House Of Commons
Wednesday, 6th July, 1904.
The House met at Two of the Clock.
Unopposed Private Bill Business
Barrow-in-Furness Corporation Bill [Lords]. As amended, considered; Amendments made; Bill to be read the third time.
Barry Railway (Steam Vessels) Bill [Lords]; Oakengates and Dawley Joint Water Board Bill [Lords]. Read a second time, and committed.
Milwr and District Mines Drainage Bill [Lords] (by Order). Consideration, as amended, deferred till Tuesday next.
Airdrie Corporation Gas Order Confirmation Bill [Lords]; Wishaw Corporation Order Confirmation Bill [Lords]. Considered, to be read the third time upon Friday.
Arbroath Corporation Water Order Confirmation Bill; Dunfermline District Water Order Confirmation Bill. Read a second time; to be considered upon Friday.
Railway Bills (Group 9)
Sir EDWARD STRACHEY reported from the Committee on Group 9 of Railway Bills; That, for the convenience of parties, the Committee had adjourned till Tuesday, 19th July, at half-past Eleven of the clock.
Report to lie upon the Table.
Petitions
Licensing Bill
Petitions against; from Andover; Arnold; Arreton (two); Ashington; Awsworth; Ayr (two); Barnsley; Barrugh; Batley; Beccles; Blackburn; Blyth; Bolton (two): Broughton; Bucks-burn; Bungay; Carlton; Chester le Street; Choppington (two); Clanville; Coedpoeth; Croydon; Cudworth; Cymmaes; Darfield; Deansgate; Dodworth; East Kirkby; Edge Hill; Egremont (three); Esholt; Gawber; Glamorgan (three); Glasgow; Gorseinon; Great Houghton; Grimesthorpe; Guisboro'; Hartlepool; Hemsworth; Hetton le Hole; High Wycombe; Hirst; Hove; Hurst-bourne Priors; Keighley; Kensington; Leyland; Llwynhendy; Low Green; Lower Chute; Malton; Middlewich; Moor Row (three); Morpeth; Milton Green; New Basford; Newchurch; New Lenton; North Walsham; Nottingham (two); Osmaston; Overton; Portmadoc; Preston; Rhyl; Royston; St. Andrews; St. Meryn; Saltney; Seghill; Shafton; Sheffield; Shoreditch; South Hindley; Sowerby; Staincross; Stockport (two); Stone; Sunderland (two); Thruxton; Tranmere; Tregonna; Tulse Hill; Warrington; Weston Point; Wherwell; Whitchurch; Whittington; Wigton; Willington on Tyne; and Worthing; to lie upon the Table.
Licensing Bill
Petition from Nottingham, for alteration; to lie upon the Table.
Sea Fisheries Bill Lords
Petition from Lowestoft, against; to lie upon the Table.
Shop Hours Bill
Petition of the Scottish Trade Protection Society, against; to lie upon the Table.
Valuation Bill
Petitions for alteration; from Cannock; and Howden; to lie upon the Table.
Returns, Reports, Etc
Board Of Education
Copy presented, of Regulations for the Instruction and Training of Pupil Teachers from 1st August, 1904, to 31st July, 1905 [by Command]; to lie upon the Table.
Government Laboratory
Copy presented, of Report of the Principal Chemist upon the work of the Government Laboratory for the year ended 31st March, 1904, with Appendices [by Command]; to lie upon the Table.
Superannuation
Copy presented, of Treasury Minute, dated 30th June, 1904, declaring that for the due and efficient discharge of the duties of the office of Director of Barrack Construction, War Office, professional or other peculiar qualifications not ordinarily to be acquired in the Public Service are required [by Act]; to lie upon the Table.
Trade Reports
Copy presented, of Index to Reports of His Majesty's Diplomatic and Consular Representatives Abroad on Trade and Subjects of General Interest (with Appendix), 1903 [by Command]; to lie upon the Table.
Trade With Persia
Copy presented, of Report on the Condition and Prospects of British Trade in Persia, by H. W. Maclean, Special Commissioner of the Commercial Intelligence Committee of the Board of Trade [by Command]; to lie upon the Table.
Trade Reports (Annual Series)
Copies presented, of Diplomatic and Consular Reports, Annual Series, Nos. 3202 to 3206 [by Command]; to lie upon the Table.
Fishery Board (Scotland)
Copy presented, of Twenty-second Annual Report of the Fishery Board for Scotland, being for the year 1903. Part III. Scientific Investigations [by Command]; to lie upon the Table.
Diplomatic Reports (Coal)
Return ordered, "of Extracts relating to Coal from the Reports received up to the present date from His Majesty's Diplomatic and Consular Officers Abroad for 1903."—( Mr. Fenwick.)
Iron And Steel, 1903
Copy ordered, "of Memorandum and Statistical Tables showing the produc-
| Cause of accident. | Total number of accidents to persons or property. | Number of accidents to property. | Number of accidents to persons. | Total number of persons injured in accidents shown in column 4. | Nature of accidents to persons enumerated in column 4. | ||
| No. Slight. | No. Serious. | No. Fatal. | |||||
| 1. | 2. | 3. | 4. | 5. | 6. | 7. | 8. |
| Motor cars | 1,624 | 1,281 | 462 | 510 | 424 | 73 | 13 |
| Motor cycles | 193 | 94 | 120 | 130 | 108 | 18 | 4 |
| Horses | 445 | 147 | 332 | 337 | 280 | 49 | 8 |
| Horse-drawn vehicles | 22,113 | 16,283 | 7,327 | 7,584 | 6,552 | 842 | 190 |
| Totals | 24,375 | 17,805 | 8,241 | 8,561 | 7,364 | 982 | 215 |
tion and consumption of Iron Ore and Pig Iron, and the production of Steel in the United Kingdom and the principal Foreign Countries in recent years, and the Imports and Exports of certain classes of Iron and Steel Manufactures (in continuation of Parliamentary Paper, No. 240, of Session 1903)."—( Mr. Gerald Balfour.)
Questions And Answers Circulated With The Votes
Accidents Caused By Motor-Cars, Horses, And Horse-Drawn Vehicles
To ask the Secretary of State for the Home Department whether he can now give the number of accidents caused by motor-cars and by horses and horse-drawn vehicles in the year ended 31st May last. (Answered by Mr. Secretary Akers-Douglas.) The figures for the Metropolitan Police District are given in the table below. It is to be noted that in the absence of information as to the total numbers of horses or of the various kinds of vehicles in use, there is no basis for a comparison between the figures. It is not practicable to give similar figures for the rest of the country outside the Metropolitan Police District. Total number of accidents known to the police to have been due to the under-mentioned causes within the Metropolitan Police District during the year ended the 31st May, 1904.
Hyde Park Corner—Slippery Wood Pavement
To ask the hon. Member for Chorley, as representing the First Commissioner of Works, whether he will give directions that gravel or sand be placed upon the slippery wood pavement extending from the gateway of Constitution Hill across to the entrance of Hyde Park; and whether he is aware that up till 10 a.m. no such protection is given for drivers or riders crossing the wood pavement. (Answered by Lord Balcarres.) The Westminster City Council are responsible for this road, and it would rest with them to provide gravel or sand as suggested.
Disposal Of Bronze Lions From British Museum
To ask the hon. Member for Chorley, as representing the First Commissioner of Works, if he will state what has become of a number of bronze lions which were along the line of railings in front of the British Museum, and which were removed to widen the footway. (Answered by Lord Balcarres.) Twelve lions were removed to St. Paul's Cathedral with the concurrence of the Trustees of the British Museum; the remainder are at the Museum, in charge of the Trustees.
Disposal Of Colonnade From Burlington House
To ask the hon. Member for Chorley, as representing the First Commissioner of Works, if he will state what has become of the handsome stone colonnade (classical pillars, monoliths) formerly in front of Burlington House, Piccadilly, and removed by the Department of Works, and say why it is not re-erected in one of the Parks or elsewhere. (Answered by Lord Balcarres.) The colonnade is lying in Battersea Park; the question of re-erecting it is now under the consideration of the First Commissioner.
Outdoor Medical Belief In The Metropolis
To ask the President of the Local Government Board whether he will take steps to have a report made by the inspector now investigating the arrangements for outdoor medical relief in the Metropolis on the number of unions, if any, in which medical relief is granted on loan in the first instance, and on the practice of requiring applicants for medical relief to attend before the Board or a committee, with a statement of how long such practice has been in force and its effects on the number of applications. (Answered by Mr. Waller Long.) I will take steps to give effect to this suggestion as far as may be practicable.
Adulteration Of Food—Recommendations Of Royal Commission
To ask the President of the Local Government Board whether, in pursuance of their powers, the Board propose to take action on the lines recommended by the Royal Commission on Arsenical Poisoning in Part VIIIA. of their Report, by the appointment of a special expert officer, or otherwise, for securing better control over the purity of chemically prepared, preserved, or other foods liable to contain deleterious substances; and whether progress has been made in giving effect to the further recommendation of the Royal Commission, that the principle of officially prescribed food standards already enforced in the case of certain articles of diet should be applied to other foods and beverages. (Answered by Mr. Walter Long.) I have not at present decided to appoint a special expert officer of the kind referred to. The consideration of the recommendations of the Royal Commission is being proceeded with, and in connection with it the proposal with regard to the appointment of such an officer will receive attention. Effect, however, could not be given to the recommendations as to food standards without legislation.
Report Of Boiler Committee
To ask the Secretary to the Admiralty when the Final Report of the Boiler Committee will be in the hands of Members; and whether he can give the House any statement as to the coal consumption in the case of Belleville boilers as compared with that in the case of Babcock boilers or Yarrow boilers. (Answered by Mr. Pretyman.) The Pinal Report of the Boiler Committee was received on the 2nd instant, and is now under consideration. It is hoped that it will shortly be in the hands of Members. The coal used per H.P. per hour on the trials conducted by the Boiler Committee was as follows:—
| Babcock and Wilcox | 1·8 lbs. to 2·1 lbs. |
| Belleville | 1·8 lbs. to 2·1 lbs. |
| Yarrow large tube | 1·9 lbs. to 2·2 lbs. |
By-Laws Under The Employment Of Children Act
To ask the Secretary for Scotland how many sets of by-laws under the Employment of Children Act, 1903, have been sent to him for confirmation; what local authorities have sent these by-laws, and in how many, and what, cases the sanction of his Department has been given. (Answered by Mr. A. Graham Murray.) Proposed by-laws have been received from the town councils of Ayr and Glasgow, the county council of Dumfries, and the school boards of Greenock, Ayr, Glasgow, Stirling, Paisley, Perth, Annan, Govan Parish, Gourock, Leith, Peebles, Crieff, Blantyre Parish, Ardrossan. The proposed by-laws have been or are being locally advertised, and are now under consideration in connection with objections submitted in the respective cases. No by-laws have as yet been sanctioned.
New Scheme For Whitstable Charities
To ask the hon. Member for Tonbridge, as Parliamentary Charity Commissioner, whether, before sanctioning and sealing the new scheme for the Whitstable Charities, he will so amend it that the endowment originally provided for the payment of teachers' salaries shall continue to be paid to the local education authority as provided by Section 13 of The Education Act, 1902. (Answered by Mr. Griffith Boscawen.) The Commissioners do not understand that any payment has been made to the local education authority from this Charity; and whether any such payment ought under any circumstances to be made is a matter not for the Commissioners, but for the Board of Education. In the circumstances the Commissioners have nothing to add to their Answer of 1st July.†
Mr J Robinson's Farm At Ballinacross
To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether any application has been made to the Estates Commissioners to purchase the farm of Ballinacross from Mr. John Robinson, Sub-Sheriff of county Longford, who is willing to sell same for the benefit of the representatives of the evicted tenants, and with a view to their restoration thereto. (Answered by Mr. Wyndham.) No application has been made to the Commissioners for the sale of this farm.
Sale Of The O'brien Estate
To ask the Chief Secretary to the Lord-Lieutenant of Ireland to state the present position of the negotiations for the sale of the O'Brien Estate at Corglass and Cornakelly; and whether, in view of the delay in completing this sale, the Estates Commissioners will apply to Judge Ross for a request to issue under the 7th Section of the Act of 1903. (Answered by Mr. Wyndham.) I am informed by the registrar of the Land Judge's Court that the notice in Form 10 prescribed by the rules of 10th January, 1902, is about to be served. The solicitor having carriage of the sale is also acting for the tenants, and this would seem to afford a guarantee that no unnecessary delay will take place in bringing about a sale. The case will not be lost sight of by the Land Judge.
Promotion Of Sergeant Ryan—Royal Irish Constabulary
To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that
Sergeant Ryan, of the Royal Irish Constabulary, in Belfast, was some time ago found in an ill-conducted house; if so, will he state whether his conduct on this occasion was reported to his superior officer and what punishment, if any, was inflicted; and will he explain on what grounds has Ryan been promoted to the rank of head constable. (Answered by Mr. Wyndham.) The incident referred to in the first part of the Question occurred in January, 1896. Sergeant Ryan did not deny that he had entered the house, but stated he had done so with the object of endeavouring to trace stolen property. He was reported to be an excellent officer, and as there was no evidence to show that he entered the house for any purpose other than that stated by him, the Inspector-General considered that the necessities of the case would be sufficiently met by a caution against entering such a house in future. In July, 1900, he was permitted, on the recommendation of his officers, to compete for promotion to the rank of head constable. He was successful, and was promoted in October, 1900.†See page 317.
Belfast Police—Alleged Preference Given To Roman Catholics
To ask the Chief Secretary to the Lord-Lieutenant of Ireland if he can state why all the appointments made at Henry Street Police Barracks, Belfast, during the year 1902, and carrying with them extra pay, were given to Roman Catholics; and can he state the number of men stationed at this barrack, how many are Roman Catholics and how many are Protestants, including the district inspector who is in charge. (Answered by Mr. Wyndham.) Two such appointments were made in the year 1902. Both men are Roman Catholics, but the appointments were not determined by considerations of religion. In one case the extra pay amounts to a shilling weekly, and the recipient lost a night-watch allowance of similar amount. There are fifty-two men at Henry Street Barrack, twenty-eight are Roman Catholics, and twenty-four Protestants. The district inspector is a Roman Catholic.
Decorations At Roundstone—Action Of Police
To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that flags and banners were some time ago hung out of all the public-houses in Roundstone, county Galway; that the Reverend Father Glee-son sent a written complaint to Sir Antony M'Donnell against Sergeant Ryan an I Constable Laidley for explaining to certain publicans that it was illegal to hang flags from their licensed premises; and that the sergeant was severely reprimanded and the constable transferred because of performing this duty; and, if so, will he say whether an opportunity was given to Ryan and Laidley to refute the charges contained in Father Gleeson's letter; if not, will he lay a copy of the letter upon the Table. (Answered by Mr. Wyndham.) The replies to the first two queries are in the affirmative. On inquiry it transpired that only one publican was informed that a display of flags was illegal. The occasion on which these emblems were displayed was the eve of the visit to Roundstone of the newly-appointed Archbishop of Tuam, the first visit after his appointment. The flags exhibited were not Party emblems of the character contemplated by the statute 6 and 7 Will. 4, cap. 38, sec. 9, and as it appeared that the constable had acted without reference to the district inspector or head constable, the Inspector-General considered that his interference was improper, and he so informed him. The sergeant was exonerated from blame. Constable Laidley's transfer had no connection with this incident. The Inspector-General considered he had shown distinct sectarian feeling while stationed at Roundstone, and the county inspector was of opinion that, in the interests of the public service, it was necessary to transfer him to another station. Explanations were furnished by both the sergeant and constable in respect of the matters alleged against them by the Reverend Mr. Gleeson.
Cost Of Conveying Militia Artillery From The North To Portsmouth
To ask the Secretary of State for War whether he can state approximately the estimated cost of conveyance to and from Portsmouth of the Militia Artillery Corps from Lancashire, Durham, Northumberland, and various parts of Scotland for the purpose of mobilisation under the existing arrangements. (Answered by Mr. Secretary Arnold-Forster.) The estimated cost is as follows:—
| £ | |
| Northumberland Royal Garrison Artillery (Militia) | 1,150 |
| Lancashire Royal Garrison Artillery (Militia) | 400 |
| The Duke of Edinburgh's Royal Garrison Artillery (Militia) | 1,650 |
| Fife Royal Garrison Artillery (Militia) | 1,000 |
| Forfar and Kincardine Royal Garrison Artillery (Militia) | 1,250 |
| Durham Royal Garrison Artillery (Militia) | 1,150 |
| The South-East of Scotland Royal Garrison Artillery (Militia) | 1,000 |
| £7,600 |
North Of England Militia Artillery Training
To ask the Secretary of State for War whether the Militia Artillery Corps, forming part of the war garrison of Portsmouth but belonging to Lancashire, Durham, Northumberland, and various parts of Scotland, have at their own local headquarters the means of training at guns and artillery appliances exactly corresponding to those they have to serve when mobilised at Portsmouth. (Answered by Mr. Secretary Arnold-Forster.) Units of Militia Garrison Artillery are trained every third year at least at the fortresses to which they are allotted for mobilisation, and during other years at a work of defence armed with a modern armament. The cost of providing at the local headquarters appliances exactly corresponding to those the corps have to serve in a modern fortress, such as Portsmouth, would be prohibitive.
Attendance Of A Deputy Judge-Advocate At Courts-Martial In India
To ask the Secretary of State for War whether any regulation has been recently adopted as to dispensing with or otherwise altering the attendance at Courts-Martial in India of a Deputy Judge-Advocate, and on what grounds, and whether such change was approved by the Government before it was made; and, if so, whether the presence of an independent official possessing special legal knowledge is no longer considered requisite to safeguard the interests of accused soldiers at Courts-Martial. (Answered by Mr. Secretary Brodrick.) No report on the subject has been received from the Government of India. I will make inquiries.
Medal For Naval Service Against Fenians In 1868
To ask the Secretary of State for the Colonies why the services of those who were detailed for naval service in Canada against the Fenians in 1868 have not been recognised by the reward of a medal. (Answered by Mr. Secretary Lyttelton.) Medals were granted to those who were engaged in repelling the Fenian raids of 1866 and 1870, and in the Red River Expedition of 1870, but it was not considered desirable to grant the medal to men who served in the defence of the Dominion along the frontier in other years about that period, since their services practically amounted to policing the frontier, and they were not engaged in actual military operations.
Import Duty On Magazines In Australia
To ask the First Lord of the Treasury whether his attention has been called to the announcement made by the Australian Commonwealth Government that from 19th August next all magazines and periodicals containing more than 15 per cent, of advertising matter will be liable to an import duty of 3d. per lb.; whether he is aware that the effect of this duty will be to exclude from a British Colony a number of British magazines and periodicals; and what steps he proposes to take in the matter. (Answered by Mr. Secretary Lyttelton.) I have not yet seen the notification of the Australian Government to which the hon. Member refers, but I will inquire whether such a notification has been issued and will draw the attention of the Commonwealth Government to the probable effect of the proposal to which the hon. Member refers. The matter, however, must be left to the discretion of that Government to take what action they think fit.
Questions In The House
Admiralty Contractors and the Fair Wages Resolution—Case of Messrs. Lysaght, of Bristol.
I beg to ask the Secretary to the Admiralty whether Messrs. Lysaght, of Bristol, are contractors for the Admiralty; and, if so, whether it has been brought to his notice that Messrs. Lysaght are discharging men from their employment on account of their membership of a trade union, in contravention of the Fair Wages Resolution of the House of Commons, which has been adopted by all Government Departments; and, if so, what steps he proposes to take in the matter.
The Answer to the first part of the hon. Member's Question is in the affirmative, and to the second part in the negative. The Fair Wages Resolution of the House of Commons does not appear to lay down any guidance for dealing with cases of this character, unless it can be shown that the firm are paying less than the current rate of wages.
Does the Secretary to the Admiralty intend the House to understand that the question of the preferential employment of non-unionists as against unionists is net raised by the Resolution?
I do not think there is anything regarding that in the Fair Wages Resolution.
*
Will the hon. Member acquaint himself with the circulars issued by the Treasury on the subject?
Machine Guns In The Regular Army
I beg to ask the Financial Secretary to the War Office if he will state the number of Maxims, Nordenfelt, and Gardner machine guns, respectively, in use in the Regular Army; the number required to complete the armament; the number of each ordered for the present financial year, and where the orders have been placed; and also the cost of manufacture at Enfield Small Arms Factory, and the price paid to private firms for each class of gun.
*
There are in use in the Regular Army 990 Maxims, 33 Nordenfelts and 90 Gardner machine guns and a reserve of 25 per cent is held. The number of guns required to complete the armament is 110 Maxim guns; 81 are available for issue in store and 80 are still due on last year's orders. 100 Maxim guns have been ordered this year, one-half being placed with the Ordnance Factories and one-half with Messrs. Vickers, Maxim and Company. The only private firm manufacturing Maxim guns is Vickers, Maxim and Company, whose invention the gun is, and when arrangements were made with them for manufacture by them and the Ordnance Factories an undertaking was given not to divulge the price paid.
War Office Contracts—Messrs Lysaght And The Fair Wages Resolution
I beg to ask the Secretary of State for War whether Messrs. Lysaght, of Bristol, are contractors for the War Office; and, if so, whether it has been brought to his notice that Messrs. Lysaght are discharging men from their employment on account of their membership of a trade union, in contravention of the Fair Wages Resolution of the House of Commons, which has been adopted by all Government Departments; and, if so, what steps he proposes to take in the matter.
The statements of fact contained in the hon. Member's Question, as to which I have no knowledge, do not indicate any contravention of the Fair Wages Resolution, which obliges this firm, and any firm employed under a Government contract, to pay the rate of wages generally accepted as current for similar work in the same district.
Is it a fact that Messrs. Lysaght are doing work for the War Office, and, if so, will the War Office not consider themselves bound to interfere in a case where preference is shown to non-unionists as against unionists.
We do employ Messrs. Lysaght, but under the Fair Wages Resolution there is no obligation on us to compel them to employ any particular persons, unionist or non-unionist.
*
The hon. Gentleman has said that even if the facts are as set forth, the War Office would have no right to interfere.
No, I did not say that.
*
Will the hon. Gentleman acquaint himself with the evidence taken before the Fair Wages Committee, and the debates in which a positive pledge was given on this subject?
I will.
Will the hon. Gentleman also make himself acquainted with the facts as to whether men are being discharged or not.
I will make inquiries, but in any case I am not clear that we have any power.
Is it not the case that in August, 1893, the then Secretary of the Treasury and myself, speaking on behalf of the Government—
*
That is a Question of which, I think, notice should be given.
Retired Volunteers
I beg to ask the Secretary of State for War whether there is any available record of the number of retired Volunteers under thirty years of age who, during their term of service, were efficient for not less than three years.
The Answer is in the negative.
Expenditure On Rifle Ranges
I beg to ask th.3 Secretary of State for War if he will say how much of the £40,000 set aside in 1899 for rifle ranges has been actually appropriated; where such new ranges have been constructed; and whether they are open or screened.
The £40,000 originally allotted from the Military Works Loan, 1899, for Volunteer ranges was subsequently increased to £170,000. It has been all appropriated as shown in the Return which I have the pleasure of handing to the hon. Member. The money has been utilised in assisting Volunteers in providing range accommodation suitable for the ·303 rifle, either by extending or improving existing ranges or constructing new ones. The ranges for which grants have been made are all open ranges except five, viz., Oxford, Lincoln, Norton (Stockton-on-Tees), Kirkland (Fife), and Clifton, which are screened.
South African Constabulary
*
I beg to ask the Secretary of State for the Colonies whether the force suggested by the Government for the new South African Constabulary in 1901 was 10,000 men, whether he can say when the intention was formed that the force should consist of only 6,000, and when the strength was reduced to 5,000; whether he can state up to what date he possesses the Return of actual strength, and if he can give the figure of the actual strength at the date of the last Return; what was the original estimate of cost for 10,000 constabulary; and what is the expenditure contributed by the Transvaal towards the South African Constabulary in the present year.
It was decided to constitute such a force towards the end of 1900. Lord Roberts considered that the force should be 10,000, as the extra number would obviate the need of more Regular troops for the work then required, but from the beginning Lord Milner maintained that 6,000 would be sufficient for police purposes when the war was over, and that fewer would be required after a time. The force was reduced to 5,000 in the course of the present April. The last Return of strength is dated 1st June and gives the actual strength as 4,770. The original estimate was £250 per man, or a total cost of £2,500,000 per annum. The cost of the constabulary is provided in the Inter-colonial Budget and not directly on the Transvaal Estimates. Towards the deficit on the Inter-colonial Budget for the year ended 30th June the Transvaal is contributing a sum of £767,000. In general explanation, I would refer the right hon. Member to pages 30 and 51 of Blue-book, Cd. 2102.
Sunday Labour In Transvaal Mines
I beg to ask the Secretary of State for the Colonies whether, in view of the fact that one of the conditions of the agreement under which Chinese labourers are being introduced into the Transvaal provides that Sunday labour shall be optional, and to the fact that a conference has been summoned by the Johannesburg Free Church Council (which defended the introduction of Chinese labour) to protest against this condition, he proposes to take any, and, if so, what action in the matter.
The contract provides that Sundays shall be holidays and that labourers are not bound to work on that day. Under the Sunday Labour Law, no ordinary mining work is done on Sundays, as I have been informed, but only work which is absolutely necessary, such as pumping, repairs, etc. I have not had the conference referred to brought to my notice, but I will make inquiry on the subject.
Is the right hon. Gentleman aware that the stamps, etc., are running every day and that the mining goes on on Sundays just the same as on ordinary days?
Why is it necessary to do repairs and pumping on Sundays?
Are not these labourers paid on the basis of thirty days per month?
Of thirty working days per month.
Boer Repatriation—Expenditure
I beg to ask the Secretary of State for the Colonies whether he has now ascertained from Lord Milner whether he is willing to furnish a detailed statement of the moneys expended in repatriation of the Boers after the war, and in compensation for losses sustained by them in or in consequence of the war, and stating the name and address of every person who received £100 or upwards of such moneys, and on what account the same was received.
I have referred the hon. Member's request to Lord Milner, and he informs me that the suggested limitation of the Return to recipients of £100 and upwards would not materially affect the reasons for which I stated that such a Return could not conveniently be prepared, as involving an unjustifiable expenditure of time and money.
Is the right hon. Gentleman aware that there is considerable anxiety in South Africa as to whether the money has been properly expended, and is it not desirable to allay that feeling whatever the expense?
was understood to reply that wherever there was money to be distributed there was always anxiety.
Will the right hon. Gentleman give a Return showing the names of the persons whose farms were sold during the time of the war while they were fighting for their country.
I shall raise the question on the Colonial Vote.
Repatriation Loan
I beg to ask the Secretary of State for the Colonies how much of the £5,800,000 spent out of the Guaranteed Loan for repatriation purposes under Head III. was spent on cost of administration.
I am not able to state the amount spent on administration until I receive Lord Milner's final report. I would refer the hon. Member to Sir Arthur Lawley's observations on the point at page 64 of Cd. 1895.
The Somali Mullah
I beg to ask the Under-Secretary of State for Foreign Affairs what is the present position of the Somali Mullah, stating the estimated number of his followers, and the amount of rifles and ammunition in his possession.
*
We have no definite information as to the present position of the Mullah or strength of his following, and the report that he has returned to the Nogal Valley is not confirmed.
Administration Of Somaliland
I beg to ask the Under-Secretary of State for Foreign Affairs how many officers have been sent out in the last three months upon special service to Somaliland; whether any military operations are taking place in that country, and what force it will be necessary to maintain in the Protectorate in order to preserve peace; whether he can state what number of officers will be required in future to administer the Government there.
*
No special service officers have been sent out since the termination of the war, and no military operations are now taking place. Two Indian regiments and two companies of mounted infantry will remain as a temporary garrison pending the reorganisation of the local forces. The normal European staff of the Protectorate consists of eleven civil and ten military officers.
*
What was the date of the termination of the war?
*
said he could not give the exact date when military operations were supposed to have terminated. His Answer referred to the period when the Foreign Office took over the control.
Somaliland Protectorate Boundaries And Administration
I beg to ask the Under-Secretary of State for Foreign Affairs whether His Majesty's Government contemplate any immediate demarcation of the area of the Protectorate in Somaliland which, by the Order in Council just made by His Majesty, has been placed in charge of a Commissioner; whether this Commissioner is to act under the direction of the Foreign Office, or, if not, under the direction of what Department or official, and whether he is to be in any way instructed either from Aden or from Bombay; and whether he can give the House any information as to the recent movements and present position of the Mullah.
*
The Answer to the first paragraph is in the negative; the Commissioner is to act under the direction of the Foreign Office. As regards the last paragraph, I must refer the right hon. Gentleman to the reply which I have given to-day to the hon. Member for South Molton.
Sugar Convention Expenditure
I beg to ask the Under-Secretary of State for Foreign Affairs if he will give the total sum and the chief details of the expenditure during the last financial year on or in connection with the Sugar Convention and the Permanent Committee at Brussels from money voted by Parliament.
*
The total expenditure was about £1,200. The principal items other than expenses for maintenance and travelling are: £700 for the remuneration of the British Delegate and of the Assistant Delegate, and £140 for the British share of the expenses of the Permanent Committee.
Macedonia—European Officers Of Gendarmerie
I beg to ask the Under-Secretary of State for Foreign Affairs whether the Government has acquiesced in Hilmi Pacha's circular limiting the duties of the European officers of gendarmerie in Macedonia to technical instruction of their men, and confining the right to receive complaints from the inhabitants to the civil assessors.
*
In an interview with Sir N. O'Conor, the Grand Vizier stated that he was not aware that any instructions had been sent to the Inspector-General in the sense of the alleged circular alluded to by the hon. Member, and the reports of Colonel Fairholme indicate that the British officers are receiving the cordial co-operation of the Turkish authorities.
Proof Spirit In Sweets Imported From The Continent—Restriction Of Sale
I beg to ask Mr. Chancellor of the Exchequer whether his attention has been drawn to the importation into this country by German and other Continental manufacturers of quantities of sweets, particularly chocolates, containing a large percentage of proof spirit; and whether, having regard to the danger of the sale of such articles to children, the Board of Inland Revenue propose to take steps to check such sale: and whether he will state under what conditions, if any, such articles are allowed to be sold without a licence.
The hon. Member was good enough to draw my attention to this matter by a private letter. I have been in communication with the Board of Inland Revenue on the subject. The only thing that they can do is to insist that goods containing an appreciable percentage of spirit should not be sold by any person not holding a spirit retail licence, and they are issuing warnings to that effect in such cases as appear to them to require it.
May I ask whether a proportionate duty is levied on these goods?
I think so.
Alcohol For Manufacturing Purposes
To ask Mr. Chancellor of the Exchequer whether he has yet formulated any experimental scheme for the production and sale of alcohol for manufacturing and industrial purposes; whether he is aware that alcohol can be manufactured at fourpence a gallon from such materials as bad potatoes and mildewed grain; whether his attention has been drawn to the extent of German trade in this respect; and whether he intends to allow such spirits to be blended in bonded warehouses and sold as pure whiskey.
I am not quite clear as to what the hon. Member refers. I would, however, refer him to Section 8 of the Finance Act, 1902. I may at the same time mention that I am considering whether it would be advisable to alter the present law which prohibits the sale of methylated spirit by retailers in quantities of more than one gallon. As regards the cost of certain forms of alcohol, and its composition, and the extent of the German trade in such forms of alcohol, I have seen statements to the effect (more or less) of those made by the hon. Member, but I have no official information on the subject. And, with reference to his last Question, I have nothing to add to the reply given to the hon. Member on Wednesday the 22nd June† to a somewhat similar Question.
Cannot the right hon. Gentleman get information from the Customs officials as to the extent of the German trade?
†See (4) Debates, cxxxvi., 827.
I do not think I can. They cannot get information as to the sources from which the spirit is obtained. When spirit is imported as silent spirit it is absolutely impossible by any analysis to say how it has been made. It is pure spirit and nothing but that.
What is silent spirit?
Absolutely pure spirit.
Cannot the right hon. Gentleman ascertain the quantity of the spirit imported from Germany.
Yes, I could obtain that, but I could not say how it was made, whether from potatoes or mildewed grain. I have no means of arriving at the sources from which it is manufactured.
Have you any information as to the amount of such spirit blended in the bonded warehouses and sold as whiskey?
*
Order, order! That does not arise out of the Answer.
Mails In County Fermanagh
I beg to ask the Postmaster-General if he is aware that since May last mid-day mail bags from Belleek, Irvinestown, Billinamallard, and other places, have been abolished, while previous to this letters could be posted early in the day and delivered in Enniskillen at 2 o'clock p.m.; that, under the present conditions, letters posted in any of the places mentioned have necessarily to go viâ Omagh, and take a long time in delivery; and, if so, will he consider the advisabilty of improving the present postal system in the places referred to.
I will have inquiry made on the subject, and will acquaint the hon. Member with the result.
Government Education Grant—Method Of Distribution
I beg to ask the Secretary to the Board of Education whether he is now in a position to make a statement relative to the representations which have been made to him concerning the hardship to poorer schools, and especially to country schools, likely to arise under the method of distributing Government grants to elementary schools proposed under Article 31* of the Education Code for 1904–5, and relative also to the difficulties in registration which that proposed distribution will involve.
The total result of the method of distributing grants proposed in the Code would not involve a loss to local education authorities, taking the country as a whole; but it appears that some of the rural counties and some of the boroughs would incur a small, but an appreciable loss. I am of opinion that very slight improvement of attendance generally, and some better arangement as to the attendance of children under the by-laws relating to partial exemption, would cancel the losses which at present would arise in certain areas if the proposed change were carried into effect. But in view of the fact that under existing circumstances the change cannot be introduced without involving these losses the Board will revert to the system hitherto in force; at the same time they hope that in another year or two the methods proposed in the Code for 1904 may be brought into use without risk of hardship to any local education authority, rural or urban.
Will the hon. Baronet issue a Minute setting up the arrangement to which it is proposed to revert.
Certainly.
Irish Agricultural Organisation Society
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Department of Agriculture exercise any supervision over the annual sums granted to the Irish Agricultural Organisation Society; and by what power and authority are such sums granted, seeing that this society, aided by public money, is in direct competition with other similar societies dealing in Irish agricultural produce.
The sums paid to the society have been in respect of the remuneration and expenses of its officials whom the Department has employed from time to time instead of appointing additional officers on its staff. No payments have been made by way of grant. The Act of 1899 authorises the Department to apply its funds, with the concurrence of the Agricultural Board, for the purposes of promoting agricultural and other rural industries.
Is the right hon. Gentleman aware that this society is in direct competition with private enterprise all over Ireland?
I do not know if that is an accurate description, and even if it were I think the action of the society is one we ought to view with pleasure. The duty of the Department is to spend money for the promotion of agriculture, and, as I have said, it has simply employed officials of the society instead of increasing its own staff.
Land Purchase—The Macgillycuddy's Estate, County Kerry
I beg to ask the Chief Secretary to the Lord-Lieutentant of Ireland whether the attention of the Estates Commissioners has been directed to the sale of The Macgillycuddy's Estate, county Kerry, in the Land Judge's Court; whether they are aware that the holding of Mr. Daniel Shea, an evicted tenant who has made application to the Commissioners already, is situated at Cleeny on this estate, and held by the Earl of Kenmare as a middleman under The Macgillycuddy; and whether the Estates Commissioners have taken any, and, if any, what, steps to safeguard the interests of the evicted tenant.
Proceedings for sale of a portion of this estate were recently pending in the Land Judge's Court. On the application of the owner, however, proceedings were stayed, and an order was made enabling him to negotiate for a sale of the whole of the property to the Estates Commissioners. The application received from the evicted tenant will be duly considered.
Can we rely on the right hon. Gentleman to see that this evicted tenant is reinstated?
I have every confidence that the Commissioners will do their duty.
American Duties On Irish Cured Fish
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether any steps have been taken by the Irish Government with a view to induce the American Government to withdraw the prohibitory tariff proposed to be imposed on Irish cured fish imported into that country.
The Irish Government communicated with the Foreign Office on the subject. My noble friend the Secretary of State for Foreign Affairs states that the alteration in the method of assessing the duty is due to a ruling by the Board of General Appraisers. Against this ruling there is a right of appeal to the Circuit Court of the district, and, under certain circumstances, a further appeal to the Supreme Court It would appear that advantage has already been taken of this right of appeal, and my noble friend does not consider that any useful purpose would be served by making representations to the United States Government at the present stage. But the matter will be closely watched and representations made when they are likely to have good results.
Is the right hon. Gentleman aware that this increased taxation is practically killing the Irish mackerel fishing industry?
Blennerhassett's Estate, Kerry—Case Of Daniel Murphy
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Estates Commissioners have received an application for reinstatement in his farm from Daniel Murphy, Dromin, Milltown, county Kerry; whether he is aware that the greater part of the estate (A. Blennerhassett's Estate) on which the farm is situated is already purchased; that the present holder of the farm (Mr. Wharton) has no judicial title; and, if so, whether steps will be taken, under the provisions of the Land Act, 1903, to have Mr. Murphy reinstated.
The greater part of this property was sold some time ago to the occupiers under previous Land Purchase Acts. No application has been received by the Estates Commissioners in respect of the sale of the remainder, nor have they received any application on behalf of the reinstatement of Daniel Murphy.
Fishing Eights At Ballynahinch
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that the water bailiffs at Ballynahinch, county Down, continually interfere with the rights of individuals fishing either with rod or line; and will he give instructions for their interference to cease.
There have, I believe, been several cases of interference by bailiffs with persons fishing legally with rod and line at this place. Further inquiries are being made in the matter by the new Department, the result of which I will communicate to my hon. friend.
Game Bights On The Clanricarde Estate, County Galway
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that in August or September, 1902, the Clanricarde tenants at Derrygoolan, county Galway, refused to allow strangers or poachers to trespass on their lands in pursuit of game, those tenants being in possession of their holdings for many years as tenants from year to year, and consequently the owners of the game rights on their farms; that on the 12th August, 1903, the same tenants again refused to allow strangers or poachers to shoot over their lands, although those outsiders were accompanied by police as a protection force; and whether, in view of the fact that no action has been taken since autumn, 1902, either by the landlord, Lord Clanricarde, or anybody else, to contest the tenants' right to the game on their holdings, a police protection force will be refused to any party endeavouring to shoot over these lands, to whom the tenants have refused permission.
I am not informed of the particulars of events which the hon. Member states took place in 1902–1903. The attendance of police on such occasions is solely to prevent serious breaches of the peace, and is not to prevent any person entitled to a legal right from asserting it in a lawful manner. If the tenants are the aggressors and remove the so-called strangers, the latter can proceed civilly or criminally for assault. If the so-called strangers are the aggressors, then the tenants can proceed civilly before the County Court or before the magistrates for trespass in pursuit of game, and thus have the legal rights of the respective parties determined in a Court of Law. I cannot and ought not to pronounce an opinion as to the rights of the respective parties, being, as I am, in ignorance of the nature of the contract of tenancy between the landlords and tenants.
Does the right hon. Gentleman deny that these tenants are tenants from year to year and were so previously to the passing of the Land Act of 1881?
No.
Will you inquire from the police if the statements in my Question are correct, and whether, also an offer of 1s. per head has been made to the tenants for every bird killed?
In reply to Mr. ROCHE,
said the police would only go to the place if there was reason to believe that there might be a breach of the peace.
What does the right hon. Gentleman think would be a lawful and legitimate protest under these circumstances?
*
Order, order!
Larne Urban Council
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he has received a memorial from the Urban Council of Lame (county Antrim) praying for an increase in the number of councillors; and, if so, will he state what action he proposes to take in the matter.
The district council has made application to the county council for an increase in the number of urban councillors. It is for the county council to consider the application and, should it be of opinion that a prima facie case is made out, to cause an inquiry to be made in pursuance of Article 26 of the Application of Enactments Order.
Belfast Corporation—Outbreaks Of Infectious Disease
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether his attention has been called to a resolution passed by the Works Committee of the Belfast Corporation, held on 29th June, declaring that, owing to the serious and periodical outbreaks of infectious diseases in the City of Belfast, the attention of the Public Health Department be called to the present system of dumping the refuse, which must contain germs of disease, on ground intended for building purposes; and whether, seeing that the system has been encouraged rather than repressed by the Belfast Corporation, he will, in the interests of the health of the community, cause inquiries to be made by the Local Government Board into this practice with a view to its discontinuance.
The resolution of the Works Committee is under the consideration of the Corporation. As already stated, the Local Government Board has received no complaints in the matter. The Board's Medical Inspector will, however, make inquiries.
Tobacco Growing In Ireland
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland if he can furnish particulars as to the arrangements made for the experimental growing of tobacco in Ireland; and if such experimental growing will be carried on in different parts of Ireland, so that reliable trials may be made on a fairly large area of ground, in four or five different localities, thus enabling an opinion to be formed as to the results in different districts.
In 1900, 1901, and 1902 experiments under the supervision of the Department were undertaken at a number of selected centres in Ireland, the results of which have satisfied the Department that the tobacco plant can be successfully cultivated in that country. In order, however, to determine the possible commercial value to the country of tobacco cultivation, arrangements were made for the growing of the crop on about twenty acres in the vicinity of Navan during the present year. Until the Department has satisfied itself with respect to the actual financial result, it will not be in a position to consider the question of the initiation of similar experiments elsewhere.
Has it been brought to the notice of the right hon. Gentleman that tobacco was successfully grown in Tralee. Why have not the Department experimented in more than one county?
I think my Answer covers that ground.
Rathmines Commissioners And The Dublin County Council
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Local Government Board have sought the counsel and advice of the Law Officers of the Crown to guide them in their decision on the appeal of the Rathmines Commissioners against the decision of the Dublin County Council.
No, Sir. I stated in reply to a Question by the hon. Member for South Dublin on the 20th June, † that the Board has authority to obtain the opinion of counsel in important cases, and that should it become necessary to consult the Law Officers of the Crown in the present case the Attorney-General will alone advise.
Why not the Solicitor-General? Why is the exception made in this case?
[No answer was returned.]
Trawling In Muir Bay
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland, whether it has come to the knowledge of the Fisheries Branch of the Department of Technical and Agricultural Instruction that eight trawling boats, whose decks have been seen strewn several inches deep with fish spawn, have been constantly operating on Sundays and week days for the past month across the entrance to Muir Bay, to the loss and injury to the means of livelihood of the local fishermen; has the "Granuaile" yet made the long-promised surprise visit to the neighbourhood of Muir Bay; and what steps, if any, does the Government propose to take, with the view of securing the fishermen from deprivation of their livelihood by the illegal practice of trawling.
