House Of Commons
Wednesday, 3rd August 1898.
MR. SPEAKER took the Chair at Twelve of the clock.
Private Bill Business
Seaham Harbour Bill Hl
As amended, considered.
Ordered, That Standing Orders 223 and 243 be suspended, and that the Bill be now read the third time.— (Dr. Farquharson.)
(Queen's Consent signified), Bill accordingly read the third time, and passed, with Amendments.
Wath-Upon-Dearne Urban District Council Bill Hl
As amended, considered.
Ordered, That Standing Orders 223 and 242 be suspended, and that the Bill be now read the third time.— (Dr. Farquharson.)
Bill accordingly read the third time, and passed, with Amendments.
Mersey Railway Bill Hl
Reported, with Amendments; Report to lie upon the Table, and to be printed.
Petitions
Borough Funds Bill
Against, from Sheffield; to lie upon the Table.
Catholic University In Ireland
Against, from Linlithgow and Grangemouth; to lie upon the Table.
East India (Contagious Diseases)
Against State regulation, from Halifax (7) and Bristol; to lie upon the Table.
Parliamentary Franchise (Extension To Women) Bill
In favour, from Aberdeen; to lie upon the Table.
Sale Of Intoxicating Liquors On Sunday Bill
In favour, from Clitheroe; to lie upon the Table.
Returns, Reports, Etc
New Forest Verderers' Memorial
Paper [presented 30th July] to be printed. [No. 341.]
Glebe Loans (Ireland)
Return [presented 1st August] to be printed. [No. 342.]
Navy (Health)
Paper [presented 2nd August] to be printed. [No. 343.]
Board Of Trade (Labour Department) (Changes In Wages, Etc)
Copy presented of Report and Statistical Tables relating to Changes in Rates of Wages and Hours of Labour in the United Kingdom, 1897, with comparative statistics for 1893–96 [by Command]; to lie upon the Table.
Coal Exports, Etc
Return presented relative thereto [ordered 14th June; Mr. D. A. Thomas]; to lie upon the Table.
National Physical Laboratory
Copy presented of Report, with Minutes of Evidence, of the Committee appointed by the Treasury to consider the advisability of establishing a National Physical Laboratory, together with a Copy of the Minute appointing the Committee [by Command]; to lie upon the Table.
Public Income And Expenditure
Return presented relative thereto (in continuation of Parliamentary Paper, No. 263, of Session 1897) [ordered 17th May; Sir Henry Fowler]; to lie upon the Table, and to be printed. [No. 344.]
National Debt (Savings Banks)
Copy presented of Balance Sheet setting forth the Assets and Liabilities of the Commissioners for the Reduction of the National Debt in respect of Trustee Savings Banks on the 20th November, 1897 [by Act]; to lie upon the Table, and to be printed. [No. 345.]
Local Government Board
Copy presented of Twenty-seventh Annual Report of the Local Government Board, 1897–98 [by Command]; to lie upon the Table.
Metropolitan Water Companies (Accounts)
Return presented relative thereto [ordered 3rd May; Mr. T. W. Russell]; to lie upon the Table, and to be printed. [No. 346.]
Local Taxation Licences, 1897–8
Return presented relative thereto [ordered 18th July; Mr. T. W. Russell]; to lie upon the Table, and to be printed. [No. 347.]
Poor Relief (England And Wales)
Return presented relative thereto [ordered 18th 7uly; Mr. T. W. Russell]; to lie upon the Table, and to be printed. [No. 348.]
Local Taxation (England) Account, 1897–8
Return presented relative thereto [ordered 18th July; Mr. T. W. Russell]; to lie upon the Table, and to be printed. [No. 349.]
London (Equalisation Of Rates) Act, 1894
(Accounts under section 1 (7) of the Act), Return presented relative thereto [ordered 18th July; Mr. T. W. Russell]; to lie upon the Table, and to be printed. [No. 350.]
Local Taxation Returns (England)
Copy presented of Part II. (Accounts of County Councils and Pauper Lunatic Asylums); Part III. (Municipal Borough Accounts, etc.); Part IV. (Accounts of Metropolitan Vestries, District Boards, etc.); and Part VII. (Summary) [by Act]; to lie upon the Table, and to be printed. [No. 351.]
Liquor Licensing Laws (Royal Commission)
Copy presented of Fifth Report of the Royal Commission on the Liquor Licensing Laws, and Minutes of Evidence taken before the Commissioners, with Appendices and Index, Vol. VII. [by Command]; to lie upon the Table.
Police Act, 1890
Copy presented of Correspondence relative to the refusal of the Certificate of the Secretary of State to the River Tyne Police Force for the year ended 29th September, 1897 [by Act]; to lie upon the Table.
Prevention Of Crimes Act, 1871 (Licence With Special Conditions)
Copy presented of Licence granted by Her Majesty to Mary Ann Sprackland, a Convict under detention in Aylesbury Prison, permitting the said Mary Ann Sprackland to be at large, on condition that she enters the Royal Victoria Home, Horfield, Bristol [by Act]; to lie upon the Table.
Copy presented of Licence granted by Her Majesty to Mary Jane Stretch, a Convict under detention in Aylesbury Prison, permitting the said Mary Jane Stretch to be at Large, on condition that she enters the Royal Victoria Home, Horfield, Bristol [by Act]; to lie upon the Table.
Adjournment Motions Under Standing Order No 17
Return ordered "of Motions for Adjournment under Standing Order No. 17, showing the date of such Motion, the name of the Member proposing the definite matter of urgent public importance, and the result of any Division taken thereon during the Session of 1898 (in the same form as, and in continuation of, Parliamentary Paper, No. 387, of Session 1897)."— (Dr. Farquharson.)
Closure Of Debate (Standing Order No 25)
Return ordered "respecting application of Standing Order No. 25 (Closure of Debate) during Session 1898 (in continuation of Parliamentary Paper, No. 388, of Session 1897)."— (Dr. Farquharson.)
Divisions Of The House
Return ordered "of the number of Divisions of the House in the Session of 1898; stating the subject of the Division, and the number of Members in the majority and minority, Tellers included; also the aggregate number in the House on each Division; distinguishing the Divisions on Public Business from Private; and also the number of Divisions before and after midnight (in continuation of Parliamentary Paper, No. 0.176, of Session 1897)."— (Dr. Farquharson.)
Public Bills
Return ordered "of the number of Public Bills, distinguishing Government from other Bilk, introduced into this House, or brought from the House of Lords, during the Session of 1898; showing the number which received the Royal Assent; the number which were passed by this House but not by the House of Lords; the number passed by the House of Lords but not by this House and distinguishing the stages at which such Bills as did not receive the Royal Assent were dropped or postponed, and rejected in either House of Parliament (in continuation of Parliamentary Paper, No. 0.180, of Session 1897)."— (Dr. Farquharson.)
Public Petitions
Return ordered, "of the number of Public Petitions presented and printed in the Session of 1898; with the total number of signatures in that year (in continuation of Parliamentary Paper, No. 0.181, of Session 1897)."— (Dr. Farquharson.)
Select Committees
Return ordered, "of the number of Select Committees appointed in the Session of 1898, including the Standing Committees and the Court of Referees; the subjects of inquiry; the names of the Members appointed, to serve on each and of the Chairman of each; the number of days each Committee met, and the number of days each Member attended;
the total expense of the attendance of Witnesses at each Select Committee, and the name of the Member who moved for such Select Committee; also the total number of Members who served on Select Committees (in continuation of Parliamentary Paper, No. 0.178, of Session 1897)."— (Dr. Farquharson.)
Sittings Of The House
Return ordered, "of the number of days on which the House sat in the Session of 1898, stating, for each day the date of the month, and day of the week, the hour of meeting, and the hour of adjournment; and the total number of hours occupied in the Sittings of the House, and the average time; and showing the number of hours on which the House sat each day, and the number of hours after midnight; and the number of entries in each day's Votes and Proceedings (in continuation of Parliamentary Paper, No. 0.177, of Session 1897)."— (Dr. Farquharson.)
Business Of The House (Days Occupied By Government And By Private Members)
Return ordered, "showing, with reference to the Session of 1898, (1) the number of Sittings on Tuesdays, Wednesdays, and Fridays at which Government Business had precedence; (2) the number of Sittings on Tuesdays, Wednesdays, and Fridays at which Private Members had precedence; (3) the number of other Sittings at which, in accordance with the Standing Orders of the House, Government Business had precedence; (4) the number of Sittings at which Government Business, had precedence under a Special Order of the House; (5) the number of Saturday Sittings; (6) the total number of Sittings at which Government Business had precedence; (7) the total number of Days on which the House sat; (8) the total number of Motions for Adjournment of the House on a matter of urgent public importance; and (9) the number of Days in Supply (in continuation of Parliamentary Paper, No. 389, of Session 1897)."— (Dr. Farquharson.)
Private Bills And Private Business
Returns ordered, "of the number of Private Bills, Hybrid Bills, and Bills for confirming Provisional Orders introduced into the House of Commons and brought from the House of Lords, and of Acts passed in the Session of 1898, classed according to the following subjects:—Railways, Tramways, Tramroads, Subways, Canals; and Navigations, Roads and Bridges, Water, Gas, Gas and Water, Improvement, Police and Sanitary Regulations, Corporations, etc. (not relating to Police and Sanitary Regulations); Ports, Piers, Harbours, and Docks; Churches, Chapels, and Burying Grounds; Markets and Fairs, Inclosure and Drainage, Estate, Divorce, Naturalisation, and Miscellaneous:"
"Of all the Private Bills, Hybrid Bills, and Bills for confirming Provisional Orders, which in the Session of 1898 have been reported on by Committees on Opposed Private Bills or by Committees nominated partly by the House and partly by the Committee of Selection, together with the names of the Selected Members who served on each Committee; the first and also the last day of the sitting of each Committee; the number of days on which each Committee sat; the number of days on which each Selected Member has served; the number of days occupied by each Bill in Committee; the Bills the preambles of which were reported to have been proved; the Bills the preambles of which were reported to have been not proved and in the case of Bills for confirming Provisional Orders, whether the Provisional Orders ought or ought not to be confirmed:"
"Of all Private Bills and Bills for confirming Provisional Orders which, in the Session of 1898, have been referred by the Committee of Selection, or by the General Committee on Railway and Canal Bills, to the Chairman of the Committee of Ways and Means, together with the names of the Members who served on each Committee; the number of days on which each Committee; the number of days on which, each Member attended:"
"And of the number of Private Bills, Hybrid Bills, and Bills for confirming Provisional Orders withdrawn or not proceeded with by the parties, those Bills being specified which have been referred to Committees and dropped during the sittings of the Committee (in continuation of Parliamentary Paper, No. 0.162 of Session 1897)."— (Dr. Farquharson.)
Order Of The Day
Local Government (Ireland) Bill
Motion made—
"That the Lords' Amendments be considered." (Mr. Atkinson.)
I desire to call the attention of the Committee of the House to what I consider to be a serious infringement of the privileges of this House, and I consider that there ought to be some protection of the rights of the House of Commons in this matter. Now, I do not attach much importance to the Amendment of the House of Lords, to which I am going to refer, except on principle, for I consider that a serious invasion of our privileges has been made by the manner in which the Lords have dealt with the question of malicious injuries. With regard to the alteration made on page 3, we have had no opportunity of considering that question. The Local Government Bill is simply a transfer of the powers from one body to another, and it is not intended to create any new power in it, does not create new powers, and this question was never mooted in this House, or considered on the Report stage in this House, but it has been imported into this Bill in another place under circumstances which I think reduce this House to a condition of mere servitude to the other House, and to a position of absurdity. If anyone will take the Lords' Amendment on page 3 there will be1 found a long Amendment extending the powers with which malicious injuries may be dealt with, and there is underlined a proviso which provides—
Now, Sir, when this Bill passed the House of Lords on the Report stage and the Committee stage, no such, words were in the Bill, but upon the Third Reading of the Measure in that House, these words were inserted. Thanks to the vigilance of the officials of this House, they certainly did endeavour to protect our privileges, and out of respect for the protest made they inserted in another place these words, which are underlined. I should like to understand who is responsible for the stage direction of this House for these extraordinary words—"Provided that no additional charge be thrown on the rates by such extension."
This is the advice dictated by the House of Lords in order that they may give thing with one hand and take it away with the other, thus rendering themselves ridiculous. The thing itself is bad enough, but the headline placed there certainly gives a very strong indication of the absurdity of the position. Now, Mr. Speaker, I am well aware that you would, under ordinary circumstances, make a pronouncement from the Chair in reference to these words only for the fact that a saving clause has been inserted, and we are in that position now, taking the Lords' Amendment as a whole. The House of Lords has stated that there is to be an extension of the powers which will throw the cost of malicious injuries on to the rates. Now that is a line which rather stultifies them, and we should disallow the Amendment take as a whole. I do not propose in any way to enter upon the merits or the demerits of this question, but I will make this observation, that if we are to allow this extension and make it so wide that when you come to the question whether the tenant has kept the covenant in his lease against dilapidations or repairs, it is a very wide question whether more depreciation of that kind and questions of ordinary wear and tear will not come before the court to decide as to whether they have been done maliciously. The only other observation occurring to me is on the question of principle as regards Galway borough. I understand that the Government are going to take a firm line on the ground of Galway borough on account of the fact that it has a tendency to create a new taxing body other than the taxing body which before existed, and which the House of Lords had no business to interfere with. If Galway is sacrificed as a county borough it seems all the more necessary that we should stick up for our privileges in regard to malicious injuries. Sir, there is one other observation on a question of privilege which I desire to make in this case, and it is an important observation which I hope will be considered by Her Majesty's Government. They were good enough to agree to an Amendment of mine in this House giving over to the Corporation of Dublin the pawnbrokers' licences, amounting to over £4,000, but in the House of Lords they have inserted an Amendment giving to the townships of Rathmines and Kingstown a portion of the pawnbrokers' licences collected in that area. Now, I did think that I might have kept the Government to their pledge to give the entire amount to the Corporation of Dublin, and though the House of Lords has struck out that clause I understand that it is to be reinstated in the Commons. As regards the council of Kingstown, I am very glad indeed that the Government have seen their way to give an additional £800 a year to that town, and therefore I have no objection to the Amendment which the Government propose to make. I would like, however, to suggest to the Government that they should add to the clause which the Lords have inserted on the Report stage and which was struck out on the Third Reading, a proviso in reference to pawnbrokers extending the hours under which they now work. I think it would be a reasonable thing confined from 10 to 4 in the winter, and in the summer 10 to 7, and I think at least the winter hours should be made the hours all round, or, as an alternative, they should allow the Police Commissioners at Dublin to wink at an evasion of the law, and permit the hours to be extended in the case of pawnbrokers, as in the case of all other classes of trade. Finally, the Government have been good enough to insert an Amendment as regards the in- firmaries of the borough of Cork. I have considered this question from the point of view of privilege, and I do not think it affects it in the slightest degree, and I thank the Government for having made that change."The words enclosed in brackets and underlined are proposed to be omitted, and the words in italics to be inserted by the Commons."
Question put.
Motion agreed to.
Amendment proposed—
"Line 19, after 'Act,' insert 'and of those enactments sections one hundred and thirty-five and the following sections of the Grand Juries Act, 1836, so far as unrepealed, shall extend to the case of maliciously setting fire to destroying, or injuring property of any description, whether real, or personal, in like manner as they apply to the setting fire to, injuring, or destroying the particular descriptions of property specified in the first-mentioned section. (Provided that no additional charge be thrown on the rates by such extension.)"
I trust the House will not allow an evasion of this kind. The words as we see them on the Paper are nonsense, and the Government only propose to make them sense by leaving out the last proviso. The Lords have no right to make such an Amendment in the Bill, and I should like to ask whether or not this is a matter which the Lords have no power to do in a direct manner. I should like the House to have some expression of opinion from the Chair upon this subject.
I may add, for the information of the House, that Mr. Gladstone most strongly protested against this practice in a record which he has left upon this subject.
*
The precedents of such a method are so clearly established that I cannot say that it is a breach of privilege. It is open to the Government or the Member in charge of the Bill to move, as an Amendment, to leave out the proviso. It is not a point of order for me to decide upon, because, if the Amendment were agreed to in the form in which it appeared upon the Paper, no pecuniary charge could result from it. All I can say is that, while can well imagine cases in which such an Amendment ought not to be made, it is a matter which must stand on its merits, and upon which the House must decide.
On the Report stage of the Bill there was an Amendment which would have had the effect of casting an additional burden upon the rates, and you ruled, Mr. Speaker, that we were obliged to recommit the Bill in respect of those clauses. Now, it does seem to me to be a very extraordinary proceeding on the part of the Government, after having decided in the House of Commons that they could not move clauses or Amendments throwing additional burdens on the rates, that now at this late stage of the Bill the Government are going to accept from the House of Lords a clause which will undoubtedly throw an increased burden upon the rates. Now, Sir, this clause provides for an extension of the power of allowing compensation for malicious injuries. Now, we all know that compensation for malicious injuries is paid from one source only, and therefore, if the clause is operative at all, it can only be operative by increasing the burden of the rates. But even if it be within the power of the Government on a point of order to accept or move such an Amendment as that now before the House, they ought not to take such a course, because it is certainly expenditure which is not in accordance with the general spirit of the discussions upon this Bill in this House, and it is a great straining of the practice of this House. Well, now, Sir, what are the motives which justify this proposal? If the Government are going to accept this I think they are bound to make some statement of the grounds on which they propose to allow the House of Lords to open up a matter which, as the honourable Member for North Louth has said, was not opened up at all in the course of the Debate on this Bill. Now, this is a proposal to extend the provisions of a very serious Act, and we consider it an extremely objectionable code of laws which apply to Ireland, and not to this country, and it is a proposal to extend them in a way which I venture to say will take a very keen lawyer to appreciate the force of. To what extent they may go, in order to be easy and clear upon the point we should have to examine very carefully the wording of the Acts and all the possible effects of the clause that is now before us. Sir, if the Government could give some reasons for this departure some public purpose might be served by the present clause; but they have not made the smallest attempt to do anything of the kind, and they have not said a single word in defence of their attitude. I humbly submit that under these circumstances it would have been much better to give way to the objection of those who consider that this proposal is very close to the border of being disorderly proceedings, and, as Mr. Speaker has said, entirely against the spirit of the relations between the two Houses.
The honourable Member who spoke last and the honourable and learned Member who preceded him have entered a protest upon a question of privilege. Now, I understand that the proceedings of the House of Lords in respect to this Amendment are quite in harmony with a practice which has been accepted by this House for more than a generation. I think, therefore, that the discussion on this technical point might now give place to a discussion upon the actual merits of the Lords' Amendment.
