House of Commons
Tuesday, July 17, 1906
The House met at a quarter before Three of the Clock.
Private Bill Business
Private Bills [Lords] (Standing Orders Not Previously Inquired into Complied With)
Mr. SPEAKER laid upon the Table Report from one of the Examiners of Petitions for Private Bills, That, in the case of the following Bill, originating in the Lords, and referred on the First Reading thereof, the Standing Orders not previously inquired into, and which are applicable thereto, have been complied with, viz.:—Bute (English and Welsh) Estates Bill [Lords].
Ordered, That the Bill be read a second time.
Alexandra (Newport and South Wales) Docks and Railway Bill [Lords]; Portsmouth Water Bill [Lords]; Ritz Hotel Bill [Lords]; Wirral Railway (Extension of Time) Bill [Lords]. As amended, considered; to be read the third time.
Gas and Water Orders Confirmation Bill [Lords]; Gas Orders Confirmation (No. 1) Bill [Lords]; Gas Orders Confirmation (No. 2) Bill [Lords]; Water Orders Confirmation Bill [Lords]. Read a second time, and committed.
Lord Tredegar's Supplemental Estate Bill [Lords]. Reported, without Amendment; Reports to lie upon the Table, and to be printed.
Bill to be read the third time.
Crediton Gas Bill [Lords]; Truro Gas Bill [Lords]; South Eastern and London, Chatham, and Dover Railways Bill [Lords]. Reported, with Amendments; Reports to lie upon the Table, and to be printed.
Message from the Lords
That they have agreed to, London United Tramways Bill; Watford Gas Bill; Twickenham and Teddington Electric Supply Bill; London County Council (General Powers) Bill; Corporation of London (Blackfriars and other Bridges) Bill, with Amendments.
Amendments to—Scottish Union and National Insurance Company Bill [Lords], without Amendment.
That they have passed a Bill, intituled, "An Act to amend The Conveyancing and Law of Property Act, 1881." [Conveyancing Bill [Lords.]
Also, a Bill, intituled, "An Act to amend the Settled Land Acts, 1882 to 1890." [Settled Land Bill [Lords].
Also, a Bill intituled, "An Act to amend The Married Women's Property Act, 1882." [Married Women's Property Bill [Lords].
And, also a Bill, intituled, "An Act to extend the municipal and police boundaries of the burgh of Buckhaven, Methil, and Innerleven; to authorise the provosts, magistrates, and councillors of the burgh to construct a new street; and for other purposes." [Buckhaven, Methil, and Innerleven Burgh Extension Bill [Lords].
Buckhaven, Methil, and Innerleven Burgh Extension Bill [Lords.] Read the first time; and referred to the Examiners of Petitions for Private Bills.
Petitions
Education (England and Wales) Bill
Petitions against; From Aikton Dorset; Eryholme; Evenwood; Findon; Horsham; Kirkbampton; Kirkbride; Ludlow; Orton; Penalt; Rosley with Woodside; Thursby (two); Waverton cum Dundraw; and, Wiston; to lie upon the Table.
Education (England and Wales) Bill (Religious Teaching)
Petitions against alteration of Law; From Buckden; Chipping Ongar; Geldesten; Great Yarmouth; Headlington Quarry; and, Steynton; to lie upon the Table.
Infant Life Protection
Petition from Bicester, for alteration of Law; to lie upon the Table.
LAND VALUES TAXATION, &c. (SCOTLAND) BILL
Petition from Titwood, for alteration; to lie upon the Table.
Poisons and Pharmacy Bill [Lords]
Petitions for alteration; From North Salford; Southport; and, Wokingham; to lie upon the Table.
Returns, Reports, Etc
East India (Warlike Operations) (Killed and Wounded)
Return [presented July 16th] to be printed. [No. 262.]
Sea Fisheries Regulation Act, 1888
Paper [presented July 16th] to be printed. [No. 263.]
Post Office (Foreign and Colonial Parcel Post)
Copy presented, of the Foreign and Colonial Parcel Post Amendment (No. 20) Warrant, 1906, dated June 30th, 1906 [by Act]: to lie upon the Table.
Motor Cars (Prosecutions)
Copy presented, of Return of all proceedings for offences in connection with the driving of Motor Cars during the period from July 1st, 1904 to June 30th, 1905 [by Command]; to lie upon the Table.
Land Judge's Court (Ireland)
Return presented, relative thereto [ordered July 11th; Mr. Clancy]; to lie upon the Table, and to be printed. [No 264.]
Humber Conservancy Commission
Copy presented, of Report of the Humber Conservancy Commission [by Command]; to lie upon the Table.
Joint Stock Companies
Return presented, relative thereto [ordered July 16th; Mr. Lloyd-George]; to lie upon the Table, and to be printed, [No. 265.]
Trade Reports (Annual Series)
Copies presented, of Diplomatic and Consular Reports, Annual Series, Nos. 3671 to 3673 [by Command]; to lie upon the Table.
Public Income and Expenditure
Return presented, relative thereto [ordered June 18th; Sir Henry Fowler]; to lie upon the Table, and to be printed. [No. 266.]
Questions and Answers Circulated With the Votes
Questions
Visits of Inspector to Evicted Farms—County Clare
To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Estates Commissioners have given their inspector instructions to visit evicted farms in the county of Clare that have been grabbed; and, if not, will he say why this has not been done, and with a view of settling with the grabbers and reinstating the evicted tenants; and whether he will inquire why the inspector did not visit such farms when on inspection recently in Clare.
( Answered by Mr. Bryce. ) The Estates Commissioners inform me that all applications for reinstatement received from evicted tenants in Clare have been referred to the local inspector for inquiry and report. The inspector can only visit and inspect evicted farms with the consent of the owner and present occupier, and if he has not done so in some cases the presumption is that he has not received the necessary permission. If the hon. Member will give particulars of the cases to which he refers, the Commissioners will, they inform me, have further inquiries made.
Licensed Premises on Estates of the Ecclesiastical Commissioners in London
To ask the hon. Member for East Bristol, as Church Estates Commissioner, whether he will state the acreage, population, and localities of the Ecclesiastical Commissioners' estates in London, and the number of public-houses on each of them.
( Answered by Mr. Hobhouse. ) The Ecclesiastical Commissioners are not prepared to give this information.
Licensed Houses owned by Ecclesiastical Commissioner in Lancashire and Cheshire
To ask the hon. Member for East Bristol, as Church Estates Commissioner, the number of licensed houses owned by the Ecclesiastical Commissioners in the counties of Lancashire and Cheshire respectively.
( Answered by Mr. Hobhouse. ) The number of public-houses on the estates of the Ecclesiastical Commissioners in the county of Lancashire, so far as is known, is fifty-seven, and in the county of Cheshire two.
World's Postage Rates
To ask the Postmaster-General whether he is aware that the Chamber of Commerce of Berlin is now agitating for a reduction of the world's postage rates; and whether he will enter into communication with the German Government upon this question with the view to co operation upon the basis of a universal penny postage rate.
( Answered by Mr. Sydney Buxton. ) I have no information on the subject. The proposal for universal penny postage was strongly opposed by the German Delegates at the Rome Congress, as also was the proposal for the reduction of the general rate to 2d. I do not anticipate, therefore, that the German Government would be prepared to take any steps in this direction.
Duties of Male Sorting Clerks and Telegraphists at Richmond, Surrey
To ask the Postmaster-General whether any decision has been arrived at in the case of the recent appeal by the male sorting clerks and telegraphists at Richmond, Surrey, against the revision of duties at that office; and, if not, will he take steps to hasten the same with a view to relieving the staff of the number of split duties and the extended hours of attendance.
( Answered by Mr. Sydney Buxton. ) A new list of duties was brought into force in May last at Richmond Post Office in anticipation of a revision of the force, which has been in hand for some time. The appeal of the sorting clerks and telegraphists for a further revision of the duties is being considered, and it is hoped to bring into operation at an early date a scheme of improved duties, which have now become practicable owing to the change of the circumstances.
Allocation of Subsidy for Carriage of Mails by Peninsular and Oriental Company
To ask the Postmaster-General how the subsidy payable to the Peninsular and Oriental Steam Navigation Company for the conveyance of mails is apportionted between the various Colonies and countries concerned.
( Answered by Mr. Sydney Buxton. ) The subsidy of £340,000 to the Peninsular and Oriental Company for the conveyance of mails to and from India, the eastern Colonies, and Australia, is paid by the United Kingdom, and towards this amount contributions from. India and the Colonies are received as follows:—
Factory Acts—Overtime Regulations
To ask the Secretary of State for the Home Department whether his attention has been called to the remark made by one of the lady inspectors, Miss Deane, quoted in the Annual Report of Factories and Workshops for 1905, that she had found the greatest difficulty in obtaining any correct idea of the amount of over- time actually worked in a jam factory by the various individuals, and that indeed it was impossible to do so; that the number of special exceptions, taken together with the permission to work separate overtime in all sorts of different departments which are busy at different seasons of the year, makes evasion of the Act easy, and even renders the comprehension of the regulations extremely difficult, a circumstance which is not seldom pleaded as a valid excuse for infringing the law; and whether he proposes to take measures to remedy such abuse of the permission of overtime for young persons in an occupation very exhausting to their strength.
( Answered by Mr. Secretary Gladstone. ) I have seen the remarks of the inspector to which the right hon. Member calls attention. So far as young persons are concerned, the only overtime permissible in the jam industry is that allowed by Section 41 of the Act in respect of certain emergency processes during the four summer months, and in their case, therefore, the difficulty under the special exception as to separate departments do not arise. Further, by the Older which the Secretary of State has power to make under Section 41 for regulating the work on these emergency processes, special conditions as to intervals, hours of work, and the lifting of heavy weights have been imposed for the protection of young persons. I am arranging for special attention to be given to jam works during the present busy season; and when the reports of the inspectors are received I will consider what steps can be taken to simplify the present provisions affecting the industry and generally to secure more complete protection for the workers.
Education Grants
To ask the President of the Board of Education what are the just ande quitable terms per head of average attendances where one local education authority as a matter of the efficiency or convenience educates a number of elementary school children belonging to another local education authority; and whether the Board of Education are prepared to fix a reasonable and honest price per head in all such cases and to enforce payment.
( Answered by Mr. Birrell. ) The decision of the point named in the Question depends inevitably upon a variety of circumstances incidental to the particular case, and it would be, therefore, quite impossible to lay down any general rule in regard to it that would properly be applicable in all cases.
Religious Instruction in Schools
To ask the President of the Board of Education whether the school managers may make a separate arrangement, and pay the existing teachers for giving religious instruction for the forty-five minutes from 9 a.m. to 9.45 a.m.
( Answered by Mr. Birrell. ) The Question would appear to refer to the condition of things which may arise in future under the Education Bill; but it is impossible to give a reply on so general a question, which must always depend entirely on the circumstances of the individual cases.
To ask the President of the Board of Education if he can state the number of schools in England and in Wales in which there is no religious instruction.
( Answered by Mr. Birrell. ) I have no information beyond that contained in the Parliamentary Returns now being presented to Parliament.
Control of Motor Omnibus Traffic
To ask the President of the Local Government Board what powers of regulation and control over motor omnibuses and motor omnibus traffic are possessed by him.
( Answered by Mr. John Burns. ) The Local Government Board are empowered by Section 6 of the Locomotives on Highways Act, 1896, to make regulations with respect to motor cars on highways, and their construction and the conditions under which they may be used. Regulations under the section may be either general or local in character. By Section 7 of the Motor Car Act, 1903, they may make regulations dealing generally with the registration and identification of motor cars and the licensing of drivers. Section 12 of the same Act gives them power to prescribe the use and construction of heavy motor cars, including a power to make regulations as to speed. General regulations have been issued under these three sections applicable to motor omnibuses. Power is given by Section 8 of the Act of 1903 to prohibit or restrict the driving of motor cars on special highways, and by Section 9 to restrict the rate of speed within any specified limits or place.
Stock Exchange Gambling and Government Securities
To ask Mr. Chancellor of the Exchequer whether the Government is aware that, owing to the forced liquidation on the London Stock Exchange of trust securities such as Consols and Government stocks, and also of South African mining, railway, and other shares, mainly to meet gambling differences, the depreciation in the aggregate value of all those securities in comparison with their quotations previous to the Boer war has been estimated at about £800,000,000, and whether the Government will take some measure to protect bona fide owners and investors from a continuance of those forced liquidations, principally brought on by the agency of international bull and bear gambling in fictitious securities.
( Answered by Mr. Asquith. ) I am aware that the depreciation in the capital value of Stock Exchange securities in the period to which my hon. friend refers has been very considerable. Many different causes have contributed to bring this about; but I should not like to commit myself to the opinion that it has been due in the main to international gambling. In any case, I know of no means by which the Government could control such transactions.
Opium Exports from India
To ask the Secretary of State for India what has been the quantity of opium sold in India for export during the last four or five years; and whether a declaration was made last month in Calcutta, as is usual, as to the quantity to be sold during the next ensuing opium year, and the quantity so declared.
( Answered by Mr. Secretary Morley. ) In the four years ending 1905 the annual number of chests of opium sold in India for export was 48,000. For 1906 the number is 52,800. In June of this year an announcement was made that 52,800 chests would be sold in 1907.
Alleged Improper Seizure of Dead Pigs by Sanitary Authorities at Cookstown
To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether inspectors appointed by the city council of Belfast have been recently attending trains and examining dead pigs brought in from the country markets by Belfast firms; whether on the 7th instant four pigs which had cost top market price and had been passed by the market inspector were were seized out of Cookstown and condemned; whether the owner requested the inspector to give him a piece of the carcase which he considered diseased in order that he might be submitted to the Professor of Pathology in Queen's College, and was refused; whether, on the inspector making an application before Mr. Hodder, R.M., for an order to have the carcases destroyed, the owner was refused a hearing; whether the Professor of Pathology in Queen's College has since certified that the part of the carcase submitted to him was free from tuberculosis; and if he can say why Mr. Hodder, R.M., refused to hear the owner, and if Graham, the inspector who seized the pigs, has been appointed a sanitary officer by the Belfast Corporation; and, if so, has the appointment been confirmed and his duties prescribed by the Local Government Board.
( Answered by Mr. Bryce. ) I am informed that on the 7th instant Inspector Graham, a sanitary officer of the Belfast Corporation, seized four dead pigs as being affected with tuberculosis and unfit for human food. The inspector declined to give up any portion of the carcases until application for their destruction had been made to the magistrates. Mr. Hodder, R.M., the chairman of the Bench, adjourned the hearing for a few hours in order that the owners of the carcases might be professionally represented, and on the further hearing solicitors for the owners were fully heard. The magistrates ordered the destruction of the carcases, which were proved by two veterinary surgeons to be affected with tuberculosis. According to evidence produced by the owners, the highest market price had been paid for the animals. The owners were subsequently allowed to take portions of the carcases for examination by the Professor of Pathology in Queen's College, and it is understood that the professor found that tubercular disease existed. Mr. Graham has been appointed a sanitary officer by the Corporation of Belfast, and his appointment has been confirmed by the Local Government Board. The duties of such officers are not prescribed by the Board.
Lismore Salmon Weir
To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that at Lismore salmon weir on the River Blackwater, in the county Waterford, there is besides a killing hatch two dummy hatches or gratings which are kept closed instead of open during the weekly close time; and whether, in the interest of the salmon fisheries of the river, the Fisheries Branch of the Department of Agriculture will hold an inquiry as to the legality of these dummy hatches not being opened during the weekly close time, in view of the effect this fact is believed to have on the number of salmon which get into upper reaches.
( Answered by Mr. Bryce. ) The question of the illegality at Lismore Weir is not one which can be decided by the Department of Agriculture, but is a matter for the legal tribunals of the country, before which it can be brought by the local board of conservators or by any interested person who may be so advised.
Questions in the House
Questions
Cost of Battleships
I beg to ask the Secretary to the Admiralty whether he can give an approximate estimate of the relative cost of eight battleships in full commission, such as the Atlantic Fleet, and eight battleships with nucleus crews on board ready for mobilisation, under the system established by Lord Selborne's Memorandum, December 6th, 1904.
The Board of Admiralty are of opinion that it is not in the interests of the public service to give the information for which the hon. Member asks.
British First-Class Battleships
On behalf of the hon. Member for the Surrey Division of Guildford, I beg to ask the Secretary to the Admiralty whether he is aware that the Return, No. 129, Fleets (Great Britain and Foreign Countries), includes, as first-class battleships, seven French, and no German battleships launched prior to the National Defence Act of 1889; and whether the French battleships have been reconstructed and are being maintained, whereas, with the exception of slight alterations, the British battleships have not been reconstructed, and are not being maintained in a state fit to commission on the outbreak of war.
The figures given in the first part of the hon. Member's Question are correct, and I am informed that of the seven French battleships in question, six have been reconstructed, and the seventh is now in hand. As regards the eight British battleships referred to, the "Nile" and "Trafalgar" have been rearmed as far as their secondary armaments are concerned, and are now ready for immediate service if required. The remaining six are in special reserve and could be brought forward for active service in about six weeks.
Army Pensions
I beg to ask the Secretary of State for War whether his attention has been drawn to the fact that various boards of guardians have recently passed Resolutions to the effect that, in their opinion, the present system of paying Army pensions quarterly or monthly is a direct cause of thriftlessness and an indirect cause of pauperism among ex-soldiers; and, if so, will he consider the advisability of arranging for such pensions to be paid weekly.
My attention has been drawn to various Resolutions on this subject. The whole question is at present under consideration.
Norfolk Artillery Militia
* : I beg to ask the Secretary of State for War how soon the abolition of the Norfolk Artillery Militia will take place; and whether it is intended to convert the whole or a portion of this corps into ammunition train for the Regular Army.
There is no intention of abolishing the Norfolk Artillery Militia. It is intended that the Garrison Artillery Militia shall in future form a Field Artillery reserve.
Army and Militia Recruits
I beg to ask the Secretary of State for War what was the total number of recruits for the Army and Militia respectively enlisted in 1904; and how many of the recruits in each case were nineteen years of age and upwards on enlistment.
The total number of recruits for the Regular Forces in the year ending September 30th, 1904, was 42,642, of whom 21,154 were nineteen years of age or over. The number of recruits for the Militia for this period was 35,264, of whom 13,618 were nineteen years of age or over. The noble Lord will find all this information in the General Annual Report.
Native Execution in India
I beg to ask the Secretary of State for India whether he is in a position to give any explanation of the circumstances under which Udoya Patni, of Sylhet, in Eastern Bengal and Assam, was hanged under the orders of the Lieutenant-Governor, although his prayer for mercy had been transmitted by the Lieutenant-General to the Governor-General in Council, and the orders of the Governor-General, granting a reprieve, arrived after the execution had taken place; and whether he can state what action he has taken, or proposes to take in the matter.
I have nothing to add to the very full statement which I made on Thursday last. † I am in communication with the Government of India; it is their affair rather than mine.
Poppy Cultivation in British India
I beg to ask the Secretary of State for India whether his attention has been called to the fact that, notwithstanding Resolutions adopted by this House and assurances given by successive Governments that the area of poppy cultivation in British India should be materially reduced, the area under poppy in British India has been increased from 458,481 acres in 1893–4 to 642,831 acres in 1903–4; and whether, in view of these facts and of the Resolution unanimously adopted by this House on May 30th last, he will instruct the Indian Government to effect a substantial reduction in the area under poppy during the coming season.
The matter has already attracted my attention. I understand that owing to good seasons and the anxiety of the cultivators to take licenses for poppy cultivation and to utilise them to the full, the area under the crop has of late years increased without any active effort on the part of the Opium Department. Since 1903–4, however, there has been a material reduction, the area in 1904–5 being only 587,091 acres. I am in communication with the Viceroy as to the area for which licenses should be granted in the coming season, but at present I am unable to make a statement on the subject.
was understood to ask if a reduction could not be secured by lowering the price paid for opium.
That is a technical Question, of which I should like to have notice.
Indo-Chinese Opium Trade
I beg to ask the Secretary of State for India whether, in any communications which
† See (4) Debates, clx., 1046.
may pass between His Majesty's Government and the Chinese Government on the Indo-Chinese opium trade, after the adoption of the Resolution of the House of Commons on May 30th last, † His Majesty's Government will endeavour to give effect to the declaration of policy made by Lord Salisbury in the House of Lords in June, 1898, that Great Britain should invite China into paths of reform.
As I stated in this House on May 30th,† His Majesty's Government propose to ascertain in the first place exactly what the proposals and inclinations of the Chinese Government are, and secondly to see whether they can in some way meet those views. Invitation is unnecessary, if the Chinese Government have already taken up the matter. Otherwise, Lord Salisbury's remark that it is difficult to reform those who do not wish to be reformed, would apply.
Is it the intention of His Majesty's Government to take the initiative or to leave it to China to do that?
My hon. friend could not have listened to my Answer or he would have known that action has already been taken.
Arising out of the Answer to that Question, may I ask the right hon. Gentleman whether he will inquire of His Majesty's Minister at Pekin, whether there is any likelihood of the Chinese Government being able effectually to prohibit the growing of low-grade and, therefore, more deleterious opium in China itself; and, if not, whether the stoppage of imports of high-grade opium into China might not have a result the reverse of that which we all desire on humanitarian grounds?
said that before answering that rather complicated Question he must consult with his advisers and see what could be done.
Indo-Burmese Opium Trade
I beg to ask the Secretary of State for India if he will
† See (4) Debates clviii., 514.
grant a Return of the amount of Indian opium annually consumed in Burmah during the last thirty years; and whether, seeing that it is generally recognised that the use of the drug is opposed both to the national customs and religion of the Burmese, it is proposed to take any steps to lessen the consumption of it in that country.
I have no objection to granting the Return. The present arrangements for the sale of opium in Burmah are intended to lessen the consumption of it in that country, especially among the Burmese, and are being carefully watched. There are other races in Burmah whose customs and religion are not opposed to the use of opium.
Railways in Northern Nigeria
I beg to ask the Under-Secretary of State for the Colonies, with reference to the Crown Agent's letter to his Department, of 19th April, 1905, in which it was stated that, with the small amount of information then in the possession of the Government, it would be disastrous to fetter the future by taking any precipitate action in regard to the construction of a railway in Northern Nigeria, whether such further surveys have since been carried out as have placed all material information at the disposal of the Government.
The surveys proposed have not all been carried out, but the Secretary of State considers that he has now sufficient information to enable him to arrive at certain conclusions with regard to the construction of railways in Nigeria, and I hope shortly to be in a position to make a statement on the subject.
Population of Northern Nigeria
I beg to ask the Under-Secretary of State for the Colonies, with reference to Sir F. Lugard's statement, in his last annual Report, that the estimated figures of the population of Northern Nigeria bear striking witness to the devastation caused by war and slave raids, whether, before the construction of a railway in that protectorate is recommended, a careful estimate will be made, and laid before the House, as to the likelihood that a sufficient supply of labour will be available locally for the proposed cultivation of cotton.
Sir F. Lugard's statement does not imply that there would be an insufficient supply of labour for the cultivation of cotton in the districts suitable for cotton growing which would be traversed by the proposed railway to Kano. Large quantities of cotton are already grown in those districts, and it would seem from Mr. Weir's Report on the Railway Survey published in Cd. 2787 (page 178) that there is a large and industrious population, well accustomed to agricultural pursuits. Moreover, it should be borne in mind that the construction of a railway is recommended for reasons of military economy and administrative convenience as well as in connection with the cultivation of cotton, and the general development of trade.
Flogging in the Chinese Compounds
I beg to ask the Under-Secretary of State for the Colonies whether he is aware that a Government inquiry was held in the compound of the Cason Mine on June 15th last into the truth or otherwise of the affidavit sworn by Mr. Thomas Ratcliffe regarding the flogging of a Chinese coolie; that the inquiry was attended by the general manager of the mine and other persons connected with the Farrar group, together with the Government officials and five Commissioners of Police; that in the course of the inquiry coolie No. 277 stated, through an interpreter, that the compound manager and the Chinese controls intimidated him so that he swore untruthfully that he had not been flogged, but that the other affidavit which he had taken stating that he had been flogged was the true one; will he say whether Mr. Ratcliffe was discharged within a few hours of his having sworn the affidavit which was the subject of the inquiry; and whether he will state what steps the Government propose to take to protect the coolies and the white miners from undue influence exercised by the mine managers.
The following account has been received from Lord Selborne by telegraph: Inquiry was held June 15th by Mr. Showers, Commissioner of Police at Cason mine; Inspector Stewart acted as interpreter. Mr. Wilkinson, Inspector of Foreign Labour, was present: Mr. Cuthwaite and the manager and other representatives of the mine. In the course of very voluminous evidence Coolie 277 stated that he had been flogged and referring to his original statement which was to the effect that he had not been flogged, said: "I made a statement before the inspector of Foreign Labour. I was afraid to give a correct statement as I did not know that trouble might arise." It was on this inquiry that proceedings were instituted against Jimson which terminated, as stated in my telegram of July 7th, in a preparatory examination before the Magistrate being taken against Ratcliffe. In the case against Jimson, Coolie 277 returned to his original statement that he had not been flogged, and according to newspaper report of the first day of preparatory examination against Ratcliffe which is now adjourned till July 27th, he adheres very firmly to this statement, saying that everything he had said before the Commissioner of Police was false. Full report of inquiry by the Commissioner of Police left by to-day's mail. The Secretary of State has not been informed as to when Mr. Ratcliffe was discharged, and proposes to await the receipt of the report.
Is it true that the magistrate said something to the effect that Mr. Ratcliffe was guilty of perjury?
The evidence was that the testimony of the Chinese coolie, which was material, was not to be relied upon, as on three occasions he made diametrically opposite statements. I do not know whether the statement attributed to the magistrate was made by him, but it is the fact that when the coolie repudiated his original evidence the case against Jimson fell through and proceedings were commenced and are still proceeding against Ratcliffe.
Has coolie 277 no name?
said he had, but he did not know the name, nor did he think it would facilitate proceedings if he did.
Kaffir Labour Recruiting Licences
* : I beg to ask the Under-Secretary of State for the Colonies whether His Majesty's Government have given directions to Lord Selborne that licences to recruit Kaffir labourers for the mines are to be issued to all respectable and responsible persons; and, if so, what is causing the delay in the issue of such licences.
I understand that licences are issued to all labour agents in the Transvaal, who are respectable and responsible persons, and who recruit for definite employers. With regard to licences for recruiting in Portuguese East Africa I would refer the hon. Member to my Answer of yesterday to the Member for Bethnal Green South-West.†
Slave Trade in Morocco
I beg to ask the Secretary of State for Foreign Affairs if the police which are to be appointed in the coast towns of Morocco on the recommendation of the Algeciras Conference will have power to stop the public sale of slaves in those towns.
His Majesty's Government entertain no doubt that the police who are to be appointed in the coast towns of Morocco, being under the sovereign authority of the Sultan, will have power to carry out whatever instructions he may issue in regard to the prohibition of the public sale of slaves in those towns, and the attention of His Majesty's Minister will be called to this Question.
Are we to understand that the police are not under the control of the Foreign Ministers, but under the control of the Sultan?
If I remember rightly, the condition was that there were
† See (4) Debates, clx., 1330.
to be instructors appointed by the European Governments, but the force was to be under the control of the Sultan.
Commercial Agencies at Belgrade and Sofia
I beg to ask the Secretary of State for Foreign Affairs whether any steps are being taken to carry out the recommendations of His Majesty's consuls at Belgrade and Sofia for the establishment of a commercial agency and bank in those cities.
It has not been thought desirable to carry out these particular proposals respecting a commercial bank and agency.