The waters in question are closed to trawling inside denned limits, which are locally well known; but the Department has no information that trawling has been carried out within the prohibited area. It is giving the matter close attention, however, and if an infraction of the law is brought to notice it will institute proceedings. It was only on the 25th June that a promise was given that the "Granuaile" would visit the waters. The element of surprise will disappear if the hon. Member presses me to give indications of the visit's probable date.
Blacklion Dispensary, Enniskillen Union
I beg to ask the Chief Secretary to the Lord-Lieu-
tenant of Ireland if his attention has been drawn to the report of Dr. M'Carthy, made to the Local Government Board on the 30th May last, in reference to the condition of the Blacklion Dispensary in the Enniskillen Union, and to his statements that the rooms are filled with accumulations of old bottles and rubbish, and that vigorous action is needed to remedy this state of affairs, and as to the unsuitability of the rooms used for the dispensary for children and delicate and elderly patients; and, if so, will he take steps to compel the improvement of these premises, or insist on the guardians providing another house instead of that now occupied by the dispensary.† See (4) Debates, cxxxvi., 491.
The attention of the guardians has been directed to this report, and the Board has no reason to doubt they will take suitable action to remedy the condition of things complained of.
Ballinasloe Union Medical Officer
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he can state on what grounds the Local Government Board has refused to sanction the increase of £10 a year to £130 in the salary of Dr. Collins, the Protestant Medical Officer of Ballinasloe Union; whether he is aware that all the Catholic guardians are in favour of the proposed increase; and whether the Local Government Board, although withholding its sanction of this increase to an experienced Poor Law officer, has sanctioned initial salaries of larger amount for medical officers without Poor Law experience.
The Board has no knowledge of the religious persuasions of Dr. Collins and the guardians. The Board refused to sanction the proposed increase of salary, because of the small amount of work recorded as having been performed in Dr. Collins' district, and in view of the fact that his salary was increased to its present amount so recently as 1902. The Board, however, expressed its willingness to consider any reasonable scale of salary which might be formulated by the guardians, and made applicable to the entire medical staff of the union. Every case is considered on its merits, and higher initial salaries have only been allowed where they were warranted by circumstances.
Will the right hon. Gentleman inform the Local Government Board that Dr. Collins is a medical officer, and that the increase of the salary has been voted by Catholic guardians.
How would the right hon. Gentleman like to have to live on 1130 a year?
[No Answer was returned.]
Irish Agricultural Department—Catholic Clerks Of The Veterinary Branch
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he will state how many communications (giving dates) were received at the Merrion Street offices of the Agricultural Department, from the Catholic clerks of the veterinary branch since 1st April, 1900, in reference to their position; how many of these communications were registered as official documents, and on what dates were they respectively registered; and on what dates respectively were these communications replied to.
Several communications have been received by the Department from temporary clerks formerly employed in the veterinary branch, and transferred to the new Department. Their religions are unknown to the Department. The communications were duly registered as official documents, and were duly answered. I have already replied to numerous Questions addressed to me respecting the position of these clerks. It would be subversive of official discipline, and opposed to precedent, to enter into details of the character suggested by the hon. Member, and I must decline, in the circumstances, to give the information he desires.
Why is this disability imposed by the Department?
The hon. Member has no right to say any disability is imposed.
I am only suggesting what I am in a position to prove?
Labourers (Ireland) Act—Cost Of Registration Of Title
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that, in the case of lands acquired in fee under the Labourers (Ireland) Act, the Local Government Board issued a circular or letter to rural sanitary authorities, calling their attention to the desirability of having the title to the plots registered under the Local Registration of Title (Ireland) Act, 1891; and whether, seeing that the average cost of registering the title to each plot is between £5 and £6, he will consider legislation with a view to providing for free registration of the title to these plots as of holdings purchased under the Land Purchase Acts.
I have ascertained that no circular of the character mentioned has been issued by the Local Government Board, the Land Commission, or the Registrar of Titles. The maximum fees payable in the Registry of Titles in respect of any such registration as that referred to amount to 13s. only.
The Anglo-French Convention
I beg to ask the First Lord of the Treasury when it is proposed to exchange the ratifications of the Convention between England and France of 8th April, 1904, relative to Newfoundland, the Gambia, the Isles de Los, the Niger, and Lake Chad; in case the Convention should not be ratified, will the stipulations it contains in Articles IV. to VIII. as to the Gambia, the Isles de Los, the Niger, and I Lake Chad becomes inoperative as well as the stipulations in Articles I. to III. as to Newfoundland; and have any steps been, or are any being, taken to carry out the Articles IV. to VIII.
The following Questions also appeared on the Paper—
I beg to ask the First Lord of the Treasury are the two Declarations, one respecting Egypt and Morocco and the other concerning Siam, Madagascar, and the New Hebrides, essential parts of the Agreement with France represented by those two Declarations and by the Convention of 8th April, 1904, relating to Newfoundland, the Gambia, and the Niger; and is it understood between His Majesty's Government and the French Government that the two Declarations will retain their effect and be carried into execution even in case the Convention fails to be ratified.
I beg to ask the First Lord of the Treasury, have the Government of Newfoundland made any representation to His Majesty's Government or raised any difficulties affecting the rights conceded to the French under Article II. of the Anglo-French Convention of 8th April, 1904, in respect of Newfoundland local regulations as to bait, fishing, or access to ports on the so-called French shore, or in respect of the policing of the fishing; and was any agreement come to by His Majesty's Government with the Government of Newfoundland on these points before the Convention was signed.
Perhaps my hon. friend will be good enough to postpone, say for ten days, any Question upon this subject. I do not think it would be in the public interest that I should at this moment give a reply by way of Question and Answer across the floor of the House.
Does that refer to all my Questions?
Yes; they all relate, more or less directly, to the Anglo-French Agreement, and I am inclined to think that it would be desirable, if my hon. friend sees no objection, to defer them for the time I have suggested.
assented to the suggestion of the right hon. Gentleman, but added that, in view of the extreme gravity of the situation that might arise, he would put the Questions down again a fortnight hence.
Labourers (Ireland) Act Amendment Bill
I beg to ask the First Lord of the Treasury what course the Government intend to take with reference to the Irish Labourers Bill; and whether they have considered the desirability of referring the Bill to one of the Grand Committees.
I see no objection to referring the Irish Labourers Bill to one of the Grand Committees in the present condition of public business.
Will the right hon. Gentleman adopt that course.
Yes Sir, I will?
To which Committee will it be sent?
I am afraid I cannot answer that, nor is it necessary I should do so at the present moment, but the information will be forthcoming when the Motion is made.
Until the Aliens Bill is disposed of, it is undesirable to send this Bill to the Grand Committee on Law.
Of course, the condition of business in the Grand Committees must be one of the governing considerations in determining to which Committee the Bill should be sent.
Budget Proposals Affecting Stripped Tobacco
I beg to ask the First Lord of the Treasury whether, having regard to the disorganisation of the tobacco trade and almost complete cessation of dealings in stripped tobacco, as shown by monthly circulars, by reason of proposed fiscal changes, he can expedite the resumption of the debate on the Budget proposals affecting tobacco.
I am as well aware as my hon. friend of the inconveniences which have resulted from the postponement of the Budget. I hope to take it on the first complete Parliamentary day on which we do not take the present stage of the Licensing Bill.
Committee Of National Defence
I beg to ask the First Lord of the Treasury in what capacity and for what reason did Lord Curzon attend and take part in the proceedings of the Committee of the Cabinet for National Defence; and whether there is any, and, if so, what, precedent for a gentleman without special naval and military experience, who is not a member of the Cabinet, taking part in the proceedings of a Committee of the Cabinet or of the Cabinet as a whole.
The Committee of Defence have the right, and I think a most valuable right, to summon to their councils anybody whom they think will assist them in their deliberations.
Did Lord Curzon attend as Lord Warden of the Cinque Ports?
No.
Passive Resisters
I beg to ask the First Lord of the Treasury if he will hold an inquiry by Royal Commission or otherwise into the grievances of the 22,000 ratepayers who have refused to pay rates under the Education Acts of 1902 and 1903; and, if not, will he say what course he intends adopting to remove the grievances of those who object conscientiously to the provisions of these Acts.
I have never been able to understand that there were any grievances.
It is well known that there are grievances, so I press for a further reply.
It is not known to me.
May I ask what action will be taken with respect to the 22,000 ratepayers who have refused to pay the rates—putting aside the ques- tion whether or not they have a grievance.
I suppose that rests with the rating authorities.
The Operations In Tibet
I beg to ask the First Lord of the Treasury whether the Government has received any information this morning with reference to the operations in Tibet.
Perhaps my hon. friend will put down a Question to my right hon. friend the Secretary of State for India, who is not now in his place.
But is there not important news to-day which the House should have?
I think the right hon. Gentleman will agree with me that to ask me, without notice, at five minutes to 3 o'clock, and in the absence of my right hon. friend the Secretary of State for India, to give the House an account of events in Tibet, is a bit unreasonable. If I had had the smallest notice that such a Question was going to be asked I should have brought down the necessary documents.
I thought it was not unusual, except in matters involving complicated negotiations, to ask a Question without notice on incidents occurring from day to day.
I did not bring down the telegram, but if I had been told, even ten minutes ago, that a Question was going to be asked, I would have sent for it. But it so happens that a right hon. friend of mine has got it, and I see no reason why I should not read it to the House. But of course I could not be expected to bring it down, and I think that to repeat from memory a telegram of such a character would be setting a very evil precedent. The telegram is as follows—
"Young husband reports that to-day he sent two messengers to Tibetans that signal gun would be fired at 12 o'clock, and that if fort was not surrendered firing would commence at 12.30. The delegates—Tongsa Penlop and Ta Lama—women and children were warned to leave fort. No notice was taken by Tibetans there, and at 12.38 firing on the fort commenced."
Business Of The House
I beg to ask the right hon. Gentleman what Votes will be taken to-morrow and Thursday in next week, as well as the business for Friday.
Irish Estimates will be taken to-morrow, the Votes being those for the Land Commission, the Board of Works, and the Chief Secretary's salary. Under any circumstances the Chief Secretary's salary will be the first Order at the evening sitting. In response to the earnest request made to me by the right hon. Gentleman the Member for East Somerset, Friday will not be an allotted day to the Licensing Bill, and I therefore propose to take the Irish Land Bill and the reference to a Grand Committee of the Irish Labourers Bill.
I presume the reference of the Labourers Bill will be the first Order?
There is probably a good deal-to be said in favour of that.
As the Labourers Bill is likely to be bitterly opposed by hon. Gentlemen on this side of the House, will the right hon. Gentleman put that second Order.
was understood to express a hope that the opposition would not be of undue length.
As to the Cunard agreement?
I am not yet able to make any statement as to the debate on the Cunard agreement.
Access To And From The House
said he desired to draw the attention of the Speaker to Sessional Order No. 11, and to ask him to interpret and clearly define the meaning of it.
*
I am not called upon to give interpretations of the Sessional Orders unless an occasion arises. The hon. Member must first show that he is raising some question of privilege or Order.
said he was raising a question of privilege on Sessional Order No. 11. That Order was as follows—
He was proceeding from that House to his home on 12th May, and on the near side of the road in Regent-street the roadway was entirely obstructed by a hose, making it impossible for him to proceed on the near side of the road without either going over the hose or waiting until the obstruction was removed. He thereupon drove on the off side of the road, and as soon as possible returned to the near side. When he stated the case to the magistrate as a question of privilege, the magistrate dismissed the question of the Sessional Order, saying, "We all know what that means." He desired to know whether hon. Members were allowed to exercise that privilege conferred by the Sessional Order, and to what distance the privilege extended from the Houses of Parliament. This was the first time he had ever been fined; he would have waited until the obstruction was removed rather than go on the wrong side of the road, if he had not believed that he was within his rights and could have free access to and from the House. He claimed that privilege as a Member of that House and as a law-abiding citizen."Ordered, that the Commissioners of the Police of the Metropolis do take care that, during the session of Parliament, the passages through the streets leading to this House be kept free and open, and that no obstruction be permitted to hinder the passage of Members to and from this House"
*
I think the House will agree with me that it would have been better, perhaps, if the hon. Member had kept on the right side of the road. I do not think the House will expect me to leave this to them as a question of privilege; it seems to be an ordinary police case. Wherever the line is to be drawn under this Standing Order, it does not extend to an indefinite distance from the Houses of Parliament—there must be some limits to it—and I think that, in the ordinary sense of the words, an hon. Member driving up Regent Street about an hour after the House had risen could scarcely expect to come within the operation of the Order.
said he had not, perhaps, made himself clear. Mr. Speaker said that he ought to have waited or gone on the right side of the road; but he could not because it was obstructed.
*
I only referred to what the hon. Member had said, that, finding he could not keep on the right side he went on the wrong side, relying on this Order. I said that I thought it would have been better if he had kept to the right side instead of relying upon the Order.
Licensing Bill 1St Allotted Day
Considered in Committee.
(In the Committee.)
[Mr. J. W. LOWTHER (Cumberland, Penrith) in the Chair.]
Clause 1:—
Amendment again proposed—
"In page 1, line 9, after the words last inserted, to insert the words 'except in county boroughs.' "—Sir James Woodhouse.
Question again proposed, "That those words be there inserted."
I have to ask leave to withdraw this Amendment in view of the promise of the Solicitor-General to consider this question.
Amendment, by leave, withdrawn.
moved an Amendment with the object of allowing the magistrates to take into consideration not one isolated reason for non-renewal of a licence, but a combination of reasons, as they had hitherto done. He said it was desirable to retain unimpaired the elasticity of discretion which the magistrates now possessed, and he wanted to insure that in future they should be able to take into consideration not one isolated reason for non-renewal but a combination of reasons. Obviously it weakened the power of the magistrates to insist on the maintenance of good order to split their discretion up into water-tight compartments.
Amendment proposed—
"In page 1, line 9, after the words last inserted, to insert the words' or any of the before-mentioned grounds in combination with any other ground.'"—(Sir Robert Reid.)
Question proposed, "That those words be there inserted."
said the Government could not accept the Amendment. It would be very unfair to the licence-holder to tell him that his licence was being taken away partly on grounds for which he ought to get compensation and partly on grounds for which he ought not to get compensation, and that, therefore, he would get no compensation. It was impossible under the scheme of the Bill that such an arrangement could be set up.
suggested that the Amendment might be modified so that no grounds outside those contained in the Bill should be brought in. That would go some way to meet the strong feeling on his side of the House. The point was this. There might not be strong enough evidence on any one single ground to justify the refusal of the renewal, yet the evidence on these grounds combined might suffice for taking away a licence without compensation. All they desired was to enable the magistrates to deal with the three grounds in combination.
said there was nothing to prevent the magistrates from taking one, two, or three grounds and putting them together, but these grounds ought, in fact, to exist; they ought not to be able to add together three incomplete grounds in order to make one complete ground.
said the result of the clause was to entirely alter the practice of the past. A house might have been bad structurally or the tenant might have misconducted it, but there had been hitherto a free discretion on the part of the magistrates in dealing with such cases and by the refusal of this Amendment the existing practice would be subverted.
said this was a very important point, and it was necessary the country should know what was being done. Justices at present very frequently refused the renewal of a licence on several grounds, and the combination of grounds was the ground of refusal. The Government's attitude was an illustration of the way in which the power of the justices was going to be materially limited, hampered, and checked. In his opinion the compensation should be limited to the cases where the renewal was refused solely because the house was not required.
hoped the Government would not give way on this point. If the licence-holder committed offences the magistrates would be able to exercise their powers as in the past; it was only to the point of compensation that the provision under discussion was directed. If the Amendment were accepted, they would, he feared, find that in nine cases out of ten trivial complaints would be combined in the manner suggested in order to depreciate the amount of compensation.
said he had in his mind a case that came before the Bench of which he was chairman, in which the representative of the sanitary authority objected to the renewal of a licence on the ground that the holder had persistently refused to provide a proper water supply. The justices, in the exercise of the power which they at present possessed, gave the licensee a certain time within which to remedy the defect. He was contumacious, and it was only when, as a last resource, the withdrawal of the licence was threatened that he agreed to equip his house with a proper water supply. He feared that under the clause as it stood the power to exercise such pressure would be taken away from the justices.
assured the hon. Gentleman that the case he had mentioned would not come within the Bill.
stated that during the past year only 210 licences, out of a total of 99,450, were suppressed for duplicate reasons; and in only fifty cases was the ground of non-requirement united with misbehaviour or structural deficiency. He mentioned that in order to show that in the past these considerations had not acted very powerfully in deciding the question of the renewal or refusal of a licence.
pointed out that there was nothing compelling quarter sessions to adopt this compensation scheme. There might be large districts where they would decline to adopt it. In that case, was it possible that the Government were contemplating arresting the action of the magistrates and impairing their discretion where compensation did not arise at all?
And without leaving anybody else in authority to exercise discretion.
Yes. Continuing, the hon. Member said that the Government by refusing to accept this Amendment would be crippling the present power of the justices. The Government raised, in defence of that, that these people were entitled to compensation, and therefore they could not shut them out without depriving them of compensation. His point was this: Let them take an area, the quarter sessions of which would not put this Act into operation at all. Was it not quite clear that this Bill would stand nevertheless, and that it would cripple the present power of the justices. He knew that that was the object of the brewers; but why should it be the object of the Government?
replied that he did not know whether that was a proper way to put the question, but he was quite willing to answer the substance without admitting any of the deductions which the hon. Member had made. The Question which the hon. Member asked came to this: the quarter sessions might refuse to adopt the compensation clause. If they had an area not willing to take away licences, what did it matter whether they put in two, three, or four reasons?
But you are taking power from the local justices who do think there ought to be a reduction.
said there, again, his hon. friend was entirely in error. Any licence-holder might appeal against a refusal to renew a licence.
I know.
continuing, said, if a county had a body of quarter sessions who were not prepared to adopt the clause or reduce licences it would be because they thought it was not necessary to reduce them. At all events, if they had a tribunal of that kind with important functions, not merely in relation to licences but to other matters, they must show some confidence in them.
held that the Committee was justified in calling attention at the earliest possible moment to the extraordinary position in which Courts of the quarter sessions would be placed. It seemed to be suggested that they would have to meet beforehand to decide whether or not they would put the Act in force. As chairman of quarter sessions he was one of those who would have to administer the Act, and he was bound to say that their position would be totally different from that adumbrated by the Solicitor-General. In his opinion they would deal with each case as it arose and would not beforehand pass any resolution stating whether or not the Act should be enforced. But what would be the position if there were no compensation fund established? Would the justices not be in the ridiculous position of having their hands tied? The speech of the Solicitor-General would almost encourage quarter sessions to pass a resolution saying they did not approve of the Bill.
The noble Lord has no right to say that.
said that the Bill, while setting up elaborate machinery for the establishment of a compensation fund, put in possession of the Court a power which, if it chose to exercise it, would absolutely nullify the measure. In any case, until the compensation fund grew, they would have the absurd state of things that in one county—a rich one—the Act would be in operation and in the next county—a poor one—it would be a dead letter.
*
said the point was that there was a possibility under Clause 3, that quarter sessions might not put into operation the levy for the purposes of compensation, and if they declined to do that they would have no fund available for compensation for the refusal to renew redundant licences. But that difficulty might be met by making it incumbent on quarter sessions to raise a compensation fund. When that was done it would still be open to quarter sessions to refuse to confirm the decision of the justices in regard to any particular licence. The position of the justices would not be altered. At present their decisions were subject to appeal. He agreed with the right hon. Gentleman as to the vice from a temperance point of view of this particular clause. But they had debated it over and over again. The Government, by restricting the grounds upon which magistrates might refuse to renew licences to three—each of which he gathered from the Solicitor-General must be sufficient in itself as a ground of refusal—were most effectually crippling the powers of the magistrates with regard to the exercise of their magisterial discretion. It was impossible to accede to these compensation proposals without modifying in some way the absolute discretion of the magistrates, but he thought the difficulty might be met in the way suggested by the hon. Member for Carnarvon— I by giving the magistrates power to make by-laws subject to an appeal to the Secretary of State. By that method the trade would be protected against the eccentricities of "cranky" Benches, to which the Prime Minister recently referred. The discussion, however, was being carried on under the shadow of the guillotine, that most perfect instrument of Parliamentary despotism, of which neither political Party could claim an absolute majority. That being so, it was necessary to make the most of the time that remained, and not go over the same ground two or three times. He therefore hoped the Amendment would be withdrawn.
was understood to urge that the
AYES.
| ||
| Ainsworth, John Stirling | Emmott, Alfred | Lewis, John Herbert |
| Allen, Charles P. | Esmonde, Sir Thomas | Lloyd-George, David |
| Ashton, Thomas Gair | Evans, Sir Francis H.(Maidstone | Lough, Thomas |
| Asquith, Rt. Hn. Herbert Henry | Evans, Samuel T. (Glamorgan) | Lundon, W. |
| Atherley-Jones, L. | Farquharson, Dr. Robert | Lyell, Charles Henry |
| Barlow, John Emmott | Fenwick, Charles | Macnamara, Dr. Thomas J. |
| Barran, Rowland Hirst | Ferguson, R. C. Munro (Leith) | MacNeill, John Gordon Swift |
| Bayley, Thomas (Derbyshire) | Fitzmaurice, Lord Edmond | MacVeagh, Jeremiah |
| Bell, Richard | Flynn, James Chritsopher | M'Arthur, William (Cornwall) |
| Benn, John Williams | Fowler, Rt. Hon. Sir Henry | M'Crae, George |
| Black, Alexander William | Fuller, J. M. F. | M'Kenna, Reginald |
| Blake, Edward | Furness, Sir Christopher | Mansfield, Horace Rendall |
| Boland, John | Gladstone, Rt. Hn. Herbert John | Mappin, Sir Frederick Thorpe |
| Brigg, John | Goddard, Daniel Ford | Markham, Arthur Basil |
| Broadhurst, Henry | Grant, Corrie | Mitchell, Edw. (Fermanagh, N. |
| Brown, George M. (Edinburgh) | Grey, Rt. Hon. Sir E. (Berwick) | Morgan, J. Lloyd (Carmarthen) |
| Brunner, Sir John Tomlinson | Guest, Hon. Ivor Churchill | Newnes, Sir George |
| Bryce, Rt. Hon. James | Gurdon, Sir W. Brampton | Norton, Capt. Cecil William |
| Buchanan, Thomas Ryburn | Harcourt, Lewis V. (Rossendale | Nussey, Thomas Willans |
| Burt, Thomas | Harcourt, Rt Hn Sir W (Monm'th | O'Connor, James (Wicklow, W.) |
| Buxton, Sydney Charles | Harwood, George | O'Donnell, T. (Kerry, W.) |
| Caldwell, James | Hayden, John Patrick | O'Kelly, James(Roscommon, N |
| Cameron, Robert | Hayter, Rt. Hon. Sir Arthur D. | Parrott, William |
| Campbell-Bannerman, Sir H. | Hemphill, Rt. Hon. Charles H. | Partington, Oswald |
| Channing, Francis Alston | Henderson, Arthur (Durham) | Paulton, James Mellor |
| Churchill, Winston Spencer | Higham, John Sharpe | Philipps, John Wynford |
| Condon, Thomas Joseph | Hobhouse, C. E. H. (Bristol, E. | Power, Patrick Joseph |
| Corbett, A. Cameron (Glasgow) | Hope, John Deans (Fife, West | Price, Robert John |
| Craig, Robert Hunter (Lanark) | Horniman, Frederick John | Rea, Russell |
| Cremer, William Randal | Hutchinson, Dr. Charles Fredk | Reckitt, Harold James |
| Crombie, John William | Hutton, Alfred E. (Morley) | Reddy, M. |
| Dalziel, James Henry | Jacoby, James Alfred | Reid, Sir R. Threshie (Dumfries |
| Davies, Alfred (Carmarthen) | Johnson, John (Gateshead) | Rickett, J. Compton |
| Davies, M. Vaughan (Cardigan | Joicey, Sir James | Rigg, Richard |
| Delany, William | Jordan, Jeremiah | Roberts, John Bryn (Eifion) |
| Devlin, CharlesRamsay (Galw'y | Joyce, Michael | Roberts, John H. (Denbighs.) |
| Dilke, Rt. Hon. Sir Charles | Kilbride, Denis | Robertson, Edmund (Dundee) |
| Dobbie, Joseph | Kitson, Sir James | Robson, William Snowdon |
| Donelan, Captain A. | Lambert, George | Roche, John |
| Doogan, P. C. | Langley, Batty | Rose, Charles Day |
| Douglas, Charles M. (Lanark) | Law, Hugh Alex. (Donegal, W.) | Runciman, Walter |
| Duncan, J. Hastings | Lawson, Sir Wilfrid (Cornwall) | Schwann, Charles E. |
| Dunn, Sir William | Layland-Barratt, Francis | Seely, Maj. J.E.B.(Isle of Wight |
| Edwards, Frank | Leese, Sir Joseph F.(Accrington | Shackleton, David James |
| Elibank, Master of | Leigh, Sir Joseph | Shaw, Charles Edw. (Stafford) |
| Ellice, Capt EC (S Andrw'sBghs | Leng, Sir John | Shaw, Thomas (Hawick, B.) |
| Ellis, John Edward (Notts.) | Levy, Maurice | Sheehy, David |
word "shall" should be inserted when Clause 3 came to be discussed. Quarter sessions would no doubt do their duty but he thought it advisable that the raising of the compensation fund should be made compulsory.
in order to save time, asked leave to withdraw the Amendment.
Leave refused,.
Question put.
The Committee divided:—Ayes, 176; Noes, 255. (Division List, No. 200.)
| Shipman, Dr. John G. | Thomas, David Alfred (Merthyr) | Whittaker, Thomas Palmer |
| Sinclair, John (Forfarshire) | Thomas, JA (Glamorgan, Gower | Williams, Osmond (Merioneth) |
| Slack, John Bamford | Tillet, Louis John | Wilson, Chas. Henry (Hull, W.) |
| Sloan, Thomas Henry | Tomkinson, James | Wilson, Fred. W.(Norfolk, Mid. |
| Soames, Arthur Wellesley | Trevelyan, Charles Philips | Wilson, Henry J. (York, W. R.) |
| Stanhope, Hon. Philip James | Ure, Alexander | Wilson, John (Falkirk) |
| Stevenson, Francis S. | Wallace, Robert | Wood, James |
| Strachey, Sir Edward | Walton, Joseph (Barnsley) | Woodhouse, Sir J.T (Hudd'r sfi'd |
| Sullivan, Donal | Wason, Eugene (Clackmannan) | Yoxall, James Henry |
| Taylor, Theodore C. (Radcliffe) | Wason, John Cathcart (Orkney | |
| Tennant, Harold John | White, George (Norfolk) | TELLERS FOR THE AYES—Mr. |
| Thomas, Abel (Carmarthen, E.) | White, Luke (York, E.R.) | Ellis Griffith and Mr. T. W. |
| Thomas, Sir A. (Glamorgan, E. | Whitley, J. H. (Halifax) | Russell. |
NOES.
| ||
| Agnew, Sir Andrew Noel | Denny, Colonel | Hope, J.F. (Sheffield Brightside |
| Anson, Sir William Reynell | Dickinson, Robert Edmond | Horner, Frederick William |
| Arkwright, John Stanhope | Dickson, Charles Scott | Hoult, Joseph |
| Arrol, Sir William | Dickson-Poynder, Sir John P. | Houston, Robert Paterson |
| Atkinson, Rt. Hon. John | Digby, John K. D. Wingfield- | Howard, J. (Midd., Tottenham) |
| Aubrey-Fletcher. Rt. Hon. Sir H | Disraeli, Coningsby Ralph | Hozier, Hon. James Henry Cecil |
| Austin, Sir John | Dixon Hartland, Sir Fred Dixon | Hudson, George Bickersteth |
| Bagot, Capt. Josceline FitzRoy | Dorington, Rt. Hon. Sir John E. | Jebb, Sir Richard Claverhouse |
| Bailey, James (Walworth) | Doughty, George | Jeffreys, Rt. Hon. Arthur Fred. |
| Bain, Colonel James Robert | Douglas, Rt. Hon. A. Akers | Kennaway, Rt. Hn. Sir John H. |
| Baird, John George Alexander | Doxford, Sir William Theodore | Kenyon, Hon. Geo. T.(Denbigh |
| Balcarres, Lord | Durning-Lawrence, Sir Edwin | Kenyon-Slaney, Col. W. (Salop |
| Baldwin, Alfred | Dyke, Rt Hon. Sir William Hart | Kerr, John |
| Balfour, Rt. Hon. A.J. (Manch'r | Egerton, Hon. A. de Tatton | Kimber, Henry |
| Balfour, Rt Hn Gerald W.(Leeds | Elliot, Hon. A. Ralph Doulgas | Law, Andrew Bonar (Glasgow) |
| Banbury, Sir Frederick George | Faber, Edmund B. (Hants, W.) | Lawson, JohnGrant (Yorks NR. |
| Barry, Sir Francis T. (Windsor) | Fergusson, Rt Hn Sir J. (Manc'r | Lee, Arthur H.(Hants. Fareham. |
| Bartley, Sir George C. T. | Finch, Rt. Hon. George H. | Legge, Col. Hon. Heneage |
| Bathurst, Hon. Allen Benjamin | Finlay, Sir Robert Bannatyne | Llewellyn, Evan Henry |
| Bhownaggree, Sir M. M. | Fisher, William Hayes | Loder, Gerald Walter Erskine |
| Bignold, Arthur | Fison, Frederick William | Long, Col. Charles W. (Evesham |
| Bill, Charles | FitzGerald, Sir Robert Penrose | Long, Rt. Hn. Walter (Bristol, S. |
| Blundell, Colonel Henry | Fitzroy, Hn. Edward Algernon | Lowe, Francis William |
| Bond, Edward | Flannery, Sir Fortescue | Lowther, C. (Cumb., Eskdale) |
| Boscawen, Arthur Griffith | Flower, Sir Ernest | Loyd, Archie Kirkman |
| Bowles, Lt.-Col. H.F (Middlesex | Forster, Henry William | Lucas, Col. Francis (Lowestoft) |
| Bowles, T. Gibson (King's Lynn | Foster,Philip S.(Warwick, S.W. | Lucas, Reginald J. (Portsmouth. |
| Brodrick, Rt. Hon. St. John | Galloway, William Johnson | Lyttelton, Rt. Hon. Alfred |
| Brotherton, Edward Allen | Gardner, Ernest | Macdona, John Cumming |
| Burdett-Coutts, W. | Garfit, William | MacIver, David (Liverpool) |
| Campbell, Rt. Hn. J.A.(Glasgow | Gibbs, Hon. A. G. H. | Maconochie, A. W. |
| Carson, Rt. Hon. Sir Edw. H. | Gordon. Hn. J.E. (Elgin & Nairn | M'Fadden, Edward |
| Cavendish, V.C.W.(Derbyshire | Gordon, Maj Evans (T'r H'mlets | M'Iver, SirLewis (Edinburgh, W. |
| Cayzer, Sir Charles William | Gore, Hon S. F.Ormsby-(Linc) | M'Killop, James (Stirlingshire) |
| Chamberlain, Rt Hn J.A. (Worc. | Gorst, Rt. Hon. Sir John Eldon | M'Killop, W. (Sligo, North) |
| Chaplin, Rt. Hon. Henry | Goulding, Edward Alfred | Majendie, James A. H. |
| Chapman, Edward | Graham, Henry Robert | Manners, Lord Cecil |
| Clive, Captain Percy A. | Greene, Henry D.(Shrews bury) | Martin, Richard Biddulph |
| Coates, Edward Feetham | Greene, W. Raymond (Cambs | Massey-Main waring, Hn. W. F. |
| Cochrane, Hon. Thos. H. A. E. | Grenfell, William Henry | Maxwell. Rt Hn Sir H.E (Wigt'n |
| Coghill, Douglas Harry | Gretton, John | Maxwell, W J H (Dumfriesshire |
| Cohen, Benjamin Louis | Greville, Hon. Ronald | Melville, Beresford Valentine |
| Colomb, Rt. Hon. Sir John C.R. | Groves, James Grimble | Meysey-Thompson, Sir H. M. |
| Colston, Chas. Edw. H. Athole | Gunter, Sir Robert | Mildmay, Francis Bingham |
| Cox, Irwin Edward Bainbridge | Halsey, Rt. Hon. Thomas F. | Mil vain, Thomas |
| Craig, Charles Curtis(Antrim,S. | Hamilton, Marq. of (L'donderry | Montagu, G. (Huntingdon) |
| Crean, Eugene | Hardy, Laurence (Kent, Ashford | Moon, Edward Robert Pacy |
| Cripps, Charles Alfred | Hare. Thomas Leigh | Moore, William |
| Cross, Alexander (Glasgow) | Harris, F. Leverton(Tynem'th) | Morgan, David J (Walthamstow |
| Cross, Herb. Shepherd (Bolton) | Harris, Dr. Fredk. R. (Dulwich) | Morpeth, Viscount |
| Crossley, Rt. Hon. Sir Savile | Heath, James (Staffords. N.W.) | Morrell, George Herbert |
| Cubitt, Hon. Henry | Heaton, John Henniker | Morrison, James Archibald |
| Dalkeith, Earl of | Helder, Augustus | Morton, Arthur H. Aylmer |
| Dalrymple, Sir Charles | Hoare, Sir Samuel | Mount, William Arthur |
| Davenport, W. Bromley | Hobhouse, Rt Hn H.(Somers't, E | Murray, Charles J. (Coventry) |
| Davies, Sir Horatio D. (Chatham | Hogg, Lindsay | Murray, Col. Wyndham (Bath) |
| Myers, William Henry | Robinson, Brooke | Tuff, Charles |
| Newdegate, Francis A. N. | Rolleston, Sir John F. L. | Tufnell, Lieut.-Col. Edward |
| Nolan, Col. John P.(Galway, N.) | Rollit, Sir Albert Kaye | Valentia, Viscount |
| Nolan, Joseph (Louth, South) | Ropner, Colonel Sir Robert | Vincent, Col. Sir CEH(Sheffield |
| O' Brien, Kendal (Tipperary, Mid | Round, Rt. Hon. James | Vincent, Sir Edgar (Exeter) |
| O'Brien, Patrick (Kilkenny) | Rutherford, John (Lancashire) | Walker, Col. William Hall |
| O'Brien, P. J. (Tipperary, N.) | Rutherford, W. W. (Liverpool) | Warde, Colonel C. E. |
| O'Dowd, John | Sackville, Col. S. G. Stopford | Webb, Colonel William George |
| Palmer, Walter (Salisbury) | Sadler, Col. Samuel Alexander | Welby, Lt.-Col. A.C.E.(Taunton |
| Peel, Hn. Wm. Robert Wellesley | Samuel, Sir Harry S (Limehouse | Welby, Sir Charles G.E.(Notts. |
| Pemberton, John S. G. | Sassoon, Sir Edward Albert | Wharton, Rt. Hon. John Lloyd |
| Percy, Earl | Scott, Sir S. (Mary le bone, W.) | Whiteley, H. (Ashton und Lyne |
| Pierpoint, Robert | Seely, Charles Hilton (Lincoln) | Whitmore, Charles Algernon |
| Pilkington, Colonel Richard | Sharpe, William Edward T. | Willoughby de Eresby, Lord |
| Piatt-Higgins, Frederick | Shaw-Stewart, Sir H.(Renfrew) | Wilson, A. Stanley (York, E.R.) |
| Plummer, Walter R. | Sheehan, Daniel Daniel | Wilson-Todd, Sir W.H. (Yorks.) |
| Powell, Sir Francis Sharp | Simeon, Sir Barrington | Wolff, Gustav Wilhelm |
| Pretyman, Ernest George | Smith, HC (North'mb. Tyneside | Worsley-Taylor, Henry Wilson |
| Pryce-Jones, Lt.-Col. Edward | Stanley, Edward Jas. (Somerset | Wortley, Rt. Hon. C. B. Stuart |
| Purvis, Robert | Stanley, Rt. Hon. Lord (Lancs.) | Wrightson, Sir Thomas |
| Pym, C. Guy | Stewart, Sir Mark J M'Taggart | Wyndham, Rt. Hon. George |
| Rankin, Sir James | Stock, James Henry | Wyndham-Quin, Col. W. H. |
| Ratcliff, R. F. | Stone, Sir Benjamin | Yerburgh, Robert Armstrong |
| Reid, James (Greenock) | Stroyan, John | Young, Samuel |
| Renshaw, Sir Charles Bine | Talbot, Lord E. (Chichester) | Younger, William |
| Renwick, George | Talbot, Rt. Hn. J. G. (Oxf'd Univ. | |
| Richards, Henry Charles | Taylor, Austin (East Toxteth) | TELLERS FOR THE NOES—Sir |
| Ridley, S. Forde (Bethnal Green | Thorburn, Sir Walter | Alexander Acland-Hood and |
| Ritchie, Rt. Hn. Chas. Thomson | Tollemache, Henry James | Mr. Ailwyn Fellowes. |
| Roberts, Samuel (Sheffield) | Tomlinson, Sir Wm. Edw. M. | |
| Robertson, Herbert (Hackney) | Tritton, Charles Ernest |
moved to leave out of lines 9, and 10, after the word "licence," the words "shall be vested in quarter sessions instead of the justices of the licensing district." The effect of this Amendment would be to leave the control of the licences in the hands of the justices as at present. In every case the justices had local knowledge of the district over which they exercised jurisdiction, and their work on the whole had been satisfactory. There had been no recommendation in either of the Reports of the Royal Commission in favour of transferring the work of the justices to quarter sessions. What was proposed in the Bill was to remove the control from an administrative body and hand it over to the quarter sessions, who, according to the wording of the Act, were to act as a legal tribunal. If this proposal were adopted the real control over licences would be very much diminished, and all the elements of discretion would disappear. It was not necessary for him to quote the cases upon the authority of which it was established that quarter sessions now acted as a Court of Appeal. The justices were not a Court at all, and it was a very grave question of principle whether the control of licensing should be handed over from an administrative body to a Court of Law. There was an Amendment further down on the Paper which provided that quarter sessions should act as an administrative body, but it did not appear to be absolutely necessary that the Court of quarter sessions should be substituted for the licensing justices at all. He was aware that, inasmuch as the area of subscription to the compensation fund was considered to be at least of a size commensurate with the quarter sessions jurisdiction, it was thought, therefore, that the Court of quarter sessions should be the controlling authority and not the licensing justices, whose area of subscription would be very much smaller. That difficulty could very easily be met. The Court of quarter sessions might easily allot the amount of money to be used as compensation within the area of the particular justices' brewster sessions, and it was not necessary to transfer the whole of the licensing powers from the justices to quarter sessions. If quarter sessions had power of limiting the amount of compensation in any particular area it would be perfectly possible to leave the actual control of each licence to the licensing justices. He admitted that quarter sessions must be introduced if they were to have the area of quarter sessions as the area of subscription for the compensation fund. No doubt in certain cases the area over which the licensing justices had jurisdiction would be too small to provide adequate funds, but it was quite possible for the quarter sessions to determine what the proper amount was for each area of the licensing justices and allot that sum, and then the licensing justices should have jurisdiction in determining whether a licence should be discontinued or not. The proposal of the Government was to hand over the control of the licences from men who were thoroughly acquainted with the district to a body of gentlemen sitting at quarter sessions who were not, who could not know what were the particular requirements in the remote parts of the county, would be acting without the necessary local knowledge, and would be certain to discharge their duties less efficiently than would be done by the local justices. If the Government could not accept this Amendment in its present form, they might at least introduce words in order to leave unchecked the present jurisdiction of the licensing justices in their own area. If that were done, the Government would remove one of the most serious objections to the Bill, namely, that the justices who had hitherto done their work extremely well should not have withdrawn from them work which they had every reason to believe they would be able to continue to do thoroughly well. He begged to move.
Amendment proposed—
"In page 1, line 9, to leave out from the words last inserted to the word 'shall' in line 10."—(Mr. McKenna.)
Question proposed, "That the word' shall' stand part of the clause."
*
said the hon. Member desired to leave the decision in regard to the taking away of licences in the hands of the local justices. He had already anticipated the objection of the Government, which was that the authority which dealt with the compensation fund should be the authority to deal with the licences to be refused. The hon. Member urged that a certain amount of money should be allotted to each brewster sessions' area to compensate licence-holders in cases where licences were refused on the ground of public policy. He submitted that that course would not be at all reasonable or desirable. It would not work in practice. There would be some brewster sessions' areas where no, or a very small number of, reductions would be made; there would be others where the number would be considerable. The result would be very unequal distribution of the benefits of the Bill. Therefore, he thought it would be far better that the trust should be vested in quarter sessions, and that they should be the authority. He believed there would be a much more even distribution in that way of the reduction of licences all over the county.
said that, apart from the objections which had been so forcibly urged by his hon. friend, quarter sessions were a most unfortunate body to commit this jurisdiction to, because, since 1888, quarter sessions had not been an administrative body at all. Although technically, as had been pointed out, this was a judicial duty, still the matter was an administrative one. He asked the Home Secretary what staff quarter sessions had at the present moment in order to carry out these duties. Since 1888 their staff had consisted of the clerk of the peace and perhaps an officer to maintain order in Court when quarter sessions were sitting. Therefore, one objection, in addition to those already stated by the mover of the Amendment, he had to the proposal in the Bill was that quarter sessions would be compelled to take up administrative duties and appoint an administrative staff. That was a new venture and one which he ventured to think was most objectionable.
said the machinery of quarter sessions had entirely gone out of use for collecting and distributing money in the way proposed in the Bill. The West Riding Sessions, with which he was most intimately associated, had passed a resolution to the effect that they did not see that they could possibly make use of the machinery now provided for this purpose and suggested that the county council was the proper body to be called upon to collect the money, while they themselves would deal, under the Bill, with the money so gathered. In order to perform the duties now to be placed upon them, it would be necessary to appoint a number of officials. He had an Amendment on the Paper that these duties should be carried out by the joint committee. He was sure that the quarter sessions could not deal with the work proposed to be committed to them with the staff they now had.
asked, on a point of order, if it would be open to the Committee on subsequent Amendments to discuss whether quarter sessions, or some other body, were to be the authority.