What we desire is that the Government should tell us that they will in some way limit the very wide sweep or scope of this clause, and let it be confined to eases of felony or where the offence was of a criminal character. I am willing to waive considerations as to the irregularity of the action of the Government if we can get something solid or some limitations which will leave things exactly as they are. If we pass these words we shall have no opportunity of amending the clause, because we shall have amended the words in the final portion of the clause. Now, I ask whether I am right or wrong in that contention, for it appears to me, from the usual practice, that if we begin by omitting the words,
we shall then have passed all the other Amendments. I presume it might be done by a proviso, but I should desire to do it in some other way. But let us hear from the Government on this point. Do the Government really now accept at this hour of the day a change in the Law which for 60 years has been administered, and every word of which has been subject to as much discussion as the Statute of Frauds itself? Now, under section 135 of the Grand Juries Act of 1836, we all know what the decision would be. The case I take is this. Take the case of a house: there is a bog, and I commence to out it for turf without leave. Why, the landlord could go and get an injunction for committing malicious injury to his property. This would be a case for malicious damage, and, instead of going to the grand jury or the Vice-Chancellor for an injunction, he could go to the judge of assize for malicious damage committed upon his property, although the tenant has only done it for the purpose of cutting turf. That would not be a crime, and yet you could go before the county court judge to restrain the tenant from doing this. I must say, Sir, that I think this thing is vicious in every respect. It is vicious as an invasion of our privileges, and in order to get on and let us get through our work, I should be glad if the Government would be content with striking out those words."provided that no additional charge be thrown on the rates by such extension,"
The object of the Lords' Amendment is to place the law as to compensation for malicious injuries upon a rational and scientific basis. Nothing at present could possibly be more anomalous than the position in which people are placed by the Grand Juries Act. For instance, while a man can get compensation for injuries done to a barge laden with stores, he could get no compensation whatever if the cargo had been discharged. He could get no compensation for damage to a yacht and some other cases which are provided for under the 20th section, which are cases in which no compensation can be given, although the persons whose property is injured are justly entitled to compensation. Honourable Members opposite held that the words of the Amendment were too wide, and might admit claims for compensation in cases where it ought not to be granted. Now, I should like to meet the honourable Member for Louth's suggestion by substituting for the words—
"provided that no additional charge be thrown on the rates," the words, "provided that this shall not extend to any case except where the act done was a crime within the Malicious Injuries to Property Act, 1861."
Does that apply to salmon poaching?
No; but it gives the man a right to seek compensation for nothing which would subject the perpetrator to prosecution for a crime. Surely it would be absurd to say that where the injury is a crime, and the perpetrator can be sent to prison for committing it, the owner of the property injured can receive no compensation.
But it is the law in England.
It is not the law in England, because the law of compensation for malicious injury does not exist in England. We desire to make the law of compensation exactly similar by allowing compensation in both cases.
Will the right honourable Gentleman kindly read the malicious injury section?
Yes. Section 22 deals with damage done to growing trees, the next section with fruit or vegetable produce, the 24th with other kinds of produce, and the 25th section with other descriptions of malicious injuries. I submit that if we insert a proviso confining the procedure to cases in which the perpetrator could be prosecuted for a crime there will be no occasion for a wider application.
I must object very strongly to the argument of the learned Attorney General. This Amendment stows cleanly that it is an attempt to legislate by sentiment. But now, Mr. Speaker, in this Bill there are about 50 Acts of Parliament inserted, although the scope of the Bill was, as I understood it, that the powers should be transferred from the grand juries to the county councils. In reference to this matter the curious thing is that these legislators who wish to amend this Act in all its imperfections have left it for 65 yeans on the Statute Book. But if they wish to amend this Act, then let them do it in a proper way, instead of introducing such a clause in this Bill, which only refers to local government. Even these cases of compensation for malicious injuries are transferred to a higher tribunal. I have, in speaking before, only directed the attention of the House to a question which I considered was a breach of privilege, and which view is supported by the great authority of Mr. Gladstone in reference to this—what shall I call it?—I must use respectful language in respect to this clause, which is to be left out in order to put the law in order. We know the differences existing between one party and another, and I call it a fraudulent trick. Here is an Amendment which is calculated to destroy the individual liberties of this House by the device,
If this clause were left out, which they ask us to leave out, the Bill would be simply absurd. Here it is proposed to allow the House of Lords to tax the people, and the House of Commons is subservient enough to yield to that kind of thing. I know the practice has been in vogue for 30 years, but it has been protested against again and again, and by none more strongly than by Mr. Gladstone himself. As regards this clause, we must ask some gentleman of great Parliamentary experience to ransack his recollections, and to find out a parallel in dealing with this general matter by simply introducing some particular Amendment as in this case. The thing, Sir, is wrong, and it would be, I say, highly detrimental to the House of Commons to yield to such a thing as this. It is one of the most ill-drafted Acts that have ever been passed for some 30 years. It is legislation by way of reference throughout, and if it had not been by way of reference this Amendment could not have been inserted. If the House of Commons had taken the same course as that which is adopted by this Amendment, which we are now asked to accept, this Bill could not have been got through in any way. It is contrary to the spirit of the Bill, and it is an inno- vation of the Bill. It is a palpable invasion of our rights, and nobody with any respect for the procedure of this House could yield the privileges for which they have fought in former days. I hope this House will not accept such a specific Amendment, for it is contrary to the rules of legislation to amend a particular phase and a particular section of a Bill which only transfers powers from one body to another. If the right honourable Gentleman had followed this example he knows perfectly well that this Bill could never have been passed. If the House of Lords wish to amend these Acts, let them do it in a proper form. I am sure that the First Lord of the Treasury would have been the very first to say, having regard to the Bill as a whole, to public time, that this must not be done. I draw the First Lord of the Treasury's attention to this fact, because we cannot really protest too strongly against this system of applying from one tribunal to another."provided that no additional charge be thrown on the rates by such extension."
There are two points in this discussion upon the point of order to which my honourable Friend who has just spoken has referred, and I would ask the permission of the House to say a word on that subject, because undoubtedly a subject which touches our relations in another place is a matter which ought to be very closely watched. But at the same time, while I think nobody can complain that this question has been raised, it does seem to me that the point which has been spoken of, although it has not been done for the first time, I think there have been far too frequent instances of it lately. Apparently it is one of those things which have grown up in order to get over the difficulties which occasionally arise, and must arise, in communications between the two Houses in regard to matters of taxes or of rates. I find upon this question that there is a case which appears to me very nearly, if not entirely, on all fours with the case in point. When the Irish Land Bill of 1887 was introduced into the House of Lords, certain clauses were put in the Bill. Now, under the Act of 1885 and the National and Local Loans Act of 1887, advances to tenants are allowed out of a fund with which the Lords did not deal, for it provided that those advances should be made out of the Irish Church Fund service, and there was a sub-section inserted by the Lords. That was done in the Commons, and it was agreed that those advances should come out of the fund as desired by the Lords. I think we shall all agree that this question ought to be closely watched, and we have been informed that Mr. Gladstone, a very high authority, is to be cited, as showing that this is a practice which should be closely watched. I have not had the opportunity of looking up the facts myself, but I am informed that on one occasion, if not oftener, Mr. Gladstone himself was obliged to fall back on this very device which arose in regard to certain difficulties between this House and the House of Lords. I want to say just one word upon this Amendment. We had a very long discussion in this House with regard to this clause, from a very different point of view, but evidently honourable Members, especially those who hold high positions in Ireland, will regard questions of this kind from the point of view from which we regard them in England. It has been pointed out that this class of legislation is entirely unknown in England, and one cannot help hoping that in proportion as improved government advances in Ireland the extension of this class of legislation will have a tendency to diminish. I think we ought to be thankful to the Attorney General for accepting what is undoubtedly a considerable modification of his ideas. The great evil of this class of legislation is the temptation it gives to a man to trump up charges of injury against his neighbour, towards whom he may bear a grudge. The House ought to be very careful not to admit to an unnecessary extent a class of legislation which has always been regarded with suspicion, and which he hoped would soon disappear in Ireland as it had in England.
I do not want to go into the principles of this legislation now, but I may say that it undoubtedly originates in the particular class of offences which were supposed to prevail in Ireland—I mean agrarian offences. You have elaborate and detailed provisions in the law to meet malicious classes of injury, and to attempt to extend that provision to all classes of injury—such as a boy breaking a window—is not to make the law scientific, but to introduce a new principle, which I do not suppose prevails in any other part of the world. As the clause now reads, it says certain sections of the Grand Juries Act, 1836, shall extend to the case of maliciously setting fire to, destroying, or injuring property of any description, whether real or personal. It is clear that the words "or injuring" are not what this House intended, and I trust they will be omitted. That, in my opinion, would be enough, and the application of the Amendment can be confined to cases where there are indictments. Offences against property are not increasing in Ireland, and most forms of property are as safe there as in any country in the world, and I suggest that the House should disagree with this Amendment as a whole, or that it should be greatly cut down.
The proposals of the Lords will improve the law, provided it is sufficiently safeguarded; the Government have already suggested one safeguard and the honourable Member has just made another suggestion. The honourable Member has urged that only cases where there are indictments should be considered. There is certainly something to be said for that, and I think it will be regarded as a satisfactory compromise if I, on the part of the Government, agree to the striking out of the words in the Lords' Amendment, and substitute the following—
"Provided that this Act shall not extend the application of the said sections to any case except where the malicious act done was a crime punishable on indictment under the Malicious Damages Act, 1861."
I do not think that is a satisfactory compromise, but I have no desire to hinder the progress of the Bill, and content myself with making a strong protest against the Amendment, even as amended.
Amendment, as amended, agreed to.
Question put—
"That the House do agree with the Lords' Amendment to leave out clause 19, and insert clause (A), namely:—'(A).—1. A county council may prosecute for any penalty under section six of the Ancient Monuments Protection Act, 1882. 2. The provisions of section eleven of the said Act (defining ancient monuments to which this Act applies) and section one of the Ancient Monuments Protection (Ireland) Act, 1892, shall have effect as if they were herein re-enacted with the substitution of "county council" for "Commissioner of Works"; but this enactment shall be in addition to and not in derogation of the existing provisions of the said sections as respects the Commissioners of Works.'"
suggested that the following words of clause 19 should be retained—
He said it was generally farmers who injured or endangered ancient monuments, and it would be a check upon them, if they knew that the county surveyor would be brought down upon them by their neighbours."Where any ancient monument or remains are being dilapidated, injured, or endangered, the county surveyor of any county shall report the same to the county council."
I am quite agreeable, provided that after the words "ancient monuments or remains" there is inserted "within the meaning of this section."
It is very hard to get the better of you English.
Question put, and Amendment, as amended, agreed to.
Question put—
"Page 16, line 16, after 'council,' insert 'and in the case of the borough of Galway Town Improvement Commissioners.'"
"Line 27, after 'borough,' insert 'and to the Galway Town Improvement Commissioners.'"
"Line 29, leave out 'time of election.'"
*
I must call the attention of the House to the fact that this is a breach of privilege, because it creates a new rating authority in the borough of Galway. It, therefore, is not in order.
I would respectfully suggest that the Government should amend the Bill so that Galway should be put in the position, of which it never ought to have been deprived, of having a Mayor and Corporation and burgesses, even although it does not become a county borough.
*
I do not see how such an Amendment can be moved. The Lords' Amendment is one which I cannot put to the House. I do not see how it can be amended.
I move to disagree.
Amendment disagreed with.
Amendment proposed—
"Line 27, after 'borough,' insert 'and to the Galway Town Improvement Commissioners.'"
Agreed to.
Amendment proposed—
"Line 29, leave out 'time of election.'"
Agreed to.
Amendment proposed—
"Page 19, line 13, at the beginning of the line, leave out to the end of the clause."
Agreed to.
Amendment proposed—
"Page 19, line 5, leave out 'one councillor,' and insert, 'two councillors.'"
Motion made, and Question put—
"That this House doth agree with the Lords in the said Amendment."—(Mr. Balfour.)
This raises a question concerning district councils and boards of guardians in Ireland which has been often debated before, and in opposing the Amendment, I confess I am astonished at the action of the Government in agreeing to it. In one respect, they seem to have learned wisdom from the Debates in this House, because they have not extended the two-member provision to the county councils. But, in spite of the fact that in this House, both in the Committee and Report stages, this whole question was discussed at considerable length—in spite of the fact that the majority of the Unionist Members from Ireland objected to this provision, as certainly not calculated to improve the Bill, but rather to do it mischief—in spite of the fact that the Nationalist Members unitedly were opposed to it, and in spite of the fact that the Irish Minister himself said, in his judgment, that it would injure the Bill; and while, further, the First Lord of the Treasury stated on both occasions that it would not improve the Bill, but rather have the reverse effect—in spite of its condemnation by the grand jurors of Kildare, and other grand jurors, I repeat, that, after all this, I am astonished at the Government's attitude. In the House of Lords the Unionist peers divided on the subject, while one or two of them said that, in their judgment, the change would be for the worse, and would certainly be no improvement to the Bill; but, in spite of this concensus of opinion, and especially of that of the representative of the Government who has piloted this Bill to the House of Lords, we are asked to adopt this Amendment, although it was twice negatived in the House of Commons, and left an open one in the House of Lords. This is what I call an unparalleled proceeding. What were the grounds on which this matter came before us? It was supported, as far as I can remember, on one ground, and one ground only—namely, that by the insertion of this provision, of two members for each constituency, you would secure, or at least open the door to the introduction, upon these new local bodies, of the representatives of the old ex officio guardians and grand juries. I do not remember that any ocher argument was used. It was not contended by those who supported the Amendment that, apart from the representation of the minority, it was a proposal calculated to improve these bodies as working bodies. On the contrary, the unanimous opinion was against it, and it was said that it would make them more unwieldy and less practicable. But certain honourable Members declared that the gentry of Ireland, and the ex officio guardians were desirous of serving their country, and the only way of doing it was under this proposal, by which a district would be able to elect one Home Rule member and one anti-Home Ruler. Well, now, Sir, I wish, first of all, to deal with that argument, and I say deliberately—I may be wrong, I may be right—that the insertion of this provision in the Act will have an entirely opposite effect to that which it is intended to have. If the ex officio guardians and grand jurors are going to come before the electors in that capacity, and as representatives of the old minority, then I warn them that they will be defeated and routed. They will not be elected in any of the constituencies where the Nationalist Party are in the majority, as the representatives of the old minority who have hitherto monopolised local government in Ireland. That was not the spirit in which we were appealed to by the Minister for Ireland and the First Lord of the Treasury to adopt this Bill. We were asked not to scrutinise a man's past or present political opinions, but to take a man for what he was worth, and a local man, who was willing to work for the interest of the locality in which he lived. Speaking on behalf of the southern provinces in Ireland, and for those districts and municipal corporations where they have had majorities and power, they have not shown a spirit to act politically. I believe, myself, that if the spirit in which the First Lord of the Treasury and the Secretary for Ireland, on this particular point, appealed to the people of Ireland when the Bill was introduced, and in the course of its various stages of passing through the House—if that spirit had not been made manifest, there would have been shown, in the progress of these elections, that desire for separation which has been urged in the past. When you come before the people and say, "We are determined to force"—or, at all events, by a system of manipulation, and a provision specially put into the Bill, to get on to these bodies the ex officio guardians and grand jurors—I say, when you take up an attitude of that kind, I think you do wrong. If we are to be told that these old guardians and grand jurors are to be forced upon us, then I say you are running into danger. Sir, I venture to offer a word of advice to those who are advocating the adoption of this Amendment, and it is this: that they ought to abandon the principle of going before the people as the representatives of the minority. The only principle on which these boards can be worked is to give the people a voice and a fair share in the control of their affairs. I have now explained my reasons for opposing this proposal, and I would ask, how will it affect the efficiency of the boards? We are entitled to address to the Government a strong word of warning on this aspect of the question. It is a great question, without doubt. You take a people like the Irish people, who for so long have been shut out from that training in local government which has been part of the English people's life for generations and generations, and you give them a system which has this defect in its constitution. Is that fair? We are entitled to ask, nay, to demand of the Government that, unless their judgment has been convinced in favour of this provision, and which, I maintain, is calculated to injure the working efficiency of these local bodies, and increase the dangers of maladministration, that should be rejected. If it is introduced, the result will naturally be to get up in agitation for the application of the same principle to other boards. We should have a bad system everywhere, and against which we are always protesting. We have had an example of a numerous board, the vast majority of whom never attended the meetings when ordinary business was transacted, and only attended when there was a job to be done. I say this proposal will increase the number of the public boards; it will injure their efficiency, and it will divide the responsibility as regards the different districts between two representatives, where one existed before. I can anticipate that the people will refuse to be bullied, or driven into electing these men, as this Amendment provides for, and its adoption will increase the difficulties of administering the Act, so far as the Boards of Guardians are concerned. I say, solemnly and seriously, that if this perfectly useless provision is persisted in, it will be against the opinion of an overwhelming majority of the people of Ireland, including more than half of the Unionists of Ireland, and will considerably shake the confidence of the people in the Government.
The honourable Gentleman began by expressing some surprise at the course which the Government has taken in moving that this House should agree with the Lords in this Amendment. I think there is no foundation for that surprise, for, if I accurately remember what took place on the discussion in this House, I gave a clear indication of the exact course we should pursue, supposing an Amendment of this kind were carried in another place. Sir, I have never concealed from the House that I do not regard this Amendment with any very large amount of favour. I do not base on it any great hopes for obtaining that representation of certain classes in Ireland, which everyone in this House, I think, desires to see. But I do not think that the honourable Gentleman gives due weight to the arguments which may be urged, and legitimately urged, on that side of the question. He looks at the prospect of members of the existing grand juries going before the new electoral bodies, and appealing to them for election, as the representatives of a minority. I think that those members of the existing grand juries who are anxious to carry on administrative work in the place of their residence will come forward, not on the ground that they represent the defunct grand juries, but as men of business intimately acquainted with the work to be done. The idea which the honourable Member appears to have, that the constituencies are to be bullied and driven into electing these members, is surely rather extravagant. I am not aware that any machinery exists by which that operation could be carried into effect. The controlling argument, which, as I understand, moves the minority to desire this Amendment, is that they feel that in the boards of guardians, where there already exist men who have served their districts for many years, it would be quite useless to expect that such men would be ousted to make room for someone else, who, however great his qualifications, would not have the same long service to recommend him. They hold—and the argument is one which has both weight and substance—that if there are to be members for the district, the existing guardians will be able to retain office, and there will be room for another guardian as coadjutator. I admit that if the Bill were drawn according to my opinions, I should adhere to the system of single-member constituencies, which has been found to work well in this country. But I think the House ought to have a great regard for the feelings and legitimate aspirations of those who are being disestablished by the Bill. Honourable Members opposite will sympathise with the feeling that if we can render this great revolution acceptable to the class which is being disestablished, it is only right that we should do so. I quite agree that we ought not to pay too high a price for it; that we ought not to destroy the efficiency of the Bill for that object; but I do not think that this Amendment would in any sense destroy the substantial efficiency or advantage of the Measure. Therefore, Sir, for my own part, I shall adhere to the pledge which I gave to the House on the last occasion when this question was discussed. In my judgment, as I said then, we ought to pay deference to the feelings of the minority, who are disestablished, and all the investigations I have been able to make show that this Amendment is in harmony with the views of the minority. For that reason, I ask the House to agree to the Lords' Amendment.
There is one aspect of the case upon which I should like to be enlightened by the Attorney General, and that is as to the numerical effect it will have upon the different wards in Ireland. The case, as stated by Members who represent Irish constituencies, is that it is perfectly possible, by doubling the whole representation, not only to increase the difficulties which at present exist, but also, in regard to ministers of religion, of getting adequate representation. These difficulties are not at all imaginary. Moreover, the numerous county boards who carry on business in a very small board-room, might become almost unmanageable. The effect of this clause is to introduce the very difficulties which certain honourable Members say it will avert. Why should you suppose that because you give two members to an electoral division instead of one, 50 per cent, of the voters will alter their opinion? They say it will increase the Orange majority; that in the Presbyterian dis- tricts it will increase the Presbyterian majority; and that in the Roman Catholic and Nationalist districts it will increase the Roman Catholic and Nationalist majority. I venture to say that this Amendment springs from Members representing a small corner of Ulster, and no doubt they calculate it will give them an increased majority; but they do not think of the minority in other parts of Ireland. The result will be that the majority everywhere will be increased by this Amendment, which is supposed to protect the minority. The day is not far distant when the grand jury element in the south of Ireland will see that their position is not to be strengthened by artificial safeguards, and provisions, and clauses in Acts of Parliament, but by identifying themselves, as their predecessors have done in past generations, with the wishes and aspirations of the people.