Inspectorate of the Welsh Coal Field
I beg to ask the Secretary of State for the Home Department whether the special dangers of the South Wales coalfield requiring a strong inspectorate extend to that part of the coalfield situate in Glamorganshire and Monmouthshire in Mr. Martin's district; whether Mr. Atkinson will act as superintending inspector over the whole of the South Wales coalfield, or only over that portion of it comprised in the Swansea and Cardiff districts; and, if only over the latter, can he say why any distinction has been drawn between those districts and the Newport district in this respect.
* : No part of Glamorganshire is included within the southern district which is under Mr. Martin's charge. As regards the Monmouthshire mines, I understand that they correspond in character to the mines in the rest of the South Wales coalfield and the arrangements for their inspection will have to be considered when a vacancy in the southern district occurs.
I beg to ask the Secretary of State for the Home Department what additional cost to the Treasury is involved in the appointment of Mr. Atkinson as superintending inspector for South Wales instead of inspector for the Swansea district only, as originally intended.
* : The appointment of Mr. Atkinson to be superintending inspector will not in itself involve any additional cost to the Treasury. The additional expenditure involved by the new arrangements will be an allowance of £150 a year to the assistant inspector appointed to act as an inspector in charge of the Swansea District, and the salary of an additional assistant inspector to take the place of that officer, i.e., a salary of £300 a year, rising to £400.
Merchant Shipping Laws in the Channel Islands
I beg to ask the Secretary of State for the Home Degartment if he will state what action has been taken with a view to secure the extension of the provisions of the Merchant Shipping Laws of the United Kingdom to the Channel Islands.
* : I am in communication with the Insular Authorities and with the Board of Trade, and I am not yet in a position to make any statement.
Vaccination Prosecution at Chester-le-Street
I beg to ask the President of the Local Government Board whether he is aware that, in the prosecution of Mr. Dixon at Chester-le-Street police court, on the 4th instant, the public vaccinator stated that he was the private medical attendant of the defendant, that the child in question was not well enough in health to be vaccinated within the period provided by statute, that had he called at the home he could only have postponed the vaccination for two months, but that his scale of payment was not sufficient to recompense him for calling at the home unless he could perform the vaccination; whether it is the duty of the public vaccinator, in cases where, in his opinion, children are too delicate or too ill to render vaccination advisable, to furnish the parents with certificates of postponement; and whether he will take steps to see that such protection is afforded to parents in the Chester-le-Street Union.
It is the duty of a public vaccinator to postpone the vacci- nation of a child if, at the time of his visit, the child is not in his opinion in a fit and proper state to be successfully vaccinated. I understand from the public vaccinator referred to in the Question that he always adopts this course, and that he did not make the statement attributed to him as to the insufficiency of his scale of payment to recompense him for calling at the home unless he could perform the vaccination. He further states that in the particular instance mentioned his partner was Mr. Dixon's medical attendant, and that the child had been delicate until the age of about four and a half months, but was fit for vaccination at the time the father told him that he would have the child vaccinated by his own medical man.
Preston Post Office Staff
I beg to ask the Postmaster-General why the revision due to the Preston office in 1904 has not been brought into operation; and whether, if it is intended to withhold it till after the result of the present inquiry into the pay of postal servants is known, the revision will be based upon the needs of the office at that time or when the original revision became due.
Proposals to revise the indoor force at Preston were put forward in March 1905, but, the consideration of them was necessarily delayed by the prolonged inquiry which it was found necessary to make in connection with several important points. The inquiries are now practically completed and arrangements will be made as soon as possible for carrying out the revision, which will provide for the requirements of the office at the present time.
School Statistics
I beg to ask the President of the Board of Education if he will state the total number of certified efficient schools in England and Wales, together with the number of scholars in attendance; and in how many cases a guarantee has been required from the owners that they will maintain the school for five years.
The total number of certified efficient schools, not being public elementary schools, in England and Wales is 78. The average attendance is 6,171. It has not been the practice of the Board to require a guarantee from the owners as to the maintenance of the school for a specified period.
Regent Street Quadrant
I beg to ask the Secretary to the Treasury whether a petition, signed by the tenants of shops in Regent Street, has been presented to the Commissioners of Woods and Forests protesting against the design recently approved for the rebuilding of the Quadrant; and whether, having regard to the fact that all the petitioners are either lessees or occupiers of premises in Regent Street, and in view of the majority by which it is signed, he will undertake that their representations shall be carefully considered.
Such a petition as mentioned has been recently received and is now under consideration.
Ecclesiastical Commissioners—Licensed Houses in Lincoln
On behalf of the hon. Member for Lincoln I beg to ask the hon. Member for East Bristol, as Church Estates Commissioner, what is the number of licensed houses owned by the Ecclesiastical Commissioners in the county of Lincoln.
So far as is known, there are two public-houses on the Ecclesiastical Commissioners' Estates in the county of Lincoln.
Ecclesiastical Commissioners and the Sunday Sale of Drink
On behalf of the hon. Member for West Denbighshire, I beg to ask the hon. Member for East Bristol, as Church Estates Commissioner, whether the Ecclesiastical Commissioners, in leasing any place to be used as a public-house, or when assenting to the application by a tenant for a licence to keep a public-house, make it a condition that there shall be no sale of drink on Sundays; and, if not, whether they will do so in future.
The Ecclesiastical Commissioners do not make this a general condition. Fresh lettings for public-houses are rare and are not sanctioned by the Commissioners, except to meet the needs of the locality, when it is open to the licensing authorities to determine whether a six day or a seven day licence is required.
In Answer to a Supplementary Question Mr. Hobhouse was understood to say that the Commissioners largely trusted to the discretion of the magistrates to take into consideration any recommendations they made.
Appointment of Charity Trustees
I beg to ask the hon. Member for the Elland Division of Yorkshire, as representing the Charity Commissioners, whether, in making new schemes for the administration of charities, the Commissioners have ever arranged for the appointment of the whole or a majority of the trustees to be made by election; or whether it is the general practice of the Commissioners to arrange that the whole or a majority of such trustees shall be co-opted; and whether the Commissioners, with a view to securing the satisfactory and impartial administration of charitable trusts, will take steps, by some system of election, to secure the influence of public opinion being brought to bear upon the trustees.
In framing schemes for the administration of charities the Commissioners do as a rule arrange for the appointment of the whole or a majority of the trustees to be made by election. The Commissioners do take such steps as are indicated by the hon. Member, by the introduction, as a general rule, of trustees appointed by local authorities, and are sensible of the benefits thereby secured in the way of publicity and of responsibility, but they are bound to exercise careful discretion, for the reasons connected with the limits of jurisdiction in cases of large charities which I explained to the hon. Member in my Answer to him last week.†
Scottish Pupil Teachers
I beg to ask the Secretary for Scotland under reference to the Regulations for the Training of Teachers recently laid upon the Table of the House whether it is the meaning and intention of the Government that pupil teachers should, after December 31st, 1914, cease to be regarded as part of the staff of any school for grant purposes, or whether it is the meaning and intention of the Government to permit, after that date, pupil teachers to continue to be reckoned as part of the teaching staff in the same way as has heretofore been the custom in Scotland; and will pupil teachers, after 1914, be admitted to the training colleges under the same conditions as pupil teachers seeking admission before that date.
Subject to the exceptions stated in Article 71 of the Regulations, after December 31st, 1914, no teachers other than certificated teachers will be recognised as part of a school staff for purposes of grant. As the Regulations now stand, therefore, pupil teachers will cease to be regarded as part of the school staff at that date. But this date may be postponed in subsequent issues of the Regulations should that course be found desirable.
Will an amended Minute be laid on the Table?
There is no such intention at present. The subject will be considered at the end of the year.
asked how it was the status of pupil teachers was being altered by Minute and not by Act of Parliament?
I must have notice of that Question.
Portarlington Police Force
I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he intends reducing the police force at Portarlington; and can he say what reasons exist for maintaining two police barracks and a force of eleven policemen in a town of under 2,000 inhabitants.
I beg also to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that the police station at Ballybrittas, Queen's County, is only four miles from Portarlington, where there are two police barracks; and, in view of the fact that the Ballybrittas police station was originally established at the request of a local evicting landlord, whether he will consider its discontinuance.
I am informed that the police force at Portarlington station consists of seven men. The district attached to the station comprises not only the town, but also a large rural district, including Ballybrittas. There is not a second police station at Portarlington, but there is one at Kilmalogue, which is more than a mile distant and in another county. Four men belong to this station, to which a large rural district in King's County is attached. The Inspector-General considers that the force at both of these stations is necessary. The police station at Ballybrittas was abolished a year and a half ago, so that a reduction in the local police force has recently been made.
Irish Police Pensions
I beg to ask the Secretary to the Treasury why, having regard to the fact that Section 7 (2) of the Superannuation Act, 1887, deals only with cases where contributions are made out of money provided by Parliament, the pensions paid on account of soldiers who are inmates of Irish district asylums are reduced by a sum equivalent to the capitation grant claimable; whether this section has been held not to apply to the Dublin Metropolitan Police or the Royal Irish Constabulary; and whether he will give instructions that in future such pensions shall be paid in full without deduction, or that the total amount of the deductions made as a set-off to the capitation grant, roughly about £850 per annum, shall be placed to the credit of the Irish Local Taxation Account, out of which the capitation grants are paid.
The Treasury has been advised that a contribution paid out of the Local Taxation Account towards the maintenance of a lunatic is paid out moneys provided by Parliament within the meaning of Section 7 (2) of the Superannuation Act of 1887. It is therefore impossible for me, having regard to the provisions of that section, to give the instructions suggested by the hon. Member. The section does not apply to the Dublin Metropolitan Police or the Royal Irish Constabulary.
The Transvaal Constitution
May I ask the Prime Minister in reference to his engagement to do his best to have a statement and debate on the new Constitution to be granted to the Transvaal, whether he can tell us on what day the Estimates on which that discussion will be appropriate are likely to come on, and whether before they come on he would not think it desirable and right to furnish a brief Memorandum indicating the character of the Constitution and the general lines on which the Government propose to frame their Order in Council? The right hon. Gentleman will recognise the importance of the subject and the great difficulty of dealing with it adequately if we know nothing of the policy the Government intend to pursue.
I think some Papers will probably be published which will give a great deal of the information asked for. The date we contemplate for taking the Colonial Office Vote is July 31st. The right hon. Gentleman said that I would do my best, but it is a little more than that. It is better than my best. We have no other idea than that a full statement shall be made of the general principles on that day, but I declined yesterday to pledge myself for the simple reason that we have not yet seen the Report of the Committee. We do not know to what extent it may commend itself to us as furnishing a basis, and therefore I think it is safer not to come under an actual obligation, but, as I say, it is our full intention and expectation that it will come on.
I am much obliged. That is the last day of Supply, so that the proceedings would come to a conclusion at ten o'clock, and in that time we shall have to discuss the Transvaal Constitution and the merits and demerits of the Under-Secretary for the Colonies—two large subjects.
I think the opinion on the second of those is so general and so universal that it will not require much time.
Will the Prime Minister bear in mind that a large number of Members have expressed a wish that Chinese labour should be discussed before the present session ends. Is there not a danger of this subject being shut out by a debate on the Transvaal constitution?
I cannot say what topics will occupy the attention of the Committee. The only thing I have stated is that the Government intend to take that opportunity of making a statement of the general principle which will underlie the proposed constitutions for the Transvaal and the Orange River Colony.
Education (Provision of Meals) Bill
Special Report from the Select Committee, brought up, and read.
Report to lie upon the Table, and to be printed. [No. 267.]
Labourers (Ireland) Bill
Reported from the Standing Committee on Law, etc., with Amendments.
Report to lie upon the Table, and to be printed. [No. 268.]
Minutes of the Proceedings of the Standing Committee to be printed. [No. 268.]
Bill, as amended (in the Standing Committee), to be taken into consideration, upon Thursday, and to be printed. [Bill 312.]
New Bills
TEXTILE WORKERS (SATURDAY AND SUNDAY HOLIDAYS) (No. 2) BILL
"To prohibit employment between noon on Saturday and six o'clock on Monday morning in woollen, worsted, and silk factories, and in dyeing and bleaching and dyeing works," presented by Mr. Jowett; supported by Mr. Snowden, Mr. Steadman, Mr. Wardle, Mr. O'Grady, Mr. Hudson, and Mr. George Roberts; to be read a second time To-morrow, and to be printed. [Bill 313.]
Absent Voters (Scotland) Bill
"To facilitate the recording of votes at Parliamentary Elections in Scotland by fishermen, sailors, and other persons liable to habitual and necessary absence from their usual residence in pursuit of their calling," presented by Mr. Alexander Black; supported by Mr. Eugene Wason, Mr. Crombie, and Mr. John Henderson; to be read a second time upon Thursday, 22 nd November, and to be printed. [Bill 314.]
Education (England and Wales) Bill
Considered in Committee.
(In the Committee.)
[Mr. EMMOTT (Oldham) in the chair.]
Clause 37:—
moved an Amendment to make sub-section 1 read as follows:—" His Majesty may by Order in Council establish a consultative education committee under the Board of Education, to be called the Welsh Central Committee, consisting of members appointed by the councils of counties and of county boroughs and of boroughs, provided that the President of the Board of Education shall be responsible to Parliament for any act of the Welsh Central Committee done in the exercise of any of the powers of the Board of Education delegated to the committee under this section, and shall have full control over the committee in respect of the exercise of such powers." The proposal contained in the Amend- ment, he said, was one which he ventured to think it was possible to discuss in a conciliatory spirit and without heat of any kind. There had been a conference in Wales at which representatives of different opinions were present to discuss the whole question of the practicability of a Council for Wales. It certainly seemed a reasonable expectation that the same tone which characterised the proceedings of the conference might also be introduced into the debate in this House. The first observation he had to make was that the scheme came before them in a skeleton shape, which was a serious objection. In the very limited time at their disposal they were not to have the advantage of discussing any details of the scheme. It was difficult to see, if this slipshod method of legislation was appropriate and reasonable in the case of Wales, why the Government might not have evaded the very real difficulties which had been embarrassing them for some time by dealing with education in England in the same manner. It was recognised, however, that such a method would be neither constitutional nor convenient, and one explanation only had been put forward of the extraordinary tactics the Government had thought proper to adopt in the case of Wales. The President of the Board of Trade put the justification entirely upon the ground of the unanimity in Wales on the subject of their educational requirements. If there was any real unanimity amongst all denominations in Wales, not merely as to the principle of the proposal, but also as to the immensely important details involved in it, the only right of any Member who was not a Welsh Member to intervene in the debate would be from the point of view of the English taxpayer. From what the President of the Board of Trade had said, one would gather that under him Wales was more unanimous than it had been since the days of Llewellyn. While acquitting the right hon. Gentleman of any intention to mislead the Committee, the claim for unanimity as he put it forward was as misleading as any such claim could be. There was not, and never had been, any such unanimity in Wales, and the Liberal representative of Canarvonshire said at the conference at Cardiff—
"It is useless to pass a general resolution in favour of the scheme when you have no details before you."
That was the Liberal and Nonconformist opinion. The right hon. Gentleman said at that conference—
"So long as we talk about general principles it is very easy to get agreement, but as soon as we try to form a practical plan we find everyone criticising us from every point of view."
It was vaguely alleged that the Anglican and Roman bishops were also unanimously in favour of this proposal The fact was, however, that the Bishop of Llandaff said—
"We want more information. There are important details which we must consider. It is a serious matter if all the powers in the Board of Education are to be vested in an elective body."
The Bishop of St. Asaph said—
"I advise we should hasten slowly, and that a committee should consider the whole matter."
The Bishop of St. David's said—
"This resolution does not go far enough into detail to allow me to commit myself."
Whilst the representatives of voluntary schools who attended that conference were no doubt unanimously in favour of some such proposal as that introduced in the last Parliament or provided by his Amendment, they were not prepared to pledge themselves to the details of this Bill until they were before them, as they ought to be before the Committee of the House of Commons. It was a fact, moreover, that Mr. Lewis Morgan, a Conservative, moved and carried an amendment at he conference providing for an appeal, as in England, to the Board of Education, and not to a national council, and it was on the strength of that resolution such unanimity as was forthcoming was obtained.
That was the second conference.
said that was so, but the importance of the amendment was not diminished by that circumstance, and he wanted to know whether or not the Government were prepared to adhere to the sense of the Amendment. If so, and if such amendment were found to be workable, then a very strong ground of denominational objection would be removed. He was sure the right hon. Gentleman the President of the Board of Trade would take an early opportunity of enlightening them upon the matter. A still more important duty was thrown upon the Committee, that of eliciting some elucidation of the all important details. It was clear the Government had not given the slightest attention to the proposal, indeed he was driven to the conclusion that the Minister in charge had not made the investigation of which the Minister for Education spoke when introducing the Bill, or satisfied himself, not as to the broad principles, but as to the feasibility of working them in practice. The President of the Board of Trade was the only Member of the Cabinet in favour of this proposal. The right hon. Gentleman laughed, but in the course of his speech at the Cardiff Conference he remarked—
"If the conference does not pass the resolution, there will be joy among eighteen men in the Cabinet."
Was it suggested that the eighteen men in the Cabinet would rejoice at losing a part of the Bill which they considered to be of some value? It was not without significance that the right hon. Gentleman told the conference that all his colleagues in the Cabinet would rejoico if only they could get rid of that part which dealt with Wales.
The Bill was not in existence then.
remarked that if the proposal for the Council was not in existence, he would like to know what became of the sanction supposed to be given to it by the conference. There was really only one argument of principle used throughout the conference in favour of the proposal. The right hon. Gentleman said—
"All we ask is that we shall be able to co-ordinate the branches of education in Wales. We have complete control of secondary education and also of higher education, but primary education is controlled from Whitehall, so far as administration is concerned. It is important to us all that they should fit in."
The real fact, of course, was that Wales had in intermediate education only, the same degree of independence as his Amendment would give her under the Bill. She never had possessed anything like the same wide and dangerous independence in respect of intermediate education as would be given to her by the proposal of the Government to-day. The only existing difference between Welsh and English secondary schools was that Welsh schools, under the preferential provisions of the Welsh Intermediate Education Act received a Treasury Grant over and above any which was available for the use of English intermediate schools. But the futility of any comparison between Welsh intermediate and elementary education, from the point of view of the Government's proposal, became immediately obvious when it was known that the former affected 10,000 children and the latter 400,000. The most casual observation of the two schemes showed that no argument drawn from the one possessed the slightest value when raised to reinforce the establishment of the other. Nor could any analogy be found in the Welsh Central Board, which really only discharged advisory functions under a delegation from the Board of Education and under conditions which furnished the strongest possible security for the constant exercise of Imperial control. The functions exercised by the Welsh Central Board were comparable to those delegated by the Board of Education to the English Universities in respect of English secondary schools. Summing up this branch of the argument he might claim broadly that since the Act of 1902, which of course applied to Welsh secondary schools, those schools were provided by the authority, aided by grants and subsidised by the Treasury. Over their expenditure and their management the control of the Treasury was constant and direct. The most serious objection to the proposal was the constitutional one. He would like to ask the Minister for Education where was the administrative responsibility to be assigned for the acts of this Welsh Council, and by what detailed steps did he propose to make that administrative responsibility effective? Was a system of checks and balances to develop somehow by a process of physiological evolution? One Welsh Member had said—
"There will be a Minister responsible for the estimate. It will be necessary to create in some form a Welsh Department. Wales must have a Minister whose position will be analogous to that of the Secretary for Scotland or the Chief Secretary for Ireland."
Was that spokesman authorised to make himself the mouthpiece of the Government in making that declaration? Were these some of the incidental details to be filled in afterwards? They were wilfully destroying by this Bill the only possible means by which the control of the Board of Education could be made effective. They were destroying the inspectorate staff, and how could they anticipate an effective control by the Board of Education when it had no independent information, when the whole interest of the Welsh Council was obviously to save the ratepayers and exploit the taxpayers, and the only representative whom they could claim to have in the House would be some official who might not be able in the slightest to control the acts of a body with strong and definite opinions which arrived at its decisions by a majority vote? The hon. Member for the Swansea District had said at the Conference that the Council would have nothing to do with the management of elementary schools, that it would have no power to deal with religious instruction or any of those matters which had been the subject of heated controversy in the last few years, and that there was nothing in the clause to give the Council the right in any way to interfere with the trust deeds or managers of any voluntary schools in Wales. To test these generous assurances he would only ask whether the Minister for Education was prepared to make himself responsible in the House for the conduct and decisions of the Welsh Council acting by a majority and constituted as was apparently contemplated by the Bill? Would anyone suggest that pandemonium would not follow in England, if for a permanent body like the Board of Education they were to substitute an elective body? What would be the difficulties of the House in connection with the Budget? There was another serious point to be considered, and that was the interests of those churches and schools in Wales which did not possess to-day any representation in the House. How far was the right hon. Gentleman prepared to accept Amendments with the view of securing the protection promised to them? Various questions of an administrative character presented themselves. It was all very well for the right hon. Gentleman to say in a spirit of very novel conciliation that he undertook to give protection for denominational teaching, and that none of their religious differences should go to the Council. But the Government had failed to see how perversive these religious differences were. Who, for instance, was to decide whether the schools were adequately staffed? He contended that such decision must rest with the Board of Education if denominational interests were to receive adequate protection. He would also like to ask the right hon. Gentleman whether it was proposed that the Council should be the judge as to whether an individual school was necessary or not, or was there to be an appeal on that point from the Council to the Board of Education? Again, in connection with training colleges under the Bill, it would apparently be in the power of the Welsh Council to sweep away the denominational character of training colleges altogether. Many Welsh churchmen were anxious to be informed whether the power to deal with these training colleges would be one of the powers devolving upon the Council or whether it would devolve upon the Board of Education. He would also like to be informed how the proposals of the Government would affect Section 15 of the Act of 1870. That stern sense of duty which led so many of the right hon. Gentleman's supporters into an unpleasant predicament under the Act of 1902 would still be active under the Bill.
There are no passive resisters in Wales.
said the right hon. Gentleman would concede that this was because their place had been taken by active resisters. Further, he wanted to know whether or not it was proposed in the future, assuming that the objections experienced by highly developed consciences against Clause 4 became troublesome, to apply constraint by the Board of Education or by the Council. The Education Authorities' Default Act had not been included in the schedule as being repealed by the present Bill. He apprehended that on the principle of setting a thief to catch a thief the Council would be empowered to exercise it at the expense of a recalcitrant member. The powers under the present Bill were of the greatest possible importance. There were the following most important appeals to the Board of Education and he hoped the right hon. Gentleman would say whether those appeals would continue to be to the Board of Education, or would be assigned to the newly created Council. In the first place there was the approval of the arrangements under Clause 2, appeals under Paragraph (a) Sub-section (1) of Clause 2; appeals and administrative action under Clause 4; regulations under public inquiries under Clause 13 (3); decision as to who were owners under Clause 13 (4); powers under the Government Amendments to enable the Board of Education to compel transfers under Clause 2. He wished to know whether the President of the Board of Trade had considered the constitutional difficulties which presented themselves. Were they going to perpetuate an appeal to the Board of Education on all those points? Under Article 10 of the Code the appellate tribunal was authorised to decide whether a new school was wanted, whether existing premises were suitable, or whether the existing schools ought to be continued. What was the administrative machinery which informed the appellate body? The only machinery of the kind was that very Board of Inspectors which they were going to destroy. What he wanted to know was how were they going to set up an appellate body in the shape of the Board of Education when they had taken away every source of information by the aid of which they could discharge their appellate function and without the constant presence of which they could not discharge those functions or any analagous functions in the future. They would be told that it was not necessary for them to assume that all those powers would not be exercised in anything but a charitable and considerate way towards minorities, and that it was malicious and petty to assume that the decisions of the Welsh Council would be actuated by bitter prejudice against the voluntary schools of Wales. If that objection was made they might reasonably ask, not in any spirit of bitterness, what was the position taken up by those very bodies who were now to constitute the new Council in Wales? What was the spirit shown by those bodies when they acted both separately and together during the last few years? They could not, for instance, forget a resolution which was moved at the Llandudno Conference of the North Wales Education authorities in 1902 by Mr. E. R. Davies in the following words—
"That this Conference heartily commends the action of those local authorities which have warned the Government that they would decline to administer this unpopular and oppressive measure if forced upon the country, and that this Conference hopes this example will be followed generally by other authorities throughout the country."
If there was any single right which directly or indirectly placed the rights of denominational schools at the mercy of those who were responsible for this intolerant policy and who held this lawless and insolent language, then this proposal was impossible in any shape or form. They could not forget that the President of the Board of Trade himself in the course of that agitation, in May, 1903, moved a resolution to the effect that until the Education Act was amended Welsh Councils should refrain from applying rates to the support of all such schools. He submitted to the Committee that if that was the spirit which animated the shepherds of the people, some little apprehension might be felt in regard to the sheep, more especially in a fold in which the right hon. Gentleman would not be present. Conciliation to be persuasive must be a plant of mature growth and the right hon. Gentleman's antecedents exposed him to no little suspicion. With every desire to hear what the President of the Board of Trade had to say upon those suggestions, he claimed to have shown that the Government had not given that degree of attention to the administrative difficulties involved which the Committee had a right to demand. Nothing whatever, up to the present, had been placed before the Committee which would enable hon. Members to satisfy themselves that Parliament was retaining any direct or efficient control over the expenditure of public money by this new Council. Whilst the right hon. Gentleman the President of the Board of Trade and those who agreed with him declared that they were anxious to protect the Tights of minorities in Wales, the Government had not given the slightest indication of any contemplated action except by rhetorical eulogies of the quality of charity, and certainly they had not attempted to work out their pledges in detail. It would not be possible to develop those protective clauses in practice unless they reinforced the Board of Education by a staff of inspectors without the informative assistance of which the exercise of appellate duties was impossible. He begged to move.
Amendment proposed—
In page 20, lines 16 and 17, to leave out the words "central education authority for Wales, to be called the council for Wales," and insert the words "consultative education committee under the Board of Education, to be called the Welsh Central Committee."