The point raised by this Amendment is that the authority is to remain as it is now. If the House does not think so, it is still open to the House to suggest any other authority —the standing joint committee, a committee of quarter sessions, or quarter sessions themselves. This will not affect the further Amendments.
AYES.
| ||
| Agg-Gardner, James Tynte | Burdett-Coutts, W. | Dickson, Charles Scott, |
| Agnew, Sir Andrew Noel | Butcher, John George | Dickson-Poynder, Sir John P. |
| Aird, Sir John | Campbell, Rt. Hn. J.A (Glasgow | Digby, John K. D. Wingfield |
| Anson, Sir William Reynell | Carson, Rt. Hon. Sir Edw. H. | Disraeli, Coningsby Ralph |
| Arkwright, John Stanhope | Cavendish, V. C. W.(Derbyshire | Dixon-Hartland, Sir Fred Dixon |
| Arrol, Sir William | Cayzer, Sir Charles William | Doogan, P. C. |
| Atkinson, Rt. Hon. John | Cecil, Lord Hugh (Greenwich) | Doughty, George |
| Aubrey-Fletcher, Rt. Hn. Sir H. | Chamberlain, Rt Hn. JA (Worc. | Douglas, Rt. Hon. A. Akers |
| Austin, Sir John | Chamberlayne, T. (S'thampton | Doxford, Sir William Theodore |
| Bagot, Capt. Josceline FitzRoy | Chaplin, Rt. Hon. Henry | Durning-Lawrence, Sir Edwin |
| Bailey, James (Walworth) | Chapman, Edward | Dyke, Rt. Hon. Sir William Hart |
| Bain, Colonel James Robert | Charrington, Spencer | Egerton, Hon. A. de Tatton |
| Baird, John George Alexander | Clive, Captain Percy A. | Faber, Edmund B. (Hants, W) |
| Balcarres, Lord | Coates, Edward Feetham | Fergusson, Rt. Hn. Sir J (Manc'r |
| Baldwin, Alfred | Cochrane, Hon. Thos. H. A. E. | Fielden, Edward Brocklehurst |
| Balfour, Rt. Hon. A. J.(Manch'r | Coghill, Douglas Harry | Finch, Rt. Hon. George H. |
| Balfour, Rt Hn Gerald W(Leeds | Cohen, Benjamin Louis | Finlay, Sir Robert Bannatyne |
| Banbury, Sir Frederick George | Colomb, Rt. Hon. Sir John C. R. | Fisher, William Hayes |
| Barry, Sir Francis T. (Windsor) | Colston, Chas. Edw. H. Athole | Fison, Frederick William |
| Bartley, Sir George C. T. | Cox, Irwin Edward Bain bridge | FitzGerald, Sir Robert Penrose |
| Bathurst, Hon. Allen Benjamin | Craig, Charles Curtis(Antrim, S. | Fitzroy, Hon. Edward Algernon |
| Bhownaggree, Sir M. M. | Crean, Eugene | Flannery, Sir Fortescue |
| Bignold, Arthur | Cripps, Charles Alfred | Flower, Sir Ernest |
| Bill, Charles | Cross, Herb. Shepherd (Bolton) | Forster, Henry William |
| Blundell, Colonel Henry | Crossley, Rt. Hon. Sir Savile | Foster. Philip S.(Warwick, S.W. |
| Bond, Edward | Cubitt, Hon. Henry | Galloway, William Johnson |
| Boscawen, Arthur Griffith | Dalkeith, Earl of | Gardner, Ernest |
| Bowles, Lt.-Col. HF (Middlesex | Dalrymple, Sir Charles | Garfit, William |
| Bowles, T. Gibbon (King's Lynn | Davenport, William Bromley | Gibbs, Hon. A. G. H. |
| Brodrick, Rt. Hon. St. John | Davies, Sir Horatio D(Chatham | Gordon, Hn. J.E.(Elgin & Nairn |
| Brotherton, Edward Allen | Dickinson, Robert Edmond | Gordon, Maj Evans(T'r H'mlets |
said the present body was peculiarly unsuitable to be the authority on account of the area in which they acted being so small. That had been the great difficulty in carrying out any effective scheme of licensing reform. They could not carry out any effective scheme in a small area. In the county with which he was associated they did try to-carry out a scheme of temperance reform, and they could have done it over the county at large, but they found they could not do it by dealing only with district areas. In order to carry out this Bill effectively, it was necessary to have a county scheme so that the whole county might be properly dealt with. He thought the Bill did not give sufficient power to> the county authority. They ought to give the county authority, as against the smaller authority, power to do something definite in order to carry out a scheme which would do the best for temperance reform. It was important to have suitable administrative areas in which the magistrates might effectively carry out temperance reform.
Question put.
The Committee divided:—Ayes, 250; Noes, 182. (Division List No. 201.)
| Gorst, Rt. Hon. Sir John Eldon | M'Fadden, Edward | Rollit, Sir Albert Kaye |
| Goulding, Edward Alfred | M'Iver, Sir Lewis (EdinburghW | Ropner, Colonel Sir Robert |
| Graham, Henry Robert | M'Killop, James (Stirlingshire) | Rutherford, John (Lancashire) |
| Greene, Henry D.(Shrewsbury) | M'Killop, W. (Sligo, North) | Rutherford, W. W. (Liverpool) |
| Greene, W. Raymond (Cambs.) | Majendie, James A. H. | Sackville, Col. S. G. Stopford |
| Grenfell, William Henry | Manners, Lord Cecil | Sadler, Col. Samuel Alexander |
| Gretton, John | Martin, Richard Biddulph | Samuel, Sir Harry S.(Limehouse |
| Greville, Hon. Ronald | Massey-Mainwaring, Hn W. F. | Sassoon, Sir Edward Albert |
| Groves, James Grimble | Maxwell, Rt Hn Sir H.E. (Wigt'n | Seely, Charles Hilton (Lincoln) |
| Gunter, Sir Robert | Maxwell, W.J.H (Dumfriesshire | Sharpe, William Edward T. |
| Halsey, Rt. Hon. Thomas F. | Melville, Beresford Valentine | Shaw-Stewart, Sir H (Renfrew) |
| Hamilton, Marq of(L'nd'nderry | Meysey-Thompson, Sir H. M. | Sheehan, Daniel Daniel |
| Hardy, Laurence (Kent Ashford | Mildmay, Francis Bingham | Simeon, Sir Barrington |
| Hare, Thomas Leigh | Milvain, Thomas | Smith, H.C(North'mb, Tyneside |
| Harris, F. Leverton(Tynem'th) | Montagu, G. (Huntingdon) | Spear, John Ward |
| Harris, Dr. Fredk. R. (Dulwich) | Montagu, Hon. J. Scott (Hants.) | Stanley, Edward J. (Somerset) |
| Hay, Hon. Claude George | Moon, Edward Robert Pacy | Stanley, Rt. Hon. Lord (Lancs. |
| Heath, James (Staffords. N.W. | Moore, William | Stewart, Sir Mark J. M'Taggart |
| Heaton, John Henniker | Moran, David J (Walthamstow | Stirling-Maxwell, Sir John M. |
| Helder, Augustus | Morpeth, Viscount | Stock, James Henry |
| Hickman, Sir Alfred | Morrell, George Herbert | Stone, Sir Benjamin |
| Hoare, Sir Samuel | Morrison, James Archibald | Stroyan, John |
| Hobhouse, Rt Hn H(Somers't, E | Morton, Arthur H. Aylmer | Talbot, Rt. Hn. J G (Oxf'd Univ. |
| Hogg, Lindsay | Mount, William Arthur | Taylor, Austin (East Toxteth) |
| Hope, J.F.(Sheffield, Brightside | Murray, Col. Wyndham (Bath) | Thorburn, Sir Walter |
| Horner, Frederick William | Myers, William Henry | Tollemache, Henry James |
| Houldsworth, Sir Wm. Henry | Newdegate, Francis A. N. | Tomlinson, Sir Wm. Edw. M. |
| Hoult, Joseph | Nolan, Col. J. P. (Galway, N.) | Tritton, Charles Ernest |
| Houston, Robert Paterson | Nolan, Joseph (Louth, South) | Tuff, Charles |
| Howard, J. (Midd., Tottenham | O'Brien, Patrick (Kilkenny) | Tufnell, Lieut.-Col. Edward |
| Hozier, Hon. James Henry Cecil | O'Brien, P. J. (Tipperary, N.) | Valentia, Viscount |
| Hudson, George Bickersteth | Palmer, Walter (Salisbury) | Vincent, Col. Sir C.E.H (Sheffield |
| Jebb, Sir Richard Claverhouse | Peel, Hn. Wm. Robert Wellesley | Vincent, Sir Edgar (Exeter) |
| Jeffreys, Rt. Hon. Arthur Fred | Pemberton, John S. G. | Walker, Col. William Hall |
| Kennaway, Rt. Hon. Sir John H. | Percy, Earl | Warde, Colonel C. E. |
| Kenyon, Hon. Geo. T.(Denbigh | Pierpoint, Robert | Webb, Colonel William George |
| Kenyon-Slaney, Col. W. (Salop | Pilkington, Colonel Richard | Welby, Lt.-Col. ACE (Taunton) |
| Kerr, John | Platt-Higgins, Frederick | Welby, Sir Charles G E.(Notts.) |
| Kimber, Henry | Plummer, Walter R. | Wharton, Rt. Hon. John Lloyd |
| Law, Andrew Bonar (Glasgow) | Powell, Sir Francis Sharp | Whiteley, H.(Ashton-und. Lyne |
| Lawson, John Grant (Yorks. N. R. | Pretyman, Ernest George | Whitmore, Charles Algernon |
| Lee, Arthur H.(Hants.Fareham | Pryce-Jones, Lt.-Col. Edward | Williams, Colonel R. (Dorset) |
| Legge, Col. Hon. Heneage | Purvis, Robert | Willoughby de Eresby, Lord |
| Llewellyn, Evan Henry | Pym, C. Guy | Wilson, A. Stanley (York, E.R.) |
| Loder, Gerald Walter Erskine | Rankin, Sir James | Wilson-Todd, Sir W.H. (Yorks.) |
| Long, Col Charles W. (Evesham | Ratcliff, R. F. | Wolff, Gustav Wilhelm |
| Long, Rt. Hn. Walter (Bristol, S | Reid, James (Greenock) | Worsley-Taylor, Henry Wilson |
| Lonsdale, John Brownlee | Remnant, James Farquharson | Wrightson, Sir Thomas |
| Lowe, Francis William | Renshaw, Sir Charles Bine | Wyndham, Rt. Hon. George |
| Lowther, C. (Cumb. Eskdale) | Renwick, George | Wyndham-Quin, Col. W. H. |
| Loyd, Archie Kirkman | Richards, Henry Charles | Yerburgh, Robert Armstrong |
| Lucas, Col. Francis (Lowestoft) | Ridley, S. Forde (Bethnal Green | Young, Samuel |
| Lucas, Reginald J.(Portsmouth | Ritchie, Rt. Hn. Chas. Thomson | Younger, William |
| Lyttelton, Rt. Hon. Alfred | Roberts, Samuel (Sheffield) | |
| Macdona, John Cumming | Robertson, Herbert (Hackney) | TELLERS FOR THE AYES—Sir |
| MacIver, David (Liverpool) | Robinson, Brooke | Alexander Acland-Hood |
| Maconochie, A. W. | Rolleston, Sir John F. L. | and Mr. Ailwyn Fellowes. |
NOES.
| ||
| Abraham, William (Cork, N.E.) | Black, Alexander William | Cameron, Robert |
| Ainsworth, John Stirling | Blake, Edward | Campbell-Bannerman, Sir H. |
| Allen, Charles P. | Boland, John | Channing, Francis Allston |
| Ashton, Thomas Gair | Brigg, John | Churchill, Winston Spencer |
| Asquith, Rt. Hn. Herbert Henry | Broadhurst, Henry | Condon, Thomas Joseph |
| Atherley-Jones, L. | Brown, George M. (Edinburgh) | Corbett, A. Cameron (Glasgow) |
| Barlow, John Emmott | Brunner, Sir John Tomlinson | Corbett, T. L. (Down, North) |
| Barran, Rowland Hirst | Bryce, Rt. Hon. James | Craig, Robert Hunter (Lanark) |
| Bayley, Thomas (Derbyshire) | Buchanan, Thomas Ryburn | Cremer, William Randal |
| Beaumont, Wentworth C. B. | Burt, Thomas | Crombie, John William |
| Bell, Richard | Buxton, Sydney Charles | Cross, Alexander (Glasgow) |
| Benn, John Williams | Caldwell, James | Davies, Alfred (Carmarthen) |
| Davies, M. Vaughan (Cardigan | Kilbride, Denis | Roche, John |
| Delany, William | Langley, Batty | Rose, Charles Day |
| Devlin, Charles Ramsay(Galway | Lawson, Sir Wilfrid (Cornwall) | Runciman, Walter |
| Dilke, Rt. Hon, Sir Charles | Layland-Barratt, Francis | Russell, T. W. |
| Dobbie, Joseph | Leese, Sir Joseph F.( Accrington | Samuel, S. M. (Whitechapel |
| Donelan, Captain A. | Leigh, Sir Joseph | Schwann, Charles E. |
| Douglas, Charles M. (Lanark | Leng, Sir John | Seely, Maj. JEB (Isle of Wight |
| Duncan, J. Hastings | Levy, Maurice | Shackleton, David James |
| Dunn, Sir William | Lewis, John Herbert | Shaw, Charles Edw. (Stafford) |
| Edwards, Frank | Lloyd-George, David | Shaw, Thomas (Hawick B.) |
| Elibank, Master of | Lough, Thomas | Shipman, Dr. John G. |
| Ellice, Capt. EC (S. Andra's Bghs | Lundon, W. | Sinclair, John (Forfarshire) |
| Elliot, Hon. A. Ralph Douglas | Lyell, Charles Henry | Slack, John Bamford |
| Ellis, John Edward (Notts) | Macnamara, Dr. Thomas J. | Sloan, Thomas Henry |
| Emmott, Alfred | MacNeill, John Gordon Swift | Smith, Samuel (Flint) |
| Esmonde, Sir Thomas | MacVeagh, Jeremiah | Soames, Arthur Wellesley |
| Evans, Sir Francis H (Maidstone | M'Arthur, William (Cornwall) | Stanhope, Hon. Philip James |
| Evans, Samuel T. (Glamorgan) | M'Crae, George | Stevenson, Francis S. |
| Farquharson, Dr. Robert | Mansfield, Horace Rendall | Strachey, Sir Edward |
| Fenwick, Charles | Mappin, Sir Frederick Thorpe | Sullivan, Donal |
| Ferguson, R. C. Munro (Leith) | Markham, Arthur Basil | Taylor, Theodore C. (Radcliffe) |
| Fitzmaurice, Lord Edmond | Mitchell, Edw.(Fermanagh, N.) | Tennant, Harold John |
| Fuller, J. M. F. | Morgan, J. Lloyd (Carmarthen | Thomas, Abel (Carmarthen, E.) |
| Furness, Sir Christopher | Moulton, John Fletcher | Thomas, Sir A. (Glamorgan, E.) |
| Gladstone, Rt. Hn. Herbert J. | Murphy, John | Thomas, David Alfred (Merthyr |
| Goddard, Daniel Ford | Newnes, Sir George | Thomas, J. A (Glamorgan, Gower |
| Grant, Corrie | Norton, Capt. Cecil William | Tomkinson, James |
| Grey, Rt. Hon. Sir E. (Berwick) | Nussey, Thomas Willans | Trevelyan, Charles Philips |
| Griffith, Ellis J. | O'Brien, Kendal (Tipperary Mid | Ure, Alexander |
| Guest, Hon. Ivor Churchill | O'Connor, James (Wicklow, W. | Wallace, Robert |
| Gurdon, Sir W. Brampton | O'Donnell, T. (Kerry, W.) | Walton, John Lawson (Leeds S.) |
| Hain, Edward | O'Kelly, James (Roscommon, N. | Walton, Joseph (Barnsley) |
| Harcourt, Lewis V.(Rossendale | O'Malley, William | Wason, Eugene (Clackmannan) |
| Harcourt, Rt Hn Sir W (Monm'th | O'Shaughnessy, P. J. | Wason, John Cathcart (Orkney) |
| Harwood, George | Parrott, William | White, George (Norfolk) |
| Hayden, John Patrick | Partington, Oswald | White, Luke (York, E. R.) |
| Hayter, Rt. Hn. Sir Arthur D. | Paulton, James Mellor | Whitley, J. H. (Halifax) |
| Hemphill, Rt. Hon. Charles H. | Philipps, John Wynford | Whittaker, Thomas Palmer |
| Henderson, Arthur (Durham) | Power, Patrick Joseph | Williams, Osmond (Merioneth) |
| Higham, John Sharpe | Price, Robert John | Wilson, Chas. Henry (Hull, W.) |
| Hobhouse, C. E. H. (Bristol, E.) | Rea, Russell | Wilson, Fred. W. (Norfolk, Mid.) |
| Hope, John Deans (Fife, West | Reckitt, Harold James | Wilson, Henry J. (York. W.R.) |
| Horniman, Frederick John | Reddy, M. | Wilson, John (Falkirk) |
| Hutchinson, Dr. Charles Fredk | Reid. Sir R. Threshie (Dumfries | Wood, James |
| Hutton, Alfred E. (Morley) | Rickett, J. Compton | Woodhouse, Sir J.T. (Huddersf'd |
| Jacoby, James Alfred | Rigg, Richard | Yoxall, James Henry |
| Johnson, John (Gateshead) | Roberts, John Bryn (Eifion) | |
| Joicey, Sir James | Roberts, John H. (Denbighs.) | TELLERS FOR THE NOES—Mr. |
| Jordan, Jeremiah | Robertson, Edmund (Dundee) | M'Kenna and Mr. Lambert. |
| Joyce, Michael | Robson, William Snowdon |
said he wished to move an Amendment which concerned the county areas, and which he hoped would be taken into consideration by the Solicitor-General and the Home Secretary. He was not going to traverse the ground already gone over as to the disqualifications of the quarter sessions, but he submitted that the alternative he suggested was better than the one contained in the Bill as it now stood. As the Committee were aware, the joint police committee was elected—half by the quarter sessions, and half by the county council. It was a pretty well-known fact that in England and Wales the very best magistrates were selected to sit on the joint police committee; and he believed that most of the county council members of that committee were themselves magistrates. The joint police committee had the control of the police, and he submitted that it would be a most convenient thing that that committee should have control of the licences throughout the county areas. He had reason to believe that his Amendment commended itself to the whole body of moderate men on both sides of the House. The Amendment, he thought, would do something to remove the objection to this part of the Bill which transferred the licensing authority from the local justices to the quarter session.s The quarter sessions were often a very large body which had necessarily no local knowledge of many parts of the county, and it was admitted that the justices were chosen very much at haphazard by the Lord Chancellor. He was told that members of quarter sessions had been whipped up often on both sides when the granting or refusal of a particular licence was coming up for decision. All these difficulties would be removed by his Amendment. He begged to move.
Amendment proposed—
"In page 1, line 9, after the word 'shall' to insert the words 'in county areas.'"—(Mr. Ellis Griffith.)
Question proposed, "That those words be there inserted."
said that there were many reasons for retaining the jurisdiction proposed in the Bill. They had framed the Bill so as to interfere as little as possible with the existing procedure. Every alteration was solely due to the necessity of having a larger compensation area. In cases where, for non-requirement or for other reasons, the brewster sessions came to the conclusion that a licence ought to be taken away, they were, under the Bill, to make an order referring the question to the quarter sessions with their report; whereas, under the old system the licence-holder had a direct appeal to quarter sessions. That was the only difference. The reason why the matter had not been allowed to remain exactly as it was, was that the area of compensation furnished by the ordinary licensing district of brewster sessions would be too small. That being so, was it not better to keep the quarter sessions and the form of procedure as nearly as possible as it was, than to set
AYES.
| ||
| Abraham, William (Cork, N.E.) | Benn, John Williams | Burt, Thomas |
| Ainsworth, John Stirling | Black, Alexander William | Buxton, Sydney Charles |
| Allen, Charles P. | Blake, Edward | Caldwell, James |
| Ashton, Thomas Gair | Boland, John | Cameron, Robert |
| Asquith. Rt. Hn. Herbert Henry | Brigg, John | Campbell-Bannerman, Sir H. |
| Aherley-Jones, L. | Broadhurst, Henry | Cawley, Frederick |
| Barlow, John Emmott | Brown, George M. (Edinburgh) | Channing, Francis Allston |
| Barran, Rowland Hirst | Brunner, Sir John Tomlinson | Condon, Thomas Joseph |
| Bayley, Thomas (Derbyshire) | Bryce, Rt. Hon. James | Corbett, A. Cameron (Glasgow) |
| Beaumont, Wentworth C. B. | Buchanan, Thomas Ryburn | Craig, Robert Hunter (Lanark) |
| Bell, Richard | ||
up a new tribunal which would have jurisdiction only in cases where compensation was concerned. In other words, they would have in every county, the quarter sessions seized of one part of this appellant jurisdiction, and the standing committee seized of another part of it. There was another question raised by this proposal, namely, the question of admitting a representative element in relation to the administration of the compensation fund. If the fund were a public fund subscribed out of the rates, or was in any way a county charge, it might be argued that there ought to be representation; but, of course, this fund was no such thing. It was a charge on one particular trade to enable them to insure against their licences being refused. He had always understood that the objection to this particular clause was that it interfered with the justices; but justices would be interfered with more by setting up a standing joint committee than by retaining quarter sessions. The Amendment, as far as he understood it, would also change what was proposed as regarded county boroughs, because it would take away from the whole body of the justices there the right to administer the fund in their own districts. That would be a great pity. In giving that power to justices in county boroughs he thought the Government were setting up the proper tribunal for administering this fund; and the reason why county boroughs were treated in this way was because they provided a sufficient compensation area. He was, therefore, unable to accept the Amendment.
Question put.
The Committee divided:—Ayes, 178; Noes, 265. (Division List No. 202).
| Cremer, William Randal | Joyce, Michael | Rose, Charles Day |
| Crombie, John William | Lambert, George | Runciman, Walter |
| Crooks, William | Langley, Batty | Russell, T. W. |
| Cross, Alexander (Glasgow) | Lawson, Sir Wilfrid (Cornwall) | Samuel, S. M. (Whitechapel) |
| Davies, Alfred (Carmarthen) | Layland-Barrett, Francis | Schwann, Charles E. |
| Davies,M. Vaughan (Cardigan | Leese,Sir Joseph F(Accrington | Seely,Maj. JEB (Isle of Wight) |
| Delany, William | Leigh, Sir Joseph | Shackleton, David Jame |
| Devlin, Joseph (Kilkenny, N.) | Leng, Sir John | Shaw, Charles Edw. (Stafford) |
| Dilke, Rt. Hon. Sir Charles | Levy, Maurice | Shaw, Thomas (Hawick B.) |
| Dobbie, Joseph | Lewis, John Herbert | Shipman, Dr. John G. |
| Douglas, Charles M. (Lanark) | Lloyd-George, David | Sinclair, John (Forfarshire) |
| Duncan, J. Hastings | Lough, Thomas | Slack, John Bamford |
| Dunn, Sir William | Lundon, W. | Sloan, Thomas Henry |
| Edwards, Frank | Lyell, Charles Henry | Smith, Samuel (Flint) |
| Elibank, Master of | Macnamara, Dr. Thomas J. | Soames, Arthur Wellesley |
| Ellice, CaptEC(S Andrw's Bghs | MacNeill, John Gordon Swift | Stanhope, Hon. Philip James |
| Ellis, John Edward (Notts.) | MacVeagh, Jeremiah | Stevenson, Francis S. |
| Emmott, Alfred | M'Arthur, William (Cornwall) | Strachey, Sir Edward |
| Esmonde, Sir Thomas | M'Crae, George | Sullivan, Donal |
| Evans, Sir Francis H (Maidstone | M'Kenna, Reginald | Taylor, Theodore C. (Radcliffe) |
| Evans, Samuel T. (Glamorgan) | Mansfield, Horace Rendall | Tennant, Harold John |
| Fenwick, Charles | Mappin, Sir Frederick Thorpe | Thomas, Abel (Carmarthen, E.) |
| Ferguson, R. C. Munro (Leith) | Markham, Arthur Basil | Thomas,Sir A. (Glamorgan, E.) |
| Fitzmaurice, Lord Edmond | Mitchell,Edw.(Fermanagh, N.) | Thomas, David Alfred (Merthyr |
| Flavin, Michael Joseph | Morgan, J. Lloyd (Carmarthen( | Thomas,JA (Glamorgan Gower |
| Foster, Sir Walter (Derby Co.) | Morpeth, Viscount | Tomkinson, James |
| Fuller, J. M. F. | Moulton, John Fletcher | Trevelyan, Charles Philips |
| Furness, Sir Christopher | Newnes, Sir George | Ure, Alexander |
| Gladstone,Rt Hn. Herbert J. | Norton, Capt. Cecil William | Wallace, Robert |
| Goddard, Daniel Ford | Nussey, Thomas Willans | Walton, J. Lawson (Leeds, S.) |
| Grant, Corrie | O'Brien, Kendal (Tipperary Mid | Walton, Joseph (Barnsley) |
| Grey,Rt, Hn. Sir E. (Berwick | O'Donnell, T. (Kerry, W.) | Wason, Eugene(Clackmannan) |
| Guest, Hon. Ivor Churchill | O'Kelly,James (Roscommon, N | Wason,John Cathcart (Orkney) |
| Gurdon, Sir W. Brampton | O'Malley, William | White, George (Norfolk) |
| Hain, Edward | O'Shaughnessy, P. J. | White, Luke (York, E. R.) |
| Harcourt, Lewis V. (Rossendale | Parrott, William | Whitley, J. H. (Halifax) |
| Harcourt, RtHnSir W (Monm'th | Partington, Oswald | Whittaker, Thomas Palmer |
| Harwood, George | Paulton, James Mellor | Williams, Osmond (Merioneth) |
| Hayter, Rt. Hn. Sir Arthur D. | Philipps, John Wynford | Wilson, Chas. Henry (Hull, W.) |
| Hemphill, Rt. Hn. Charles H. | Price, Robert John | Wilson, Fred. W.(Norfolk Mid.) |
| Henderson, Arthur (Durham) | Rea, Russell | Wilson, Henry J. (York. W.R.) |
| Higham, John Sharpe | Reckitt, Harold James | Wilson, John (Falkirk) |
| Hobhouse, C.E.H. (Bristol, E.) | Reddy, M. | Wood, James |
| Hobhouse,RtHnH. (Somers't,E | Reid,Sir R. Threshie (Dumfries | Woodhouse, SirJT (Huddersf'd |
| Horniman, Frederick John | Rickett, J. Compton | Yoxall, James Henry |
| Hutchinson, Dr. Charles Fredk. | Rigg, Richard | |
| Jacoby, James Alfred | Roberts, John Bryn (Eifion) | |
| Johnson, John (Gateshead) | Roberts, John H. (Denbighs.) | TELLERS FOR THE AYES—Mr. |
| Joicey, Sir James | Robertson, Edmund (Dundee) | Ellis Griffith and Mr. |
| Jones, David Brynmor(Swansea | Robson, William Snowdon | Dalziel. |
| Jordan Jeremiah | Roche, John |
NOES.
| ||
| Agg-Gardner, James Tynte | Balfour, Rt Hn Gerald W (Leeds | Butcher, John George |
| Agnew, Sir Andrew Noel | Banbury, Sir Frederick George | Campbell,Rt.Hn.JA (Gasgow) |
| Aird, Sir John | Barry,Sir Francis T. (Windsor) | Carson, Rt. Hon. Sir Edw. H. |
| Anson, Sir William Reynell | Bathurst, Hn. Allen Benjamin | Cautley, Henry Strother |
| Arkwright, John Stanhope | Bhownaggree, Sir M. M. | Cavendish, V.C.W.(Derbyshire |
| Arrol, Sir William | Bignold, Arthur | Cayzer, Sir Charles William |
| Atkinson, Rt. Hon. John | Bill, Charles | Cecil, Evelyn (Aston Manor) |
| Aubrey-Fletcher,Rt. Hn.SirH. | Blundell, Colonel Henry | Cecil, Lord Hugh (Greenwich) |
| Austin, Sir John | Bond, Edward | Chamberlain, RtHn J.A. (Worc. |
| Bagot, Capt. Josceline FitzRoy | Boscawen, Arthur Griffith | Chamberlayne, T. (S'thampton |
| Bailey, James (Walworth) | Bousfield, William Robert | Chapman, Edward |
| Bain, Colonel James Robert | Bowles,Lt.-Col.H.F (Middlesex | Charrington, Spencer |
| Churchill, Winston Spencer | ||
| Baird, John George Alexander | Bowles,T.Gibson (King'sLynn | Clive, Captain Percy A. |
| Balcarres, Lord | Brodrick, Rt. Hon. St. John | Coates, Edward Feetham |
| Baldwin, Alfred | Brotherton, Edward Allen | Cochrane,Hon. Thos. H. A. E |
| Balfour,Rt. Hn. A. J.(Manch'r | Burdett-Coutts, W. | Coddington, Sir William |
| Coghill, Douglas Harry | Horner, Frederick William | Purvis, Robert |
| Cohen, Benjamin Louis | Houldsworth, Sir Wm. Henry | Pym, C. Guy |
| Colomb, Rt. Hn. Sir John C. R. | Hoult, Joseph | Rankin, Sir James |
| Colston, Chas, Edw. H. Athole | Houston, Robert Paterson | Ratcliff, R. F. |
| Cox, Irwin Edward Bainbridge | Howard, J.(Midd., Tottenham | Reid, James (Greenock) |
| Craig, Charles Curtis (Antrim, S | Hozier, Hn. James Henry Cecil | Remnant, James Farquharson |
| Crean, Eugene | Hudson, George Bickersteth | Renshaw, Sir Charles Bine |
| Cripps, Charles Alfred | Jeffreys, Rt. Hn. Arthur Fred | Renwick, George |
| Cross, Herb. Shepherd (Bolton) | Kennaway, Rt. Hn. Sir J. H. | Richards, Henry Charles |
| Crossley, Rt. Hon. Sir Savile | Kenyon, Hn. Geo. T. (Denbigh) | Ridley, S. Forde (Bethnal Green |
| Dalkeith, Earl of | Kenyon-Slaney, Col. W. (Salop | Ritchie, Rt. Hn. Chas. Thomson |
| Dalrymple, Sir Charles | Kerr, John | Roberts, Samuel (Sheffield) |
| Davenport, William Bromley | Kimber, Henry | Robertson, Herbert (Hackney) |
| Davies, Sir Horatio D.(Chatham | King, Sir Henry Seymour | Robinson, Brooke |
| Denny, Colonel | Laurie, Lieut.-General | Rolleston, Sir John F. L. |
| Dickinson, Robert Edmond | Law, Andrew Bonar (Glasgow' | Rollit, Sir Albert Kaye |
| Dickson, Charles Scott | Lawson, J. Grant (Yorks. N.R. | Ropner, Colonel Sir Robert |
| Dickson-Poynder, Sir John P. | Lee, Arthur H (Hants., Fareham | Round, Rt. Hon. James |
| Dimsdale, Rt. Hon. Sir Joseph C. | Legge, Col. Hon. Heneage | Rutherford, John (Lancashire) |
| Disraeli, Coningsby Ralph | Llewellyn, Evan Henry | Rutherford, W. W. (Liverpool) |
| Dixon-Hartland, Sir Fred Dixon | Loder, Gerald Walter Erskine | Sackville, Col. S. G. Stopford- |
| Doogan, P. C. | Long, Col. Charles W.(Evesham | Sadler, Col. Samuel Alexander |
| Doughty, George | Long, Rt. Hn. Walter (Bristol,S) | Samuel, Sir Harry S.(Limehouse |
| Douglas, Rt. Hon. A. Akers | Lonsdale, John Brownlee | Sassoon, Sir Edward Albert |
| Doxford, Sir William Theodore | Lowe, Francis William | Seely, Charles Hilton (Lincoln) |
| Duke, Henry Edward | Lowther, C. (Cumb. Eskdale) | Sharpe, William Edward T. |
| Durning-Lawrence, Sir Edwin | Loyd, Archie Kirkman | Shaw-Stewart, Sir H.(Renfrew) |
| Dyke, Rt. Hn. Sir William Hart | Lucas, Col. Francis (Lowestoft) | Sheehan, Daniel Daniel |
| Egerton, Hon. A. de Tatton | Lucas Reginald J. (Portsmouth) | Simeon, Sir Barrington |
| Elliot, Hon. A. Ralph Douglas | Lyttelton, Rt. Hon. Alfred | Smith HC. (North'mb. Tyneside |
| Faber, Edmund B. (Hants, W.) | Macdona, John dimming | Spear, John Ward |
| Fergusson, Rt. Hn. Sir J.(Manc'r | MacIver, David (Liverpool) | Stanley, Edward Jas. (Somerset) |
| Fielden, Edward Brocklehurst | Maconochie, A. W. | Stanley, Rt. Hon. Lord (Lancs.) |
| Pinch, Rt. Hon. George H. | M'Fadden, Edward | Stewart, Sir Mark J. M'Taggart |
| Finlay, Sir Robert Bannatyne | M'Iver, Sir Lewis (Edinburgh W | Stirling-Maxwell, Sir John M. |
| Fisher, William Hayes | M'Killop, James (Stirlingshire) | Stock, James Henry |
| Fison, Frederick William | M'Killop, W. (Sligo, North) | Stone, Sir Benjamin |
| FitzGerald, Sir Robert Penrose | Manners, Lord Cecil | Stroyan, John |
| Fitzroy,Hn. Edward Algernon | Martin, Richard Biddulph | Talbot Rt. Hn. J.G. (Oxf'd Univ. |
| Flannery, Sir Fortescue | Massey-Mainwaring, Hn. W.F. | Taylor, Austin (East Toxteth) |
| Flower, Sir Ernest | Maxwell, Rt Hn Sir H.E. (Wigt'n | Thorburn, Sir Walter |
| Forster, Henry William | Maxwell, W. T.H (Dumfriesshire | Tollemache, Henry James |
| Foster, Philip S. (Warwick, S. W. | Melville, Beresford Valentine | Tomlinson, Sir Wm. Edw. M. |
| Galloway, William Johnson | Meysey-Thompson, Sir H. M. | Tritton, Charles Ernest |
| Gardner, Ernest | Mildmay, Francis Bingham | Tuff, Charles |
| Garfit, William | Milvain, Thomas | Tuffnell, Lieut.-Col. Edward |
| Gibbs, Hon. A. G. H. | Montagu, G. (Huntingdon) | Valentia, Viscount |
| Gordon, Hn. J E (Elgin & Nairn) | Montagu, Hn. J. Scott (Hants.) | Vincent, Col. Sir C. E H (Sheffield |
| Gordon, Maj Evans (T'r H'mlets | Moon, Edward Robert Pacy | Vincent, Sir Edgar (Exeter) |
| Gorst, Rt. Hon. Sir John Eldon | Moore, William | |
| Goulding, Edward Alfred | Morgan David J. (Walthamstow | Walker, Col. William Hall |
| Graham, Henry Robert | Morrell, George Herbert | Warde, Colonel C. E. |
| Greene, Henry D. (Shrewsbury) | Morrison, James Archibald | Webb, Colonel William George |
| Greene, W. Raymond (Cambs.) | Morton, Arthur H. Aylmer | Welby, Lt.-Col. A.C.E. (Taunton |
| Grenfell, William Henry | Mount, William Arthur- | Welby, Sir Chas. G.E. (Notts.) |
| Greville, Hon. Ronald | Murray, Charles J. (Coventry) | Wharton, Rt. Hon. John Lloyd |
| Groves, James Grimble | Murray, Col. Wyndham (Bath) | Whiteley, H. (Ashton und. Lyne |
| Gunter, Sir Robert | Myers, William Henry | Williams, Colonel R. (Dorset |
| Hall, Edward Marshall | Nolan, Col. John P. (Galway, N.) | Willoughby de Eresby, Lord |
| Halsey, Rt. Hon. Thomas F | Nolan, Joseph (Louth, South) | Wilson, A. Stanley (York, E.R.) |
| Hamilton, Marq of (L'nd'nderry | O'Brien, Patrick (Kilkenny) | Wilson-Todd, Sir W.H.(Yorks.) |
| Hardy, Laurence (Kent, Ashford | O'Brien, P. J. (Tipperary, N.) | Wolff, Gustav Wilhelm |
| Hare, Thomas Leigh | O'Dowd, John | Worsley-Taylor, Henry Wilson |
| Harris, F. Leverton (Tynem'th) | Palmer, Walter (Salisbury) | Wrightson, Sir Thomas |
| Harris, Dr. Fredk. R. Dulwich) | Peel Hn. Wm. Robert Wellesley | Wyndham, Rt. Hon. George |
| Hay, Hon. Claude George | Pemberton, John S. G. | Wyndham-Quin, Col. W. H. |
| Heath, James (Staffords. N.W. | Percy, Earl | Yerburgh, Robert Armstrong |
| Heaton, John Henniker | Pierpoint, Robert | Young, Samuel |
| Helder, Augustus | Pilkington, Colonel Richard | Younger William |
| Henderson, Sir A. (Stafford, W.) | Platt-Higgins, Frederick | |
| Hickman, Sir Alfred | Plummer, Walter R. | |
| Hoare, Sir Samuel | Powell, Sir Francis Sharpe | TELLERS FOR THE NOES— |
| Hogg, Lindsay | Pretyman, Ernest George | Sir Alexander Acland-Hood |
| Hope, J.F.(Sheffield, Brightside | Pryce-Jones, Lt.-Col. Edward | and Mr. Ailwyn Fellowes |
said the object of the Amendment he now proposed to move was to secure that no change in the machinery with regard to licensing administration should take place except on the condition that quarter sessions decided to levy the annual charge referred to in Sub-section 1, Clause 3, of the Bill. The root principle of this Bill was to attempt to reduce licences throughout the country, but that, in the view of the Government, could not be adequately or justly done without payment of compensation. The Government had made it clear that there would have been no need for any change in regard to licensing jurisdiction had it not been necessary to have a compensation fund of this character for the benefit of those who lost their licences on the sole ground of non-requirement. The Government had more 'than once asserted that it was not their desire to interfere in any way with the jurisdiction of the local licensing justices, but that if it was absolutely necessary to set up a compensation fund then it was necessary for quarter sessions to decide the question of non-renewals on the ground of non-necessity. That being so, what possible ground could there be for any interference with the present powers of jurisdiction of the local justices unless quarter sessions decided to set up a compensation fund? It was admitted that there was an inconvenience with regard to the double jurisdiction and there were undoubtedly serious disadvantages connected with it. He urged this Amendment on the practical ground that above all things it was desirable that every kind of stimulus should be provided for uniformity of action throughout the country in regard to the setting up of this fund. It was perfectly plain that unless every quarter sessions decided to levy the fund the fund would be hopelessly inadequate to bring about any reduction of licences throughout the country. On these grounds he begged to move.
Amendment proposed—
"In page 1, line 9, after the word 'shall,' to insert the words ' in the event of quarter sessions deciding to impose in respect of all on-licences within their area the charges referred to in Section 3, Sub-section (1), of the Act.'"—(Mr. Herbert Roberts.)
Question proposed, "That those words, be there inserted."
said with regard to this Amendment he had nothing to add to what he had already said on a previous Amendment of a similar character. He asked what reason was there to suppose that quarter sessions would refuse to carry out their duty when this Bill was passed, any more than they refused to carry it out now. The whole argument in favour of this Amendment appeared to be that they were to assume that quarter sessions, when this Bill was passed, would refuse to administer the law. Did not the hon. Member who moved the Amendment see that if quarter sessions did not set up a compensation fund what it involved? Quarter sessions would at some time have to say, "We will not do our duty in the renewal of licences." They could not segregate the two cases. Directly quarter sessions refused to set up a compensation fund they abrogated all their functions under the Bill. If the Amendment were passed it would be necessary to go further and abolish quarter sessions altogether, because they might decide to set up the fund, but charge the minimum instead of the maximum rates, and thus defeat the purpose of the fund. It they were wicked enough to do the one thing they were bad enough to do the-other. There was really no ground for treating quarter sessions in this way, they had always transacted their business properly, and there was no reason to suppose that they would adopt a different course in the future.
pointed out that, inasmuch as the municipal authorities were losing their rights, there would be no reduction of licences whatever if the quarter sessions refused to act. It was only reasonable that this provision should be made compulsory. The local justices were most in touch with local opinion, but there was nothing in the Bill to give effect to the recommendation of both Reports of the Royal Commission that local opinion should be consulted. The Commission recommended that the licensing authority should be a combination of the justices and elected persons from the town council, but there was no provision of that kind in the Bill. As the powers of the borough justices were to be taken away, the county justices ought to be compelled to do something on the recommendation of the local magistrates. His experience as a borough magistrate had not been such as to satisfy him that the county justices would take the necessary steps without pressure. He hoped, therefore, the Government would not refuse the concession asked for by this Amendment.
said the conditions under which the discussion was being carried on did not admit of anything like free or adequate debate, but the matter raised by the present Amendment was of so much urgency, and the grounds on which the hon. Member had rested his case were so strong, that he thought the Government might give it a little more consideration. The proposal of the Amendment was that the jurisdiction at present possessed by the licensing justices should be retained by them unless quarter sessions, to which that jurisdiction was by this Bill to be transferred, resolved to set up this fund. He entirely demurred to the suggestion of the Solicitor-General that the quarter sessions would be guilty of any neglect of duty if they refused to raise the fund. In some counties it was in the highest degree probable that quarter sessions would not think it worth while to do so. In consequence of the small-ness of the area involved the fund would be wholly inadequate to effect any substantial reduction of licences, and quarter sessions might very reasonably say that they would have nothing whatever to do with the matter. What would be the position then? The power of the licensing justices
AYES.
| ||
| Ainsworth, John Stirling | Boland, John | Cameron, Robert |
| Allen, Charles P. | Brigg, John | Campbell-Bannerman, Sir H. |
| Ashton, Thomas Gair | Broadhurst, Henry | Cawley, Frederick |
| Atherley-Jones, L. | Brown, George M.(Edinburgh) | Channing, Francis Allston |
| Barlow, John Emmott | Brunner, Sir John Tomlinson | Condon, Thomas Joseph |
| Barran, Rowland Hirst | Bryce, Rt. Hon. James | Corbett, A. Cameron (Glasgow) |
| Bayley, Thomas (Derbyshire) | Buchanan, Thomas Ryburn | Craig, Robert Hunter (Lanark) |
| Beaumont, Wentworth, C. B. | Burt, Thomas | Cremer, William Randal |
| Benn, John Williams | Buxton, Sydney Charles | Crombie, John William |
| Black, Alexander William | Caldwell, James | Crooks, William |
would have been taken away, and in its place a nugatory power given to quarter sessions; therefore in those counties the whole thing would be hung up, and there would be no authority in a position to exercise a jurisdiction which everybody admitted to be necessary. A. more reasonable Amendment had not, m his opinion, been proposed in the whole course of the discussion.
said the argument of the right hon. and learned Gentleman would be all very well if the local authorities had an absolute power to refuse licences, but they had no such power, as the last word already lay with quarter sessions. He regretted that the right hon. Gentleman should have said that quarter sessions would be able to ignore the Bill. But if any quarter sessions were in that frame of mind, if this Amendment were carried how many licences were they likely to do away with on the appeal of the local justices? The same matters would be operative with them, and would render the provision nugatory.
did not believe the quarter sessions of a single English county would refuse to take this matter up and act. Quarter sessions throughout the country had long desired to do something in the way of the reduction of licences, but they had not possessed the power. They were now to have the power, and it was not likely that any body of English gentlemen would refuse to exercise it.