I quite understood my right honourable Friend the Leader of the House to say that if this Amendment, which he did not approve of himself, were carried in the House of Lords, he would accept it, and he has now fulfilled the pledge which he then gave. We have a united Nationalist opposition to it.
No, not all.
Well, almost; all the Nationalist Members who follow the honourable Member for East Mayo are opposed to it. I look upon that as being rather in its favour, because I think there must be some very good principle underlying it to induce honourable Members to oppose it. I do not know why the honourable Member for East Mayo appears to think that it would be greatly opposed to the minority in Ireland. A large majority of the minority in Ieralnd—and by that I do not mean the Protestant or Unionist minority, but the minority representing large cess-payers, more largely composed of Catholics than Protestants—are in favour of it. I think they ought to know their own business, and I venture to say that a large majority of that minority, which includes men of all classes, creeds and politics, are in favour of this Amend- ment. That is my opinion, gathered from representations made to me. The honourable Member for East Mayo appears to imagine that when these councils are established the Irish grand jurors will come forward as candidates representing the grand jurors. We intend to place ourselves before the electorate in the same way as other honourable Members. Every man who stands for any constituency always holds himself to be the best possible man, and that is the position in which Irish grand jurors will stand. They will point out that they have had experience as magistrates, and they will appeal to the common sense of the Irish people on the ground of their experience of the working of county administration, and they have done their work in the past efficiently and cheaply. I venture to say that when they make that appeal the Irish people will see very great force in it. I repeat—I may be wrong—but I think it is very probable that when the constituencies gratify their political proclivities by electing a man of their own political views they will exercise common sense and elect for the second seat a man of business habits and training, who will do the work efficiently.
Would I have any chance in North Armagh?
If the honourable Member mends his ways I think he would, but I am afraid he never will mend his ways, and I cannot hold out any prospect to him of finding a seat in North Armagh. Then, again, this Amendment would give a chance of women being elected to the council, as is done in this country. I think that would be a great benefit, and I can only say I believe that by passing this Amendment and agreeing with the Amendment of the House of Lords it will have the effect of bringing the law into confusion. Even constituted as they are at present, boards of guardians are in a state of confusion. In passing, I may say that a description is given in a Galway paper of a meeting of guardians there, and it said that the prize-fight ended by a large man hitting a small man on the jaw.
We have that in this House.
The paper went on to say that after this the board went on with its business as usual. I believe it will be found that the men who will have the most leisure, which will enable them to attend to the business of the council, will secure the confidence of the electors. I cannot conceive a very poor man leaving his farm to attend to these boards; the man of leisure and means will be the man who will attend; but I think it will be well to give these constituencies an opportunity of satisfying their political consciences, and then of choosing the best men. But I do not believe in nullifying one vote by sending an opponent to the council with him. As Irishmen are not entirely bereft of common sense, I believe and hope that political questions will be decided outside the board rooms, because I cannot conceive that Irishmen will not see that it is cheaper to forget these political differences and work for the common food of their country. That, I believe, will ultimately take place. I represent the feeling of a great majority of the ratepayers of Ireland, of all classes and creeds, in supporting the Lords Amendment.
Sir, we have just heard from the honourable and gallant Gentleman that he had an understanding with the right honourable Gentleman the First Lord of the Treasury that in the event of this Amendment being moved by the Lords it was to be at once acceded to. The honourable and gallant Gentleman takes good care that his views are placed before the proper quarter, and the consequence is that this Amendment is inserted at the will of the honourable and gallant Gentleman the Member for North Armagh, and those Members of the other House who agree with him. I do think, Sir, that the honourable and gallant Member has not taken the best course in bringing about that forgetfulness of the past which we, at all events, wish to see brought about. He tells us, in the first place, that he believes that, with two members, one would be elected representing each political party, but he takes to himself, or to those who agree with him all the best men in Ireland.
Quite so.
Sir, I thoroughly disagree with the honourable and gallant Member. If this be his view as to introducing harmony, I can hardly see it. I protest most strongly against this Amendment, and I hope that it will go to a Vote, and be rejected.
The House adjourned for the usual interval at 2.15.
I have opposed this proposal before, and although it looks like flogging a dead horse, I do wish to occupy the time of the Committee for a few minutes, in order to record my humble protest against the acceptance of this Amendment. I agree with what my honourable and gallant Friend says, that the larger cesspayers in Ireland are uneasy at what they conceive to be the prospect of having their pockets handed over to administrators chosen by the smaller cesspayers, but I think they are looking for a remedy in the wrong direction, and they seem to demand an artificial arrangement which would not meet the difficulty. What I regard as the very essence of this Bill is that everyone will be bound in his own interests to assist the operations of the county councils in every way, and the less we hear about religion and politics the better. I regret this Amendment, because I think it will now go before the people of Ireland, call it by what name you like, as an artificial arrangement to provide against what a certain class in Ireland fear. I must say I exceedingly regret in the first place that this Amendment was introduced in the House of Lords, and that the Government feel themselves compelled to accept it. Now, the origin of the Amendment is, I think, based on the interests of a very small handful of men in particular districts and under particular circumstances in Ireland. I do not think it has been brought forward on any general or broad grounds of policy at all. Those most active in local affairs in Ireland who occupy positions in particular districts as chairmen of boards of guardians argue from the interests of their particular districts up to a kind of general policy. I think they are making a mistake, and that they will find it out. I think, whatever the origin and cause of this proposal, the mode to which expression has been given to it in the Amendment is both illogical and unwise. If it be to secure the representation of the larger ratepayers—I will drop the word "landlord," as I do not wish to introduce any question of that sort—if it were based on a purview of the whole position it would come down to us with a proposal for dual constituencies for county councils. The county councils will, after all, be the most important bodies; they can interfere with the district councils, and therefore I cannot understand the position taken up by my honourable and gallant Friend and others who support this Amendment. Does it mean, and I very much regret it if it does, that the larger ratepaying class have abandoned all hope of being represented on the county councils? If it does not, why come down to the district councils to obtain representation by an artificial arrangement? I cannot too strongly emphasise that. If your contention is that, unless you have some special arrangement under the Bill with regard to constituencies, you will have no representation on the district councils, then it appears to me you have abandoned all idea of serving on the county councils, which, I think, is to be deplored. You say, "Give us this dual representation on the district councils, and we will get in and have that influence and power which belongs to the larger cesspayers." But does the Committee realise what this means? If, on the one hand, you abandon all idea of being represented on the county councils, and are content by a side arrangement to be represented on the district councils, what will be the position? The larger cesspayers are to have very considerable interest in the district councils and are to have none in the county councils, and by that means friction will be set up between the two bodies, each represented by a different class. Therefore I think that the policy which has resulted in this Amendment is very short-sighted. I quite recognise that one may protest in vain in this House. I quite see the position the Government are in, but if it comes to a Vote, which I do not suppose it will, I shall certainly vote against the adoption of this Amendment, because I feel so strongly the confusion of ideas and the narrowness of view by which it has been formed. In conclusion, I think you are placing the larger cesspayers in Ireland in a very difficult position by this Amendment. I think the history of its introduction in the House of Lords and its acceptance by this House will be taken from one end of Ireland to the other as an attempt to coerce the judgment of the electors, and I fear it will have the effect of starting the Bill on wrong lines. I believe myself that most people in Ireland, whether they be large or small ratepayers, do not fully realise the change this Bill is going to make in the local government of Ireland. They are full of perplexity and doubt, and some uneasiness, and I think that is a very unhealthy feeling for all classes in Ireland in which to set to work on this Bill. But by this Amendment you hoist once more the flag of class, and in that way confuse the issue, and instead of the people taking the position as a pure matter of business there will be party elements, class elements, and even religious elements. That is to be deplored. I ask myself what is to be the attitude of those in Ireland who really and sincerely wish that this Bill may bring about a new state of things, and may bring class and class together to transact business without friction or strife? I think the position win be a difficult one. What will be the tendency of the Press, which has enormous influence in Ireland, and which is being worked in such watertight compartments that really each section only represents the narrowness, of particular views. One section of the Press will rejoice that the Lords have at the last moment raised up safeguards in the interests of a certain class, and other sections of the Press will say that this is an attempt to force on them representatives they did not want, and who ought to be opposed, and so I fear it will result in a condition of things not in the interests of the country. I think it is the duty of every patriotic man in Ireland who is presumably provided with a seat by this Amendment—I say it with all humility—to co-operate with those who entirely differ from him, and that he should only come forward with the Knowledge and assurance that the rest or the community desire him to stand. That is the only position he ought to take up. I thought it would be a fair field and no favour. I certainly expected that in most parts of Ireland what is called the grand jury class might not at first obtain representation, but I thought, if they were wise and if they gave all the assistance they could to their fellow-citizens who had not the same experience and opportunity, that they would ultimately obtain representation. I think this duty is clear. I think the best course for the grand jury class, who really desire to benefit the country under the new state of things, is to co-operate with their fellow-countrymen in finding capable business men, and to give them all the assistance they could outside. They cannot get on themselves under present circumstances at all events, but with their better education and wider experience they should assist others in making the machinery work, and I am quite certain that the time will come, despite this Amendment, which I regret and deplore, when we shall all be working together to make this Bill work well.
Sir, in approaching this question of single-member divisions, I would say I was a very strong opponent in 1884 and 1885 of the transaction which took place in the year between the Marquess of Salisbury on the one hand and the right honourable Gentleman the Member for the Forest of Dean on the other, whereby the whole of England, Scotland, and Ireland, with the exception of a few double-member boroughs, were carved out into single-member districts. I think I voted against the Third Reading of that Measure, because I know the single-member division was constructed by Lord Salisbury purely as a Conservative device, in order to prevent the popular classes from having their due weight in the country. Our House of Lords, for some reason best known to themselves, have now swung round in Ireland to the very opposite extreme, not as regards county councils, but as regards district councils. The first observation I would like to make with reference to this Amendment, which was so strongly opposed by some of my honourable colleagues, is to remind them that they have assented, as regards towns, to a far more sweeping proposition, because by giving our assent to the fact that town councils shall go out en masse what have we done? We have provided not for two-member constituencies, but for three-member divisions, whereas we know the very acme of political science would be to have a single-member division only. Well, Sir, I have always been against single-member divisions, and I remain an unrepentant sinner, and consequently, when the House of Lords, in their legislative wisdom, have inserted in this Bill a proposal for two-member divisions, without any regard whatever to such questions as have been raised, I feel it my duty to give their Lordships—but for this train and trip only, as the American tickets observe—my hearty support. I should like to say one word on the general merits of this question. I feel that there is a great deal of force in what the honourable Baronet the Member for Yarmouth has said. I think, to a large extent, he is right in his view. I think he has much more senses—if he will allow me to discriminate between two such pillars of the State as himself and the Member for Armagh—I think he has much more sense than the Member for North Armagh, and therefore, perhaps, I may be excused for differing in this matter from the honourable and gallant Gentleman the Member for North Armagh, having regard to the bearing of this Amendment upon the fortunes of the Conservative Party in this House. In a few years, owing to the infinite mercy of Providence, we shall all be dead and in our graves, and that being so, I look at this Measure, not from the point of view of what is going to happen in the country in the next eight or ten years, but from the point of view that we are building up a system for all time. Feeling, as I do, that in this Amendment there is some chance for those having different opinions from those we ourselves hold being brought into these boards, and believing, as I do believe, that the proper course for a Nationalist Irishman is to try and abolish all grievances existing between one class and another, believing that when we do that the country will see that it is their true interest to make an amalgamation for a national government in that country, and that the bringing together of different sections on these boards is the best way to dissipate ill-feeling and class distinction—for that reason I think I may regard this Amendment as being highly in the interests of the Nationalist Party in Ireland. Well, Sir, there is one objection which has been, named, which, of course, I admit to some extent. It is said, "Oh! you overman these boards." That is to some extent true. But I do not follow the argument that when you have to rely upon the common people you get an unintelligent class. If you want to find intelligence you must go to the poorer classes. If you take all the men of intelligence and education who form the boards of the railway companies and banks of the country—all these are the greatest fools in the country. When you want to get real political intelligence you must go to the people, the flannel jackets; and I venture to say that if the result of this Amendment be to put two men in flannel jackets on any board of guardians instead of one, I do not think the board of guardians will suffer. So much for the general merits of the question. May I now descend from this high level of politics to discuss vulgar detail? Sir, this Amendment, as I understand, creates a curious technical distinction between towns and the country. If anyone will look at the beginning of the Amendment they will see it is only to affect a rural district. If you look at the next clause—clause 24—you will find that in any urban district the guardian for any district electoral division shall be elected by the local government electors for that division. Sir, it appears to me, therefore, that the result of this Amendment will be that in rural districts you will have double-member constituencies, and therefore give double the number of guardians in urban districts. I take the case of Dublin, or the case of Cork. Sir, I should like to know, is not the result of this Amendment this: that whereas you double the number of guardians outside in the rural areas, the city districts will be left with their existing complement of members? Am I right or am I wrong in that?
I propose to disagree with the Lords' Amendment a few lines lower down and that makes the thing right.
Of course that knocks the bottom out of my last argument.
Sir, circumstances prevented my being in the House when this question was brought on before, but I took occasion to read very carefully what was then said, so far as it was reported, and I have listened to the course of this Debate, and the result is to confirm what I gathered took place on the former occasion, and to confirm my opinion in favour of the Amendment. I cannot say I think it is of the utmost importance. I do not think it will make much difference one way or the other. I deprecate altogether the argument of the honourable Member for East Mayo, and the honourable Member for Yarmouth, that this provision will excite party passion, party vehemence, and religious strife, and result in the introduction of the worst feelings into the election of boards of guardians. Now, there is no machinery in this Amendment to give a minority a member at all. It is purely a matter of practical expediency. Are you likely to have a better board with two members allotted to each division, or if you have only one? I should have thought in this matter we might nave been guided by the light of experience, and we have had a large experience of this country of the result of double representative constituencies. An honourable Member referred just now to the fact that some of the English constituencies are still represented by two members. What is the practical effect of that circumstance in the composition of this House, and the representation, in the shape of members, there? It very often happens that where a constituency is very nearly equally divided, the effect is to return a member of each party, reducing, it might be said, the effective vote o that constituency to really nothing, but introducing into the House of Common two members, both representatives of the local feeling, and really ensuring a much fuller representation of local feeling. But that was not the general effect. The general effect was, not to bring in two men of different parties, but two men of the same party, but with this very material difference, that they represented different shades of opinion of the same party. Thus, if you had a moderate Liberal and an advanced Liberal, you had a better representation of the same constituency. I apply this to the proposed constituencies which will have to elect the members on the boards of guardians in Ireland. You will not often find, if the contests are to be waged on party lines, one representative of one party, and another representative of the other party, brought in as members of the boards of guardians. Every Nationalist is not an exact duplicate of another Nationalist.
Hear, hear!
There are differences of temperament, and you will find, even in those constituencies where both members are Nationalists, the same members are somehow or other complementary to one another.
Not always.
No, not always—supplementary. You will find it in this way: you will have a man who is more akin to the priesthood coming in with another, who is more indifferent to the priesthood. So also in those parts where there is Conservative representation. You will have a diversity in the contribution of the sentiment and feeling of the neighbourhood to the boards of guardians—to the improvement of the boards of guardians. We have, as I say, experience of the thing, in history and in this. House, and that experience is wholly confirmatory of the argument I am now using as to the advantage which is secured by double-member constituencies. I think boards of guardians will be improved in Ireland by the two members. Now, as to the representation of the ex officio guardians. If the honourable Member for Mayo is going to excite feeling in Ireland, if he is going to denounce or attempt to bully the electorate, or control them, he may, of course, excite feelings which will defeat the good results which might otherwise accrue. But the machinery of the Bill lends no power for doing it. It only enables the electorates in particular divisions to have the good fortune to return two members instead of one. Now, suppose you have got in the division a gentleman who has already served—you have in relation to the board of guardians, an ex-officio member who may have done good work. If he is able to appeal, not as ex-officio, not as a landowner, not as a person belonging to the rich classes, but if he comes forward and appeals for election as a man knowing some of the duties, and as one who is determined to give the best of his ability and time and leisure to the conduct of rural affairs, the answer he might receive to-day is: We should be glad to elect him, but we cannot refuse to elect our old member, who has done well. But a man might come forward in that way in the future, as a man on his own merits, not as the representative of a class; and I have some confidence they will not refuse to elect such men. In the same way I lay considerable stress, in relation to this matter, on the point urged by the honourable Member for Armagh—the introduction of women to boards of guardians. You will be able to bring in all their knowledge, their care, their abilities, their special qualities, very easily, by means of this proposal. I acknowledge fully that there is a possible difficulty in the suggestion of over-manning the boards of guardians. You may make them too big, and find difficulty in preserving order; but, as far as I can make out, that is not very serious. Boards of guardians have been, pretty big, and I do not think there will be any overcrowding, such as is conceived. I think the guardians, those elected, will be able to work together with perfect harmony. On the whole, I confess I feel great satisfaction in the fact that the Lords have introduced this Amendment, and that the Amendment, as I hope, will receive the approval of this House. I join with the honourable and learned Gentleman the Member for Louth in regretting that the same was not adopted with respect to the county councils, but I am content to have the experiment, so far as it goes. We have not got to the bottom of local government. It is clear, from the changes that have been made in the electorate of governing bodies of towns, we are still in the experimental stage, and this is an experiment from which I expect the best possible results, especially if it is approached in a calm, business-like way, and it is not put to the people as an attempt to secure privileges for a class.
