said he would like to submit the hon. Gentleman's exact words, and then the House would be able to gauge whether he was justified in the interpretation he had put on them. The right hon. Gentleman said:—
"I daresay it is well known to most here that the result of that is to exclude altogether at least 25 per cent. of all the accidents that take place, and to exclude two weeks' compensation from all the rest. As the average of incapacity is very small in the vast majority of cases, this practically reduces the amount of compensation by something like 30 per cent."
Hear, hear. The first statement is 25 per cent. of the number. The second statement is 30 per cent. reduction of the compensation payable in the great majority of accidents.
said that though he accepted the explanation, he was justified in his interpretation. This Amendment really dealt with one of the most important principles in the Bill—namely, what proportion should the employer bear as compared with the burden imposed on the workman. On the one side there was two weeks to be borne by the workman and on the other side the rest to be borne by the employer. As he had said, he thought this a very unjust burden. The right hon. Gentleman, the Colonial Secretary, on the same occasion, used the following important words:—
He suggested that one of the surest ways of reducing malingering was to extend the two weeks to a longer period."I think the most important of all the points to which reference has been made, and one which has already given us an immense deal of anxiety and continues to occupy our attention is the question of the prevention of malingering."
Amendment negatived.
Amendment made: In Sub-section ( b), leave out "at that employment."
Leave out: "Then the average during the period of his actual engagement," and insert—
"If he has been so long employed, but if not, then for any less period during which he has been engaged in the same employment."—(Sir Matthew White Ridley.)
MR. PARKER SMITH moved in Sub-section ( b), after "pound," insert—
"provided that no such payment shall continue for a longer period than three hundred and sixty-five weeks."
He contended that it was of the greatest importance that the question of this weekly allowance to the workman should be left in such a position as to give a sufficient amount to the workman, and at the same time would be defined in some way and made capable of being insured against. Of course any number of hard cases could be quoted in which the fixing of a maximum would tell hardly, cases in which the incapacity was permanent; but the principle that hard cases made bad law came in here. They could not take into consideration individual and exceptional cases in laying down a general rule in this way. He thought it important from the point of view of insurance, to have a maximum as definite as possible, and they must make a general estimate of what they thought it fair to impose as a maximum and exclude considerations of possible hard cases, and he submitted that the general rule framed in the Amendment was a satisfactory one to establish.
hoped his hon. Friend would not press the amendment. He must say that it was discouraging to the Government to find that having made a concession to meet the views of hon. Members in the Committee stage, and that concession having been accepted, it was now proposed to upset the arrangement and to introduce quite a different principle. He did not think it was to the advantage of the workman that there should be this maximum established, nor would it be fair to the workman. If they took a case of permanent injury an, t incapacity, such payment as would he included in a payment of 365 weeks might be a very insufficient compensation. It was said that this change was necessary in order that the insurance might he effective. That was an argument advanced with reference to commutation, and it had some weight with the Government, but it was one which could not be advanced in regard to the present Amendment. In the first place, insurance offices had plenty of definiteness in their arrangements. They only wanted to know what the average was, and in this case there was ample means at the disposal of the insurance offices to enable them to say how many accidents involving permanent and total incapacity were likely to come forward for compensation. They would be able to make an exact calculation front the returns in the different trades, such as was afforded, for example, by the returns of the miners' relief societies. That was one reason, and the second reason was, if it was insufficient they always had the opportunity, if an accident was going on for an indefinite time, of coming forward under the commutation clause. He thought the Government had gone quite as far as they could be expected to go.
said that as the right hon. Gentleman had explained it, the employer would have the opportunity to go forward and commute, but as he read the words, lie would have no opportunity at all of doing so unless the arbitrator agreed to let him have it. [Mr. CHAMBERLAIN: "Hear, hear!"] Then it was not a commutation clause absolutely but only potentially and what his hon. Friend proposed was that there should be an absolute limit and that limit, in his opinion, was a generous one. As the words stood, the weekly payment might go on for an indefinite period, only to be increased by the life of the persons injured.
thought that the Colonial Secretary hardly appreciated what was intended to he guarded against by the Amendment. Why should they limit the liability in the case of the rich employer who was aide to commute and leave it unlimited in the case of the poorer employer who could not afford to commute because lie could not afford the expense of commutation? They might have an employer by no means a rich man, very little richer than his workman. The workman might be permanently injured by some stranger over whose acts the employer had no control at all. What was the result? A man, equally poor, who had a wife and children dependent upon hint, had to provide during the whole lifetime of another under the terms of this Bill. He said without any hesitation that that, as a matter of principle, was not right. The small employer would not be able to insure at all, because the expense of keeping a small account would be greater than any benefit the insurance company would be able to derive from it; and it was exactly in the case of the small employer that it was specially hard there should be no limit of liability at all.
hoped there would be some definite assurance from the Government, because the words as they stood had raised a great deal of doubt in the minds of employers in various industries. It was important that the House should be invited to consider the limitation of 365 weeks from the point of view submitted by tile hon. and learned Member for Stroud; especially in the interests of the small employer, who would he by far the most injured by the provisions of this Bill, it should be made perfectly clear that the liability in respect of an accident was only to run for seven years and no longer.
said that there was only one conclusion to be drawn from the argument which had been addressed to the House, that whatever was done with this Amendment the Bill could not he made to operate fairly and justly unless it was accompanied by State insurance. The only employments that were exempt from difficulty on that account were the large ones, employing a large number of persons entitling them to become their own insurers. But if they took an employment liable to some sudden catastrophe, or a small employer without capital, it was manifest that in these cases the employers would very often be left in a very unfair position.
Does the Colonial Secretary mean to insert the words "be ordered to" when we come to section 12?
No, those words are not to be moved.
Amendment, by leave, withdrawn.
*SIR A. HICKMAN moved at the end of Sub-section ( b), to insert the following proviso:—
"The workman shall produce, when so required, to the employer a certificate, from a duly qualified medical practitioner appointed and paid by the employer for that purpose, that his incapacity for work occasioned by the accident continues; and, in the event of such certificate being refused, he shall be entitled to appeal to the arbitrator."
He said that these requirements were found to be necessary by universal experience. In arrangements between workmen and employers it was always customary, and in Mutual Benefit Societies and Friendly Societies rules existed towards this end. He quoted from the rules of the Oddfellows, the Free Foresters, and the Free Gardeners, showing that a certificate should not only be produced, but that the person disabled should be visited every week by one of the officers. The rules of those societies had been made by the men for their own government, and had been in operation for many years; if they had been found to be irksome no one could doubt that they would have been modified long ago. A workman's certificate could be produced by the man's wife or child, and it might be taken for granted that the employer would not insist unnecessarily upon the production of a certificate, because every certificate was to be provided at his expense. Without some such provision as this the Bill would be absolutely unworkable. He had supported the Bill from the beginning, and he had not advocated any change which would in any degree lessen the advantages to be received by
the men. In making this proposal he was doing it in the interests of the smooth working of the Bill. He was willing to accept anything which should provide that a workman should go to a surgery to be examined.
said there was nothing unreasonable in the hon. Baronet's asking for some form of words to carry out the object of the Amendment he had put on the Paper. There was nothing at all in the Bill by way of precaution against malingering. He was not prepared to say that workmen were greater malingerers than anybody else; lie should say that Members of Parliament under similar circumstances would be as great malingerers as workmen. [Laughter.] But it was a precaution that was found to be necessary in the case of every fund where benefits during incapacity were given. He held in his hand the rules of the Miners' Permanent Relief Fund, a great relief fund in connection with the miners of Durham and Northumberland. That fund, though contributed to by the employers, was altogether managed by the men, and the rules specially provided for the renewal of the medical certificate every fortnight if deemed necessary by the local committee. He was not tied to any particular form of words—he had an Amendment down on the Paper which provided for the same thing as the hon. Baronet's; but lie thought everybody would agree that it was perfectly reasonable that there should be some precaution of this kind to insure that the compensation should not be continued when the workman was not really any longer incapable of working. ["Hear, hear!"]
said he should not have taken part in this discussion had it not been for a few of the speeches they had heard that afternoon on the necessity of employers providing for workmen. They had about 100,000 men in the district of Wales which he had the honour to represent, and they paid for their own doctor. They had agreed on a principle, and the representatives of the Welsh miners were not afraid of their men being so dishonest as was represented by some hon. Members on both sides of the House. [An hon. MEMBER: "Nothing has been said about dishonesty!"] The men he represented were not opposed to certificates required for a reasonable time—they were not in the least afraid of such a provision, because they themselves required those certificates from their fellow men. But where hon. Members missed the point was here—these societies provided their own medical officers, and it was by the medical officers which the society provided that the men were examined. The proposal now made was that the employer who had not provided the workmen with any medical assistance, should be allowed to provide them with a medical detective. ["Hear, hear!"] If the right hon. Gentleman would say that the medical officer should be an impartial man provided by the State, they would agree to it at once—["Hear, hear!"]—but to allow the employer to provide a medical detective was most unreasonable.
said he perceived that the Home Secretary had an Amendment down which indicated that the Secretary of State should provide medical practitioners for this purpose. He suggested that the Amendment should be withdrawn, because there was serious objection on the part of the men to the appointment of the examining doctor by the employer. Much had been said about malingering; but doctors could malinger as well as workmen. ["Hear, hear!"]