Question proposed, "That the words proposed to be left out stand part of the clause."
said that perhaps the Committee would allow him to intervene at this stage of the debate. The hon. and learned Member for the Walton Division of Liverpool had reviewed the whole of this clause and its proposals, and it was an advantage that he had done so at the very outset, because that would enable him (Mr. Lloyd-George) to cover most of the ground and point out at once in what respects the Government were prepared to meet those criticisms. He would deal first of all with the historical part of the hon. Member's speech referring to the origin of the clause. He did not complain generally of the statement made by the hon. and learned Member, but he pointed out that at the time of the first conference, representative of all creeds, this clause was not in existence. The Bill had not been produced, and therefore he could not have said that the Cardiff conference was in favour of a Council for Wales. The hon. Member, however, was himself in favour of a council of this kind, provided that the administrative details were satisfactory. In that respect the hon. Member represented the vast majority of the Conservatives in Wales. He did not mean to say that every Conservative and every Churchman viewed with approval any sort of council. It would be too much to ask that there should be absolute unanimity in any country on any particular proposal; but here they had a representative conference at which were present two Anglican Bishops, two Roman Catholic Bishops and the majority of the Conservative candidates for Wales. A Resolution was unanimously passed in favour of a National Council for Wales to aid and supply education of all kinds, primary, secondary, and higher. The Resolution was carried in this form on the suggestion of the Bishop of St. David's. He did not think that any country could go further in the way of unanimity than Wales did upon that occasion. It was no doubt the case that there had been considerable exacerbation during the conflict of the last three or four years; but the remarkable zeal on the part of the Welsh people for educational efficiency induced this representative conference to meet and to pass this Resolution unanimously. As a Welsh Member and as a Member of the Government, all he asked was that the Committee should not thwart the unanimous desire of the Welsh people on this question, so that they might be able to meet hon. Members and others reasonably in matters wherein they had good ground for criticism. He would also point out that there were two powerful organs of Conservative opinion in Wales—the Western Mail —he did not think there was an abler paper in the whole country—and the Swansea Post, a halfpenny newspaper with a considerable influence. The two daily papers representing the Unionist Party in Wales supported this proposal. The first conference was held before the Bill had been prepared; but a second conference, representative of Welsh education authorities, was held in June, and expressed its approval of the establishment of a Welsh National Council for Education. The Resolution was proposed and seconded by supporters of the Conservative Party, and was carried with only four dissentients. That Resolution was moved by a Conservative and seconded by a Conservative, and had many Conservative supporters. That showed that this was not regarded as a political question in Wales. When the hon. and learned Member quoted from the speeches of his opponents he ought not to take half a sentence and leave the rest. The statement that the Cabinet would rejoice if the scheme were dropped was made to suggest, not that the Cabinet were opposed to the scheme, but that they were anxious not to overload their Bill. He had no doubt that those quotations were supplied to the hon. and learned Member, and therefore he was not altogether responsible for the imperfect condition in which they had been placed before the Committee. The hon. and learned Member was wrong in saying that in regard to intermediate education there was no autonomy in Wales. Autonomy was complete, and it had been an unqualified success. There was no country in Europe which had made such sacrifices for secondary education as Wales. Some Welsh counties had surpassed even Prussia, and in the matter of rating and voluntary contributions their grants in proportion were very much higher. Wales had rated herself more highly for primary education than Scotland. While in England the whisky money was used for a long time in relief of rates, the Welsh counties had applied the whole of the money to building up their system of secondary education. The result was that, while secondary education was in England largely a matter of class, in Wales 8,000 out of the 10,000 children in the secondary schools came from the elementary schools. Colleges like that at Bangor—to which there was no parallel in the poor districts of England—had been founded by the voluntary contributions of quarrymen and agricultural labourers. The country that was doing that had some claim to come to the House of Commons. He put forward this proposal for a Welsh Council frankly and sincerely on educational grounds. There was an idea that, Wales wanted to set up some sort of infernal machine for the purpose of blowing up the last remnant of denominationalism. If that were done it would be done by means of the county councils. It was not the object of this proposal, he could assure the Committee. As long as educational powers were given to this National Council, he would prefer that no powers should be given by which the religious controversy could be introduced into the Council's deliberations. The success of the Welsh University colleges was attributable to the fact that the religious controversy had been kept out. Any power which would allow the Council to wrangle about religion would destroy its efficiency from the outset. He should welcome any help in eliminating the virus of this religious controversy from the system of Welsh education. As to criticisms of detail, the first Amendment dealt with the question of control. He was not afraid of control, and, if it was felt that real and effective Parliamentary control ought to be retained, he was perfectly willing to agree to Amendments with that purpose. He could not accept the Amendment the hon. and learned Member had moved, because it reduced the Welsh Central Committee to a consultative body. They might cut down the functions of that body if they liked, but they should be administrative functions. He would be prepared to accept the principle of the hon. and learned Member's Amendment on the Paper, which provided that—
"The President of the Board of Education shall be responsible to Parliament for any act of the Welsh Central Committee done in the exercise of any of the powers of the Board of Education delegated to the Committee under this section, and shall have full control over the Committee in respect of the exercise of such powers."
He accepted both of those conditions fully, but he did not think the responsible Minister should be the President of the Board of Education. He thought there ought to be a special Department dealing specially with this body. That would involve a considerable modification of the clause, and it would be a considerable concession to hon. Gentlemen opposite. It meant that there should be a Minister who would be answerable to the House for everything that was done by the Welsh Council in the exercise of its delegated powers, and who would have full control over that Council. He thought there would be no difficulty in appointing a special Minister with a special staff. He might be a Member of the present Ministry holding the office of junior Lord of the Treasury or some other office. The power he would have would be the power of the purse. He would be responsible for the grants. In regard to this matter there was an Amendment on the Paper in the name of the hon. Member for Blackpool, to provide that—
"The Board of Education shall continue to have power to inspect during the hours allotted to secular instruction all Welsh schools in receipt of Parliamentary grants, and shall annually prepare and lay before Parliament a statement of the sum which, in the opinion of the Board of Education, it is desirable that Parliament should grant in respect of education and science and art in Wales."
That meant that the financial responsibility would rest upon this Minister. He could not accept the Amendment in this particular form. What he contemplated was that the Minister should have financial responsibility and financial control. He would also have power over the Code. The Code might be prepared by the Council, but it could only be passed by the Minister, and he would be responsible for it. In this regard the powers of the Council would be consultative. What the hon. Member wanted was that there should be complete responsibility vested in Parliament for this Code; that the Code should not be prepared by the Council, and that financial responsibility for it should not be vested in the Council. He thought that was a sound doctrine. After all, finance depended on the Code. It was quite clear that the Minister who was responsible to Parliament should not part with that power, and therefore he proposed to accept, on behalf of the Government, the substance of the Amendment, and to provide that the Minister should prepare annually this statement and prepare it on the basis of inspection and on the basis of the Code, for which he would have complete responsibility. With regard to the question of appeal, the hon. and learned Member for the Walton Division of Liverpool had catalogued the subjects on which he considered there ought to be an appeal from the Council in Wales to the Board of Education. He would like to know whether the hon. and learned Member's view was not modified by the fact that there would be a Minister responsible to the House. The hon. and learned Member had placed upon the Paper the following Amendment—
"No power or duty of the Board of Education shall be transferred to the Welsh Council which affects denominational interests or religious disputes or, in particular, any of the following matters:—(1) The approval of the plans or site of any elementary school which it is proposed to take over under Section 5 of this Act; (2) the placing of any such school on the annual grant list under Article 27 of the Code; (3) any decision as to whether any such school or any transferred voluntary school is necessary under Article 29 of the Code; (4) the inspection of any transferred voluntary school and any decision as to whether any such school is maintained at a satisfactory level of efficiency, due regard being had to the condition of other schools in the area, or as to the compliance of such school with any articles of the Code relating to efficiency; (5) the decision of questions arising under Section 18 of the Elementary Education Act, 1870, so far as they concern any transferred voluntary school; (6) the making of regulations for training colleges and secondary schools; (7) the making of a code of regulations for such public elementary schools as are transferred voluntary schools or Stateaided schools—nor any power of control which the Board of Education shall exercise in respect of State-aided schools, nor any power or duty of the Board of Education arising under Sections 2, 4, 13, Sub-sections 3 and 4, of this Act, nor any power or duty exercised by the Board of Education as successors of the Charity Commissioners, or otherwise in respect of educational charities."
In regard to sub-sections (1), (2), and (3), there was no appeal under the Bill in England, and therefore he did not see why there should be an appeal from the Welsh Council to the Board of Education. Sub-section (5) dealt with the question of unnecessary schools. That was an important matter. He quite understood that hon. Members opposite and their friends in Wales might not be disposed after the recent controversies to trust the Council to decide the question whether a voluntary school was a necessary school or not. He proposed, in a case of that sort, that the appeal should go to the Board of Education. With regard to facilities under Sections 2, 4, and 13 of the Bill, he quite admitted they could hardly ask that, at the present moment, hon. Members opposite should feel absolute confidence in matters of that sort in the Council; and, therefore, they agreed that in cases of that kind it would be desirable that the appeal should go straight to the Board of Education rather than to the new Council. There was a very good defence for such an appeal. In one instance prior to the last Act the salaries paid by the voluntary school managers amounted to £460, but after the Act these salaries were raised to £600, which was not a bad increase in the course of eighteen months. The religious bias had been introduced not by the parish councils but by the Board of Education. As to the question of a sufficient and suitable staff, surely that would not arise. If this Bill became an Act, there would be no voluntary schools. They would all be council schools, and all the teachers in future would be teachers of the council, and there was no reason, therefore, why they should cut down the staff of one school and increase it in another school. The hon. and learned Member did not seem to think that the Board of Education could very efficiently consider these appeals or administer its appellate jurisdiction after it had parted with so many of its powers to a Council in Wales. He did not see why that should be so at all. The only feeling he had got about the whole matter was this. They had been able to carry, he thought he might venture to say, 80 per cent. of the Churchmen and Conservatives of Wales with them in their attempt to set up some sort of local autonomy for primary education in Wales. These Churchmen and Conservatives, who had been devoting their lives to building up their primary and secondary education, were coming in to help them in this matter. They had appealed to the Government for these safeguards. The Government felt they had a right almost to demand them now that they had come in, and would co-operate with them. He felt it was better for them to get an inferior machine, with limited powers, which practically the whole of the people would work from the beginning with a whole heart, without any fear and without any suspicion, than to get a more perfect and more complete machine which half the population would regard only with distrust. That was the reason why, in response to the appeals made to them from Wales, and to the appeal which had been made so effectively by the hon. Member opposite on behalf of such large numbers in Wales who were not represented in the House, the Government were prepared to meet the case in the manner he had indicated.
said that no one who had listened to the speech of the right hon. Gentleman would deny that it was intended to smooth away difficulties and to conciliate opposition. He was not prepared to deny, without a much closer examination of the proposals than he had been able to give to them, that many of the fundamental objections which he had to Part IV. from the constitutional point of view had been modified by the announcement of the concession the Government were prepared to make. But that fact ought not to blind them to the extraordinary, the almost monstrous—certainly the unexampled—treatment which the Committee and the House had received from the Government, not now for the first time, and not in connection with this Bill alone, in regard to their powers of discussing great and vital changes. They were now working under extraordinary rules, devised for the purpose of this particular measure. If they had been in their ordinary condition of freedom, it would have been his duty, as Leader of the Opposition, to move to report progress, as far as this clause was concerned, in order that the Committee might have time to consider the changes which had been introduced. He was precluded, and the Government knew he would be precluded, from taking any such step on the present occasion. It was, then, incumbent upon the Government as guardians of their debates to give the Committee full notice of the proposals which they intended to make. The Government had had this clause before them for months, and they were perfectly familiar with the general character of the objections which the Opposition had to it in the shape in which it appeared in the Bill. Before the Second Reading he himself called public attention to the fact that the clause conferred administrative and legislative Home Rule on Wales. That was their first objection; and the Government knew the second objection they felt to the clause. Those who followed the action of the Welsh opponents and critics of the Bill of 1902, and not least that of the right hon. Gentleman who spoke to the Committee in such mellifluous accents just now, knew that they had gone beyond the verge of legality in their attempt to destroy, or to minimise, the effect of the Act of 1902. They were justified, therefore, in looking with the extremest suspicion upon any proposal which handed over to a Welsh central body powers to do legally that which these gentlemen had endeavoured to do illegally. The Government being fully seised of the two main objections they felt to the proposal, what was the manifest obligation upon them? Was it to wait until, under the closure, they had but a few hours to discuss the Bill and then to throw at their heads across the floor of the House—and not even in manuscript—a general idea of the Amendments they proposed to introduce? Was it not rather their bounden duty, at the very earliest moment, as soon as they had grasped the character of the Opposition's objections, and had made up their minds what they intended to do to meet those objections, to put down their Amendments on the clause, and let the Committee see how far the wishes of the Government and of the Opposition could really be made to harmonise on the basis of the policy now sketched out by the right hon. Gentleman? But that was not what they had done; what they had done was to allow the Committee to go on discussing the other clauses, to leave the Paper of Amendments absolutely innocent of the smallest hint or suggestion of what they were going to do, and then at the last moment, late in the afternoon of the day on which the closure fell on this clause, to announce a new policy which was not even hinted at in the clause, and with the air of conferring an enormous boon upon the House and country, the Committee in general and the Opposition in particular. If embodied in a Bill the new proposal would require a First and Second Reading and Committee stage; it would occupy long debates in the House, legitimately and necessarily and not under the closure or the highly artificial conditions under which the debates were now carried on. What was the new proposal? It was not merely to give a central authority in Wales for primary education, but for all sorts of education, and to create a new Ministry. The right hon. Gentleman talked in an airy way of some of his colleagues taking up the duties of this Welsh Minister. He did not know which members of the Cabinet had so leisured an existence that they could add to their duties the further duty of dealing with Wales. If the President of the Board of Trade were to be the Minister selected, he did not know whether the right hon. Gentleman's duties were of so light a character that he could gladly add to them the superintendence of education in Wales, and of the necessary staff which would have to be created. Perhaps it was one of the able gentleman now in subordinate place to whom the duties would be allotted. However that might be, or whether the post was given to a new Minister created for this purpose, as he thought ought to be the case, it was an enormous change. It involved a new office, a new occupant of the Treasury bench, and the creation of a staff. He would not say a great staff, but an important staff, for the Minister would require skilled advisers and a body of inspectors, without whom he would be not the controlling spirit in dealing with Welsh education, but the mere servant and mouthpiece of the new Welsh authority. Was ever such a thing heard of in the whole history of the British Parliament as that, without notice, without preface, without offering any excuse, the Government should come down—
And accept Amendments moved by the Opposition.
Which Amendment is there about a Minister? The right hon. Gentleman's interruption was peculiarly infelicitous. Because, supposing one of his hon. friends behind had made that suggestion, the right hon. Gentleman knew very well that a suggestion made by a member of the Opposition acting on his own behalf and independently was not a sufficient notice to the Committee that a great constitutional change was going to be accepted by the Government. Therefore, even if one of his hon. friends had made this proposal, it would not diminish by an iota the gravity of the charge. But as a matter of fact no such Amendment was on the Paper. Never until the right hon. Gentleman got up had it been breathed that a new paid member of the Government, a new staff, a new office, and new duties were going to be set up for a portion of the United Kingdom, a new Minister dealing with Wales as a whole and with no other part of the United Kingdom. That, whether right or wrong, was a constitutional change of the utmost gravity and moment. And when they had got their Minister for Wales, did they think he was going to be confined to education? Did the Welsh Members want him to be confined to education? Of course they did not. He was not discussing the question of Home Rule at all, but this was the beginning, and he did not think the right hon. Gentleman would deny it, of a new system under which Wales was to bear the same relation to this House and to the other parts of the United Kingdom that Ireland or Scotland bore.
* said they wished to avoid in Wales that very condition of Ireland—that was the object they had in view.
said he was talking, not of the hon. Gentleman's objects, but of the Government's plans. The plan of the Government, unquestionably and admittedly as far as education was concerned, and he thought potentially as far as other administrative work was concerned, was to put Wales in the same general relation with the United Kingdom as Scotland and Ireland were in now; in other words, with an administration of its own, dealing with its own affairs, responsible to this House—not, therefore, embodying the scheme of Home Rule, but entirely altering the status of Wales and its relations to the United Kingdom. That might be good or bad, it might commend itself to Welsh Members, and might not meet with violent opposition from British Members, but would any human being deny that it was a change of the utmost gravity, a new departure the magnitude of which it was almost impossible to foresee? Yet it was to be considered under the closure, without the direction of a First or Second Reading, without the country having been consulted, or even Parliament. Let them look at the Ministerial Benches; they were somewhat fuller now than when the right hon. Gentleman spoke, but still only scantily attended. It was in these circumstances that, without the smallest warning, this amazing statement of policy was made by the Government. The minor aspects of the right hon. Gentlman's speech he deliberately avoided touching on—the question whether the machinery provided for protecting the interests of minorities, and for safeguarding the interests of education was adequate or not. He took his stand and based his objection on the unexampled way in which the Government had treated the House on this question as a whole. Never before had such a proposition been made under such circumstances. It was thrown at their heads within five hours and a half of the moment when all discussions must cease, before a House of Commons which knew nothing of the proposal beforehand. That was a deliberate insult to the House, which no other Government in his recollection had ever dared to inflict.
): What about the last few years when you were in office?
Let the right hon. Gentleman interrupt. During the ast few years when I was Leader of the House, show me an instance in which I ever attempted in this way to check discussion. Show me a case in which I came down in the middle of a gagged Bill and told the House that they were to accept a new scheme for redistributing the governmental powers in connection with the constituent parts of the United Kingdom. No such parallel exists. Can the right hon. Gentleman tell me if there is one?
There were changes in the Act of 1902 that were never even discussed at all—which were carried by the closure.
I daresay there were, Sir.
And a good many too.
Not comparable to these changes.
Much worse.
Not comparable to the changes you have already introduced without discussion. Did we take the Act of 1902 and make it the framework for remodelling the constitution of the British islands? Did, the right hon. Gentleman went on to ask, the late Government make these great changes without giving any warning to the House at all, without giving notice of what they were going to do? Never, never; no such precedent could be found either in the late Government or under any other Government. [An HON. MEMBER: Mr. Gladstone's.] Mr. Gladstone would have shuddered. He knew, of course, that they were helpless in the matter, not merely because they were a minority and a small minority, but because the Government had chosen to make this proposal under conditions which took from them even the ordinary Parliamentary weapons which a minority, however small, ordinarily possessed. The Government had them in their grasp, he granted it. But whether it was to the honour and credit of the House of Commons or whether the proper conduct of legislation in the future would be furthered by proceedings of this sort, he left it to the Gentleman who had interrupted him to consider carefully in his leisure moments. As far as he was concerned, he could do no more than enter his protest in the strongest manner in which it was competent for him to do.
said the right hon. Gentleman had sought, and successfully sought, to raise the temperature of a hot afternoon by a speech in which he ventured to say in all his experience he did not think he had ever seen an artificially engendered passion torn into more minute and infinitesimal tatters. And what was it all about? "Such an insult," the right hon. Gentleman said, "had never before been offered to the House of Commons." He would try, if he could, to bring the minds of hon. Gentlemen opposite back to the facts of the case. What was it that had excited the right hon. Gentleman so? Did he really know what it was, and what the proposal was to which the Government had accepted this Amendment? He talked about "gigantic constitutional changes sprung upon the House of Commons." What was the proposal? It was to modify the plan of the Government, which had been before the House ever since this Bill was read a first time, in the direction of securing greater Parliamentary control. What was the proposal in the Bill? He would read the first sub-section, which was more than hon. Gentlemen opposite seemed to have done. It ran—
"His Majesty's Government may, by Order in Council, establish a central education authority for Wales, to be called the Council of Wales."
He paused there to ask was that, or was that not, a proposal on the part of the Government to give to Wales in this matter the same kind of separate educational administrative control as now prevailed in Scotland and in Ireland, and which the right hon. Gentleman had just told them was now for the first time brought before Parliament? Of course it was, and that was the proposal in the Bill itself—that was the original proposal put into the Bill, discussed fully at the Second Reading, and which had been before the House and the country all these weeks. Then what was the crime and the offence which had been committed by his right hon. friend? The whole crime of his right hon. friend that afternoon was that he had accepted in substance an Amendment proposed by the Opposition [OPPOSITION cries of "No"] by a distinguished Member of the Opposition, in which he suggested that the President of the Board of Education should be responsible to Parliament for any act of, and should have full control over, the proposed Committee. His right hon. friend had accepted that Amendment with one single modification—namely, that instead of the Minister for Education, he suggested that some other Minister should be responsible. What, after all, did that come to? Was he not right in saying that the proposal of the Government in its original shape made a far more drastic change in the constitution than the one now suggested, because it set up the Council in Wales without any direct control? In the hope of making the proposal more acceptable to the Opposition, his right hon. friend had agreed that that Council should have a Parliamentary representative, who was to be a member of the Government and who was to have control over the Council. That concession—made with the hope of meeting criticisms, which he did not say were altogether without cause, that proceeded from the opposite side of the House, and of making the original scheme of the Government more in consonance with the views of the House at large—put forward by his right hon. friend the President of the Board of Trade was that which had excited all this hysterical indignation. He really thought the Committee might now bring themselves back to consider the actualities of the situation. The Government were prepared to consider and to give due weight to any reasonable criticism of this modification—a modification suggested by hon. Gentlemen opposite and accepted by the Government to meet such objections as they might conscientiously entertain. The clause as originally presented to the House contained everything that was constitutionally new, and in a much more accentuated form. Therefore it was idle to suggest that the Government had taken advantage of the procedure by closure in order to spring upon the House and the Statute-book a proposal of this kind.
said he thought that if the right hon. Gentleman had been present a little earlier and had heard what had been said he would hardly have spoken as he had. They were now discussing quite a different clause from that printed on the Paper and it did not bear any relation to the Amendment of his hon. friend. What was the proposal of the clause? It was to transfer the whole of the duties of the Board of Education so far as Wales was concerned to a Council for which no one was responsible in this House, for whose expenditure nobody was responsible, and for whose action no man here or elsewhere could be held responsible. They were now discussing something perfectly different. It was now proposed that the Council for Wales should be advised by a new inspectorate, and be represented in the House of Commons by a Minister. Who was to be that Minister? They were left quite in the dark. Was the Minister to be a Lord of the Treasury? Was a Lord of the Treasury to deal with the whole question of education in Wales? What was the relation of the Minister to the Council? Was the Minister to have any control over the Council? Could he say to the Council "I will not be responsible for these proposals," and in that case would the matter come to a standstill? Was, there to be an appeal to the Board of Education over his head? They were told that under certain circumstances an appeal was to lie to the Board of Education. He had never heard of a more crude suggestion than this, except the clause itself as it stood in the Bill. The right hon. Gentleman said he proposed to eliminate the religious difficulty from the purview of the Council. But the Council or the local authorities must deal in some form or other with the schools taken over under Clause 4. It was well known how Welsh local authorities in the past had treated voluntary schools. In Merioneth they had refused to repay to managers charges incurred in order to supply the necessaries of the school; in Montgomery they had refused to pay the salaries—actually earned—of the teachers; in Barry they refused to place a Roman Catholic on anything like the same level, as to staff, as the council schools. Therefore, how could the right hon. Gentleman possibly say that all denominational trouble would be removed from the Council and the local authority when they must consider the taking over by them of voluntary schools and the granting of facilities for religious instruction? The right hon. Gentleman had now made a conciliatory speech, but what did he urge upon the Welsh county council when the Defaulting Authorities Act first came into operation? That the whole of the children in Wales should be turned into the streets and that elementary education should be brought to a standstill. That was very warmly and firmly advocated by the right hon. Gentleman in the first days of the Defaulting Authorities Act, and under those circumstances how could the Committee have any confidence in the clause as it now stood or in the assurances of the right hon. Gentleman when those assurances could only be made effective by a crude scheme such as this involving a complete constitutional change in the administration of Welsh education, a scheme which was not even now set down on the Order Paper for their consideration? And yet they were told by the Chancellor of the Exchequer, who had heard nothing of the debate, that they were spurning the conciliatory efforts of the Government. His (Sir William's) experience of the House had not been long, but he had never seen such serious proposals brought forward in such a haphazard manner—pro-posals to which the supporters of the Government paid so little attention and for which they cared so little, as the deserted state of the benches on the Ministerial side of the House made plain.
said he had listened very carefully to the statement of the President of the Board of Trade, and he understood there were to be gathered from it three important matters. They were to have a new Minister in this House with a new department. They were to have a recasting of this clause with a view to allocating certain matters to the new Minister of the new department, and to retaining certain matters, as he understood, in the Board of Education as they at present existed, or in the Board of Education in conjunction with the new Council. He did not know exactly how that was to be worked out. Everyone must see that it was an important change in the clause. The clause itself was a clause of devolution. The proposals that were now made, however, if devolution at all, were in a modified form, and were to be under a department in connection with this House. No one could deny that all these were important matters. Their complaint was that not a single one of these Amendments was on the Paper, and they were not able to say what the effect of them would be, or how far they modified the objections to the clause. The Committee had only four and a half hours left for discussion. Would the right hon. Gentleman the President of the Board of Trade even now hand across the floor of the House a copy of the Amendments the right hon. Gentleman himself proposed to move, or the Amendments to the Amendments which he said he would wholly or partially accept? Without having the proposals of the Government on paper was it not a farce to continue the discussion? He did not believe the Government had one Amendment ready, because he could not imagine that, having regard to Parliamentary usages, they would not allow the Opposition to have copies of them. What was the Committee to go on discussing?
The Amendments on the Paper.
said the right hon. Gentleman had told them he was going to propose Amendments of his own. Might he ask when he proposed to put down these Amendments?
said it was proposed to follow the usual Parliamentary procedure. He had indicated the Amendments on the Paper which he would accept in a modified form, but which he accepted substantially. When they came to the Amendments they would be able to say exactly what the course would be.
asked whether the right hon. Gentleman thought that was quite candid. Did he really think it was a mere nominal Amendment that instead of providing that the President of the Board of Education should be responsible to Parliament for the acts of this Welsh Council they were going to set up a new Minister and a new department?
said he never said a department. What he said was that in substance they accepted the Amendments of the hon. Member for the Walton Division of Liverpool and the hon. Member for Blackpool. The substance, in his opinion, was Parliamentary control. In his view the substance of the Amendment of the hon. Member for the Walton Division of Liverpool was that first of all there should be a Minister responsible to this House, and secondly that that Minister should have complete control. The Government accepted these two points, which they considered to be the substance. The only difference between them was as to whether the Minister was to be a Minister ad hoc or not. With that difference he would accept the Amendment.
said the worst of it was that they could not put the substance of a thing into a Bill. They must put the specific words. They must know whether this was to be a Minister ad hoc, or whether the work was to be mixed up with some other department. As he understood, this Minister was to have complete control over this new Council. But under what provisions? Were there to be no provisions in the Bill at all to show how that control was to be exercised? Were they willing that the Minister should exercise control without specifying how? Was the right hon. Gentleman simply going to put in the Bill "and shall have full control over the committee?"