Considerable weight, Mr. Speaker, latterly attaches to the opinions of the right honourable Gentleman who has just sat down upon all questions of representation; but, Sir, personal observation and inquiry in Ireland satisfy me that the majority of the Irish people do not hold the views that he has just expressed in this particular matter. On the contrary, Sir, I feel confident that the unfortunate decision which the Government have arrived at, to accept this Amendment, will be received with a very general feeling of regret among all classes in Ireland. In my humble judgment, doubling the numbers of these district councils will not only entail a large amount of additional trouble upon the localities concerned, and make these bodies inconveniently cumbrous and unwieldy, but, Sir, the knowledge that this provision has been inserted with the deliberate intention of conferring an artificial advantage upon a particular class is certain to provoke political friction; for, Sir, such an Amendment as this, coming from such a quarter, will most certainly lie interpreted in Ireland as a direct invitation to place politics in the forefront of these elections. Therefore, Sir, if the Irish grand jury class really desire that politics should be kept in the background in these contests, which, I venture to think, should be their aim and object, in their own interests, no method, Sir, could have been adopted more likely to defeat that object. Now, Sir, as my honourable Friend the Member for East Mayo has pointed out, some of the grand jurors in Ireland have recognised this fact, and are strongly opposed to any such proposals. For instance, Sir, the grand jury of the county of Cork, by far the largest and most important county in Ireland, have unanimously passed a resolution condemning double-barrelled representation. For myself, Sir, I should be sorry to see the resident Irish gentry excluded from seats upon any of these new councils. There are many resident gentlemen in the county of Cork, some of them in my own constituency, whose assistance would be very valuable, and whose services, should they be tendered, will, I trust, be available. But, Sir, speaking as a resident Irishman, with some knowledge of the Irish character, I am convinced, Sir, that this result would be more satisfactorily obtained by putting confidence in that spirit of fair play which is so strong a characteristic of the Irish people, and not, Sir, by encouraging and inciting them to perpetuate political animosities, and to class distinctions, by setting up a worthless and fictitious safeguard, which cannot fail to prove a permanent source of irritation, because, Sir, it will be regarded, and rightly regarded, by my fellow countrymen, as further evidence that this British Parliament places no reliance upon their sense of justice and
AYES.
| ||
| Arnold-Forster, Hugh O. | Fry, Lewis | Murray, Col. W. (Bath) |
| Arrol, Sir William | Garfit, William | Myers, William Henry |
| Atkinson, Rt. Hon. John | Giles, Charles Tyrrell | Newdigate, Francis Alexander |
| Bagot, Capt. J. F. | Godson, Sir A. Frederick | Nicholson, William Graham |
| Balcarres, Lord | Gordon, Hon. John Edward | Nicol, Donald Ninian |
| Baldwin, Alfred | Gorst Rt. Hon. Sir J. E. | O'Brien, Patrick (Kilkenny) |
| Balfour, Rt. Hon. A.J.(Manc'r) | Goschen,RtHn.G.J.(St.G'rg's) | O'Connor, Arthur (Donegal) |
| Banes, Major George Edward | Goulding, Edward Alfred | Phillpotts, Captain Arthur |
| Barnes, Frederic Gorell | Gray, Ernest (West Ham) | Pierpoint, Robert |
| Bartley, George C. T | Greville, Captain | Powell, Sir Francis Sharp |
| Barton, Dunbar Plunket | Hanbury, Rt. Hon. R. W. | Pryce-Jones, Lt.-Col. Ed. |
| Bathurst, Hon. A. Benjamin | Haslett, Sir James Horner | Purvis, Robert |
| Beach,Rt.Hn.SirM.H.(Brist'l) | Healy, T. M. (Louth, N.) | Richardson, Sir T. (Hartlep'l) |
| Blundell, Colonel Henry | Heath, James | Ridley, Rt. Hon. Sir M. W. |
| Bond, Edward | Hermon-Hodge, Robert T. | Roche, Hon. James (E. Kerry) |
| Brodrick, Rt. Hon. St. John | Hill, Arthur (Down, W.) | Russell, T. W. (Tyrone) |
| Cecil, Evelyn (Hertford, E.) | Hill, Sir E. S. (Bristol) | Saunderson, Col. E. James |
| Cecil, Lord H. (Greenwich) | Howard, Joseph | Scoble, Sir Andrew Richard |
| Chaloner, Captain R. G. W. | Hutton, John (Yorks, N.R.) | Sharpe, William Edward T. |
| Chamberlain, J. A. (Worc'r) | Johnston, William (Belfast) | Sidebotham, J. W. (Cheshire) |
| Chaplin, Rt. Hon. Henry | Knox, Edmund Francis Vesey | Sidebottom, W. (Derbyshire) |
| Charrington, Spencer | Lafone, Alfred | Sinclair, Louis (Romford) |
| Cochrane, Hon T. H. A. E. | Laurie, Lieut.-General | Skewes-Cox, Thomas |
| Coghill, Douglas Harry | Leigh-Bennett, Henry Currie | Stanley, Lord (Lancs) |
| Cohen, Benjamin Louis | Llewelyn, Sir D. (Swansea) | Stone, Sir Benjamin |
| Collings, Rt. Hon. Jesse | Lockwood, Lt.-Col. A. R. | Sullivan, Donal (Westmeath) |
| Courtney, Rt. Hon. L. H. | Long, Col. C. W. (Evesham) | Verney Hon. Richard G. |
| Cranborne, Viscount | Long, Rt. Hon. W. (Liverp'l) | Webster, Sir R. E. (I. of W.) |
| Curran, Thomas B. (Donegal) | Loyd, Archie Kirkman | Welby, Lieut.-Col. A. C. E. |
| Curzon, Viscount (Bucks) | Macaleese, Daniel | Whiteley, George (Stockport) |
| Denny, Colonel | Macartney, W. G. Ellison | Williams, J. Powell (Birm.) |
| Douglas, Rt. Hon. A. Akers | Maclure, Sir John William | Willox, Sir John Archibald |
| Drucker, A. | McArthur, C. (Liverpool) | Wilson-Todd, W. H. (Yorks) |
| Duncombe, Hon. Hubert V. | McKillop, James | Wodehouse, Rt. Hn. E.R.(Bath) |
| Fellowes, Hon. A. Edward | Mellor, Colonel (Lancashire) | Wortley, Rt. Hon. C. B. Stuart- |
| Fergusson,RtHn.SirJ.(Manc'r) | Milton, Viscount | Young, Commander (Berks, E.) |
| Field, Admiral (Eastbourne) | Monk, Charles James | |
| Fisher, William Hayes | More, Robert Jasper | TELLERS FOR THE AYES— Sir William Walrond and Mr. Anstruther. |
| Flower, Ernest | Murray, Rt. Hn. A. G. (Bute) | |
| Foster, Colonel (Lancaster) | Murray, C. J. (Coventry) | |
toleration. I therefore, Sir, strongly, deeply, regret that the Government have decided to accept this Amendment.
Sir, what the honourable and gallant Member said does not appeal to my mind as bearing upon the discussion. It is impossible to suppose that, by introducing a question of this kind, anybody who does not desire to take offence could have offence offered him. I heartily concur in what was say by the right honourable Gentleman the Member for Bodmin, that this will give an opportunity which nothing else will give to increase the number of women engaged in the administration of local affairs in Ireland.
The House divided:—Ayes 116; Noes 64.
NOES.
| ||
| Abraham, W. (Cork, N.E.) | Hayne, Rt. Hon. C. Seale- | Pickersgill, Edward Hare |
| Allen, W. (Newc.-under-L.) | Hogan, James Francis | Pirie, Duncan V. |
| Austin, M. (Limerick, W.) | Horniman, Frederick John | Power, Patrick Joseph |
| Baker, Sir John | Jameson, Major J. Eustace | Randell, David |
| Bayley, Thomas (Derbysh.) | Joicey, Sir James | Roberts, John B. (Eifion) |
| Blake, Edward | Jones, W. (Carnarvonshire) | Sinclair, Capt. J.(Forfarsh.) |
| Brigg, John | Lambert, George | Souttar, Robinson |
| Bryce, Rt. Hon. James | Lawson, Sir W. (Cumberland) | Steadman, William Charles |
| Caldwell, James | Lloyd-George, David | Ure, Alexander |
| Carew, James Laurence | MacNeill, John Gordon S. | Wallace, Robert (Edinburgh) |
| Causton, Richard Knight | McEwan, William | Wayman, Thomas |
| Cawley, Frederick | M'Ghee, Richard | Wedderburn, Sir William |
| Clark, Dr.G.B. (Caithness-sh.) | Maddison, Fred. | Williams, John C. (Notts) |
| Colomb, Sir J. C. Ready | M'Hugh, E. (Armagh, S.) | Wills, Sir William Henry |
| Colville, John | Maden, John Henry | Wilson John (Govan) |
| Condon, Thomas Joseph | Molloy, Bernard Charles | Woodall, William |
| Crombie, John William | Moss, Samuel | Woods, Samuel |
| Curran, Thomas (Sligo, S.) | Nussey, Thomas Willans | Yoxall, James Henry |
| Dalziel, James Henry | O'Brien, J. F. X. (Cork) | |
| Davitt, Michael | O'Connor, T. P. (Liverpool) | TELLERS FOR THE NOES— |
| Doogan, P. C. | O'Kelly, James | Mr. Dillon and Captain Donelan. |
| Fitzmaurice, Lord Edmond | Paulton, James Mellor | |
| Harwood, George | Perks, Robert William | |
Amendments proposed—
"Line 37, leave out from beginning of line to end of line 39."
"Line 40, after 'give,' insert 'in a district electoral division.'"
"Page 20, line 13, leave out 'election of,' and insert' choosing.'"
"Page 20, line 25, after 'Act,' insert 'but subject as hereafter provided by this Act.'"
"Page 20, line 25, after 'be,' insert 'during the term of and.'"
"Page 20, line 27, leave out 'division,' and insert 'district.'"
"Page 20, line 28, leave out 'divisions,' and insert 'districts,' and in same line, before 'district,' in each case, insert 'county.'"
"Page 20, line 31, leave out from 'of to 'shall,' in line 33, and insert 'the commissioners of any town.'"
"Page 20, line 34, after 'Act,' insert 'but subject as hereafter provided by this Act.'"
"Page 21, line 12, after 'the,' insert 'expense of the.'"
"Page 22, line 10, after 'by,' insert 'an order of.'"
"Page 22, line 21, leave out 'revision in,' and insert 'alteration of financial relations in Part Four of.'"
"Page 22, after clause 31, insert clause (B)—
"(B) There shall be transferred to every urban and rural district council the business of the board of guardians under section one hundred and fifty of the Public Health Act, 1878 (which relates to the execution of the regulations made when Ireland appears to be threatened by any formidable epidemic, endemic, or infectious disease), or under any enactment amending or extending that section, and section three of the Epidemic and Other Diseases Prevention Act, 1883, shall be repealed."
"Page 24, line 11, leave out 'rural.'"
"Page 27, line 37, after 'district,' insert 'or for adding an urban sanitary district to a rural sanitary district, or for enlarging the boundaries of an urban county district.'"
"Page 28, line 18, after 'county,' insert 'at large.'"
"Page 29, line 29, after 'county,' insert 'or other.'"
"Page 29, line 43, after 'Act,' insert 'or in the case of money derived from trust funds, then by the specific trusts affecting those funds.'"
"Page 30, line 2, after 'union' insert 'urban.'"
"Page 30, line 10, after the first 'union,' insert 'urban.'"
"Page 31, line 19, after 'and,' insert '(iii.) In respect of urban charges; and.'"
"Page 31, line 26, after the first 'and,' insert 'urban or.'"
"Page 35, insert clause 54 after clause 51."
"Page 36, line 24, after 'shall,' insert 'except where under the terms of his contract he is not entitled to make any deduction from his rent in respect of rates.'"
"Page 37, line 16, after 'council,' insert 'including the town clerk of a county borough.'"
"Page 37, line 23, leave out 'secretary of the county council,' and insert 'said secretary.'"
Amendments agreed to.
Amendments proposed—
"Page 38, line 1, leave out 'the fair rent for a holding, 'and insert 'a fair rent in a rural district.'"
"Page 38, line 9, after 'rate,' insert 'and where the Land Commission after the appointed day fix a fair rent for a holding, they shall record in the schedule specified in section one of the Land Law (Ireland) Act, 1896, the standard amount as defined in the preceding section both for poor rates and county cess, and the benefit in respect of the holding deemed to have been received by the landlord and tenant respectively out of the agricultural grant.'"
I venture respectfully to say that this Amendment is ridiculous. In the first place it is wrong, because it does not include the county councils, and it should run, "or a fair rent, as fixed by the county court judge for a holding." And when we come to the bottom of the Amendment to say that they shall regard the benefit in respect to the holding as deemed to have been received by the landlord and tenant respectively out of the agricultural grant, is nonsense. The amount to be received out of the agricultural grant, whether it be 6s. 8d. or £1 6s. 8d., is actually received; there is no deemed to be received about it. It is a question of cash coming out of the pocket of the public and going into the private pocket of an individual. There is no deeming about it. There is some catch about these Amendments. It is a most remarkable thing that the House of Lords is always so anxious to interfere with anything they think will operate at all against their own interests.
Amendments agreed to.
Amendments proposed—
"Transpose clause 54 to follow clause 51."
"Line 18, after 'made,' insert—
"Provided that the foregoing provisions of this section shall not apply to a rate under a local Act in any county borough, if the council of that borough by a majority of not less than two-thirds of the members present at a meeting specially summoned for the purpose so resolve."
"Page 39, line 26, leave out 'light.'"
"Page 41, line 37, leave out 'two counties,' and insert 'more counties than one.'"
"Page 43, line 26, after 'loan,' insert 'raised.'"
"Page 43, lines 27 and 28, leave out 'relating to the relief of the poor,' and insert 'above in this section mentioned.'"
"Page 45, line 6, leave out 'took place,' and insert 'came into force.'"
"Page 45, line 15, after 'area,' insert 'within the meaning of the Dublin Port and Docks Board and Bridges Act, 1876.'"
"Page 45, line 17, leave out 'appeal,' and insert 'revision of the apportionment.'"
"Page 46, line 28, leave out 'either by a separate rate or.'"
"Page 46, line 29, after 'charge,' insert 'but a council in lieu of raising the amount required to meet the same by means of the poor rate may, if they think fit, raise it by levying a separate rate.'"
"Page 49, line 21, leave out 'or,' and insert 'whether in making an order or in confirming an order made by a county council, and in the exercise of.'"
"Page 49, line 22, after 'order,' insert 'district electoral divisions or.'"
"Page 49, lines 25 and 26, leave out 'so far as conveniently may be,' and insert 'except in any case where the preservation thereof would cause substantial inconvenience.'"
"Page 50, line 29, at end of clause add as a fresh sub-section—
"Such changes in the Ordnance map as appear to the Lord Lieutenant in Council to be rendered necessary by this Act, or any Order in Council made thereunder, shall be made through the Commissioner of Valuation in manner directed by the Lord Lieutenant in Council."
"Page 51, line 34, leave out the first 'the,' and insert 'those.'"
"Page 51, line 36, after 'Acts,' insert '1871 to 1894.'"
"Page 54, line 15, after 'justice,' insert 'or the discharge of his or their duties.'"
"Page 55, after 'urban,' insert 'county.'"
"Page 55, line 14, leave out 'general.'"
Amendments agreed to.
Amendment proposed—
"Page 56, line 11, after 'shall,' insert 'without prejudice to the reasonable use thereof for any purpose connected with navigation.'"
I am going to suggest to Her Majesty's, Government that they should leave out the word "reasonable" with reference to the canals; "use" is quite sufficient. The canals are far more important than the trackways.
I fail to see that any injury can be done by the insertion of the word "reasonable." I fail to see that any harm can be done by saying "the reasonable use of a canal.
The Amendment was agreed to.
Amendments proposed—
"Page 57, line 1, after 'this,' insert 'or any other.'"
"Page 58, line 36, after 'surveyor,' insert 'or surveyors.'"
"Page 59, line 39, leave out from 'council' to the end of the sub-section."
Amendments agreed to—
Amendment proposed—
"Page 61, line 34, after clause 84, insert clause (C)—
"(C) An officer holding a pensionable office, whether the superannuation allowance is payable out of the poor rate, or any town rate, or other local rate, shall not be disqualified for receiving such an allowance by reason only of his having acted, whether before or after the passing of this Act, as an officer of a school attendance committee under the Irish Education Act, 1892."
I suggest to the Government that, although this Amendment is in many ways desirable, it is so drafted as to cast a reflection upon a considerable number of persons in other offices. I think it is undesirable to throw a reflection upon such a large body of officers, and trust the Government will see their way to amending this in some way.
Amendment proposed—
"Page 62, lines 7 and 8, leave out 'the regulations made by this section or.'"
Question put.
Agreed to.
Amendment proposed—
"Page 62, line 16, after 'Dublin,' insert 'or of any urban district within the county of Dublin.'"
Question put.
Agreed to.
Amendment proposed—
"Page 63, line 12, leave out 'tramway.'"
"Leave out clause 90, and insert clause (D)—
"(D) Section thirty-eight of the Tramways (Ireland) Act, 1860, shall have effect as if the words 'of not less than two-thirds' were omitted therefrom."
Question put.
Agreed to.
Amendment proposed—
"Page 64, line 1, after 'in,' insert 'the council of,' and leave out 'council.'"
Question put.
Agreed to.
Amendment proposed—
"Page 65, lines 12 and 13, leave out 'ordinary day of retirement of the mayor,' and insert 'twenty-third day of February.'"
Question put.
Agreed to.
Amendment proposed—
"Page 65, line 14, leave out 'section,' and insert 'sections three and.'"
Question put.
Agreed to.
Amendment proposed—
"Page 65, line 15, after '1876,' insert 'and the day next before the day of the said quarterly meeting shall be substituted for the thirtieth day of November in section five of the said Act.'"
Question put.
Agreed to.
I Amendment proposed—
"Page 65, line 16, after 'or,' insert 'other.'"
Question put.
Agreed to.
Amendment proposed—
"Page 66, line 6, after 'peace,' insert—
"(2) Every such chairman who is by virtue of this Act a justice of the peace shall, in his capacity of justice, but not otherwise, notwithstanding anything in the other provisions of this Act, be subject to the same restrictions, disqualifications, and power of removal by the Lord Chancellor as any other justice of the peace."
Question put.
Agreed to.
Amendment proposed—
"Page 66, line 11, after 'secretary,' insert 'or clerk.'"
Question put.
Agreed to.
Amendment proposed—
"Page 66, line 29, after 'made,' insert 'in like manner.'"
Question put.
Agreed to.
Amendment proposed—
"Page 67, line 11, after 'period,' insert'—
"(2) In a district electoral division comprised in a Parliamentary borough in which the freeholders vote for the Parliamentary county and not for the Parliamentary borough, the names of the freeholders, that is to say, the persons entitled in respect of a freehold, leasehold, or copyhold qualification within the Parliamentary borough, shall be entered in a separate list, and that list shall form part of the local government supplement in the said division; but nothing in this enactment shall alter the right of such freeholders to vote for the Parliamentary county, or confer on them a right to vote at a Parliamentary election for the Parliamentary borough."
Question put.
Agreed to.
Amendment proposed—
"Page 72, line 7, after 'to,' insert—
"(a) The making of registers of electors according to street order."
Question put.
Agreed to.
Amendment proposed—
"Page 74, line 8, leave out 'town and township commissioners,' and insert 'commissioners of a town.'"
Question put.
Agreed to.
Amendment proposed.—
"Page 76, line 28, after 'thereof,' insert—
"The expression 'revising banister' has the same meaning as the Parliamentary Registration (Ireland) Act, 1885.
"The expression 'high constable or collector of a barony' includes a collector for a district of a barony appointed under the County Cess (Ireland) Act, 1848."
Question put.
Agreed to.
Amendment proposed—
"Page 76, line 34, leave out 'for,' and insert 'in respect of.'"
Question put.
Agreed to.
Amendment proposed—
"Page 77, line 22, after 'district,' insert 'division.'"
Question put.
Agreed to.
Amendment proposed—
"Page 78, line 15, after 'passed,' insert—
"The expression 'Medical Charities Acts' means the Acts so defined by the Dispensary Houses (Ireland) Act, 1879, and includes the-last-mentioned Act."
Question put.
Agreed to.
Amendment proposed—
"Page 80, line 18, leave out 'one councillor,' and insert 'two councillors.'"
Question put.
Agreed to.
Amendment proposed—
"Page 80, line 20, leave out 'shall at the first election have,' and insert 'may at the first election give.'"