said he had listened carefully to what had been said by hon. Members on both sides about the Amendment, which was not necessarily a controversial one. ["Hear, hear!"] He said it was admitted by both sides that something of the kind suggested should be provided for; the only question was how they sly mid proceed. It was admitted that all these relief associations found it necessary to require frequent examinations of the workmen who were claiming compensation. Therefore, it might be fairly claimed that when the employer paid compensation in place of the association, he should have exactly the same right as the association now had, and that he also should he entitled to have frequent examination if he thought fit to demand it. He did not mean to say that lie liked the exact form of the Amendment, but as he understood the proposal it was that if the employer thought necessary he should at his own expense appoint a doctor who should examine the injured person from time to time. Suppose, however, that upon the report of this doctor the employer alleged that the man was malingering, or was no longer incapacitated, the report of that doctor did not count for anything; it did not lead to the withdrawal of compensation until the report of the employer's doctor had been confirmed by the arbitrator, who might call in what he might call the State doctor; and the result of that was that the State doctor would only be called upon in a case in which there was a dispute between the doctor employed by the employer and the workman. It would be very undesirable, in his opinion, that the State doctor should be called in upon every possible occasion. It was a little too much to ask, as he understood the bin. Member to ask, that the State doctor should be called in to act as the weekly examiner of every incapacitated workman at the demand of the employer. If that were done, instead of there being one State doctor, or even more, in a district, they would want to employ all t lie doctors in the district for the purpose. And it would be absolutely unnecessary, because he ventured to say that although a clause of this kind might give power to the employer to demand such an examination, there would be many cases in which he would not think of demanding it. ["Hear, hear!] As the employer would have to pay for the examination, it was quite certain that he would never employ a doctor unless he thought there was reasonable cause to suppose that the workman was no longer incapacitated. Therefore on the whole the object of his hon. Friend's Amendment appeared to he a reasonable one; and the only question lie should ask would be—was it so drawn that the demand might be used to the unnecessary annoyance of the workman? ["Hear, hear!"] If so, let them try to prevent that. He found that in the Amendment it was S proposed that the workman should, if required, produce to Ids employer a medical certificate. Now he was going to test the matter by an extreme case. He was assuming an employer who wanted to make a bad use of this provision. In that case he might require the workman—as a mere matter of annoy-once, and in the hope that the workman might be tired out—to produce a certificate every week; and that meant that a man who was more or less incapacitated would have to attend somewhere or another once a week to obtain this certificate. Now that appeared to him to be going farther than was necessary—["hear, hear?"]—and he should have thought that the proposal of the hon. Member for St. Helens would be found to be better, because all lie required was that the workman should from time to time, if required by the employer, submit himself for examination. He had not got to produce a certificate necessarily, he had from time to time, when required, to submit himself to a medical practitioner, and if he refused (as he was going to suggest) without due reason to submit himself to examination, then the compensation payable would be suspended until he complied. He thought, however, that even if the Government accepted the Amendment of the hon. Member for St. Helens, he would probably not object to give an appeal to the arbitrator if the workmen objected altogether to the examination; and he thought, if they inserted words to that effect, it would get rid of any possibility of a provision of this kind being used by the employer to harass the workmen—because if the workman thought it was evidently unnecessary and absurd that he should be called upon to submit to examination under the particular circumstances of the case, he would put the case before the arbitrator, and the employer would be at once told that he was not to make the requisition. ["Hear, hear!"] On the whole, then, he thought that the object could be accomplished, and that they ought to accomplish it, and as at present advised lie thought it best to accept with a slight amendment the Amendment of the hon. Member for St. Helens.
said if the right hon. Gentleman could produce a scheme to carry out this to the full, every Member representing workmen would accept it. ["Hear, hear!"] All the Trade Unions had the strictest possible regulations; and in addition, in many Unions they had visiting members whose duty it was to keep an eye on the sick member to see that he was doing his best to get well as soon as possible. The only doubt they had with regard to this Amendment was this—that instead of employing a doctor who knew the progress of the case and was thoroughly acquainted with it, the employer might select one who had no special responsibility as to the consequences of a too early return to work, and he might even be in reality the doctor of the insurance company in which the employer was insured. ["Hear, hear!"]
Does the hon. Gentleman understand that in the case he names, the report of the employer's doctor could not have any effective result? All it would do would be to inform the employer, who would have to take certain steps if he wished to withdraw the compensation. It would be a double process. The right hon. Gentleman hoped that his hon. friend (Sir A. Hickman) would withdraw his Amendment, and suggested that the exact form of words to be adopted should be considered on the Amendment of the hon. Member for St. Helens.
Amendment, by leave, withdrawn.
*MR. HARRISON (Plymouth) moved to insert at the end of Sub-section (1):—
"(c) Where such injury within twelve calendar months from the occurrence of the accident causing such injury directly causes to the workman the loss by physical separation, whether by accident or surgical operation consequent thereon, of a hand or a foot, or the complete and irrecoverable loss of sight of an eye, a payment for each such loss as aforosaid equal to 50 per cent. of the amount that would have been payable had death resulted from the injury under Seethe, 1 (a), Sub-sections (1), (2), provided the aggregate amount payable in respect of the accident causing such losses to such workman shall not exceed the maximum compensation payable under Section (1) (a), Sub-sections (1) and (2)."
He said the object of the Motion was to insert in this schedule, which in effect constituted the terms and conditions of a statutory policy of insurance between workman and employer, a fixed amount of compensation for the physical loss by accident of a hand or a foot, or the irrecoverable loss of an eye. The Motion proposed 50 per cent. of the amount pay able at death for each such loss, and in no ease exceeding the total maximum payable under the Act. The weekly compensation
was limited by the words Of the Bill to "the duration of incapacity." The duration of incapacity from work in the case of too injury to an eye followed by its loss might, be a few weeks only, and it would be urged that the workman might not be incapacitated, after the actual loss of the eye, from work; lout yet under the Bill he would receive no compensation for such loss unless the Bill was intended as proposed by the Motion. For that reason alone the proposal should be adopted. There was not a single accident policy issued, whether for personal accident, employers' liability, or accidents to workmen, but what contained conditions to the effect of those mentioned in the Motion. Workmen Accident Fluid policies contained similar provisions. Further, the provisions would encourage assurance, as in its absence the offices would charge larger premiums, even if they did not refuse them altogether.
said the Government could not entertain the Amendment without going much further, and entering into minute detail.
Amendment, by leave, withdrawn.
MR. T. W. LEGH (Lancashire, Newton) moved to add at the end of Sub-section (1):—
Every workman directly employed and paid by some person other than the undertaker, as hereinbefore defined, Shull from time to time, when required so to do, furnish full particulars as to the amount of his weekly earning to any employer who may be liable to pay compensation to such workman under the provisions of this Act."
He instanced the ease of a hewer of coal in Lancashire where it was difficult for the employer to know the amount of a man's earnings, and urged that, while the proposal would be slightly to the benefit of the employer, there would be nothing inquisitorial. He believed the Amendment would be a real advantage to both parties.
said that he could not see that this Amendment would be of much advantage to the employer, and it might lie a great annoyance to the workpeople. if the hon. Member could not trust the injured workman to state what his earnings had been, how could he trust him to make this return, winch would probably be perfunctorily filled up, because no one would see the importance of it until the accident had occurred. The employer had the right to go to the arbitrator if he thought the workman had exaggerated the amount of his wages.
Amendment negatived.
SIR MATTHEW WHITE RIDLEY moved, in Sub-section (2), before the word "weekly," to insert the word "average."
Amendment agreed to.
SIR MATTHEW WHITE RIDLEY moved, in the same sub-section, before the word "amount," to insert the word "average."
Amendment agreed to.
*SIR JOICEY moved, at the end of Sub-section (2), after the word "accident," to insert the words—
"and to any payment which he may receive from the employer in respect of his injury, and to the value of any house or fuel with which he lay is, provided by the employer during the incapacity."
He said that this Amendment only affected the Northumberland and Durham districts. It had long been the custom there, when a workman in a mine was incapacitated by an accident, to give him during the period of his incapacity his house-rent, coal, rates and taxes, and compensation known as ''smart-money." This system load worked well and had given satisfaction, both to employers and workmen. To a certain extent the Bill would interfere with the system; and his Amendment provided that the contribution which he had mentioned should be taken into account by the arbitrator in fixing the compensation under the Bill. The supposed wages of the workmen were, say, 26s. a week, and in case of incapacity by accident, the arbitration would be able to award half the wage, or 13s. a week. But the Northumberland and Durham miner would receive, apart from the Bill, rent, coal, rates and taxes, amounting to, say, 5s. a week, and "smart-money" amounting to another 5s. a week. Perhaps it would be contended that the rent, coal, rates and taxes were really a
part of the man's wages; and on that basis the wages would be not 26s. but 31s. per week. Then the arbitrator would be able to award 15s 6d. a week. But the workman would continue to have the benefit of his house and coal; and if he got the "smart-money'' as well he would be receiving 35s. 6d. a week from his employer instead of the 31s. he was supposed to have been earning before the accident. The arbitrator was to take account of the difference between the man's earnings before the accident and what lie was able to earn afterwards; and that very thing being specifically mentioned, the arbitrator would be bound to consider no other circumstance. He hoped, therefore, that the Amendment would be accepted, or some localities would be placed under a great disadvantage.