Question put.
The Committee divided:—Ayes, 176; Noes, 267. (Division List No. 203.)
| Cross, Alexander (Glasgow) | Jordan, Jeremiah | Robertson, Edmund (Dundee) |
| Dalziel, James Henry | Joyce, Michael | Robson, William Snowdon |
| Davies, Alfred (Carmarthen) | Kitson, Sir James | Roche, John |
| Davies, M. Vaughan-(Cardigan | Rose, Charles Day | |
| Delany, William | Lambert, George | Runciman, Walter |
| Devlin, Chas. Ramsay (Calway | Langley, Batty | Russell, T. W. |
| Dilke, Rt. Hon. Sir Charles | Lawson, Sir Wilfrid (Cornwall | Samuel, S. M. (Whitechapel) |
| Dobbie, Joseph | Layland-Barratt, Francis | Shaw, Charles Edw. (Stafford) |
| Doogan, P. C. | Leese SirJoseph F.(Accrington | Shaw, Thomas (Hawick, B.) |
| Douglas, Charles M. (Lanark) | Leigh, Sir Joseph | Sheehy, David |
| Duncan, J. Hastings | Long, Sir John | Shipman, Dr. John G. |
| Dunn, Sir William | Levy, Maurice | Sinclair, John (Forfarshire) |
| Lewis, John Herbert | Slack, John Bamford | |
| Edwards, Frank | Lloyd-George, David | Sloan, Thomas Henry |
| Elibank, Master of | Lough, Thomas | Smith, Samuel (Flint) |
| Ellice, Capt EC (S. Andrw's Bghs | Lundon, W. | Soames, Arthur Wellesley |
| Ellis, John Edward (Notts.) | Lyell, Charles Henry | Spear, John Ward |
| Emmott, Alfred | Macnamara, Dr. Thomas J. | Stanhope, Hon. Philip James |
| Esmonde, Sir Thomas | MacNeill, John Gordon Swift | Stevenson, Francis S. |
| Evans, Sir Francis H.(Maidstone | MacVeagh, Jeremiah | Strachey, Sir Edward |
| Evans, Samuel T. (Glamorgan) | M'Arthur, William (Cornwall) | Sullivan, Donal |
| Fenwick, Charles | M'Crae, George | Taylor, Theodore C. (Radcliffe) |
| Ferguson, R. C. Munro (Leith) | M'Kenna, Reginald | Thomas, Abel (Carmarthen |
| Fitzmaurice, Lord Edmond | Mansfield, Horace Rendall | Thomas, Sir A. (Glamorgan, E.) |
| Foster, Sir Walter (Derby Co.) | Mappin, Sir Frederick Thorpe | Thomas, David Alfred (Merthyr) |
| Fowler, Rt. Hon. Sir Henry | Markham, Arthur Basil | Thomas, J A (Glamorgan, Gower |
| Freeman-Thomas, Captain F. | Mitchell, Edw. (Fermanagh, N.) | Tillet, Louis John |
| Fuller, J. M. F. | Morgan, J. Lloyd (Carmarthen) | Tomkinson, James |
| Furness, Sir Christopher | Moss, Samuel | Toulmin, George |
| Gladstone, Rt. Hn. Herbert John | Moulton, John Fletcher | Trevelyan, Charles Philip |
| Goddard, Daniel Ford | Murphy John | Ure, Alexander |
| Grant, Corrie | Norton, Capt. Cecil William | Wallace, Robert |
| Grey, Rt. Hn. Sir E.( Berwick) | Nussey, Thomas Willans | Walton, JohnLawson (Leeds, S.) |
| Griffith, Ellis T. | O'Brien, Kendal (Tipperary Mid | Walton, Joseph (Barnsley) |
| Gurdon, Sir W. Brampton | O'Donnell, T. (Kerry, W.) | Wason, Eugene (Clackmannan) |
| Hain, Edward | O'Kelly, James(Roscommon,N | Wason, John Cathcart(Orkney) |
| Harcourt, Lewis V.(Rossendale | O'Mulley, William | White, George (Norfolk) |
| Harcourt, Rt Hn Sir W (Monm'th | O'Shaughnessy, P. J. | White, Luke (York, E.R.) |
| Harwood, George | Parrott, William | Whitley, J. H. (Halifax) |
| Hayter, Rt. Hon. Sir Arthur D. | Partington, Oswald | Whittaker, Thomas Palmer |
| Hemphill, Rt. Hon. Charles H. | Paulton, James Mellor | Wilson, Chas. Henry (Hull, W. |
| Henderson, Arthur (Durham) | Perks, Robert William | Wilson, Henry J. (York, W.R.) |
| Higham, John Sharpe | Philipps, John Wynford | Wilson, John (Falkirk) |
| Hobhouse, C. E. H. (Bristol, E.) | Price, Robert John | Wood, Tames |
| Horniman, Frederick John | Rea, Russell | Woodhouse Sir J.T (Hudd'rsfi'd |
| Hutchinson, Dr. Charles Fredk. | Reckitt, Harold James | Yoxall, James Henry |
| Hutton, Alfred E. (Morley) | Reddy, M. | |
| Jacoby, James Alfred | Reid, Sir R. Threshie (Dumfries | TELLERS FOR THE AYES— |
| Johnson, John (Gateshead) | Rickett, J. Compton | Mr. Herbert Roberts and |
| Joicey, Sir James | Rigg, Richard | Mr. Shackleton. |
| Jones, David Brynmor (Swansea | Roberts, John Bryn (Eifion) |
NOES.
| ||
| Agg-Gardner, James Tynte | Balfour, Rt Hn Gerald W. (Leeds | Burdett-Coutts, W. |
| Agnew, Sir Andrew Noel | Banbury, Sir Frederick George | Butcher, John George |
| Aird, Sir John | Barry, Sir Francis T.(Windsor) | Campbell, Rt. Hn. J.A.(Glasgow |
| Anson, Sir William Reynell | Bathurst, Hon. Allen Benjamin | Carson, Rt. Hon. Sir Edw. H. |
| Arkwright, John Stanhope | Bhownaggree, Sir M. M. | Cautley, Henry Strother |
| Arrol, Sir William | Bignold, Arthur | Cavendish, V.C.W. (Derbyshire |
| Atkinson, Rt. Hon. John | Bill, Charles | Cayzer, Sir Charles William |
| Aubrey-Fletcher Rt. Hon. Sir H | Blundell, Colonel Henry | Cecil, Evelyn (Aston Manor) |
| Austin, Sir John | Bond, Edward | Cecil, Lord Hugh (Greenwich) |
| Bagot, Capt. Josceline FitzRoy | Boscawen, Arthur Griffith- | Chamberlain, Rt Hn J.A.(Worc. |
| Bailey, James (Walworth) | Bousfield, William Robert | Chamberlayne, T. (S'thampton |
| Bain, Colonel James Robert | Bowles, Lt. Col. H.F.(Middlesex | Chapman, Edward |
| Baird, John George Alexander | Charrington, Spencer | |
| Balcarres, Lord | Bowles, T. Gibson (King's Lynn | Churchill, Winston Spencer |
| Baldwin, Alfred | Brodrick, Rt. Hon. St. John | Clare, Octavius Leigh |
| Balfour, Rt. Hon. A. J.(Manch'r | Brotherton, Edward Allen | Clive, Captain Percy A. |
| Bull, William James | Coates, Edward Feetham | |
| Cochrane, Hon. Thos. H. A. E. | Helder, Augustus | O'Brien, P. J.(Tipperary, N.) |
| Coddington, Sir William | Henderson, Sir A.(Stafford, W.) | Palmer, Walter (Salisbury) |
| Coghill, Douglas Harry | Hickman, Sir Alfred | Peel, Hn. Wm. Robert Wellesley |
| Cohen, Benjamin Louis | Hoare, Sir Samuel | Percy, Earl |
| Colomb, Rt. Hon. Sir John C.R. | Hobhouse, Rt. Hn H(Somers't, E | Pierpoint, Robert |
| Colston, Chas. Edw. H. Athole | Hogg, Lindsay | Pilkington, Colonel Richard |
| Cox, Irwin Edward Bainbridge | Hope, J. F. (Sheffield, Brightside | Plummer, Walter R. |
| Craig. Chas. Curtis (Antrim, S.) | Horner, Frederick William | Powell, Sir Francis Sharp |
| Crean, Eugene | Houldsworth, Sir Wm. Henry | Pretyman, Ernest George |
| Cripps, Charles Alfred | Hoult, Joseph | Pryce-Jones, Lt.-Col. Edward |
| Cross, Herb. Shepherd (Bolton) | Houston, Robert Paterson | Purvis, Robert |
| Crossley, Rt. Hon. Sir Savile | Howard, J.(Midd., Tottenham | Pym, C. Guy |
| Dalkeith, Earl of | Hozier, Hn. James Henry Cecil | Rankin, Sir James |
| Dalrymple, Sir Charles | Hudson, George Bickersteth | Ratcliff, R. F. |
| Davenport, W. Bromley- | Jeffreys, Rt. Hon. Arthur Fred | Reid, James (Greenock) |
| Davies, Sir Horatio D. (Chatham | Jessel, Captain Herbert Merton | Remnant, James Farquharson |
| Dickinson, Robert Edmond | Johnstone, Heywood (Sussex) | Renshaw, Sir Charles Bine |
| Dickson, Charles Scott | Kennaway, Rt. Hn. Sir John H. | Renwick, George |
| Dimsdale, Rt.Hn. Sir Joseph C | Kenyon, Hn. Geo. T.(Denbigh) | Richards, Henry Charles |
| Disraeli, Coningsby Ralph | Kenyon-Slaney, Col. W. (Salop. | Ridley, S. Forde (BethnalGreen |
| Dixon-Hartland, Sir Fred Dixon | Kerr, John | Roberts, Samuel (Sheffield) |
| Dorington, Rt. Hon. Sir John E. | Kimber, Henry | Robertson, Herbert (Hackney) |
| Doughty, George | King, Sir Henry Seymour | Robinson, Brooke |
| Douglas, Rt. Hon. A. Akers- | Knowles, Sir Lees | Rolleston, Sir John F. L. |
| Doxford, Sir William Theodore | Laurie, Lieut.-General | Rollit, Sir Albert Kaye |
| Duke, Henry Edward | Law, Andrew Bonar (Glasgow) | Ropner, Colonel Sir Robert |
| Durning-Lawrence, Sir Edwin | Lawson, John Grant (Yorks. N. R | Round, Rt. Hon. James |
| Dyke, Rt. Hon. Sir William Hart | Lee, Arthur H (Hants. Fareham | Rutherford, John (Lancashire) |
| Egerton, Hon. A. de Tatton | Legge, Col. Hon. Heneage | Rutherford, W. W. (Liverpool) |
| Faber, Edmund B.(Hants, W.) | Llewellyn, Evan Henry | Sackville, Col. S. G. Stopford- |
| Fergusson Rt. Hn. Sir J.(Manc | Loder, Gerald Walter Erskine | Sadler, Col. Samuel Alexander |
| Finch, Rt. Hon. George H. | Long Col. Chas. W. (Evesham) | Samuel SirHarry S.(Limehouse |
| Finlay, Sir Robert Bannatyne | Long Rt. Hn. Walter (Bristol, S) | Sassoon, Sir Edward Albert |
| Fisher, William Hayes | Lonsdale, John Brownlee | Seely, Charles Hilton (Lincoln) |
| Fison, Frederick William | Lowe, Francis William | Seton-Karr, Sir Henry |
| FitzGerald, Sir Robert Penrose- | Lowther, C. (Cumb., Eskdale) | Snarpe, William Edward T. |
| Fitzroy, Hon. Ed ward Algernon | Loyd, Archie Kirkman | Shaw-Stewart, Sir H.(Renfrew) |
| Flannery, Sir Fortescue | Lucas, Reginald J. (Portsmouth | Sheehan, Daniel Daniel |
| Flavin, Michael Joseph | Lyttelton, Rt. Hon. Alfred | Simeon, Sir Barrington |
| Flower, Sir Ernest | Macdona, John dimming | Smith, HC(North'mb Tyneside |
| Forster, Henry William | Maconochie, A. W. | Stanley, Ed ward Jas. (Somerset) |
| Foster, Philip S.(Warwick, S.W. | M'Fadden, Edward | Stanley, Rt. Hon. Lord (Lancs |
| Galloway, William Johnson | M"Iver, Sir Lewis (Edinburgh, W | Stewart, Sir Mark J. M'Taggart |
| Gardner, Ernest | M'Killop, James (Stirlingshire) | Stirling-Maxwell, Sir John M. |
| Garfit, William | Majendie, James A. H. | Stock, James Henry |
| Gibbs, Hon. A. G. H. | Manners, Lord Cecil | Stone, Sir Benjamin |
| Gordon, Hn. J.E.(Elgin & Nairn) | Martin, Richard Biddulph | Stroyan, John |
| Gordon, Maj Evans-(T'r H'mlets | Massey-Mainwaring, Hn. W.F. | Talbot, Lord E. (Chichester) |
| Gorst, Rt. Hon. Sir John Eldon | Maxwell, Rt Hn. Sir H.E(Wigt'n | Talbot Rt. Hn. J.G.(Oxf'd Univ. |
| Goschen, Hon. George Joachim | Maxwell, W.J.H(Dumfriesshire | Taylor, Austin (East Toxteth) |
| Goulding, Edward Alfred | Melville, Beresford Valentine | Thorburn, Sir Walter |
| Graham, Henry Robert | Meysey-Thompson, Sir H. M. | Tollemache, Henry James |
| Greene, Henry D.(Shrewsbury) | Mildmay, Francis Bingham | Tomlinson. Sir Wm. Edw. M. |
| Greene, W. Raymond (Cambs) | Milvain, Thomas | Tritton, Charles Ernest |
| Grenfell, William Henry | Montagu, G. (Huntingdon) | Tuff, Charles |
| Gretton, John | Moon, Edward Robert Pacy | Valentia, Viscount |
| Greville, Hon. Ronald | Moore, William | Vincent, Col. Sir C. EH(Sheffield |
| Groves, James Grimble | Morgan David J.(Walthamstow | Walker, Col. William Hall |
| Gunter, Sir Robert | Morpeth, Viscount | Warde, Colonel C. E. |
| Hall, Edward Marshall | Morrell, George Herbert | Webb, Colonel William George |
| Halsey, Rt. Hon. Thomas F. | Morrison, James Archibald | Welby, Lt.Col. C.E.(Taunton |
| Hambro, Charles Eric | Morton, Arthur H. Aylmer | Welby, Sir Charles G.E. (Notts. |
| Hamilton, Marq. of (L'donderry | Mount, William Arthur | Wharton, Rt. Hon. John Lloyd |
| Hardy Laurence (Kent, Ahford) | Murray, Charles J. (Coventry) | Whiteley, H.(Ashton und. Lyne |
| Hare, Thomas Leigh | Murray, Col. Wyndham (Bath) | Whitmore, Charles Algernon |
| Harris, F. Leverton (Tynem'th | Myers, William Henry | Williams, Colonel R. (Dorset) |
| Harris Dr. Fredk. R. (Dulwich) | Newdegate, Francis A. N. | Willoughby de Eresby, Lord |
| Hay, Hon. Claude George | Nolan, Col. John P.(Galway, N.) | Wilson, A. Stanley(York, E.R.) |
| Heath, James(Staffords., N. W.) | Nolan, Joseph (Louth, South) | Wilson-Todd, Sir W.H.(Yorks) |
| Heaton, John Henniker | O'Brien, Patrick (Kilkenny) | Wolff, Gustav Wilhelm |
| Worsley-Taylor, Henry Wilson | Wyndham-Quin, Col. W. H. | TELLERS FOR THE NOES— |
| Wortley, Rt. Hon. C.B. Stuart | Yerburgh, Robert Armstrong | Sir Alexander Acland-Hood |
| Wrightson, Sir Thomas | Young, Samuel | and Mr. Ailwyn Fellowes. |
| Wyndham, Rt. Hon. George | Younger, William |
said the object of his Amendment was to give quarter sessions the option of remaining outside the scope of the Act altogether, and that was a totally different question to the one which had just been decided. His proposal would enable quarter sessions, in cases where they considered it desirable, to wait in order that they might see how the Act operated in other counties. They all knew that at the commencement of an Act of this kind administrative mistakes were constantly made, and the various authorities gained by each other's experience. He thought it was desirable that there should be a certain amount of local option. Some countries were much more highly licensed than others, and some had not such a large proportion of licences. What they were doing by this Bill was to absolutely close every possible door by which any sort of different administration could be carried out as an experiment in different districts in the future. Surely the experience of their Colonies, and of Norway, Sweden, and the United States, supplied them with a sufficient number of precedents to work upon. They were by this measure making any sort of licensing reforms impossible except upon the lines suggested by this Bill. He particularly asked that in the Welsh counties they should have in the future some chance of settling this question in their own way, and on their own lines. If Courts of quarter sessions in Wales, knowing the feelings of the Welsh people, should decide that it would be better to defer putting the Act into operation in order to see whether some better method could be found, which would promote temperance reform, he suggested that some liberty should be given to those Courts to adopt that course. The fact that there was no time limit in the Bill made an Amendment of this kind all the more necessary. Had there been a time limit they might have looked forward to some change of a beneficial character not altogether upon the lines of this Bill. He urged that the Government should give some measure of local option to the counties in-order that some of the counties might keep outside the sphere of this Bill, and thus give Parliament an opportunity of perhaps settling the question in a different way in the future. For the reasons he had given he hoped the Government would see their way to accept the Amendment he had proposed.
Amendment proposed—
"In page 1, line 9, after the word 'shall,' to insert the words, 'when quarter sessions so determine.'"—(Mr. J. H. Lewis.)
Question proposed, "That those words be there inserted."
*
said the object of the hon. Member's Amendment was to wait to see how the Bill operated in neighbouring counties; and he also desired that there should be a general local option in regard to the Act altogether. The Government thought the Bill was for the general benefit of the public and he saw no reason why the principle laid down should not apply all round. On these grounds he could not agree to the Amendment.
said that after his experience on the Licensing Bench he was quite certain that justices would object to the alteration proposed in the Bill. It would be entirely against the public interest and there would be considerable feeling on the part of many licensing justices against putting the Bill in operation. They should have the option as the Amendment proposed to remain on their present footing and not adopt the Bill. The Home Secretary has stated that the Bill was one to reduce licences and that that was a good thing. He admitted that was a good thing, but it certainly was not a more important section of licensing reform than some others. There were half-a-dozen objects of even greater importance than the mere reduction of licences, and, keen as he was himself for restricting the excessive use of liquor, he was certain that this was not a Bill which should be put in operation by a Bench that had the power of effecting reforms in the liquor traffic in other ways. This was a vicious Bill and the local justices should have the power of not adopting it.
said it was only fair that the opinion of the local justices should receive some attention in regard to a Bill of this sort, which they had to administer. The spirit of local option which the Amendment proposed to introduce into the Bill already obtained in regard to the Education Act. It was a spirit which had been found on the whole to make Acts of Parliament work fairly. Whether this Bill was good or bad was outside the question now before the Committee. The magistrate who disapproved of the measure would always be loth to administer it. Yet as a matter of fact Licensing Benches would have, after all, to put the Act into operation. That being so, some power of discrimination in this matter should be left to the licensing justices. Quarter sessions were supposed to know the conditions of a whole county over which they administered justice, and on the whole it was a fair contention that, knowing those conditions, they would he in a better position than the House to apply the Bill. For this reason the elasticity provided for by the Amendment should be put into the Bill.
regretted that the Government could not see their way to make a concession on this point, and all the more so because some of the counties were so extremely large that quarter sessions might reasonably consider that they could not take over the powers of the local justices which were given to them by this Bill, and that they would prefer to see how the experiment worked in other parts of the country. In his own county it was variously estimated that it would take between eighty and 100 years to get the number of licences down to the same level as in the adjoining county of Merioneth. In the course of the debate it had been mentioned that the average cost of a licence would be £800. He believed that was the figure given officially in a pamphlet written on behalf of the trade. Quarter sessions might reasonably flay: "We will see whether some better means of reducing licences cannot be got than this, and in the meantime we will collect experience from all parts of the country." If the right hon. Gentleman would not accept the Amendment he would be bound to press it to a division.
said he believed it was desirable that local justices should have the option, in connection with this Bill, of waiting to get some experience before adopting it. He regretted that the Government had not accepted the Amendment. It appeared to him that the Government were not only determined to make no concessions whatever, but that this Bill was to be put through by sheer force, and that the smallest attempts on the Opposition side of the House to minimise its drastic effects were to be absolutely ignored. He hoped that some concessions which would be likely to make the Bill workable would be granted. Surely the local justices were the best able to judge whether the Bill should be put in operation or not. But it appeared to him no discretion was to be given, even to the Courts of quarter sessions, and that they must adopt and carry out the Bill at all hazards.
said his hon. friend was quite correct in appealing to the analogy of the Education Bill. The great mistake which was made in connection with the Education Bill, and which was having a disastrous effect all over the country at the present moment, was that the areas were too big for any single body to deal with. The Government had already acknowledged their mistake in that respect by adopting smaller areas under the Scotch Education Bill. In the Bill now before the Committee they proposed to have a body which would rest on the advice of officials. The Amendment proposed that power should be left to quarter sessions to divide their administrative areas into districts, and to delegate their duties in that way.
said that, after all, they wanted to give local authorities some option as to what they should do, as they knew what they were fitted for. A protest was made in Devonshire against being saddled with the duties of the Education Act, and now the cost of administration had gone up enormously without any increased efficiency. Who was to pay for the increased staff consequent on the Licensing Bill? He was certain the ratepayers in his county would strongly object. The Government thought the county was a sort of divine area. A county could do no wrong, but anything less than a county area was hopeless. If a county was fitted to carry out the duties surely it was fitted to know whether it should carry them out or not. These were entirely novel proposals and he would ask the Government to give some elasticity to county bodies as to what they should put in force. Owing to the drastic proposals of the Government he did not know what this Bill really proposed to do. Supposing the county justices did not put the Bill in force, were there any compulsory powers provided to compel them to put it in force? He might be told that that
AYES.
| ||
| Ainsworth, John Stirling | Gladstone, Rt. Hn. Herbert John | Perks, Robert William |
| Allen, Charles P. | Goddard, Daniel Ford | Philipps, John Wynford |
| Asquith, Rt. Hn. Herbert Henry | Grey, Rt. Hon. Sir E. (Berwick) | Price, Robert John |
| Barlow, John Emmott | Griffith, Ellis J. | Reddy, M. |
| Bayley, Thomas (Derbyshire) | Hain, Edward | Reid, Sir R. Threshie (Dumfries |
| Beaumont, Wentworth C. B. | Haldane, Rt. Hon. Richard B. | Rigg, Richard |
| Benn, John Williams | Harcourt, Rt Hn Sir W (Monm'th | Robertson, Edmund (Dundee) |
| Boland, John | Hayter, Rt. Hon. Sir Arthur D. | Roche, John |
| Bryce, Rt. Hon. James | Hemphill, Rt. Hon. Charles H. | Russell, T. W. |
| Burt, Thomas | Henderson Arthur (Durham) | Samuel, S. M. (Whitechapel) |
| Buxton, Sydney Charles | Higham, John Sharpe | Schwann, Charles E. |
| Caldwell, James | Hobhouse, C. E. H. (Bristol, E.) | Shackleton, David James |
| Campbell-Bannerman, Sir H. | Hutchinson, Dr. Charles Fredk. | Shaw, Charles Edw. (Stafford) |
| Cawley, Frederick | Hutton, Alfred E. (Morley) | Shaw, Thomas (Hawick, B.) |
| Channing, Francis Allston | Jacoby, James Alfred | Shipman, Dr. John G. |
| Condon, Thomas Joseph | Jones, William (Carnarvonshire) | Sinclair, John (Forfarshire) |
| Corbett, A. Cameron (Glasgow) | Jordan, Jeremiah | Sloan, Thomas Henry |
| Craig, Robert Hunter (Lanark) | Joyce, Michael | Soames. Arthur Wellesley |
| Cremer, William Randal | Kitson, Sir James | Stanhope, Hon. Philip James |
| Cross, Alexander (Glasgow) | Lambert, George | Strachey, Sir Edward |
| Davies, Alfred (Carmarthen) | Langley, Batty | Sullivan, Donal |
| Davies, M. Vaughan (Cardigan) | Law, Hugh Alex. (Donegal, W.) | Thomas, Sir A. (Glamorgan, E.). |
| Delany, William | Leigh, Sir Joseph | Thomas, David Alfred (Merthyr) |
| Devlin, Charles Ramsay (Galway | Levy, Maurice | Thomas J A (Glamorgan Gower) |
| Dilke, Rt. Hon. Sir Charles | Lundon, W. | Ure, Alexander |
| Dobbie, Joseph | Macnamara, Dr. Thomas J. | Wallace, Robert |
| Dunn, Sir William | MacNeill, John Gordon Swift | Wason, Eugene (Clackmannan) |
| Elibank, Master of | MacVeagh, Jeremiah | Wason, John Cathcart (Orkney |
| Emmott, Alfred | M'Arthur, William (Cornwall) | White, Luke (York, E.R.) |
| Esmonde, Sir Thomas | M'Laren, Sir Charles Benjamin | Whitley, J. H. (Halifax) |
| Evans, Sir Francis H (Maidstone | Mappin, Sit Frederick Thorpe | Williams, Osmond (Merioneth |
| Eve, Harry Trelawney | Markham, Arthur Basil | Wilson, Charles Henry (Hull, W.) |
| Fenwick, Charles | Mitchell, Edw. (Fermanagh, N.) | Wilson, Fred. W. (Norfolk, Mid) |
| Ferguson, R. C. Munro (Leith) | Murphy, John | Wilson, John (Falkirk) |
| Fitzmaurice, Lord Edmond | Newnes, Sir George | Wood, James |
| Flavin, Michael Joseph | O'Brien, Kendal (Tipperary Mid) | Woodhouse, Sir J.T. (Hudd'rsf'd |
| Foster, Sir Walter (Derby Co.) | O'Donnell, T. (Kerry, W.) | |
| Fowler, Rt. Hon. Sir Henry | O'Shaughnessy, P. J. | TELLERS FOR THE AYES—Mr. |
| Fuller, J. M. F. | Parrott, William | Herbert Lewis and Mr. |
| Furness, Sir Christopher | Partington, Oswald | John Johnson. |
question would arise later on, but it might be wiped out by closure by compartments. The Amendment of his hon. friend was perfectly conciliatory, and if the Government were not proof against accepting any suggestion for the improvements of the Bill, which he was afraid they were, he hoped they would give a favourable ear to his hon. friend's proposal. If not, it would only be another case of the extravagant inefficiency caused by this scheme of the Government, which meant something like centralisation gone mad. If they were met with a blank refusal by the Government they could, of course, only support their opinion in the Division Lobby.
Question put.
The Committee divided:—Ayes, 116; Noes, 271. (Division List No. 204.)
NOES.
| ||
| Agg-Gardner, James Tynte | Doxford, Sir William Theodore | Knowles, Sir Lees |
| Agnew, Sir Andrew Noel | Duke, Henry Edward | Laurie, Lieut.-General |
| Aird, Sir John | Durning-Lawrence, Sir Edwin | Law, Andrew Bonar (Glasgow |
| Anson, Sir William Reynell | Dyke, Rt. Hn. Sir William Hart | Lawson, J. Grant (Yorks. N.R. |
| Arrol, Sir William | Egerton, Hon. A. de Tatton | Lee, Arthur H. (Hants., Fareh'm |
| Atkinson, Rt. Hon. John | Elliot, Hon. A. Ralph Douglas | Legge, Col. Hon. Heneage |
| Aubrey-Fletcher, Rt. Hn. Sir H | Faber, Edmund B. (Hants, W. | Llewellyn, Evan Henry |
| Austin, Sir John | Fergusson, Rt. Hn Sir J. (Manc'r | Loder, Gerald Walter Erskine |
| Bailey, James (Walworth) | Fielden, Edward Brocklehurst | Long, Col. Chas. W. (Evesham |
| Bain, Colonel James Robert | Finch, Rt. Hon. George H. | Long, Rt. Hn. Walter (Bristol, S |
| Baird, John George Alexander | Finlay, Sir Robert Bannatyne | Lonsdale, John Brownlee |
| Balcarres, Lord | Fisher, William Hayes | Lowe, Francis William |
| Balfour, Rt. Hn. A. J. (Manch'r) | Fison, Frederick William | Lowther, C. (Cumb. Eskdale) |
| Balfour, Rt. Hn. Gerald W. (Leeds | FitzGerald, Sir Bobert Penrose- | Loyd, Archie Kirkman |
| Banbury, Sir Frederick George | Fitzroy, Hn. Edward Algernon | Lucas, Reginald J. (Portsmouth |
| Barry, Sir Francis T. (Windsor) | Flannery, Sir Fortescue | Lyttelton, Rt. Hon. Alfred |
| Bathurst, Hon. Allen Benjamin | Flower, Sir Ernest | Macdona, John dimming |
| Bhownaggree, Sir M. M. | Forster, Henry William | MacIver, David (Liverpool) |
| Bignold, Arthur | Foster, Philip S. (Warwick, S. W | Maconochie, A. W. |
| Bill, Charles | Galloway, William Johnson | M'Fadden, Edward |
| Blundell, Colonel Henry. | Gardner, Ernest | M'Iver, Sir Lewis (Edinburgh) |
| Bond, Edward | Garfit, William | M'Killop, James (Stirlingshire |
| Boscawen, Arthur Griffith- | Gibbs, Hon. A. G. H. | Majendie, James A. H. |
| Bousfield, William Robert | Gordon, Hn. J.E. (Elgin & Nairn | Manners, Lord Cecil |
| Bowles, T. Gibson (King's Lynn) | Gordon, Maj. Evans (T'r H'mlets | Martin, Richard Biddulph |
| Brodrick, Rt. Hon. St. John | Gorst, Rt. Hn. Sir John Eldon | Massey-Mainwaring, Hn. W. F. |
| Brotherton, Edward Allen | Goschen, Hon. George Joachim | Maxwell, Rt. Hn Sir H.E. (Wig'tn |
| Brown, Sir Alex. H. (Shropsh.) | Goulding, Edward Alfred | Maxwell, W. J. H. (Dumfriessh. |
| Bull, William James | Graham, Henry Robert | Melville, Beresford Valentine |
| Burdett-Coutts, W. | Greene, Henry D. (Shrewsbury | Meysey-Thompson, Sir H. M. |
| Butcher, John George | Greene, W. Raymond (Cambs.) | Mildmay, Francis Bingham |
| Campbell, Rt. Hn. J.A. (Glasgow) | Grenfell, William Henry | Milvain, Thomas |
| Carson, R. Hon. Sir Edw. H. | Gretton, John | Montagu, G. (Huntingdon) |
| Cautley, Henry Strother | Greville, Hon. Ronald | Moon, Edward Robert Pacy |
| Cavendish, V.C.W. (Derbyshire) | Groves, James Grimble | Moore, William |
| Cayzer, Sir Charles William | Gunter, Sir Robert | Morgan, David J. (Walth'stow |
| Cecil, Evelyn (Aston Manor) | Hall, Edward Marshall | Morpeth, Viscount |
| Cecil, Lord Hugh (Greenwich) | Halsey, Rt. Hon. Thomas F. | Morrell, George Herbert |
| Chamberlain, Rt. Hn J.A. (Worc. | Hambro, Charles Eric | Morrison, James Archibald |
| Chamberlayne, T. (S'thampton) | Hamilton, Marq. of (L'donderry | Morton, Arthur H. Aylmer |
| Chapman, Edward | Hardy, Laurence (Kent, Ashf'd | Mount, William Arthur |
| Charrington, Spencer | Hare, Thomas Leigh | Murray, Rt. Hn. A. Graham (Bute |
| Clare, Octavius Leigh | Harris, F. Leverton (Tynem'th | Murray, Chas. J. (Coventry) |
| Clive, Captain Percy A. | Harris, Dr. Fredk. R. (Dulwich | Murray, Col. Wyndham (Bath |
| Coates, Edward Feetham | Hay, Hon. Claude George | Myers, William Henry |
| Cochrane, Hon. Thos. H. A. E. | Heath, James (Staffords., N.W. | Newdegate, Francis A. N. |
| Coddington, Sir William | Heaton, John Henniker | Nolan, Col. John P. (Galway, N. |
| Coghill, Douglas Harry | Helder, Augustus | O'Brien, Patrick (Kilkenny) |
| Cohen, Benjamin Louis | Henderson, Sir A. (Stafford, W. | Palmer, Walter (Salisbury) |
| Colomb, Rt. Hn. Sir John C. R. | Hickman, Sir Alfred | Peel, Hn. Wm. Robert Wellesley |
| Colston, Chas. Edw. H. (Athole.) | Hoare, Sir Samuel | Percy, Earl |
| Cox, Irwin Edw. Bainbridge | Hobhouse, Rt. Hn. H (Somers't, E | Pilkington, Colonel Richard |
| Craig, Chas. Curtis (Antrim, S.) | Hogg, Lindsay | Platt-Higgins, Frederick |
| Crean, Eugene | Hope, J. F. (Sheffield, Brightside | Plummer, Walter R. |
| Cripps, Charles Alfred | Horner, Frederick William | Powell, Sir Francis Sharp |
| Cross, Herb. Shepherd (Bolton) | Houldsworth, Sir Wm. Henry | Pretyman, Ernest George |
| Crossley, Rt. Hon. Sir Savile | Hoult, Joseph | Pryce-Jones, Lt.-Col. Edward |
| Dalkeith, Earl of | Houston, Robert Paterson | Purvis, Robert |
| Dalrymple, Sir Charles | Howard, J. (Midd., Tottenham | Pym, C. Guy |
| Davenport, William Bromley- | Hozier, Hn. James Henry Cecil | Rankin, Sir James |
| Davies, Sir Horatio D. (Chatham | Hudson, George Bickersteth | Ratcliff, R. F. |
| Denny, Colonel | Jebb, Sir Richard Claverhouse | Reid, James (Greenock) |
| Dickinson, Robert Edmond | Jeffreys, Rt. Hn. Arthur Fred. | Remnant, James Farquharson |
| Dickson, Charles Scott | Jessel, Captain Herbert Merton | Renshaw, Sir Charles Bine |
| Dimsdale, Rt. Hn. Sir Joseph C. | Johnstone, Heywood (Sussex) | Renwick, George |
| Disraeli, Coningsby Ralph | kennaway, Rt. Hn. Sir John H. | Richards, Henry Charles |
| Dixon-Hartland, Sir Fred Dixon | Kenyon, Hn. Geo. T. (Denbigh | Ridley, S. Forde (Bethnal Green |
| Doogan, P. C. | kenyon-Slaney, Col. W. (Salop | Ritchie, Rt. Hn. Chas. Thomson |
| Dorington, Rt. Hn. Sir John E. | Kerr, John | Roberts, Samuel Sheffield |
| Doughty, George | kimber, Henry | Robertson, Herbert (Hackney) |
| Douglas, Rt. Hon. A. Akers | king, Sir Henry Seymour | Robinson, Brooke |
| Rolleston, Sir John F. L. | Stewart, Sir Mark J. M'Taggart | Welby, Sir Charles G. G. (Notts. |
| Rollit, Sir Albert Kaye | Stirling-Maxwell, Sir John M. | Wharton, Rt. Hon. John Lloyd |
| Ropner, Colonel Sir Robert | Stock, James Henry | Whiteley, H. (Ashton und. Lyne |
| Round, Rt. Hon. James | Stone, Sir Benjamin | Whitmore, Charles Algernon |
| Rutherford, John (Lancashire) | Stroyan, John | Williams, Colonel B. (Dorset) |
| Rutherford, W. W. (Liverpool) | Strutt, Hon. Charles Hedley | Willoughby de Eresby, Lord |
| Sadler, Col. Samuel Alexander | Talbot, Lord E. (Chichester) | Wilson-Todd, Sir W.H. (Yorks.) |
| Samuel, Sir Harry S(Limehouse | Talbot, Rt. Hn. J.G. (Oxf'd Univ. | Wolff, Gustav Wilhelm |
| Sassoon, Sir Edward Albert | Taylor, Austin (East Toxteth) | Worsley-Taylor, Henry Wilson |
| Scott, Sir S. (Marylebone, W.) | Thorburn, Sir Walter | Wortley, Rt. Hon. C. B. Stuart |
| Seely, Charles Hilton (Lincoln) | Tollemache, Henry James | Wrightson, Sir Thomas |
| Seton-Karr, Sir Henry | Tomlinson, Sir Wm. Edw. M. | Wyndham, Rt. Hon. George |
| Sharpe, William Edward T. | Tritton, Charles Ernest | Wyndham-Quin, Col. W. H. |
| Sheehan, Daniel Daniel | Tuff, Charles | Yerburgh, Robert Armstrong |
| Simeon, Sir Barrington | Tufnell, Lieut.-Col. Edward | Young, Samuel |
| Smith, H.C. (North'mb. Tyneside | Valentia, Viscount | Younger, William |
| Smith, James Parker(Lanarks. | Vincent, Col. Sir C.E.H. ( Sheffield | |
| Spear, John Ward | Walker, Col. William Hall | TELLERS FOR THE NOES—Sir |
| Stanley, Hon. Arthur (Ormskirk | Warde, Colonel C. E. | Alexander Acland-Hood and |
| Stanley, Edward Jas. (Somerset | Webb, Colonel William George | Mr. Ailwyn Fellowes. |
| Stanley, Rt. Hon. Lord (Lancs. | Welby, Lt.-Col. A.C.E (Taunton |
said that the object of his Amendment was to secure that there should be some provision for a systematic report and inquiry by the justices in each licensing district as regarded public-houses for the guidance of quarter sessions. The consequential part of the Amendment appeared on page twenty-eight of the Amendment Paper. He considered that under the scheme of the Bill it was necessary to transfer those powers from the licensing justices to the quarter sessions; but they should be careful, in doing that, not to unnecessarily weaken the power of the licensing justices. There was no new duty imposed under this Bill on the licensing justices to take any survey of the public-houses in their district and to decide which of them ought to be shut up and which ought to be continued. The great object of this Bill, as they were constantly informed by the Government, was to make a large reduction in the number of public-houses; and it was because of that consideration that many of them voted for the Second Reading. But, unless there was some further provision, that would not be done in all cases. In saying that he did not wish to cast any slur on quarter sessions, of the honour of which the Solicitor-General was so justly jealous. He had no doubt they would do their duty; but that duty would be to deal from time to time with the individual cases referred to them. Quarter sessions would have no initiative; and he contended that the only way in which quarter sessions could get a comprehen- sive view of the conditions, and exercise any intelligent discrimination as to what public-houses should be shut, was to provide within the lour corners of the Bill for a proper and systematic inquiry by the justices in every licensing district, who were the people best acquainted with the facts. It was most important that quarter sessions before they proceeded to administer the compensation fund should have a comprehensive report such as he proposed. Otherwise, there would be certain to be great irregularity, which would be undesirable. There ought to be a proper and systematic report. He had an Amendment further on to provide that the justices of every licensing district should, at their general licensing sessions, or an adjournment thereof, to be held in the year 1905, and in every third subsequent year, inquire into the needs of their district and the number and character of the licensed houses therein, and should make a report to quarter sessions stating the particular on-licences (if any) which in their opinion ought not to be renewed, and any circumstances affecting such licences or the holder thereof which might he material to the renewal or to the value of such licences. If that could be secured, then, and only then, would quarter sessions be able to take a comprehensive view of their duties and decide what was best in the interests of temperance. He did not insist on the exact words of the Amendment; but he hoped the Government would insert an Amendment to carry out his object.
Amendment proposed—
"In page 1, line 9, after the word 'shall' to insert the words 'subject to the provisions of this section for inquiry and report by licensing justices.'"—(Mr. Henry Hobhouse.)