"And shall have full control over the committee in respect of the exercise of such powers."
said he failed to see how the Minister was going to exercise control, but it would make him a very much more important Minister. In addition, they were delegating to the Minister a number of other powers. Were they going to set up the financial Resolution that was necessary? The financial Resolution which had been passed by the House merely covered the grant for the local education authority for the elementary schools. It was absolutely impossible to discuss these matters unless the right hon. Gentleman told them more specifically what he proposed to do. It ought to be on paper, so that they might consider and discuss the matter. He did not suppose anyone could say what the exact division of powers between the Welsh Council and the Board of Education was to be. They had now come to a state of confusion —he might almost say of anarchy—in Parliamentary proceedings which was absolutely unparalleled. It would be impossible to discuss in anything like a satisfactory manner proposals of such vital importance.
said it would be a rather unreal performance if he were to move the Amendment on which the Committee was nominally engaged for the moment until they had seen the words which the President of the Board of Trade was prepared to submit to the Committee. Was it of any use discussing his Amendment except on general lines until then? Perhaps after some reasonable interval the right hon. Gentleman would be able to furnish the Committee with the words in writing.
said the hon. Gentleman probably knew all about the details of the negotiations that had been going on upon this subject. The Government were not altogether responsible for the delay in putting these words on the Paper. They were perfectly satisfied with the clause as it stood; and the only Amendments which the Government had indicated to-day as those which they were prepared to accept were in the nature of concessions to hon. Gentlemen opposite. The leaders of the Conservative Party in the Church of England in Wales have been very anxious to get guarantees and safeguards upon this particular point. The Government had asked them to formulate their demands, and had told them over and over again that they were prepared to consider them, but notwithstanding this they had never been able to induce them to do so. The hon. Member for the Walton Division of Liverpool had put down an Amendment and the Government had accepted it, and with regard to his second Amendment he had already told the hon. and learned Member that they were prepared to accept that as well. Personally he had always been opposed to the Government treating the Bill as if every line of it was sacred and must not be altered. In Committee they ought to consider what could be accepted and how the Bill could be put into better shape. For making these concessions he had been told it was an insult to the House to do so. The Government were prepared to accept the substance of the Amendment at the bottom of the page, and also the Amendment standing in the name of the hon. Member for Blackpool.
said that the Committee would perhaps allow him to say a few words with reference to the attitude of the Nationalist Members on this question. He thought anyone who had listened to the debate and the vast amount of details which were being dealt with must find in it the strongest possible argument for the principle of devolution. Upon such a question as that dealt with by the Bill, closure by compartments was necessary and inevitable, on account of the morbid condition of business in Parliament and the morbid state of the House. So far as the general policy of the Government was concerned, Nationalist Members were in favour of the policy of devolution. Therefore they took up no position of unfriendliness towards the proposal to create a local body in Wales to have control of such local business as education. Apart from the historic position of Ireland upon this question, they did not forget that in regard to the Irish demands for the application of a similar principle in Ireland they had found no more ardent supporters than the representatives of the people of Wales. For all these reasons it would be quite impossible for the Nationalist Party to take up any position of hostility to the principle of this clause. When various measures in the past had been brought before the House for giving the control of local affairs to Ireland they had always been based upon the fact that there was an overwhelming majority of people of one opinion in Ireland, and a small minority to whom safeguards were granted to protect their religious and political liberties. To proposals of this kind they had always given a full and cordial assent. He thought his right hon. friend the President of the Board of Trade had met the objections to this Council for Wales very fairly. The Catholics as well as the Anglicans in Wales were in a minority, and they were grateful to find some safeguards for the protection of those minorities in Wales, and they had been given in no grudging spirit. The right hon. Gentleman appeared to have met in a very candid, fair and generous spirit all the demands made for the protection of minorities, either Anglican or Catholic, in Wales. He suggested that the Government should choose as the representative of the Welsh Council somebody at present outside their own ranks. He understood that practically there had been reserved all those questions which were really dividing creeds in Wales. [OPPOSITION cries of "No, no."] He understood from what the President of the Board of Trade had said that such questions as really divided the sects and religious communities in Wales were not questions which this Welsh Council would be allowed to deal with. Under those circumstances how could Ireland do anything but welcome the carrying out of such a principle in Wales? Ireland had had grave reason for dissatisfaction in regard to some of the proceedings connected with education in the past, but those acts of violence were done in a state of war and as part of a plan of campaign. Now that the Nonconformists had received what they considered satisfaction for their grievances he hoped a better and more tolerant spirit would prevail in the future.
said he wished to emphasise what was the actual truth in regard to this clause, namely, that its only object was an educational one. The Leader of the Opposition and other speakers had referred to this clause as being something new which had been sprung upon the country and the House of Commons at a few weeks notice. He thought it was right that the House of Commons should be made aware that so far as Wales was concerned the principle of this clause had been before them for a great many years, and that at election after election it was one of the questions which had been placed in the fore-front of their political programme. For a quarter of a century there had been a very strong desire in Wales to have such a council established. Reference had been made to a particular school in Denbighshire. Without going into any details it had been implied that the education committee of Denbighshire had been actuated by unfair motives in regard to the standing of that school, and that it would not be safe to grant the powers which this clause proposed to confer. The question of that school was under the consideration of the Board of Education, and he had every confidence that when the facts were inquired into by an inspector an arrangement satisfactory to both sides would be arrived at. From a personal knowledge of the facts he could say that the education committee had been actuated all along by reasons of educational efficiency. He protested against these cases being brought before the House of Commons without an intimate acquaintance with the local facts. What the people of Wales wanted was to unify Welsh education. If this clause passed, by whom was that work to be done? It was to be done by the men who had for many years been selected by the various county councils in Wales for the express purpose of carrying out the work of education in the Principality. He thought it would be admitted by those who had an expert knowledge of Welsh education that there was not an instance in the whole country of men who had done more, and who had sacrificed more time and labour during the last fifteen or twenty years, than those who, when this Welsh Council was established, would desire to bring home more directly to the people of Wales responsibility for the work of education in the future. He was glad the President of the Board of Trade had expressed the willingness of the Government to agree to certain Amendments, which would make Parliamentary control in the matter of the grants absolutely efficient. There seemed to be an idea in the minds of hon. Gentlemen opposite that the money was not in any way contributed by the people of Wales. The Committee ought to remember that Wales at all events contributed her share of the Parliamentary grants. If inquiry were made into the incidence of the taxation of Wales he thought it would be found that in many respects the people of the Principality, poor as they were, paid more than they ought to be called upon to pay to the Imperial Treasury. All that the people of Wales asked was that, subject to the absolutelyadequate control of Parliament, the Council should have the distribution of the education fund in the Principality. He regretted exceedingly that heat should be introduced into the discussion of this momentous clause so far as Wales was concerned. What they really desired was educational efficiency; they wanted to lift the education of their children out of the rut of sectarian and religious controversy. They saw in this Council the possibility of bringing together to the discharge of this great educational work all classes and all creeds in the community. They had behind them to-day a united Parliamentary representation—something unparalleled in the Parliamentary annals of the country. If this matter could be treated in the spirit in which it ought to be treated, and if the people of Wales were given an opportunity of working out their educational salvation through this clause, he believed that a new chapter would begin in the educational history of Wales.
said he felt some difficulty in intervening in this debate, because he had a considerable feeling at the back of his mind that the Committee were really not at one as to the way in which the question of legislation ought to be approached at all. The clause they were now discussing appeared to be drafted from the point of view that if they laid down in general terms certain principles of legislation the details were of comparatively small importance. Personally he took a precisely opposite view; he thought it was the details that really mattered. A body of men could be collected representing all sections in the House, who would be able to agree on general principles on almost every conceivable topic, and if the principles were made sufficiently general there would not be any difference of opinion at all. The President of the Board of Trade had made a good deal of the Welsh approval; he relied very much on the conferences which had been called, but it was now admitted that no details were submitted to the conferences at all. Only general principles were submitted, and as stated they excited very little opposition. He could understand that the working out of the details would mean a very different thing. The hon. Member for West Denbighshire had talked a great deal about "educational efficiency" and "Parliamentary control," phrases which carried great and deserved weight in this assembly, but he had not condescended to any particulars as to how Parliamentary control was to be established or educational efficiency promoted by the clause. The President of the Board of Trade had accepted the principle of certain Amendments in regard to Parliamentary control, but he had not told the Committee what form the Parliamentary control was to take. They did not know whether the Government were going to make any Amendments on the clause at the present stage or not. All they knew was that the right hon. Gentleman in going through the Amendments singled out two with which, speaking generally, he agreed.
Three.
Three. He would take two as examples. The right hon. Gentleman had accepted the principle of the following Amendment, of which the hon. Member for the Walton Division of Liverpool had given notice—
"Provided that the President of the Board of Education shall be responsible to Parliament for any act of the Welsh Central Committee done in the exercise of any of the powers of the Board of Education delegated to the Committee under this section, and shall have full control over the Committee in respect of the exercise of such powers."
What exactly did that mean? Did it mean in point of fact that the President of the Board of Education or the new Welsh Minister was to defend the policy of education in Wales, in the same way as the President of the Board of Trade defended the policy of the Government with reference to trade, or did it mean something different? If it meant that the Minister was to have full control he could not understand why the right hon. Gentleman did not accept the Amendment now before the Committee, which would make the Welsh Council a consultative committee. That was all it could be if the Minister was really to have the control and direction of policy, subject to any advice he might receive from the Welsh Committee. If this Welsh Minister was not to have complete direction, then Parliamentary control was gone. He earnestly protested against the Committee having to discuss those important legislative proposals without any certainty as to what they were, and without seeing them in print. One of the Amendments showed the impossibility of separating the denominational question from all other questions connected with education. Under these circumstances it was little better than a farce to go on with the discussion of this clause until they had the exact and definite words of the Government Amendments, so that they might be able to see whether the objects they had in view were carried out.
congratulated the right hon. Gentleman on the manner in which he had introduced this question of an educational council for Wales, and also hon. Gentlemen opposite on the manner in which the proposal had been received. He could assure hon. Members opposite that their friends in Wales were not at all apprehensive of the possible action of this Welsh Council, and that there was great unanimity on the question amongst all Welsh people; he believed it would do much to dissipate the bitter feeling of the past, and bring about a better understanding amongst all classes. He was very glad to say, on behalf of the Party he represented, that the suggested new clauses were satisfactory to them; and he trusted that they would give the same satisfaction to the noble Lord opposite, and the hon. Members surrounding him. At any rate, in his opinion, the proposal of the Government would do some good to the cause of education in Wales.
said he would like to suggest that they were still engaged in a Second Reading discussion, and that they had only four hours left for the consideration of the Amendments. That was not too much in which to revolutionise the constitution of Wales.
* said that he had to the fullest extent sympathy with hon. Members from Wales in their hopes that the changes proposed by the Bill would lead to the advance of education in the Principality or to the cessation of the bitterness of partisanship. But he was afraid that he could not share the confidence of these hon. Members as regards the probable results of such administrative changes, or the advantages of the scheme of devolution proposed. Members like himself were placed in a difficult position by the course of the Government. They had come to the House prepared to criticise the proposals of the Bill, which amounted to a scheme of devolution. They found many reasons to object to that scheme. It provided no safeguard for the maintenance of Parliamentary authority: for the approval of the Code: for the audit of public money: for the sanction of loans pledging the public credit: and for the prevention of mal-administration of public funds. It might seriously interfere with the rights of teachers by confining them to a narrow area. It comprised together two essentially different things, central and local administration. But the proposal of the President of the Board of Trade was something entirely different. It amounted to the appointment of a Minister for Wales, who was to have some sort of control over the proceedings of this Welsh Council. This was a fanciful and an unworkable scheme, and it proposed a great constitutional change with altogether inadequate consideration. He contended that no effective control could be exercised over the central body in Wales by a Minister at Whitehall. He would like to know what were the views of the Chief Secretary for Ireland as to the control which he could exercise over a similar Board in Ireland. It was for that reason that he wished to hear the full views of the President of the Board of Education on this question. What was the reason for the refusal of the right hon. Gentleman to accept the responsibility for the acts of this council? Was it not because he was aware that he would have a heavy responsibility, but no effective control? The fact was that the new proposal was one which had been quite insufficiently considered, which was both unconstitutional and unworkable, and which had been thrust upon them in an unintelligible form. He could not understand the comments of the Chancellor of the Exchequer in regard to the speech of the Leader of the Opposition. Surely the indignation of the latter right hon. Gentleman was justified. What previous enactments had they to guide them in regard to legislation in this matter? In Scotland, where although the system of education had been based on a separate series of statutes for three centuries, yet they never had a separate Minister for Scotland till the year 1885, and then it was only after a Bill had been before Parliament for years, and the arrangement was only brought about by the complete agreement of both Parties. The Bill was brought into this House by a Conservative Ministry, but it was managed in the House of Lords there by Lord Rosebery, who was not a member of the Government at all. The Government, however, proposed to establish a Minister for Wales not by an Act of Parliament, but by a side wind upon an afternoon four hours before the closure fell, and at the instance of a Minister who did not give the words of his proposal by which he meant to alter the constitution of the country.
said that after the discussion which had taken place and the assurances which had been given, he thought he should be acting in accordance with the wish of the Committee if he withdrew his Amendment in order to give time for the discussion of other important Amendments.
Amendment, by leave, withdrawn.
submitted an Amendment which he said embodied the proposal brought forward by the late Government, and which he said would make this Council or Committee precisely correspond to the Joint Committee which was proposed by the late Government and accepted by the right hon. Gentleman the President of the Board of Trade as an adequate representation of the local authorities in Wales. He should like to know whether the President of the Board of Trade would consent to the Committee being enlarged as he suggested.
Amendment proposed—
"In page 20, line 17, to leave out from the word 'the,' to end of sub-section, and to insert the words 'local education authorities under Part I. of the Education Act, 1902, and boroughs and urban districts having powers under section three of the same Act.'"—( Sir William Anson. )
Question proposed, "That the words down to 'any' in line 18 stand part of the Clause."
thought that if the hon. Baronet was more fully acquainted with the conditions of Wales he would find that the words as they stood in the Bill would work very much better than those which he proposed. He understood that the hon. Baronet wanted to represent areas of 10,000 inhabitants, but there were difficulties in the way in regard to counties, in regard to North and South Wales, and in regard to rural and urban areas which they had considered, and if they gave representation to all the areas with a population of 10,000, they would find it absolutely impossible to give a fair representation to the agricultural parishes. He thought that the hon. Baronet would agree that it was important that those parishes should be well represented on this council. They did not want the urban areas to be over represented, and it was in order to secure that object that the words had been introduced into the clause.
Amendment, by leave, withdrawn.
moved to insert the words, "Provided that the President of the Board of Education shall be responsible to Parliament for any act of the Welsh Central Committee done in the exercise of any of the powers of the Board of Education delegated to the Committee under this section, and shall have full control over the Committee in respect of the exercise of such powers." The hon. Member said that in his previous speech he had indicated the nature of the Amendment so he would not enlarge upon it. The right hon. Gentleman the President of the Board of Trade had not replied to a consequential Amendment to the one he was now moving, which proposed, at line 25 of the clause, after "repre- sentatives," to insert "and that regulations shall be made by the Board of Education whereby the minority of each of the constituent local authorities shall appoint to the Council a number of representatives bearing the proportion of one to three to the number appointed by the majority of that authority." In order to elicit the right hon. Gentleman's views on the point, he therefore moved the present Amendment.
Amendment proposed—
"In page 20, line 20, at end, to insert the words, 'Provided that the President of the Board of Education shall be responsible to Parliament for any act of the Welsh Central Committee done in the exercise of any of the powers of the Board of Education delegated to the Committee under this section, and shall have full control over the Committee in respect of the exercise of such powers.'"—( Mr. F. E. Smith ).
Question proposed, "That those words be there inserted."
said that, as he had already indicated, he proposed to accept the substance of this Amendment, and he would now point out the way in which he proposed to deal with it. It was not his fault that he could not state his views till twenty minutes to seven, but it was the result of the action of the Leader of the Opposition earlier in the evening, who had sought to inflame the passions of the House. He proposed to move to amend the Amendment and to make it read, "The Order in Council shall provide for the appointment by His Majesty of a Member of Parliament, whether a Member holding office under the Crown or not, who shall be responsible for any act of the Welsh Council done in the exercise of any of the powers of the Board of Education delegated to the Council under this section, and shall have full control over the Council in respect of the exercise of such powers."
suggested that the Amendment should be withdrawn and that the Amendment as it was proposed to be amended should be placed before the Committee.
approved of the suggestion. The Government was altering the constitution of the country in regard to Wales by a series of Amendments to an Amendment. He thought their method of doing it was childish and absurd, and the suggestion of the Chairman was one which the Government would be well advised if they adopted.
Amendment, by leave, withdrawn.
moved the proviso in its altered form.
Amendment proposed—
"The order in Council shall provide for the appointment by His Majesty of a Member of Parliament, whether a Member holding office under the Crown or not, who shall be responsible to Parliament for any act of the Council of Wales done in the exercise of any of the powers of the Board of Education delegated to the Council under this section, and shall have full control over the Council in respect of the exercise of such powers."—( Mr. Lloyd-George ).
Question proposed, "That those words be there inserted."
said he hardly grasped the full import of the Amendment, and expressed a desire to ask the right hon. Gentleman in charge of the Bill to state exactly what was meant by "a Member of Parliament whether holding office under the Crown or not." He supposed that that meant that the duties might be given to a Minister now in office, and that he should add to his office the duties of Minister for Education for Wales, but that it was not intended that a Member who was not already a Minister of the Crown should have this duty put upon him without becoming a Minister of the Crown in an effective sense. Supposing the clause passed in the form in which the Government desired it to pass, it would then be necessary to appoint a Minister for Education for Wales and to hand over the educational affairs of that country to him. The gentleman would, he supposed, become a Minister holding office under the Crown in the ordinary way and vacating his seat on the acceptance of office. The right hon. Gentleman's legal advisers were not present, but this touched a question of prerogative, and he should like to know exactly what was meant.
said he would like to know whether there was any precedent for the creation of a new Minister of the Crown by Order in Council.
said the Law Officers of the Crown would be in the House in a moment and would answer the right hon. Gentleman. He could not undertake the responsibility of answering such a question. With regard to the other questions, what was contemplated was that somebody already holding office under the Crown might become responsible, or that some Member of the House might answer for the Council in the same way as an hon. Member now answered for the Charity Commissioners. The Government had taken power to utilise the services of a Minister of the Crown or to ask an ordinary Member of Parliament to represent this Department as an ordinary Member of Parliament now answered officially for the Charity Commissioners.
said that as the discussion went on it became more and more difficult to understand the precise position contemplated. The Government meant to take power to appoint a Member of Parliament not a member of the Government to be responsible for controlling the Welsh Council. He was to be responsible for presenting estimates to this House and was to answer for those estimates. He was to take all the functions of a Minister of the Crown; he was to have the power of appointing clerks and to have a staff to be paid out of the Estimates; his position, however, was to be analogous not to that of a Minister of the Crown, but to that of the gentleman who represented the Charity Commissioners. Such a thing was anomalous and preposterous to the last degree. He could not believe that when the Government came to understand their own Amendment they would oscillate between the two courses of appointing a Minister of the Crown to perform all these alien duties and appointing a Member of Parliament who was not a Minister, but whose position was to be similar to that of the gentleman representing the Charity Commissioners. It was preposterous and absurd. Where was the Parliamentary responsibility? Where were his powers of control? Was he to have a salary on the Estimates, and were his actions to be actions for which his colleagues were responsible or not? Was he to vacate his seat upon taking office? He had really come to the conclusion that the Government had not; given five minutes thought to this proposal, and that the Minister in charge of this part of the Bill had thought of the scheme for the first time at ten minutes past three on the 17th of July. The question he again asked was, did he propose to appoint a new Minister by an Order in Council. The thing had never been done or thought of before. And if it was possible to constitute a new Minister by an Order in Council, was that Minister to be a Minister in the same sense as right hon. Gentlemen opposite. Were they to be responsible for him? Was he to have a salary; and, if so, was the salary to be on the Estimates, or whence was it to be provided? Because he noticed the Government had taken no power to provide a salary. That itself was a sure proof that when the Resolution was put before the Committee this wonderful scheme had not occurred to the President of the Board of Trade. He hoped now that the Solicitor-General had come back they would have a reply to the questions; asked on this constitutional matter.
said he assumed that this gentleman who was to be appointed would have a salary; and that that salary would be on the Estimates. He asked under those circumstances whether the Committee was in order in discussing this question without the Resolution.
was understood to say no power was taken to provide a salary.
said that in those circumstances it was impossible for this Minister to be paid, that he would have no salary to be reduced, and to that extent the control of the House was lost. They all knew that a Minister of the Crown or a Member of the House could not be criticised except when responsible for a policy, which responsibility could be brought home to him on the Estimates on a Motion to reduce the salary. It was for that reason that he thought every Minister should be paid. Was it intended that a peer could be appointed to this particular office? And was there any precedent for the appointment of a Minister, either paid or unpaid, being appointed to an office, however humble, by an Order in Council?
said the noble Lord seemed to assume that the only way the action of a Minister could be criticised was on a Motion on the Estimates to reduce his salary. But the Prime Minister had no salary at all, yet the actions of the Prime Minister were criticised. Everyone was aware that a certain sum was allotted for carrying out the functions of this Council, and that every action of the Council could be discussed when that Estimate came before the House.
* again asked whether there was any precedent for appointing a Minister by an Order in Council. He was informed that there was not. And with regard to the appointment of unpaid representatives of the Charity and Ecclesiastical Commissioners, he might point out that that was also by statute. He would further like information on another point. This Minister, who might be an ordinary Member of Parliament, was to represent the Council in the House; he was to ascertain from the Council what sum they wished to lay before Parliament as their educational expenditure for the year; he was to lay the amount before the House and defend it. How was he, an unpaid representative, to be connected with a body of unpaid representatives? What was there to bring him in touch with them? He was stating what he believed was a genuine difficulty and he would like an answer. What was the connecting link between the Minister and the Council, because the connecting link between a Minister and the work he had to do was usually the permanent staff by which that work was conducted; a staff which framed the estimates and prepared and dealt beforehand with the various points which had to be dealt with by the Minister in Parliament. Had any preparation been made for a permanent staff in this matter? He would like to know what would be the relations of this Minister to the Board of Education. Was there to be a complete severance between the system of education in England and that in Wales? He wanted to hear something from the President of the Board of Education, who must have more experience than the President of the Board of Trade or the Solicitor-General on these points. Had the Minister for Education considered how this proposal would bear on the general scheme of education and the work of his Office, when his Department had a considerable and sometimes exciting branch cut off from it and handed over to another Minister. Again, had the President of the Board of Trade decided with what Department of the Government this new Department should be connected? He would ask whether there was any precedent for this mode of appointment, how the Minister representing Welsh education would be connected with the Council for which he was to be responsible to the House of Commons, what would be his relations, if any, to the Board of Education, and with what Department of the Government he was to be connected?
said the hon. Baronet had contended that the mode of appointment now suggested was unknown to the law. What was the suggestion? It was that the Minister it was proposed to bring into being should be appointed by Order in Council under the authority of this Bill. It was quite true that it was not usual to appoint a Minister by Order in Council; but if they authorised by Act of Parliament the appointment of a Minister by Order in Council, they needed no precedent. Parliament was able to do that as it was able to do other things. They were proceeding in the ordinary way by creating powers and indicating how an appointment was to be carried out, namely, by Order in Council. They were exercising a normal power properly exercisable by Parliament. The hon. Baronet had asked a number of questions which seemed to him appropriate to the Order in Council, but by no means requir- ing development now. This Minister, whether he had a salary or not, would have a Department. If he had a salary, I it would come before Parliament on the Estimates. But that was not the only means by which Parliament could exercise authority. The Council which it was proposed to set up must have funds, and those funds must pass through Parliament. Therefore, Parliament would have the most effective of all means of exercising control. They would have the means of stopping the money. In these circumstances it did not seem necessary to put into an Act of Parliament all those details which were more appropriate to the Order in Council.
ventured to think that the House had never in the whole course of its history been confronted with a situation which offered any parallel to the proceedings of the Government this afternoon. They were taking a departure for which there was no precedent. For centuries Parliament had regarded with jealousy any inovation in the framework of our Parliamentary constitution, and now, during the last stages of a Bill dealing with education, they were asked to make a change which had never been contemplated before, and which had not been explained to them to-day. The Solicitor-General got up to reply to the very pertinent questions put by his right hon. friend the Member for Oxford University, but had he given an answer to any of them? He had said that there was no I precedent for the appointment of a Minister by Order in Council. Though it was within the prerogative of the Crown to create a new office in theory, as a matter of constitutional practice the prerogative was not used for that purpose except on the advice of the responsible Ministers of the Crown; in fact, on the advice of the Cabinet with the knowledge and concurrence of the Prime Minister. The Crown could create a new office provided there was no necessity for spending money on the department. According to "Dodd" it rested with the Government exclusively to determine whether any such changes were necessary in order to secure greater efficiency of the public service, and "they are effected by Order or Declaration in Council, an Act of Parliament being required only in cases where it is necessary to make pecuniary provision for the duties to be undertaken by the new Department." Did the argument of the Solicitor-General really mean that Amendments handed across the Table in manuscript, after two or three hours of pertinent inquiry as to the intention of the Government, were the kind of legislation contemplated by the sentence he had read? When an Act of Parliament was required, Ministers should introduce a Bill creating the new department. An Amendment could not be slipped in when dealing with legislation of a totally different character. The action of the Government was not only unconstitutional but illegal, because he did not believe a new department could be brought into being without a Resolution authorising the necessary expenditure. The Government was throwing all constitutional practice to the wind, and departing from all the financial control of the House at the instance of Ministers who had ventured to declare the intention of the Government only after having been subjected to severe cross-examination. Let it not be assumed that the anxiety they on the Opposition side felt with regard to this matter was assumed. Whether this Bill passed into law or not might be very important, but it was more important that they should not treat with levity so great a departure from constitutional practice as the creation of a new department in this way. The Government did not even tell them the nature of the new department which was to be created by this novel, unconstitutional, and illegal method. The Committee were told vaguely that in certain circumstances estimates would be necessary and Parliament would be able to criticise those estimates. That was a totally novel view of the bond which attached a Minister to this House and of the responsibility which rested upon him. It was a part of the Constitution that no Minister should take office unless he had real control and was in fact, as well as in name, the responsible party. By this proposal they were striking at one of the foundations of the constitution. The whole edifice of the constitution was built upon the real responsibility of the Cabinet and the personal responsibility of each Minister. It was a part of the Constitution that no Minister should take office unless he had real control. Was this new Minister to have control over all the actions of the Council, or was he not?
said the Committee had been informed hat a salaried department would be created under the new Minister. He asked whether, in view of the ruling already given, it was now in order to move or further discuss this Amendment.
said it was not proposed to create a new staff. At the present time the Board of Education looked after Wales. The officials appointed for that purpose would still have to do their work, and would be taken over for the purpose. The question was simply one of organisation. No new officials would be appointed, and there would be no additional expenses.
* did not think the Amendment which was the real question for his consideration made any fresh charge or raised any point on account of which he could rule it out of order.
pointed out that a new department would not cease to be a new department because it was manned by old officials. The proposal of the Government was to transfer certain officials of the Board of Education and constitute them a separate department under a new minister. That was not denied. There would be a body of subordinate officials all owing allegiance to a single Parliamentary chief. That would be a new office. He believed such a new office could not be constituted by Order in Council. An Act of Parliament would be necessary for the purpose, and such an office could not be constituted by this Act of Parliament. The constitution of the office involved expenditure, but under the Resolution of the House he did not believe they could do anything except provide money to be distributed among the local education authorities. How was provision to be made for the payment of the new staff? Was the Minister for Education going to respond for estimates which referred to persons under someone else's orders? The Education Estimates for England were going to be diminished by this amount and a new set of estimates would be constituted for Wales, and the office in connection with them would be a new office. That new system could not, in his judgment, be established without an Act of Parliament. He was, however, really more concerned with the unexplained position of the new Parliamentary Minister. He put a good many questions to the President of the Board of Trade before the law officers of the Crown came in, but he would venture to repeat them. He would like to know whether the Minister appointed would vacate his seat upon appointment. For his own part he believed it would be necessary for him to seek re-election. The greatest change that ever took place in our constitutional history was that of making every Minister responsible for the acts of every other Minister, and making the Cabinet responsible for the policy of any one of its members. He also desired to know whether the new Minister would be a responsible Minister in the sense in which we understood that term. Would the Cabinet be responsible for his action? Would he consult the Cabinet on any question of importance? Then it appeared that the Minister in charge of Welsh education was to have no salary in that capacity. He had listened with astonishment to the dictum of the President of the Board of Trade that it did not matter whether the Minister had a salary or not, because what was attacked was not his salary, but the estimates he presented. Where did the right hon. Gentleman get that constitutional doctrine? Would anyone deny that if any other Government but this had suggested such a proposal it would have been denounced as the greatest and most scandalous innovation? Was there anything more utterly opposed to constitutional principles as understood by the Liberal Party? When the House criticised the action of the Welsh Education Department it would be necessary to challenge the salary of some permanent official who was not responsible. If the Government were going to destroy that boast of the British Constitution, the doctrine of Cabinet responsibility, and its strict application through all departments, they would have done a great deal of work in their first session.
said that, in replying to the first question which had been put to him, and speaking from recollection, he should say that whether or not this Minister would vacate his seat would depend upon whether or not his office was one of profit. Unless the Office was one of profit, the Minister would not have to vacate his seat. There was no limit whatever to the power of the Crown to create offices to which no profit was attached. The next question was whether this new Minister was to be a responsible Minister. In what sense was "responsible" used? The responsibility of every Minister now sitting on the Treasury bench was really the responsibility of the Cabinet. In that sense, of course, this Minister would be a responsible Minister. It was not salary that made a Minister responsible.