Question put.
Agreed to.
Amendment proposed—
"Page 80, line 33, leave out 'and township.'"
Question put.
Agreed to.
Amendment proposed—
"Page 80, line 36, after 'district,' insert 'and of commissioners of each town.'"
Question put.
Agreed to.
Amendment proposed—
"Page 81, line 2, leave out 'borough,' and insert 'of a city or town.'"
Question put.
Agreed to.
Amendment proposed—
"Page 81, line 33, after 'matter,' insert 'other than one affecting qualification.'"
Question put.
Agreed to.
Amendment proposed—
"Page 82, line 4, after 'Act,' insert 'and the rules made thereunder.'"
Question put.
Agreed to.
Amendment proposed—
"Page 83, line 27, after 'remuneration,' insert 'allowance or compensation.'"
Question, put.
Agreed to.
Amendment proposed!—
"Page 83, line 38, leave out 'one month,' and insert 'six weeks.'"
Question put.
Agreed to.
Amendment proposed—
"Page 84, line 12, after 'officer,' insert 'who can be employed under this scheme.'"
Question put.
Agreed to.
Amendment proposedl—
"Page 85, line 5, after 'of,' insert 'or for the purposes of.'"
Question put.
Agreed to.
Amendment proposed—
"Page 85, line 28, after 'Act,' insert 'provided that any county or district council may, subject to the approval of the Local Government Board, make a special agreement with any of such existing officers respecting the terms and conditions on which he may continue to hold his office, and the remuneration which he shall receive therefor.'"
Question put.
Agreed to.
Amendment proposedl—
"Page 87, line 28, insert 'except as respects a medical officer to whom the Medical Officers' Superannuation (Ireland) Act, 1869, applies.'"
Question put.
Agreed to.
Amendment proposed—
"Page 88, line 7, leave out from 'under' to 'of,' in line 8, and insert 'a scheme made in pursuance of this Part.'"
Question put.
Agreed to.
Amendment proposed—
"Page 91, leave out lines 7 to 12."
"Page 91, line 15, after 'forty,' insert 'so far as unrepealed.'"
Question put.
Agreed to.
Amendment proposed.—
"Page 93, line 19, after 'cork,' insert 'Galway.'"
Amendment proposed—Page 95, after line 6, insert—
| 41 & 42 Vict. c. 26 | … | The Parliamentary and Municipal Registration Act, 1878 | Section twenty-one. |
Question put. Agreed to.
Amendment proposed—Page 95, after line 20, insert—
| 51 & 52 Vict. c. 10 | … | The County Electors Act, 1888 | Sub-section three of section four. |
Question put.
Agreed to.
Amendment proposed—
"Page 95, line 31, after 'seventy-four,' insert 'and.'"
Question put. Agreed to.
Amendment proposed—
"Page 95, line 32, leave out 'and,' and insert 'sub-section two of section seventy-six, section.'"
Amendment proposed—Page 97, after line 7, insert—
| 3 & 4 Will, 4 c. 37 | … | An Act to alter and amend the laws relating to the temporalities of the Church in Ireland | Section seventy-two. |
| 3 & 4 Will. 4 c. 78 | … | The Grand Juries (Ireland) Act, 1833 | Section seventy-four, from "Provided always" to the end of the section. |
Question put.
Agreed to.
Amendment proposed—
"Page 98, leave out line 11."
Question put.
Agreed to.
Question put.
Agreed to.
Amendment proposed.—
"Page 94, line 15, leave out from 'pawnbrokers' to 'plate,' in line 22."
Question put.
Agreed to.
Question put.
Agreed to.
Amendment proposed—
"Page 96, line 42, after '1872' insert 'The Tramways (Ireland) Act, 1860 to 1896.'"
Question put.
Agreed to.
Amendment proposed—
"Page 99, line 4, after 'to,' insert 'received to any.'"
Question put.
Agreed to.
Amendment proposed—
"Page 100, leave out line 55."
"Question put.
Agreed to.
Amendment proposed—Page 101, after line 34, insert—
| 11 & 12 Vict. c. 69 | … | The Malicious Injuries (Ireland) Act, 1848 | Section two from "Provided always that" to the end of the section. |
Question put. Agreed to.
Amendment proposed—Page 101, after line 38, insert—
| 16 & 17 Vict. c. 38 | … | The Malicious Injuries (Ireland) Act, 1853 | Section one from "Provided always that" to the end of the section. |
Question put. Agreed to.
Amendment proposed—Page 105, after line 42, insert—
| 39 & 40 Vict. c. 76 | … | The Municipal Privilege Act (Ireland), 1876 | Section four, from "the council of the city of Kilkenny" to "county of the town of Drogheda." |
Question put.
Agreed to.
Amendment proposed—
"Page 107, line 31, leave out from 'from' to 'and,' in line 33, and insert 'that no deduction on account of' down to 'provided also.'"
Question put.
Agreed to.
Amendment proposed—
"Page 107, line 40, leave out from 'to' to end of line 44, and insert 'from the rent paid by him.'"
Question put.
Agreed to.
Amendment proposedl—
"Page 108, line 41, leave out from 'eleven' to end of line 45."
Question put.
Agreed to.
Amendment proposedl—
"Page 109, line 36, after 'eleven,' insert the words 'not being more than sixty years and.'"
Question put.
Agreed to.
Amendment proposed—
"Page 112, lines 7 and 8, leave out 'and from "upon oath" to "administer."'"
Question put.
Agreed to.
Amendment proposedl—
"Page 112, line 25, leave out 'section forty-five.'"
Question put.
Agreed to.
Amendment proposed—
"Page 112, line 37, after 'thirty-six.' insert 'and in section thirty-eight the words "not less than two-thirds of."'"
Question put.
Agreed to.
Amendment proposed—
"Page 112, line 42, leave out from 'nineteen' to 'and' in line 46."
Question put.
Agreed to.
Amendment proposed—
"Page 114, line 9, leave out from 'charged' to 'section,' in line 11."
Question put.
Agreed to.
Amendment proposed—
"As a Consequential Amendment to the Bill, page 48, after clause 65, insert the following clause—
"The duties payable by pawnbrokers under section sixty-six of the Dublin Police Magistrates Act, 1808, and the Act therein mentioned, in any part of the police district of Dublin metropolis, shall be payable to and be collected by the council of the borough or county district where the place of business of the pawnbroker in respect of which the duties are paid is situate, and the amount so received by such council shall be applied in and of their expenses in the execution of this Act, and the receiver mentioned in the said section shall cease to have any concern with the said duties."—(Mr. Atkinson.)
I beg to move the Amendment.
Question put.
Agreed to.
This concluded the Amendments.
May I suggest to the Government that the Bill should be reprinted in its amended form at an early date. There is the greatest anxiety in Ireland to see the Bill in its final shape, and I am sure the right honourable Gentleman the First Lord of the Treasury will appreciate the force of my suggestion. Them, I wish to make a further suggestion. This Bill makes an enormous number of changes in the law, and it is very desirable indeed that a revised volume of amended Statutes should be brought out. I beg, in conclusion, to congratulate the Chief Secretary, whose absence through illness we all regret, and I also wish to congratulate the Irish Attorney General, whose action in regard to the Bill covers him with credit.
I think it is only right that I should say that, while I will do my best in the matter, I have no direct authority to make any promise as to the printing of the Bill. I regret that the Chief Secretary is not able to be present at the last stage of the Bill, but things have gone so smoothly that his absence has not been felt. Ordered, that Mr. A. J. Balfour, Mr. Attorney General for Ireland, Mr. Solicitor General for Ireland, Lord Edmond Fitzmaurice, Sir William Walrond, Lord Stanley, Lord Balcarres, and Mr. Dillon be the Committee, to draw up reasons for disagreeing to certain of the Lords' Amendments.
Elementary School Teachers (Superannuation) Bill
Considered in Committee [Mr. WODEHOUSE (Bath) in the Chair.]
(In the Committee.)
Amendment proposed—
Clause 1
"Page 1, line 12, after 'age,' insert 'if the teacher is a woman of sixty years, and if the teacher is a man.'"
*
In moving to reduce the age for the retirement and pension of female teachers from 65 years to 60, I need hardly say, Sir, that I am not actuated by any hostility to this valuable and important Bill. But, owing to the late period of the Session, the House has granted to the right honourable Gentleman the Vice-President a dispensation from making any such explanatory statement as, I believe, is usual at the Second Reading stage of a Bill of this complexity. That, Sir, is my excuse for occupying but a very few minutes of the time of the Committee in calling attention to this matter, which is one of very great interest to the parties immediately concerned, the female teachers throughout the country, and also of very great interest to those who believe that the efficiency of voluntary education is the primary object of this Bill. Now, Sir, it is obvious that the effect of a system of pensions is twofold. In the first place, it has the effect of eliminating and withdrawing from tuition those who have reached the prescribed age. In this respect the Bill will have valuable results, as it stands. But, on the other hand, a pension scheme has the effect of retaining in the ranks of the profession the teachers who have not reached that age. Now, what would direct the attention of the Vice-President to is this: is it desirable to hold out a strong motive to the women teachers, in the hope of getting their full pension, to hold on until they reach so advanced an age as 65 years? I am aware that there are disablement and breakdown clauses in this Bill, beginning at clause 2, which are very beneficial to a certain extent, but these breakdown clauses can only be put in force at the instance of the teachers themselves, and the female teacher in that case would have to "satisfy the Treasury" that she had become permanently incapable, owing to infirmity of mind or body, of being an efficient teacher. Well, Sir, that would not reach the case of a plucky but incompetent woman holding on for her full pension long after the time when, in the interests of education, it was desirable that she should retire. I hope, having compressed my remarks into the narrowest limits, I have left time for the Vice-President, if there are insuperable objections to this Amendment, to give us something more than a mere negative reply to my suggestion. I am sure any remarks or explanation he thinks fit to vouchsafe to us on this very important question will be received with very great interest, and I believe any such explanation when understood will add to and promote the satisfaction with which the Bill has been received throughout the country.
I think it would be impossible to introduce at this stage so far-reaching an Amendment as that proposed by my honourable Friend. No doubt the question of the age at which it is desirable to allow of retirement on superannuation is one that is open to consideration, and that has been fully discussed. A further alteration would upset all the calculations and arrangements which have been made, and the Bill would have to undergo great changes. I therefore hope my honourable Friend, who wishes well to the Bill, will not press his Amendment I would remind the honourable Member that the Bill contains a breakdown clause under which a teacher per- manently incapacitated would receive generous treatment.
I think there is a great deal in the criticiem of my honourable Friend, for the limit of 65 will be found in a great number of cases to be unnecessary.
I hope the House will allow me to repeat the regret which I expressed on the Second Reading that the age has been raised to 65 years. The Committee carefully considered these cases, and as this is not a time of the Session for the reconsideration of financial proposals, I hope my honourable Friend will be content with simply making his Motion.
Amendment withdrawn.
I beg to move as an Amendment the omission of subjection 3, namely—
At this late period of the Session I quite recognise the inconvenience of raising a Debate that may occupy a considerable amount of time, but it is, I think, a matter of great importance to ascertain at this stage what is the real meaning and object of the Bill; and, therefore, I have put down this Amendment with the object of asking my right honourable Friend what is the meaning of the Bill. It is extremely difficult for an ordinary Member to find out what it means. I have done my best, with the assistance of some of my honourable Friends, to understand the meaning of this sub-section of which I move the omission. In the first place I should like to warn honourable Members that the "average emoluments" of teachers referred to in the first line of the sub-section does not refer to the average paid to any particular teacher, as anybody might imagine, but to the average emoluments of teachers as a whole. It is suggested by this subsection that where the average emolument of the teachers as a whole has increased since the year 1892, a larger contribution shall be exacted from the teacher, if the Treasury so orders, than was prescribed by the Bill. The first question that occurs is why the year 1892 is taken. The only reason, we can think of is that it was the year of the Report of the Select Committee. That does not appear to have anything to do with this provision, as certain Acts of Parliament passed since 1892 have modified or increased the emoluments of teachers, and therefore I do not understand why the year 1892 was taken. I should like to point out with regard to this clause that it gives an option to the Treasury to increase the amount of contribution by the teachers whenever it is found that their average emolument has been increased. Why is that proposal made? I confess I have great difficulty in understanding it. It might be argued that the Voluntary Schools Act has increased the emoluments of teachers, but that is no reason for increasing the contribution of teachers to the superannuation fund. I must point out that this Bill practically leaves it in the hands of school boards to raise the contribution of every teacher throughout the country. Why should that be so? Why, for instance should we allow the London School Board, if it chooses, to increase the amount of its teachers' salaries, with the result that every teacher throughout the country will be obliged to make a larger contribution to the superannuation fund than if the London School Board had no done so? That appears to me to be an absolutely indefensible proposition, and I shall be very glad if the right honourable Gentleman will do me the favour of explaining why the Government have made it."If the Education Department find that the average emoluments of the certificated teachers of either sex calculated in the prescribed manner exceed by 10 per cent, the average amount of those emoluments as stated in the Report of the Education Department made in 1892, they shall certify accordingly to the Treasury, and the Treasury may by warrant increase the rate of contribution of the teachers of that sex to the deferred annuity fund under this Act by an amount not exceeding 5s. a year for each full 10 per cent, of the excess."
I should like to ask the Vice-President of the Council whether, in calculating the average of the emoluments of the teachers, he has included the salaries paid to the teachers in the higher-grade schools, part of which is paid out of the rates and part, by the Science and Art Department. I maintain that that should not be done under this Bill, and if those salaries are included an injustice must be done to teachers in the country Board schools, as they will be required to contribute a higher rate than they should properly be called upon to pay.
In reply to the honourable Member, who asks whether, in calculating the average of the emoluments, we included the salaries paid to the teachers partly by the Science and Art Department, I have to say that, in fixing the contributions which teachers will pay to the superannuation fund, the salaries of certified teachers in respect of their services in public elementary schools will be distinguished from the salaries received from the Science and Art Department by teachers in higher-grade schools. The noble Lord asks why the year 1892 was taken. It was taken because that was the date to which all the Departmental calculations related, and the teachers' contributions towards the superannuation fund will be one-fortieth of the average salaries received by them at that date. Well, now, I do not think the noble Lord need be alarmed by the possibility of the great school boards materially increasing the average salaries of their teachers. Even if the London School Board were to do so, the clause to which he objects would not have any practical operation until the average salary was raised 10 per cent., and no single school board not even that of London—could effect a rise of so much. What is much more likely to cause a rise in the average emoluments of the teachers is putting a stop to the small salaries of £30 and £35, and so on, received by many teachers in country districts. I think the Voluntary Schools Act will put an end to them, but the contribution of the teachers has been fixed at such an amount as teachers can be fairly expected in all ranks of the profession to pay. Of course, if the average salary of the teachers is increased it would be only fair that their contribution to the superannuation fund should be increased, so that they should get a larger pension, not out of the consolidated fund, but out of the result of the own contributions and thrift.
May I ask the right honourable Gentleman whether this Bill contemplates a general rise in teachers' salaries throughout the rural districts? Because, if so, I fear there would be an alarming increase in the expenditure, as there is great difficulty in getting teachers for rural districts on any terms.
I think the honourabl and gallant Member will see that the calculation does not involve an increase of the salaries of teachers, rural or otherwise, and the only thing the Bill provides is that if by extraneous means their salaries should be increased, their contribution to the superannuation fund should be raised. I do not think it is fair to ask me on the spur of the moment to explain the mode in which the Department will discriminate between the salaries of elementary school teachers and teachers in higher-grade schools.
I really must say that the right honourable Gentleman, having brought this Bill before the House, ought to be prepared to explain its details.
I bound to say that I think my honourable and gallant Friend has a right to receive an explanation of the rules which the Education Department and the Treasury will frame to carry out the Bill, which is a Supplementary Education Bill. I would remind my right honourable Friend that it has been usual that the machinery rules under a Bill of this kind should be laid upon the Table of the House for a certain number of days, and it seems to me that that course should have been followed in this instance. I do not desire to move an Amendment in this respect, but that makes it all the more reasonable that my honourable and gallant Friend should obtain an explanation from the right honourable Gentleman as to the principle upon which a distinction will be made between higher-grade and public elementary schools.
I thought I had stated very clearly the principle on which the rules will be made. There are some schools in this country which are clearly elementary schools, and the whole salary of teachers in those schools will be taken into consideration. But there are other schools which are partly elementary and partly higher-grade, and in those cases only the portion of the salary due for his services as an elementary school teacher will be taken into consideration, and what he receives as an art or science teacher will not be taken into account.
Amendment negatived.
I beg to move the Amendment which I have put on the Paper—
for the purpose or providing that the Report of the Education Department for 1892 with reference to the average emoluments of certificated teachers should be included in the Bill, in order to avoid the inconvenience, which is such a blot on our legislative system, of having to refer to one or more Acts of Parliament to make another clear. The document is one of great length, and it would, I think, be a great hardship to managers and teachers to be compelled to refer to it elsewhere, and therefore I propose that this document, which is referred to in the Bill, should be printed in the schedule."Page 3, line 4, after 'ninety-two,' insert 'printed in the schedule,'"
I only rise to make one observation—I refer to the teachers' difficulty in getting access to the document. My right honourable Friend has said they are always accessible; they are costly and troublesome, and I think it is most desirable that the effect of the clause should be made clear without reference to documents, which might not be easily procurable.
I should like to support the appeal to my right honourable friend who has charge of the Bill, to try o make it a Measure complete in itself.
Supposing you get an ascertained figure, surely that ascertained figure ought to be inserted without reference to a Report. It may be true that the teachers may very carefully ascertain what the average amount is, but there are a very large number of people, managers, and others connected with these school questions, who do not know the amount, and they will have difficulty in ascertaining it. I support my honourable Friend, and I hope that if he goes to a Division upon it the Bill will be made complete in itself. We ought to be able to ascertain from the face of the Bill what the figure really is.
This legislation, by reference to a previous Act, makes it no Act at all. In the law courts it is always done by reference to another Act which can be construed by the court. The only other case I know is where you have appointed a Commission. It was done in the Scotch Education Commission, and the Cambridge and the London Commissions; you referred them to a Report, which they could see, to ascertain the general lines taken. I hope the honourable Baronet will press the Amendment, and let us know what we are doing.
I hope the Amendment will not be pressed. We shall undertake, as far as we can, that certain definite words shall be inserted in another place to show precisely what is meant by the words of the clause.
After the strong assurance I have now received from the Chancellor of the Exchequer, I feel justified in withdrawing the Amendment.
Amendment, by leave, withdrawn.
Question put—
"That the clause be added to the Bill."
Agreed to.