said that he was very sorry that the hon. Baronet had raised this question. The custom to which he had alluded was peculiar to one part of the country, and it would have been better to leave it out of the discussion. He was glad to hear the hon. Baronet state that house-rent, rates, taxes and coal were part of the men's wages. The statement would no doubt be of use to the miners in their future dealings with the hon. Baronet Putting them, as the hon. Baronet did, as worth 5s. a week, meant 1s. a day on each working day. The average wage of the workmen included in this Bill was a great deal less in the county of Durham than 26s. a week. The hon. Baronet had made a threat that if this Amendment were accepted the miners of Durham and Northumberland might prepare themselves for having their houses and coal taken away, at least when they were injured, and might have the smart money taken from them.
said lie did not mean anything of the kind.
said if that was so, why was this Amendment brought forward? He would like the Government to understand the relations which existed at present. These things had been part of their wages during the whole of his fife, and for a longer time than that, and if these words were inserted into the Bill it would disturb the wage relations of Durham and Northumberland. They had got on peacefully in those counties, but this Amendment would disturb their peaceful relations, and he suggested to the hon. Baronet that it would be wise to withdraw his Amendment.
agreed that it would be desirable if his hon. Friend opposite would not press the Amendment. It had been a matter of controversy not only between political economists, but between practical men as to whether smart money, houses, or fuel were or were not technically part of wages. He gathered that the hon. Baronet did not dispute that.
said that was undoubtedly so, but his point was, were the wages to continue after incapacity?
said that if these things were part of the earnings they would be considered by the arbitrator, but, in any case, he did not think it desirable to insert the words proposed. It would be much better not to complicate the Bill, especially as there appeared to be some doubt attaching to the meaning of the suggested provision, which might have a disastrous effect on the relations between capital and labour in Northumberland and Durham.
said he regretted exceedingly that this Amendment should ever have been put upon the Paper. It would have a tendency to disturb the existing relations between the workmen and their employers. If the Amendment were pressed to a division one effect would be that the workmen, at least in the two counties which had been mentioned, would demand an immediate advance of wages equivalent to the value of their house and coal, and if it was taken on the estimate which the employers themselves had been pleased to put upon the value of these allowances, he thought the workmen would have the best of the bargain.
said this did not affect only the miners of Durham and Northumberland but of Lancashire and Yorkshire also. If the matter was pressed it would simply lead to a strike.
Amendment negatived.
SIR MATTHEW WHITE RIDLEY moved to omit Sub-Section (3).
Amendment agreed to.
SIR MATTHEW WHITE RILDEY moved to insert in Sub-Section (4) after the words "if he has no legal personal representative, to" the words "or for the benefit of."
Amendment agreed to.
THE ATTORNEY GENERAL moved to add at the end of Sub-Section (4) the words—
"and if made to the legal personal representative, shall be paid by him to or for the benefit of the dependent or other person entitled thereto under this Act."
Amendment agreed to.
SIR MATTHEW WHITE RILDEY moved to omit the first part of Section (5), from the beginning down to "prior to his death; and."
Amendment agreed to.
On the Motion of Sir MATTHEW WHITE RIDLEY the following Amendments to Clause 1 were agreed to:—
In Sub-section (6) after the word "compensation," insert the words "to a dependant."
Leave out the words "his benefit," and insert the words "the benefit of the person entitled thereto."
Leave out the word "directed," and insert the words "agreed, or as ordered."
In Sub-section (7) after the word "sum," insert the words "which is agreed or is."
Leave out the words "be ordered to."
In Sub-section (8) leave out the words "so ordered to be," and insert the words "to be so."
After the words "may be," insert the words:—
"invested in the purchase of an annuity from the National Debt Commissioners through the Post Office Savings Bank, or be."
In Sub-section (9) after the word "judge," insert the words "of the county court."
*SIR F. POWELL (Wigan) moved at the end of Sub-section (10) to insert:—
"If the incapacity of the workman is continued or aggravated by excess or misconduct on his part, the arbitrator shall have power to diminish or end the payment."
He remarked that this was in accordance with the rules of the Northumberland and Durham, and the Lancashire and Cheshire Miners' Permanent Relief Societies. The German law was much more severe. The intention was to secure regularity of life on the part of persons in receipt of compensation, and to secure that there should not be waste of money arising from the workman's misconduct.
said the words the hon. Baronet wished to insert were unnecessary and might be dangerous.
said the object of the Amendment was already provided for in the Bill.
Amendment, by leave, withdrawn.
On the return of Mr. SPEAKER, after the usual interval,
MR. SETON-KARR moved to add at the end of Sub-section (10):—
"Any workman claiming compensation under this Act shall, if so required by the employer, from time to time submit himself for examination by a duly qualified medical practitioner provided and paid for by the employer. If the workman refuses to submit himself to such examination, or otherwise obstructs the same, his right to such weekly payments shall be suspended until such examination has taken place."
, on behalf of the Government, accepted the Amendment with the addition of the words:—
"provided that if the workman objects to such examination he may appeal to the arbitrator, whose decision shall be final."
Amendment, as amended, agreed to.
SIR A. HICKMAN moved in. Subsection (10) to add after the words last inserted:—
"in the case of a workman who is not disabled, lie shall attend at the house or surgery for the purpose of such examination."
He submitted that when an employer had to pay his workmen half wages while the injury lasted, it was a small return that the workman should take the trouble to walk down to the surgery and submit himself to examination. There could be no hardship in it, and indeed it was an arrangement which had subsisted for many years in connection with the Friendly Societies.
really thought that his hon. Friend was carrying this legislation into too much detail. The Government in any case could not accept the words he proposed to add. Look at the number of questions that would arise if the words were made part of the statute. They would first of all have to decide whether he was disabled or not, and that was a question they would have to go to arbitration about. It would be a separate arbitration as to whether he was in a state in which he could move to the surgery or whether he was to be visited in his own house. Then there would be the difficulty that they would have to find out where the num was in order to inform him of the address of the surgeon on whom he was expected to call. Surely, too, the surgeon's residence must be at a reasonable distance from Hit, workman; otherwise it would be a harassing demand. It was much better to leave all this to the common sense of both workmen and employers. In the ordinary case the workman would not object to an arrangement to which lie was accustomed in his own friendly society.
Amendment, by leave, withdrawn.
said he had some difficulty in following the argument that when application was made by a workman or an employer for commutation of liability the arbitrator would have the right in his discretion to refuse power to commute. He was advised this was not so under the provisions of this subsection, that the workman's employer could apply to the arbitrator to fix the sum to settle his liability, and the workman, if he did not desire to take such lump sum, would have no power to object to commutation on the employer's application, the only question would lie the amount of the sum to be paid. In many cases it would be a decided advantage to the workman to receive the large sum, but, as the House might conceive, there were circumstances in which the workman would not desire that, and where it would not be to his advantage to take the lump sum, and in such a case the workman should have the right to have his case heard before an impartial arbitrator. On the other hand, lie could understand that an application from a workman to have the account settled by a lump sum might he opposed to the wish of the employer, and there again the objector should have the right to show cause why the arbitrator should refuse the application. The commutation should proceed upon a mutual application, but as he was advised the application was not to be mutual, but if made on behalf of the workman or on behalf of the employer, the arbitrator had no alternative but to grant the application and proceed to settle the sum to be paid on settlement of the account. To meet his view lie moved to strike out Sub-section (12).
could quite understand the feeling of the hon. Member from his point of view, but lie reminded the hon. Member that in Committee this sub-section was adopted as a compromise after considerable discussion, and, as such, accepted on both sides. ["No!"] He quite agreed there was difference of opinion, but it was the sense of a large number of Members. The hon. Gentleman was, he thought, rightly advised that as the clause stood the discretion of the arbitrator was as to the amount, and this was the ordinary and natural meaning to he attached to the words, "the arbitrator may on the application of one party or the other," anti that, he thought, was the general sense of those who supported the Amendmene in Committee, and he did not think the House should go back on the decision of the Committee.
said the hon. and learned Gentleman had clearly stated what had happened. Neither he or his hon. Friend objected to the principle of commutation in itself, but they objected to its being forced upon the workman, the object they had in view was that employer and workman, having agreed, should apply to the arbitrator to have the amount settled. There were cases where commutation might be a benefit to the workman and not acceptable to the employer, but as the sub-section was drawn the workman would have the right to receive a lump sum on making application to the arbitrator. That would not be fair to the employer, for lie might think the man was near the point when he might start work, that the state of his health permitted this and so there would be no need for commutation. If the thing could be arranged on lines of mutuality, if the parties agreed to commutation and arranged the amount between themselves or on the decision of the arbitrator that would meet the desired end. Much had been said about the permanent relief funds throughout the country, and experience on this point was certainly in favour of mutuality in application. If a man received 8s. a week from the Relief Fund and desired to have the weekly sum commuted into a lump sum he submitted his proposal, and if it was approved then arrangements were made as to the amount that should be paid. Tim Government should understand that as far as commuting was concerned they were not opposed to it, but simply they objected to it being competent for the employer or the workman to go to the arbitrator and say, "I want this sum commuted between the two extremes." It might be unfair to the workman who might be permanently injured. He knew of a man who line been disabled for twenty-five years and was yet living but unable to work. It would be an absolute injustice to allow an employer to say "I will commute the payments for which I am liable in thin case for a lump sum that may be lese than the payments over six years." If there were no maximum fixed the arbitrator might take into his cognisance and consideration the probability of the man being ill for more than six years. It was with the view of making provision for such a case the omission of the sub-section was moved, but if the Government would suggest the insertion of any words giving the sub-section the character desired the Motion would not be persisted in.
agreed with his hon. Friends, but the question before the House now was the retention or rejection of the sub-section, though an alternative might be offered in the direction suggested. Considering how fully this subject was discussed in Committee, it was undesirable to re-argue the subject at length now. A Division might he taken to test the opinion of the House, though, for his own part he did not advise that course. Possibly the Government might see their way to give these applications a mutual character in the sense advocated by his hon. Friends.
said the Government did not want to have a Division on this question if it could be avoided. The position was this. It was perfectly, true that, speaking as a layman, and therefore ignorantly, he was under the impression that "may" meant "may," and left a certain amount of discretion with the arbitrator to refuse the application, but lie gathered from what the Attorney General had said that that was not the case, and that practically the arbitrator would have no discretion to refuse when the application was made to him by either party. So far, he admitted, he was mistaken in his interpretation of the section. But then the Government came under a pledge, or an assurance, not to disturb the arrangement arrived at. It was discussed at some length, and, on the whole, must be regarded as a compromise, and they could not attempt to deal with any possible case that might be imagined to arise. But, at the same time—and it must not be taken as committing the Government to anything more—he was quite ready to pledge himself to give this subject his personal consideration, with a view to seeing if it could be met by Amendment inserted in another place. He did not give any pledge that any alteration should be made.
having expressed satisfaction with the statement of the right hon. Gentleman,
Amendment, by leave, withdrawn.