Question proposed, "That those words be there inserted."
said that any Amendment moved by his right hon. friend would naturally receive the fullest consideration from the Government. He was not sure, however, that he quite understood the Amendment except in a general way. He understood it to mean that quarter sessions should every three years take a full survey of the whole situation. What was to follow? If they had to wait until this survey was made every three years in order to see what action should be taken, this would mean a revolution in the present annual system. At present there was annual revision, which, he submitted, was a much better system, for it enabled the licensing authorities to carry out the wishes of the justices in each district as far as they were agreed. He could not see, therefore, what was to be gained by changing the system. The Amendment gave quarter sessions powers of initiation which they did not now possess, and he thought that the annual revision was preferable. The point he did not understand was what action would be taken in the interval between the triennial periods.
said that there was nothing in his Amendment to prevent a report in any year.
said it would be open to the justices to take a survey at any period, and report to quarter sessions. He did not really think anything would be gained by the Amendment. They did not intend to interfere with the licensing justices further than was necessitated by the principles of compensation. It would be impossible, without changing the whole licensing law, to take away the annual revision; and there would be no difficulty in the licensing justices surveying their districts and reporting to quarter sessions. He had not the least objection to confer with the right hon. Gentleman. This was a matter which did not go to the principle of the Bill and he would have pleasure in meeting his hon. friend, if he could, by drafting an Amendment which would carry out the object he desired. He might say that there was a similar Amendment further down on the Paper in the name of the right hon. Gentleman the Member for Ripon, which he was prepared to accept, which had in view that the progress of quarter sessions should be steadily kept under review. That seemed to him to be an important Amendment, keeping strictly in view what was being done, and an Amendment which he was prepared to accept. So far as the wording of this Amendment was concerned, while he did not say an Amendment of this character ought not to be accepted, it gave greater power of control to quarter sessions, and that being so he could not accept it.
said, though they were grateful to the Solicitor-General for what he had said, that he could not help thinking the hon. and learned Gentleman had not entirely apprehended what this Amendment sought to do. The underlying idea was to obtain a triennial or annual review, of the licences of each district. He agreed that it should be an annual review but that was a detail which did not go to the basis of the Amendment. In order that the county authority should do its best and make the best of the compensation fund, it would be necessary to work on what might be called a county scheme. They had to see what had to be done in the county area in order to see how the fund could be worked to the best advantage, and how could a county scheme be arrived at without making the county authority the initiating authority for this reform? What his right hon. friend proposed by his Amendment was not to interfere with the main principle but to so modify it as to obtain the knowledge of the local authority, so as to enable the county authority to use the compensation fund to the best advantage, and he proposed to do so by asking the local Bench of each district to send are port to the county authority of the needs of the district. If that were done the county authority would be able to get out a good county scheme because they would have the local knowledge which every one desired they should have. Instead of having to rely on a chance objection made by an individual they would be able to ask each particular bench of magistrates to draw out the scheme which they thought best for administering the Bill in their own particular district. When the local justices had done that the county authority could act on the full information coming from these local authorities and the fund would be allocated to its true purpose. He asked the Solicitor-General, therefore, to say that, if a scheme could be evolved which would at once preserve the power of the licensing magistrates of the district and at the same time ensure that the quarter sessions had proper information to deal with the fund in the best possible manner under a county scheme, an Amendment should be introduced to bring together those two desirable objects. Every one interested in this licensing question would agree that this would be a great administrative reform and that it would enable this Bill to be carried out in a broad and at the same time a most economical manner. On these grounds he supported the Amendment.
*
said he hoped the Solicitor-General would introduce some words into the Bill to give effect to the principle of the Amendment of his right hon. friend. The Bill as it stood was incomplete without the acceptance of some such Amendment as that. The Solicitor-General had assumed that there was at the licensing sessions at the present time a review of licences with a view of ascertaining where licences were redundant.
I say they have the power.
*
said he had no doubt of that, but what he desired was that they should not only have the power, but that they should also be reminded of their duty. If words were not put in to impress upon the justices the necessity of considering whether there were, or were not, redundant licences in their district, this Bill would fail in its object. All that was desired by the hon. Member for East Somersetshire was that some words should be introduced which would make it the duty of the licensing justices, either annually or at some other period of time, to consider whether there were in the district redundant licences and what ought to be done with those licences The concession which the Government had made with regard to the imposition upon quarter sessions of the duty of reporting to the Home Secretary was the strongest possible argument in favour of putting upon the licensing justices the duty of reporting to the quarter sessions.
*
said he desired to support the Amendment, but from a different point of view from that of the mover of it. What he hoped would result from this discussion was that that stimulus would be applied to the local justices which, notwithstanding what had been said as to their extreme energy, was requisite looking to the infirmities of human nature. As the general desire was to remove all redundant licences it must be made not only permissible for the local justices to remove them, but a stimulus must be applied to ensure that they should do so. It was for the reason that he desired to see the stimulus applied that he supported the Amendment.
asked whether, in view of the strong feeling on the Government side of the House that something in the direction of the Amendment should be carried out, the Solicitor-General would undertake to introduce a clause. If the matter were postponed to the Report stage, there might, in consequence of the arrangement of new clauses, be some difficulty.
was not sure that he yet understood the object of the Amendment. It appeared to be an attempt to enlarge the power of quarter sessions. Under the Bill the licensing justices were the persons to select the houses to be sent up to quarter sessions. They were bound to do that each year.
pointed out that there was no obligation in the Bill.
said that neither was there any obligation upon the licensing justices now. This was a new complaint. Hitherto the point he had had to meet was that the Government were taking away powers of the licensing justices, but the case here was different. If the selection was left to the licensing justices, how, by sending up a report to quarter sessions, could they effect anything unless the initiation was left to quarter sessions? He did not think the Amendment was necessary, but if the object was to make it clear that it was for brewster sessions to select the cases and for quarter sessions to say whether they agreed or disagreed, he was quite willing to try to meet that view. Under the Bill quarter sessions would have a report from, and a consultation with, the licensing justices, and he failed to see what further assistance in coming to a conclusion would be given by the Amendment. There was also the question of expense. If each year the licensing justices were to send up a report, not merely of the houses which they suggested should be taken away in that year, but of all redundant houses, leaving it to quarter sessions to make a selection, not only would that be a greater infringement upon the rights of the licensing justices than the Bill now made, but it would be necessary for every person interested in each one of those houses to appear annually before quarter sessions, although probably less than one-tenth of the houses would be dealt with in any particular year. That would be almost a prohibitive matter from the point of view of expense. If it was thought to be any advantage that the local magistrates should make the same annual report to the Home Office, and that that Department should distribute it to quarter sessions, he was willing to include that in the Amendment he had promised.
said he was afraid that would not meet the case. His object was that quarter sessions should have from each district not only a report as to the particular houses which were proper subjects for immediate action, but full information as to the other houses which it would be advisable to get rid of in the future, so that they should not dissipate all their money at once. He was sure that was an object which the Government could secure if they liked. This subject would not be discussed on Report owing to the very stringent rules which had been laid down, and he was very much afraid that a mere conference would not produce that effect which would cause the suggestion to be accepted.
*
said that after hearing what the Solicitor-General had said he was thoroughly satisfied. He was of opinion that these powers which the justices had possessed had not always been operative forces in the country, and he thought it would require a considerable amount of pressure on the local justices to make sure that they would put this provision into operation. The Solicitor-General had promised to provide that it should be the duty of the licensing justices to report to the Home Office what they had done under the Act, and probably that would give that stimulus to putting the Act into operation which he desired.
said he did not know whether his right hon. and learned friend appreciated the fact that this Bill gave no stimulus whatever to the licensing justices to take a survey of the needs of the district every year. Clause 2 provided that the licensing justices were to report on the question of the renewal of any particular on-licences. A concrete illustration of what had happened in Liverpool was valuable as a forecast of what was likely to happen under this Bill. In Liverpool they took a number of areas where the property had been demolished, and year by year they considered the redundancy of licences in those areas. After extinguishing a number of licences in any particular area they did not trouble that district again for some time, and possibly would not touch any more licences in that district for many years. That was a illustration of how this Bill ought to work if any good was really going to be done. His hon. friend had stated that in the past some benches of magistrates had been too active while others had not been active enough. What he desired was to give the necessary stimulus to the licensing justices to bring their efforts up to the requirements of temperance reform by directing them to take a survey of the whole needs of the area.
AYES.
| ||
| Abraham, William (Cork, K.E.) | Grant, Corrie | Paulton, James Mellor |
| Allen, Charles P. | Grey, Rt. Hon. Sir E. (Berwiek) | Peel, Hn. Wm. Robert Wellesley |
| Ashton, Thomas Gair | Griffith, Ellis J. | Perks, Robert William |
| Asquith, Rt. Hn. Herbert Henry | Guest, Hon. Ivor Churchill | Philipps, John Wynford |
| Atherley-Jones, L. | Gurdon, Sir W. Brampton | Price, Robert John |
| Barlow, John Emmott | Hain, Edward | Rea, Russell |
| Barran, Rowland Hirst | Haldane, Rt. Hon. Richard B. | Reckitt, Harold James |
| Bayley, Thomas (Derbyshire) | Harcourt, Lewis V. (Rossendale) | Reddy, M. |
| Beaumont, Wentworth C. B | Harcourt, Rt. Hn Sir W(Monm't) | Reid, Sir R. Threshie (Dumfries |
| Bell, Richard | Harwood, George | Rickett, J. Compton |
| Benn, John Williams | Hayter, Rt. Hon. Sir Arthur D. | Roberts, John Bryn (Eifion) |
| Bill, Charles | Hemphill, Rt. Hon. Charles H. | Roberts, John H. (Denbighs.) |
| Black, Alexander William | Henderson, Arthur (Durham) | Robertson, Edmund (Dundee) |
| Roland, John | Higham, John Sharpe | Roche, John |
| Bolton, Thomas Dolling | Hobhouse, C. E. H. (Bristol, E.) | Rollit, Sir Albert Kaye |
| Brigg, John | Hope, John Deans (Fife, West) | Rose, Charles Day |
| Broadhurst, Henry | Horniman, Frederick John | Runciman, Walter |
| Brown, George M. (Edinburgh) | Houldsworth, Sir Wm. Henry | Samuel, S. M. (Whitechapel) |
| Brunner, Sir John Tomlinson | Hutchinson, Dr. Charles Fredk | Seely, Charles Hilton (Lincoln) |
| Buchanan, Thomas Ryburn | Hutton, Alfred E. (Morley) | Shackleton, Davin James |
| Burt, Thomas | Jacoby, James Alfred | Shaw, Charles Edw. (Stafford) |
| Buxton, Sydney Charles | Johnson, John (Gateshead) | Shaw, Thomas (Hawick B.) |
| Caldwell, James | Joicey, Sir James | Shipman, Dr. John G. |
| Campbell-Bannerman, Sir H | Jones, David Brynmor (Swansea) | Sinclair, John (Forfarshire) |
| Cawley, Frederick | Jones, William (Carnarvonshire | Slack, John Bamford |
| Channing, Francis Allston | Jordan, Jeremiah | Sloan, Thomas Henry |
| Cohen, Benjamin Louis | Joyce, Michael | Smith, H C (North'mb. Tyneside |
| Condon, Thomas Joseph | Kitson, Sir James | Smith, Samuel (Flint) |
| Corbett, A. Cameron (Glasgow | Lambert, George | Soames, Arthur Wellesley |
| Craig Robert Hunter (Lanark) | Langley, Batty | Spear, John Ward |
| Cremer, William Randal | Lawson, Sir Wilfrid (Cornwall) | Stanhope, Hon. Philip James |
| Crombie, John William | Layland-Barratt, Francis | Stirling-Maxwell, Sir John M. |
| Crooks, William | Leese, Sir Jos. F. (Accrington) | Strachey, Sir Edward |
| Cross, Alexander (Glasgow) | Leng, Sir John | Sullivan, Donal |
| Cullinan, J. | Levy, Maurice | Taylor, Theodore C. (Radcliffe) |
| Dalziel, James Henry | Lewis, John Herbert | Thomas, Sir A. (Glamorgan, E.) |
| Davies, Alfred (Carmarthen) | Lloyd-George, David | Thomas, David Alfred(Merthyr |
| Davies, M. Vaughan- (Cardigan) | Lough, Thomas | Thomas, J A (Glamorgan, Gower |
| Delany, William | Lundon, W. | Tomkinson, James |
| Dilke, Rt. Hon. Sir Charles | Lyell, Charles Henry | Toulmin, George |
| Dobbie, Joseph | Macnamara, Dr. Thomas J. | Trevelyan, Charles Philips |
| Douglas, Charles M. (Lanark) | MacNeill, John Gordon Swift | Tritton, Charles Ernest |
| Duncan, J. Hastings | MacVeagh, Jeremiah | Ure, Alexander |
| Dunn, Sir William | M'Arthur, William (Cornwall) | Wallace, Robert |
| Edwards, Frank | M'Crae, George | Walton, John Lawson(Leeds, S.) |
| Elibank, Master of | M'Kenna, Reginald | Walton, Joseph (Barnsley) |
| Ellice, Capt, E.C. (SAndrw's Bghs | M'Laren, Sir Charles Benjamin | Wason, Eugene (Clackmannan |
| Elliot, Hon. A. Ralph Douglas | Mansfield, Horace Rendall | Wason, J. Cathcart (Orkney) |
| Ellis, John Edward (Notts.) | Mappin, Sir Frederick Thorpe | Welby, Sir Charles G.E. (Notts.) |
| Emmott, Alfred | Markham, Arthur Basil | White, George (Norfolk) |
| Esmonde, Sir Thomas | Maxwell, W. J. H. (Dumfriessh) | White, Luke (York, E. R.) |
| Evans, Sir Fran. H. (Maidstone | Morgan, J. Lloyd (Carmarthen) | Whitley, J. H. (Halifax) |
| Evans, Samuel T. (Glamorgan | Morpeth, Viscount | Whittaker, Thomas Palmer |
| Eve, Harry Trelawney | Moss, Samuel | Williams, Osmond (Merioneth) |
| Fenwick, Charles | Moulton, John Fletcher | Wilson, Chas. Henry (Hull, W.) |
| Ferguson, R. C. Munro (Leith) | Murphy, John | Wilson, Fred. W. (Norfolk, Mid.) |
| Fielden, Edward Brocklehurst | Newnes, Sir George | Wilson, Henry J. (York, W.R.) |
| Fitzmaurice, Lord Edmond | Nussey, Thomas Willans | Wilson, John (Falkirk) |
| Flavin, Michael Joseph | O'Brien, K. (Tipperary, Mid.) | Woodhouse, Sir J T (Huddersf'd |
| Foster, Sir Walter (Derby Co.) | O'Connor, James (Wicklow, W.) | Yoxall, James Henry |
| Fowler, Rt. Hon. Sir Henry | O'Donnell, T. (Kerry, W.) | |
| Freeman-Thomas, Captain F. | O'Kelly, Jas. (Roscommon, N.) | |
| Fuller, J. M. F. | O'Malley, William | |
| Furness, Sir Christopher | O'Shaughnessy, P. J. | TELLERS FOR THE AYES—MR. |
| Gladstone, Rt. Hn. Herbert John | Parrott, William | Henry Hobhouse and Mr. |
| Goddard, Daniel Ford | Partington, Oswald | Austin Taylor. |
Question put.
The Committee divided:—Ayes, 192; Noes, 251. (Division List No.205.)
NOES.
| ||
| Agg-Gardner, James Tynte | Durning-Lawrence, Sir Edwin | Long, Rt. Hn. Walter (Bristol S.) |
| Agnew, Sir Andrew Noel | Dyke, Rt. Hn. Sir William Hart | Lonsdale, John Brownlee |
| Aird, Sir John | Egerton, Hon. A. do Tatton | Lowe, Francis William |
| Anson, Sir William Reynell | Faber, Edmund R. (Hants, W.) | Lowther, C. (Cumb., Eskdale) |
| Arrol, Sir William | Fergusson, Rt. Hn. Sir J. (Manc'r) | Loyd, Archie Kirkman |
| Atkinson, Rt. Hon. John | Finch, Rt. Hon. George H. | Lucas, Reginald J (Portsmouth) |
| Aubrey-Fletcher, Rt. Hn. Sir H. | Finlay, Sir Robert Bannatyne | Lyttelton, Rt. Hon. Alfred |
| Austin, Sir John | Firbank, Sir Joseph Thomas | Macdona, John Gumming |
| Bailey, James (Walworth) | Fisher, William Hayes | MacIver, David- (Liverpool) |
| Bain, Colonel James Robert | Fison, Frederick William | Maconochie, A. W. |
| Baird, John George Alexander | FitzGerald, Sir Robert Penrose- | M'Fadden, Edward |
| Balcarres, Lord | Fitzroy, Hn. Edward Algernon | M'Iver, Sir Lewis ( Edinb'rgh, W.) |
| Balfour, Rt. Hn. A. J. (Manch'r) | Flannery, Sir Fortcscue | M'Killop, James (Stirlingshire) |
| Balfour, Capt. C. B. (Hornsey) | Flower, Sir Ernest | Majendie, James A. H. |
| Balfour, Rt. Hn Gerald W. (Leeds | Forster, Henry William | Malcolm, Ian |
| Balfour, Kenneth R. (Christen. | Foster, Philip S. (Warwick, S.W. | Martin, Richard Biddulph |
| Banbury, Sir Frederick George | Galloway, William Johnson | Massey-Mainwaring, Hn. W. F. |
| Barry, Sir Francis T. (Windsor) | Gardner, Ernest | Maxwell, Rt Hn Sir H.E (Wigt'n |
| Bathurst, Hon. Allen Benjamin | Garfit, William | Meysey-Thompson, Sir H. M. |
| Bhowuaggree, Sir M. M. | Gordon, Hn. J.E. (Elgin & Nairn | Mildmay, Francis Bingham |
| Bignold, Arthur | Goschen, Hon. George Joachim | Milvain, Thomas |
| Blundell, Colonel Henry | Goulding, Edward Alfred | Montagu, G. (Huntingdon) |
| Bond, Edward | Graham, Henry Robert | Montagu, Hn. J. Scott (Hants.) |
| Boscawen, Arthur Griffith- | Gray, Ernest (West Ham) | Moon, Edward Robert Pacy |
| Bousfield, William Robert | Greene, Henry D. (Shrewsbury) | Morgan, David J (Walthamstow |
| Brodrick, Rt. Hn. St. John | Greene, W. Raymond-(Cambs.) | Morrell, George Herbert |
| Brown, Sir Alex. H. (Shropsh.) | Grenfell, William Henry | Morrison, James Archibald |
| Bull, William James | Gretton, John | Morton, Arthur H. Aylmer |
| Burdett-Coutts, W. | Greville, Hon. Ronald | Mount, William Arthur |
| Butcher, John George | Groves, James Grimble | Murray, Rt Hn. A. Graham (Bute |
| Campbell. Rt. Hn. J. A. (Glasgow | Gunter, Sir Robert | Murray, Charles J. (Coventry) |
| Carlile, William Walter | Hall, Edward Marshall | Murray, Col. Wyndham (Bath) |
| Carson, Rt. Hon. Sir Edw. H. | Halsey, Rt. Hon. Thomas F. | Myers, William Henry |
| Cautley, Henry Strother | Hambro, Charles Eric | Nannetti, Joseph P. |
| Cavendish. V.C.W. (Derbyshire | Hamilton, Marq. of (L'nd'nderry | Newdegate, Francis A. N. |
| Cayzer, Sir Charles William | Hardy, Laurence (Kent, Ashford | Nolan, Col. J. P. (Galway, N.) |
| Cecil, Evelyn (Aston Manor) | Hare, Thomas Leigh | Nolan, Joseph (Louth, South) |
| Cecil, Lord Hugh (Greenwich) | Harris, F. Leverton (Tynem'th) | O'Brien, Patrick (Kilkenny) |
| Chamberlain, Rt Hn J.A. (Wore. | Harris, Dr. Fredk. R. (Dulwich) | O'Brien, P. J. (Tipperary, N.) |
| Chamberlayne, T. (S'thampton | Heath, Arthur Howard (Hanley | O'Dowd, John |
| Chaplin, Rt. Hon. Henry | Heath, James (Staffords, N.W.) | Palmer, Walter (Salisbury) |
| Chapman, Edward | Heaton, John Henniker | Pemberton, John S. G. |
| Charrington, Spencer | Hendorson, Sir A. (Stafford, W.) | Percy, Earl |
| Churchill, Winston Spencer | Hickman, Sir Alfred | Pierpoint, Robert |
| Clare, Octavius Leigh | Hoare, Sir Samuel | Pilkington, Colonel Richard. |
| Clive, Captain Percy A. | Hogg, Lindsay | Platt-Higgins, Frederick |
| Coates, Edward Feetham | Hope, J. F. (Sheffield, Brightside | Powell, Sir Francis Sharp |
| Cohrane, Hon. Thos. H.A.E. | Hoult, Joseph | Pretyman, Ernest George |
| Coddington, Sir William | Houston, Robert Paterson | Pryce-Jones, Lt.-Col. Edward |
| Coghill, Douglas Harry | Howard, J. (Kent, Faversham) | Rankin, Sir James |
| Colomb, Rt. Hon. Sir John C.R. | Howard, J. (Midd., Tottenham | Ratcliff, R. F. |
| Colston, Chas. Edw. H. Athole | Hozier, Hn. James Henry Cecil | Reid, James (Greenock) |
| Cox, Irwin Edward Bainbridge | Hudson, George Bickersteth | Remnant, James Farquharson |
| Craig, Charles Curtis (Antrim, S. | Jeffreys, Rt. Hon. Arthur Fred | Renshaw, Sir Charles Bine |
| Crean, Eugene | Jessel, Captain Herbert Merton | Renwick, George |
| Cross, Herb. Shepherd (Bolton) | Johnstone, Heywood (Sussex) | Richards, Henry Charles |
| Crossley, Rt. Hon. Sir Savile | Kenyon, Hn. Geo. T. (Denbigh) | Ridley, S. Forde (Bethnal Green |
| Dalkeith, Earl of | Kenyon-Slaney, Col. W. (Salop | Robertson, Herbert (Hackney) |
| Dalrymple, Sir Charles | Kerr, John | Robinson, Brooke |
| Davenport, William Bromley | Keswick, William | Rolleston, Sir John F. L. |
| Davies, Sir Horatio D. (Chatham | Kimber, Henry | Ropner, Colonel Sir Robert |
| Dickinson, Robert Edmond | King, Sir Henry Seymour | Round, Rt. Hon. James |
| Dickson, Charles Scott | Knowles, Sir Lees | Rutherford, John (Lancashire) |
| Dimsdale, Rt. Hon. Sir Joseph C. | Laurie, Lieut.-General | Rutherford, W. W. (Liverpool) |
| Disraeli, Coningsby Ralph | Law, Andrew Bonar (Glasgow) | Sackville, Col. S. G. Stopford- |
| Dixon-Hartland, Sir Fred Dixon | Lawson, J. Grant (Yorks. N.R. | Sadler, Col. Samuel Alexander |
| Doogan, P. C. | Lee, Arthur H. (Hants., Fareham | Samuel, Sir Harry S. (Limehouse |
| Dorington, Rt. Hn. Sir John E. | Legge, Col. Hon. Heneage | Sassoon, Sir Edward Albert |
| Doughty, George | Llewellyn, Evan Henry | Scott, Sir S. (Marylebone, W.) |
| Douglas, Rt. Hon. A. Akers- | Loder, Gerald Walter Erskine | Seton-Karr, Sir Henry |
| Doxford, Sir William Theodore | Long, Col. Charles W. (Evesham) | Sharpe, William Edward T. |
| Sheehan, Daniel Daniel | Tomlinson, Sir Wm. Edw. M. | Wilson-Todd, Sir W.H. (Yorks.) |
| Simeon, Sir Barrington | Tuff, Charles | Wolff, Gustav Wilhelm |
| Smith, James Parker (Lanarks.) | Tufnell, Lieut.-Col. Edward | Worsley-Taylor, Henry Wilson |
| Stanley, Hn. Arthur (Ormskirk | Valentia, Viscount | Wortley, Rt. Hon. C. B. Stuart- |
| Stanley, Edward Jas. (Somerset) | Vincent, Col. Sir C.E.H. (Sheffield | Wrightson, Sir Thomas |
| Stanley, Rt. Hn. Lord (Lancs.) | Walker, Col. William Hall | Wyndham, Rt. Hon. George |
| Stewart, Sir Mark J. M'Taggart | Warde, Colonel C. E. | Wyndham-Quin, Col. W. H. |
| Stock, James Henry | Webb, Colonel William George | Yerburgh, Robert Armstrong |
| Stone, Sir Benjamin | Welby, Lt.-Col. A.C.E. (Taunton | Young, Samuel |
| Stroyan, John | Wharton, Rt. Hon. John Lloyd | Younger, William |
| Strutt, Hon. Charles Hedley | Whiteley, H. (Ashton und. Lyne | |
| Talbot, Lord E. (Chichester) | Whitmore, Charles Algernon | TELLERS FOR THE NOES—Sir |
| Talbot, Rt. Hn. J.G. (Oxf'd Univ | Willoughby de Eresby, Lord | Alexander Acland-Hood |
| Thorburn, Sir Walter | Wilson, A. Stanley (York, E.R.) | and Mr. Ailwyn Fellowes. |
said he did not propose to move the Amendment standing in his name. He thought it was desirable to support the Amendment to be proposed by the hon. Member for Huddersfield.
*
said he wished to move in line 9 of Clause 1, after "in," to insert "a committee, one-half of whom in every case shall be elected by the justices of the licensing district from their own number, and one-half by the county council from their own number." He said that this Amendment raised the question of the introduction of some representative element in the constitution of the authority which would have to deal with licences. He was fortified in submitting the Amendment by the fact that the principle received the support of both the Majority and Minority Reports of the Royal Commission. He also claimed that the Scottish Act of last year contained precisely the same suggestion he was making. What was good for Scotland ought to be good for England. Apart from that, the introduction of the representative principle was thoroughly justified by the fact that the ratepayers had to pay for the consequences of intemperance in the shape of increased police rates and poor rates and all the consequences that flowed from the excessive use of intoxicating drinks. The ordinary principle of self-government, namely, that what the ratepayers had to pay for they ought to have some right to control, should be observed in this matter. As long ago as 1835 the House of Commons sanctioned that principle, when the Municipal Reform Act of that year was under discussion, by a large majority. The House of Lords rejected the proposal, but the view of the House of Commons was that the whole question of licences should be placed in the hands of municipal corporations. Further, the Conservative Government, when the Local Government Act was being considered in the year 1888, proposed to give a committee of the county council power to deal with licences, so that he had these precedents in support of his Amendment.
Amendment proposed—
"In page 1, line 9, to leave out from the word 'in,' to the word 'but,' in line 10, and insert the words 'a committee, one-half of whom in every case shall be elected by the justices of the licensing district from their own number, and one-half by the county council from their own number.'"—(Sir James Woodhouse.)
Question proposed, "That the words 'quarter sessions' stand part of the clause."
said that the Government were unable to accept the Amendment. The hon. Member had referred to what took place in 1888, when the Conservative Government proposed to make a committee of the county council the authority to administer licences; but the authority of 1888 was based on different principles from those which they were now proposing; although he admitted now proposing; although he admitted that if the proposal of the Government of 1888 had been accepted a great many of the existing difficulties would not have arisen. The Amendment was wholly at variance with the principle followed in drafting the Bill, which had been to make as little change as possible in the existing system and to leave the decision to a judicial body. There were differences of administration in counties and boroughs, but as closely as possible the Bill kept to the existing system. The Amendment would mean a radical change in the existing system, and such was not intended. Really the changes made by the Bill in the licensing system would be small; if the justices refused a renewal of a licence to an applicant, the ultimate decision would rest with the quarter sessions as a judicial body.
That would not apply to county boroughs.
There were points of difference in administration between the county boroughs and the county councils. The Government had endeavoured to keep as nearly as possible to the existing system, and to leave to the magistrates the decision of the matters in question. The proposal
AYES.
| ||
| Agg-Gardner, James Tynte | Clive, Captain Percy A. | Galloway, William Johnson |
| Agnew, Sir Andrew Noel | Coates, Edward Feetham | Gardner, Ernest |
| Anson, Sir William Reynell | Cochrane, Hon. Thos. H.A. E. | Garfit, William |
| Arnold-Forster, Rt. Hn. Hugh O. | Coddington, Sir William | Gordon, Hn. J.E. (Elgin & Nairn |
| Arrol, Sir William | Coghill, Douglas Harry | Goschen, Hon. George Joachim |
| Atkinson, Rt. Hon. John | Cohen, Benjamin Louis | Goulding, Edward Alfred |
| Aubrey-Fletcher, Rt. Hn. Sir H. | Colston, Chas. Edw. H. Athole | Graham, Henry Robert |
| Austin, Sir John | Compton, Lord Alwyne | Gray, Ernest (West Ham) |
| Bailey, James (Walworth) | Cox, Irwin Edward Bainbridge | Greene, Henry D. (Shrewsbury) |
| Bain, Colonel James Robert | Craig, Charles Curtis (Antrim, S. | Greene, W. Raymond (Cambs.) |
| Baird, John George Alexander | Crean, Eugene | Grenfell, William Henry |
| Balcarres, Lord | Cross, Herb. Shepherd (Bolton) | Gretton, John |
| Balfour, Rt. Hn. A. J. (Manch'r) | Crossley, Rt. Hon. Sir Savile | Greville, Hon. Ronald |
| Balfour, Capt. C. B. (Hornsey) | Dalrymple, Sir Charles | Groves, James Grimble |
| Balfour, Rt. Hn Gerald W. (Leeds | Davenport, William Bromley- | Hambro, Charles Eric |
| Balfour, Kenneth R. (Christch. | Davies, Sir Horatio D. (Chatham | Hamilton, Marq. of (L'nd'derry |
| Banbury, Sir Frederick George | Dickinson, Robert Edmond | Hardy, Laurence (Kent, Ashford |
| Barry, Sir Francis T. (Windsor) | Dickson, Charles Scott | Hare, Thomas Leigh |
| Bathurst, Hon. Allen Benjamin | Disraeli, Coningsby Ralph | Harris, F. Leverton (Tynem'th) |
| Bhownaggree, Sir M. M. | Dixon-Hartland, Sir Fred Dixon | Hatch, Ernest Frederick Geo. |
| Bignold, Arthur | Dorington, Rt. Hn. Sir John E. | Hay, Hon. Claude George |
| Bigwood, James | Doughty, George | Heath, Arthur Howard (Hanley |
| Bill, Charles | Douglas, Rt. Hn. A. Akers- | Heath, James (Staffords. N.W. |
| Blundell, Colonel Henry | Doxford, Sir William Theodore | Helder, Augustus |
| Bond, Edward | Duke, Henry Edward | Henderson, Sir A. (Stafford, W. |
| Boscawen, Arthur Griffith- | Durning-Lawrence, Sir Edwin | Hickman, Sir Alfred |
| Bousfield, William Robert | Dyke, Rt. Hn. Sir William Hart | Hoare, Sir Samuel |
| Brodrick, Rt. Hon. St. John | Egerton, Hon. A. de Tatton | Hogg, Lindsay |
| Bull, William James | Elliot, Hon. A. Ralph Douglas | Hope, J.F. (Sheffield. Brightside |
| Butcher, John George | Faber, Edmuna B. (Hants, W.) | Houldsworth, Sir Wm. Henry |
| Campbell, Rt. Hn. J.A. (Glasgow | Fergusson, Rt. Hn. Sir J. (Manc'r | Hoult, Joseph |
| Carlile, William Walter | Fielden, Edward Brocklehurst | Houston, Robert Paterson |
| Carson, Rt. Hon. Sir Edw. H. | Finch, Rt. Hon. George H. | Howard, J. (Midd., Tottenham) |
| Cautley, Henry Strother | Finlay, Sir Robert Bannatyne | Hozier, Hon. James Henry Cecil |
| Cavendish, V.C.W. (Derbyshire | Firbank, Sir Joseph Thomas | Hudson, George Bickersteth |
| Cayzer, Sir Charles William | Fisher, William Hayes | Jameson, Majer J. Eustace |
| Cecil, Evelyn (Aston Manor) | Fison, Frederick William | Jeffreys, Rt. Hon. Arthur Fred. |
| Chamberlain, Rt Hn J.A. (Worc. | FitzGerald, Sir Robert Penrose | Jessel, Captain Herbert Merton |
| Chamberlayne, T. (S'thampton | Fitzroy, Hon. Edward Algernon | Johnstone, Heywood (Sussex) |
| Chaplin, Rt. Hon. Henry | Flannery, Sir Fortescue | Kenyon, Hn. Geo. T. (Denbigh) |
| Chapman, Edward | Flower, Sir Ernest | Kenyon-Slaney, Col. W. (Salop |
| Charrington, Spencer | Forster, Henry William | Kerr, John |
| Clare, Octavius Leigh | Foster, Philip S. (Warwick, S.W. | Kimber, Henry |
of the hon. Gentleman would involve a complete change in the existing system, because instead of these cases being referred to quarter sessions they would be referred to a committee, half of whom would be elected by the licensing justices and half by the county council. They proposed to give to the body in which the power now rested the right to say what licence should not be renewed and the exercise of that right accompanied by compensation to be provided by the trade itself. The Amendment would be a radical departure from the proposals in the Bill; and he, therefore, hoped the Committee would not accept it.
Question put.
The Committee divided:—Ayes, 245; Noes, 151. (Division List, No. 206.)
| King, Sir Henry Seymour | Morton, Arthur H. Aylmer | Seely, Charles Hilton (Lincoln) |
| Knowles, Sir Lees | Mount, William Arthur | Sheehan, Daniel Daniel |
| Laurie, Lieut.-General | Murray, Rt. Hn. A. Graham (Bute | Simeon, Sir Barrington |
| Law, Andrew Bonar (Glasgow) | Murray, Charles J. (Coventry) | Smith, James Parker (Lanarks.) |
| Lawrence, Wm. F. (Liverpool) | Murray, Col. Wyndham (Bath) | Stanley, Hn. Arthur (Ormskirk) |
| Lawson, J. Grant (Yorks. N.R. | Myers, William Henry | Stanley, Edw. Jas. (Somerset) |
| Lee, Arthur H. (Hants., Fareham | Nannetti, Joseph P. | Stanley, Rt. Hon. Lord (Lancs. |
| Llewellyn, Evan Henry | Newdegate, Francis A. N. | Stewart, Sir Mark J. M'Taggart |
| Lockwood, Lieut.-Col. A. R. | Nolan, Joseph (Louth, South) | Stirling-Maxwell, Sir John M. |
| Loder, Gerald Walter Erskine | O'Brien, Patrick (Kilkenny) | Stock, James Henry |
| Long, Col. Charles W. (Evesham | O'Brien, P. J. (Tipperary, N) | Stone, Sir Benjamin |
| Long, Rt. Hn. Walter (Bristol, S.) | Palmer, Walter (Salisbury) | Stroyan, John |
| Lonsdale, John Brownlee | Peel, Hn. Wm. Robert Wellesley | Strutt, Hon. Charles Hedley |
| Lowe, Francis William | Pemberton, John S. G. | Talbot, Lord E. (Chichester) |
| Lowther, C. (Cumb., Eskdale) | Percy, Earl | Tollemache, Henry James |
| Loyd, Archie Kirkman | Pierpoint, Robert | Tomlinson, Sir Wm. Edw. M. |
| Lucas, Col. Francis (Lowestoft) | Pilkington, Colonel Richard | Tuff, Charles |
| Lucas, Reginald J. (Portsmouth) | Platt-Higgins, Frederick | Tufnell, Lieut.-Col. Edward |
| Lyttelton, Rt. Hon. Alfred | Powell, Sir Francis Sharp | Valentia, Viscount |
| Macdona, John Cumming | Pretyman, Ernest George | Vincent, Col. Sir C.E.H (Sheffield |
| MacIver, David (Liverpool) | Pryce-Jones, Lt.-Col. Edward | Walker, Col. William Hall |
| M'Fadden, Edward | Pym, C. Guy | Welby, Lt.-Col A.C.E. (Taunton |
| M'Iver, Sir Lewis (Edinburgh, W. | Rankin, Sir James | Welby, Sir Charles G.E. (Notts.) |
| M'Killop, James (Stirlingshire) | Ratcliff, R. F. | Whiteley, H. (Ashton und. Lyne |
| Majendie, James A. H. | Reid, James (Greenock) | Willoughby de Eresby, Lord |
| Malcolm, Ian | Remnant, James Farquharson | Wilson, A. Stanley (York, E.R.) |
| Martin, Richard Biddulph | Renshaw, Sir Charles Bine | Wilson-Todd, Sir W.H. (Yorks.) |
| Massey-Mainwaring, Hn. W.F. | Richards, Henry Charles | Wolff, Gustav Wilhelm |
| Maxwell, Rt. Hn. Sir H.E. (Wigt'n | Ridley, S. Forde (Bethnal Green | Worsley-Taylor, Henry Wilson |
| Maxwell, W.J.H. (Dumfriesshire | Robertson, Herbert (Hackney) | Wortley, Rt. Hon. C. B. Stuart |
| Meysey-Thompson, Sir H. M. | Robinson, Brooke | Wyndham, Rt. Hon. George |
| Mesey-Thompson, Sir H. M. | Rolleston, Sir John F. L. | Wyndham-Quin, Col. W. H. |
| Mildmay, Francis Bingham | Rollit, Sir Albert Kaye | Yerburgh, Robert Armstrong |
| Milvain, Thomas | Ropner, Colonel Sir Robert | Young, Samuel |
| Montagu, G. (Huntingdon) | Round, Rt. Hon. James | Younger, William |
| Montagu, Hn. J. Scott (Hants) | Rutherford, W. W. (Liverpool) | |
| Moon, Edward Robert Pacy | Sackville, Col. S. G. Stopford | TELLERS FOR THE AYES—Sir |
| Morgan, David J. (Walthamstow | Sadler, Col. Samuel Alexander | Alexander Acland-Hood and |
| Morpeth, Viscount | Samuel, Sir Harry S. (Limehouse | Mr. Ailwyn Fellowes. |
| Morrell, George Herbert | Sassoon, Sir Edward Albert | |
| Morrison, James Archibald | Scott, Sir S. (Marylebone, W.) |
NOES.
| ||
| Abraham, William (Cork, N.E.) | Cross, Alexander (Glasgow) | Gorst, Rt. Hon. Sir John Eldon |
| Ashton, Thomas Gair | Dalziel, James Henry | Grant, Corrie |
| Atherley-Jones, L. | Davies, Alfred (Carmarthen) | Grey, Rt. Hn. Sir E. (Berwick) |
| Barlow, John Emmott | Davies, M. Vaughan (Cardigan | Griffith, Ellis J. |
| Barron, Rowland Hirst | Delany, William | Guest, Hon. Ivor Churchill |
| Bayley, Thomas (Derbyshire) | Dilke, Rt. Hon. Sir Charles | Gurdon, Sir W. Brampton |
| Beaumont, Wentworth C. B. | Dobbie, Joseph | Harcourt, Lewis V. (Rossendale |
| Bell, Richard | Doogan, P. C. | Harcourt, Rt Hn Sir W (Monm'th |
| Benn, John Williams | Douglas, Charles M. (Lanark) | Harwood, George |
| Black, Alexander William | Dunn, Sir William | Hemphill, Rt. Hon. Charles H. |
| Boland, John | Edwards, Frank | Henderson, Arthur (Durham) |
| Bolton, Thomas Dolling | Elibank, Master of | Higham, John Sharpe |
| Brigg, John | Ellice, Capt E C (S Andrw's Bghs) | Hobhouse, C. E. H. (Bristol, E.) |
| Broadhurst, Henry | Ellis, John Edward (Notts.) | Hope, John Deans (Fife, West) |
| Brown, George M. (Edinburgh) | Emmott, Alfred | Horniman, Frederick John |
| Brunner, Sir John Tomlinson | Evans, Sir Francis H. (Maidstone | Hutton, Alfred E. (Morley) |
| Burt, Thomas | Evans, Samuel T. (Glamorgan) | Johnson, John (Gateshead) |
| Caldwell, James | Eve, Harry Trelawney | Joicey, Sir James |
| Campbell, John (Armagh, S.) | Fenwick, Charles | Jones William(Carnarvonshire |
| Campbell-Bannerman, Sir H. | Ferguson, R. C. Munro (Leith) | Jordan, Jeremiah |
| Cawley, Frederick | Flavin, Michael Joseph | Joyce, Michael |
| Condon, Thomas Joseph | Foster, Sir Waiter (Derby Co.) | Kennedy, Vincent P. (Cavan, W. |
| Gorbett, A. Cameron (Glasgow) | Freeman-Thomas, Captain F. | Kitson, Sir James |
| Craig, Robert Hunter (Lanark) | Fuller, J. M. F. | Lambert, George |
| Cremer, William Randal | Gladstone, Rt. Hn. Herbert John | Langley Batty |
| Crooks, William | Goddard, Daniel Ford | Law, Hugh Alex. (Donegal, W.) |
| Lawson, Sir Wilfrid (Cornwall | O'Shaughnessy, P. J. | Taylor, Theodore G (Radcliffe) |
| Leese, Sir Joseph F. (Accrington | Parrott, William | Thomas, Sir A. (Glamorgan, E.) |
| Leng, Sir John | Partington, Oswald | Thomas, David Alfred (Merthyr |
| Lewis, John Herbert | Paulton, James Mellor | Thomas, J A (Glamorgan, Gower |
| Loyd-George, David | Philipps, John Wynford | Tomkinson, James |
| Lundon, W. | Reckitt, Harold James | Toulmin, George |
| Lyell, Charles Henry | Reddy, M. | Ure, Alexander |
| MacNeill, John Gordon Swift | Rickett, J. Compton | Wallace, Robert |
| MacVeagh, Jeremiah | Roberts, John Bryn (Eifion) | Walton, John Lawson (Leeds |
| M'Arthur, William (Cornwall) | Roberts, John H. (Denbighs.) | Walton, Joseph (Barnsley) |
| M'Crae, George | Roche, John | Wason, Eugene (Clackmannan) |
| M'Laren, Sir Charles Benjamin | Runciman, Walter | Wason John Cathcart (Orkney) |
| Mansfield, Horace Rendall | Russell, T. W. | White, George (Norfolk) |
| Markham, Arthur Basil | Samuel, S. M. (Whitechapel) | White, Luke (York, E.R.) |
| Mitchell, Edw. (Fermanagh, N.) | Seely, Maj. J.E.B. (Isle of Wight | Whitley J. H. (Halifax) |
| Morgan, J. Lloyd (Carmarthen) | Shackleton, David James | Whittaker, Thomas Palmer |
| Moss, Samuel | Shaw, Charles Edw. (Stafford) | Williams, Osmond (Merioneh) |
| Moulton, John Fletoher | Shaw, Thomas (Hawick B.) | Wilson, Fred. W. (Norfolk, Mid.) |
| Murphy, John | Shipman, Dr. John G. | Wilson, Henry J. (York, W.R. |
| Newnes, Sir George | Slack, John Bamford | Wilson, John (Falkirk) |
| Nussey, Thomas Willans | Sloan, Thomas Henry | Wood, James |
| O'Brien, Kendal(Tipperary Mid | Smith, Samuel (Flint) | |
| O'Connor, James(Wicklow, W.) | Spear, John Ward | TELLERS FOR THE NOES— |
| O'Donnell, T. (Kerry, W.) | Stanhope, Hon. Philip James | Mr. Channing and Mr. |
| O' Kelly, James(Rosoommon, N. | Strachey, Sir Edward | Charles Allen |
| O'Malley, William | Sullivan, Donal |
*
said he had been astonished, not to say dismayed, to hear the President of the Local Government Board assume as a fact that the quarter sessions in discharging the duties to be discharged under this Bill would act as a judicial body. Everyone conversant with the duties of quarter sessions would know that they had two separate and distinct sets of duties, one of them administrative and the other judicial. There was no difficulty in distinguishing between the administrative duties which had devolved on justices by the practice of centuries and the operation of Acts of Parliament and a different character. It was essential their judicial duties which were of quite that Parliament should decide whether the duties devolving on quarter sessions through this Bill, which was an administrative measure, should be performed by quarter sessions as a judicial or an administrative body. He submitted that these administrative duties should be performed by quarter sessions as an administrative body. And, it being half-past Seven of the clock, the Chairman left the Chair to make his Report to the House.