Before the clause is added, I should like to say one or two words upon it. In passing a clause of this kind no guarantee is to be taken as against the concessions made to teachers, either as regards their salaries or as regards their efficiency. The right honourable Gentleman the Vice-President stated that the Bill was founded on the Report of Sir Richard Temple's Commission of 1892, and also upon the Departmental Report of 1894. I should like to point out that the weighty recommendations issued have been overlooked altogether. It is stated that you should see what conditions were to be imposed upon teachers, such as the question of salary and the question of efficiency. It is surely a great omission, when, for the first time, you recognise the claim of the teachers to be paid by the Treasury, that we have no safeguards in clause 1 of the Bill. Here you are for the first time acknowledging that the teachers are to become pensioners of the State. The State ought to have taken some precaution as regards the salaries to be paid. Nothing could be more unsatisfactory than what exists at the present time. You have these salaries raised, and settled by a lot of different bodies—sometimes school managers and sometimes school boards. Consider what the teachers have done. I do not think it is right to put their own representatives on these school boards, which have to deal with the question of teachers' salaries. I refer more particularly to the School Board of London. Of course, it is popular enough to propose to pay teachers larger salaries than at the present time. You have on the London School Board two parties about equally balanced in educational matters, and you have as representatives of the teachers those who are always giving their votes on the side of the increase. Take the salaries at the present time. In London I think they are high enough. We do not want to increase the salaries, we want to increase the efficiency. We pay too much attention to the question of the increase of salaries. I think it is a great blot on our system that the teachers of our National schools are not better equipped for their work. It is not what we ought to have in our educational system. I think it is a great mistake to have lost this opportunity—this great opportunity, to my mind—of putting this question of teachers' salaries and teachers' efficiency on an altogether higher and more desirable basis. In my opinion something of this kind ought to be done. First of all, you are here for the first time recognising a principle which I have always advocated, as regards our educational system—the principle of the payment of teachers by the State. You are making your first great step in bringing them within the ranks of our great Civil Service. If you do that the Treasury ought to have some control over the scale of salaries. You ought to have regularly graded salaries, not depending upon the caprice of any particular district, but graded in accordance with rules laid down by the State and applicable to the whole country. One would thus avoid the scandal of representatives of teachers being elected on school boards in order that they may bring forward this question of the increase of salaries. It would be of advantage to the teachers themselves if they paid attention to the interests of education rather than of salaries. I hope they will turn their attention away from this question of salaries. We are here giving £600,000 a year in pensions to the teachers of this country, excluding Scotland. When we are giving that amount you ought also to have an increased guarantee as regards efficiency. So far as this Bill is concerned, the only test is what is called physical efficiency. That ought not to be the only test. Just as we have registered teachers entitled to various scales of pay, you ought to have a system of registered teachers in which the Education Department ought to have more stringent rules as regards tests of efficiency. I should like both these matters carefully considered, both a general scale of salaries, and also, as near as possible, a general scale of efficiency. I think, if these two guarantees had been introduced this Bill would have been an enormous step in advance as regards our whole educational system. We are throwing away the opportunity. You are giving with the one hand, and having no guarantee of efficiency on the other. I am afraid it is too late to discuss so important a point, that goes to the whole basis of our educational system in the future. I wish to joint out ray view, that, at any rate, this Bill might have been made the occasion of settling two of the great difficulties of our educational system.
I will point out to the Committee that at the present moment the Education Depart- ment has the teachers, their qualifications, their examinations, and their whole professional career from boyhood or girlhood always entirely in its own hands. All that the honourable Member wishes in regard to the efficiency of teachers can be done at present by the Department apart from legislation.
The honourable Member seems to think that the Education Department has power to limit the salaries of teachers in Board schools.
I referred to their qualifications.
That was not the point. The point was that there ought to be some power given in return for the large sum of money the country is granting to the teachers. I do not desire to say one word against the teachers. I do not say they are overpaid according to their ability. The question is whether they are not of too high a class for the elementary work which they have to do. Of course, they think they are entitled to be paid for the very great ability which they display. Having gone through an expensive training, they naturally looked for the highest salaries they could obtain.
Many of us would regard it as one of the greatest misfortunes that could happen if anything were done to limit the power of school boards to reward the excellent services on the part of the teachers. I protest against the theory the noble Lord seems to hold that anybody is good enough to be an elementary teacher.
I never said any such thing.
Then I am very glad the noble Lord did not. Very high qualities are required to teach elementary subjects. It is more difficult to teach children who come from homes where there is no intellectual atmosphere than it is to teach children in secondary schools. It would be the greatest mistake if the Committee proceeded on the assumption that in elementary schools it is work for which good pay ought not to be given.
I heartily agree that the Government are losing an opportunity, by passing the Bill in the state in which it is now brought in, of putting the salaries and status of teachers on a more satisfactory basis. There is no doubt whatever that this Bill is a new departure in the status of the elementary school teacher. It is giving them, public pensions, and it is, practically speaking making them public servants. Inasmuch as that is being done, it is reasonable that opportunities should be taken for doing away with some of those anomalies which my honourable Friend referred to. As it is, the school board teachers have the casting vote practically on their own salaries. That cannot be a right state of affairs in the interests of the teachers or in the interests of education. I regret extremely that the Measure has been brought in at the end of the Session, when it is impossible to amend it, and when it cannot be properly considered, and when this opportunity is lost of putting the teacher on a more satisfactory basis.
Question put—
"That this clause stand part of the Bill."
Agreed to.
Clause 2
Amendment proposed—
"Page 3, line 4, after 'body,' insert 'or failing strength.'"—(Mr. Crombie.)
A the Bill at present stands, no provision is made, so far as I understand, for the case of a teacher who has broken down through failing health. I would like to ask the right honourable Gentleman if the words in the clause, "incapable owing to infirmity of mind and body," would include the case of a teacher who ha broken down through failing health. I it does include, a case of this kind, would it not be wise to make it clear by accepting my Amendment?
The words in this Bill are the words used in the Superannuation Act.
Does it include the case to which I have referred?
It is clear that the words "incapable owing to infirmity of mind and body" will include a case of failing strength. I think the honourable Member ought to be content.
I withdraw my Amendment.
Amendment, by leave, withdrawn.
Question put—
"That clause 2 stand part of the Bill."
Motion agreed to.
Question put—
"That clause 3 stand part of the Bill."
Motion agreed to.
Question put—
"That clause 4 stand part of the Bill."
Motion agreed to.
Clause 5
Amendment proposed—
"Page 5, line 14, leave out 'for each complete year,' and insert 'multiplied by the number of complete years.'"—(Viscount Cranborne.)
My object in moving this Amendment is to make the clause clear to the ordinary layman, and to ensure that the increase of 3d. for each year shall be given. I do not think it possible for any ordinary Member of Parliament who has not very carefully studied the Report of the Select Committee, on which this Bill was founded, to have the least conception of the meaning of sub-section (a), which reads us follows—
For some reason or other the Government have, I suppose, been anxious to make the Bill as short as possible, and they have made it very obscure. Of course, the reply will be that the Department will interpret it, but, really, they might as well have stated that the pensions were to be given, and then added "Abracadabra," and said they would interpret it. The Vice-President should explain to the Committee exactly what the financial proposals of the Bill are. That is usual in a comprehensive Measure of this kind."The rate of superannuation allowance for each complete year of recorded service may be increased in the case of a man by 3d., and in the case of a woman by 2d., for each complete year of recorded service served before the commencement of this Act."
I do not think the clause can be misunderstood. Its meaning is perfectly clear. The alteration proposed by the noble Lord is in one sense a harmless one, because the clause, as altered by the Amendment, will mean exactly what it means now.
What does it mean now?
It says exactly what it means—that the superannuation is 10s. and 3d. extra for each year.
May I suggest that the clause be sent to the Foreign Office?
I am one of those persons who have experienced great difficulty in trying to understand subsection (a). Might I ask the right honourable Gentleman the Vice-President if it means that a teacher who has had 40 years' service will get £40 a year? I understand that a teacher with 40 years' service at the present time would not be entitled to any pension, but under this Bill he will get £40 a year from the Treasury.
When he is 65.
If that is so, there is no doubt the words proposed by the noble Lord would make it very much clearer than the words at present in the Bill. As a matter of fact, the intention of the Bill is made as difficult as possible to understand.
My interpretation of the sub-section is totally different to that of the honourable and learned Member.
I quite agree with my noble Friend who has moved this Amendment, that the sub-section ought to be worded in such a way that any ordinary person could understand it. At present there are two or three different ways of reading it, and the teachers are doubtful as to what amount of superannuation they will get.
I think I am entitled to an assurance from the right honourable Gentleman that he will make that sub-section clear.
I give you that assurance. I will make it as clear as possible.
Amendment, by leave, withdrawn.
Question put—
"That clause 5 stand part of the Bill."
Motion agreed to.
Question put—
"That clause 6 stand part of the Bill."
Motion agreed to.
Clause 7
I desire to raise a question upon this clause, and I do so by moving to leave out the words—
I contend that there should be a right to an appeal to the law courts. By inserting the words—"Providing that any question arising as to the application of any section of the Act should be left to the decision of the Department."
you practically oust the courts altogether, and I should like the Vice-President to explain why he desires to include these words."and the decision of the Treasury or Education Department on any question so referred shall be final,"
This Bill follows the universal practice of Parliament in granting pensions to subjects, and the words are on all fours with those used in the Superannuation Act.
Under the Superannuation Act, nothing is paid by the person who receives the pension. Under this Bill the recipients of the pensions will have to contribute largely towards them, and I think they should have some legal remedy as to questions arising between themselves and the Department.
Amendment, by leave, withdrawn.
Question put—
"That clause 7 stand part of the Bill."
Motion agreed to.
Question put—
"That clause 8 stand part of the Bill."
Motion agreed to.
Question put—
"That clause 9 stand part of the Bill."
Motion agreed to.
Question put—
"That clause 10 stand part of the Bill."
Motion agreed to.
Question put—
"That clause 11 stand part of the Bill."
Motion agreed to.
Clause 12
I should like to ask the Lord Advocate how this clause will affect parochial school teachers and the teachers appointed under the Act of 1872.
This Bill proposes to treat parochial school teachers, and the teachers appointed under the Act of 1872, in precisely the same way. In this Bill they will have the option of coming under the Act, and thus losing the rights they may at present possess, or, they can keep their rights and not come under the Act. The clause provides that nothing in this Act shall prevent school boards giving superannuation allowances to teachers, except in cases where they choose to come under the provisions of the Act.
Amendment proposed—
"Page 8, line 13, leave out 'management' to end of clause."—(Mr. Crombie.)
In moving the Amendment which stands in my name, I wish at the outset to distinctly say that the Amendment in no way alters the financial machinery of the Bill, or asks for any new legislative privileges. All that is asked is that certain privileges we have in Scotland by the existing legislation should be left to us, and not taken away by this Bill. Scotland differs from England in this respect, that under the Education Act of 1872 school boards in Scotland have the right to give pensions to teachers. This right has been largely used, and the present state of matters in Scotland is exceedingly satisfactory. In the towns these pensions are large, though in the country they are sometimes small. In the towns many of the teachers would be actually better off under the prevailing system than they would be under the pension scheme of this Bill. I know it may be said that it is optional to teachers whether they accept the Bill or remain as they are, but there is a certain fallacy under that argument. I cannot help thinking that this Bill will have a certain moral effect on school boards, who may say the Government had offered teachers a certain pension, and, if the teachers refused to accept it, may then decline to grant a higher allowance than that fixed by this Measure. In this way existing teachers will be very likely to suffer rather than to benefit by the passing of this Bill. If the Government left to the school boards power to supplement the pensions given by the Government, the teachers and education itself will benefit. Now, Sir, I ask the Government to strike out these words. It will not only remove existing grievances, but it will enable school boards, if they choose, out of their own pockets, to supplement the pensions of teachers. I hope the right honourable Gentleman will reconsider the Amendment, which I do not think will interfere with the school boards.
I think the Committee forget that the teachers in Scotland have nothing whatever to complain of in regard to the provisions of this Bill. The teachers of Scotland at the present moment have an opportunity of obtaining pensions from the school board out of the local rates. The Bill says to them that though they may retain their present right, which they are entitled to under the Act of 1872, the provisions of this Bill are more favourable, and they might come under it. What the Bill says is this, "You cannot have both." What has taken place in Scotland? They wished to have both; they sent down a deputation here, and tried to induce the House to give pensions, both out of the local rates and from the State. Then arguments were used in this House. The Chancellor of the Exchequer was told that he had no interest in the matter, for it was not money that was coming out of the Imperial purse, and the House was told that he might allow this to be done. Of course, if the local ratepayer of Scotland is saddled with a burden he is quite willing to pay, and if the teacher in Scotland has the same, right us the teacher in Great Britain all over to a pension out of the Imperial funds, there is no reason why the school board should be asked to supplement that pension. I am very glad that this Bill gives the right to a pension to the voluntary school teacher, and that there is no question of any preference between one teacher and another. It is a fundamental principle that there is no kind of influence to be brought to bear upon members of school boards to get one teacher or other a big pension out of the local rates. It is another thing to go away and say the one section of teachers might have a pension out of the local rates and the other out of the State. The voluntary school teacher would say that the board school teacher, in addition to the right to a pension under this Bill, is also to have another pension by the generosity of the school board. The voluntary school teacher will have no claim to a pension of this kind. That is an injustice, and an Act of Parliament does not maker less an injustice. These denominational schools say they pay rates. The Roman Catholics of Scotland are payers of rates the same as any one else, and why should they be saddled with, pensions to teachers of another class, when their own teachers get nothing out of this Bill. This Amendment will serve the very opposite purpose than that intended by the Bill, which is hat every teacher, no matter what his alary may be, no matter whether he is to voluntary school teacher or a board school teacher, should be treated exactly alike I hope the Government will not introduce an Amendment that will have different effect. Let me call the attention of the Lord Advocate to what we have already passed. You have already decided, by sub-section 4, that the local teacher appointed before 1872 is not to have it. Here would be an anomaly. If you pass this Amendment you would practically leave the teacher appointed prior to 1872 in a very much worse position. The best teachers would be left in a worse position than some of the existing teachers. We would have this state of matters carried on in Scotland for a period of 40 years, because 40 years would have elapsed before the existing teachers all died off.
My honourable Friend below me has entirely missed the situation. He assumes that Scotland should retain the right to have a school board pension would conflict with the right of having a pension under this Bill. So far as the school board pension is concerned, nothing here has anything to do with it. The school board pensions are left to the discretion of the school boards. If the local ratepayers are dissatisfied with what the school board does, they, as the constituents of the school board, can turn them out and get them replaced. What I would put before the Government is this. You are introducing this system of pensions in England and Scotland, and surely it is fair to ask them to take into consideration the state of public opinion in Scotland. Scottish school boards have been in the habit of giving pensions largely in excess of the pensions under this Bill. In the discussion on this Bill it has been admitted that these pensions are calculated on the basis of being applicable to all teachers. In Scotland there is this difference, that many of the schools under the school board teach much more advanced classes. As the right honourable Gentleman knows, the range of education, therefore the range of teaching, is wider than in England, and the qualification of the teacher is higher. These things have been taken into consideration. We did not ask for a penny more under this Bill. There is no doubt that the allowance proposed to be taken under this Bill will be taken into consideration by the school board. This responsibility should be left to the school boards of Scotland. You should trust those local authorities in this matter, and there is no special reason now for withdrawing the confidence reposed in them by Parliment up till now. They should be allowed to retain the power at their discretion to supplement, pensions under this Bill. After all, this Bill is conceived in the interests of the teacher. It is conceived primarily in the interests of education generally. There are many provisions I should like to have had occasion to suggest to the Committee. In the school boards in the rural districts it would be a very slight extra burden to supplement the pensions under this Bill by £5 or £10. It might make all the difference between the supercession and the retirement of the teacher. It might be great boon that retirement under other circumstances should be facilitated. But in the interests of education, and having regard to the state of public opinion in Scotland, I would ask the Government to consider this question further.
The Member for Lanark said that the scheme of the Bill is to have one system of payment which shall not alter according to the salary of the person who got it, and which shall be met partly by his own contributions and partly by the contributions of the State. That scheme would scarcely work well alongside a scheme which gives an optional pension to be paid out of the rates At the same time we felt that it might be said to be hard on the existing teachers, that it actually took away from them such rights as they had under the law as it stands. Accordingly the Bill provides for an option, being left in ever case, but that option must be exercised in one direction or the other. They have a year to think about it, and during that time they must make up their minds either to stand upon their legal rights as they exist now, in which case they were not damnified, or to come under this Act, in which case they must give up their legal rights, which they had under the general universal system which obtained. Therefore I am afraid I cannot accept the Amendment of the honourable Gentleman.
I regret the statement of the Lord Advocate, and I cannot help hoping that he will give some further re-consideration before matters reach a final stage. I do not think he has appreciated the point put by my honourable Friend, who pointed out that the teachers might be damnified if they did not accept. It was just because of the fear that he might fare worse that my right honourable Friend brought forward that Amendment. I say again that this Amendment does not propose to impose a penny of an additional charge upon the national Treasury—there is not the slightest intention of that. It is simply proposing that the school board shall retain the power they have now of marking their sense of good service by giving a liberal pension. I cannot see why the Lord Advocate should refuse that.
I sympathise with all teachers, and especially with Scotch teachers. If anything, I consider it reasonable; but I do not think that two pensions are reasonable for any teacher to accept. I believe the Scotch school boards will take precisely that view, because Scotch teachers will be quite pleased to be put in the matter of pensions on an absolute parity with English teachers, and they must choose, whether they like it or not, between a pension given by local authorities under the existing Act, and a pension under this Bill. For my part, I think that the pension under this Bill will be very much to their advantage. It will be best for them as individuals. It would prevent all the anxiety which many of them feel with regard to the future, for at present, under the existing Acts, though it is sometimes a hand- some one, it always depends upon the good will of the local authority. It was with reference to that, so far as concerned Members of Parliament, that mention was made of "lobbying." It is a very unsatisfactory position to be dependent upon the good will of "lobbiers," I think it would be very much better for the teaching profession that there should be absolute uniformity in the matter of pensions. I know something about the Civil Service, and the pensions are framed on the same principle as this. Everybody there, whether his career has been a humble one, or whether he has been a lieutenant-governor, is rewarded with a pension calculated on the same lines. It is perfectly true that some teachers in the cities have large salaries, and, of course, these are the ones who expect large pensions. But they are not the ones who in reality ought to have large pensions; it is the humble teacher who has had to confine his work to districts where he would not be capable of supplementing his pension. Pensions are either sufficient or insufficient. If sufficient, the teachers ought to be satisfied; if insufficient, they should be raised, and a general system would work better in the long run. If there is a Division, I shall certainly vote for the Bill.
When I look at the Conservative Party in this House I remember that one of their cherished doctrines is that vested interests should be respected—that if you made any change, you should respect the vested interests of those who had acquired certain rights. I do not see why existing rights should be taken away from Scotch teachers. My honourable Friend who has spoken is wrong so far as the Indian Civil Service is concerned, because it is according to the number of years, and you give large pensions to those who have large salaries and small pensions to those who have small salaries. So far as Scotland is concerned we occupy a different position. I daresay the scale you get from England is as much as you could get from England. If this Bill stands, all you have done will only be to have lifted up the English and Irish standard. You have pensions in Ireland and as far as male teachers are con- cerned this new scheme for England will be equivalent to Ireland. It will not be so for females. So that, after all, you lift up England to the level of Ireland. How do we stand otherwise? In Scotland we have had for 300 years a national system of education. In 1872 we made two changes. You made the teacher the servant of the school board, and his right to a pension was to be at the discretion of the school board. That has acted very badly, because the members of the school board have not acted wisely. They have kept inefficient teachers, because they were not prepared to give a pension. I cannot understand why the Imperial Parliament should abolish these vested rights. If the present teachers in Scotland prefer to have the optional clause of the Act of 1872, under which the school board may give them a pension of a better character, they should be allowed to have that option. Less will be given from the Imperial Exchequer than in England. You respect the vested interests of the present men appointed since 1872; you leave them as they are. They were appointed at a certain salary, and the school board had the option of giving a pension. Why do you now take that away from them? Anything they get will only be from the local rates of the board, and the Government cannot be affected financially. Why should you practically repeal that permissive clause of the Scotch Act? I hope the honourable Gentleman will take a Division upon this.