MR. REGINALD MCKENNA (Monmouth, N.) moved an Amendment providing that where any weekly payment, had been continued for not less than twelve months "and the injured workman is not wholly incapacitated for work," the liability may be redeemed by payment of a lump sum. With reference to the assurance which the Colonial Secretary had just given, he asked the right hon. Gentleman whether this form of words was not exactly the kind of concession which he might reasonably make to Members on the Opposition side. The effect of the words would be to assure to every workman who was totally incapacitated for every kind of work, so, long as the incapacity lasted, a weekly pension. A lump sum for such a man was perfectly useless. In these exceptional eases an immense hardship would be inflicted on injured workmen if they were not provided with a. weekly payment instead of a lump sum.
thought that from the workman's point of view this Amendment would be inadvisable. If this Amendment, were adopted, how-every much the injured workman might wish to obtain, £200 wherewith to set up his wife in business, the arbitrator would be absolutely debarred from hearing the application.
said he felt strongly on this point, and he, did not think that the answer of the Attorney General met the necessities of the case. This matter was dealt with here as though it was a, new subject; but it, had been already thrashed out in every country in the world, and it had been settled in the way here suggested. Monstrous injustice would be done, and frightful hardships would ensue if the matter was not settled in the way suggested by the Amendment. He knew that there was a desire to hurry the Bill through that evening, but the more it was hoped that this Bill would be extended and applied to other trades; the more the House ought now to settle these questions in the way indicated.
said there was no desire to hurry this Bill through, if by so doing they would commit what the right hon. Gentleman called a monstrous injustice and a frightful hardship. He called that a monstrous misuse of language, and a frightful abuse of invective. [Laughter.] What was this monstrous abuse? The Government were going to give the injured workman compensation which he had never received before. It was true that that compensation might not be in a. particular and very exceptional case as much as they should like to see it; but whatever it was it was all in addition to what he had now. The House was not dealing hero with absolute rights; it was dealing with questions of expediency and humanity; and the Government thought on both grounds it was desirable to give injured persons compensation to which they had no legal right or moral right at present. The House had made a great advance in reference to this particular point which had been fully discussed in. Committee. A compromise was arrived at which, on the whole, was fairly satisfactory, and it was not possible now to review the whole matter, because if it was to be reviewed from one point of view it must be reviewed from the other as well. The Government must, therefore, resist any changes in the clause.
Amendment, by leave, withdrawn.
Amendments made: In Sub-section (12), after the word "application," insert the words "by or on behalf."
After the word "settled," insert "in default of agreement."—( Sir Matthew White Ridley.)
MR. E. H. PICKERSGILL (Bethnal Green, S.W.) moved in Sub-section (12) to omit the words—
"but not exceeding three hundred and twelve times the weekly payment payable at the data of the application."
Personally ho was opposed to commutation, especially to unfair and unequal commutation. The words he proposed to omit were inconsistent with the idea of commutation. A man incapacitated for work might live for many years, and if he was only to receive six years' allowance they were practically depriving him of a very great part of that compensation which by the previous position of the Bill the House had declared to be due to him. The arbitrator should be left to fix the amount without any limit, to decide in each case what should be the fair capital value of the allowance. This proviso was entirely in the interests of the employer. If they had a maximum limit surely they ought to have a minimum limit; but there was no minimum limit in this Bill. He objected to the proviso as unfair, as unilateral, and as drawn entirely in the interests of the employer, because there was no corresponding limit which might operate in the interests of the workmen. The proviso would operate most harshly in the very cases which
appealed most strongly to their sympathies, and which had, he thought, the greatest claim—the case that was, where a man's life was completely wrecked and where he would never again be capable of any work at all. In the case of that man, what an absurd thing it would be to give a sum which would not produce anything like the equivalent of the allowance which in a previous part of the Bill they declared to be suitable in such a case. If these words were allowed to remain the result would inevitably he that at the end of seven years a man would be left absolutely without resources.
said the hon. and learned Gentleman had raised again a question that hail been discussed many times that evening and many times previously. It was perfectly true that, in one sense, this deprived the workman of what he might call in an exceptional case, the full value of the weekly payments for his life. But to say that it was unilateral seemed to him to disregard the terms of the clause. The majority of the House had decided that commutation was desirable, and it was pointed out in the course of the discussion that unless there was some limit insurance would be more difficult, and that it was very much to the interest of the workman that he should be able to get his commutation at once, and know how much it was going to be. While a great boon was given to the workman, far more than had ever been proposed by any other system of legislation in connection with this subject of compensation for accidents, it was felt it was quite right to have a limit. It would be quite impossible to take an exceptional case of weekly payments and say there should he no limit. The result of accepting the hon. and learned Member's suggestion would be to leave the amount of commutation wholly at large, and to deprive one side to this compromise of whatever justice or advantage they might think had been given to them by the compromise having been accepted in this form. It was perfectly obvious that the Government could not accept this Amendment, which would be, in his opinion, not to keep faith with, at any rate, one set of the parties by whom this clause was agreed to in the shape it now stood.
asked if the Attorney General would consider the bearing of Clause G of the Bill upon this Amendment. The Government spoke as though all the proposals which were being made to the House by these words were proposals to give the workmen something which they had never had before. He ventured to say that the calculations lie had seen showed that five-sixths of what the Government workmen got now would be taken away from them. If they looked at Clause 6 they would find that the Treasury took power to modify the warrants made under tile Superannuation Act. Under these warrants at the present time, he ventured to assert, the men, in sonic cases, would get five or six times as much as under the commutation proposals of the Bill.
said it had been made clear by the hon. Member for Bethnal Green that if this maximum sum were left in, the workman might be left without assistance in the most dire and necessitous hour, and when he most required such help as this Bill might give him. There were a number of workmen who would be injured but who owing to their provident habits, had saved some little capital, would not feel very much the need of this Bill in the first year they were out; but after they had been out a year, there came up an arbitration case and there was a sum fixed which these men must take as commutation. Then there came an hour when he needed support most, and when, his own capital having gone, he found the support of this Bill refused to him. If the Government desired to make this Bill all round as acceptable as it was when it was brought in, they would remove the limit, and invest the arbitrator with a discretion to give such a sum as he thought would meet the necessities of the case. He thought that the Attorney General ought to tell them why the Government had fixed this arbitrary period of six years, arid by what mode of reasoning they had arrived at this sum.
was anxious to say a word in the interests of the working man. It was to the interest of the workman to know that an employer had some wool on his back, and the only way to assure that was to enable the employer to insure against the burdens of this Bill. He had taken pains to inquire from the insurance company with whom he had insured since 1880 as to whether they would, without a clause of this sort, give an assurance against the burdens of this Bill, and he was informed that there would be so much uncertainty as to the consequences of the Act that they would absolutely decline to give that assurance unless this limit was introduced.
would submit to the Attorney General a direct case—that of a lad earning 10s. a week, who was injured by the careless act of an employer or some person for whose actions the employer was responsible. In such a case as that, the lad, after this Bill became law, could not proceed under the Employers' Liability Act. His remedy would be solely under this Bill, and his remedy under this clause would amount to three and a half years' wages. That was to say that a lad who was injured and totally incapacitated for life from doing any work whatever, would receive under this Bill the maximum compensation of £91. If this Bill did not pass into law, such a lad would be entitled to go before a jury and to receive an amount of compensation which he submitted would be vastly more than such a sum as £91. The House by this paragraph in the schedule, and by a sub-clause of Clause 1, would be actually taking away from the workman a remedy he already possessed, and would be limiting the rights of a man who was totally incapacitated to the paltry sum—in the case he had named—of £91.
said he did not understand that the House was taking away any man's common-law rights.