I can quite understand the answer of the hon. and learned Gentleman on that point. I wish to know how that tallies with the statement of the President of the Board of Trade that the position of this Minister would be analagous to that of the Gentleman who so ably responds in this House for the Charity Commissioners?
replied that even the Gentleman who responded for the Charity Commissioners had a certain responsibility. He was not a member of the Ministry, certainly, or his responsibility would be more marked. The Order in Council would reply to a great many of the questions which were now put forward as though they were constitutional difficulties. The right hon. Gentleman opposite had said that either this Minister must have a salary or somebody must act for him or under him who should receive some remuneration which could be put upon the Estimates, and he asked what provision had been made in the Estimates. Nothing would be done this year, and no financial provision need be made until next year, when it would be put upon the Estimates in the ordinary way. This was a question very largely of departmental reorganisation, and not new work. It was work which in a large measure had been done previously. The clerks who had done it were there, and would probably go on doing the work. Some new expenditure would probably grow out of this new departmental reorganisation. He never knew a reform yet which did not involve expenditure, and even expenditure greater than that which it was supposed to reduce. He was surprised at the language used by the right hon. Member for Dover, who spoke as if the foundations of the Constitution were at stake. Looking at this humble and modest measure of departmental reorganisation, it did not strike him personally as going quite so deep down to the foundations of our Constitution as certain suggestions he could remember about "co-ordination."
* observed that at the beginning of the session a discussion arose which involved the question whether the vacation of office depended on salary, and it was established that an office might be vacated although no salary attached to it.
said the discussion referred to was in regard to an office of profit, although no salary was taken.
said it was a question whether an office was held "of the Crown" or "under the Crown. The question had not been answered. What were to be the relations of this new Minister with, the Board of Education. Here was another gap in the Government proposal. They proposed to create another department—a Welsh department—and they proposed to transfer to that department the duties and officers of the present Board of Education. Could they do that without statutory authority? When some of the duties and staff of the Charity Commission were transferred to the Board of Education provision was made for this in the Act of 1899. What did the Minister for Education think of the transfer of Welsh education to another Department?
observed that what was certain was that the broad policy of this section had been adopted not only by this Government, but by the late Govern- ment. It was quite right that educational affairs in Wales should be treated in Wales by a Welsh body. The section they were now discussing did not pretend to give the details of the whole arrangement, but merely asked the Committee to give statutory authority for the creation of that body. He would remind the Leader of the Opposition that in April, 1887, the appointment was made of a Parliamentary Under-Secretary for Ireland, and Colonel King-Harman was appointed by the present Member for the City of London. The appointment of Colonel King-Harman was an appointment made, not only without statutory authority, but with out the consent of Parliament at all. The present Lord Privy Seal, the right hon. Gentleman the Member for Wolverhampton, attempted to raise the question on the Civil Service Estimates, and the Chairman said he did not think it would be appropriate to raise that question. Then the right hon. Gentleman said—
"I bow, of course, to your ruling, Sir; but as the right hon. Gentleman, the First Lord of the Treasury has attempted to justify the appointment, I wished to enter a protest on that point. I will not pursue the matter one sentence further. I should have been glad of another opportunity of saying that I consider that the creation of any new office under the Crown, whether or not its acceptance involved the vacating of a seat in this House—for I do not lay stress on that point—without the consent of Parliament is unconstitutional."
That was an appointment made by the right hon. Gentleman opposite; and it appeared in the course of the debate that great complaint was made with reference to the position of the hon. Gentleman who had been so appointed. This was what his hon. friend the Member for East Mayo said in the same debate in reply to the then Leader of the House—
"The right hon. Gentleman the First Lord of the Treasury distinctly stated that the chief object of calling the right hon. and gallant Gentleman (Colonel King-Harman) to the position he now occupies was, that he should assist the Government with his knowledge of Ireland and with his advice in modelling great measures to be laid before Parliament. In my ears that was a most ominous declaration, because it amounted to this, that not only were we, in the future, to look to the influence of the right hon. and gallant Gentleman the Member for the Thanet Division of Kent in the administration of the law in Ireland, but even in the shaping of Irish legislation he was to be behind the scenes. Having that in my mind, there are certain things that have occurred in Ireland quite recently, which, in view of these facts, are exceedingly interesting. Within the last fortnight a practice has been revived in Ireland which has been renounced for three years, the practice of calling what are known as Rival Loyalist demonstrations in Ulster for the purpose of suppressing liberty of speech."
If the King in Council authorised the appointment of a Minister, either as a Minister of the Crown or as a Member of this House it would be done with the strictest Parliamentary authority. If that were done immediately the appointment of the hon. Gentleman was made, whether he was a Minister with or without salary, he would draw up Orders in Council, and these ought to be the legitimate subject of criticism in Parliament. Therefore, he submitted that the Committee would do well to receive the proposal of the Government, because they would then have Parliamentary control over the acts of the Council in Wales.
* said that both by the last speaker and previously in the debate complaint had been made that the Opposition had not properly received the concessions that had been made. He very frankly acknowledged that an effort had been made by the President of the Board of Trade to meet the demand made by hon. Gentlemen sitting on the Opposition Benches; but the difficulty was that they did not know exactly what the concessions were. What they asked was that the President of the Board of Education should be responsible for the Welsh Council, but now they were to have a gentleman of whom they were not told whether he was to be a Minister or not. The Solicitor-General in his last speech had said that the gentleman who was to represent the Welsh Council in the House was to be a Minister. What he wanted to know was whether the new office was to be an office of profit under the Crown or not. The concession which had been made by the President of the Board of Trade was not on the Paper, he did not think the learned Solicitor-General had seen the Amendment before he came into the House; evidently the concession had been made without the Government having thought it out. His inclination was to move the adjournment of the House for an hour, in order to enable the Govern- ment to bring in a proper clause which they could understand.
said there was one important matter which had not been cleared up, and that was how the Minister was to deal with the Council in Wales. In the first place the Council was to consist of members appointed by the councils of counties and of county boroughs and of any boroughs and urban districts having a population of over 25,000. That was a popularly elected body, and how would it act? It would act by the decision of a majority. Supposing that body did not agree to the policy of the Minister, all that the Minister could do was the next time that the Estimates came before the House to advise the House to stop supplies because the Council had refused to carry out his policy. That was a ridiculous proposition.
* said he would like to raise another point. Supposing that a county council in Wales refused to grant the religious facilities allowed under the Act under Clauses 3 and 4, and was backed up in this by the Council for Wales, what course could the new Minister for Welsh Education pursue? It seemed to him that in such a case the Minister would be flouted by the Council and he would have no authority in this House. That was one of the many absurdities created by this most unworkable scheme. It was perfectly certain that if there was any part in the United Kingdom in which such questions should be settled from the outside, it was Wales; and he hoped the Minister for Education would give some assurance that there would be a measure of appeal from the action of the Council for Wales to the Board of Education. It was much to the credit of the President of the Board of Education that the moment the task of piloting this impossible Bill through the House fell into other hands than his, the Government were landed in the most hopeless tangle that they had yet been involved in.
) said he did not rise for the purpose of taking part in the discussion upon the constitutional question, of which a great deal more had been made than the occasion warranted. He rose because the hon. Baronet had asked what would be the relations under this new arrangement between the new Minister for Welsh Education and the Board of Education. He thought the Committee sometimes forgot that they had had before them for a long time Part IV. of this Bill, which had been described as crude by the hon. Baronet. No doubt it was faulty in some respects, but it enabled the Board under sub-section (5) to pay to the Council in Wales money granted by Parliament in respect of education and science and art in Wales with the exception of money granted in aid of universities and university colleges. He admitted that there was no indication in Part IV., as it had stood in the Bill all these weeks, of what Parliamentary control there would be over the Welsh Council, or of what his position, as President of the Board of Education, would be with regard to the money that was to be allocated. The subject had given him considerable personal anxiety, and it was a mistake to suppose that it had not received the careful consideration of the Government, though he thought, quite frankly, that it was unfortunate that it was left to the Amendments on the Paper to bring out the concessions which the Government proposed to make. The hon. Member opposite wished, in order to secure freedom from religious trouble in this new Council, to reserve to the President of the Board of Education certain appeals which might arise under the Bill. He said quite frankly that he would much sooner be quit of the whole job than not. By that he meant that he would much sooner be free from all responsibility with regard to Wales. He thought the speech of his right hon. friend the President of the Board of Trade must have satisfied those who listened to it that Wales was a country which was justified in the demand it made to have control in a larger degree than any other part of the country over its education, and that there was a most remarkable consensus of opinion in favour of a Council in Wales. But Part IV. left the Board of Education in, he thought, an improper and pangerous posi- tion. He had never been happy under it, and, accordingly, he spent plenty of time in endeavouring to secure that there should be proper Parliamentary control. It had been suggested that Parliamentary control should rest on him, but he did not think any one could run the two systems of education at the same time. The intention and desire was, he thought, to encourage the Welsh people to fix their own curriculum and to develop their educational system on their own lines, and that they should not be hide-bound or confined by the ideas prevalent in Whitehall relative to English education. Therefore, it was contemplated, undoubtedly, that the new Council should have a very considerable voice and say in the matter, but it was also understood that the new Minister would be responsible for the Code, and would be able to strike out any part of it which he felt could not be justified, and which might lead to an extravagant or other improper mode of distribution of its funds. He felt, as he had said, that it was impossible for one man to run the two horses at the same time, and that it was absolutely necessary that there should be a separation of the offices. But he trusted that there would always be, on account of the similarity of their work, between the Welsh Department and the English Board of Education, a perfect understanding and sympathy. He honestly believed that, although this was an experiment—an undefined experiment, in some respects, he agreed—it was an experiment which the Committee could very safely make, having regard to the limited nature of the duties that were to be entrusted to the Council, to the fact that a Minister was to be responsible for it, to the great concessions made by his right hon. friend, and to his perfect willingness to take away from the purview and scope of the Council those vexatious and troublesome questions which excited so much ill-feeling, but which, he hoped, as days went by, would be dissipated into thin air. He really thought, apart from the question of the position of the Minister, which might be worthy of consideration, that the time had come when the House might deal with this matter without much anxiety, and without treating it as a question of enormous constitutional importance. After all, it was a question which had been in the air for many years, and Gentlemen opposite, he believed, had contemplated it in some fashion or another. It was a thing well known and discussed in the Education Office, where they would be glad if they could lighten their work. They were not afraid of being shorn of some of their authority; they were not that kind of office. They had got enough work of their own to do, and they were willing to transfer to faithful shoulders the work in Wales. It was a question, too, which had been well discussed not only in Parliament, but in Wales, and there was not a man in the House or in the country who had not the bona fide belief that the Welsh people were perfectly competent to look after all branches of their education. Their sacrifices and the zeal for education among all classes proved it. He should have thought himself that the plan was open to a good deal of objection, and that a democratic country might have objected to representatives being appointed not directly by the people, but he would not enter on that. It was on the footing of a council of that kind that they could go forward. It did not seem to him the most perfect arrangement, but if it met the desires of the people and was capable of being worked by them, that was good enough for the Government. He did not think there would be any difficulty whatever in having a Minister in the House who should be able to respond to Questions, and who would make himself responsible, and be responsible for the Code and the regulations, and be able to exercise as much control over various local authorities as the President of the Board of Education could. He really thought that the Amendments which had been adumbrated by his right hon. friend would be a great improvement. Although he did not say it would be the most workmanlike piece of work the House ever did, he said it would be a good piece of work, and one likely in the future to redound to the cause of good education in Wales.
said that before the right hon. Gentleman spoke there was really some doubt whether or not the functions of the Minister to be appointed would resemble those of the hon. Member for the Elland Division. They did not know whether they were to have a new Minister with great responsibility, or merely one who would be able to answer the necessary questions. They now knew, however, that they were to have a full-fledged Minister with great Parliamentary responsibilities. The second clear deduction from the speech of the right hon. Gentleman was that the Minister must devote his time to Wales, they could not lump him up with any other duties. If the new Ministry for Wales, as he would almost call it, could be undertaken by anybody except a gentleman appointed for that particular purpose, the only Minister would be the right hon. Gentleman himself. They clearly could not lump up Welsh education with shipping and railways, with the Local Government Board, or the Colonial or Foreign Departments. If they were going to keep it in any department, that department must be the Board of Education. But this the right hon. Gentleman had formally repudiated; he had told them that he would not undertake it. It was quite evident that none of his colleagues could, and therefore they must have a separate Minister for Wales. But there was a third point that emerged. Was it not quite obvious that they could not possibly appoint a Minister for Welsh education without having it clearly in their minds that this was the beginning of a Ministry for Wales which would deal with other subjects? There was no case at present in these islands in which there was a separation of the duties of education from the other executive duties. The offices of Minister for Scotland and of Irish Secretary illustrated this. The duties and position of the Scottish Minister were defined in an Act. Was not that the businesslike and constitutional method of procedure? He pointed out that since the Government had not even put their Amendments on the Paper there would be a difficulty in embodying them in the Bill when the guillotine fell at half-past ten. It was a most preposterous method of doing business.
said the position in Wales was that they had absolute control over municipal education, and they also had absolute control of secondary education under the Secondary Board. That was set up by a Conservative Government. All the money spent by that Secondary Board was spent without any control at all. It was now proposed to set up a similar Board to have control of elementary education as the present Board had to-day of secondary education, and that that Board should have the expenditure of the money obtained from the Parliamentary grant for Wales. It was now said that as a concession there should be a Minister set up who should be not only responsible for the money spent on elementary education but also on secondary education. Right hon. Gentlemen opposite set themselves up as constitutionalists. If that was so, why did they not put this matter right in the Intermediate Education Act of 1889? As they had failed to do so the Government had now come to the rescue, and suggested that a Minister should be appointed who should be responsible for all the money spent on elementary as well as on secondary education. The proposals of the Government would legitimise the position of both elementary and secondary education in Wales. This was a concession which surely every constitutional purist should welcome, but instead the Government were not even thanked. Some hon. Gentlemen seemed to think that a constitutional revolution would be created if this new Council were set up. There were many reasons why it should be set up. Elementary education was now controlled by one authority and secondary education by quite another set of people. Part IV. of the Bill sought to co-ordinate the authority so that people who were responsible for the training of pupil teachers should also be responsible for the schools in which pupil teachers were trained. It might be a very small matter, but it was a very important one in the training of teachers. Anyone knew that the training of teachers was one of the most important things they had to do. There were other matters. They had heard from Ministerial Benches a good many objections to one of the clauses discussed yesterday, because it was said that children who should be taken to secondary schools were taken to higher-grade schools and vice versa. There was no doubt that the work of the higher-grade schools did overlap that of the intermediate and secondary schools in Wales as in England. If this Council were set up it would have the control both of the higher-grade schools and of the intermediate schools, and the overlapping would disappear. The President of the Board of Trade had indicated how the assurances which had been given could be carried out in order to meet every legitimate objection that might be raised, or any legitimate suspicion that might exist that this Council would use its powers unreasonably. Wales had been entrusted with its own university colleges, and with the control of its secondary education. The Board of Education used to send inspectors every year to examine the secondary schools in Wales, but he was told that the inspection had now become a triennial inspection, and even that had almost disappeared. They only asked on behalf of Wales that this House should give them the same powers with regard to elementary education as had already been given in regard to higher and secondary education.
* said he wished to repeat a question put by his right hon. friend to which no answer had been given. The President of the Board of Trade had told the Committee that the Government proposed to move a series of Amendments at a later stage of this clause in order to carry out the views of the Government, and he would ask whether the right hon. Gentleman would put the Amendments on the Paper to-night so that before the Report stage hon. Members would have adequate time to consider them. He would like to say that he was greatly interested in the speech of the President of the Board of Education. It was quite clear that the President of the Board of Education in future would have nothing whatever to do with Wales. The new Minister for the Welsh Education Department would have complete and entire responsibility.
We shall be under the same roof, and I hope we shall get on very well.
* said it had been already pointed out that the transfer of one department to another in this way had been hitherto considered to require an Act to justify it. Apparently that was not now the view. Why, he did not know, but that precedent like others was blown to the winds. The Council of necessity would have to appoint its own inspectors; and presumably the local education authorities, some of which had already got their inspectors, would in future have a third branch of inspection. He could not help thinking that the new department to be created would complicate matters. So far as it introduced adequate Parliamentary control no doubt it was a great improvement. But he really could not understand why Wales should not be content with the President of the Board of Education. The Solicitor-General had said that Clause 37 was a humble measure of departmental reorganisation. Did that coincide with the views of Welsh representatives? If it was merely the grouping of officials in Wales, who were to be placed in a corner of the building in Whitehall and the responsibility towards Parliament was to remain, he could not understand why Welsh Members were not content that the President of the Board of Education should found his own Welsh department within the great department, and himself be the responsible Minister to this House. The President of the Board of Education, whether the right hon. Member for North Bristol or the hon. Baronet the Member for the University of Oxford, was far more qualified to represent education in this House for England at large or Wales in particular than any subordinate Minister by whom this work was to be carried on as a sort of extra. The effect of Clause 37 would not do away with the necessity for the Default Act. The difficulties which led to the Default Act in Wales were caused by what had been described as a state of war. No doubt a state of war
AYES. Abraham, William (Cork, N. E.) Baker, Sir John (Portsmouth) Benn, Sir J. Williams (Devonp'rt Abraham, William (Rhondda) Baker, Joseph A. (Finsbury, E. Benn, W. (T'wr Hamlets, S. Geo.) Acland, Francis Dyke Balfour, Robert (Lanark) Berridge, T. H. D. Adkins, W. Ryland Baring, Godfrey (Isle of Wight) Bertram, Julius Agnew, George William Barker, John Bethell, J. H. (Essex, Romford Allen, Charles P. (Stroud) Barlow, Percy (Bedford) Bethell, T. R. (Essex Maldon) Ambrose, Robert Beauchamp, E. Billson, Alfred Asquith, Rt. Hn. Herbert Henry Bell, Richard Black, Alexander Wm. (Banff) Astbury, John Meir Bellairs, Carlyon Black, Arthur W. (Bedfordshire
had arisen which was very deplorable, but it was always possible owing to some local irritation that a situation of that kind might arise. They had been told that the control of Parliament would be complete, effective and substantial. Under the present Bill hon. Members would remember that the Government continued the Education Default Act with all its mistakes and faults, but when this Bill became law it would be impossible to put the Default Act into operation in Wales, because it only gave power to the Board of Education, which Board would have no control over education in Wales. The Default Act would in future apply to England and it ought therefore to apply also to Wales.
The Default Act only applies to voluntary schools.
* asked why, if that were the case, it was not proposed to repeal the Act. Having continued that Act for England, and having given a pledge that the control of Parliament over education in Wales would be as complete as the central control over education for England, that ought to be taken into consideration by the Government.
said he did not think this matter could be conveniently dismissed before the debate closed. The Government adhered to their Amendments, and they meant to put them down on the Paper in spite of all discouragement. They could not do that until the Bill was through Committee and the Report stage was reached.
Question put
The Committee divided:—Ayes, 279; Noes, 50. (Division List No. 225).
Boland, John Gurdon, Sir W. Brampton Montgomery, H. G. Bolton, T. D. (Derbyshire, N. E. Halpin, J. Mooney, J. J. Boulton, A. C. F. (Ramsey) Hardy, George. A. (Suffolk) Morgan, J. Lloyd (Carmarthen) Brace, William Harmsworth, Cecil B. (Worc'r) Morse, L. L. Bramsdon, T. A. Hart-Davies, T. Murphy, John Branch, James Harvey, A. G. C. (Rochdale) Murray, James Brigg, John Harwood, George Myer, Horatio Bright, J. A. Haslam, James (Derbyshire) Nannetti, Joseph P. Brodie, H. C. Hazleton, Richard Napier, T. B. Brooke, Stopford Hedges, A. Paget Nicholson, Chas. N. (Doncast'r Bryce, Rt. Hn. James (Aberdeen Helme, Norval Watson Nolan, Joseph Bryce, J. A. (Inverness Burghs) Henderson, Arthur (Durham) Norman, Henry Burke, E. Haviland- Higham, John Sharp Norton, Capt. Cecil William Burns, Rt. Hon. John Hodge, John Nussey, Thomas Willans Burnyeat, W. J. D. Hogan, Michael Nuttall, Harry Burt, Rt. Hon. Thomas Holden, E. Hopkinson O'Brien, Kendal (Tipperary Mid Buxton, Rt. Hn. Sydney Chas. Hope, John Deans (Fife, West) O'Brien, Patrick (Kilkenny) Byles, William Pollard Hope, W. Bateman (Somerset, N. O'Connor, James (Wicklow, W. Cairns, Thomas Horniman, Emslie John O'Connor, John (Kildare, N.) Cameron, Robert Horridge, Thomas Gardner O'Connor, T. P. (Liverpool) Carr-Gomm, H. W. Hudson, Walter O'Doherty, Philip Chance, Frederick William Hyde, Clarendon O'Donnell, John (Mayo, S.) Cheetham, John Frederick Illingworth, Percy H. O'Hare, Patrick Cherry, Rt. Hon. R. R. Isaacs, Rufus Daniel O'Shaughnessy, P. J. Clancy, John Joseph Jackson, R. S. O'Shee, James John Clarke, C. Goddard Jacoby, James Alfred Parker, James (Halifax) Cleland, J. W. Johnson, John (Gateshead) Paul, Herbert Clough, W. Johnson, W. Nuneaton) Pearce, Robert (Staffs. Leek) Clynes, J. R. Jones, Sir D. Brynmor (Swans'a Pearce, William (Limehouse) Cogan, Denis J. Jones, Leif (Appleby) Pearson, W. H. M. (Suffolk, Eye Collins, Stephen (Lambeth) Jones, William (Carnarvonshire Pollard, Dr. Condon, Thomas Joseph Kearley, Hudson E. Price, C. E. (Edinburgh, Central Corbett, C. H. (Sussex, E. Grinst'd Kekewich, Sir George Priestley, W. E. B. (Bradford, E. Cotton, Sir H. J. S. Kennedy, Vincent Paul Radford, G. H. Cowan, W. H. Kilbride, Denis Raphael, Herbert H. Cox, Harold King, Alfred John (Knutsford) Rea, Russell (Gloucester) Crean, Eugene Lamb, Edmund G. (Leominster Rea, Walter Russell (Scarboro' Cremer, William Randal Lamb, Ernest H. (Rochester) Redmond, John E. (Waterford Cullinan, J. Lambert, George Redmond, William (Clare) Dalziel, James Henry Lamont, Norman Rendall, Athelstan Davies, Ellis William (Eifion) Leese, Sir Joseph F. (Accrington Richards, T. F. (Wolverh'mpt'n Davies, Timothy (Fulham) Lehmann, R. C. Richardson, A. Davies, W. Howell (Bristol, S.) Lever, A. Levy (Essex, Harwich Rickett, J. Compton Delany, William Lever, W. H. (Cheshire, Wirral) Ridsdale, E. A. Devlin, Chas. Ramsay (Galway Levy, Maurice Roberts, Charles H. (Lincoln) Dewar, John A. (Inverness-sh.) Lewis, John Herbert Roberts, G. H. (Norwich) Dickinson, W. H. (St. Pancras, N. Lloyd-George, Rt. Hon. David Roberts, John H. (Denbighs.) Dobson, Thomas W. Lough, Thomas Robertson, Sir G. Scott (Bradf'rd Dolan, Charles Joseph Lundon, W. Robertson, J. M. (Tyneside) Donelan, Captain A. Lupton, Arnold Robinson, S. Duckworth, James Luttrell, Hugh Fownes Roe, Sir Thomas Rogers, F. E. Newman Duffy, William J. Macdonald, J. M. (Falkirk Bgh's Rowlands, J. Dunn, A. Edward (Camborne) Macpherson, J. T. Rutherford, V. H. (Brentford) Edwards, Enoch (Hanley) MacVeagh, Jeremiah (Down, S. Samuel, Herbert L. (Cleveland) Edwards, Frank (Radnor) M'Callum, John M. Sears, J. E. Essex, R. W. M'Crae, George Seddon, J. Evans, Samuel T. M'Kenna, Reginald Shackleton, David James Eve, Harry Trelawney M'Killop, W. Shaw, Charles Edw. (Stafford) Faber, G. H. (Botson) M'Laren, H. D. (Stafford, W.) Sheehan, Daniel Daniel Fenwick, Charles M'Micking, Major G. Shipman, Dr. John G. Ferens, T. R. Maddison, Frederick Silcock, Thomas Ball Field, William Manfield, Harry (Northants) Smeaton, Donald Mackenzie Findlay, Alexander Marnham, F. J. Snowden, P. Flynn, James Christopher Mason, A. E. W. (Coventry) Soares, Ernest J. Fuller, John Michael F. Meagher, Michael Spicer, Sir Albert Fullerton, Hugh Meehan, Patrick A. Stanley, Hn. A. Lyulph (Chesh. Gill, A. H. Menzies, Walter Steadman, W. C. Ginnell, L. Micklem, Nathaniel Stewart, Halley (Greenock) Glover, Thomas Molteno, Percy Alport Straus, B. S. (Mile End) Goddard, Daniel Ford Mond, A. Stuart, James (Sunderland) Grove, Archibald Money, L. G. Chiozza Sullivan, Donal Gulland, John W. Montagu, E. S. Summerbell, T. Taylor, John W. (Durham) Waterlow, D. S. Williamson, A. Taylor, Theodore C. (Radcliffe) Watt, H. Anderson Wills, Arthur Walters Thomas, Sir A. (Glamorgan, E.) Weir, James Galloway Wilson, John (Durham, Mid) Thompson, J. W. H. (Somerset, E. White, J. D. (Dumbartonshire) Wilson, P. W. (St. Pancras, S. Thorne, William White, Luke (York, E. R.) Wilson, W. T. (Westhoughton) Torrance, Sir A. M. White, Patrick (Meath, North) Winfrey, R. Toulmin, George Whitehead, Rowland Wodehouse, Lord (Norfolk, Mid) Ure, Alexander Whitley, J. H. (Halifax) Wood, T. M'Kinnon Verney, F. W. Whittaker, Sir Thomas Palmer Young, Samuel Vivian, Henry Wiles, Thomas Walton, Joseph (Barnsley) Wilkie, Alexander TELLERS FOR THE AYES—Mr. Ward, John (Stoke upon Trent) Williams, J. (Glamorgno) Whiteley and Mr. J. A. Wason, John Cathcart (Orkney) Williams, Llewelyn (Carmarth'n Pease.