I am sorry the Government do not see their way to accept this; but I think there is room for expressing an opinion on the matter. My honourable Friend talks about two pensions. I should like to point out that in this respect more money is necessary, because, under the clause, while it forced existing teachers to an option, it leaves the school board free, in regard to future teachers to give them any pension they liked in addition.
I rather agree with my honourable Friend that the words will require some alteration, and I will see that the alteration is inserted in another place. Even then the Bill will provide that, so far as existing teachers are concerned, they will have the option to take one or the other, but not both. So far as future teachers are concerned, they will come under the Act whether they like it or not.
I assume that is the intention of the Government, and that the right honourable Gentleman will consider it. It would be more satisfactory if we had that correction before us now. I think this Scotch clause has been drawn out rather hurriedly. I am in favour of the Scotch teachers being dealt with in the same Bill, but there are other points in the Scotch clause which ought to be considered. For example, I might draw the right honourable Gentleman's attention to the fact that there are no public elementary schools in Scotland, and that the whole recorded service of teachers under this Act is the service of public elementary
AYES.
| ||
| Arrol, Sir William | Field, Admiral (Eastbourne) | Nicol, Donald Ninian |
| Atkinson, Rt. Hon. John | Finlay, Sir R. Bannatyne | Northcote, Hon. Sir H. S. |
| Bagot, Capt. J. F. | Fisher, William Hayes | O'Connor, Arthur (Donegal) |
| Balcarres, Lord | Fletcher, Sir Henry | Phillpotts, Captain Arthur |
| Baldwin, Alfred | Fry, Lewis | Pierpoint, Robert |
| Balfour, Rt. Hon. A. J. (Manch'r) | Garfit, William | Powell, Sir Francis Sharp |
| Banes, Major George Edward | Gedge, Sydney | Pryce-Jones, Lt.-Col. Edward |
| Barnes, Frederic Gorell | Godson, Sir A. Frederick | Purvis, Robert |
| Barton Dunbar Plunket | Gorst, Rt. Hon. Sir J. E. | Richardson, Sir T. (Hartlep'l) |
| Beach,Rt.Hn.SirM.H.(Brist'l) | Gray, Ernest (West Ham) | Ridley, Rt. Hon. Sir M. W. |
| Bethell, Commander | Greene, H. D. (Shrewsbury) | Russell, T. W. (Tyrone) |
| Bill, Charles | Hamilton, Rt. Hon. Lord G. | Savory, Sir Joseph |
| Blundell, Colonel Henry | Hanbury, Rt. Hon. R. W. | Sharpe, William Edward T. |
| Boscawen, Arthur Griffith- | Haslett, Sir James Horner | Sidebotham, J. W. (Cheshire) |
| Butcher, John George | Heath, James | Sidebottom, W. (Derbyshire) |
| Caldwell, James | Howard, Joseph | Skewes-Cox, Thomas |
| Cavendish, R. F. (N. Lancs) | Johnston, William (Belfast) | Souttar, Robinson |
| Chaloner, Captain R. G. W. | Johnstone, J. H. (Sussex) | Stanley, Lord (Lancs) |
| Chamberlain, J. A. (Worc'r) | Kenyon, James | Strauss, Arthur |
| Chaplin, Rt. Hon. Henry | Laurie, Lieut.-General | Talbot, Lord E. (Chichester) |
| Charrington, Spencer | Llewelyn, Sir Dillwyn-(Swans'a) | Verney, Hon. Richard G. |
| Chelsea, Viscount | Lockwood, Lt.-Col. A. R. | Warkworth, Lord |
| Cochrane, Hon. T. H. A. E. | Loder, G. W. E. | Webster, R. G. (St. Pancras) |
| Coghill, Douglas Harry | Long, Rt. Hon. W. (Liverp'l) | Webster, Sir R. E. (I of W.) |
| Collings, Rt. Hon. Jesse | Loyd, Archie Kirkman | Welby, Lieut.-Col. A. C. E. |
| Colomb, Sir J. C. Ready | Macartney, W. G. Ellison | Whitmore, Charles Algernon |
| Colville, John | McArthur, C. (Liverpool) | Williams, J. Powell (Birm.) |
| Compton, Lord Alwyne | McKillop, James | Wilson-Todd, W. H. (Yorks) |
| Courtney, Rt Hon. L. H. | Maclure, Sir John William | Wodehouse,Rt.Hn.E.R. (Bath) |
| Cranborne, Viscount | Malcolm, Ian | Wortley, Rt. Hon. C. B. S. |
| Cripps, Charles Alfred | Milton, Viscount | Wyndham, George |
| Curran, Thomas (Sligo, S.) | Monk, Charles James | Young, Comm. (Berks, E.) |
| Curzon, Viscount (Bucks) | More, Robert Jasper | |
| Denny, Colonel | Morton, A. H. A. (Deptford) | TELLERS FOR THE AYES—Sir William Walrond and Mr. Anstruther. |
| Douglas, Rt. Hon. A. Akers | Murray. Rt. Hn. A. G. (Bute) | |
| Drucker, A. | Myers, William Henry | |
| Duncombe, Hon. Hubert V. | Newdigate, Francis Alexander | |
| Fellowes, Hon. A. Edward | Nicholson, William Graham | |
schools. Seeing that there are no public elementary schools, that reduces the number of teachers.
I take it that you intend to repeal that clause of the Act of 1872?
I do not suppose that we shall do it by any repealing clause.
I think, as the Government have promised to re-consider the wording of this clause, it would be worth while to emphasise what was said by my honourable Friend that this Scotch clause, if it stood alone, would apply to all the teachers of the school boards. I know that is not the intention of the Government.
Question put—
"That the words proposed to be left out stand part of the clause."
The Committee divided:—Ayes 108; Noes 47.—(Division List No. 274.)
NOES.
| ||
| Asquith, Rt. Hn. H. H. | Hozier, Hon. James H. C. | Roberts, John B. (Eifion) |
| Atherley-Jones, L. | Joicey, Sir James | Roche, Hon James (E. Kerry)) |
| Billson, Alfred | Jones, W. (Carnarvonshire) | Smith, J. P. (Lanark) |
| Birrell, Augustine | Lambert, George | Spicer, Albert |
| Bolton, Thomas Dolling | Lawson, Sir W. (Cumberland) | Sullivan, Donal (Westmeath) |
| Brigg, John | Lloyd-George, David | Tanner, Charles Kearns |
| Broadhurst, Henry | Lough, Thomas | Ure, Alexander |
| Bryce, Rt. Hon. James | Macaleese, Daniel | Wallace, Robert (Edinburgh) |
| Clark, Dr.G.B. (Caithness-sh.) | M'Ghee, Richard | Walton, Joseph (Barnsley) |
| Cozens-Hardy, Herbert H. | Maddison, Fred. | Wedderburn, Sir William |
| Crilly, Daniel | Maden, John Henry | Williams, John C. (Notts) |
| Doogan, P. C. | Moss, Samuel | Woodhouse,SirJT(Hudd'rsf'ld) |
| Gordon, Hon. John Edward | Nussey, Thomas Willans | Yoxall, James Henry |
| Hayne, Rt. Hon. C. Seale- | Perks Robert William | |
| Healy, T. M. (N. Louth) | Pickersgill, Edward Hare | TELLERS FOR THE NOES—Mr.Crombie and Captain Sinclair. |
| Hogan, James Francis | Pirie, Duncan V. | |
| Horniman, Frederick John | Randell, David | |
The clause was then added to the Bill, and the remaining clauses having been agreed to, were also added, and the Bill was reported, without Amendments, to the House.
Local Taxation Account (Scotland) Bill
Upon the Order for Committee upon this Bill,
I understand that this Bill will take more time to-night than ought to be given upon a Wednesday sitting, and under those circumstances, I must, with great reluctance, postpone this Bill until to-morrow, in the hope that the House will get through the other business on the Paper.
The Order was postponed.
Nonconformist Marriages (Attendance Of Registrars) Bill
I have an Amendment upon the Paper with regard to this Bill. We suffer under a similar grievance, and this Bill can scarcely relieve us as it is at present. Even if it was re-committed, I should very much doubt if we could make it quite satisfactory. To the Nonconformist mind, no doubt, it is satisfactory to a large degree; but we do not accept the designation of Nonconformist. This Bill provides for places of worship, and places for the solemnisation of marriage in the hands of trustees or guardians, but those words are not applicable to the Roman Catholic churches. No doubt, many of them are in the hands of trustees, but are under the administration of the Church Government. The Bill, as at present drawn, appears to me to require that the celebrant of the marriage shall be the rector of the church. Now, in many places in England, by reason of the poverty and the scattered population of Roman Catholics, very large districts are covered by a church or chapel, that it would be practically impossible for the rector, in addition to the other celebrant, to be present on every occasion that a marriage was solemnised. I understand that the right honourable Gentleman will meet me in this matter by the insertion of some words, but the reason I put my Amendment down upon the Paper was to indicate that the position of the Roman Catholics in England is very different from that of the Roman Catholics of Scotland and Ireland. The Roman Catholics in those countries, are not under the disabilities from which the Roman Catholics in England suffer, and I think the position of the Roman Catholics in England should be made to conform with that of the Roman Catholics in Scotland and Ireland; inasmuch as the Government have made this Bill a Government Measure, and that we are prepared to accept it as an interim Measure for ourselves, and we are anxious to assist our Nonconformist friends in their difficulty. I hope the Government will next Session introduce a short Measure dealing with the disabilities under which, the Roman Catholics in this country now suffer, and put them in the same position as the Roman Catholics of Scotland and Ireland. I beg to move that the Bill be re-committed.
It would not be possible, in the scope of this Bill, to do what the honourable Gentleman desires. That must be a matter for subsequent legislation. With regard to his other point, I shall be prepared to amend the Bill upon the Report stage in such a manner as to ensure that the Roman Catholic Church shall receive the advantage of the Bill, and in that view I will accept his Amendments.
The Motion was, by leave, withdrawn.
We are prepared to carry out the recommendations of the Committee. The Amendments standing on the Paper in my name have been framed after consultation with the right honourable Member for Wolverhampton and the honourable Member for Louth. They cover the points brought forward in Committee with reference, among others, to the officiating minister. That there should be more than one authorised person for the same building, and that the authorised person shall have power to issue certificates, so that there shall be no difficulty in the persons married getting their marriage lines.
Clause 1
Amendments proposed—
"Page 1, line 5, after '1898,' insert 'and may be cited with the Marriage Acts, 1811 to 1886.'"
"Page 1, leave out lines 6 and 7."—(Sir R. Webster.)
Amendments agreed to.
Clause 3
Amendment proposed—
"Page 1, line 12, leave out 'January,' and insert 'April.'"—(Sir R. Webster.)
Amendment agreed to.
Clause 4
Amendments proposed—
"Page 1, line 15, leave out 'shall and.'"
"Page 1, lines 15 and 16, leave out 'from and after the date of the commencement of this Act.'"
"Page 1, line 18, after 'or' insert 'certificate and.'"
"Page 1, lines 22 and 23, leave out 'as is required by the said Act.'"—(Sir R. Webster.)
Amendments agreed to.
Clause 5
Amendments proposed—
"Page 2, line 2, leave out 'as defined in section one of tins Act.'"
"Page 2, line 5, after 'or,' insert 'certificate and.'"
"Page 2, line 6, leave out 'shall,' and insert 'does.'"
"Page 2, line 8, leave out 'pursuant to section thirteen of this Act.'"
"Page 2, lines 10 and 11, leave out 'it shall be lawful for.'"
"Page 2, line 11, leave out 'and he is hereby required to,' and insert 'shall, subject to the provisions of this Act.'"
"Page 2, line 13, after the first 'in,' insert 'accordance with.'"
"Page 2, line 15, leave out from 'registrar,' to 'shall,' in line 18."
"Page 2, line 19, leave out 'a.'"
"Page 2, line 19, leave out 'form of.'"
'Page 2, lines 20 and 21, leave out 'in the Second Schedule to,' and insert 'prescribed by rules under.'"— (Sir R. Webster.)
Amendments agreed to.
Clause 1
Amendment proposed—
"Page 1, after line 10, insert—
"For the purposes of this Act, as applied to Roman Catholic registered buildings, the words 'trustees or governing body,' shall include the bishop or vicar-general of the diocese."—(Mr. A. O'Connor.)
Amendment agreed to.
Clause 6
Amendments proposed—
"Page 2, leave out from end of line 31, to 'and,' in line 34, and insert 'authorised person hereinafter mentioned.'"
"Page 2, line 35, leave out 'person shall officiate at or solemnise a marriage,' and insert 'marriage under this Act shall be solemnised.'"
"Page 2, line 36, leave out 'under this Act, unless he has been,' and insert 'except in the presence of a person.'"
"Page 2, line 38, leave out 'and it shall be the duty of,' and insert 'or of some other registered building in the same registration district (in this Act referred to as an authorised person).'"
"(4) Where a person has been so authorised in respect of any registered building."
"Page 2, line 39, leave out 'every registered building to,' and insert 'that building shall, within the prescribed time and in the prescribed manner.'"— (Sir R. Webster.)
"Page 2, line 40, before 'person,' leave out 'the,' and insert 'a.'"— (Mr. A. O'Connor.)
"Page 2, line 42, after 'situate,' insert—
"(5) Section thirty-five of six and seven William the Fourth, chapter eighty-six, shall apply in the case of an authorised person under this Act in like manner as it applies in the case of a rector, vicar, or curate."—(Mr. Perks.)
"Page 3, leave out lines 1 to 4, inclusive."— (Sir R. Webster.)
Amendments agreed to.
Clause 7
Amendments proposed—
"Page 3, line 6, leave out 'shall not be,' and insert 'is not.'"
"Page 3, line 6, after 'or,' insert 'certificate and.'"
"Page 3, lines 7 and 8, leave out 'person officiating at the said marriage,' and insert 'authorised person in whose presence the marriage is solemnised.'"
"Page 3, lines 12 and 13, leave out 'such duly,' and insert 'the.'"
"Page 3, line 13, leave out 'as may officiate at the marriage.'"— (Sir R. Webster.)
"Page 3, line 18, after 'requested by,' insert 'authorised person or.'"— (Mr. A. O'Connor.)
"Page 3, line 22, at end, insert as new sub-sections—
"(2) A marriage under this Act shall not be solemnised in any registered building until duplicate register books have been so supplied.
"(3) If the Registrar General is not satisfied with respect to any building registered, or proposed to be registered, for the solemnisation of marriages therein, that sufficient security exists for the due registration of marriages under this Act and for the safe custody of marriage register books, he may in his discretion attach to the continuance on the register or registration of the building a condition that no marriages under this Act shall be solemnised therein.
"(4)Section thirty-five of the Births and Deaths Registration Act, 1836, shall apply in the case of a person having the custody of a marriage register book under rules made in pursuance of this Act, in like manner as it applies in the case of a rector, vicar, or curate."—(Sir B. Webster.)
Amendments agreed to.
Clause 8
Amendments proposed—
"Page 3, line 23, after 'or,' insert 'certificate and.'"
"Page 3, line 23, leave out from the second 'be,' to 'and,' in line 25, and insert 'kept in the prescribed custody.'"
"Page 3, line 26, after 'register,' insert 'books.'"—(Sir R. Webster.)
Amendments agreed to.
Clause 9
Amendments proposed—
"Page 3, line 28,, leave out from 'If,' to 'refuses,' in line 30, and insert 'any authorised person.'"
"Page 3, line 32, leave out from 'marriages,' to 'he,' in line 35."
"Page 3, line 37, leave out from 'pounds,' to 'and,' in line 38, and insert 'or on conviction on indictment to imprisonment with or without hard labour for a term not exceeding two years or to a fine not exceeding fifty pounds.'"
"Page 3, line 39, leave out from 'be,' to end of clause, and insert 'an authorised person.'"—(Sir R. Webster.)
Amendments agreed to.
Clause 10
Amendments proposed—
"Page 4, lines 1 and 2, leave out 'and registrars.'"
"Page 4, line 5, leave out from 'Act,' to end of clause."—(Sir R. Webster.)
Amendments agreed to.
Clause 11
Amendments proposed—
"Page 4, line 13, leave out 'under section five.'"
"Page 4, line 18, before 'authorised,' insert 'now.'"
"Page 4, line 18, leave out from 'by,' to end of clause, and insert 'law.'"—(Sir R. Webster.)
Amendments agreed to.
Clause 12
Amendments proposed—
"Page 4, line 21, leave out from the first 'the' to 'building,' in line 23, and insert 'authorised person for a registered.'"
"Page 4, line 32, after 'shall,' insert 'in accordance with rules under this Act.'"
"Page 4, line 37, leave out 'at,' and insert 'of.'"
"Page 4, line 41, leave out from 'kept,' to end of line 9, page 5, and insert 'in the prescribed custody.'"
"Page 5, after line 9, insert—
"Section twenty-nine of the Births and Deaths Registration Act, 1837, shall apply in the case of an authorised person in like manner as it applies in the case of a rector, vicar, or curate.'"
"Page 5, line 16, leave out 'person so authorised as aforesaid,' and insert 'authorised person.'"— (Sir R. Webster.)
Amendments agreed to.
Clause 13
Amendment proposed—
"Page 5, line 20, leave out 'Provided always that.'"—(Sir R. Webster.)
Amendment agreed to.
Clause 14
Amendment proposed—
"Page 5, line 26, leave out from 'Act,' to end of clause."—(Sir R. Webster.)
Amendment agreed to.
I move that the Bill be re-committed in regard to the clauses—
"So much of sections thirty-nine and forty-two of the Marriage Act, 1836, as punishes the solemnisation of or renders void any marriage by reason of the absence of the registrar is hereby repealed in respect of any marriage authorised by and solemnised in accordance with this Act.
"The Registrar General may, with the approval of the Local Government Board, make rules with respect to—"(a) the forms to be used for the purposes of this Act; "(b) the custody of documents required for the purposes of this Act; "(c) the duties of registrars, superintendent registrars, and authorised persons under this Act; "(d) any matter which may under this Act be prescribed: and generally for carrying into effect the provisions of this Act."(1) On the issue of any certificate for a marriage to be solemnised in accordance with this Act, the parties to the marriage shall pay to the superintendent registrar of the district in which the registered building selected for the marriage is situate, an additional fee of six shillings and sixpence if the marriage is by licence, and otherwise a fee of four shillings. Provided that not more than one such fee shall be paid in respect of any one marriage. "(2) Where there is only one registrar of marriages for the district, who was appointed before the passing of the Act, the superintendent registrar shall, at the end of each quarter, pay the fees so received by him to that registrar, and where there are more such registrars he shall, at the end of each quarter, divide the amount of the fees so received by him among those registrars in accordance with rules to be made under this Act. "(3) This section shall not continue in force for more than ten years from the commencement of this Act, and shall not apply to a district unless there is acting therein a registrar of marriages appointed before the passing of this Act."—(Sir R. Webster.)
"Page 6, leave out schedule 1."—(Sir R. Webster.)
"Page 6, leave out schedule 2."—(Sir R. Webster.)