Yes, it is.
did not understand anything of the kind. He did not believe any jury would ever give such sums as the compensation that would be obtained under the present Bill, which went transcendently beyond anything contained in the pedantic proposals previously laid before the House for the solution of the employer's liability question.
said they had been led to believe that under this Bill the workman was to receive something he never could receive before. ["Hear, hear!"] It was perfectly true also that some of the things the workman was entitled to before would be taken away. This Bill, they were told, was an experimental Bill. Certainly, the House must allow that the Government must have well thought out this matter before they made their original proposals. But since then it appeared to him that strong influences had made them change considerably their original views. Allow him to remind the House that he was one of the supporters of the Bill, and he was one of the men who were grateful for it. He was entitled, therefore, to say this, that they were justified in looking to the Government to fulfil their first intentions. ["Hear hear!"] Now if this Amendment was to be rejected, the permanency of the Bill was totally done away with, it would be a temporary relief Bill. The rejection of the Amendment would place hundreds of workmen in tins position, that although they might be permanently injured not one of them would be entitled to a permanent compensation. Permanent compensation would be limited in some of the most extreme cases, and where the money was most needed. ["Hear, hear!"] He was sorry that after the Government had gone so far, and raised the expectations of the workmen as they, had done, they should do anything to disappoint those expectations. They had laid down a new foundation, as it were, in the legislation of this country, and he was sorry they did not adhere to it. It was comforting, indeed, that the compromise they were asked to make was not a compromise in which he and those whom he represented had any part. It was a compromise between the Government and some other people who were not representing the workmen of this country—a compromise that was helping to dwindle away the rights which thousands of workmen were led to expect after the promises made by Government when laying down the lines of the Bill. He did not suppose they had now any hope of carrying the Amendment; but the Government would pardon him for saying that their credit with the British nation would stand much better if they had stood to their original Bill and kept to the principle of permanent compensation instead of allowing it to be dwindled away into a temporary relief Bill.
said he did not at all Wonder that cases of permanent disability raised the acute sympathy of the hon. Member for Rhondda. But after all they must look at the matter from both sides—from the side of the man who was hurt and from that of the man who had got to pay. If injury came to a man through the personal negligence or culpability of the employer, then of course the rights of the man were not limited at all by the section, for lie still had every right which a jury at common law would give him. The cases they were dealing with were those in which the accident had happened in the course of work, with no personal fault, of the employer at all. Surely in such cases it was an. entirely unreasonable penalty to put on the employer such a liability as, for instance, in the melancholy case quoted by the hon. Member for Durham When he spoke of a man who had been permanently incapacitated for 25 years. Surely to put on the employer the liability to pay half-wages for 25 years to a man who had the misfortune to be hurt by no kind of fault on the part of an. employer was going entirely beyond the bounds of justice. They were giving in such cases a very great advantage to the workman. They were giving him in cases where at present lie got nothing at all, at least 3½ years' half-pay, surely that was ample under the circumstances.
fully agreed that in this Bill the Government were giving the working men advantages they never enjoyed before. But, after all, that was not the point at issue. The point was, as it seemed to hint, that the restriction put upon commutation was distinctly against the idea of the Bill from the first so far as he ball understood it. The idea of the Bill had been that a man who had been injured in his employment was to be adequately compensated for that accident. In the original scheme of the Government there was no clause like this at all. There was no question of the commutation of the payment to a mall but as had been already stated, this was arrived at by some kind of compromise—he did not exactly know between whom, but there was a compromise that there should be the possibility of paying down the compensation in a lump sum rather than by continuous weekly payments. But he ventured to say that there was no compromise on the question of a limit to the commutation. As far as he could understand, that limit had been put in without any adequate reason, and certainly without any fair explanation to the House as to why it was fixed at 312 weeks. ["Hear, hear!"] He felt strongly that to limit the commutation in tins way would he a real injustice to the men. Take the case of a man who by au accident had been rendered blind. He would never be able to work any more so as to earn his living. He asked any reasonable man, would it be fair compensation to that poor blind man if he got seven years' compensation? What was to happen to him at the end of seven years, except to fall back on the rates and perhaps to go into a workhouse. If there was to be any limitation at all, six years after one year of weekly payments was far too small. But he felt that it was wrong to set up any limitation of this sort. They had established a court of arbitration—let them have confidence in the arbitrator. The working men had already expressed their willingness to trust to arbitration, and he begged the Government not to disfigure their Bill which offered such a great boon to workmen, by continuing the words whose rejection had been moved.
understood that the Government I had justified this provision, because they were giving something that was quite new to the working men of this country. Well, that nit doubt was perfectly true as regarded workpeople outside their own employment. [An HON. MEMBER: "Not all!"] Not all probably, but most. But he wanted to know how the Government proposed to apply this to their own workpeople. Under the sixth clause Crown employés were entitled to the benefit of the Bill. At the same time there was a reference in the clause to the fact that there existed a warrant under which Government employés were entitled in the event of permanent disablement to a certain amount of compensation. He would endeavour to point out what the effect of this sub-section would be if applied to men in the permanent employment of the Admiralty or the War Department.
I suppose the hon. Member assumes that there will be no scheme for men under the Government?
said he assumed nothing. He should be glad to be told what the scheme was; but he was entitled to look at the case in the absence of a scheme and see how it would apply. Under the warrant, a Crown workman, if permanently incapacitated, became entitled to two-fifths of his weekly wages. If Government employs were still going to be treated on that basis he had not much to say. ["Hear, hear!] But this was the occasion to ask for an assurance. He only knew this—that if the Government took advantage of this provision the workmen in their employment would fare very badly in future as compared with the present. The Attorney General seemed to think the case was hardly capable of being discussed at all. Here was the warrant, and here was the provision the Government were making for the workmen of other people. Now what would happen if Government employés were treated in the same way as those in private employment? A Government employé in receipt of £1 a week would get now, if totally disabled, a pension of 8s. a week, but under the Bill he would get a capital sum of £156, which, if invested at 3 per cent., would only bring him in 1s. 9d. a week. In his constituency the Admiralty employed about 22,000, and therefore he was anxious to know whether the Government proposed to make any modification in the warrant.
Question!
said that to him and his constituents this was a most important question. What he asked was, "Did the Government intend to modify the warrant so far as regarded their own employés, or was the warrant to stand good?"
said that the hon. Member for Devonport, in common with many other hon. Gentlemen, seemed to imagine that this Bill was intended to provide for every workman large sums of money which he might invest in Consols and live happily for the rest of his life. [A laugh.] The Bill did not offer to the workman anything as an act of justice, but it offered him something on the ground of pure generosity. [Cries of "No, no!" and cheers.] Yes; the accident might have arisen through an earthquake, and still the employer was liable. In a case like that, where the accident fell equally on the employer and employed, justice demanded that the workmen should bear half the loss. But justice was put aside, and it was now a case of generosity. The Government felt, however, that there must be a limit to the generosity, especially as in the generosity the money of the employer was used. He imagined no one desired to absolutely ruin the employer and stop all employment. The only way to avoid that was to leave the employer some chance of insuring against the new risks about to be put upon him, and the only possibility of doing that was to put some check upon the amount that the employer had to pay under the Bill. In his opinion the limit of seven years was a very fair one. He was surprised hon. Gentlemen opposite complained. He was especially surprised that the representatives of dockyard constituencies should complain. The cannibals in the dockyards never ceased their whimpering. They had been treated by successive Governments with the utmost generosity; they were not entitled to a farthing more than they had got, and he hoped to goodness this Government would not give them another farthing. [Laughter and cheers.]
said it seemed to him that his right hon. Friend the Member for the Forest of Dean was quite right when he pointed out that the particular words which it was now proposed to omit had an effect upon Clause 6 as amended in Committee. He gathered from the gestures of the Attorney General while the hon. Member for Devonport was speaking, that it was not intended to diminish any of the advantages which workmen employed by the Government now had. If the Attorney General would give an assurance in words as well as in gestures it would be on record, and, he believed, the scruples of the hon. Member for Devonport would be satisfied.
said he could only speak with the indulgence of the House. He certainly did think that the observations of the hon. Member for Devonport were scarcely germane, but he had certainly no hesitation in answering the question. It had already been before him as a Law Officer of the Crown whether or not the warrant to which the hon. Member for Devonport had referred would be a scheme under the Act. There was not the slightest intention to deprive Government workmen of a single sixpence, on the contrary, the intention was to turn the warrant into a scheme under the Act so that its advantages would be secured to those employés.
said the statement of the hon. Member for Devonport was that Government servants were now entitled to much more than the Bill would give them. The assurance he asked for was that nothing would be taken from them.
I cannot say more than I have said.
pointed out that the six years' limit might be fair in the majority of cases, but it was admitted by the terms of the clause that it would not be universally fair, that there might be cases in which the purchase value of six years would be inequitable, and, therefore, the clause proposed that the arbitrator should be empowered to revise the limit. But he was only able to revise it to the detriment of the workman. [Opposition cheers]. He was to have unlimited power to cut down the period from 312 payments to ten and give a merely nominal sum, a peppercorn compensation, for the injuries a workman had received. It required some ingenuity to conceive a case in which it would be fair to give a workman less than six years' present money value of his annuity. It was perfectly clear that in 99 eases out of 100, a workman must be a loser from a pecuniary point of view, though they might be the gainers in other ways under the clause. It would be only in the case of very old men that the annuity would not be worth more than six years money value. In this connection he thought the arbitrator should have wider discretion to deal with special cases of hardship. It was obvious that there were cases in which six years' compensation would be admitted theoretically by everybody in that House to be too low. Take the case of a youth of 14 or 15. His injuries might unfit him for the rest of his life, and yet the utmost the arbitrator could give him was £39. There were bound to be cases of this kind, where the loss would be far greater than it would be to a man of mature age. Apart from this clause the youth was to receive compensation on the basis of the wages he was earning. It might be difficult to remove this inequality, but it was not impossible to prevent the further inequality that the annuity of a youth would be commuted on the same basis of years' purchase as a man of 60 or 70. In any case the employer must be a gainer by a limit being placed on the discretion of the arbitrator.