NOES. Acland-Hood, Rt. Hn. Sir Alex. F. Cecil, Lord R. (Marylebone, E.) King, Sir Henry Seymour (Hull) Anson, Sir William Reynell Cochrane, Hon. Thos. H. A. E. Lane-Fox, G. R. Arnold-Forster, Rt. Hn. Hugh O. Corbett, A. Cameron (Glasgow) Lee, Arthur H. (Hants., Fareham Ashley, W. W. Corbett, T. L. (Down, North) Magnus, Sir Philip Aubrey-Fletcher, Rt. Hn. Sir H. Courthope, G. Loyd Nield, Herbert Balcarres, Lord Craik, Sir Henry Pease, Herbert Pike (Darlington Baldwin, Alfred Douglas, Rt. Hon. A. Akers- Percy, Earl Balfour, Rt. Hn. A. J. (City Lond. Faber, Capt. W. V. (Hants, W.) Rasch, Sir Frederic Carne Baring, Hon. Guy (Winchester) Fell, Arthur Rawlinson, John Frederick P. Bignold, Sir Arthur Finch, Rt. Hon. George H. Rutherford, W. W. (Liverpool) Bridgeman, W. Clive Fletcher, J. S. Smith, F. E. (Liverpool, Walton) Bull, Sir William James Forster, Henry William Stone, Sir Benjamin Burdett-Coutts, W. Gardner, Ernest (Berks, East) Valentia, Viscount Butcher, Samuel Henry Hamilton, Marquess of Vincent, Col. Sir C. E. Howard Carlile, E. Hildred Hardy, Laurence (Kent, Ashford Carson, Rt. Hon. Sir Edw. H. Harrison-Broadley, Col. H. B. TELLERS FOR THE NOES— Cavendish, Rt. Hn. Victor C. W. Hills, J. W. Viscount Turnour and Mr. Cecil, Evelyn (Aston Manor) Kennaway, Rt. Hn. Sir John H. Hicks Beach.
moved the omission from subsection (2) of the words "the council of each county and of each county borough shall appoint at least two representatives," and the insertion of the words "regulations shall be made by the Board of Education whereby the minority of each of the constituent local authorities shall appoint to the council a number of representatives bearing the proportion of one to three to the number appointed by the majority of that authority." If this Council was to possess confidence in any degree at all, not merely of one section but of all sections in Wales, it was essential that there should be some representation of minorities. That was essential in the interest of the minorities themselves, and it was not less essential in the interest of the majorities. He noticed from the report of the proceedings of the conference that the opinion was very clear that an Amendment such as the Government were now asked to adopt should be accepted. At the conference Mr. Lewis Morgan moved a resolution to the effect that the minorities should be entitled to a representation of one-third on the Council. The President of the Board of Trade had also expressed himself in that sense. He had no doubt that the right hon. Gentleman would remove the objections of some of those who attended the conference by undertaking that some consideration should be paid to the desires of those who thought that minorities should be represented.
Amendment proposed—
"In page 20, line 23, to leave out all the words after 'that' to the end of the subsection, and insert the words 'regulations shall be made by the Board of Education whereby the minority of each of the constituent local authorities shall appoint to the council a number of representatives bearing the proportion of one to three to the number appointed by the majority of that authority.'"—( Mr. F. E. Smith. )
Question proposed, "That the words proposed to be left out stand part of the clause."
said he was sorry that in going through the Amendments earlier in the day he overlooked this most important matter. He agreed that the representation of minorities was an important question owing to the special conditions of Wales. The Government were anxious that the minorities should be represented, and, with that object in view, the form of Amendment he suggested was, "Provided that regulations shall be made by the Board of Education whereby the council shall be appointed in such a way as to provide for the representation of minorities on the council." This was the form in which he had intended originally to move the subsection, but he understood that the hon. Member attached importance to proportions. Undoubtedly the conference resolution was carried stating that the proportion of one to three should be maintained. If this was the desire it could be realised, for instance, by the cumulative vote, as well as by other methods; but he was anxious to know whether importance was attached to the suggested proportion of one to three.
suggested that the words of the President of the Board of Trade should be accepted. They were essentially fair in the Principality, and after the suggestion which had come from the Treasury Bench he did not think the hon. Member for the Walton Division should press his Amendment in the form in which it was moved.
said that if it were conceded that the representation of the minority should not be less than one in three, the arrangement would be acceptable.
said it was not proposed that it should be one in three. The Government were prepared to go one better.
said the proportion should be as far as practicable not less than one in three. He admitted that by the proposal of the right hon. Gentleman the minorities would get a fairer representation than would be the case under the Amendment of his hon. friend.
. SMITH said he thought the understanding was perfectly definite. He asked leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
said he wished to move an Amendment which he believed would cover all the points which had been raised by his hon. friend opposite.
Amendment proposed—
"In page 20, line 37, at the end, to insert the words, 'The Order shall provide for the distribution of powers and duties as between the council of Wales, the Board of Education, and the Member appointed to represent the council in Parliament. The following powers and duties shall be reserved to the Board of Education: (a) Any appeal to the Board of Education and the determination of any question under this Act, except where the contrary is specially provided in this Act; (b) The regulation and control of state-aided schools;. and (c) All powers and duties of the Board of Education under the Charitable Trust Acts, 1883 to 1894, and the Endowed Schools Acts, 1869 to 1889."—( Mr. Lloyd-George. )
Question proposed, "That these words be there inserted."
* said that they were suddenly confronted with new Amendments which they had never seen before, but which covered hardly any of the points which had been raised by his hon. friend. Apparently the Welsh Council was to have the decision as to whether a school was or was not necessary—a most dangerous power for a local authority to possess, as even the Minister for Education had shown. The President of the Board of Education had stated that when a local education authority suppressed a voluntary school they need not state that it was for any religious or sectarian reason, but on account of the want of accommodation or for sanitary or other purposes. If a local education authority was going to suppress a voluntary school they need not state that it was for any religious reason, but on account of want of accommodation or sanitation, or that they wanted to get rid of a redundant school. If the local authority wanted to suppress a school, or not to pay a teacher a sufficient salary, there was to be no appeal to any superior authority. He was bound to say that they had heard a great many honeyed words from the right hon Gentleman. Living as he did on the borders of Wales, he knew how much importance was to be attached to such words used by the natives of a very courteous nation; but he preferred to judge them more by their actions than by their words. The right hon. Gentleman had instructed an audience of Nonconformists at Brighton how to evade the Act of 1902 by the interposition of all sorts of delays, and his advice had been followed in a specific case at Swansea. Whatever might be said for the Amendment, it would give no effective control over unjust and intolerant proceedings on the part of the Welsh Council. He also objected to the Amendment because it put a premium on disobeying or avoiding the law. He did not see any reason why one part to the country, simply because it refused to obey the law should be given a separate Council and a separate Minister to represent it in Parliament—as for instance Lancashire. [An HON. MEMBER: Why not?] Lancashire had only to resist this Bill if it ever became law, he would point out, as Wales had done, and the present Government should give Lancashire separate treatment from the other parts of the country. That was his point. They had heard a great deal about the anxiety of the Welsh nation for the promotion of education. No doubt that was to a large extent true; but they had also a record of great injustice and intolerance, and they had not been shown to have sufficient expert knowledge and advice for the control of education without the as istance of the Board of Education. He therefore hoped that this Amendment would not be accepted but that a division would be taken upon the matter.
pointed out to the hon. Member that the Welsh schools would be under popular control by reason of this Bill, and that, therefore there would be no occasion for a Defaulting Authorities Act under the new conditions. Under this Act there would be no tests for teachers, because they would be altogether abolished. When the hon. Gentleman dealt with Wales and drew an analogy between Wales and Lancashire, he would ask him to study the history of his own Party in regard to Wales. He would then find that the precedents for the separate treatment of Wales were set by his own Party which created a central Welsh Board. The hon. Member's Party also gave them the Intermediate Education Act. Why did the Conservative Party give them the Intermediate Education Act and a Central Welsh Board? The reasons were given by a Departmental Committee appointed in 1880, who said that the distinctive characteristics of Wales in regard to education supported their claim for separate treatment and for a distinct and national system of education. This claim was greatly strengthened, the Committee said, by the keen desire for education displayed by the masses of the people. The Central Welsh Board was the creation of the Constitutional Party, who also passed the Intermediate Education Act, but the Opposition did not seem to understand that Act, which was one of their own creations. They did not seem to know that a distinguished educationist, Mr. Bruce, furnished a Report upon their central system of education to the Treasury, and it was now proposed that, instead of chiming a grant of money for Wales in that way they should have in the House of Commons a Minister who would be responsible for the conduct of educational affairs in Wales. He thought they had got a very distinct case for the change now suggested showing continuity of policy. The policy was started by the Conservative Party and all that was being done now was to go one better than that Party. They were simply converting a department into a Ministry, and instead of controlling secondary and higher education only they were seeking under this Bill to unify secondary and higher education with elementary education, so that instead of having one controlling body to look after secondary education they should have a Ministry which would control both higher and elementary education, which they could criticise in this House, and which would bring the whole case of Wales before the House, thus insuring that no injustice would be done to the minority.
* said they always welcomed a speech on this subject from the hon. Member for the Arfon Division, because he invariably brought into the discussion of any question a spirit of poetry and enthusiasm too often absent from these debates. He also thought they ought to recognise the conciliatory tone which the President of the Board of Trade had shown throughout the discussion, and therefore he did not wish to introduce a jarring note when he asked the right hon. Gentleman to consider the position in which the Committee stood with regard to this clause. When the Government introduced a clause providing for education in Welsh counties under a National Council the Opposition had pointed out from the inception of the Bill that that clause was extremely crude in its construction. There was no provision for the representation of minorities in local educational authorities, no provision for a representative in this House, very large powers were conferred upon the Council and taken from Government Departments, and there was no control over the Council in regard to the demand or expenditure of money. So matters remained until to-day. So far as they knew up to half-past three this afternoon the Government adhered to what he must call a crude proposal for establishing Home Rule for Wales in educational matters without any responsibility being insured to Parliament. His hon. friend the Member for the Walton Division of Liverpool put down a series of Amendments, but they had no indication that those Amendments would be looked upon with anything but the most unfaltering hostility by the Government, for this was the spirit in which all their Amendments had been regarded. But what had happened? The President of the Board of Trade had no doubt in a most genial manner put before the Committee an entirely different conception of the clause. His explanation put an entirely different complexion upon its provisions. It appeared from his statement that instead of the Council being responsible only to itself and receiving from the Board of Education money which it was to spend at its own will and pleasure, they were to have a Welsh Minister for Education in this House and that a Department for Welsh Education was to be created. They were to have a transfer of the powers of the present Education Department for dealing with Welsh education; a transfer not provided for in the Bill. They were to have a transfer of the staff and the duties of the Board of Education from Whitehall to a new department, and that department was to be represented by a Minister. Whether he was to be an independent Minister or a representative of some other department they did not know. Whether he was to be salaried or unsalaried they did not know. Whether he was bound to vacate his office on appointment and was liable to re-election, that also they did not know. On all these matters they were left in ignorance, and they had to accept the proposal upon Amendments of which they had had no notice and which had never appeared upon the Paper. These Amendments had, in fact, been sprung upon them for the first time in the course of the afternoon. There was another subject of criticism, and that was that it appeared that this new department was to have all the powers of the Board of Education except some which were not specified. It was true that the President of the Board of Education had promised to introduce Amendments upon the Report stage in which his proposals would be embodied, but they had never seen those proposals.
I mentioned them just now.
* said that that was quite true, but that was in accordance with his statement that although they had heard them stated they had never seen them upon the Paper. No doubt the President of the Board of Trade put these proposals before the Committee very clearly, but they were still of a somewhat intangible character, and they were asked to accept as satisfactory a clause which had been laid before them only within the last half-hour. They had never seen it in a written form.
passed across the Table to the hon. Baronet a paper which set forth his proposals
* thanked the right hon. Gentleman and read the document, but still complained that the Committee had not had sufficient notice of the Amendment. He admitted that the concessions made were important, but surely when they were dealing with the cutting into two sections of one important department the House was entitled to more than a momentary period for consideration. He did not think any one who had had anything to do with the Board of Education could doubt for a moment that a combination of a Board of Education for Wales and the Board of Education for England, reserving to the Board of Education for England an appellate jurisdiction over the Board of Education for Wales, but delegating a number of powers from the one to other, would create a most complicated machinery in the conduct of education and create friction between the two departments for England and Wales. He asked whether it was fair to the cause of education or fair to the Opposition that a matter of this magnitude should be dealt with in such a way. The regulation of secondary education in itself was a matter of growing importance, and he did not think that the Government were justified in treating it thus. The question as to the jurisdiction which was to be reserved to the Education Department in England also seemed to him to be a very important question, and in his opinion this Amendment did not cover the ground which was traversed by the Amendments of his hon. friend the Member for the Walton ivision of Liverpool. But the Amendment itself created difficulties. They were told that State-aided schools were to be reserved from the jurisdiction of the Welsh Department, but the question was not merely whether that was desirable or not. Were the State-aided schools, which he understood were to be exempt from the control of the local authority, to come under the Code of the Board of Education or that of the National Council? On what ground was the Parliamentary grant to be determined? Was it to be determined as in England by the Code, and from that Code were the State-aided schools to be excepted? Was there to be a Code for Wales and, if so, were the State-aided schools to come under that Code or the English Code? He did not ask these questions because he wished to be difficult or tedious, but because he thought the Government had entered into a very difficult question suddenly on a warm summer afternoon from which the impromptu schemes of the right hon. Gentleman the President of the Board of Trade, brilliant improvisations though they might be, could not extricate them.
said he had considered, as far as he had been able under the difficult circumstances in which he had been placed, the Amendment put down by the Government in substitution for that which he had proposed to move. Having considered it he had reluctantly come to the conclusion that it did not in fact carry out either what was promised or what those entitled to speak for the voluntary schools had a right to ask for. The question was raised at the conference to which allusion had been made, not merely on the question of revenue and on two or three other points in the purview of the Welsh Council, in order that they might be dealt with by the Board of Education; it was raised on a much broader ground, as was shown by the Amendment moved by Mr. Lewis Morgan which was drawn up in the widest possible language. That Amendment read as follows—
"In case any appeal should be made by the trustees and managers of the non-provided schools against any decision or act of the local education authority, such appeal should be to the Board of Education and not to the Council."
If anything securing that had been expressed in the Government Amendment there would have been no reason why he should have persevered, as an alternative, with the Amendment which he had placed upon the Paper. But one became a little doubtful, not of the good faith of the right hon. Gentleman, but of the success with which he carried out his intention when he said that this Amendment was the only possible way of commending the proposals of the conference to all schools of religious thought in. Wales. He submitted that his Amendment did secure everything that was asked for by the Amendment of Mr. Lewis Morgan at the conference. He with great respect pointed out to the right hon. Gentleman that unless the Amendment did categorically state that all denominational questions were to be excluded from the jurisdiction of the Council there would be no satisfaction at all so far as the voluntary schools were concerned. Until some more explicit explanation was given he maintained that the Amendment which he had put down was more likely to secure the results they desired.
said he thought there was no difference so far as intention was concerned between the hon. Member for the Walton division and himself. The hon. Member had called attention to the amendment moved by Mr. Lewis Morgan at the conference, but he thought the clause as he had read it to the Committee embodied the proposals of that amendment. If it did not he would certainly be prepared upon Report to agree to any Amendment which would carry out that pledge. The noble Lord's proposal was that in case any appeal were allowed under the Bill of 1906 it should be to the Board of Education, and not to the National Council. He thought sub-section (a) of the Amendment he had produced meant that. Therefore it seemed to him that they had carried out the pledge given at the conference. The right hon. Baronet the Member for the Oxford University had raised the question of the regulation of State-aided schools. He quite admitted that that was so controversial a question that they could not expect the representatives of the voluntary schools to have perfect confidence in the National Council. The hon. and learned Gentleman had asked whether this meant that they were going to have a separate Code for the State-aided schools. He should certainly think not. He should say that the Board of Education would examine these special schools according to the same standards as were applicable to all the other schools in Wales. All that was wanted was that they should be tested fairly according to the same standards as were applicable to all other schools in the country. The hon. Baronet the Member for the University of Oxford had admitted that the Government were making a very considerable concession in this Amendment. All the appeals under Sections 2, 3, 4, and 33 must go straight to the Board of Education. The Council would not intervene at all in these matters. Surely that was a very considerable concession. It meant that whenever denominational rights came into conflict with the county councils of Wales, this body, which represented the county councils, would not be called upon to adjudicate, but the Board of Education would adjudicate exactly as it did in England. He thought the hon. and learned Member for the Walton Division of Liverpool would admit that the Government had covered in this Amendment all the points that he had raised. As regarded the suggestion that there should be an appeal to the Board of Education, the Government thought that upon the whole the appeals should go to the Minister who was responsible to the House of Commons. The hon. and learned Gentleman was concerned about the points that would arise under Section 5. Under that section the question was one concerning new schools to be built, which came under the conditions of Clause 4. Supposing there was no National Council, the county councils in Wales would decide in the first instance whether they would allow them. If they did not allow them there was no appeal to the Board of Education provided by the Bill. At the present moment there was no appeal; but if eventually on the Report stage or elsewhere an appeal was inserted it would go to the Board of Education and not to the National Council, so that really these cases were covered by the words he had read out to the Committee.
was sure the President of the Board of Trade was doing his best to redeem the various pledges that at different times he had given, but the right hon. Gentle man made a profound mistake if he thought that he had convinced the Committee that he and his friends had got out of the extraordinary and unnecessary difficulty into which they had plunged themselves. The Committee were now in a state of hopeless confusion. The right hon. Gentleman had added to the confusion by the statement he had just made. He had now stated that the State-aided schools were not to be under the new Minister for Education in Wales, but were to be under the Education Department in England. The unfortunate Minister for Education in England, as distinguished from Wales, would have to administer, in the first place, the English schools under the English Code. He believed there was one happy moment when the right hon. Gentleman cherished the illusion that he had got rid of Wales altogether. But he had had a rude awakening, for he had discovered that there must be an appeal on all these religious and controversial topics from the Welsh authority, not to the Welsh Education Minister, but to the English Education Minister. They were to have two education authorities not divided by any clear and rational line. That was an extraordinary and anomalous position. Moreover, the State-aided schools in Wales were to be taken out of the Welsh educational system, and were to be administered by the English Education Minister under a code which he had not authorised, and for which his Department was not responsible, and about which his Department was completely ignorant. That was not very satisfactory. That seemed to him to be a confused system and he did not think it would be a pleasant system for the Education Minister for England. The unhappy Minister for Welsh Education, who was to get no salary, but was privileged to lose his seat upon election, might be brought into conflict, not with one isolated local education authority, but with a body representing Wales in its unity, Wales as a nation. By statute he was required to control them. Had he the power of mandamus and would that power be of any use if he had it? There was no machinery provided for this purpose. Had the right hon. Gentleman in his waistcoat pocket manuscript Amendments which would instruct the Committee as to how this unfortunate Minister, responsible for education in Wales, was to come down to this House and answer for that great national assembly which it was his statutory, but unpaid, duty to control? Surely it was slowly dawning on the Government that they could not in twenty minutes knock up a new constitution, even for Wales. Those in charge of the Bill could not in this casual way, without consulting their colleagues and without putting Amendments on the Paper, interfere with an ancient constitution like the Welsh constitution without getting into a hopeless muddle. The Government had got themselves into a hopeless muddle. The Nemesis was inevitable, but it had been speedy. The President of the Board of Trade unfolded his scheme at four o'clock and each succeeding half-hour had added to the mess in which they found themselves. The Committee were now approaching the hour at which, by a most happy foresight, the Government had contrived a method to get them out of the difficulty, and nothing less would do it. The solution was only a temporary one; it was the best they could get. If they could not answer a question, if they could not meet an argument, if their scheme, even by its own supporters, was regarded as a hopeless tangle ["Oh"], the guillotine was the only solution.
asked the President of the Board of Trade whether he intended to propose any Amendment by which the House would have an opportunity of considering the distribution of powers and duties contemplated in sub-section (4) of the clause. He suggested that some alleviation of the strain might be made if the right hon. Gentleman would put in a provision that any such distribution should lie upon the Table of the House and not become law until the House passed it. That was simply asking that these matters should not be entirely withdrawn from the cognisance of the House. That would hold out some hope as to their being able to come to a conclusion as to what were to be the functions of the three different departments which were to administer one subject matter. Hon. Members might then have some opportunity of coming to a conclusion as to whether they were really carrying out the wishes of the House or not. If the matter was left as it stood at present all he could say was that, so far as the House was concerned in the absence of such a provision, they were simply passing a farrago of nonsense.
said that sub-section (7) provided that—
"An Order in Council made for the purposes of this section may be varied or revoked by any subsequent Order so made."
The result was that it would be entirely in the option of the Government to make any Order they liked whether in accordance with the Amendment of the right hon. Gentleman or not. He could not think that the Government really intended that. He suggested that the eighth sub-section must be amended in order to give Parliament some control over the grants.
said the noble Lord's objection was met by the provision in sub-section (8) whch required that—
"The draft of any Order in Council proposed to be made under this section shall be laid before each House of Parliament for not less than four weeks during which that House is sitting before it is submitted to Hia Majesty in Council."
Would the right hon. Gentleman say what opportunity the House would have of discussing the Order?
said the House would have the same opportunity in this case as in the case of any other Order in Council which had to be laid before Parliament. In the absence of the Leader of the Opposition they were getting on admirably, because the debate was conducted by men who knew something about it. He did not think the right hon. Gentleman cared whether concessions were made or not. The Government had been making a real and serious effort to meet the criticisms and to allay the apprehensions of his own countrymen who did not happen to agree with him on certain points. They had gone very far in attempting to meet them. Then the right hon. Gentleman came in, and without having followed the course of the debate at all, without having the slightest notion of what concessions had been made, he denounced the Government, not for the clause, but for the concessions which they had made. He did not know that in making that speech he was ridiculing an Amendment put upon the Paper by one of his ablest supporters.
said he could not commend to the taste and judgment of the House the words of the right hon. Gentleman. (Interruption.)
appealed to members on the Ministerial side to allow the right hon. Gentleman to be heard.
said that if any stranger had listened to the debate he would not have placed the brand of ignorance of the subject upon his right hon. friend. They had had this question discussed, and members of the Government had been unable time after time, even after consultation one with another, to give the slightest enlightenment in regard to the clause which they had themselves introduced. He repudiated and he believed the country would repudiate, the discourteous expressions imputing to his right hon. friend ignorance of a subject of which he was a past master, and upon which the President of the Board of Trade had a vast amount to learn.
Question put, "That those words be there inserted."
The Committee divided: Ayes 387, Noes 105. (Division List No. 226.)
AYES. Abraham, William (Cork, N. E.) Barlow, John Emmott (Somerset Billson, Alfred Abraham, William (Rhondda) Barlow, Percy (Bedford) Birrell, Rt. Hon. Augustine Acland, Francis Dyke Barnes, G. N. Black, Alexander Wm. (Banff) Adkins, W. Ryland D. Barran, Rowland Hirst Black, Arthur W. (Bedfordshire Agnew, George William Beale, W. P. Boland, John Alden, Percy Beauchamp, E. Bolton, T. D. (Derbyshire, N. E. Allen, A. Acland (Christchurch) Beaumont, W. C. B. (Hexham) Boulton, A. C. F. (Ramsey) Allen, Charles P. (Stroud) Bell, Richard Brace, William Ambrose, Robert Bellairs, Carlyon Bramsdon, T. A. Astbury, John Meir Benn, Sir J. Williams (Devonp'rt Branch, James Baker, Sir John (Portsmouth) Benn, W. (T'w'r Hamlets, S. Geo Brigg, John Baker, Joseph A. (Finsbury, E. Berridge, T. H. D. Bright, J. A. Balfour, Robert (Lanark) Bertram, Julius Brocklehurst, W. B. Baring, Godfrey (Isle of Wight) Bethell, J. H. (Essex, Romford Brodie, H. C. Barker, John Bethell, T. R. (Essex, Maldon) Brooke, Stopford Bryce, Rt. Hn. James (Aberdeen Fenwick, Charles Lamont, Norman Bryce, J. A. (Inverness Burghs) Ferens, T. R. Law, Hugh A. (Donegal, W.) Buckmaster, Stanley O. Field, William Leese, Sir J. F. (Accrington) Burke, E. Haviland- Fiennes, Hon. Eustace Lehmann, R. C. Burns, Rt. Hn. John Findlay, Alexander Lever, A. Levy (Essex, Harwich Burnyeat, W. J. D. Flynn, James Christopher Lever, W. H. (Cheshire, Wirrall) Burt, Rt. Hon. Thomas Foster, Rt. Hon. Sir Walter Levy, Maurice Buxton, Rt. Hn. Sydney Chas. Fuller, John Michael F. Lewis, John Herbert Byles, William Pollard Fullerton, Wugh Lloyd-George, Rt. Hon. David Cairns, Thomas Furness, Sir Christopher Lough, Thomas Cameron, Robert Gill, A. H. Lundon, W. Carr-Gomm, H. W. Ginnell, L. Lupton, Arnold Causton, Rt. Hn. Richard Knight Glover, Thomas Luttrell, Hugh Fownes Cawley, Frederick Goddard, Daniel Ford Lyell, Charles Henry Chance, Frederick William Gooch, George Peabody Macdonald, J. R. (Leicester) Channing, Francis Allston Greenwood, G. (Peterborough) Macdonald, J. M. (Falkirk B'ghs) Cheetham, John Frederick Grey, Rt. Hn. Sir Edward Maclean, Donald Cherry, Rt. Hon. R. R. Grove, Archibald Macnamara, Dr. Thomas J. Churchill, Winston Spencer Gulland, John W. Macpherson, J. T. Clancy, John Joseph Gurdon, Sir W. Brampton MacVeagh, Jeremiah (Down, S. Clarke, C. Goddard Haldane, Rt. Hon. Richard B. M'Arthur, William Cleland, J. W. Halpin, J. M'Callum, John M. Clough, W. Hardie, J. K. (Merthyr Tydvil) M'Crae, George Clynes, J. R. Hardy, George A. (Suffolk) M'Hugh, Patrick A. Coats, Sir T. Glen (Renfrew, W.) Harmsworth, Cecil B. (Worc'r) M'Kenna, Reginald Cobbold, Felix Thornley Harmsworth, R. L. (Caithn'ss-sh M'Killop, W. Cogan, Denis J. Harvey, A. G. C. (Rochdale) M'Laren, H. D. (Stafford, W.) Collins, Stephen (Lambeth) Harwood, George M'Micking, Major G. Collins, Sir Wm. J. (S. Pancras, W. Haslam, James (Derbyshire) Maddison, Frederick Condon, Thomas Joseph Hayden, John Patrick Mallet, Charles E. Cooper, G. J. Hazleton, Richard Manfield, Harry (Northants) Corbett, C. H. (Sussex, E. Grinst'd Hedges, A. Paget Marnham, F. J. Cornwall, Sir Edwin A. Helme, Norval Watson Mason, A. E. W. (Coventry) Cotton, Sir H. J. S. Henderson, Arthur (Durham) Massie, J. Cowan, W. H. Henry, Charles S. Meagher, Michael Cox, Harold Herbert, Colonel Ivor (Mon. S.) Meehan, Patrick A. Craig, Herbert J. (Tynemouth) Higham, John Sharp Menzies, Walter Crean, Eugene Hobart, Sir Robert Micklem, Nathaniel Cremer, William Randal Hobhouse, Charles E. H. Molteno, Percy Alport Crombie, John William Hodge, John Mond, A. Crosfield, A. H. Hogan, Michael Money, L. G. Chiozza Crossley, William J. Holden, E. Hopkinson Montagu, E. S. Cullinan, J. Holland, Sir William Henry Montgomery, H. C. Dalmeny, Lord Hope John Deans (Fife, West Mooney, J. J. Dalziel, James Henry Hope, W. Bateman (Somerset, N. Morgan, G. Hay (Cornwall) Davies, Ellis William (Eifion) Horniman, Emslie John Morgan, J. Lloyd (Carmarthen) Davies, M. Vaughan- (Cardigan Horridge, Thomas Gardner Morrell, Philip Davies, Timothy (Fulham) Hudson, Walter Morse, L. L. Davies, W. Howell (Bristol, S.) Hyde, Clarendon Morton, Alpheus Clecphas Delany, William Illingworth, Percy H. Murphy, John Devlin, Chas. Ramsay (Galway Isaacs, Rufus Daniel Murray, James Dewar, Arthur (Edinburgh, S.) Jackson, R, S. Myer, Horatio Dewar, John A. (Inverness-sh.) Jacoby, James Alfred Nannetti, Joseph P. Dickinson, W. H. (St. Pancras, N. Jardine, Sir J. Napier, T. B. Dickson-Poynder, Sir John P. Jenkins, J. Newnes, F. (Notts. Bassetlaw) Dobson, Thomas W. Johnson, John (Gateshead) Nicholls, George Dolan, Charles Joseph Johnson, W. (Nuneaton) Nicholson, Chas. N. (Doncast'r) Donelan, Captain A. Jones, Sir D. B. (Swansea) Nolan, Joseph Duckworth, James Jones, Leif (Appleby) Norman, Henry Duffy, William J. Jones, Wm. (Carnarvonshire) Norton, Capt. Cecil William Duncan, C. (Barrow-in-Furness Jowett, F. W. Nussey, Thomas Willans Dunn, A. Edward (Camborne) Kearley, Hudson E. Nuttall, Harry Edwards, Enoch (Hanley) Kekewich, Sir George O'Brien, K. (Tipperary-Mid.) Edwards, Frank (Radnor) Kennedy, Vincent Paul O'Brien, Patrick (Kilkenny) Elibank, Master of Kilbride, Denis O'Connor, James (Wicklow, W. Ellis, Rt. Hon. John Edward Kincaid-Smith, Captain O'Connor, John (Kildare, N.) Erskine, David C. King, Alfred John (Knutsford) O'Connor, T. P. (Liverpool) Essex, R. W. Kitson, Sir James O'Donnell, C. J. (Walworth) Evans, Samuel T. Laidlaw, Robert O'Donnell, John (Mayo, S.) Eve, Harry Trelawney Lamb, Edmund G. (Leominster) O'Dowd, John Everett, R. Lacey Lamb, Ernest H. (Rochester) O'Hare, Patrick Faber, G. H. (Boston) Lambert, George O'Malley, William O'Shaughnessy, P. J. Runciman, Walter Torrance, Sir A. M. O'Shee, James John Russell, T. W. Toulmin, George Parker, James (Halifax) Rutherford, V. H. (Brentford) Trevelyan, Charles Philips Partington, Oswald Samuel, Herbert L. (Cleveland) Ure, Alexander Paul, Herbert Samuel, S. M. (Whitechapel) Verney, F. W. Pearce, Robert (Staffs. Leek) Scarisbrick, T. T. L. Vivian, Henry Pearce, William (Limehouse) Schwann, C. Duncan (Hyde) Walters, John Tudor Pearson, Sir W. D. (Colchester) Schwann, Sir C. E. (Manchester Walton, Joseph (Barnsley) Pearson, W. H. M. (Suffolk, Eye) Scott, A. H. (Ashton under Lyne Ward, J. (Stoke upon Trent) Perks, Robert William Sears, J. E. Wardle, George J. Philipps, Col. Ivor (S'thampton Seaverns, J. H. Wason, Eugene (Clackmannan) Philipps Owen C. (Pembroke) Seddon, J. Wason, John Cathcart (Orkney) Pirie, Duncan V. Seely, Major J. B. Waterlow, D. S. Pollard, Dr. Shackleton, David James Watt, H. Anderson Power, Patrick Joseph Shaw, Charles Edw (Stafford) Wedgwood, Josiah C. Price, C. E. (Edinb'gh, Central) Sheehan, Daniel Daniel Weir, James Galloway Price, Robert John (Norfolk, E. Shipman, Dr. John G. Whitbread, Howard Priestley, W. E. B. (Bradford, E. Silcock, Thomas Ball White, J. D. (Dumbartonshire) Radford, G. H. Sinclair, Rt. Hon. John White, Luke (York, E. R.) Rainy, A. Rolland Smeaton, Donald Mackenzie White, Patrick (Meath, North) Raphael, Herbert H. Snowden, P. Whitehead, Rowland Rea, Russell (Gloucester) Soares, Ernest J. Whitley, J. H. (Halifax) Rea, Walter Russell (Scarboro') Spicer, Sir Albert Whittaker, Sir Thomas Palmer Redmond, John E. (Waterford) Stanley, Hn A. Lyulph (Chesh.) Wiles, Thomas Redmond, William (Clare) Steadman, W. C. Wilkie, Alexander Rees, J. D. Stewart, Halley (Greenock) Williams, J. (Glamorgan) Rendall, Athelstan Strachey, Sir Edward Williams, L. (Carmarthen) Richards, T. F. (Wolverhampt'n Straus, B. S. (Mile End) Williamson, A. Richardson, A. Strauss, E. A. (Abingdon) Wills, Arthur Walters Rickett, J. Compton Stuart, James (Sunderland) Wilson, H. J. (York, W. R.) Ridsdale, E. A. Sullivan, Donal Wilson, John (Durham, Mid) Roberts, Chas. H. (Lincoln) Summerbell, T. Wilson, J. H. (Middlesbrough) Roberts, G. H. (Norwich) Taylor, John W. (Durham) Wilson, J. W. (Worcestersh. N.) Roberts, John H. (Denbighs) Taylor, Theodore C. (Radcliffe) Wilson, P. W. (St. Pancras, S.) Robertson, Rt. Hn. E. (Dundee) Tennant, Sir Edw. (Salisbury) Wilson, W. T. (Westhoughton) Robertson, Sir G. Scott (Bradf'rd Tennant, H. J. (Berwickshire) Winfrey, R. Robertson, J. M. (Tyneside) Thomas, Abel (Carmarthen, E. Wodehouse, Lord (Norfolk, Mid) Robinson, S. Thomas, Sir A. (Glamorgan, E. Wood, T. M'Kinnon Robson, Sir William Snowdon Thomas, David A. (Merthyr) Woodhouse, Sir J. T. (Huddersf'd Roe, Sir Thomas Thomasson, Franklin Young, Samuel Rogers, F. E. Newman Thompson, J. W. H. (Somerset, E. Rose, Charles Day Thorne, William TELLERS FOR THE AYES—Mr. Rowlands, J. Tomkinson, James Whiteley and Mr. J. A. Pease.