I report the Bill, as amended, to the House.
I beg to move that the Bill be read a third time.
Upon the Second Reading of this Bill I pointed out a number of mistakes which ought to be looked into and put right. I now wish to thank the right honourable Gentleman the Attorney General for the way in which he has gone into the matter and met the objections which were pointed out on the Second Reading. Everything that I pointed out has been taken notice of, and I beg leave to second the Motion of the right honourable Gentleman that the Bill be read a third time.
The Question put, and agreed to.
The Bill was read a third time.
Expiring Laws Continuance Bill
This Bill passed through Committee, and was read a third time.
Public Works Loans Bill
The House went into Committee upon this Bill, and clause 1 having been agreed to,
Upon clause 2,
I press the right honourable Gentleman the Secretary to the Treasury for an explanation as to three cases which appear in this clause, and which, I think, are sufficient to attract attention, and require some explanation. The first case was that of a man who borrowed a sum of £140 under this Act. A remission of debt has been made of £137 16s. 9d., so that he practically only repaid £2 out of a debt of £140 borrowed by him to improve his holding. Then I turn to the loans under Lord Ashbourne's Act and I find that a widow was lent £2,500 for the purchase of her estate, and a very large amount has been remitted. It discloses a very serious state of things that these large amounts should be advanced by the Land Commission under these circumstances. The landlord has got that £2,500; he has got his money in his pocket, and the British taxpayer has had to find it. In the third case the borrower has been let off £58 6s. 11d. I say it is not in the interest of the tenants at all that these loans should be made. The Land Commission should not be allowed to advance these large sums in this way, and I hope that the right honourable Gentelman will say that he will take steps to see that the Land Commission, should not be allowed to advance these extravagant sums. They are shown to be excessive by the remissions which the Government have had to make. I await the right honourable Gentleman's explanation with some curiosity.
*
In the cases which the honourable Gentleman has referred to I may say the Government does not forego its right to recover. We do not forego anything. This Bill does not affect our position, but as the honourable Gentleman requires information as to these three cases I will say, in the case of the man who borrowed the £140, he was evicted when he had only paid £2 3s. 3d. He was afterwards made bankrupt, and has since died. In the next case the holding was sold in 1887 to another person, who also soon fell into arrear, and the holding was again put up for sale in 1890, when there were no bidders. A caretaker was placed in charge by the Commissioners, who could not find a purchaser until 1897. As the purchaser would pay nothing beyond the remaining instalments of the annuity, the arrears of £545, including £394 for interest, are treated as irrecoverable. In the remaining case the purchaser purchased 72 acres for £815 in 1890, repayable by an annuity. He soon fell into arrears, and the holding was offered for sale in 1892, but there were no bidders. The holding was taken possession of by the Commissioners, and worked at a loss until 1897, when it was sold at the nominal price of one shilling, in addition, of course, to the remaining instalments of the purchase annuity.
I can only say, in my opinion, the Treasury ought to take the matter up, and that loans of this kind, involving such large losses, should not be allowed to be made.
The Secretary for the Treasury has given the usual stereotyped answer, and I, in reply, will ask a stereotyped Question. Does he know of a single case where the Treasury, when it has had to write off a debt of this kind, has ever recovered a single farthing?
*
I can answer that by another Question. Does the honourable Gentleman know of a single case where money has been recovered from a bankrupt who has died.
The right honourable Gentleman knows perfectly well that in cases where a debt has been written off it has never been recovered.
The clause was agreed to.
The remaining clauses were agreed to.
I wish to ask the Secretary to the Treasury whether he will reprint this Bill. We do not know what has been done in the last ten minutes, and how the Bill has been reconstructed?
*
All the Amendments are really for the same purpose, and were only necessary because the Bill has been drafted in an old form not now used.
The Bill was reported to the House.
Outdoor Relief (Ireland) Bill
The first four clauses were agreed to.
To move the following clause—
"Nothing in this Act shall apply to any outlay incurred in connection with relief works."—(Mr. Dillon.)
Upon the Second Reading of this Bill the right honourable Gentleman the Attorney General stated that the expenditure of relief in Ireland would be, roughly, about £60,000, and it is proposed to charge about £10,000 of that £60,000 to the distressed unions. Now, the object of this clause is to prevent that being done, and if it is added to the Bill the Government will necessarily be obliged to pay the whole of the money. I know perfectly well what the right honourable Gentleman the Attorney General will say, and that is, if this Bill is not passed the money expended for the relief of the poorer unions will have to be paid out of the Guardians' pockets, but I think the Government ought to pay the whole of the £60,000 instead of charging £10,000 to these unions. I am astonished at the attitude of the Government in this matter. I am surprised that the House does not give expression to a strong feeling of disappointment at the way in which they have dealt with it. Nobody can accuse the Government of being unduly liberal in the relief of the distress in Ireland They have been obliged to pay £60,000 in relief works, and up to the present the invariable course has been that the cost of relieving distress has been borne by the Imperial Exchequer, and certainly not by the poorest of the distressed districts. There has been, however, an attempt made in the present Session to start an entirely new policy, which consists of throwing a portion of the cost of relief upon these wretched districts. leave it to the sense of justice of the honourable Members of this House to say, is there any rhyme or reason in throwing £10,000, out of the £60,000 which it has been found necessary to spend in relief, upon the wretched rate payers of these distressed districts, who if they have not suffered from actual starvation themselves, have been suffering from a condition bordering upon starvation; the consequence of which has been that the capacity for the payment of rates has been enormously lessened in the case of the ratepayers who have not actually been reduced to the lowest extremity of starvation. In order to carry out their new policy the Government are proposing now a system, of throwing upon these unfortunate unions a share of this expenditure. Now, there is one clause in the Bill to which the right honourable Gentleman the Attorney General referred, which is an improvement, and that is clause 3, which gives power to the guardians of these unions, in case they should find it impossible to produce their share of the expenditure in one year, to borrow the necessary sum and spend it over a period; but I condemn the whole policy of the Government, because they feel that they cannot, in common justice, throw the expenditure upon the unions and enforce the payment in one particular year, and therefore they introduce this clause to enable the Guardians to borrow the money and spread it over a period. I think it is very unreasonable. No doubt it would be better than enforcing the payment of the sum in one year, but it is obvious from that very provision that the Government feel that they are not right in the line they have taken in saddling these unfortunate districts with this expenditure. But this has been done in pursuance of the policy of the Government. If the Government refuses to accept my clause I shall not at this hour go to a Division, but I do urge that they should look carefully into the financial state of these unions before they decide that they shall pay this charge. I say it is a cruel and monstrous thing to condemn these unfortunate and unhappy people to a long struggle against bankruptcy and insolvency, and I do urge the Government to examine carefully the conditions of the unions before they enforce this policy.
As the honourable Gentleman has stated that he will not take a Division at this hour of the evening I shall not discuss the question; but I think I ought to point out to him that his provision is inconsistent with the Bill we have already passed. The principle underlying the Amendment of the honourable Gentleman has been discussed at great length, upon no less than three previous occasions, and upon each occasion he has taken the sense of the House upon it. I do not think, under the circumstances, that we should take the sense of the House upon this question for the fourth time to-night. I will, however, state for the satisfaction of the honourable Gentleman that the Irish Government are quite willing to undertake to make a careful investigation into the financial conditions of the unions before any conclusion is arrived at. I hope that will satisfy tin hoourable Gentlemen, and I will say that, at all events, the provisions of this Bill are to be, and will be, carried out with the utmost regard to the conditions of the unions concerned.
Amendment negatived.
The Bill passed through the Committee without amendment, and was read a third time.
Local Government (Ireland) Bill
Reasons for disagreeing to certain of the Lords' Amendments reported, and agreed to, to be communicated to the Lords.
Supply 2Nd August
Resolutions reported.
Civil Service Estimates, 1898–9
Class Vii
1. "That a sum, not exceeding £2,200, be granted to Her Majesty, to defray the Charge Which will come in course of payment during the year ending on the 31st day of March, 1899, for the expenses in connection with the Public Funeral of the late Right Honourable W. E. Gladstone."
Class V
"2. That a sum, not exceeding £270,181 (including a supplementary sum of £41,500), be granted to Her Majesty, to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1899, for sundry Colonial Services, including certain Grants in Aid."
"3. That a sum, not exceeding £612, be granted to Her Majesty, to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1899, for Expenses in connection with the Suppression of the Slave Trade, and the Maintenance of certain liberated Africans."
"4. That a sum, not exceeding £40,100, be granted to Her Majesty, to complete the sum necessary to defray the Charge, which will come in course of payment during the year ending on the 31st day of March, 1899, for the Subsidies to certain Telegraphic Companies."
Resolutions agreed to.
Navy And Army Expenditure, 1896–7
Resolutions reported.
"1. That it appears by the Navy Appropriation Account for the year ended the 31st day of March, 1897, and the statement appended thereto, as follows, viz.:—(a) That the gross expenditure for certain Navy Services exceeded the estimate of such expenditure by a total sum of £346,604 6s. 4d., as shown in Column No. 1 of the Schedule hereto appended; while the gross expenditure for other Navy Services fell short of the estimate of such expenditure by a total sum of £416,964 16s. 9d., as shown in Column No. 2 of the said appended Schedule, so that the gross actual expenditure for the whole of the Navy Services fell short of the gross estimated expenditure by the net sum of £70,360 10s. 5d.; (b) That the receipts in aid of certain Navy Services fell short of the estimate of such receipts by a total sum of £57,377 10s. 2d., as shown in Column No. 3 of the said appended Schedule; while the receipts in aid of other Navy Services exceeded the estimate of such receipts by a total sum of £45,115 3s. 9d., as shown in Column No. 4 of the said appended Schedule; so that the total actual receipts in aid of the Grants for Navy Services fell short of the total estimated receipts by the net sum of £12,262 6s. 5d.; (c) That the resulting differences between the Exchequer Grants for Navy Services and the net expenditure, are as follows, viz.:—
| £ | s. | d. | |
| Total Surpluses | £373,729 | 1 | 4 |
| Total Deficits | 315,630 | 17 | 4 |
| Net Surplus | £58,098 | 4 | 0." |
"2. That the Lords Commissioners of Her Majesty's Treasury have temporarily authorized the application, in reduction of the net charge on Exchequer Grants for certain Navy Services, of the whole of the sums received in excess of the estimated Appropriations in Aid, in respect of the same Services; and have also temporarily authorised the application of so much of the said total surpluses on certain Grants for Navy Services as is necessary to
| SCHEDULE. | |||||||||||||||
| Number of Vote. | Navy Services, 1896–97. Votes. | Gross Expenditure. | Appropriations in Aid. | ||||||||||||
| Excesses of Actual over Estimated Gross Expenditure. | Surpluses of Estimated over Actual Gross Expenditure. | Deficiencies of Actual as compared with Estimated Receipts. | Surpluses of Actual as compared with Estimated Receipts. | ||||||||||||
| 1. | 2. | 3. | 4. | ||||||||||||
| £ | s. | d. | £ | s. | d. | £ | s. | d. | £ | s. | d. | ||||
| 1 | … | Wages, etc., of Officers, Seamen and Boys, Coast Guard and Royal Marines | … | 32,718 | 16 | 8 | … | 5,957 | 6 | 7 | |||||
| 2 | … | Victualling and Clothing for the Navy | … | 94,193 | 4 | 5 | 53,497 | 6 | 7 | ||||||
| 3 | … | Medical Establishments and Services | … | 10,620 | 8 | 0 | … | 872 | 4 | 6 | |||||
| 4 | … | Martial Law | 388 | 17 | 7 | … | … | 29 | 11 | 2 | |||||
| 5 | … | Educational Service | … | 2,317 | 19 | 7 | 2,190 | 0 | 1 | ||||||
| 6 | … | Scientific Services | 402 | 4 | 1 | … | … | 1,461 | 11 | 3 | |||||
| 7 | … | Royal Naval Beserves | … | 23,708 | 16 | 0 | … | 68 | 3 | 0 | |||||
| 8 | … | Shipbuilding, Repairs, Maintenance, etc.:— | |||||||||||||
| Sec. 1 | … | Personnel | 59,347 | 11 | 6 | … | 372 | 12 | 9 | ||||||
| Sec. 2 | … | Materiel | 248,633 | 2 | 1 | … | … | 29,808 | 5 | 10 | |||||
| Sec. 3 | … | Contract Work | … | 92,769 | 11 | 4 | … | 319 | 0 | 5 | |||||
| 9 | … | Naval Armaments | … | 14,793 | 12 | 7 | … | 3,951 | 7 | 8 | |||||
| 10 | … | Works, Buildings and Repairs at Home and Abroad | … | 142,328 | 14 | 3 | … | 424 | 14 | 11 | |||||
| 11 | … | Miscellaneous Effective Services | 22,697 | 14 | 0 | … | … | 2,222 | 18 | 5 | |||||
| 12 | … | Admiralty Office | 1,195 | 16 | 10 | … | 478 | 0 | 7 | ||||||
| 13 | … | Half-pay, Reserved and Retired Pay | … | 3,513 | 13 | 11 | 200 | 13 | 0 | ||||||
| 14 | … | Naval and Marine Pensions, Gratuities, and Compassionate Allowances | 8,901 | 0 | 1 | … | 277 | 6 | 3 | ||||||
| 15 | … | Civil Pensions and Gratuities | 2,460 | 9 | 4 | … | 83 | 10 | 11 | ||||||
| 16 | … | Additional Naval Force for Service in Australasian Waters | 42 | 16 | 0 | … | 278 | 0 | 0 | ||||||
| Amount written off as irrecoverable | 2,534 | 14 | 10 | ||||||||||||
| 346,604 | 6 | 4 | 416,964 | 16 | 9 | 57,377 | 10 | 2 | 45,115 | 3 | 9 | ||||
| Net Surplus, | £70,360 | 10 | 5 | Net Deficit, | £12,262 | 6 | 5 | ||||||||
| Surplus surrendered to the Exchequer | £58,098 | 4 | 0 | ||||||||||||
"4. That it appears by the Army Appropriation Account for the year ended the 31st day of March, 1897, and the statement appended thereto, as follows, viz.:—(a.) That the gross expenditure for certain Army Services exceeded the estimate of such expenditure by a total sum of £125,621 0s. 1d., as shown in Column No. 1 of the Schedule hereto appended; while the gross expenditure for other Army Services fell short of the Estimate of such expenditure by a total sum of £282,574 16s. 8d., as shown in Column No. 2 of the said appended Schedule; so that the gross actual expenditure for the whole of the Army Services fell short of the gross estimated expenditure by the net sum of £156,953 16s. 7d.; (b.) That the receipts in aid of certain Army Services fell short of the estimate of such receipts by a total sum of £28,324 12s. 7d., as shown in Column No. 3 of the said appended Schedule; while the receipts in aid of other Army Services exceeded the estimate of such receipts by a total sum of £169,950 2s. 11d., as shown in Column No. 4 of the said appended Schedule; so that the total actual receipts in aid of the Grants
cover the said total deficits on other Grants for Navy Services."
"3. That the application of such sums be sanctioned."
for Army Services exceeded the total estimated receipts by the net sum of £141,625 10s. 4d.; (c.) That the resulting differences between the Exchequer Grants for Army Services, and the net expenditure are as follows, viz.:—
| £ | s. | d. | |
| Total Surpluses | 423,388 | 19 | 4 |
| Total Deficits | 124,809 | 12 | 5 |
| Net Surplus | £298,579 | 6 | 11." |
"5. That the Lords Commissioners of Her Majesty's Treasury have temporarily authorised the application, in reduction of the net charge on Exchequer Grants for certain Army Services, of the whole of the sums received in excess of the estimated appropriations in aid, in respect of the same Services, and have also temporarily authorised the application of so much of the said total surpluses on certain Grants for Army Services as is necessary to cover the said total deficits on other Grants for Army Services.
"6. That the application of such sums be sanctioned."
| SCHEDULE. | ||||||||||||||
| Number of Vote. | Army Services, 1896–97. Votes. | Gross Expenditure. | Appropriations in Aid. | |||||||||||
| Excesses of Actual over Estimated Gross Expenditure. | Surpluses of Estimated over Actual Gross Expenditure. | Deficiencies of Actual as compared with Estimated Receipts. | Surpluses of Actual as compared with Estimated Receipts. | |||||||||||
| 1. | 2. | 3. | 4. | |||||||||||
| £ | s. | d. | £ | s. | d. | £ | s. | d. | £ | s. | d. | |||
| 1 | … | Pay, etc., of Army (General Staff, Regiments, Reserve, and Departments) | 2,264 | 0 | 4 | … | … | 12,936 | 19 | 2 | ||||
| 2 | … | Medical Establishments: Pay, etc. | … | 4,563 | 14 | 3 | … | 165 | 11 | 6 | ||||
| 3 | … | Militia: Pay and Allowances | … | 12,261 | 1 | 7 | … | 1,836 | 18 | 7 | ||||
| 4 | … | Yeomanry Cavalry: Pay and Allowances | 1,264 | 2 | 7 | … | 8 | 14 | 0 | |||||
| 5 | … | Volunteer Corps: Pay and Allowances | 6,121 | 4 | 6 | … | 31 | 2 | 6 | |||||
| 6 | … | Transport and Remounts | 72,864 | 18 | 11 | … | … | 24,639 | 3 | 3 | ||||
| 7 | … | Provisions, Forage, and other Supplies | … | 27,681 | 10 | 4 | … | 11,595 | 3 | 4 | ||||
| 8 | … | Clothing Establishments, and Services | 14,075 | 4 | 9 | … | 24,410 | 19 | 5 | |||||
| 9 | … | Warlike and other Stores: Supply and Repair | … | 199,552 | 8 | 0 | … | 105,396 | 3 | 10 | ||||
| 10 | … | Works, Buildings, and Repairs: Cost, including Staff for Engineer Services | … | 17,478 | 3 | 8 | … | 9,474 | 5 | 10 | ||||
| 11 | … | Military Educational Establishments: Pay and Miscellaneous Charges | 198 | 7 | 11 | … | … | 2,135 | 0 | 2 | ||||
| 12 | … | Miscellaneous Effective Services | 5 | 5 | 10 | … | … | 1,649 | 5 | 11 | ||||
| 13 | … | War Office: Salaries and Miscellaneous Charges | … | 4,674 | 4 | 6 | … | 121 | 11 | 4 | ||||
| 14 | … | Non-effective Charges for Officers, etc. | 24,421 | 5 | 6 | … | 1,728 | 18 | 9 | |||||
| 15 | … | Non-effective Charges for Men, etc. | … | 16,863 | 14 | 4 | 2,029 | 2 | 11 | |||||
| 16 | … | Superannuation, Compensation, and Compassionate Allowances | 3,822 | 15 | 10 | … | 115 | 15 | 0 | |||||
| Balances irrecoverable | 583 | 13 | 11 | |||||||||||
| 125,621 | 0 | 1 | 282,574 | 16 | 8 | 28,324 | 12 | 7 | 169,950 | 2 | 11 | |||
| Net Surplus, | £156,953 | 16 | 7 | Net Surplus, | £141,625 | 10 | 4 | |||||||
| Surplus surrendered to the Exchequer | £298,579 | 6 | 11 | |||||||||||
Resolutions agreed to.
Adjournment
Whereupon, in pursuance of the Order of the House of the 18th day of July last, Mr. SPEAKER adjourned the House without Question put.
House adjourned at 7.35.