The House divided:—Ayes, 203; Noes, 89.—(Division List, No. 289.)
MR. J. W. WILSON (Worcestershire, N.) moved to omit from Section (12) the words,—
"but not exceeding three hundred and twelve times the weekly payment payable at the date of the application,"
and to insert,—
"such lump sum, together with the weekly payments already made, shall not exceed three hundred and sixty-four times the weekly payment originally fixed."
He pointed out that in many cases the weekly payments would be of more use than a lump sum. This clause gave a distinct advantage to the employer to apply for commutation. He thought it was a pity to offer a premium on commuting, and he would take away the inducement to commute.
pointed out that by Sub-section (11) of the Schedule the amount of the weekly payment might be increased as well as diminished. The Amendment, in their judgment, would go directly against the compromising arrangement, and they could not consent to it.
Amendment, by leave, withdrawn.
SIR MATTHEW WHITE RIDLEY moved to insert, at the end of Subsection (12), the words,—
"and such lump sum may be ordered by the committee or arbitrator to be invested as above-mentioned."
MR. PARKER SMITH moved as an Amendment to the Amendment to insert the words "or otherwise applied" after the word "invested."
said there was no objection to that.
Amendment, as amended, agreed to.
MR. J. WILSON (Falkirk Burghs) moved to add at the end of Sub-section (12) the words,—
"or by the purchase by the employer for the workman of an annuity or annuities certified in writing by the County Court Judge to be of at least equivalent value."
As far as he could see, the Bill only gave power to invest in the Post Office, and he supposed if the money could be lodged there it could also be withdrawn.
said if these words had any meaning it was that the employer was to purchase an annuity which was equivalent to the amount of the weekly payment. Of course that would be commutation.
Amendment negatived.
SIR MATTHEW WHITE RIDLEY moved to omit Sub-section (14).
Amendment agreed to.
Amendment made: To add at the end of the Schedule,—
"where compensation under this Act is assured by a friendly society, and the scheme of such society has been certified under this Act, the provisions of section sixteen and section forty-one of the Friendly Societies Act 1896 shall not apply to such society in respect of such scheme."—(Sir Matthew White Ridley.)
Amendment made: At the end of Subsection (14), to insert, "and the expression 'Registrar of the County Court' means sheriff of the county."—( Mr. Ure.)
Second Schedule
Arbitration
The following provisions shall apply for settling any matter which under this Act is to be settled by arbitration:—
said he proposed to call attention to the legal dangers which awaited the unwary practitioners in the various processes prescribed by the second schedule. In the first place the heading "arbitration" was not merely superfluous but dangerous, and he moved to omit. Lawyers would recognise that some of the processes set forth in the schedule were not correctly described as "arbitration," some being more than arbitration and some being less. The danger was that in cases of disputes settled in an informal manner by a trade committee—no witnesses being examined and no oaths being administered—it might be argued before the Courts that as the settlement did not comply with the ordinary forms of arbitration, it was invalid, and should therefore be set aside. He therefore proposed that the heading "arbitration" should be struck out.
said the word "arbitration" was not operative, but was merely descriptive, and if it should turn out not to properly describe the schedule, it could be changed in another place.
Amendment by leave withdrawn.
MR. WALTON moved to omit the words "by arbitration" front the opening sentence of the schedule:—
"The following provisions shall apply for settling any matter which, under this Act, is to be settled by arbitration."
on the ground that as some of the processes prescribed by the schedule were not accurately described as arbitration, the use of the word "arbitration" was dangerous to the stability of the settlement.
said the Government did not wish to strike out the words. It was, possible that simple procedure might be adopted, but it was necessary that the decision come to should be binding on the workman. If the workman decided to be dealt with by a member of the Committee, and did not demand more formal arbitration, the decision of the member of the Committee would be binding.
rose to support the Amendment, when—
, on a point of order, said the Amendment was contrary to what had already been decided by the House that "the matter shall be settled by arbitration in accordance with the Schedule of the Act."
ruled the Amendment out of order.
Amendments made: Sub-section (1) after "employer," insert "or employers," after "and Ids," insert "or theirs."—( Colonel Denny.)
*SIR C. DILKE moved, in Sub-section (1), after the word "party," to insert the words "within a fortnight from the occurrence of the accident, or at any later time."
said he did not object at all to the spirit of the Amendment, but he suggested that it should read "Unless either party within a fortnight of the occurrence of the accident objects." "And later time" would complicate matters. The Amendment would be more appropriate in a subsequent line of the sub-section.
Amendment, by leave, withdrawn.
*SIR C. DILKE moved to insert, after the word "party," the words "within a fortnight of the occurrence of the accident."
did not quite understand how this would come in.
said that the workman would be allowed a fortnight after the accident in which to object to the Committee.
pointed out that the Bill did not refer to accidents which did not injure a man for more than a fortnight.
suggested the words "within a fortnight or any later time."
said that was practically the Amendment on the Paper. He would ask leave to withdraw this Amendment in order to move the words on the Paper.
Amendment, by leave, withdrawn.
*SIR C. DILKE moved, after the word "party," to insert the words "within a fortnight from the occurrence of the accident, or at any later time."
said he had every desire to meet the right hon. Baronet, but he thought that the words "within a fortnight" were misleading. He thought the best way would be to require notice in writing to be sent to the other party with or on receipt of the claim.
Amendment, by leave, withdrawn.
*SIR C. DILKE moved, in Sub-section (2), after the word "Committee," to insert the words—
"or the committee fail to settle the matter within three months from the occurrence of the accident, or, in case of death, from the time of death."
suggested the substitution of the words "within three months of the date of the claim," for "within three months of the occurrence of the accident."
thought this was a very summary way of taking things out of the hands of the Committee.
Amendment made: In Sub-section (2), to leave out "or Conciliation Board."
Leave out—
"or if in England the Lord Chancellor certifies that, under the circumstances of the particular district, it is not convenient that the County Court Judge should be called upon to act as arbitrator, by a single arbitrator appointed by such County Court Judge,"
and insert—
"of the district in which the accident occurred according to the procedure prescribed by rules of court."
In Sub-section (3) leave out "his representative," and insert "some person on his behalf."—( Attorney General.)
MR. WALTON moved, at the end of Sub-section (3), to insert—
"In any claim under this Act in which the claimant charges that the employer or the person for whom he is responsible has been guilty of personal negligence or of some wilful act causing the injury of which he complains, the County Court Judge may, in his discretion, and shall in all cases, at the request of either party, appoint two assessors to sit with him or with the arbitrator whom he may appoint to determine such claim, or he may, if he thinks proper, in accordance with rules of court to be framed for the purpose, transfer the said claim to be tried by a Judge and special jury of the High Court."
The object of the Amendment, he explained, was first of all to give to persons who were charged with offences under the common law as it now stood, by the procedure of this Act, the same rights which they at present possessed,
and also to provide for greater flexibility and greater efficiency on the part of the tribunal which this legislation constituted. As the Bill stood the workman had his option in the case in which he charged personal negligence. He might proceed by action at common law or by claim under this Act. If he proceeded by action at common law the employer who was charged with personal negligence, or the manager of his undertaking who had a similar charge against him, had access to trial by jury or by a Judge of the High Court, or a trial before all the supreme tribunals of the country. But if the workman chose to proceed by means of a claim under this Act, although he was charging common law liability, he might force the defendant to trial before a County Court Judge or his nominee. The County Court might know nothing of the subject matter. The investigation might involve intricate inquiry into the system of management of the work, and this gentleman be called upon without any professional assistance to determine a question of very great nicety. To meet that emergency he proposed that it should be the duty of the County Court Judge, at the expense of either party, to appoint assessors, who should have the requisite technical knowledge, to assist him in that investigation. He submitted that no tribunal would be efficient where it consisted of a single individual unacquainted with the subject-matter which the investigation raised. There was another class of cases in which a wilful charge of misconduct or negligence was made against an employer of labour or his principal official, which might be cases of the utmost gravity. It was possible that in such an inquiry the whole professional career of the defendant might be at stake, and tire County Court Judge might properly shrink from undertaking an investigation with such responsibility without the assistance of a jury. He proposed in such a case that the County Court Judge might, if he thought it proper and entirely at his discretion, make arrangements to give the defendant an opportunity of appealing to the opinion of his fellows in accordance with the well recognised institutions of the country. In both these cases some provision should be made to relieve the defendant from
the difficulty in which he was placed under the existing law, either in accordance with the terms of this Amendment or some similar machinery. He begged to move the Amendment.
was sorry to find himself opposed to his hon. and learned Friend, but the only effect of the Amendment would be to enormously and unnecessarily increase the expenses of these cases. If a workman desired to charge the master, it was quite true he could take two proceedings, but if he took proceedings under the Act, he must, of course, abandon the case of personal negligence and wilful misconduct. Therefore it was only in cases in which he wished to allege personal negligence or wilful misconduct that he would take proceedings at law. These proceedings at the present time could be brought either in the County Court or in the High Court subject to the ordinary rules. Why in this Bill, which was to provide for compensation, leaving the remedy at common law where it was, they should go out of their way to make the procedure more complicated and expensive, he could not understand. He could not assent to an Amendment which would have a direct invitation to increased expenses, and render more complicated the procedure in those cases which workmen had to bring against their masters.