NOES. Acland-Hood, Rt. Hn Sir Alex F. Cavendish, Rt. Hn. Victor C. W. Hardy, L. (Kent, Ashford) Anson, Sir William Reynell Cecil, Evelyn (Aston Manor) Harrison-Broadley, Col. H. B. Anstruther-Gray, Major Cecil, Lord John P. Joicey- Hay, Hon. Claude George Arkwright, John Stanhope Coates, E. Feetham (Lewisham) Helmsley, Viscount Arnold-Forster, Rt. Hn. H. O. Cochrane, Hn. Thos. H. A. E. Hervey, F. W. F. (Bury S Edm'ds Ashley, W. W. Corbett, A. Cameron (Glasgow) Hill, Sir Clement (Shrewsbury) Aubrey-Fletcher, Rt. Hn. Sir H. Corbett, T. L. (Down, North) Hill, Henry Staveley (Staff'sh.) Balcarres, Lord Courthope, G. Loyd Hills, J. W. Baldwin, Alfred Craig, Chas. Curtis (Antrim, S. Hornby, Sir William Henry Balfour, Rt. Hn A. J. (City Load.) Craik, Sir Henry Houston, Robert Paterson Balfour, Capt, C. B. (Hornsey) Dalrymple, Viscount Kennaway, Rt Nn. Sir John H. Banbury, Sir Frederick George Doughty, Sir George Keswick, William Baring, Hon. Guy (Winchester) Douglas, Rt. Hn. A. Akers King, Sir H. Seymour (Hull) Barrie, H. T. (Londonderry, N. Du Cros, Harvey Lambton, Hn. Frederick Wm. Beach, Hn. Michael Hugh H. Duncan, R. (Lanark, Govan) Lane-Fox, G. R. Beckett, Hon. Gervase Faber, George Denison (York) Lee, A. H. (Hants., Fareham) Bignold, Sir Arthur Faber, Capt. W. V. (Hants., W.) Liddell, Henry Bowles, G. Stewart Fardell, Sir T. George Long, Col. Chas. W. (Evesham) Bridgeman, W. Clive Fell, Arthur Long, Rt. Hn. Walter (Dublin S. Brotherton, Edward Allen Finch, Rt. Hon. George H. Lyttelton, Rt. Hn. Alfred Bull, Sir William James Fletcher, J. S. MacIver, David (Liverpool) Burdett-Coutts, W. Forster, Henry William Magnus, Sir Philip Butcher, Samuel Henry Gardner, Ernest (Barks, East) Mason, James F. (Windsor) Carlile, E. Hildred Gibbs, G. A. (Bristol, West) Muntz, Sir Philip A. Carson, Rt. Hn. Sir Edw. H. Haddock, George R. Nicholson, Wm. G. (Petersfield) Cave, George Hamiton, Marquess of Nield, Herbert Parker, Sir Gilbert (Gravesend Smith, F. E. (Liverpool, Walton Willoughby de Eresby, Lord Parkes, Ebenezer Smith, Hon. W. F. D. (Strand) Wilson, A. Stanley (York, E. R. Pease, Herbert Pike (Darlington) Starkey, John R. Wortley, Rt. Hn. C. B. Stuart Percy, Earl Talbot, Rt. Hn. J. G. (Oxf'd Univ Wyndham, Rt. Hon. George Rasch, Sir Frederic Carne Thomson, W. Mitchell-(Lanark Younger, George Remnant, Jas. Farquharson Turnour, Viscount Roberts, S. (Sheffield, Ecclesall Valentia, Viscount TELLERS FOR THE NOES— Rutherford, John (Lancashire) Vincent, Col. Sir C. E. Howard Lord Robert Cecil and Mr. Rutherford, W. W. (Liverpool) Walrond, Hon. Lionel Rawlinson. Sassoon, Sir Edward Albert Warde, Col. C. E. (Kent, Mid.) Scott, Sir S. (Marylebone, W.) Williams, Col. R. (Dorset, W.)
And, it being after half-past Ten of the clock, the Chairman proceeded, pursuant to the Order of the House of the 18th June, to put forthwith the Question necessary to dispose of Clause 37:—
Question put, "That Clause 37, as amended, stand part of the Bill."
The Committee divided: Ayes 395, Noes 107. (Division List No. 227.)
AYES. Abraham, Wm. (Cork, N. E.) Burns, Rt. Hon. John Dobson, Thomas W. Abraham, William (Rhondda) Burnyeat, W. J. D. Dolan, Charles Joseph Acland, Francis Dyke Burt, Rt. Hon. Thomas Donelan, Captain A. Adkins, W. Ryland D. Buxton, Rt. Hn Sydney Charles Duckworth, James Agnew, George William Byles, William Pollard Duffy, William J. Alden, Percy Cairns, Thomas Duncan, C. (Barrow-in-Furness Allen, A. Acland (Christchurch) Cameron, Robert Dunn, A. Edward (Camborne) Allen, Charles P. (Stroud) Carr-Gomm, H. W. Edwards, Clement (Denbigh) Ambrose, Robert Causton, Rt. Hn. Richard K. Edwards, Enoch (Hanley) Asquith, Rt. Hn Herb. Henry Cawley, Frederick Edwards, Frank (Radnor Astbury, John Meir Chance, Frederick William Elibank, Master of Baker, Sir John (Portsmouth) Channing, Francis Allston Ellis, Rt. Hn. John Edward Baker, Joseph A. (Finsbury, E.) Cheetham, John Frederick Erskine, David C. Balfour, Robert (Lanark) Cherry, Rt. Hon. R. R. Essex, R. W. Baring, Godfrey (Isle of Wight) Churchill, Winston Spencer Evans, Samuel T. Barker, John Clancy, John Joseph Eve, Harry Trelawney Barlow, John E. (Somerset) Clarke, C. Goddard Everett, R. Lacey Barlow, Percy (Bedford) Cleland, J. W. Faber, G. H. (Boston) Barnes, G. N. Clough, W. Fenwick, Charles Barran, Rowland Hirst Flynes, J. R. Ferens, T. R. Beale, W. P. Coats, Sir T. Glen (Renfrew, W. Field, William Beauchamp, E. Cobbold, Felix Thornley Fiennes, Hon. Eustace Beaumont, W. C. B. (Hexham) Cogan, Denis J. Findlay, Alexander Bell, Richard Collins, Stephen (Lambeth) Flynn, James Christopher Bellairs, Carlyon Collins, Sir Wm. J. (S. P'ncrs, W. Foster, Rt. Hn. Sir Walter Benn, Sir J. Williams (Dev'np'rt Condon, Thomas Joseph Fuller, John Michael F. Benn, W. (T'w'r Hamlets, S. Geo Cooper, G. J. Fullerton, Hugh Berridge, T. H. D. Corbett, CH (Sussex, E. Grinst'd) Furness, Sir Christopher Bertram, Julius Cornwall, Sir Edwin A. Gill, A. H. Bethell, J. H. (Essex, Romford) Cotton, Sir H. J. S. Ginnell, L. Bethell, T. R. (Essex, Maldon) Cowan, W. H. Gladstone, Rt. Hn. Herbert J. Billson, Alfred Cox, Harold Glover, Thomas Birrell, Rt. Hon. Augustine Craig, Herb. J. (Tynemouth) Goddard, Daniel Ford Black, Alexander Wm. (Banff) Crean, Eugene Gooch, Geroge Peabody Black, A. W. (Bedfordshire) Cremer, William Randal Greenwood, G. (Peterborough) Boland, John Crombie, John William Grey, Rt. Hn. Sir Edward Bolton, T. D. (Derbyshire, N. E. Crosfield, A. H. Grove, Archibald Boulton, A. C. F. (Ramsey) Crossley, William J. Gulland, John W. Brace, William Cullinan, J. Gurdon, Sir W. Brampton Bramsdon, T. A. Dalmeny, Lord Haldane, Rt. Hn. Richard B. Branch, James Dalziel, James Henry Halpin, J. Brigg, John Davies, Ellis William (Eifion) Hardie, J. Keir (Merthyr Tydvil Bright, J. A. Davies, M. Vaughan- (Cardigan Hardy, George A. (Suffolk) Brooklehurst, W. B. Davies, Timothy (Fulham) Harmsworth, Cecil B. (Worc'r Brodie, H. C. Davies, W. Howell (Bristol, S.) Harmsworth, R. L. (Caithn'ss-sh Brooke, Stopford Delany, William Harvey, A. G. C. (Rochdale) Bryce, Rt. Hn. Jas. (Aberdeen) Devlin, Chas. Ramsay (Galway Harwood, George Bryce, J. A. (Inverness Burghs) Dewar, Arthur (Edinburgh, S.) Haslam, Jas. (Derbyshire) Buchanan, Thomas Ryburn Dewar, John A. (Inverness-sh. Hayden, John Patrick Buckmaster, Stanley O. Dickinson, W. H. (St. Pancras, Hazleton, Richard Burke, E. Haviland- Dickson-Poynder, Sir John P. Hedges, A. Paget Helme, Norval Watson Manfield, Harry (Northants) Rickett, J. Compton Henderson, Arthur (Durham) Marnham, F. J. Ridsdale, E. A. Henry, Charles S. Mason, A. E. W. (Coventry) Roberts, Chas. H. (Lincoln) Herbert, Col. Ivor (Mon., S.) Massie, J. Roberts, G. H. (Norwich) Higham, John Sharp Meagher, Michael Roberts, John H. (Denbighs.) Hobart, Sir Robert Meehan, Patrick A. Robertson, Rt. Hn. E. (Dundee Hobhouse, Charles E. H. Menzies, Walter Robertson, Sir G. Scott (Bradf'd Hodge, John Micklem, Nathaniel Robertson, J. M. (Tyneside) Hogan, Michael Molteno, Percy Albert Robinson, S. Holden, E. Hopkinson Mond, A. Robson, Sir William Snowdon Holland, Sir William Henry Money, L. G. Chiozza Roe, Sir Thomas Hope, John Deans (Fife, West) Montagu, E. S. Rogers, F. E. Newman Hope, W. Bateman (Somerset) Montgomery, H. G. Rose, Charles Day Horniman, Emslie John Mooney, J. J. Rowlands, J. Horridge, Thomas Gardner Morgan, G. Hay (Cornwall) Runciman, Walter Hudson, Walter Morgan, J. Lloyd (Carmarthen) Russell, T. W. Hyde, Clarendon Morrell, Philip Rutherford, V. H. (Brentford) Illingworth, Percy H. Morse, L. L. Samuel, Herb. L. (Cleveland) Isaacs, Rufus Daniel Morton, Alpheus Cleophas Samuel, S. M. (Whitechapel) Jackson, R. S. Murphy, John Scarisbrick, T. T. L. Jacoby, James Alfred Murray, James Schwann, C. Duncan (Hyde) Jardine, Sir J. Myer, Horatio Schwann, Sir C. E. (Manchester Jenkins, J. Nannetti, Joseph P. Scott, A. H. (Ashtonunder Lyne Johnson, John (Gateshead) Napier, T. B. Sears, J. E. Johnson, W. (Nuneaton) Newnes, F. (Notts, Bassetlaw) Seaverns, J. H. Jones, Sir D. B. (Swansea) Nicholls, George Seddon, J. Jones, Leif (Appleby) Nichalson, Chas. N. (Doncast'r Seely, Major J. B. Jones, Wm. (Carnarvonshire) Nolan, Joseph Shackleton, David James Jowett, F. W. Norman, Henry Shaw, Charles Edw. (Stafford) Kearley, Hudson E. Norton, Capt. Cecil William Sheehan, Daniel Daniel Kekewich, Sir George Nussey, Thomas Willans Shipman, Dr. John G. Kennedy, Vincent Paul Nuttall, Harry Silcock, Thomas Ball Kilbride, Denis O'Brien, K. (Tipperary Mid.) Sinclair, Rt. Hon. John Kincaid-Smith, Captain O'Brien, Patrick (Kilkenny) Smeaton, Donald Mackenzie King, Alfred John (Knutsford) O'Connor, Jas. (Wicklow, W.) Snowden, P. Kitson, Sir James O'Connor, John (Kildare, N.) Soares, Ernest J. Laidlaw, Robert O'Connor, T. P. (Liverpool) Spicer, Sir Albert Lamb, Edmund G. (Leominster O'Donnell, C. J. (Walworth) Stanley, Hn. A. Lyulph (Chesh. Lamb, Ernest H. (Rochester) O'Donnell, John (Mayo, S.) Steadman, W. C. Lambert, George O'Dowd, John Stewart, Halley (Greenock) Lamont, Norman O'Hare, Patrick Strachey, Sir Edward Law, Hugh A. (Donegal, W.) O'Malley, William Straus, B. S. (Mile End) Leese, Sir J. F. (Accrington) O'Shaughnessy, P. J. Strauss, E. A. (Abingdon) Lehmann, R. C. O'Shee, James John Stuart, James (Sunderland) Lever, A. Levy (Essex, Harwich Parker, James (Halifax) Sullivan, Donal Lever, W. H. (Cheshire, Wirral) Partington, Oswald Summerbell, T. Levy, Maurice Paul, Herbert Taylor, John W. (Durham) Lewis, John Herbert Pearce, Robert (Staffs, Leck) Taylor, Theodore C. (Radclifle) Lloyd-George Rt. Hn. David Pearce, William (Limehouse) Tennant, Sir Edward (Salisbury) Lough, Thomas Pearson, Sir W. D. (Colchester) Tennant, H. J. (Berwickshire) Lundon, W. Pearson, W. H. M. (Suffolk, Eye Thomas, Abel (Carmarthen, E. Lupton, Arnold Perks, Robert William Thomas, Sir A. (Glamorgan, E.) Luttrell, Hugh Fownes Philipps, Col. Ivor (S'thampton Thomas, David Alfred (Merthyr Lyell, Charles Henry Philipps, J. Wynford (Pembroke Thomasson, Franklin Lynch, H. B. Philipps, Owen C. (Pembroke) Thompson, J. W. H. (Somerset, E. Macdonald, J. R. (Leicester) Pirie, Duncan V. Thorne, William Macdonald, J. M. (Falkirk B'ghs Pollard, Dr. Tomkinson, James Mackarness, Frederic C. Power, Patrick Joseph Torrance, Sir A. M. Maclean, Donald Price, C. E. (Edinb'gh, Central) Toulmin, George Macnamara, Dr. Thomas J. Price, Robert John (Norfolk, E. Trevelyan, Charles Philips Macpherson, J. T. Priestley, W. E. B. (Bradford, E. Ure, Alexander MacVeagh, Jeremiah (Down, S. Radford, G. H. Verney, F. W. M'Arthur, William Rainy, A. Rolland Vivian, Henry M'Callum, John M. Raphael, Herbert H. Walters, John Tudor M'Crae, George Rea, Russell (Gloucester) Walton, Sir John L. (Leeds, S.) M'Hugh, Patrick A. Rea, Walter Russell (Scarboro' Walton, Joseph (Barnsley) M'Kenna, Reginald Redmond, John E. (Waterford) Ward, John (Stoke upon Trent K'Killop, W. Redmond, William (Clare) Wardle, George J. M'Laren, H. D. (Stafford, W.) Rees, J. D. Wason, Eugene (Clackmannan) M'Micking, Major G. Rendall, Athelstan Wason, John Cathcart (Orkney Maddison, Frederick Richards, T. F. (Wolverh'mptn Waterlow, D. S. Mallet, Charles E. Richardson, A. Watt, H. Anderson Wedgwood, Josiah C. Wilkie, Alexander Wilson, W. T. (Westhoughton) Weir, James Galloway Williams, J. (Glamorgan) Winfrey, R. Whitbread, Howard Williams, Llewelyn (Carmarth'n Wodehouse, Lord (Norfolk, Mid White, J. D. (Dumbartonshire) Williamson, A. Wood, T. M'Kinnon White, Luke (York, E. R.) Wills, Arthur Walters Woodhouse, Sir J. T. (Huddersf'd White, Patrick (Meath, North) Wilson, Henry J. (York, W. R.) Young, Samuel Whitehead, Rowland Wilson, John (Durham, Mid) Whitley, J. H. (Halifax) Wilson, J. H. (Middlesbrough) TELLERS FOR THE AYES—Mr. Whittaker, Sir Thomas Palmer Wilson, J. W. (Worcestersh, N. Whiteley and Mr. J. A. Wiles, Thomas Wilson, P. W. (St. Pancras, S.) Pease.
NOES. Anson, Sir William Reynell Doughty, Sir George Magnus, Sir Philip Anstruther-Gray, Major Douglas, Rt. Hon. A. Akers- Mason, James F. (Windsor) Arkwright, John Stanhope Du Cros, Harvey Meysey-Thompson, E. C. Arnold-Forster, Rt. Hn. Hugh O. Duncan, Robert (Lanark, Govan Muntz, Sir Philip A. Ashley, W. W. Faber, George Denison (York) Nicholson, Wm. G. (Petersfield Aubrey-Fletcher, Rt. Hn. Sir H. Faber, Capt. W. V. (Hants, W.) Nield, Herbert Balcarres, Lord Fardell, Sir T. George Parker, Sir Gilbert (Gravesend) Baldwin, Alfred Fell, Arthur Parkes, Ebenezer Balfour, Rt. Hn. A. J. (City Lond) Finch, Rt. Hon. George H. Pease, Herbert Pike (Darlington Balfour, Capt. C. G. (Hornsey) Fletcher, J. S. Percy, Earl Banbury, Sir Frederick George Forster, Henry William Rasch, Sir Frederic Carne Baring, Hon. Guy (Winchester) Gardner, Ernest (Berks, East) Rawlinson, John Frederick P. Barrie, H. T. (Londonderry, N.) Gibbs, G. A. (Bristol, West) Remnant, James Farquharson Beach, Hn. Michael Hugh Hicks Haddock, George R. Roberts, S. (Sheffield, Ecclesall) Beckett, Hon. Gervase Hamilton, Marquess of Rutherford, John (Lancashire) Bignold, Sir Arthur Hardy, Laurence (Kent, Ashford Rutherford, W. W. (Liverpool) Bowles, G. Stewart Harrison-Broadley, Col. H. B. Sassoon, Sir Edward Albert Bridgeman, W. Clive Hay, Hon. Claude George Scott, Sir S. (Marylebone, W.) Brotherton, Edward Allen Helmsley, Viscount Smith, F. E. (Liverpool, Walton Bull, Sir William James Hervey, F. W. F. (Bury S. Edm'ds Smith, Hon. W. F. D. (Strand) Burdett-Coutts, W. Hill, Sir Clement (Shrewsbury) Starkey, John R. Butcher, Samuel Henry Hill, Henry Staveley (Staff'sh.) Talbot, Rt. Hn. J. G. (Oxfd Univ. Carlile, E. Hildred Hills, J. W. Thomson, W. Mitchell- (Lanark Carson, Rt. Hon. Sir Edw. H. Hornby, Sir William Henry Turnour, Viscount Cave, George Houston, Robert Paterson Vincent, Col. Sir C. E. Howard Cavendish, Rt. Hn. Victor C. W. Kennaway, Rt. Hn. Sir John H. Walrond, Hon. Lionel Cecil, Evelyn (Aston Manor) Keswick, William Warde, Col. C. E. (Kent, Mid) Cecil, Lord John P. Joicey- King, Sir Henry Seymour (Hull) Williams, Col. R. (Dorset, W.) Cecil, Lord R. (Marylebone, E.) Lambton, Hon. Frederick Wm. Willoughby de Eresby, Lord Coates, E. Feetham (Lewisham Lane-Fox, G. R. Wilson, A. Stanley (York, E. R.) Cochrane, Hon. Thos. H. A. E. Law, Andrew Bonar (Dulwich) Wortley, Rt. Hon. C. B. Stuart- Corbett, A. Cameron (Glasgow) Lee, Arthur H. (Hants., Fareham Wyndham, Rt. Hon. George Corbett, T. L. (Down, North) Liddell, Henry Younger, George Courthope, G. Loyd Long, Col. Chas. W. (Evesham) Craig, Chas. Curtis (Antrim, S.) Long, Rt. Hn. Walter (Dublin, S. TELLERS FOR THE NOES—Sir Craik, Sir Henry Lyttelton, Rt. Hon. Alfred Alexander Acland-Hood, and Dalrymple, Viscount MacIver, David (Liverpool) Viscount Valentia.
Motion made, and Question, "That the Chairman do report Progress; and ask leave to sit again"—( Mr. Birrell ), put, and agreed to.
Committee report Progress; to sit again To-morrow.
Rutherglen Burgh Order Confirmation Bill (by Order)
moved to refer the Bill to a Joint Committee of Lords and Commons. Section 9 of the Private Legislation Procedure Act gave this House the power of intervention in the case of private legislation. They had not taken advantage to any great extent of the power given under the Act. Only in two cases had an appeal been granted, and it had only been granted on good ground and for proper reason. He trusted that he would shew that there was good reason in this matter, and that the House would send this Order for reconsideration upstairs. To send four men up to Scotland to a district of which they knew nothing, to hear a case about which they were absolutely ignorant, wascertainly not a step in the direction of Home Rule. He had no fault whatever to find with the Commission which was sent to Scotland to hear the views of the promoters of this Bill, He believed in the good faith and impartiality of those Commissioners. They sat for sixteen days listening to evidence, and there was one tramway Bill which occupied their attention for five whole days. In this case the Commission had to consider the application of a small and unimportant borough containing about 340 acres—100 of which were not built upon—to annex an adjoining area of some 1,300 acres. It was stated before the Commission entirely erroneously and without the slightest foundation that the inhabitants of the portion proposed to be annexed had the right to vote in the municipality itself. That was an entirely misleading and malicious statement. He had resided in that ancient and Royal burgh for seven years in the very area which it was now proposed to annex and he had never had a vote for that municipality. What was more he had never been asked to vote. He hoped the supporters of this Bill would either substantiate that statement or withdraw it. This was not the first attempt made by this burgh to annex other areas. After seven years agitation they had at last found a Commission which was willing to allow them to annex these outside areas. In England he understood that one borough could not annex the surrounding areas without the consent of the inhabitants, but in this case it was proposed to annex 1,300 acres entirely against the wishes of the majority of the people living in the area concerned. Fully 70 per cent. of the electors in the area affected had petitioned this House against annexation. He thought that fact alone ought to be sufficient to induce this House to send the Bill upstairs to be re-heard before a Joint Committee of Lords and Commons. He appealed to the front Ministerial Bench not to allow this Order to be confirmed without a re-hearing of the case, because if they did they would be setting up a precedent of the utmost importance. If they passed this Bill, what was there to hinder Glasgow and other large cities and towns from annexing the surrounding areas against the wishes of the inhabitants? At the present time those living in the area which it was proposed to annex were paying rates only at the rate of about 7s., whilst in the area that was promoting this Bill the rates were about 15s. He knew this old burgh very well, having lived for thirty years in its immediate vicinity. What had the municipality of Rutherglen done? They had sent round a statement saying that they had not control even over their own cemetery. The county provided them with police, the Corporation of Glasgow treated their sewage, and he did not know what the Corporation of Rutherglen had to do with that ancient and Royal burgh except to manage the scavenging.