Committee report again this evening.
Evening Sitting
Licensing Bill 1St Allotted Dat
Considered in Committee
(In the Committee.)
[Mr. J. W. LOWTHER (Cumberland, Penrith) in the Chair.]
Clause 1:—
*
continuing his speech, contended that if the Bill were examined it would be seen that it was impossible that it could have ever been intended that it was to be administered on judicial principles; there was no con test, and the whole matter was one of administration. There could be no judicial decisions, no parties and no dispute which required a tribunal or procedure to deal with them on judicial lines. He asked the Government to consider whether there were not some means by which they could define the powers which the justices were to exercise. If some were to be judicial let them be selected and declared to be powers to be administered judicially. But having regard to the fact that the major part of these powers were purely administrative powers, he asked the Government to make the matter clear in the Act. If they did not make it clear that the whole of the powers were administrative and were to be exercised with the freedom with which administrative powers were exercised by administrative bodies in this country, at any rate let them declare what the judicial powers were and leave the local authority free to administer the administrative powers. He begged to move.
Amendment proposed—
"In page 1, line 9, after the word 'sessions,' to insert the words 'acting as an administrative body.'"—(Mr. Duke.)
Question proposed, "That those words be there inserted."
said so far as he could see this discussion was purely of an academic nature. There was no doubt that many of the duties to be performed were purely of an administrative character. It could be gathered from the Bill, without setting out the fact, that quarter sessions was acting as an administrative body. His hon. and learned friend was correct in saying that many of the duties of quarter sessions under this Bill would be administrative. Licensing and setting up the compensation fund were purely matters of administration, but there were other duties cast on quarter sessions by this Bill which could not be described as other than judicial. In all cases of appeal from the licensing justices and in all matters specified in the first sub-section they would act judicially. A licence-holder who was refused a renewal might appeal to quarter sessions, and there again they would have to act in a judicial capacity. The licensing authorities might report that there were too many licensed houses in the district, and in that case a licence-holder whose licence was to be extinguished had a right to appeal to quarter sessions and say, "It is quite true that you say my licence ought to be taken away but I dispute that." Such a thing as that would constitute the very case which his hon. and learned friend said would necessitate a judicial decision, inasmuch as there would be a dispute between the parties. Quarter sessions were also entitled to hear other parties interested, which would include the justices who made the order. To draw a distinction between one set of cases in which they would be acting in a judicial capacity and another set of cases equally important, as leading to the same result, and to lay it down that in the latter they must act in a purely administrative character, would be a monstrous thing to do.
*
asked the Solicitor-General would the quarter sessions administer the principles of law or doctrines of equity?
said they would administer both. The insertion of the words "acting as an administrative body" would leave it open to quarter sessions to say in regard to particular matters that although they had litigants and advocates before them and had to hear evidence, they, nevertheless, were not acting in a judicial capacity. The important thing was to know what duties were imposed, their nature, and how they were to be carried out. There would be no difficulty in determining, where necessary, when quarter sessions were acting judicially and when administratively.
noted the statements of the Solicitor-General that in accordance with the Act of 1902 the justices would still be heard upon these applications, and that in dealing with the personal and public rights involved there would be an opportunity for legal assistance, if necessary, in determining what were essentially judicial questions. He could not, however, follow the right hon. and learned Gentleman in his distinction between the administrative and judicial functions of quarter sessions. The appointment of the compensation fund provided not by the State or the public, but by the whole body of licence-holders themselves, the want of which had been one great obstacle to temperance reform, and the cessation of which, under a time limit, would, he felt as a magistrate, be a new and even greater impediment to such reform, which he heartily favoured, but for which personally he relied more upon education than upon legislation—was administrative; but the private question whether a licensee should or should not have his licence renewed, and the important public question whether the licence should or should not be renewed in the public interest owing to an excess of licensed houses in the district, was as clearly a matter of justice and to be judicially determined by the magistrates, who had always been bound, in law, not to act merely arbitrarily, but to exercise a real judicial discretion. The insertion of the words now proposed would be restrictive of the operation of the Bill. Two great questions would have to be dealt with judicially—first: Whether a licensee ought to be deprived of his licence on public grounds; and, secondly: Whether a particular house was required or not. In the former a private, and in the latter a public interest was concerned. The calculation of the compensation might be an administrative act, but it was merely a corollary of what quarter sessions must have previously determined judicially, viz., whether or not a licence should be renewed. The determination on the report of the local justices would frequently involve very important judicial considerations. As to the Bill derogating from the power of the local justices, he believed that a formal reasoned report, which would always be before quarter sessions, would have more influence and be more difficult to displace, because the onus of displacing it would be cast upon the virtual appellant. There ought to be in the future as there had teen in the pasta judicial determination of questions which were still really to be the subject of an automatic appeal. He hoped, therefore, the Bill would not be restricted by the insertion of the Amendment, which would restrict the duty owed towards both the publican and the public, each of whom were entitled to justice, and he noted from the speech of the Solicitor-General that the practice before the magistrates at brewster sessions would be maintained intact, and also that the parties interested and the local justices would still be entitled to legal assistance on such judicial points at quarter sessions, while in the county boroughs the abolition of any appeal to the quarter sessions for the county was an unquestionable concession to a long-standing grievance. Compensation, the fund for which might well have been made more adequate, and in which alone, and not in the licence, any vested interest was created, was the corollary of the refusal to renew, was thus administrative, but there was a previous question to be determined, renewal or non-renewal, and this was a judicial one from both points of view. But, it was contended, that the new practice would derogate from the powers and influence of the local justices. As to this, and as both a county and a borough magistrate, and a former legal practitioner in licensing cases on each side as to renewal or non-renewal and as to new licences, he respectfully but strongly differed. For, under the existing practice, the right of appeal from brewster to quarter sessions against non-renewal on; the ground of excession of number of houses was absolute and practically always exercised. And the change proposed to be made in the case of such non-renewals was really an automatic appeal. With this difference, that the local justices, who, it had been legally decided, should not be represented on the appeal except under special circumstances, who were sometimes represented and sometimes not, and who, it was understood, would still retain any right to appear, and under the Act of 1902 would also be empowered to make a written and reasoned report to quarter sessions in every case of non-renewal on public grounds of excess of number of houses; and, whether the justices were represented or not, this report would always be read and largely referred to. Now, as a magistrate, he felt that such a report from a competent Court would receive more respect than any mere ex parte advocacy, inasmuch as it would be founded on local knowledge and experience, while it would be adjudicated upon by an independent judicial tribunal. It would, of course, be treated, as all such Court reports were by appeal tribunals, with respect, while it would have the effect, which advocacy on a rehearing never could have, of casting the onus of displacing it upon the party who impeached it, a legal consideration the importance of which any magistrate or practitioner would appreciate. And this was clearly not an administrative matter, but one which he himself and other magistrates, would always seek to determine as a judicial; question and by the exercise of an impartial discretion, after hearing the justices' report, and that the parties, including the local magistrates, had to say upon it; and surely this was no reduction of such magistrates' powers, but, so far as it was more than an automatic equivalent of the existing absolute right of appeal to quarter sessions, rather an increase of power than otherwise. But all this was essentially judicial, not merely administrative, and such being the case he must oppose the Amendment of his hon. friend.
*
supported the Amendment, which he submitted clearly declared the law as laid down by the highest tribunals in the land—viz., that the determination of the question of the renewal of a licence, on the ground of non-requirement, was an administrative and not a judicial act. The only reason which had been avowed for vesting this duty in quarter sessions was that they were to dispense the compensation fund, but as an administrative and not as a judicial duty, so that no ground had been alleged for turning the tribunal of quarter sessions from an administrative into a judicial body in that sense. The report was to be sent from the licensing justices to the quarter sessions, not as a Court of Appeal, but as an authority who were to deal with it as an originating and determining body; and he submitted that there was a broad distinction between quarter sessions hearing an appeal, and determining a matter as an originating body with sole power to decide. The moment the question was considered in connection with a county borough the absurdity of the position became apparent. In county boroughs the whole body of justices,
AYES.
| ||
| Ashton, Thomas Gair | Corbett, A. Cameron (Glasgow) | Evans, Samuel T. (Glamorgan) |
| Barlow, John Emmott | Corbett. T. L. (Down, North) | Eve, Harry Trelawney |
| Bayley, Thomas (Derbyshire) | Craig, Robert Hunter (Lanark) | Fenwick, Charles |
| Bell, Richard | Cremer, William Randal | Ferguson, R. C. Munro (Leith) |
| Benn, John Williams | Crombie, John William | Foster, Sir Walter (Derby Co.) |
| Black, Alexander William | Crooks. William | Fuller, J. M. F. |
| Boland, John | Cross, Alexander (Glasgow) | Grant, Corrie |
| Bolton, Thomas Dolling | Cullinan, J. | Griffith, Ellis J. |
| Brigg, John | Dalziel, James Henry | Gurdon, Sir W. Brampton |
| Broadhurst, Henry | Davies, Alfred (Carmarthen) | Harwood, George |
| Brunner, Sir John Tomlinson | Davies. M. Vaughan- (Cardigan | Hemphill, Rt. Hon. Charles H. |
| Burke, E. Haviland- | Delany, William | Higham, John Sharpe |
| Burns, John | Dobbie, Joseph | Holland, Sir William Henry |
| Burt, Thomas | Doogan, P. C. | Hope, John Deans (Fife, West) |
| Caldwell, James | Douglas. Charles M. (Lanark) | Horniman, Frederick John |
| Campbell, John (Armagh, S.) | Dunn, Sir William | Johnson, John (Gateshead) |
| Cawley, Frederick | Edwards, Frank | Jones, William (Carnarvonshire |
| Channing, Francis Allston | Ellice, Capt. E C(S. Andrw's Bghs | Jordan, Jeremiah |
| Condon, Thomas Joseph | Ellis, John Edward (Notts.) | Joyce, Michael |
having no power to determine the matter themselves, would send it to a committee of their own members to decide finally, so that, according to the Solicitor-General, the whole body would be an administrative body, while the committee of the larger body would be a judicial body. Anybody who had had experience of the working of the licensing law would be compelled to agree with the hon. and learned Member for Plymouth.
agreed that there were times when quarter sessions had to act in an administrative capacity, but he thought the case which had been put forward demonstrated that when it was a question of dealing with the report of a committee, consisting practically of a minority of the magistrates of a county borough, they were bound to act in a judicial capacity. The hon. and learned Member for Plymouth had at any rate made out a case for a clear definition, although possibly the present was not the occasion upon which the Solicitor-General would prefer to give it. Quarter sessions had to determine the number of licences to be sacrificed, and they could not be said to be acting in a strictly judicial capacity until they had actually singled out the individual victims, and then every person interested ought, to be heard.
Question put.
The Committee divided:—Ayes, 132; Noes, 124. (Division List No. 207.)
| Kennedy, Vincent P. (Cavan, W. | O'Brien, Kendal(Tipperary Mid. | Sullivan, Donal |
| Kilbride, Denis | O'Doherty, William | Taylor, Theodore C. (Ridcliffe) |
| Kitson, Sir James | O'Donnell, T. (Kerry, W.) | Tennant, Harold John |
| Lambert, George | O'Shaughnessy, P. J. | Thomas, Sir A. (Glamorgan, E.) |
| Langley, Batty | Parrott, William | Thomas, David Alfred(Merthyr) |
| Laurie, Lieut.-General | Philipps, John Wynford | Thomas, J. A. (Glamorgan, Gowe) |
| Lawson, Sir Wilfrid Cornwall) | Power, Patrick Joseph | Tomkinson, James |
| Leese Sir Joseph F. (Accrington | Reckitt, Harold James | Toulmin, George |
| Leigh, Sir Joseph | Reddy, M. | Trevelyan, Charles Philips |
| Leng, Sir John | Reid, Sir R. Threshie (Dumfries) | Wallace, Robert |
| Lewis, John Herbert | Roberts, John Bryn (Eifion) | Walton, John Lawson (Leeds, S.) |
| Lloyd-George, David | Roberts, John N. (Denbighs.) | Wason, Eugene (Clackmannan) |
| Lundon, W. | Robertson, Edmund (Dundee) | White, George (Norfolk) |
| Lyell, Charles Henry | Roche, John | White, Luke (York, E.R.) |
| MacNeill, John Gordon Swift | Runciman, Walter | Whitley, J. H. (Halifax) |
| MacVeagh, Jeremiah | Russell, T. W. | Whittaker, Thomas Palmer |
| M'Arthur, William (Cornwall) | Samuel, S. M. (Whitechapel) | Williams, Osmond (Merioneth) |
| M'Crae, George | Schwann, Charles E. | Wilson, Henry J. (York, W.R.) |
| M'Kenna, Reginald | Shackleton, David James | Wilson, John (Falkirk) |
| Mansfield, Horace Kendall | Shaw, Thomas (Hawick B.) | Wood, James |
| Markham, Arthur Basil | Sheehy, David | Yoxall, James Henry |
| Morgan, J. Lloyd (Carmarthen) | Shipman, Dr. John G. | |
| Morley, Charles (Breconshire) | Slack, John Bamford | TELLERS FOE THE AYES— |
| Morpeth, Viscount | Sloan, Thomas Henry | Mr. Duke and Sir James |
| Moss, Samuel | Smith, Samuel (Flint) | Woodhouse. |
| Newnes, Sir George | Soames, Arthur Wellesley | |
| Norton, Capt. Cecil William | Stirling-Maxwell, Sir John M. |
NOES.
| ||
| Agg-Gardner, James Tynte | Crean, Eugene | Helder, Augustus |
| Anson, Sir William Reynell | Cross, Herb. Shepherd (Bolton) | Hermon-Hodge, Sir Robert T. |
| Arkwright, John Stanhope | Crossley, Rt. Hon. Sir Savile | Hickman, Sir Alfred |
| Arnold-Forster, Rt. Hn. Hugh O. | Cubitt, Hon. Henry | Hoare, Sir Samuel |
| Arrol, Sir William | Dalkeith, Earl of | Hogg, Lindsay |
| Atkinson, Rt. Hon. John | Dalrymple, Sir Charles | Hope J. F. (Sheffield, Brightside |
| Aubrey-Fletcher, Rt. Hn. Sir H. | Davenport, William Bromley- | Houldsworth, Sir Wm. Henry |
| Austin, Sir John | Davies Sir Horatio D. (Chatham | Houston, Robert Paterson |
| Bagot, Capt. Josceline FitzRoy | Dickinson, Robert Edmond | Jebb, Sir Richard Claverhouss |
| Bailey, James (Walworth) | Dickson, Charles Scott | Jeffreys, Rt. Hon. Arthur Fred |
| Bain, Colonel James Robert | Doughty, George | Johnstone, Heywood (Sussex) |
| Baird, John George Alexander | Douglas, Rt. Hon. A. Akers | Kenyon, Hn. Geo. T. (Denbigh) |
| Balcarres, Lord | Doxford, Sir William Theodore | Kenyon-Slaney, Col. W. (Salop. |
| Balfour, Rt. Hn. A. J. (Manch'r | Durning-Lawrence, Sir Edwin | Kerr, John |
| Balfour, Rt. Hn. Gerald W (Leeds | Dyke, Rt. Hn. Sir William Hart | King, Sir Henry Seymour |
| Banbury, Sir Frederick George | Egerton, Hon. A. de Tatton | Knowles, Sir Lees |
| Bhownaggree, Sir M. M. | Finch, Rt. Hon. George H. | Law, Andrew Bonar(Glasgow) |
| Bignold, Arthur | Finlay, Sir Robert Bannatyne | Lawrence, Wm. F. (Liverpool) |
| Bigwood, James | Firbank, Sir Joseph Thomas | Lawson, John Grant (Yorks. N.R |
| Blundell, Colonel Henry | Fison, Frederick William | Lee, Arthur H. (Hants., Fareham |
| Bond, Edward | Flower, Sir Ernest | Llewellyn, Evan Henry |
| Boscawen, Arthur Griffith- | Forster, Henry William | Lockwood, Lieut.-Col. A. R. |
| Bousfield, William Robert | Galloway, William Johnson | Loder, Gerald Walter Erskine |
| Brodrick, Rt. Hon. St. John | Gardner, Ernest | Long, Col. Charles W. (Evesham) |
| Brotherton, Edward Allen | Gordon, Hn. J.E. (Elgin & Nairn) | Long, Rt. Hn. Walter (Bristol, S) |
| Brown, Sir Alex. H. (Shropsh.) | Gore, Hn. S. F. Ormsby- (Line.) | Lowe, Francis William |
| Bull, William James | Goschen, Hon. George Joachim | Lowther, C. (Cumb., Eskdale) |
| Burdett-Coutts, W. | Goulding, Edward Alfred | Loyd, Archie Kirkman |
| Butcher, John George | Gray, Ernest (West Ham) | Lyttelton, Rt. Hon. Alfred |
| Carson, Rt. Hon. Sir Edw. H. | Greene, Henry D. (Shrewsbury) | MacIver, David (Liverpool) |
| Cautley, Henry Strother | Greene, W. Raymond- (Cambs.) | M'Arthur, Charles (Liverpool) |
| Cavendish, V. C. W. (Derbyshire | Gretton, John | M'Fadden, Edward |
| Cayzer, Sir Charles William | Greville, Hon. Ronald | M'Iver, Sir Lewis (Edinburgh, W. |
| Chamberlain, Rt. Hn J.A. (Wore. | Groves, James Grimble | M'Killop, James (Stirlingshire) |
| Chapman, Edward | Hall, Edward Marshall | Majendie, James A. H. |
| Charrington, Spencer | Hambro, Charles Eric | Martin, Richard Biddulph |
| Clare, Octavius Leigh | Hamilton, Marq. Of (L'nd'nderry | Massey-Mainwaring, Hn. W. F. |
| Coates, Edward Feetham | Hare, Thomas Leigh | Maxwell, Rt. Hn. Sir H.E (Wigt'n |
| Cochrane, Hon. Thos, H. A. E. | Harris, F. Leverton (Tynem'th) | Maxwell, W.J.H. (Dumfriessh.) |
| Coghill, Douglas Harry | Harris, Dr. Fredk. R. (Dulwich) | Meysey-Thompson, Sir H. M. |
| Cohen, Benjamin Louis | Hatch, Ernest Frederick Geo. | Milvain, Thomas |
| Cox, Irwin Edward Bainbridge | Heath, Arthur Howard (Hanley | Molesworth, Sir Lewis |
| Moon, Edward Robert Pacy | Reid, James (Greenock) | Strutt, Hon. Charles Hedley |
| Morgan, David J. (Walthamstow | Remnant, James Farquharson | Talbot, Lord. E. (Chichester) |
| Morton, Arthur H. Aylmer | Renwick, George, | Taylor, Austin (East Toxteth) |
| Mount, William Arthur | Richards, Henry Charles | Thorburn, Sir Walter |
| Murray, Rt. Hn A. Graham (Bute | Ridley, S. Forde (Bethnal Green) | Tomlinson, Sir Wm. Edw. M. |
| Murray, Charles J. (Coventry) | Robertson, Herbert (Hackney) | Tuff, Charles |
| Myers, William Henry | Rolleston, Sir John F. L. | Valentia, Viscount |
| Nannetti, Joseph P. | Rollit, Sir Albert Kaye | Vincent, Col. Sir C. E. H. (Sheffield |
| Nicholson, William Graham | Ropner, Colonel Sir Robert | Walker, Col. William Hall |
| Nolan, Col. John P. (Galway, N.) | Rutherford, John (Lancashire) | Wentworth, Bruce C. Vernon- |
| Nolan, Joseph (Louth, South) | Rutherford, W. W. (Liverpool) | Whiteley, H. (Ashton und. Lyne |
| O'Brien, Patrick (Kilkenny) | Sackville, Col. S. G. Stopford- | Willoughby de Eresby, Lord |
| O'Dowd, John | Sadler, Col. Samuel Alexander | Wilson, A. Stanley (York, E.R.) |
| Palmer, Walter (Salisbury) | Samuel, Sir Harry S. (Limehouse | Wilson-Todd, Sir W.H. (Yorks.) |
| Pease, Herbert Pike (Darlington | Scott, Sir S. (Marylebone, W.) | Wolff, Gustav Wilhelm |
| Pemberton, John S. G. | Sharpe, William Edward T. | Worsley-Taylor, Henry Wilson |
| Percy, Earl | Sheehan, Daniel Daniel | Wrightson, Sir Thomas |
| Pierpoint, Robert | Smith H.C (North'mb. Tyneside | Wyndham, Rt. Hon. George |
| Plummer, Walter R. | Spear, John Ward | Young, Samuel |
| Powell, Sir Francis Sharp | Stanley, Edward Jas. (Somerset) | Younger, William |
| Pretyman, Ernest George | Stanley, Rt. Hn. Lord (Lancs.) | |
| Pryce-Jones, Lt.-Col. Edward | Stock, James Henry | TELLERS FOE THE NOES— |
| Pym, C. Guy | Stone, Sir Benjamin | Sir Alexander Acland-Hood |
| Ratcliff, R, F. | Stroyan, John | and Mr. Ailwyn Fellowes. |
moved to leave out the words "instead of" and insert "sitting with." According to the Bill the justices of the licensing district would have the position of a committee against whom there would be an appeal to quarter sessions. It might happen that the licensing justices declared by a large majority against a renewal, and their decision might be reversed by quarter sessions by a bare majority, and his object in providing that licensing justices should sit with quarter sessions upon the hearing of the appeal, was that the authorities having local knowledge should also have a voice in determining the question. He trusted that the Solicitor-General would, at any rate, be able to accept the substance of his Amendment.
Amendment proposed—
"In page 1, line 9, to lea e out the words 'instead of.' and insert the words 'sitting with.'"—(Mr. Ellis Griffith.)
Question proposed, "That the words proposed to be left out stand part of the clause."
said he could not accept the Amendment; it would be absolutely impossible that the justices of
AYES.
| ||
| Agg-Gardner, James Tynte | Atkinson, Rt. Hoc. John | Bain, Colonel James Robert |
| Anson, Sir William Reynell | Aubrey-Fletcher, Rt. Hn. Sir H. | Baird, John George Alexander |
| Arkwright, John Stanhope | Austin, Sir John | Balcarres, Lord |
| Arnold-Forster, Rt. Hn. Hugh O. | Bagot, Capt. Josceline FitsRoy | Balfour, Rt. Hon. A.J. (Manch'r |
| Arrol, Sir William | Bailey, James (Walworth) | Balfour, Rt. Hon. G. W. (Leeds |
every licensing district should sit at quarter sessions. Licensing justices would, in fact, have great influence, for they would have the initiating power to bring about the withdrawal of a licence and quarter sessions would not. That a decision by quarter sessions might be given by a small majority was true, and the same thing happened in the High Court; he had recent experience of a decision being upset in the House of Lords by a majority of one. That had to be accepted and an exception could not be made in a case of this kind. The hon. and learned Member said that the licensing justices would have no voice in the matter; but he wished to point out that they would have a great voice because quarter sessions would have no initiative, and the licensing justices would have to select those licences which they thought ought not to be renewed. Therefore it was not quite accurate to say that they had no voice, and his hon. and learned friend would therefore see that the matter was not really so bad as he had made out.
Question put.
The Committee divided:—Ayes, 210; Noes, 128. (Division List No. 208.)
| Banbury, Sir Frederick George | Groves, James Grimble | Nicholson, William Graham |
| Bhownaggree, Sir M. M. | Hall, Edward Marshall | Nolan, Col. John P. (Galway, N.) |
| Bignold, Arthur | Hambro, Charles Eric | Nolan, Joseph (Louth, South) |
| Bigwood, James | Hamilton, Marq of (L'nd'nderry | O'Brien, Patrick (Kilkenny) |
| Bill, Charles | Hare, Thomas Leigh | O'Dowd, John |
| Blundell, Colonel Henry | Harris, F. Leverton (Tynem'th) | Palmer, Walter (Salisbury) |
| Bond, Edward | Harris, Dr. Fredk. R. (Dulwich) | Pease, Herbert Pike(Darlington |
| Boscawen, Arthur Griffith | Hatch, Ernest Frederick Geo. | Pemberton, John S. G. |
| Boushfield, William Robert | Heath, Arthur Howard (Hanley | Percy, Earl |
| Brodrick, Rt. Hon. St. John | Helder, Augustus | Pierpoint, Robert |
| Brotherton, Edward Allen | Hermon-Hodge, Sir Robert T. | Plummer, Walter R. |
| Brown, Sir Alex. H. (Shropsh.) | Hickman, Sir Alfred | Powell, Sir Francis Sharp |
| Bull, William James | Hoare, Sir Samuel | Pretyman, Ernest George |
| Burdett-Coutts, W. | Hobhouse, Rt Hn H (Somers't, E | Pryce-Jones, Lt.-Col. Edward |
| Butcher, John George | Hogg, Lindsay | Pym, C. Guy |
| Carson, Rt. Hon. Sir Edw. H. | Hope, J.F. (Sheffield, Brightside | Ratcliff, R. F. |
| Cautley, Henry Strother | Houldsworth, Sir Wm. Henry | Reid, James (Greenock) |
| Cavendish, V.C.W. (Derbyshire | Houston, Robert Paterson | Remnant, James Farquharson |
| Cayzer, Sir Charles William | Jameson, Major J. Eustace | Renwick, George |
| Cecil, Lord Hugh (Greenwich) | Jebb, Sir Richard Claverhouse | Richards, Henry Charles |
| Chamberlain, Rt Hn. J.A (Worc. | Jeffreys, Rt. Hon. Arthur Fred. | Ridley, S. Forde (Bethnal Green |
| Chapman, Edward | Johnstone, Heywood (Sussex) | Robertson, Herbert (Hackney) |
| Charrington, Spencer | Kenyon, Hn. Geo. T. (Denbigh) | Rolleston, Sir John F. L. |
| Clare, Octavius Leigh | Kenyon-Slaney, Col. W. (Salop. | Rollit, Sir Albert Kaye |
| Coates, Edward Feetham | Kerr, John | Ropner, Colonel Sir Robert |
| Cochrane, Hon. Thos. H. A. E. | King, Sir Henry Seymour | Rutherford, John (Lancashire) |
| Coghill, Douglas Harry | Knowles, Sir Lees | Rutherford, W. W. (Liverpool) |
| Cohen, Benjamin Louis | Lambton, Hon. Frederick Win. | Sackville, Col. S. G. Stopford |
| Cox, Irwin Edward Bainbridge | Laurie, Lieut.-General | Sadler, Col. Samuel Alexander |
| Crean, Eugene | Law, Andrew Bonar (Glasgow) | Samuel, Sir Harry S. (Limehouse |
| Cross, Herb. Shepherd (Bolton) | Lawrence, Wm. F. (Liverpool) | Scott, Sir S. (Marylebone, W.) |
| Crossley, Rt. Hon. Sir Savile | Lawson, J. Grant (Yorks., N.R. | Sharpe, William Edward T. |
| Cubitt, Hon. Henry | Lee, A. H. (Hants., Fareham) | Sheehan, Daniel Daniel |
| Dalkeith, Earl of | Llewellyn, Evan Henry | Smith, H C (North'mb. Tyneside |
| Dalrymple, Sir Charles | Lockwood, Lieut.-Col. A. R. | Spear, John Ward |
| Davenport, William Bromley | Loder, Gerald Walter Erskine | Stanley, Edward Jas. (Somerset |
| Davies, Sir Horatio D. (Chatham | Long, Col. Charles W. (Evesham | Stanley, Rt. Hon. Lord (Lancs.) |
| Dickinson, Robert Edmond | Long, Rt. Hn. Walter (Bristol, S. | Stirling-Maxwell, Sir John M. |
| Dickson, Charles Scott | Lowe, Francis William | Stock, James Henry |
| Disraeli, Coningsby Ralph | Lowther, C. (Cumb., Eskdale) | Stone, Sir Benjamin |
| Doughty, George | Loyd, Archie Kirkman | Stroyan, John |
| Douglas, Rt. Hon. A. Akers | MacIver, David (Liverpool) | Strutt, Hon. Charles Hedley |
| Doxford, Sir William Theodore | Maconochie, A. W. | Talbot, Lord E. (Chichester) |
| Duke, Henry Edward | M'Arthur, Charles (Liverpool) | Taylor, Austin (East Toxteth) |
| Durning-Lawrence, Sir Edwin | M'Fadden, Edward | Thorburn, Sir Walter |
| Dyke, Rt. Hn. Sir William Hart | M'Iver, Sir Lewis (Edinburgh, W | Tomlinson, Sir Wm. Edw. M. |
| Egerton, Hon. A. de Tatton | M'Killop, James (Stirlingshire) | Tuff, Charles |
| Finch, Rt. Hon. George H. | Majendie, James A. H. | Valentia, Viscount |
| Finlay, Sir Robert Bannatyne | Martin, Richard Biddulph | Vincent, Col. Sir C.E.H (Sheffield |
| Firbank, Sir Joseph Thomas | Massey-Mainwaring, Hn. W. F. | Walker, Col. William Hall |
| Fison, Frederick William | Maxwell, Rt Hn. Sir H.E (Wigt'n | Wentworth, Bruce C. Vernon- |
| FitzGerald, Sir Robert Penrose | Maxwell, W.J.H. (Dumfriessh. | Whiteley, H. (Ashton und. Lyne |
| Flower, Sir Ernest | Meysey-Thompson, Sir H. M. | Williams, Colonel R. (Dorset) |
| Forster, Henry William | Milvain, Thomas | Willoughby de Eresby, Lord |
| Calloway, William Johnson | Molesworth, Sir Lewis | Wilson, A. Stanley (York, E.R. |
| Gardner, Ernest | Montagu, Hn. J. Scott (Hants.) | Wilson-Todd, Sir W.H. (Yorks.) |
| Gordon, Hn. J.E. (Elgin & Nairn) | Moon, Edward Robert Pacy | Wolff, Gustav Wilhelm |
| Gore, Hon. S.F. Ormsby-(Linc.) | Morgan, D. J. (Walthamstow) | Worsley-Taylor, Henry Wilson |
| Goschen, Hon. George Joachim | Morpeth, Viscount | Wrightson, Sir Thomas |
| Goulding, Edward Alfred | Morrell, George Herbert | Wyndham, Rt. Hon. George |
| Graham, Henry Robert | Morrison, James Archibald | Young, Samuel |
| Gray, Ernest (West Ham) | Morton, Arthur H. Aylmer | Younger, William |
| Greene, Henry D. (Shrewsbury) | Mount, William Arthur | |
| Greene, W. Raymond (Cambs.) | Murray, Rt. Hon. A. G. (Bute) | TELLERS FOE THE AYES—Sir |
| Gretton, John | Murray, Charles J. (Coventry) | Alexander Acland-Hood and |
| Greville, Hon. Ronald | Myers, William Henry | Mr. Ailwyn Fellowes. |
NOES.
| ||
| Abraham, William (Cork, N.E.) | Bayley, Thomas (Derbyshire) | Boland, John |
| Ashton, Thomas Gair | Bell, Richard | Bolton, Thomas Dolling |
| Asquith, Rt. Hn. Herbert Henry | Benn, John Williams | Brigg, John |
| Barlow, John Emmott | Black, Alexander William | Broadhurst, Henry |
| Brown, George M. (Edinburgh) | Hemphill, Rt. Hon. Charles H. | Roberts, John Bryn (Eifion) |
| Brunner, Sir John Tomlinson | Higham, John Sharpe | Roberts, John H. (Denbighs.) |
| Burke, E. Haviland | Holland, Sir William Henry | Roche, John |
| Burns, John | Hope, John Deans (Fife, West) | Rose, Charles Day |
| Burt, Thomas | Horniman, Frederick John | Runciman, Walter |
| Buxton, Sydney Charles | Johnson, John (Gateshead) | Russell, T. W. |
| Caldwell, James | Jones, William (Carnarvonshire | Samuel, S. M. (Whitechapel) |
| Campbell, John (Armagh, S.) | Jordan, Jeremiah | Schwann, Charles E. |
| Cawley, Frederick | Joyce, Michael | Shackleton, David James |
| Channing, Francis Allston | Kitson, Sir James | Shaw, Thomas (Hawick B.) |
| Condon, Thomas Joseph | Lambert, George | Shipman, Dr. John G. |
| Corbett, A. Cameron (Glasgow) | Langley, Batty | Slack, John Bamford |
| Craig, Robert Hunter (Lanark) | Lawson, Sir Wilfrid (Cornwall) | Sloan, Thomas Henry |
| Cremer, William Randal | Leese, Sir Joseph F. (Accrington) | Smith, Samuel (Flint) |
| Crombie, John William | Leigh, Sir Joseph | Sullivan, Donal |
| Crooks, William | Leng, Sir John | Taylor, Theodore C. (Radcliffe) |
| Cross, Alexander (Glasgow) | Lewis, John Herbert | Tennant, Harold John |
| Dalziel, James Henry | Lloyd-George, David | Thomas, Sir A. (Glamorgan, E.) |
| Davies, Alfred (Carmarthen) | Lundon, W. | Thomas, D. Alfred (Merthyr) |
| Davies, M. Vaughan (Cardigan | Lyell, Charles Henry- | Thomas, J A (Glamorgan, Gower |
| Delany, William | MacVeagh, Jeremiah | Tomkinson, James |
| Dobbie, Joseph | M'Arthur, William (Cornwall) | Toulmin, George |
| Donelan, Captain A. | M'Crae, George | Trevelyan, Charles Philips |
| Doogan, P. C. | M'Kenna, Reginald | Wallace, Robert |
| Douglas, Charles M. (Lanark) | Mansfield, Horace Rendall | Walton, Jn. Lawson (Leeds, S.) |
| Dunn, Sir William | Markham, Arthur Basil | Wason, Eugene (Clackmannan |
| Ellice, Capt E.C (S Andrw's Bghs | Morgan, J. Lloyd (Carmarthen) | White, George (Norfolk) |
| Ellis, John Edward (Notts.) | Morley, Charles (Breconshire) | White, Luke (York, E. R.) |
| Evans, Samuel T. (Glamorgan) | Moss, Samuel | Whitley, J. H. (Halifax) |
| Eve, Harry Trelawney | Newnes, Sir George | Whittaker, Thomas Palmer |
| Fenwick, Charles | Norton, Capt. Cecil William | Williams, Osmond (Merioneth) |
| Ferguson, R. C. Munro (Leith) | O'Brien, K. (Tipperary, Mid.) | Wilson, Henry J. (York, W.R.) |
| Flavin, Michael Joseph | O'Doherty, William | Wilson, John (Falkirk) |
| Foster, Sir Walter (Derby Co.) | O'Donnell, T. (Kerry, W.) | Wood, James |
| Fuller, J. M. F. | O'Malley, William | Woodhouse, Sir J.T (Huddersf'd |
| Furness, Sir Christopher | Parrott, William | Yoxall, James Henry |
| Gladstone, Rt. Hn. Herbert John | Philipps, John Wynford | |
| Grant, Corrie | Power, Patrick Joseph | TELLERS FOR THE NOES—Mr. |
| Gurdon, Sir W. Brampton | Reckitt, Harold James | Ellis Griffith and Mr. Ed- |
| Harwood, George | Reddy, M. | wards. |
moved to leave out the word "but" in line 10, and to insert the word "and" with the object of ensuring that there should be a sufficient reduction of licences under the Bill and also to ensure that the public, to some extent, would get value for the rights which, in the opinion of many, they were called upon to relinquish under the Bill. The Solicitor-General informed the Committee yesterday that some of the Amendments were being moved in a perfunctory manner without sufficient reasons being given in their support. He was afraid that he would now be open to the same charge, because the point raised by the Amendment was a very large one. The reproach did not come very well from those who had taken steps to secure that it would be impossible to reason on many of the greater issues raised by this Bill. If time permitted, he believed a strong case could be made out for the Amendment he now proposed. In introducing the Bill, the Home Secretary said its object was the reduction of licences. The right hon. Gentleman said that was a good thing. Well, if this reduction was so necessary, why was it not to be compulsory? The impression of the Prime Minister was that the justices had been consumed with a desire to reduce licences unnecessarily throughout the country. His own experience was very different. He believed that the desire for conferring licences was, in many instances, a great deal keener than the desire to restrict them. The licensing authorities which had been least inclined to reduce licences had been quarter sessions. They might take as an example a division of the county to which he belonged. In the Island of Lewis the local justices had over and over again refused to renew licences, and the licences had always been restored by quarter sessions. He saw little security under this Bill of any large, general, or sufficient reduction of licences. Indeed, it offered obstacles to the reduction of licences, because many licences, which had no value at present, would be given a value, and the valuation scheme, by which it was proposed to make the value of licences as they stood at the passing of the Bill the basis of compensation, was, in his opinion, largely delusive. It would be found that they were raising, under this Bill, many financial obstacles to the reduction of licences. To make the reduction effective, he submitted that it should be compulsory. He did not regard the reduction of licences as the most essential branch of temperance reform. He looked upon the provision of counter attractions, which were wholly unprovided for in this Bill, and the maintenance of the control of the justices, as far more important than the mere reduction of licences, which to a large extent would be made more difficult under this Bill than it was now. There could be no difficulty in providing compulsory power under the Bill, because the hon. Baronet the Member for Northwest Manchester, Lord Peel, and others suggested a scheme by which compulsion could be effected, and they recorded in the Minority Report that a great reduction of licences was a matter of the first importance, and that the redistribution of licensed houses should be safeguarded by a statutory maximum of say one on-licensed house to every 750 persons in a town population, and every 400 in a country population. Their view was that in seven years the number of on-licences should be reduced to that figure in England, and within five years in Scotland. The hon. Baronet knew that the distribution of licences in the North was much more approximate to this standard than it was in England. He wished the hon. Baronet had himself raised this point, and all the more because, although they had heard a great deal as to the support moderate men would be able to give to temperance reform, the course of this debate had shown how utterly ineffective their support had been in the discussions on the Bill. The object of the hon. Baronet was that at the end of seven years in England and five years in Scotland, the field should be left clear for legislative experiments by Parliament in the way of providing for the elimination of the element of profit in the liquor traffic, or any other method by which the liquor traffic could be more effectively controlled than at present. Besides that there should be absolute freedom for local communities to control the liquor traffic, either through local option or any other effective system of administration. Judging from his experience of the working of the present system he believed this Bill would form an effective check to the development of temperance reform schemes in the direction he had indicated. He believed that a compulsory reduction of licences would in some degree be a mitigation of the evils which would follow the passing of the Bill, and that it would be some security for leaving the way open for future experiments. It would also secure that the public would not have to pay a great deal more than they ought to. What the public were losing through this Bill was the rights in the monopoly which had been created by the public. That constituted to his mind confiscation of public property. He moved his Amendment, and would leave it to the judgment of the House.
Amendment proposed—
"In page 1, line 10, to leave out the word 'but,' and insert the word 'and.'"—(Mr. Munro Ferguson.)
Question proposed, "That the word 'but' stand part of the clause.'"
said that the Amendment put from the Chair had no relation to the important question raised by the hon. Member opposite. The hon. Member had spoken on many points of great public importance, and had said that under this Bill the public were losing the benefit of a monopoly which belonged to them. If that were so, all he could say was that the public had been a very long time in trying to regain that monopoly. In his view the public would have a very much better chance of securing that monopoly on a proper basis when this Bill was passed, because it was practically admitted that during the last fifty or sixty years no progress had been made in the reduction of public-houses at all. The object of the Amendment was to lay down a fixed proportion of public-houses to population in every district in the country, and to do so in general terms. That was impossible, because the requirements of every district were absolutely different from those of other districts, and the hon. Member had the Report of the Commission against him. It appeared that the hon. Member also wished, in laying down his arbitrary statutory maximum or minimum, to provide an unlimited amount of compensation. His principle might be all very well if they were dealing with public funds, but was quite out of place when they were calling on the trade itself to supply the money for the insurance. He entirely disputed the suggestion that licences which had no value now would acquire a value by the passage of this Bill. They had put the clearest possible language into the Bill to prevent that.
said that according to a trade paper no one doubted that those who would have to pay this tax were the consumers of liquor.
said that the complaint of the hon. Member was that in this Bill no provision was made for what he spoke of as counter attractions to the public-house, and he seemed to regard that as of more importance than the reduction of licences. He himself had always held that view, and had preached it in vain to hon. Gentlemen opposite. When the hon. Member for Wolverhampton introduced his Parish Councils Bill he moved an Amendment that parish councils should have the power to provide parish rooms which would be a counter attraction to the public-houses, but that Amendment was refused. The object of the Amend-
AYES.
| ||
| Agg-Gardner, James Tynte | Baird, John George Alexander | Blundell, Colonel Henry |
| Anson, Sir William Reynell | Balcarres, Lord | Bond, Edward |
| Arkwright, John Stanhope | Balfour, Rt. Hn. A. J. (Manch'r | Bousfield, William Robert |
| Arnold-Forster, Rt. Hn. Hugh O. | Balfour, Capt. C. B. (Hornsey) | Bowles, Lt.-Col. H.F (Middlesex |
| Arrol, Sir William | Balfour, Rt. Hon. G.W. (Leeds) | Brassey, Albert |
| Atkinson, Rt. Hon. John | Banbury, Sir Frederick George | Brodrick, Rt. Hon. St. John |
| Aubrey-Fletcher, Rt. Hn. Sir H. | Bathurst, Hon. Allen Benjamin | Brotherton, Edward Allen |
| Austin, Sir John | Bhownaggree, Sir M. M. | Brown, Sir Alex. H. (Shropsh.) |
| Bagot, Capt. Josceline FitzRoy | Bignold, Arthur | Bull, William James |
| Bailey, James (Walworth) | Bigwood, James | Burdett-Coutts, W. |
| Bain, Colonel James Robert | Bill, Charles | Butcher, John George |
ment, as he gathered, was to secure a compulsory reduction in the number of licences. He himself had put on the Paper an Amendment with the object of making it the duty of magistrates to give attention to the number of public-houses in proportion to the requirements of the population. He hoped that the Government would give their attention to this matter, and would see whether they could not insert in the Bill some provision in the direction suggested in his Amendment.
said that if they were to pass a compensation scheme they should secure some substantial reduction of licences. But under the Bill there was no guarantee that there would be any reduction anywhere. It would be optional for the local justices to make a recommendation, optional for quarter sessions to accept the recommendation, and optional for quarter sessions to raise a fund. The object of this Amendment was to make it certain that there would be a reduction if the on-licences exceeded a certain number. The Amendment suggested a reasonable number in proportion to the population. In order to deal with the case of London it would be easy to institute a special class of licences for hotels, so that the ordinary drinking bar should be limited to some definite proportion. It was said that if this Amendment were adopted there would be an unlimited levy. There ought to been unlimited levy. There ought to be power to make a levy in order to raise whatever amount of money was necessary I to make the reduction that was deemed necessary.