Amendment, by leave, withdrawn.
Amendments made: In Sub-section (4) leave out "other Man," and insert "appointed by." In Sub-section (5) leave out the words,—
"subject to a right of appeal in every such case by any party to Her Majesty's Court of Appeal,"
and insert,—
"unless within the time and in accordance with the conditions prescribed by rules of court either party appeals to the Court of Appeal."—(The Attorney General.)
THE ATTORNEY GENERAL moved to leave out Sub-section (6.) He said be had had a great many representations made on behalf of workmen and by County Court Judges of great experience against the insertion of this sub-section, and he was able to supplement what they said by his own personal experience. If a man were not allowed to go to a solicitor, but was driven to consult somebody else, then he would probably fall into the hands of the worst and most grasping set of men whom lie knew in connection with such matters. In his younger, or rather in his earlier days, he had a good deal of experience of such men; clerks who had been struck off the rolls, men who had been dismissed by their employers, and he could say there were no worse cases of robbery of the working classes than had arisen out of the after of such men to get up cases either on commission or for a lump sum, the Court having no control over such men, and no means of checking their costs. More than one County Court Judge had pointed out the better way would be to allow solicitors to appear but to control them in matters of costs by rules of court or other means to see that only moderate costs were charged. If this paragraph were allowed to stand, in the event of any great accident occurring, he feared that the workmen would get into the hands of the lowest class of so-called legal advisers that existed.
said the present proposal was practically the omission of the paragraph, which was put in after a Debate raised by the hon. Member for Northampton, who proposed very much the same as the words now included. The actual words were put in on the Motion of the Secretary for the Colonies with the general assent of the whole of the Committee. He thought that nothing that the Attorney General had said interfered at all with the judgment the Committee had very wisely exercised. He did not believe that the working classes would fall into the hands of such people as had been described except in rare and exceptional cases, and they would gain by the exclusion of the legal profession in proceedings before the arbitrator; it would he a very great gain indeed. The Amendment moved in Committee followed the lines of the procedure in the Registration Courts, and the exclusion of learned counsel from the Registration Courts worked very well indeed.
said there might be exceptional cases and what was wanted was proper advice from a solicitor.
asked were the Government willing to confine their proposal to taking out counsel?
No.
said that the Government wished to go back entirely on the settlement which excluded both solicitors and counsel. The workman should be represented either personally or by his Trades Union secretary, just the representation the working classes had upon inquests out of the evidence at which proceedings in certain cases were decided at the present time. At an inquest a man represented himself, or in the case where he was a member of an organised trade he was admirably represented by the Trades Union secretary, while, on the other hand, the master in large trades was represented by the manager, or mining agent, or sonic person in a similar position. He believed it was the original intention of the Government that these proceedings should not be litigation, but really arbitration on the merits of the case, and he was sure that the working classes would gain more by the original Amendment than they would by the proposal supposed to be made in their interest by the hon. and learned Gentleman.
said it was the Secretary of State for the Colonies who added this paragraph, of winch the Committee very generally approved. The House should save the Attorney General from the extreme pressure to which he might have been subjected by the legal trades union in the interests of lucrative employment.
Nothing of the kind.
said it could easily be understood that they could bring pressure—he did not say they had.
I think it is only right that I should say that no communication has been made to me on behalf of the Bar, and I think my word ought to fie taken when I say that County Court Judges who know the working of cases under the Employers' Liability Act have pointed out this to me. ["Hear, hear!]
assured the Attorney General that he was always ready to accept his word. He only said that one could easily understand that great pressure might have been brought to bear in connection with tins paragraph. This was a considerable concession to the laity in Committee, and it was distinctly understood that if a man wished for a legal representative in his case he could obtain this assistance by leave of the arbitrator. There were thousands of cases in which the representative of a trade union could serve his client as well as the legal profession; and, therefore, he hoped that the Colonial Secretary would stand by the clause.
hoped that the Government would stand by the Amendment. He had a large experience in county courts, and he had seen many cases where the Judge had been helped by the advice given to him by solicitors and counsel. When a Trade Union secretary conducted a case in Court, he very often could not render this assistance, and again and again he had found that Trade Union secretaries were most anxious to employ either solicitor or counsel. In hundreds of cases which would come before the arbitrator or the County Court Judge, the question would simply be the measure of damages, and he was certain that neither employers or workmen would be foolish enough to employ barristers or solicitors for cases of that kind. They would employ solicitors and counsel when there was some real or fancied difficulty in the law. He hoped, therefore, that the Government would adhere to the Amendment.
, on the other hand, hoped that the House would take a different view, and that it would discourage the intervention of the legal profession in these affairs and would leave them to be settled by the intervention of the Trade Union secretary. There was in the House of Commons an enormous legal element, an clement so large as to make it in some respects an unpopular Assembly. [Cries of "Oh, oh !" and ironical cheers.] It was one of the misfortunes of the House of Commons that it was held up to popular criticism as being largely composed of lawyers who entered it in order to advance their own professional prospects. [Cries of "Oh, oh!"] One thing the House ought to avoid, therefore, was the imputation that it yielded to the clamour of an interested class. He hoped that the Colonial Secretary would take a wider view of this question, and would stand firm by the position he assumed in Committee.
said he had not heard those charges against the House of Commons which the hon. Member appeared to have met with in his peregrinations throughout the country. [Laughter.] If, however, such a charge had been brought to his notice, he should say that whatever might be the case as to the House of Commons, in the other democratic Assemblies, such as the Legislatures of the United States, and our self-governing colonies, the number of lawyers was very much greater in proportion than it was here. Coming to the point before the House, he was not ashamed to say that he had changed his mind. He had not changed his mind as to the object, but as to the method. The object was to reduce costs, and he was one of those who, perhaps rather hastily, thought that might be accomplished by excluding the legal profession. He had, however come to the conclusion that his hon. and learned Friend the Attorney General was right, and that that might involve very great hardship on the working classes in many cases, and would prevent them from having the best possible assistance and throw them into the hands of the very people against whom it was most desirable to protect them. But in order to secure what, after all, was the object they had in view, he thought precautions had been taken which would be sufficient. He would point out in the first place that, in the schedule as it stood, it was impossible for any solicitor or agent to recover any costs from the person entitled to compensation except such as had been awarded by the arbitrator. But his right hon. Friend the Home Secretary had another Amendment down on the Paper, under which it was proposed that the costs, whether before an arbitrator or in the County Court, should not exceed the limit prescribed by the rules of the Court, and the intention was to take care that that limit was an extremely moderate one. Under these circumstances and having regard also to the fact that appeals are not likely to be very numerous, he thought they might rest assured that the object the House had in view would be sufficiently secured.
, on a point of order, asked, if this Amendment were carried, whether he should be in order in moving the Amendment standing in his name?
The whole of the words will go.
Shall I be able to move it as a separate Amendment?
I think the hon. Member will, but not in the precise words standing on the Paper.
said that when the Colonial Secretary stated that the workman might be deprived of the assistance of counsel or solicitor when he perhaps most sorely needed it, he had forgotten that in the latter portion of this paragraph such assistance could be had with the leave of the Court or arbitrator. He thought it might be assumed that if such assistance were of great importance to the workman the Court or arbitrator would be quite willing to grant it.
, speaking as an employer, expressed great disappointment at the speech of the Colonial Secretary. He had always understood that the whole inducement for employers making such sacrifices as were entailed by this Bill was that there would be no more legal expenses. The right hon. Gentleman said that the old Employers' Liability Bill was a Lawyers' Employment Bill, and that he would take good care that this Bill would not be of that character. Personally, he thought this would be more of a Lawyers' Employment Bill than the old one.
asked whether, if this clause were taken out, it would compel a working man in every case to have a solicitor or counsel?
Certainly not.
Would it, if it were not in the Bill, debar any workman from being represented by anyone he likes?
I am quite willing that a workman should be represented by anyone he likes.
Amendment agreed to.
*MR. MCKENNA moved, in Sub-section (6), to insert the words—
"in any proceedings under this Act any party may appear by any person on his behalf."
The reason he desired to move this Amendment was this. Under the present County Court rules no person might appear except by counsel or solicitor, except by leave of the Court, and as the leave of the Court in the last paragraph had not been considered satisfactory in the case of solicitor or counsel, he submitted it was equally not satisfactory in the case of an injured workman wishing to be represented by a miners' agent or Trades Union secretary. He desired that there should be the same unrestricted right for the workman to employ his own agent as there was now to employ a solicitor or counsel.
suggested that the words of the hon. Gentleman's Amendment should be preceded by the words, "In any arbitration under this Act."
I accept that.
said he had no objection at all to accept the Amendment. He thought it would probably be better to put in the words "duly appointed." There ought to be some safeguard against having people jumping up and saying they were entitled to appear. The Amendment would then read:—
"In any arbitration under this Act any party may appear by any person duly appointed on his behalf."
I am quite ready to accept those words.
Amendment, as amended, agreed to.
Amendment made: At the end of Sub-section (7) insert:—
"The costs, whether before an arbitrator or in the County Court, shall not exceed the limit prescribed by rules of court."
MR. WALTON moved after the words last added to insert:—
"Rules shall be framed for the regulation of proceedings under this Act by the Lord Chancellor and the Lord Chief Justice of England, assisted by a committee of three County Court Judges to be appointed by them, subject to the sanction and approval of such rules by the Secretary of State for the Home Department."
He said that as far as he could gather from the Amendment on the Paper, he
did not see anything as to the constitution of the Committee, or defining the scope within which the rules were to be framed. Unless the Attorney General indicated some mode in which the Committee was to be appointed and what would be the scope of its action, he begged to move the Amendment which stood in his name.
hoped the hon. Member would not press his Amendment. As a matter of fact the rules would he either the rules of the High Court or those of the County Court, and there were constituted authorities for making such rules.
Amendment, by leave, withdrawn.
Amendment made: At end of Subsection (9) insert:—
"No fee shall be payable by any party in respect of any proceeding under this Act in the County Court prior to the award."
In Sub-section (10) leave out "amount recovered," and insert "said sum awarded."
Leave out "by the arbitrator," and insert "in the arbitration."
In Sub-section (11) leave out the words,
"at the request of any committee, judge, or other arbitrator, shall appoint a legally qualified medical practitioner,"
and insert,
"may appoint legally qualified medical practitioners for the purposes of this Act, and any committee, arbitrator, or judge may, subject to regulations made by the Secretary of State and the Treasury, appoint any such."—(Sir Matthew While Ridley.)
MR. SYDNEY GEDGE (Walsall) moved in Sub-section (11) to insert the words "no awards given under this Act shall be liable to stamp duty."
said there was no necessity for the Amendment, the award would not require a stamp.
Amendment, by leave, withdrawn.
MR. FENWICK (on behalf of Mr. EDMUND ROBERTSON, Dundee) moved at the end of Sub-section (11) to insert:—
"(12) The arbitrator shall state briefly in writing the probable cause of the accident, the nature of the employment in which it took place, and the defects, if any, in the premises, machinery, plant, precautions, or arrangements which, in his opinion, contributed to the accident, and a copy of such statement shall be sent by the arbitrator to the Home Secretary, and a summary of such statement shall be annually published."
said that when this Amendment was discussed in Committee it was pointed out that this duty would be quite foreign to the function of the arbitrator. If the Amendment were accepted, the arbitrator would have to conduct large investigations into matters he need not otherwise inquire into.
said that there was the additional drawback to the adoption of the Amendment that it would necessarily increase the cost of all these proceedings.
Amendment, by leave, withdrawn.
Amendments made: In Sub-section (12), after "this" ["this schedule"] insert ''Act and this."—( Mr. McKillop.)
After ''County Court," insert "'action for 'plaint,' 'sheriff court' for 'registrar of the County Court.'"—( Mr. Ure.)
Leave out "recorded," and insert "competently recorded for execution."—( Mr. J. Wilson, Falkirk Burghs.)
After "1876," insert,—
"save only that parties may be represented by any person authorised in writing to appear for them, and."—(The Lord Advocate.)
After "party," insert the words,—
"within the time and in accordance with the conditions prescribed by Act of Parliament."—(The Lord Advocate.)
said that his Amendment to insert after "party" "on special cause shown," was one of very considerable importance, and he did not mean to slur it over because they were fast approaching Twelve o'clock. [Laughter and cheers.] This part of the schedule was slipped into the Bill by the Lord Advocate upon the last day of the Committee stage, when most of the employers had left Westminster, not expecting that any Amendment of importance would be accepted. [Interruption.] He did not intend to sit down, and the longer he was interrupted the longer he would stand in his place. [Laughter and cries of "Hear, hear!"] His Amendment simply meant that on special cause being shown, the sheriff might state a case on any question of law determined by him, and his decision in such ease might be submitted to either division of the Court of Session. The greatest evil that employers in Scotland had had to submit to was that cases under the Employers' Liability Act of 1880 had been taken direct to the Court of Session. That involved a very large sum of money, and the object was that employers might compromise frivolous cases rather than defend them.
And, it being midnight, further proceeding on consideration, as amended, stood adjourned.
Bill, as amended, to be further considered To-morrow.
School Boards' Expenses Bill
Second Reading deferred till Tomorrow.
Poor Law Bill
Second Beading deferred till Tomorrow.
Stipendiary Magistrates' Jurisdiction (Scotland) Bill
Second Reading deferred till Tomorrow.
Supply 9Th July
Report deferred till Monday next.
Post Office Consolidation Bill Hl
Committee deferred till Monday next.
Naval Works Bill
Second Reading deferred till Tomorrow.
Military Manœuvres Bill
Second Reading deferred till Tomorrow.
Isle Of Man (Church Building Acts) Bill Hl
Adjourned Debate on Second Reading [5th July] further adjourned till Tomorrow.
Fisheries Acts Amendment Bill Hl
Second Reading deferred till Tomorrow.
Metropolitan Water Companies Bill
Committee deferred till To-morrow.
Bicycles (Ireland) Bill
Second Reading deferred till Tomorrow.
Burial Grounds Loans (Scotland) Bill
Adjourned Debate on Second Reading [11th May] further adjourned till Tomorrow.
Public Health (Scotland) Bill
Consideration, as amended (by the Standing Committee), deferred till Monday, next.
Foreign Prison-Made Goods Bill
Committee deferred till To-morrow.
Education (Scotland) Bill
Committee deferred till To-morrow.
Congested Districts (Scotland) Bill
Consideration, as amended, deferred sill To-morrow.
Supply
Committee deferred till Wednesday.
Ways And Means
Committee deferred till Wednesday.
Locomotives On Highways Bill
Consideration, as amended (by Standing Committee), deferred till Tomorrow.
Supreme Court Of Judicature (Ireland) Act (1877) Amendment Bill
Committee deferred till To-morrow.
Sale Of Intoxicating Liquors (Ireland) Bill
Committee deferred till Monday 26th July.
Service Franchise Bill
Committee deferred till Monday next.
Educational Endowments (Ireland) Act (1885) Amendment Bill
Committee deferred till Thursday.
Archdeaconry Of London (Additional Endowments) Bill
Considered in Committee; Committee report Progress; to sit again To-morrow.
Yorkshire Coroners Bill
Considered in Committee.
[Mr. GRANT LAWSON in the Chair.]
Clause 1,—
Ridings Of Yorkshire To Be Separate Counties In Respect Of The Coroners Acts
For all the purposes of the Coroners Acts 1844, 1860, 1887, and 1892, the ridings of Yorkshire shall respectively be separate counties, and the county council of each riding shall, to the exclusion of any other authority, be the county authority fur all the purposes of those Acts:
Provided that nothing in this section shall affect the alteration in manner provided by law of the district of any coroner which is immediately before the commencement of this Act situate partly in one and partly in another of the ridings.
Clause ordered to stand part of the Bill.
Clause 2,—
Jurisdiction And Remuneration Of Coroners
The coroner for such district in any of the ridings as the chairmen for the time being of the county councils of the three ridings, or the majority of them may front time to time determine, shall have and exercise jurisdiction and perform the duties of coroner throughout York Castle deemed to be in all the said ridings, and his remuneration for the performance of such duties shall be fixed, and such remuneration and his disbursements shall be paid by the county council of the riding in which such district is situate.
MR. JOHN HUTTON (York, Richmond) moved the omission of the clause.
Motion agreed to; clause struck out.
Clause 3,—
Rights Of Existing County Coroners
Nothing herein contained shall affect the rights, duties, powers, or liabilities of any county coroner holding office at the commencement of this Act.
MR. JOHN HUTTON moved at the end of the clause to add:—
"and any such coroner whose district shall, after the passing of this Act, have become divided into two districts shall for the purposes of section five of the Coroners' Act 1844 be deemed to be resident in each of such districts."
MR. EUGENE CREAN (Queen's County, Ossory) moved "That the Chairman do report progress, and ask leave to sit again."
Motion to report progress agreed to.
Committee report progress; to sit again To-morrow.
Parish Councils (Scotland) (Casual Vacancies) Bill
Considered in Committee, and reported, without Amendment; Read the Third time, and passed.
Steam Engines And Boilers (Persons In Charge) Bill
Order for resuming Adjourned Debate on Motion for Committal to Standing Committee on Trade, Etc. [I7th February] read, and discharged; Bill withdrawn.
Highways Bill
Second Reading deferred till Monday next.
Employers' Liability Act (1880) Amendment Bill
Second Reading deferred till Thursday.
County Councils (Advances) Bill
Second Reading deferred till Monday next.
Employers' Liability Act (1880) Amendment (No 2) Bill
Second Reading deferred till Thursday.
Local Government (Scotland) Act (1894) Amendment Bill
Second Reading deferred till Monday next.
Tithe Redemption Bill
Second Reading deferred till Monday next.
Working Men's Dwellings Bill Hl
Second Reading deferred till Monday next.
Inclosure Acts Amendment Bill
Second Reading, deferred till Tomorrow.
Police Pensions And Service Bill
Second Reading deferred till Wednesday.
Police Appointment And Promotion Bill
Second Reading deferred till Wednesday.
Congested Districts Board (Ireland) (Compulsory Purchase Powers) Bill
Second Reading deferred till Tomorrow.
Licensing (Scotland) Acts Amendment Bill
Second Reading deferred till Tomorrow.
Railway Return Tickets Bill
Second Reading deferred till Tomorrow.
Parish Registers Bill
Second Reading deferred till Tomorrow.
Licensing Exemption (Houses Of Parliament) Bill
Second Reading deferred till Tomorrow.
House Adjourned at a Quarter after Twelve o'Clock.