Question put.
The Committee divided:—Ayes, 264; Noes, 167. (Division List No. 209.)
| Carlile, William Walter | Hay, Hon. Claude George | Murray, Charles J. (Coventry) |
| Carson, Rt. Hon. Sir Edw. H. | Heath, Arthur Howard(Hanley | Myers, William Henry |
| Cautley, Henry Strother | Heaton, John Henniker | Newdegate, Francis A. N. |
| Cavendish, V.C.W. (Derbyshire | Hermon-Hodge, Sir Robert T. | Nolan, Col. John P.(Galway,N.) |
| Cayzer, Sir Charles William | Hickman, Sir Alfred | Nolan, Joseph (Louth, South) |
| Cecil, Evelyn (Aston Manor) | Hoare, Sir Samuel | O'Brien, Patrick (Kilkenny) |
| Cecil, Lord Hugh (Greenwich) | Hobhouse,Rt.Hn H(Somers't,E | O'Dowd, John |
| Chamberlain, Rt.Hn J. A(Wore. | Hogg. Lindsay | Palmer, Walter (Salisbury) |
| Chaplin, Rt. Hon. Henry | Hope, J.F.(Sheffield,Brightside | Parker, Sir Gilbert |
| Chapman, Edward | Houldsworth, Sir Wm. Henry | Pease, Herbert Pike(Darlington |
| Charrington, Spencer | Hoult, Joseph | Peel, Hn.Wm.Robert Wellesley |
| Clare, Octavius Leigh | Houston, Robert Paterson | Pemberton, John S. G. |
| Coates, Edward Feetham | Howard, Jn.(Kent, Faversham | Percy, Earl |
| Cochrane, Hon. Thos. H. A. E. | Hozier, Hn. James Henry Cecil | Pierpoint, Robert |
| Coghill, Douglas Harry | Hudson, George Bickersteth | Pilkington, Colonel Richard |
| Cohen, Benjamin Louis | Jameson, Major J. Eustace | Platt-Higgins, Frederick |
| Colston, Chas. Edw. H. Athole | Jebb, Sir Richard Claverhouse | Plummer, Walter R. |
| Compton, Lord Alwyne | Jeffreys, Rt. Hon. Arthur Fred. | Powell, Sir Francis Sharp |
| Cox, Irwin Edward Bainbridge | Johnstone, Heywood (Sussex) | Pretyman, Ernest George |
| Craig, CharlesCurtis( Antrim,S.) | Kenyon, Hn. Geo. T.(Denbigh) | Pryce-Jones, Lt.-Col. Edward. |
| Crean, Eugene | Kenyon-Slaney, Col. W. (Salop) | Pym, C. Guy |
| Cripps, Charles Alfred | Kerr, John | Quilter, Sir Cuthbert |
| Cross,Herb. Shepherd (Bolton) | Keswick, William | Ratcliff, R. F. |
| Crossley, Rt. Hon. Sir Savile | Kimber, Henry | Reid, James (Greenock) |
| Cubitt, Hon. Henry | King, Sir Henry Seymour | Remnant, James Farquharson |
| Dalkeith, Earl of | Knowles, Sir Lees | Renshaw, Sir Charles Bine |
| Dalrymple, Sir Charles | Lambton, Hon. Frederick Wm. | Renwick, George |
| Davenport, William Bromley | Laurie, Lieut.-General | Richards, Henry Charles |
| Davies,Sir Horatio D.(Chatham | Law, Andrew Bonar (Glasgow) | Ridley, S. Forde (Bethnal Green |
| Dickinson, Robert Edmond | Lawrence, Wm. F. (Liverpool) | Roberts, Samuel (Sheffield) |
| Dickson, Charles Scott | Lawson, J. Grant (Yorks., N.R. | Robertson, Herbert (Hackney) |
| Dimsdale, Rt.Hn. Sir Joseph C. | Lee, A. H. (Hants., Fareham) | Robinson, Brooke |
| Disraeli, Coningsby Ralph | Llewellyn, Evan Henry | Rolleston, Sir John F. L. |
| Doogan, P. C. | Lockwood, Lieut.-Col. A. R. | Rollit, Sir Albert Kaye |
| Doughty, George | Loder, Gerald Walter Erskine | Ropner, Colonel Sir Robert |
| Douglas, Rt. Hon. A. Akers- | Long, Col. Charles W.(Evesham | Rutherford, John (Lancashire) |
| Doxford, Sir William Theodore | Long, Rt.Hn.Walter(Bristol,S.) | Rutherford, W. W. (Liverpool) |
| Duke, Henry Edward | Lonsdale, John Brownlee | Sackville, Col. S. G. Stopford- |
| Durning-Lawrence, Sir Edwin | Lowe, Francis William | Sadler, Col. Samuel Alexander |
| Dyke, Rt.Hn.Sir William Hart | Lowther, C. (Cumb., Eskdale) | Samuel, Sir Harry S.(Limehouse |
| Egerton, Hon. A. de Tatton | Loyd, Archie Kirkman | Sassoon, Sir Edward Albert |
| Faber, Edmund B. (Hants.,W.) | Lucas, Col. Francis (Lowestoft) | Scott, Sir S. (Marylebone, W.) |
| Fielden, Edward Brocklehurst | Lyttelton, Rt. Hon. Alfred | Seton-Karr, Sir Henry |
| Finch, Rt. Hon. George H. | Macdona, John Gumming | Sharpe, William Edward T. |
| Finlay, Sir Robert Bannatyne | MacIver, David (Liverpool) | Sheehan, Daniel Daniel |
| Fison, Frederick William | Maconochie, A. W. | Simeon, Sir Barrington |
| FitzGerald, Sir Robert Penrose- | M'Arthur, Charles (Liverpool) | Smith, H. C(North'mb. Tyneside |
| Flannery, Sir Fortescue | M'Fadden, Edward | Smith James Parker (Lanarks.) |
| Flower, Sir Ernest | M'Iver,SirLewis(Edinburgh,W. | Spear, John Ward |
| Forster, Henry William | M'Killop, James (Stirlingshire) | Stanley, Hn.Arthur (Ormskirk) |
| Galloway, William Johnson | M'Killop W. (Sligo, North) | Stanley, Edward Jas.(Somerset) |
| Gardner, Ernest | Majendie, James A. H. | Stanley, Rt. Hon. Lord (Lanes.) |
| Garfit, William | Malcolm, Ian | Stirling-Maxwell, Sir John M. |
| Gordon, Hn.J.E.(Elgin&Nairn) | Martin, Richard Biddulph | Stock, James Henry |
| Gordon, Maj. Evans (T'r H'lets) | Massey-Mainwaring, Hn. W. F. | Stone, Sir Benjamin |
| Gore, Hon. S.F. Ormsby-(Linc) | Maxwell, Rt Hn. Sir H.E.(Wigt'n | Stroyan, John |
| Goschen, Hon. George Joachim | Maxwell, W. J. H (Dumfriesshire | Strutt, Hon. Charles Healey |
| Goulding, Edward Alfred | Melville, Beresford Valentine | Talbot, Lord E. (Chiehester) |
| Graham, Henry Robert | Meysey-Thompson, Sir H. M. | Taylor, Austin (East Toxteth) |
| Gray, Ernest (West Ham) | Mildmay, Francis Bingham | Thorburn, Sir Walter |
| Greene, Henry D.(Shrewsbury) | Milvain, Thomas | Tollemache, Henry James |
| Greene, W.Raymond- (Cambs.) | Molesworth, Sir Lewis | Tomlinson, Sir Wm. Edw. M. |
| Grenfell, William Henry | Montagu, G. (Huntingdon) | Tuff, Charles |
| Gretton, John | Montagu, Hn. J. Scott (Hants.) | Tufnell, Lieut.-Col. Edward |
| Greville, Hon. Ronald | Moon, Edward Robert Pacy | Valentia, Viscount |
| Groves, James Grimble | Moore, William | Vincent,Col.SirC.E.H.(Sheffield |
| Hall, Edward Marshall | Morgan David J.(Walthamstow | Vincent, Sir Edgar (Exeter) |
| Hambro, Charles Eric | Morpeth, Viscount | Walker, Col. William Hall |
| Hardy, L. (Kent, Ashford) | Morrell, George Herbert | Warde, Colonel C. E. |
| Hare, Thomas Leigh | Morrison, James Archibald | Webb, Colonel William George |
| Harris, F. Leverton(Tynem'th) | Morton, Arthur H. Aylmer | Welby, Sir Charles G.E.(Notts.) |
| Harris, Dr. Fredk.R. (Dulwich) | Mount, William Arthur | Wentworth, Bruce C. Vernon- |
| Hatch, Ernest Frederick Geo. | Murray,Rt.Hn.A.Graham(Bute | Wharton, Rt. Hon. John Lloyd |
| Whiteley,H.(Ashton und.Lyne) | Worsley-Taylor, Henry Wilson | TELLERS FOR THE AYES— |
| Williams, Colonel R. (Dorset) | Wortley, Rt. Hon. C. B. Stuart- | Sir Alexander Acland-Hood |
| Willoughby de Eresby, Lord | Wrightson, Sir Thomas | and Mr. Ailwyn Fellowes. |
| Wilson, A. Stanley (York, E.R.) | Wyndham, Rt. Hon. George | |
| Wilson-Todd,Sir W.H.(Yorks.) | Young, Samuel | |
| Wolff, Gustav Wilhelm | Younger, William |
NOES.
| ||
| Abraham, William (Cork, N.E.) | Gurdon, Sir W. Brampton | Price, Robert John |
| Ainsworth, John Stirling | Hain, Edward | Reckitt, Harold James |
| Allen, Charles P. | Harcourt, Lewis V.(Rossendale | Reddy, M. |
| Ashton, Thomas Gair | Harwood, George | Rickett, J. Compton |
| Asquith, Rt.Hn.Herbert Henry | Hemphill, Rt. Hon. Charles H. | Rigg, Richard |
| Barlow, John Emmott | Henderson, Arthur (Durham) | Roberts, John Bryn (Eifion) |
| Bayley, Thomas (Derbyshire) | Higham, John Sharpe | Roberts, John H. (Denbighs.) |
| Benn, John Williams | Holland, Sir William Henry | Robertson, Edmund (Dundee) |
| Black, Alexander William | Hope, John Deans (Fife, West) | Roche, John |
| Boland, John | Horniman, Frederick John | Roe, Sir Thomas |
| Bolton, Thomas Dolling | Humphreys-Owen, Arthur C. | Rose, Charles Day |
| Brigg, John | Hutchinson, Dr. Charles Fredk. | Runciman, Walter |
| Broadhurst, Henry | Hutton, Alfred E. (Morley) | Russell, T. W. |
| Brown, George M. (Edinburgh) | Jacoby, James Alfred | Samuel, S. M. (Whitechapel) |
| Brunner, Sir John Tomlinson | Johnson, John (Gateshead) | Schwann, Charles E. |
| Burke, E. Haviland- | Jones William (Carnarvonshire | Seely, Maj. J.E.B.(Isle of Wight |
| Burns, John | Jordan, Jeremiah | Shackleton, David James |
| Burt, Thomas | Joyce, Michael | Shaw, Charles Edw.(Stafford) |
| Caldwell, James | Kennedy, Vincent P.(Cavan,W. | Shaw, Thomas (Hawick B.) |
| Campbell, John (Armagh, S.) | Kitson, Sir James | Shipman, Dr. John G. |
| Campbell-Bannerman, Sir H. | Lambert, George | Slack, John Bamford |
| Cawley, Frederick | Langley, Batty | Sloan, Thomas Henry |
| Channing, Francis Allston | Law, Hugh Alex. (Donegal,W.) | Smith, Samuel (Flint) |
| Churchill, Winston Spencer | Lawson, Sir Wilfrid (Cornwall) | Soames, Arthur Wellesley |
| Condon, Thomas Joseph | Layland-Barratt, Francis | Stanhope, Hon. Philip James |
| Corbett, A. Cameron (Glasgow) | Leese,Sir Joseph F.(Accrington | Strachey, Sir Edward |
| Craig, Robert Hunter (Lanark) | Leigh, Sir Joseph | Sullivan, Donal |
| Cremer, William Randal | Long, Sir John | Taylor, Theodore C. (Radcliffe) |
| Crombie, John William | Levy, Maurice | Tennant, Harold John |
| Crooks, William | Lloyd-George, David | Thomas, Abel (Carmarthen, E.) |
| Cross, Alexander (Glasgow) | Lough, Thomas | Thomas, Sir A. (Glamorgan, E.) |
| Cullman, J. | Lundon, W. | Thomas,David Alfred (Merthyr) |
| Dalziel, James Henry | Lyell, Charles Henry | Thomas, J.A(Glamorgan,Gower |
| Davies, Alfred (Carmarthen) | MacNeill, John Gordon Swift | Tomkinson, James |
| Davies, M.Vaughan- (Cardigan) | MacVeagh, Jeremiah | Toulmin, George |
| Delany, William | M'Arthur, William (Cornwall) | Trevelyan, Charles Philips |
| Denny, Colonel | M'Crae, George | Ure, Alexander |
| Dilke, Rt, Hon. Sir Charles | Mansfield, Horace Rendall | Wallace, Robert |
| Dobbie, Joseph | Markham, Arthur Basil | Walton, John Lawson (Leeds, S. |
| Douglas, Charles M. (Lanark) | Morgan, J. Lloyd (Carmarthen) | Walton, Joseph (Barnsley) |
| Duncan, J. Hastings | Morley, Charles (Breconshire) | Wason, Eugene (Clackmannan) |
| Dunn, Sir William | Moss, Samuel | Wason, John Cathcart (Orkney) |
| Edwards, Frank | Moulton, John Fletcher | White, George (Norfolk) |
| Elliee,Capt.EC(S.Andrw's Bghs | Murphy, John | White, Luke (York, E.R.) |
| Ellis, John Edward (Notts.) | Newnes, Sir George | Whitley, J. H. (Halifax) |
| Emmott, Alfred | Norton, Capt. Cecil William | Whittaker, Thomas Palmer |
| Evans, Samuel T. (Glamorgan) | Nussey, Thomas Willans | Williams, Osmond (Merioneth) |
| Eve, Harry Trelawney | O'Brien, Kendal(Tipperary,Mid | Wilson, Fred. W.(Norfolk,Mid.) |
| Fenwick, Charles | O'Doherty, William | Wilson, Henry J. (York, W.R.) |
| Foster, Sir Walter (Derby Co.) | O'Donnell, T. (Kerry, W.) | Wilson, John (Falkirk) |
| Freeman-Thomas, Captain F. | O'Malley, William | Wood, James |
| Furness, Sir Christopher | O'Shaughnessy, P. J. | Woodhouse, Sir JT.(Huddersf'd |
| Gladstone,Rt.Hn.Herbert John | Parrott, William | Yoxall, James Henry |
| Goddard, Daniel Ford | Partington, Oswald | |
| Grant, Corrie | Paulton, James Mellor | TELLERS FOR THE NOES— |
| Griffith, Ellis J. | Philipps, John Wynford | Mr. Munro Ferguson and |
| Guest, Hon. Ivor Churchill | Power, Patrick Joseph | Mr. Herbert Lewis. |
*
The Amendment which stands in the name of my hon. and learned friend the Member for Anglesey, and which I propose now to move, raises a question of interest and importance second to none in the whole Bill; it raises, in fact, the whole question of compensation. The Committee, I am sure, will not be surprised to hear that in submitting it I am embarrassed by the conditions under which I am compelled to speak. It is not as though I or anyone in this House was in the least degree entitled to complain of the time which has been occupied last night and this evening by previous Amendments. Point after point of the most serious importance has been barely and boldly stated to the House, and has been at once divided upon, without the advantage which, in Committee at any rate, we are accustomed to derive from the free play of informal, but not less useful, arguments across the floor of the House. A severe and, as some of my hon. friends would say, excessive self-restraint has been exercised. I am not at all sure that the results which have been achieved will be held to warrant its repetition. But at any rate, it is perfectly true that there has been no waste of time, no excess of talk, and no diversion of the attention of the House from serious and important to trivial and frivolous points. But when I approach this Amendment I cannot discuss it without considering its relation to, and its effect upon the remainder of this clause. What is the clause we are discussing? It contains twenty-two lines, of which we have discussed six. Upon the Order Paper at this moment there stand fifteen pages of Amendments, which I will not say remain for discussion, but
AYES.
| ||
| Agg-Gardner, James Tynte | Bhownaggree, Sir M. M. | Chapman, Edward |
| Agnew, Sir Andrew Noel | Bignold, Arthur | Charrington, Spencer |
| Anson, Sir William Reynell | Bigwood, James | Clare, Octavius Leigh |
| Arkwright, John Stanhope | Bill, Charles | Clive, Captain Percy A. |
| Arnold-Forstcr,Rt,Hn.Hugh O. | Blundell, Colonel Henry | Coates, Edward Feetham |
| Arrol, Sir William | Bond, Edward | Cochrane, Hon. Thos. H. A. E. |
| Atkinson, Rt. Hon. John | Bousfield, William Robert | Cohen, Benjamin Louis |
| Aubrey-Fletcher, Rt.Hn.Sir H. | Bowles, Lt.-Col.H.F.(Middlesex | Colston, Chas. Edw. H. Athole |
| Austin, Sir John | Brassey, Albert | Compton, Lord Alwyne |
| Bagot, Capt. Josceline FitzRoy | Brodrick, Rt, Hon. St. John | Cox, Irwin Edward Bainbridge |
| Bailey, James (Walworth) | Brown, Sir Alex. H.(Shropsh-) | Craig, Chas. Curtis (Antrim, S. |
| Bain, Colonel James Robert | Bull, William James | Cripps, Charles Alfred |
| Baird, John George Alexander | Burdett-Coutts, W. | Cross, Herb. Shepherd (Bolton) |
| Balcarres, Lord | Butcher, John George | Crossley, Rt. Hon. Sir Savile |
| Baldwin, Alfred | Carlile, William Walter | Cubitt, Hon. Henry |
| Balfour, Rt. Hn. A. J.(Manch'r | Carson, Rt. Hon. Sir Edw. H. | Cust, Henry John C. |
| Balfour, Capt. C. B. (Hornsey) | Cautley, Henry Strother | Dalkeith, Earl of |
| Balfour, Rt, Hn. GeraldW(Leeds | Cavendish, V. C.W.(Derbyshire | Dalrymple, Sir Charles |
| Balfour, Kenneth R.(Christch. | Cayzer, Sir Charles William | Davenport, W. Bromley- |
| Banbury, Sir Frederick George | Cecil, Evelyn (Aston Manor) | Davies,Sir HoratioD.(Chatham |
| Bartley, Sir George C. T. | Cecil, Lord Hugh (Greenwich) | Dickinson, Robert Edmond |
| Bathurst, Hon. Allen Benjamin | Chamberlain, Rt Hn. J. A.(Wore. | Dickson, Charles Scott |
which are to be ignored and passed aside without any discussion at all. They embrace some of the most important features of this Bill. But how am I, in the five minutes which are still to elapse before the guillotine falls, to say anything really useful or fruitful about that which is the vital and essential principle of this Bill? The provision in the lines which I have moved to omit, the provision which in future will restrain all power to refuse or reduce licences in conformity with the limited dimensions of a fund which will be small and exiguous, and in some parts of the country, may not exist at all —this proposal, this far-reaching, deep-seated, and unprecedented revolution in the whole of our law of licensing is to pass now from this Committee unamended and even undiscussed. The procedure of the House of Commons is reduced to a farce. We are taking part in a parody of debate, and making ourselves accomplices in a caricature of the forms, and a betrayal of the spirit of Parliamentary institutions.
Amendment proposed—
"In page 1, line 10, to leave out from the world 'but' to the end of line 12."—( Mr. Asquith.)
Question put, "That the words proposed to be left out stand part of the clause."
The Committee divided:—Ayes, 279; Noes, 210. (Division List No 210.)
| Dimsdale, Rt. Hn. Sir Joseph C. | Keswick, William | Reid, James (Greenock) |
| Disraeli, Coningsby Ralph | Kimber, Henry | Remnant, James Farquharson |
| Dixon-Hartland,SirFred Dixon | King, Sir Henry Seymour | Renshaw, Sir Charles Bine |
| Dorington, Rt. Hn. Sir John E. | Knowles, Sir Lees | Renwick, George |
| Doughty, George | Lambton, Hon.Frederick Wm. | Richards, Henry Charles |
| Douglas, Rt. Hon. A. Akers- | Laurie, Lieut.-General | Ridley, S.Forde'(Bethnal Green |
| Doxford, Sir William Theodore | Law, Andrew Bonar(Glasgow) | Roberts, Samuel (Sheffield) |
| Duke, Henry Edward | Lawrence, Wm. F. (Liverpool) | Robertson, Herbert (Hackney) |
| Durning-Lawrence, Sir Edwin | Lawson JohnGrant(Yorks.N.R | Robinson, Brooke |
| Dyke, Rt. Hn. Sir William Hart | Lee,Arthur H.(Hants,Fareham | Rolleston, Sir John F. L. |
| Egerton, Hon. A. de Tatton | Llewellyn, Evan Henry | Rollit, Sir Albert Kaye |
| Faber, Edmund B. (Hants, W. | Lockwood, Lieut.-Col. A. R. | Ropner, Colonel Sir Robert |
| Fardell, Sir T. George | Loder, Gerald Walter Erskine | Round, Rt. Hon. James |
| Fergusson, Rt. Hn. Sir J.(Manc'r | Long, Col.Charles W.(Evesham | Rutherford, John (Lancashire) |
| Fielden, Edward Brocklehurst | Long, Rt.Hn.Walter (Bristol,S) | Rutherford, W. W. (Liverpool) |
| Finch, Rt. Hon. George H. | Lonsdale, John Brownlee | Sackville, Col. S. G. Stopford- |
| Finlay, Sir Robert Bannatyne | Lowe, Francis William | Sadler, Col. Samuel Alexander |
| Fisher, William Hayes | Lowther, C. (Cumb., Eskdale) | Samuel,SirHarry S. (Limehouse |
| Fison, Frederick William | Loyd, Archie Kirkman | Sassoon, Sir Edward Albert |
| FitzGerald, Sir Robert Penrose- | Lucas, Col. Francis (Lowestoft) | Scott, Sir S. (Marylebone,W.) |
| Fitzroy, Hn. Edward Algernon | Lucas, Reginald J.(Portsmouth | Seely, Charles Hilton (Lincoln) |
| Flannery, Sir Fortescue | Lyttelton, Rt. Hon. Alfred | Seton-Karr, Sir Henry |
| Flower, Sir Ernest | Macdona, John dimming | Sharpe, William Edward T. |
| Forster, Henry William | MacIver, David (Liverpool) | Simeon, Sir Barrington |
| Foster, Philip S.(Warwick,S.W. | Maconochie, A. W. | Smith,H.C(North'mb.Tyneside |
| Galloway, William Johnson | M'Arthur, Charles (Liverpool) | Smith, James Parker(Lanarks.) |
| Gardner, Ernest | M'Iver,SirLewis(Edinburgh,W. | Spear, John Ward |
| Garfit, William | M'Killop, James (Stirlingshire) | Stanley, Hn. Arthur(Ormskirk |
| Gibbs, Hon. A. G. H. | Majendie, James A. H. | Stanley, Edward Jas.(Somerset) |
| Gordon, Hn. J.E. (Elgin&Nairn | Malcolm, Ian | Stanley, Rt.Hn.Lord (Lancs.) |
| Gordon,Maj.Evans-(T'rH'ml'ts | Martin, Richard Biddulph | Stewart, Sir Mark J. M'Taggart |
| Gore, Hn. S.F. Ormsby-(Linc) | Massey-Mainwaring, Hn. W.F. | Stirling-Maxwell, Sir John M. |
| Goschen, Hon. George Joachim | Maxwell, Rt Hn.SirH.E(Wigt'n | Stock, James Henry |
| Goulding, Edward Alfred | Maxwell, W. J. H.(Dumfriesshire | Stone, Sir Benjamin |
| Graham, Henry Robert | Melville, Beresford Valentine | Stroyan, John |
| Gray, Ernest (West Ham) | Meysey-Thompson, Sir H. M. | Strutt, Hon. Charles Hedley |
| Greene, Henry D. (Shrewsbury) | Mildmay, Francis Bingham | Talbot, Lord E. (Chichester) |
| Greene, W. Raymond- (Cambs.) | Milvain, Thomas | Talbot, Rt. Hn. J.G.(Oxf'd Univ. |
| Grenfell, William Henry | Molesworth, Sir Lewis | Taylor, Austin (East Toxteth |
| Gretton, John | Montagu, G. (Huntingdon) | Thorburn, Sir Walter |
| Greville, Hon. Ronald | Montagu, Hn. J. Scott (Hants.) | Tollemache, Henry James |
| Groves, James Grimble | Moon, Edward Robert Pacy | Tomlinson, Sir Wm. Edw. M. |
| Hall, Edward Marshall | Moore, William | Tuff, Charles |
| Hambro, Charles Eric | Morgan, David J. (Walthamstow | Tufnell, Lieut.-Col. Edward |
| Hardy,Laurence(Kent, Ashford | Morpeth, Viscount | Valentia, Viscount |
| Hare, Thomas Leigh | Morrell, George Herbert | Vincent, Col. Sir C. F. H(Sheffield |
| Harris, F. Leverton(Tynem'th) | Morrison, James Archibald | Vincent, Sir Edgar (Exeter) |
| Hatch, Ernest Frederick Geo | Morton, Arthur H. Aylmer | Walker, Col. William Hall |
| Hay, Hon. Claude George | Mount, William Arthur | Warde, Colonel C.E. |
| Heath, Arthur Howard (Hanley | Mowbray, Sir Robert Gray C. | Webb, Colonel William George |
| Heath, James (Staffords., N.W.) | Murray, Rt. Hn. A.Graham(Bute | Welby, Lt. Col.A.C.E.(Taunton |
| Heaton, John Henniker | Murray, Charles J. (Coventry) | Welby, SirCharlesG.E.(Notts. |
| Henderson, Sir A. (Stafford, W.) | Murray, Col. Wyndham (Bath) | Wentworth, Bruce C. Vernon- |
| Hermon-Hodge, Sir Robert T. | Myers, William Henry | Wharton, Rt. Hon. John Lloyd |
| Hickman, Sir Alfred | Newdegate, Francis A. N. | Whiteley, H.(Ashton und.Lyne |
| Hoare, Sir Samuel | Nolan, Col. John P.(Galway, N.) | Whitmore, Charles Algernon |
| Hobhouse,Rt Hn H.(Somers't,E | Palmer, Walter (Salisbury) | Williams, Colonel R. (Dorset) |
| Hogg, Lindsay | Parker, Sir Gilbert | Willoughby de Eresby, Lord |
| Hope, J.F.(Sheffield, Brightside | Pease, Herbert Pike(Darlington | Wilson, A. Stanley (York,E.R.) |
| Houldsworth, Sir Win. Henry | Peel, Hn. Wm. Robert Wellesley | Wilson-Todd, SirW.H.(Yorks.) |
| Hoult, Joseph | Pemberton, John S. G. | Wolff, Gustav Wilhelm |
| Houston, Robert Paterson | Percy, Earl | Worsley-Taylor, Henry Wilson |
| Howard, J. (Kent Faversham | Pierpoint, Robert | Wortley, Rt. Hon. C.B. Stuart- |
| Hozier, Hn. James Henry Cecil | Pilkington, Colonel Richard | Wrightson, Sir Thomas |
| Hudson, George Bickersteth | Platt-Higgins, Frederick | Wyndham, Rt. Hon. George |
| Jameson, Major G. Eustace | Plummer, Walter R. | Young, Samuel |
| Jebb, Sir Richard Claverhouse | Powell, Sir Francis Sharp | Younger, William |
| Jeffreys, Rt. Hon. Arthur Fred | Pretyman, Ernest George | |
| Johnstone, Heywood (Sussex) | Pryce-Jones, Lt.-Col. Edward | |
| Kennaway, Rt.Hn.Sir John H. | Pym, C. Guy | TELLERS FOR THE AYES— |
| Kenyon, Hon. Geo. T. (Denbigh | Quilter, Sir Cuthbert | Sir Alexander Acland-Hood |
| Kenyon-Slaney, Col. W.(Salop | Rankin, Sir James | and Mr. Ailwyn Fellowes. |
| Kerr, John | Ratcliff, R. F. |
NOES.
| ||
| Abraham, William (Cork,N.E.) | Furness, Sir Christopher | Partington, Oswald |
| Ainsworth, John Stirling | Goddard, Daniel Ford | Paulton, James Mellor |
| Allen, Charles P. | Grant, Corrie | Perks, Robert William |
| Ashton, Thomas Gair | Griffith, Ellis J. | Philipps, John Wynford |
| Asquith, Rt.Hn.Herbert Henry | Guest, Hon. Ivor Churchill | Power, Patrick Joseph |
| Atherley-Jones, L. | Gurdon, Sir W. Brampton | Price, Robert John |
| Barlow, John Emmott | Hain, Edward | Priestley, Arthur |
| Barran, Rowland Hirst | Haldane, Rt. Hon. Richard B. | Rea, Mussell |
| Bayley, Thomas (Derbyshire) | Harcourt, Lewis V. (Rossendale | Reckitt, Harold James |
| Beaumont, Wentworth C. B. | Harwood, George | Reddy, M. |
| Bell, Richard | Hayden, John Patrick | Redmond, John E. (Waterford |
| Benn, John Williams | Hemphill, Rt. Hon. Charles H. | Rickett, J. Compton |
| Black, Alexander William | Henderson, Arthur (Durham) | Rigg, Richard |
| Boland, John | Higham, John Sharpe | Roberts, John Bryn (Eifion) |
| Bolton, Thomas Dolling | Holland, Sir William Henry | Roberts, John H. (Denbighs.) |
| Brigg, John | Hope, John Deans (Fife, West) | Robertson, Edmund (Dundee) |
| Broadhurst, Henry | Horniman, Frederick John | Robson, William Snowdon |
| Brown, GeorgeM.( Edinburgh) | Humphreys-Owen, Arthur C. | Roche, John |
| Brunner, Sir John Tomlinson | Hutchinson, Dr. Charles Fredk | Roe, Sir Thomas |
| Bryce, Rt. Hon. James | Hutton, Alfred E. (Mortley) | Rose, Charles Day |
| Buchanan, Thomas Ryburn | Jacoby, James Alfred | Runciman, Walter |
| Burke, E. Haviland- | Johnson, John (Gateshead) | Russell, T. W. |
| Burns, John | Jones, David Brynmor(Swansea | Samuel, S. M. (Whitechapel) |
| Burt, Thomas | Jones, William, Carnarvonshire | Schwann, Charles E. |
| Buxton, Sydney Charles | Jordan, Jeremiah | Seely, Maj. J.E.B (Isle of Wight) |
| Caldwell, James | Joyce, Michael | Shackleton, David James |
| Cameron, Robert | Kennedy, Vincent P. (Cavan,W.) | Shaw, Charles Edw. (Stafford) |
| Campbell, John (Armagh,S.) | Kilbride, Denis | Shaw, Thomas (Hawick, B.) |
| Campbell-Bannerman, Sir H. | Kitson, Sir James | Sheehan, Daniel Daniel |
| Cawley, Frederick | Lambert, George | Sheehy, David |
| Channing, Francis Allston | Langley, Batty | Shipman, Dr. John G. |
| Churchill, Winston Spencer | Law, Hugh Alex. (Donegal, W.) | Slack, John Bamford |
| Condon, Thomas Joseph | Lawson, Sir Wilfrid (Cornwall) | Sloan, Thomas Henry |
| Corbett, A. Cameron (Glasgow) | Layland-Barratt, Francis | Smith, Samuel (Flint) |
| Craig, Robert Hunter (Lanark | Leamy, Edmund | Soames, Arthur Wellesley |
| Crean, Eugene | Leese, Sir Joseph F.(Accrington | Stanhope, Hon. Philip James |
| Cremer, William Randal | Leigh, Sir Joseph | Stevenson, Francis S. |
| Crombie, John William | Leng, Sir John | Strachey, Sir Edward |
| Crooks, William | Levy, Maurice | Sullivan, Donal |
| Cross, Alexander (Glasgow) | Lewis, John Herbert | Taylor, Theodore C. (Radcliffe) |
| Cullinan, J. | Lloyd-George, David | Tennant, Harold John |
| Dalziel, James Henry | Lough, Thomas | Thomas, Abel (Carmarthen, E.) |
| Davies, Alfred (Carmarthen) | Lundon, W. | Thomas, Sir A. (Glamorgan, E.) |
| Davies, M. Vaughan (Cardigan | Lyell, Charles Henry | Thomas, David Alfred(Merthyr) |
| Delany, William | Macnamara, Dr. Thomas J. | Thomas, J A (GlamorganGower |
| Devlin, Joseph (Kilkenny, N.) | MacNeill, John Gordon Swift | Tillet, Louis John |
| Dickson-Poynder, Sir John P. | MacVeagh, Jeremiah | Tomkinson, James |
| Dilke, Rt. Hon. Sir Charles | M'Crae, George | Toulmin, (George |
| Dobbie, Joseph | M'Fadden, Edward | Trevelyan, Charles Philips |
| Doogan, P. C. | M'Kenna, Reginald | Ure, Alexander |
| Douglas, Charles M. (Lanark) | M'Killop, W. (Sligo, North) | Wallace, Robert |
| Duncan, J. Hastings | M'Laren, Sir Charles Benjamin | Walton, JohnLawson(Leeds,S.) |
| Dunn, Sir William | Mansfield, Horace Rendall | Walton, Joseph (Barnsley) |
| Edwards, Frank | Markham, Arthur Basil | Wason, Eugene (Clackmannan) |
| Elibank, Master of | Morgan, J. Lloyd (Carmarthen) | Wason John Cathcart (Orkney) |
| Ellice,Capt. EE(S.Andrw'sBghs | Morley, Charles (Breconshire) | White, George (Norfolk) |
| Ellis, John Edward (Notts.). | Moss, Samuel | White, Luke (York, E. R.) |
| Emmott, Alfred | Moulton, John Fletcher | Whitley, J. H. (Halifax) |
| Evans,Sir Francis H (Maidstone | Murphy, John | Whittaker, Thomas Palmer |
| Evans, Samuel T. (Glamorgan) | Nannetti, Joseph P. | Williams, Osmond (Merioneth) |
| Eve, Harry Trelawney | Newnes, Sir George | Wilson, Fred. W.(Norfolk, Mid.) |
| Farquharson, Dr. Robert | Nolan, Joseph (Louth, South) | Wilson, Henry J. (York, W.R.) |
| Fenwick, Charles | Norton, Capt. Cecil William | Wilson, John (Falkirk) |
| Ferguson, R. C. Munro (Leith) | Nussey, Thomas Willans | Wood, James |
| Field, William | O'Brien, Kendal(Tipperary Mid | Woodhouse,Sir J.T (Huddersf'd |
| Fitzmaurice, Lord Edmond | O' Brien, Patrick (Kilkenny) | Yoxall, James Henry |
| Flavin, Michael Joseph | O'Doherty, William | |
| Flynn, James Christopher | O'Donnell, T. (Kerry, W.) | TELLERS FOR THE NOES—Mr. |
| Foster, Sir Walter (Derby Co.) | O'Dowd, John | Herbert Gladstone and Mr. |
| Fowler, Rt. Hon. Sir Henry | O'Malley, William | William M'Arthur. |
| Freeman-Thomas, Captain F. | O'Shaughnessy, P. J. | |
| Fuller, J. M. F. | Parrott, William | |
And, it being after Eleven of the clock, the Chairman proceeded, in pursuance of the Order of the House of the 5th July, successively to put forthwith the Question on any Amendments moved by the Government of which notice had been given, and on every Question necessary to dispose of the allotted Business to be concluded on the first allotted Day.
Amendment proposed—
"In page 1, line 13, after the word 'an,' to insert the word 'existing.'—(Mr. Secretary A hers-Douglas.)
Question, "That the Amendment be made," put and agreed to.
Amendment proposed—
"In page 1, line 16, after the word 'district,' to insert the words 'on the consideration by them, in accordance with the Licensing Acts, 1828 to 1902, of applications for the renewal of licences.'"—(Mr. Secretary Akers-Douglas.)
Question, "That the Amendment be made," put, and agreed to.
AYES.
| ||
| Agg-Gardner, James Tynte | Cecil, Evelyn (Aston Manor) | Egerton, Hon. A. de Tatton |
| Agnew, Sir Andrew Noel | Cecil, Lord Hugh (Greenwich) | Faber, Edmund B.( Hants, W.) |
| Anson, Sir William Reynell | Chamberlain, Rt Hn. J.A (Wore. | Fardell, Sir T. George |
| Arkwright, John Stanhope | Chaplin, Rt. Hon. Henry | Fergusson,Rt. Hn.Sir J. (Manc'r |
| Arnold-Forster, Rt.Hn. Hugh O | Chapman, Edward | Fielden, Edward Brocklehurst |
| Arrol, Sir William | Charrington, Spencer | Finch, Rt. Hon. George H. |
| Atkinson, Rt. Hon. John | Clare, Octavius Leigh | Finlay, Sir Robert Bannatyne |
| Aubrey-Fletcher, Rt. Hn. Sir H. | Clive, Captain Percy A. | Fisher, William Hayes |
| Austin, Sir John | Coates, Edward Feetham | Fison, Frederick William |
| Bagot, Capt. Josceline FitzRoy | Cochrane, Hon. Thos. H. A. E. | FitzGerald, Sir Robert Penrose- |
| Bailey, James (Walworth) | Cohen, Benjamin Louis | Fitzroy, Hn.Edward Algernon |
| Bain, Colonel James Robert | Colston, Chas. Edw. H. Athole | Flannery, Sir Fortescue |
| Balcarres, Lord | Compton, Lord Alwyne | Flavin, Michael Joseph |
| Baldwin, Alfred | Corbett, A. Cameron (Glasgow) | Flower, Sir Ernest |
| Balfour, Rt. Hn. A. J. (Manch'r | Cox,Irwin Edward Bainbridge | Forster, Henry William |
| Balfour, Capt. C. B. (Hornsey) | Craig, Charles Curtis(Antrim,S. | Foster, Philip S. (Warwick, S. W. |
| Balfour,Rt Hn Gerald W.(Leeds | Cripps, Charles Alfred | Galloway, William Johnson |
| Balfour, Kenneth R. (Christch. | Cross,Herb, Shepherd (Bolton) | Gardner, Ernest |
| Banbury, Sir Frederick George | Crossley, Rt. Hon. Sir Savile | Garfit, William |
| Bartley, Sir George C. T. | Cubitt, Hon. Henry | Gibbs, Hon. A. G. H. |
| Bathurst, Hon. Allen Benjamin | Cust, Henry John C. | Gordon, Hn J.E.(Elgin&Nairn) |
| Bhownaggree, Sir M. M. | Dalkeith, Earl of | Gordon,Maj Evans (T'rH'mlet |
| Bignold, Arthur | Dalrymple, Sir Charles | Gore, Hn. S. F.Ormsby- (Line.) |
| Bigwood, James | Davenport, W. Bromley | Goulding, Edward Alfred |
| Bill, Charles | Davies, SirHoratio D.(Chatham | Graham, Henry Robert |
| Blundell, Colonel Henry | Denny, Colonel | Gray, Ernest (West Ham) |
| Bond, Edward | Devlin, Joseph (Kilkenny,N.) | Greene, Henry D. (Shrewsbury) |
| Bousfield, William Robert | Dickinson, Robert Edmond | Greene, W. Raymond-(Cambs.) |
| Bowles, Lt.-Col.H.F.(Middlesex | Dickson, Charles Scott | Grenfell, William Henry |
| Brassey, Albert | Dimsdale,Rt.Hn.Sir Joseph C. | Gretton, John |
| Brodrick, Rt. Hon. St. John | Disraeli, Coningsby Ralph | Greville, Hon. Ronald |
| Brown, Sir Alex. H. (Shropsh.) | Dixon-Hartlaud,SirFred Dixon | Groves, James Grimble |
| Bull, William James | Doogan, P. C. | Hall, Edward Marshall |
| Burdett-Couts, W. | Dorington, Rt. Hn. Sir John E. | Hambro, Charles Erie |
| Butcher, John George | Doughty, George | Hardy,Laurence(Kent Ashford |
| Carlile, William Walter | Douglas, Rt. Hn. A. Akers- | Hare, Thomas Leigh |
| Carson, Rt. Hon. Sir Edw. H. | Doxford, Sir William Theodore | Harris, F. Leverton (Tynem'th) |
| Cautley, Henry Strother | Duke, Henry Edward | Harris, Dr. Fredk. R. (Dulwich) |
| Cavendish, V.C.W. (Derbyshire | Darning-Lawrence, Sir Edwin | Hatch, Ernest Frederick Geo. |
| Cayzer, Sir Charles William | Dyke, Rt. Hn. Sir William Hart | Hay, Hon. Claude George |
Amendment proposed—
"In page 1, line 17, after the word 'particular,' to insert the word 'existing.'"—(Mr. Secretary Akers-Douglas.)
Question, "That the Amendment be made," put, and agreed to.
Amendment proposed—
"In page 1, line 19, after the word 'an,' to insert the word "existing."—(Mr. Secretary Akers-Douglas.)
Question, "That the Amendment be made," put, and agreed to.
Amendment proposed—
"In page 1, line 23, after the word 'premises,' to insert the words 'and unless it appears to quarter sessions unnecessary, any other persons appearing to them to be interested in the question of the renewal of the licence of those premises.'"—(Mr. Secretary Akers Donglas).
Question put, "That the Amendment be made."
The Committee divided; Ayes 285; Noes, 198. (Division List No. 211.)
| Heath, Arthur Howard (Hanley | Massey-Mainwairing,Hn. W. F | Rutherford, John (Lancashire) |
| Heath, James (Staffords., N.W. | Maxwell, Rt Hn. Sir HE (Wigt'n | Rutherford, W. W. (Liverpool) |
| Heaton, John Henniker | Maxwell W.J. H (Dumfriesshire | Sackville,Col. S. G. Stopford- |
| Holder, Augustus | Melville, Beresford Valentine | Sadler, Col. Samuel Alexander |
| Henderson,Sir A. (Stafford, W.) | Meysey-Thompson, Sir H. M. | Samuel,Sir HarryS,(Limehouse |
| Hermon-Hodge, Sir Robert T. | Mildmay, Francis Bingham | Sassoon, Sir Edward Albert |
| Hickman, Sir Alfred | Milvain, Thomas | Scott, Sir S. (Marylebone, W.) |
| Hoare, Sir Samuel | Molesworth, Sir Lewis | Seely, Charles Hilton (Lincoln) |
| Hogg, Lindsay | Montagu, G.(Huntingdon) | Seton-Karr, Sir Henry |
| Hope, J.F.(Sheffield, Brightside | Montagu, Hn. J. Scott (Hauls.) | Sharpe, William Edward T. |
| Houldsworth, Sir Wm. Henry | Moon, Edward Robert Pacy | Simeon, Sir Harrington |
| Hoult, Joseph | Moore, William | Skewes-Cox, Thomas |
| Houston, Robert Paterson | Morgan, David J. (Walthamstow | Smith, HC (North'mb,Tyneside |
| Howard, J. (Kent, Faversham) | Morpeth, Viscount | Smith, James Parker (Lanarks.) |
| Hozier, Hn. James Henry Cecil | Morrell, George Herbert | Spear, John Ward |
| Hudson, George Bickersteth | Morrison, James Archibald | Stanley, Hn. Arthur(Ormskirk |
| Jameson, Major J. Eustace | Morton, Arthur H. Aylmer | Stanley, Edw. Jas. (Somerset) |
| Jebb, Sir Richard Claverhouse | Mount, William Arthur | Stanley,Rt. Hon. Lord (Lanes.) |
| Jeffreys, Rt. Hon. Arthur Fred | Mowbray, Sir Robert Gray C. | Stewart, Sir Mark J.M'Taggart |
| Jessel, Capt. Herbert Merton | Murray, Rt Hn. A.Graham (Bute | Stirling-Maxwell, Sir John M. |
| Johnstone, Heywood (Sussex) | Murray,Charles J. (Coventry) | Stock, James Henry |
| Kennaway, Rt. Hn. Sir John H. | Murray, Col. Wyndham (Bath) | Stone, Sir Benjamin |
| Kenyon, Hn. Geo. F. (Denbigh) | Myers, William Henry | Stroyan, John |
| Kenyon-Slaney, Col. W. (Salop. | Newdegate, Francis A. N. | Strutt, Hon. Charles Hedley |
| Kerr, John | Nolan, Col. J. P. (Galway, N.) | Talbot, Lord E. (Chichester) |
| Keswick, William | O'Brien, Patrick (Kilkenny) | Talbot, Rt. Hn. J.G.(Oxf'd Univ |
| Kimber, Henry | Palmer, Walter (Salisbury) | Thorburn, Sir Walter |
| King, Sir Henry Seymour | Parker, Sir Gilbert | Tollemache, Henry James |
| Knowles, Sir Lees | Pease, Herb. Pike (Darlington | Tomlinson, Sir Wm. Edw. M. |
| Laurie, Lieut.-General | Peel, Hn. Wm. Robert Wellesley | Tuff, Charles |
| Law, Andrew Bonar (Glasgow) | Pemberton, John S. G. | Tufnell, Lieut.-Col. Edward |
| Lawrence, Wm. F. (Liverpool) | Percy, Earl | Valentia, Viscount |
| Lawson, J. Grant (Yorks. N.R. | Pierpoint. Robert | Vincent, Col. Sir C.EH (Sheffield |
| Lee, Arthur H (Hants. Fareham | Pilkington, Colonel Richard | Vincent, Sir Edgar (Exeter) |
| Llewellyn, Evan Henry | Platt-Higgins, Frederick | Walker, Col. William Hall |
| Lockwood, Lieut.-Col. A. R. | Plummer, Walter R. | Warde, Colonel C. E. |
| Loder, Gerald Walter Erskine | Powell, Sir Francis Sharpe | Webb, Colonel William George |
| Long, Col. Chafe. W.(Evesham | Pretyman, Ernest George | Welby, Lt. -Col. A. C. E. (Taunton |
| Long, Rt. Hn. Walter(Bristol S. | Pryce-Jones, Lt.-Col. Edward | Welby, Sir Chas. G. E. (Notts |
| Lonsdale, John Brownlee | Pym, C. Guy | Wentworth, Bruce C. Vernon- |
| Lowe, Francis William | Quilter, Sir Cuthbert | Wharton, Rt. Hon. John Lloyd |
| Lowther, C. (Cumb., Eskdale) | Rankin, Sir James | Whiteley, H.(Ashton und. Lyne |
| Loyd, Archie Kirkman | Ratcliff, R. F. | Whitmore, Charles Algernon |
| Lucas, Col. Francis (Lowestoft | Reid, James (Greenock) | Williams, Colonel Lt. (Dorset) |
| Lucas, Reginald J (Portsmouth | Remnant, James Farquharson | Willoughby de Eresby, Lord |
| Lyttelton, Rt. Hon, Alfred | Renshaw, Sir Charles Bine | Wilson, A. Stanley (York, E.R. |
| Macdona, John Gumming | Renwick, George | Wilson-Todd, Sir W. H. (Yorks.) |
| MacIver, David (Liverpool) | Richards, Henry Charles | Worsley-Taylor, Henry Wilson |
| Maconochie, A. W. | Ridley, S. Forde (Bethnal Green | Wortley, Rt. Hon.C. B. Stuart- |
| M'Arthur, Charles (Liverpool) | Roberts, Samuel (Sheffield) | Wyndham, Rt. Hon. George |
| M'Iver, Sir Lewis(Edinburgh W | Robertson, Herb. (Hackney) | Young, Samuel |
| M'Killop, James (Stirlingshire) | Robinson, Brooke | Younger, William |
| M'Killop, W. (Sligo, North) | Rolleston, Sir John F. L. | |
| Maejndie, James A. H. | Rollit, Sir Albert Kayo | TELLERS FOR THE AYES—Sir |
| Malcolm, Ian | Ropner, Colonel Sir Robert | Alexander Acland - Hood |
| Martin, Richard Biddulph | Round, Rt. Hon. James | and Mr. Ailwyn Fellowes. |
NOES.
| ||
| Abraham, William(Cork, N. E.) | Bolton, Thomas Dolling | Channing, Francis Allston |
| Ainsworth, John Stirling | Brigg, John | Churchill, Winston Spencer |
| Allen, Charles P. | Broadhurst, Henry | Condon, Thomas Joseph |
| Ambrose, Robert | Brown, George M.(Edinburgh) | Craig, Robert Hunter (Lanark) |
| Ashton, Thomas Gair | Brunner, Sir John Tomlinson | Cremer, William Randal |
| Asquith, Rt. Hn. Herb. Henry | Bryce, Rt. Hon. James | Crombie, John William |
| Atherley-Jones, L. | Buchanan, Thomas Ryburn | Crooks, William |
| Barlow, John Emmott | Burke, E. Haviland- | Cross, Alexander (Glasgow) |
| Barran, Rowland Hirst | Burns, John | Cullinan, J. |
| Bayley, Thomas (Derbyshire) | Burt, Thomas | Dalziel, James Henry |
| Beaumont, Wentworth C. B. | Caldwell, James | Davies, Alfred (Carmarthen) |
| Bell, Richard | Cameron, Robert | Davies,M. Vaughan-(Cardigan |
| Benn, John Williams | Campbell, John (Armagh, S.) | Delany, William |
| Black, Alexander William | Campbell-Bannerman, Sir H. | Dilke, Rt. Hon. Sir Charles |
| Boland, John | Cawley, Frederick | Dobbie, Joseph |
| Douglas, Charles M. (Lanark) | Law, Hugh Alex. (Donegal, W.) | Roe, Sir Thomas |
| Duncan, J. Hastings | Lawson, Sir Wilfrid (Cornwall) | Rose, Charles Day |
| Dunn, Sir William | Layland-Barratt, Francis | Runciman, Walter |
| Edwards, Prank | Leamy, Edmund | Russell, T. W. |
| Elibank, Master of | Leese, Sir Joseph F.(Accrington | Samuel, S. M. (Whitechapel) |
| Ellice,CaptE.C(S.Andrw'sBghs | Leigh, Sir Joseph | Schwann, Charles E. |
| Ellis, John Edward (Notts.) | Leng, Sir John | Seely, Maj. J. E. B.(IsleofWight |
| Emmott, Alfred | Levy, Maurice | Shackleton, David James |
| Esmonde, Sir Thomas | Lewis, John Herbert | Shaw, Charles Edw. (Stafford) |
| Evans,Sir Francis H (Maidstone | Lloyd-George, David | Shaw, Thomas (Hawick, B.) |
| Evans, Samuel T. (Glamorgan) | Lough, Thomas | Sheehan, Daniel Daniel |
| Eve, Harry Trelawney | Lundon, W. | Sheehy, David |
| Farquharson, Dr. Robert | Lyell, Charles Henry | Shipman, Dr. John G. |
| Fenwick, Charles | MacNeill, John Gordon Swift | Slack, John Bamford |
| Ferguson, R. C. Munro (Leith) | MacVeagh, Jeremiah | Sloan, Thomas Henry |
| Fitzmaurice, Lord Edmond | M'Crae, George | Smith, Samuel (Flint) |
| Flynn, James Christopher | M'Fadden, Edward | Soames, Arthur Wellesley |
| Foster, Sir Walter (Derby Co.) | M'Kenna, Reginald | Stanhope, Hon. Philip James |
| Fowler, Rt. Hon. Sir Henry | M'Laren, Sir Charles Benjamin | Stevenson, Francis S. |
| Freeman-Thomas, Captain F. | Mansfield, Horace Rendall | Sullivan, Donal |
| Fuller, J. M. F. | Markham, Arthur Basil | Taylor, Theodore C. (Radcliffe) |
| Furness, Sir Christopher | Mooney, John J. | Tennant, Harold John |
| Go ldard, Daniel Ford | Morgan, J. Lloyd (Carmarthen | Thomas, Abel (Carmarthen), E. |
| Grant, Corrie | Morley, Charles (Breconshire) | Thomas, Sir A. (Glamorgan, E. |
| Girffith, Ellis J. | Moss, Samuel | Thomas, David Alfred (Merthyr |
| Guest, Hon. Ivor Churchill | Moulton, John Fletcher | Thomas, J. A(Glamorgan,Gower |
| Gurdon, Sir W. Brampton | Murphy, John | Tillet, Louis John |
| Ham, Edward | Newnes, Sir George | Tomkinson, James |
| Haldane, Rt. Hon. Richard R. | Norton, Capt, Cecil William | Toulmin, George |
| Harcourt, Lewis V (Rossendale | Nussey, Thomas Willans | Trevelyan, Charles Philips |
| Harwood, George | O'Brien,Kendal(Tipperary Mid | Ure, Alexander |
| Hayden, John Patrick | O'Doherty, William | Wallace, Robert |
| Hemphill, Rt. Hon. Charles H. | O'Donnell, T. (Kerry, W.) | Walton, John Lawson (Leeds, S. |
| Henderson, Arthur (Durham) | O'Dowd, John | Walton, Joseph (Barnsley) |
| Higham, John Sharpe | O'Malley, William | Wason, Eugene (Clackmannan) |
| Holland, Sir William Henry | O'Shaughnessy, P. J. | Wason, JohnCathcart (Orkney) |
| Hope, J. Deans (Fife, West) | Parrott, William | White, George (Norfolk) |
| Horniman, Frederick John | Partington, Oswald | White, Luke (York, E. R.) |
| Humphreys-Owens, Arthur C. | Paulton, James Mellor | Whitley, J. H. (Halifax) |
| Hutchinson, Dr. Chas. Fredk. | Perks, Robert William | Whittaker, Thomas Palmer |
| Hutton, Alfred E. (Morley) | Philipps, John Wynford | Williams, Osmond (Merioneth) |
| Jacoby, James Alfred | Power, Patrick Joseph | Wilson, Fred.W.(Norfolk.Mid.) |
| Johnson, John (Gateshead) | Price, Robert John | Wilson, Henry J.(York, W. R.) |
| Joicey, Sir James | Priestley, Arthur | Wilson, John (Falkirk) |
| Jones,DavidBrynmor (Swansea | Rea, Russell | Wood, James |
| Jones, William (Carnarvonshire | Reckitt, Harold James | Woodhouse,SirJ.T.(Hudd'rsfi'd |
| Jordan, Jeremiah | Reddy, N. | Yoxall, James Henry |
| Joyce, Michael | Rickett, J. Compton | |
| Kennedy, Vincent P.(Cavan, W. | Rigg, Richard | TELLERS FOR THE NOES.—Mr. |
| Kilbride, Denis | Roberts, John Bryn (Eifion) | Herbert Gladstone and Mr. |
| Kitson, Sir James | Roberts, John H. (Denbighs.) | William M'Arthur |
| Lambert, George | Robson, William Snowdon | |
| Langley, Batty | Roche, John |
said he wished to ask on a point of order whether those Members of the House who were personally and pecuniarily interested in the result of the division were entitled to vote.
*
The Rule of the House has always been that any Member who has a direct pecuniary interest is liable to have his vote struck off. I think I have correctly stated the Rule.
asked, as a matter of practice, in order to avoid complications and difficulties in the future, at what time should objection be taken to the votes of Members who had a direct personal pecuniary interest? The proper manner, he knew, would be to take objection immediately after the division, but there were so many gentlemen involved that they could not immediately bring all the votes that should be challenged to the notice of the House. Could they save themselves by taking formal exception now and giving notice that when the division list was printed they would bring the question before the House?
*
The practice has always been to call the attention of the House to the matter directly the division is taken.
AYES.
| ||
| Agg-Gardner, James Tynte | Davies, Sir Horatio D(Chatham | Hozier, HonJamesHenryCecil |
| Agnew, Sir Andrew Noel | Devlin, Joseph (Kilkenny, N.) | Hudson, George Bickersteth |
| Anson, Sir William Reynell | Dickson, Charles Scott | Jameson, Major J. Eustace |
| Arkwright, John Stanhope | Hinsdale, Rt. Hon. Sir Joseph C. | Jebb, Sir Richard Claverhouse |
| Arnold-Forster,Rt. Hn.HughO. | Disraeli, Coningsby Ralph | Jeffreys, Rt. Hon. ArthurFred. |
| Arrol, Sir William | Dixon-Hartland, SirFred Dixon | Jessel, Captain Herbert Merton |
| Atkinson, Rt. Hon. John | Doogan, R. C. | Johnstone, Heywood (Sussex) |
| Aubrey-Fletcher, Rt. Hn. SirH. | Dorington, Rt.Hon. Sir John E. | Kenyon, Hon. Geo. T.( Denbigh) |
| Austin, Sir John | Doughty, George | Kenyon-Slaney,Col. W.(Salop. |
| Bagot, Capt. Joseeline FitzRoy | Douglas, Rt. Hon. A. Akers | Kerr, John |
| Bailey, James (Walworth) | Doxford, Sir William Theodore | Keswick, William |
| Bain, Colonel James Robert | Durning-Lawrence, Sir Edwin | Kimber, Henry |
| Baird, John George Alexander | Dyke, Rt. Hn. Sir William Hart | King, Sir Henry Seymour |
| Balcarres, Lord | Egerton, Hon. A. de Tatton | Knowles, Sir Lees |
| Baldwin, Alfred | Faber, Edmund B. (Hants, W. | Laurie, Liet.-General |
| Balfour, Rt. Hn. A. J. (Manch'r | Fardell, Sir T. George | Law, Andrew Bonar (Glasgow) |
| Balfour, Capt. C. B. (Hornsey) | Fergusson, Rt.HnSirJ.(Mane'r | Lawrence, Wm. F. (Liverpool) |
| Balfour,Rt.Hn.Gerald W.(Leeds | Finch, Rt. Hon. George H. | Lawson, JohnGrant( Yorks. N. R |
| Balfour, Kenneth R. (Chritsch. | Finlay, Sir Robert Bannatyne | Lee, Arthur H.(Hants,Fareham |
| Banbury, Sir Frederick George | Fisher, William Hayes | Llewellyn, Evan Henry |
| Hartley, Sir George C. T. | Fison, Frederick William | Lockwood, Lieut.-Col. A. R. |
| Bathurst, Hon. Allen Benjamin | FitzGerald, Sir Robert Penrose | Loder, Gerald Walter Erskine |
| Bhownaggree, Sir M. M. | Fitzroy, Hon.Edward Algernon | Long, Col. Charles W.(Evesham |
| Bignold, Arthur | Flannery, Sir Fortescue | Long, Rt.Hn.Walter (Bristol, S. |
| Bigwood, James | Flower, Sir Ernest | Lonsdale, John Brownlee |
| Bill, Charles | Forster, Henry William | Lowe, Francis William |
| Blundell, Colonel Henry | Foster, PhilipS.(Warwick,S.W. | Lowther, C. (Cumb., Eskdale) |
| Bond, Edward | Galloway, William Johnson | Loyd, Archie Kirkman |
| Boscawen, Arthur Griffith- | Gardner, Ernest | Lucas, Col. Francis (Lowestoft) |
| Bowles, Lt.-Col. H.F.(Middlesex | Garfit, William | Lucas, Reginald J.(Portsmouth |
| Brassey, Albert | Gibbs, Hon. A. G. H. | Lyttelton, Rt. Hon. Alfred |
| Brodrick, Rt. Hon. St. John | Gordon, Hn. J.E.(Elgin&Nairn | Macdona, John Cumming |
| Brotherton, Edward Allen | Gordon, Maj Evans (T'rH'mlets | MacIver, David (Liverpool) |
| Brown, Sir Alex. H. (Shropsh.) | Gore, Hon. S. F. Ormsby (Line.) | Maconochie, A. W. |
| Bull, William James | Goulding, Edward Alfred | M'Arthur, Charles (Liverpool) |
| Burdett-Coutts, W. | Graham, Henry Robert | M'Iver, SirLewis( Edinburgh,W |
| Butcher, John George | Gray, Ernest (West Ham) | M'Killop, James (Stirlingshire) |
| Carlile, William Walter | Greene, Henry D.(Shrewsbury | M'Killop, W. (Sligo, North) |
| Carson, Rt. Hon. Sir Edw. H. | Greene, W. Raymond (Cambs.) | Majendie, James A. H. |
| Cautley, Henry Strother | Grenfell, William Henry | Malcolm, Ian |
| Cavendish, V. C. W. (Derbyshire | Gretton, John | Martin, Richard Biddulph |
| Cayzer, Sir Charles William | Greville, Hon. Ronald | Massey-Mainwaring, Hn. W. F. |
| Cecil, Evelyn (Aston Manor) | Groves, James Grimble | Maxwell, Rt. Hn. Sir H.E(Wigt'n |
| Cecil, Lord Hugh (Greenwich) | Hall, Edward Marshall | Maxwell, W.J.H(Dumfriesshire |
| Chamberlain, Rt. Hn. J.A(Wore. | Hambro, Charles Eric | Melville, Beresford Valentine |
| Chaplin, Rt. Hon. Henry | Hardy, Laurence( Kent, Ashford | Meysey-Thompson, Sir H. M |
| Chapman, Edward | Hare, Thomas Leigh | Mildmay, Francis Bingham |
| Charrington, Spencer | Harris, F.Leverton(Tynemouth | Milvain, Thomas |
| Clare, Octavius Leigh | Harris, Dr. Fredk. R.(Dulwieh) | Molesworth, Sir Lewis |
| Clive, Captain Percy A. | Hatch, Ernest Frederick Geo. | Montagu, G. (Huntingdon) |
| Coates, Edward Feetham | Hay, Hon. Claude George | Montagu, Hn. J.Scott (Hants.) |
| Cochrane, Hon. Thos. H. A. E. | Heath, Arthur Howard(Hanley | Moon, Edward Robert Pacy |
| Cohen, Benjamin Louis | Heath, James (Staffords.,N.W.) | Moore, William |
| Colston, Chas. Edw. H. Athole | Heaton, John Henniker | Morgan, David J.( Walthamstow |
| Compton, Lord Alwyne | Helder, Augustus | Morpeth, Viscount |
| Cox, Irwin Edward Bainbridge | Henderson, Sir A.(Stafford, W.) | Morrell, George Herbert |
| Craig, Charles Curtis (Antrim, S. | Hermon-Hodge, Sir Robert T. | Morrison, James Archibald |
| Cripps, Charles Alfred | Hickman, Sir Alfred | Morton, Arthur H. Aylmer |
| Cross, Herb. Shepherd (Bolton) | Hoare, Sir Samuel | Mount, William Arthur |
| Crossley, Rt. Hon. Sir Savile | Hogg, Lindsay | Mowbray, Sir Robert Gray C. |
| Cubitt, Hon. Henry | Hope, J. F.(Sheffield, Brightside | Murray,Rt Hn A.Graham( Bute |
| Gust, Henry John C. | Houldsworth, Sir Wm. Henry | Murray, Charles J. (Coventry) |
| Dalkeith, Earl of | Hoult, Joseph | Murray, Col. Wyndham (Bath) |
| Dalrymple, Sir Charles | Houston, Robert Paterson | Myers, William Henry |
| Davenport, W. Bromley- | Howard, John(KentFaversham | Newdegate, Francis A. N. |
Question put, "That Clause 1, as amended, stand part of the Bill."
The Committee divided:—Ayes, 281; Noes, 194. (Division List No. 212.)
| Nolan, Col. John P. (Galway,N. | Ropner, Colonel Sir Robert | Tomlinson, Sir Wm. Edw. M. |
| O'Brien, Patrick (Kilkenny) | Round, Rt. Hon. James | Tuff, Charles |
| Palmer, Walter (Salisbury) | Rutherford, John (Lancashire) | Tufnell, Lieut.-Col. Edward |
| Parker, Sir Gilbert | Rutherford, W. W. (Liverpool) | Valentia, Viscount |
| Pease, HerbertPike( Darlington | Sackville, Col. S. G. Stopford | Vincent,Col Sir C.E.H(Sheffield |
| Peel, Hn.Wm. Robert Wellesley | Sadler, Col. Samuel Alexander | Vincent, Sir Eagar (Exeter) |
| Pemberton, John S. G. | Samuel,Sir HarryS.(Limehouse | Walker, Col. William Hall |
| Perey, Earl | Sassoon, Sir Edward Albert | Warde, Col. C. E. |
| Pierpoint, Robert | Scott, Sir S. (Marylebone, W.) | Webb, Colonel William George |
| Pilkington, Colonel Richard | Seely, Charles Hilton (Lincoln | Welby, Lt.-Col.A.C.E(Tauhton |
| Platt-Higgins, Frederick | Seton-Karr, Sir Henry | Welby, Sir Charles G. E. (Notts. |
| Plummer, Walter R. | Sharpe, William Edward T. | Wentworth, Bruce C. Vernon |
| Powell, Sir Francis Sharp | Simeon, Sir Harrington | Wharton, Rt. Hon. John Lloyd |
| Pretyman, Ernest George | Skewes-Cox, Thomas | Whiteley, H. (Ashtonund Lyne |
| Pryce-Jones, Lt.-Col. Edward | Smith,H.C.(North' mb.Tyneside | Whitmore, Charles Algernon |
| Pym, C. Guy | Smith, James Parker (Lanarks. | Williams, Colonel R. (Dorset) |
| Quilter, Sir Cuthbert | Spear, John Ward | Willoughby de Eresby, Lord |
| Rankin, Sir James | Stanley, Hon.Arthur(Ormskirk | Wilson, A.Stanley (York,E.R.) |
| Ratcliff, R. F. | Stanley, Edward Jas.(Somerset | Wilson-Todd, SirW.H.(Yorks) |
| Reid, James (Greenock) | Stanley, Rt. Hon. Lord (Lanes. | Worsley-Taylor, Henry Wilson |
| Remnant, James Farquharson | Stewart, SirMark J.M'Taggart | Wortley, Rt. Hon. C. B. Stuart |
| Renshaw, Sir Charles Pine | Stirling-Maxwell, Sir John M. | Wrightson, Sir Thomas |
| Renwick, George | Stock, James Henry | Wyndham, Rt. Hon. George |
| Richards, Henry Charles | Stone, Sir Benjamin | Young, Samuel |
| Ridley, S. Forde(BethnalGreen | Stroyan, John | Younger, William |
| Roberts, Samuel (Sheffield) | Strutt, Hon. Charles Hedley | |
| Robertson, Herbert (Hackney) | Talbot, Lord E. (Chichester) | TELLERS FOR THE AYES.—Sir |
| Robinson, Brooke | Talbot, Rt.Hn.J.G(Oxf'd Univ. | Alexander Acland-Hood and |
| Rolleston, Sir John F. L. | Thorburn, Sir Walter | Mr. Ailwyn Fellowes. |
| Rollit, Sir Albert Kayo | Tollemache, Henry James |
NOES.
| ||
| Abraham, William (Cork, N.E. | Davies, M. Vaughan (Cardigan | Horniman, Frederick John |
| Ainsworth, John Stirling | Delany, William | Hutchinson, Dr.CharlesFredk. |
| Allen, Charles P. | Dilke, Rt. Hon. Sir Charles | Hutton, Alfred E. (Morley) |
| Ambrose, Robert | Dobbie, Joseph | Jacoby, James Alfred |
| Ashton, Thomas Gair | Douglas, Charles M. (Lanark) | Johnson, John (Gateshead) |
| Asquith,Rt. Hn. Herbert Henry | Duncan, J. Hastings | Joicey, Sir James |
| Atherley-Jones, L. | Dunn, Sir William | Jones, DavidBrynmor(Swansea |
| Barlow, John Emmott | Edwards, Frank | Jones, William(Carnarvonshire |
| Barran, Rowland Hirst | Elibank, Master of | Jordan, Jeremiah |
| Bayley, Thomas (Derbyshire) | Elhco,CaptE.C.(StAndrw'sBghs | Joyce, Michael |
| Beaumont, Wentworth C. B. | Ellis, John Edward (Notts.) | Kennedy, Vincent P.(Cavan,W |
| Bell, Richard | Emmott, Alfred | Kilbride, Denis |
| Benn, John Williams | Esmonde, Sir Thomas | Kitson, Sir James |
| Black, Alexander William | Evans, Sir Francis H(Maidstone | Lambert, George |
| Boland, John | Evans, Samuel T. (Glamorgan) | Langley, Batty |
| Bolton, Thomas Dolling | Eve, Harry Trelawney | Lawson, Sir Wilfrid (Cornwall) |
| Brigg, John | Farquharson, Dr. Robert | Layland-Barratt, Francis |
| Broadhurst, Henry | Fenwick, Charles | Leese, Sir Joseph F(Accrington |
| Brown, George M. (Edinburgh) | Ferguson, R. C. Munro (Leith) | Leigh, Sir Joseph |
| Brunner, Sir John Tomlinson | Fitzmaurice, Lord Edmond | Leng, Sir John |
| Bryce, Rt. Hon. James | Flavin, Michael Joseph | Levy, Maurice |
| Buchanan, Thomas Ryburn | Flynn, James Christopher | Lewis, John Herbert |
| Burns, John | Foster, Sir Walter (Derby Co.) | Lloyd-George, David |
| Burt, Thomas | Fowler, Rt. Hon. Sir Henry | Lough, Thomas |
| Caldwell, James | Freeman-Thomas, Captain F. | Lundon, W. |
| Cameron, Robert | Furness, Sir Christopher | Lyell, Charles Henry |
| Campbell, John (Armagh, S.) | Goddard, Daniel Ford | Macnamara, Dr. Thomas J. |
| Campbell-Bannerman, Sir H. | Grant, Corrie | MacNeill, John Gordon Swift |
| Cawley, Frederick | Griffith, Ellis J. | MacVeagh, Jeremiah |
| Charming, Francis Allston | Guest, Hon. Ivor Churchill | M'Crae, George |
| Churchill, Winston Spencer | Gurdon, Sir W. Brampton | M'Fadden, Edward |
| Condon, Thomas Joseph | Hain, Edward | M'Kenna, Reginald |
| Corbett, A. Cameron (Glasgow) | Haldane, Rt. Hon. Richard B. | M'Laren, Sir Charles Benjamin |
| Craig, Robert Hunter (Lanark) | Harcourt, Lewis V.(Rossendale | Mansfield, Horace Rendall |
| Cremer, William Randal | Harwood, George | Markham, Arthur Basil |
| Crombie, John William | Hayden, John Patrick | Morgan, J. Lloyd (Carmarthen) |
| Crooks, William | Hemphill, Rt. Hon. Charles H. | Morley, Charles (Breconshire) |
| Cross, Alexander (Glasgow) | Henderson, Arthur (Durham) | Moss, Samuel |
| Cullman, J | Higham, John Sharpe | Moulton, John Fletcher |
| Dalziel, James Henry | Holland, Sir William Henry | Murphy, John |
| Davies, Alfred (Carmarthen) | Hope, John Deans (Fife, West) | Newnes, Sir George |
| Norton, Capt. Cecil William | Rose, Charles Day | Thomas, J. A(Glamorgan,Gower |
| Nussey, Thomas Willans | Runciman, Walter | Tillet, Louis John |
| O'Brien, Kendal(Tipperary Mid. | Russell, T. W. | Tomkinson, James |
| O'Doherty, William | Samuel, S. M. (Whitechapel) | Trevelyan, Charles Philips |
| O'Dowd, John | Schwann, Charles R. | Ure, Alexander |
| O'Malley, William | Seely, Maj. J.E.B.(Isle of Wight | Wallace, Robert |
| O'Shaughnessy, P. J. | Shackleton, David James | Walton, John Lawson(Leeds,S.) |
| Parrott, William | Shaw, Charles Edw. (Stafford) | Walton, Joseph (Barnsley) |
| Partington, Oswald | Shaw, Thomas (Hawick B.) | Wason, Eugene (Clackmannan) |
| Paulton, James Mellor | Sheehan, Daniel Daniel | Wason, JohnCathcart(Orkney) |
| Perks, Robert William | Sheehy, David | White, George (Norfolk) |
| Philipps, John Wynford | Shipman, Dr. John G. | White, Luke (York, E. R.) |
| Power, Patrick Joseph | Sinclair, John (Forfarshire) | Whitley, J. H. (Halifax) |
| Price, Robert John | Slack, John Bamford | Whittaker, Thomas Palmer |
| Priestley, Arthur | Sloan, Thomas Henry | Williams, Osmond (Merioneth) |
| Rea, Russell | Smith, Samuel (Flint) | Wilson, Fred. W.(Norfolk,Mid. |
| Reckitt, Harold James | Soames, Arthur Wellesley | Wilson, Henry J. (York, W.R.) |
| Reddy, M. | Stanhope, Hon. Philip James | Wilson, John (Falkirk) |
| Riekett, J. Compton | Stevenson, Francis S. | Wood, James |
| Rigg, Richard | Sullivan, Donal | Woodhouse, Sir J.T. (Hudd'rsfi'd |
| Roberts, John Bryn (Eifion) | Taylor, Theodore C.(Radeliffe) | Yoxall, James Henry |
| Roberts, John H. (Denbighs.) | Tennant, Harold John | |
| Robson, William Snowdon | Thomas, Abel (Carmarthen, E.) | TELLERS FOR THE NOES—Mr |
| Roche, John | Thomas, Sir A.(Glamorgan, E.) | Herbert Gladstone and Mr. |
| Roe, Sir Thomas | Thomas, David Alfred(Merthyr | William M'Arthur. |
Mr. Chairman, I desire to call your attention to the fact that in the last division a number of Members voted in contravention of a Standing Order of the House. I refer to Order No. 143 which precribes that—
I am going to submit to you the names of several Members who have a direct pecuniary interest in the subject-matter of the last division, and who voted in support of that interest. There have been two divisions on the question of compensation—one at eleven o'clock and the other the last division. In the first the majority was sixty-nine, and of those sixty-three had a direct pecuniary interest in the subject. I will pick out one or two instances and ask the judgment of the House upon them. I will take first the case of the hon. Member for South Salford. I submit that that hon. Member has a direct pecuniary interest in the vote he has recorded; it was a vote in favour of giving compensation for the first time in respect of licences disallowed. Under the present law he would receive no compensation in respect of houses the licences of which were refuse renewal by the magistrates. The moment this Bill becomes law it will add enormously to the value of his property; it will appreciate the value of the brewery shares he holds; and in respect of any houses which, in future, are disallowed he will receive a direct pecuniary advantage. In the circumstances, I submit that the vote of the hon. Member should be disallowed, and I move that the vote of the hon. Member for South Salford in the last division be disallowed on the ground that he had a direct pecuniary interest in the vote which he recorded."A Member may not vote on any question in which he has a direct pecuniary interest."
*
There is no Standing Order that is applicable to the case. The book from which the hon. Member has quoted is not the Standing Orders, although I have no doubt that they are correctly stated in that book. The last ruling that I can find on the subject occurred on the Local Government (Ireland) Bill, 1898, when Mr. Speaker ruled as follows —
Therefore I do not think the Motion of the hon. Member would be in order."The Rule of the House is well understood. There must be a direct pecuniary interest of a private and particular nature, and not of a public and general nature; and where the question before the House is of a public and general nature, and incidentally involves the pecuniary interests, of a class which includes Members of the House, they are not prevented by the Rules of the House from voting.
I understand that Mr. Speaker's ruling was that where the pecuniary advantage was incidental the general rule would not apply. I submit, however, that here the advantage is not incidental, but that the whole object and purpose of this Bill and this clause is to confer a direct pecuniary interest upon this class, and, as a matter of fact, does confer it. Therefore, I submit, this case comes within the Standing Order.
*
I know that view is taken by the hon. Member and by a great many other hon. Members, but I think he will admit that it is not the universal view. [OPPOSITION cries of "It ought to be left to the House."] There is also this to be said, that it is perfectly possible that the hon. Member's financial position will not be affected in any way. [OPPOSITION cries of "Let him say whether or not it is."] Will hon. Members kindly allow me to finish the sentence? Supposing that none of the licences in which he is interested are affected. The interest of the hon. Member is not of that direct personal character to which the ruling of Mr. Speaker refers.
May I call your attention to the Rule which says—
"The Member whose vote is questioned by such a Motion may rise in his place to explain his position."
*
I have already said that for the reasons I have given I do not think such a Motion as that which has been suggested can be properly moved.
As I understand, you have put the supposition to the Committee that the interest of the hon. Member may not be affected. I respectfully submit to you, Sir, that we should have that as a matter of fact, or otherwise, stated by the hon. Member.
May I quote a specific case? I believe it is the fact that the hon. Member had negotiations with the justices of Manchester in regard to certain houses in which he is interested and an arrangement had been practically come to whereby the licences of those houses were to be surrendered. But owing to the interview between the Prime Minister and the brewers a year ago—I think the hon. Member's own avowal has acknowledged that—those negotiations fell through. Can it, therefore, be argued after that that the hon. Member is not directly interested.
*
I do not know anything about the facts referred to by the hon. Member. I base myself upon the ruling of Mr. Speaker in the case to which I have referred
I think it is so in this case—["No."]—'….where the question. … is of a public and general nature—"
"and incidently involves the pecuniary interest of a class which includes Members of the House they are not prevented by the Rules of the House from voting."
On the point of order may I submit that this is not a measure of a public nature; it does not incidentally include a class. It refers entirely to a class, and only to that class.
*
I cannot accept the view of the hon. Member that this Bill does not deal with matters of a public nature.
May I point out that the rule begins by saying, "A Member may not vote on any question in which he has a pecuniary interest"?
*
What Rule is that?
Rule 143. Surely it is a question of fact whether or not the Member whose vote is challenged has a direct pecuniary interest. May I suggest that it is not for you, Sir, as Chairman of Committees, to be, in your official character, so well-acquainted with his private affairs as to be able to pronounce whether a Member has or has not a direct pecuniary interest? The ruling that was given in May with regard to that says—
The hon. Member put it as a question of fact that in this case the vote with regard to the compensation for licences is a vote in a matter in which the Member, whose vote is challenged, has a direct pecuniary interest, and I submit that the House has a right to have that—"The interest must be a direct pecuniary interest, and separately belonging to the persons whose votes are questioned and not in common with the rest of His Majesty's subjects."
*
The hon. Member is entitled to submit a point of order to me, but I do not think he will be in order in making a speech on it. May I point out to the hon. Member that what he has quoted from is really a manual or guide? He has not quoted from the Standing Orders. The Standing Orders of the House do not refer to this matter, but I have quoted from the last decision of Mr. Speaker on the subject. Mr. Speaker decides points of order as they rise in the House, and it is my duty to decide upon points of order that arise in Committee.
said, on the point of order, Sir, may I ask whether the conduct of the hon. Member in question falls within the ruling of Mr. Speaker which you have quoted, and is not rather a matter for the House than the Chair?
*
If it had been, Mr. Speaker would not have ruled it.
And, it being after Midnight, the Chairman left the Chair to make his Report to the House.
Committee report Progress; again upon Monday next.
Adjournment
moved, "That the House do now adjourn."
Motion made, and Question proposed, "That this House do now adjourn."
said he wished to ask a question with reference to the present position in Tibet. He understood that some information had been received in the course of the day with reference to certain operations which had taken place. He should like to know what the result of those operations had been, and also whether, in view of what had taken place, the time had not now arrived for the Government to give the House some indication of the effect of those operations with regard to their future policy. They wanted to know whether the right hon. Gentleman could now repeat the statement he made some months ago that the operations were at an end. What was the attitude of the Government with regard to this matter, and had any instructions been given to the officer in command of our forces there? He hoped the right hon. Gentleman would be able to give the House some information which would lead them to believe that they were coming to an end of this sorry business.
asked the right hon. Gentleman to explain why information received by the Government had been published in the newspapers before being communicated to this House.
said he wished to call attention to the fact that the suzerain Power had not been consulted in this matter. It had been deliberately ignored, and the present operations were a distinct violation of the promises made by the Prime Minister on the floor of the House a short time ago. The right hon. Gentleman stated that the negotiations were to be of a peaceful character, and he said most distinctly that there was no intention of warlike operations, or of annexing or occupying territory. He trusted that the right hon. Gentleman would be able to give a distinct assurance that warlike operations would not be conducted against a peaceful people.
said there was news going through the city in the afternoon that some operations had taken place. Why was the Minister in charge of the India Office not present to explain to the House what had happened? Was his office a mere sinecure t He thought it was a very great scandal that the right hon. Gentleman was not present. He was very well paid for being present.
asked the right hon. Gentleman to be good enough to state whether there were any gold mines in Tibet.
said he wished to know what our position was with regard to China. Were we at war with China, or were we trying to put down some troubles in a country of which China was suzerain?
said he might be allowed to reply in the first place to the remarks of the hon. Member who spoke last but two. That hon. Gentleman's complaint was that he was not present to give information at Question time. As there were no Questions on the Paper addressed to him, and as no Member had given him private notice of his intention to ask for information, he was not actually in the House when the Question was put, but he had been in the precincts since the House met. If there had been any important communication to be made to the House he would not have failed to be present there. The Government had received no confirmation as yet of the information in Renter's telegrams that afternoon as to the force at Gyangtse having occupied the Jong, but as soon as any information was received he would communicate it through the Press. [Loud cries of "To the House of Commons."] An hon. Gentleman had asked a Question as to the policy of His Majesty's Government. He thought it was too late an hour — [Loud OPPOSITION cries of "No, No!"]—to enter on a disquisition as to the work of His Majesty's forces in Tibet. All he could say was that the policy of His Majesty's Government had changed in no single particular from what was laid down in the telegram to the Viceroy of 6th November last year, and which had been repeatedly affirmed by the House. The operations of the last few days had led the Government to hope that, at last, Tibetan representatives would approach Colonel Younghusband; and a delay had been made in the advance to Lhasa, which had been fixed for the 25th of last month; but it appeared that the Tibetan representatives were not possessed of sufficient credentials, or of any credentials at all. They were there apparently simply to delay the advance of our troops, which it was desirable should not be delayed within the comparatively short time which should pass before the commencement of the Tibetan winter. At any moment negotiations might take place if the Tibetan authorities would send negotiators with sufficient powers to negotiate. It was not the desire of His Majesty's Government to ask for anything at variance with their previous declaration, or to make any more onerous conditions of re paration for what had taken place, and what the House had affirmed to be necessary.
said he thought that the explanation was very unsatisfactory. The point he wished to draw attention to was, that if the Government had received no special news from India, how was it that the Prime Minister had possessed himself of a telegram which he read to the House that afternoon? Had the right hon. Gentleman the Secretary for India read that telegram?
Telegrams are constantly passing between the India Office and the Viceroy.
said he thought the right hon. Gentleman was treating the matter with some levity. The telegram which the Prime Minister had read to the House stated that the bombardment of the Jong had commenced at a certain hour; but it was said that the result was not in the possession of the Government. He asked the Secretary for India whether any supplementary telegram had bean received by the Government. When serious warlike operations of this kind were being undertaken, the Government ought to afford the House some information. He understood that a British officer had been killed and that other serious casualties had taken place, and he thought that some information should be given to the House. On the larger question raised about negotiations with the Tibetans, the right hon. Gentleman repeated that the Government desired to negotiate with them. But if these Tibetans did not desire to negotiate and wanted to simply live peacefully in their own land, was this policy of butchery and extermination to be carried out to the bitter end? Perhaps the Prime Minister would give the House some information. He was responsible for the Government. He was sure that it would be received with satisfaction by the country that there was some prospect that these cruel operations against a people practically unarmed would be put a stop to.
Question put, and agreed to.
Adjourned at twenty-live minutes before One o'clock,