* said his hon. friend had referred to the question of the cemetery. He had lived in a country where one of the features was that there was no cemetery, but he did not think that was a point they need dwell upon at all. This burgh proposed to absorb two square miles, and the question was whether that was not more than was reasonable or necessary from the point of view of the early prospective growth of the town. It was stated that the inhabitants of this area objected to being absorbed, and it seemed to him that a more complete opportunity should be given to them to state their case. All that was proposed to-night was that the matter should be referred to a Joint Committee in order that they should have a full opportunity of stating their case. It might be argued that it would throw discredit on the Commission to take that course, but he submitted that it was more important that opportunity should be given for proving that an injustice would not be done to the county of Lanark by the arrangement proposed. It was true that burghs were entitled to extend their boundaries, but counties had rights which ought also to be regarded. The point to be considered was whether justice was being done by this Bill. He had much pleasure in seconding the Motion.
Motion made, and Question proposed, "That the Bill be referred to a Joint Committee of Lords and Commons.—( Mr. Menzies. )
* said that this matter came before the House in the form of a proposition for the extension of a burgh, and the Committee on Bills decided that the question ought to be dealt with by a Commission in Scotland. He asked the House whether, in expressing their opinion on this particular question, they were going to reverse the policy which had been laid down by the House, that matters of this kind were to be settled in Scotland on the spot, because a decision had been come to in this case which was not accepted by one of the parties to the dispute. Not only did those who opposed the Provisional Order impugn the procedure of the Court, but they deliberately attacked the constitution of the Commission which was sent down to inquire. The Commission, with the help of the best counsel on both sides, brought out every fact material to a decision, and since then no new fact had arisen, and yet these gentlemen were said to be incapable of dealing with the case put before them. He had been looking into the record of what had been done with regard to cases of this kind. On June 13th, 1901, the present Lord-Advocate, referring to this kind of procedure, said that unless there was some material new fact adduced, or substantial injustice had been done, or unless there was fault in the procedure, there ought to be no re-hearing on the floor of the House of Commons. The Chancellor of the Duchy of Lancaster, Lord Balfour of Burleigh, formerly Secretary for Scotland, and Lord Tweedmouth, had also expressed themselves in a similar manner. Seeing that no new facts had been adduced, that there was no allegation of substantial injustice, and that there was no allegation of improper procedure he supported the Provisional Order.
said that he entirely agreed with the hon. Member who had moved the Resolution, and those who supported him, in not impugning the zeal or capability of the Committee which had considered this Bill under the Private Bills Procedure Act for Scotland, but what he wanted to emphasise was that their decision was against the procedure provided for in the Act. It should not be contended that, because appeals were infrequent, they should not be allowed.
Reference had been made to Lord Balfour of Burleigh. When that noble Lord was Secretary for Scotland, he presumably expounded the intentions of the Government of the day in passing the Private Bills Procedure Act; and he pointed out that there might be two dangers attaching to the working of the Act, viz., that if the right of appeal was unduly restricted, or was made unduly lax, they would make the Act a nullity; that was why the clause in its present form was inserted as to an appeal to Westminster. The clause was supported by Lord Dunedin who was then Lord - Advocate; while the present Lord - Advocate had admitted that there was a right of appeal when new facts had emerged. In this particular case what they alleged was that an appeal should be granted on the grounds of essential error; that the decision was contrary to public policy, and that new facts had emerged. In regard to the first there was essential error in regard to the ancient rights of the people who resided within the boundaries of the burgh, and had rights as to voting in elections for members of the municipality. The object of the Bill it was said was really to end an anomaly, and to unite the Parliamentary and the police boundaries of the burgh. The reply to that was that there was not an anomaly, and that the proposal in the Bill would not put an end to it, if it existed. There were many burghs in Scotland in which the Parliamentary and police boundaries were not coincident—such as Arbroath, Ayr, Campbelton, Dysart, St. Andrews, etc. He had not been able to discover any rural part in Scotland in which these boundaries were coincident. The real fact of the matter was that this Royalty argument proved too much, because if the House were going to say that a burgh such as Rutherglen was entitled to hold Royalty privileges, they were going to involve themselves in a difficulty not only in the case of this municipality, but in the case of other municipalities. The area of Rutherglen formed a large portion of the ground upon which Glasgow stood, and if the House was going to insist upon the Royalty rights being maintained they would get into an impasse. As a matter of fact the Royalty argument had nothing to do with the matter, because the real rants of the land were ungathered. In this particular instance of Rutherglen the rents amounted to £1 13s. 9½d. per annum, and therefore the sum at stake on the part of the Exchequer was not a large one. The Parliamentary area had nothing whatever to do with the matter. The House would therefore see that the contention that by this Bill these areas were to be handed over could not be defended when the facts were looked into. The Bill would not unite the municipal and the police areas, nor would it unite the Parliamentary area. The burgh would include a number of areas which were outside the Royalty area or the Parliamentary area. He thought the contention put forward in support of the Bill was unfounded and ought never to have been put before the Commissioners or the House. He came to the second peg upon which they were hanging their case, and that was that this decision was contrary to public policy. The Court of Session in Scotland and the House of Lords had decided that there was no ground for the suggestions which were put before the House on behalf of the burgh in this case. Moreover, it was admitted that the conditions which were required in every case of extension under the Public General Statutes were not present in this case. There was not such a density in regard to population as required this change; there was no unanimous consent on the part of the inhabitants who were affected, and there was no allegation that the area had been mal-administered under the county council. Under the county administration in Scotland there were special areas in regard to drainage, and lighting the charges for which fell upon the county council who had to administer these matters. According to his experience these bodies did their work in an admirable manner, but the boundaries fixed by this Bill would play havoc with those drainage and lighting boundaries and leave odd corners undealt with. The House would hardly believe that under the Bill the boundary could be so drawn in such a way that in the case of a large number of houses a man's kitchen might be in Glasgow and his sitting room in Rutherglen. Moreover, the road through the district followed a tortuous course and in consequence at one place it would be in Glasgow and at another in Rutherglen. At other places the boundary resolved itself into a question of vulgar fractions. These boundaries were never considered by the Commissioners at all. As a matter of fact the promoters dropped a portion of their scheme, and as the inquiry only lasted seven hours the other side were unable to produce witnesses to deal with this new state of things. The matter was one for an expert surveyor to decide, and any such extension of the area should be accepted by the inhabitants. But the inhabitants had been inactive in the matter. They did not appear before the Commissioners, and if they had done so the Commissioners would not have come to the conclusion which they did. As to the reason why they did not appear, he could only say that they had heard the cry of "wolf, wolf" so often before and they had had in the past to put their hands in their pockets to keep the wolf from the door so often, that in this case they thought the proposal, being more audacious than usual, must fail as they had defeated the other proposals. It might not be a sternly logical attitude, but it was a very common and human one. He asked the House to realise that in this matter the question of consent had only emerged since the decision had been given in the inquiry. The fact which had only emerged since this inquiry that the inhabitants were dissenting parties to the agreement was one which he submitted ought to have great weight with the House. The only person who spoke in favour of these citizens' assent was an estimable gentleman who pointed out that the reason he was in favour of the Order was that he was a feuar outside the area at the time; that under his contract he had to make private roads; that he did not make private roads very well, so he went to the county council and asked them to take over the roads, and they said they were not in favour of giving something for nothing and would not do it. He then went to the borough councils and they consented to take over the roads. This gentleman and a few like him were the only consenting persons, and the fact that there had been these petitions from people dissenting ought to be taken strict notice of in this House. He had tried to put before the House what, so far as his information went, were the real facts of the case, and he made an earnest appeal to Members to consider whether this was not one of those exceptional cases provided for by the Act of 1899.
hoped the House would not listen to the proposal which had been made to send this Bill to another tribunal. So far as the county council was concerned, nobody pretended that their case had not been put fully before the Commissioners and very ably argued. The Commissioners having had all the facts before them and having come to a unanimous decision upon the subject, this House, he submitted, ought not in the absence of any new facts—and he contended that no new facts had been adduced—send this Bill before another tribunal. He submitted that there had been no injustice done in this matter.
said that during this discussion no reference had been made to what ought to guide those who were not Scotsmen in this matter, and who were not conversant with the Private Bill Procedure of Scotland. The House had had the inestimable advantage of guidance upon this question from the Deputy-Speaker, who had written a letter which had been sent to hon. Members. That document contained the chief and subsidiary reasons why the House should pass this Motion. They had been told that this was not a case in which the power of appeal should be exercised. The document to which he referred clearly stated that this was one of those matters which ought to be referred to the Joint Committee to be reheard. If they rejected this Motion they would be encouraging small local areas to dictate to larger areas. [Cries of "Agreed."] Hon. Members opposite cried "agreed," but when it happened to be a matter in which Manchester was affected they had to listen to the dis- cussion ad nauseam, and when it was a matter in which the rights of Scotsmen were concerned, hon. Members opposite wanted to go to bed. He approached this subject with no local bias, but purely because it affected the primary right of a large population which sought to keep within its own area certain valuable rateable property which a greedy burgh for its own selfish purposes wished to absorb. For those reasons he hoped the Bill would be referred to the Joint Committee. The mover of this Resolution had told them how he had been deprived of a vote for this burgh, and indicated that the reason was inefficient administration. If they wished that the real desires of the population in these areas should be ascertained they ought not simply to rely upon the Scottish private Bill procedure, but the inhabitants should be given a full right of appeal to Parliament.
) said he was very reluctant at this late hour to detain hon. Members. The House would no doubt recollect the genesis of the private Bill procedure for Scotland. The increasing volume of Scottish private business made it more and more difficult to find the necessary time for the proper examination of that business in Parliament, and there was also the conviction that in matters purely local it might be possible for the localities to come to a decision themselves. It was thought highly desirable that they should find some simpler and more economical method of procedure than bringing down witnesses to Westminster and going through all the elaborate machinery of a Parliamentary inquiry. Consequently the Act of 1899 was passed, and this year the necessity and advantage of such procedure must surely be as strongly felt as it was at the time of the passing of the Act. He thought their experience this year had shown that the system worked smoothly and successfully; there was no doubt that it had been a success. He thought it would be agreed that the keystone of the system was the local inquiry. Parliament had reserved the right of deciding whether there should be a rehearing of the case or not after the case had been heard before a local Commission, and it was that rehearing which was now asked for by this Motion. One hon. Member had somewhat ignored the opportunity for this rehearing. He wished to point out that it was an integral part of the statute, and of the proceedings under the statute. At the same time the discretion of Parliament in the matter was a full discretion, and each case had to be decided upon its merits. There had only been three cases since the institution of this procedure in which a rehearing had been asked for. In one case the hon. Member who moved the Motion afterwards withdrew it; in the second case the decision of the local inquiry after rehearing was confirmed, and the third case came before the Joint Committee and the local decision was again confirmed. Not only the intention of the Act and the good working of the system, but also the precedents bore out and supported the argument that a rehearing should only be given under special circumstances. The question was, Had a case been made out for special circumstances? The Provisional Order promoted by the burgh of Rutherglen was examined by the Chairman of Committees of the House of Lords and it was then decided that this Provisional Order should be examined in Scotland by a Commission. It was passed by the County Council of Lanarkshire, who now requested that there should be a rehearing. He thought the case had been clearly and moderately stated by both sides, and no complaint could be made that this Motion was not a perfectly proper exercise of the right under the statute. He thought the discussion which had taken place must already have convinced hon. Members that this House was not a proper tribunal for the decision of such a question as this. The merits of the case had been gone into at some length. If it was right and proper that the case should be reheard, the proper place for the rehearing was upstairs. He had made it his duty to do his best to arrive at an opinion upon the subject. Statements had been made throwing doubt upon the adequacy and thoroughness of the local inquiry which had been held, and various other objections had been urged. He thought the matter, which was a single and simple issue, had had a thorough and fair hearing before the Commission. That tribunal not only gave the case a fair hearing, but it arrived at a unanimous decision, and therefore he saw no reason for urging the House to support the hon. Member for South Lanarkshire in the Motion he had made. It was a matter which the Government left to the decision of the House. He had stated as clearly as he could the opinion at which he had arrived after giving the whole matter very careful consideration.
said that, as the representative of a neighbouring constituency, he wished to say a word or two. The Secretary for Scotland had said the matter was to be left to the House to decide, but he had not expressed any very definite opinion upon the question.
I spoke as the Minister in charge of this Bill, and I spoke for the Government in regard to it. The Government decided that whilst they do not think the case ought to be reheard, they would leave the matter to the House.
said that meant that the Government expressed an opinion, but had not the courage to support it. They were getting used to that kind of thing from the Government.
pointed out that in adopting this course they were following precisely the same course as that which was adopted by the late Government.
said he did not wish to bandy words with the right hon. Gentleman. He happened to be one of those who gave the Scottish private Bill procedure his support. He thought many advantages were to be gained by that system, and therefore he was not in any way hostile, and he would not do anything that would in any way weaken the system. When the House legislated in this direction they contemplated a form of appeal to a joint committee in cases where new facts could be adduced. He had listened to the debate with a perfectly open mind, and he ventured to say that a strong prima facie case had been made out for further inquiry. Hon. Members who had spoken were not the only ones who had expressed an opinion. The hon. Member for Mid Lanark had been most effectively muzzled in this Parliament, but he had written a letter of a most convincing character in which he said—
"On the whole I think a clear case for rehearing exists, and although not taking any part in the discussion in the House I wish you every success."
In the debate on the Arizona Copper Company Provisional Order the Chancellor of the Duchy of Lancaster said that what the House did in 1899 was to maintain the practical supremacy of Parliament, and provision was made that in cases where it could be shown that injustice had been done Parliament should have the power of making fresh inquiry. That was all that was desired here. The objectors said that they had not been adequately represented before the Commission, and he thought there was a great deal in their contention. His hon. friend had pointed out that it was proposed to set up impossible boundaries. Surely that was a matter which required reconsideration. A material fact which was not brought before the Commission was that certain persons who were said to have municipal votes were not found on the register when the matter was inquired into. The ratepayers in the area proposed to be absorbed never dreamed that this Provisional Order would be granted. The district was well administered, and they desired an opportunity of expressing their views on the proposal.
Question put.
The House divided:—Ayes, 50; Noes, 202. (Division List No. 228.)
AYES. Acland, Francis Dyke Corbett, T. L. (Down, North) O'Donnell, C. J. (Walworth) Arkwright, John Stanhope Dalrymple, Viscount Pease, Herbert Pike (Darlington Balfour, Capt. C. B. (Hornsey) Finch, Rt. Hon. George H. Raphael, Herbert H. Balfour, Robert (Lanark Forster, Henry William Rutherford, W. W. (Liverpool) Barker, John Fullerton, Hugh Scott, Sir S. (Marylebone, W.) Barlow, Percy (Bedford) Hamilton, Marquess of Sloan, Thomas Henry Barrie, H. T. (Londonderry, N. Hay, Hon. Claude George Starkey, John R. Beauchamp, E. Helme, Norval Watson Tennant, Sir Edward (Salisbury Beckett, Hon. Gervase Helmsley, Viscount Turnour, Viscount Bridgeman, W. Clive Hervey, F. W. F. (Bury S. Edm'ds Walrond, Hon. Lionel Burnyeat, W. J. D. Hill, Henry Staveley (Staff'sh.) Watt, H. Anderson Caldwell, James Hills, J. W. Weir, James Galloway Campbell, Rt. Hon. J. H. M. Lamont, Norman Wilkie, Alexander Cecil, Lord John P. Joicey- Lane-Fox, G. R. Wilson, A. Stanley (York, E. R.) Cecil, Lord R. (Marylebone, E.) Law, Andrew Bonar (Dulwich) Cheetham, John Frederick Meysey-Thompson, E. C. TELLERS FOR THE AYES—Mr. Coats, Sir T. Glen (Renfrew, W.) Montagu E. S. Menzies and Mr. Mitchell- Cochrane, Hon, Thos H. A. E. Murray, James Thomson.
NOES. Abraham, William (Rhondda) Brace, William Cogan Denis J. Alden, Percy Brocklehurst, W. B. Collins, Sir Wm. J. (S. Pancras, W. Allen, Charles P. (Stroud) Brodie, H. C. Cooper, G. J. Armitage, R. Brooke, Stopford Corbett, A. Cameron (Glasgow) Asquith, Rt. Hn. Herbert Henry Bryce, J. A. (Inverness Burghs Corbett, C. H. (Sussex, E. Grinst'd Astbury, John Meir Buchanan, Thomas Ryburn Cowan, W. H. Baring, Godfrey (Isle of Wight) Burns, Rt. Hn. John Cox, Harold Barnes, G. N. Buxton, Rt. Hn. Sydney Chas. Craig, Herbert J. (Tynemouth) Barran, Rowland Hirst Cairns, Thomas Crean, Eugene Beale, W. P. Carr-Gomm, H. W. Cullinan, J. Beaumont, W. C. B. (Hexham) Causton, Rt. Hn. Richard Knight Dalziel, James Henry Benn, W. (T'w'r Hamlets, S. Geo Cawley, Frederick Davies, Ellis, William (Eifion) Bertram, Julius Chance, Frederick William Davies, Timothy (Fulham) Bignold, Sir Arthur Cherry, Rt. Hon. R. R. Dewar, Arthur (Edinburgh, S.) Billson, Alfred Churchill, Winston Spencer Dewar, John A. (Inverness-sh) Black, Alexander Wm. (Banff) Cleland, W. Dickinson, W. H. (St. Pancras, N. Black, Arthur W. (Bedfordshire Clough, W. Dolan, Chas. Joseph Duckworth, James Lyell, Charles Henry Roe, Sir Thomas Duffy, William J. Macdonald, J. R. (Leicester) Rogers, F. E. Newman Duncan, C. (Barrow-in-Furness Macdonald, J. M. (Falkirk Bg'hs Rose, Charles Day. Edwards, Clement (Denbigh) Macpherson, J. T. Runciman, Walter Edwards, Enoch (Hanley) MacVeagh, Jeremiah (Down, S. Russell, T. W. Edwards, Frank (Radnor) M'Callum, John M. Samuel, Herbert L. (Cleveland) Elibank, Master of M'Crae, George Samuel, S. M. (Whitechapel) Erskine, David C. M'Kenna, Reginald Scarisbrick, T. T. L. Essex, R. W. M'Laren, H. D. (Stafford, W.) Scott, A. H. (Ashton under Lyne Everett, R. Lacey Maddison, Frederick Seddon, J. Fenwick, Charles Manfield, Harry (Northants) Seely, Major J. B. Ferens, T. R. Meagher, Michael Shackleton, David James Fiennes, Hon. Eustace Meehan, Patrick A. Shaw, Charles Edw. (Stafford) Fuller, John Michael F. Molteno, Percy Alport Shipman, Dr. John G. Ginnell, L. Mond, A. Silcock, Thomas Ball Gladstone, Rt. Hn. Herbert John Montgomery, H. G. Sinclair, Rt. Hon. John Glover, Thomas Mooney, J. J. Stanley, Hn. A. Lyulph Greenwood, G. (Peterborough) Morgan, G. Hay (Cornwall) Strachey, Sir Edward Grove, Archibald Morse, L. L. Strauss, E. A. (Abingdon) Gulland, John W. Nannetti, Joseph P. Stuart, James (Sunderland) Hardie, J. Keir (Merthyr Tydvil) Newnes, F. (Notts. Bassetlaw) Sullivan, Donal Harmsworth, Cecil B. (Worc'r) Nicholls, George Summerbell, T. Harvey, A. G. C. (Rochdale) Nicholson, Chas. N. (Doncaster Taylor, John W. (Durham) Harwood, George Nolan, Joseph Taylor, Theodore C. (Radcliffe) Haslam, James (Derbyshire) Norton, Capt. Cecil William Thomas, David Alfred (Merthyr Hayden, John Patrick Nussey, Thomas Willans Thompson, J. W. H. (Somerset, E. Henderson, Arthur (Durham) O'Brien, Kendal (Tipperary Mid Tomkinson, James Higham, John Sharp O'Donnell, John (Mayo, S.) Toulmin, George Hobart, Sir Robert O'Dowd, John Trevelyan, Charles Philips Hogan, Michael O'Hare, Patrick Ure, Alexander Hope, W. Bateman (Somerset, N. O'Malley, William Walton, Sir John L. (Leeds, S.) Horniman, Emslie John O'Mara, James Warner, Thomas Courtenay T. Hyde, Clarendon O'Shee, James John Wason, Eugene (Clackmannan) Jackson, R. S. Parker, James (Halifax) Waterlow, D. S. Jardine, Sir J. Paul, Herbert Whitbread, Howard Johnson, John (Gateshead) Pearce, Robert (Staffs. Leek) White, J. D. (Dumbartonshire) Johnson, W. (Nuneaton) Pease, J. A. (Saffron Walden) White, Luke (York, E. R.) Jowett, F. W. Pirie, Duncan V. White, Patrick (Meath, North) Kearley, Hudson E. Power, Patrick Joseph Whiteley, George (York, W. R. Kennedy, Vincent Paul Price, C. E. (Edinburgh, Central) Whitley, J. H. (Halifax) Kilbride, Denis Priestley, W. E. B. (Bradford, E.) Whittaker, Sir Thomas Palmer Kincaid-Smith, Captain Radford, G. H. Williams, J. (Glamorgan) King, Alfred John (Knutsford) Redmond, John E. (Waterford Williams, Llewelyn (Carmarth'n Laidlaw, Robert Richards, T. F. (Wolverh'mpt'n Wilson, Henry J. (York, W. R.) Lamb, Ernest H. (Rochester) Richardson, A. Wilson, John (Durham, Mid) Law, Hugh A. (Donegal, W. Ridsdale, E. A. Wilson, P. W. (St. Pancras, S.) Leese, Sir Joseph F. (Accrington Roberts, Charles H. (Lincoln) Winfrey, R. Levy, Maurice Roberts, G. H. (Norwich) Woodhouse, Sir J. T. (Huddersf'd Lewis, John Herbert Roberts, John H. (Denbighs.) Lough, Thomas Robertson, J. M. (Tyneside) TELLERS FOR THE NOES—Mr Lundon, W. Robinson, S. Rainy and Mr. Crombie.
Bill to be considered to-morrow.
Crown Lands [Recovery of Crown Rents]
Resolution reported, "That it is expedient that no proceedings shall be taken by or on behalf of the Crown for enforcing the payment of any quit rent or any other perpetual rent payable to the Crown in Ireland, or any arrears thereof, but within sixty years from the time when such rent was last received by or on behalf of the Crown, and that after such period the right of the Crown to the rent and arrears shall be extinguished in pursuance of any Act of the present session to amend the Crown Lands Acts, 1829 to 1894."
Resolution agreed to.
Post Office Sites Bill
Order for Third Reading read.
Motion made, and Question proposed, "That the Bill be now read the third time."
said he thought that this Bill ought to take the same rank as a local or private Bill. All other local and Private Bills were sent to a Committee of both Houses for examination and consideration, and any private individuals who thought they had a grievance in connection with the proposals in the Bill were entitled to attend the Committee, with the assistance of counsel and witnesses. Why should an exception be made to that rule in the case of the Post Office Sites Bill? He wished to called special attention to Clause 11 in the Bill, by which it appeared to him that an attempt was being made on the part of a Government Department to take an unusual and unfair advantage. The right hon. Gentleman the Postmaster-General had stated that this clause had been put in to carry out a bargain between the Post Office and certain individuals; but the Attorney-General had said that this particular clause was an attempt on the part of the Post Office authorities to make an exception to the general law of the land, and to obtain an advantage over certain landowners. He insisted that no Government had a right to take an advantage over a private individual unless the Bill by which it was proposed to do so was sent to the Committee upstairs for consideration. They had been told in reference to the question of preference that all these Post Office Bills had been dealt with in like manner to the present one. He had taken the trouble to look up all the Bills for the past sixteen years, and had found that, with the exception of a small clause in a Bill in 1904, there was nothing of the sort. It was on that account therefore that he took the strongest exception to this Bill as an attempt to evade the ordinary law of the land, and therefore he moved that it be read this day three months hence.
Amendment proposed—
"To leave out the word 'now,' and at the end of the Question to add the words 'upon this day three months.'"—( Mr. William Rutherford ).
Question proposed, "That the word 'now' stand part of the Question."
said he wished to second the Motion of the hon. Member for the West Derby Division of Liverpool, who had put his case so admirably. He hoped that the House would not pass any measure of a departmental character of which the Minister in charge was absolutely ignorant. ["Oh, oh," and "Withdraw."] This Bill infringed on the rights of private citizens. For instance, it would empower the Post Office authorities to take the best parts of small freehold premises held by a shopkeeper and leave the lean bits to the shopkeeper. ["Divide."]
) said that the hon. Member had not followed the procedure on this Bill. The Bill was sent to a Committee upstairs and every person interested had had an opportunity of appearing before it and giving his views. There had been no opposition to the Bill hitherto, but as it would go to the House of Lords anyone interested would have an opportunity of appearing before the Committee of the Lords and stating his case. In regard to Clause 11 an exactly similar clause was in a Bill passed last year by the late Government.
Question put.
The House divided:—Ayes, 197; Noes, 16. (Division List No. 229.)
AYES. Acland, Francis Dyke Balfour, Robert (Lanark) Benn, W. (T'w'r Hamlets, S. Geo. Agnew, George William Baring, Godfrey (Isle of Wight Bertram, Julius Alden, Percy Barker, John Billson, Alfred Allen, Charles P. (Stroud) Barlow, Percy (Bedford) Black, Alexander Wm. (Banff) Armitage, R. Barran, Rowland Hirst Black, Arthur W. (Bedfordshire) Asquith, Rt. Hn. Herbert Henry Beauchamp, E. Brace, William Astbury, John Meir Beaumont, W. C. B. (Hexham) Brodie, H. C. Brooke, Stopford Horniman, Emslie John Priestley, W. E. B. (Bradford, E. Bryce, J. A. (Inverness Burghs) Hyde, Clarendon Radford, G. H. Buchanan, Thomas Ryburn Jackson, R. S. Rainy, A. Holland Burns, Rt. Hon. John Jardine, Sir J. Raphael, Herbert H. Burnyeat, W. J. D. Johnson, John (Gateshead) Redmond, John E. (Waterford Buxton, Rt. Hn. Sydney Chas. Johnson, W. (Nuneaton) Richardson, A. Cairns, Thomas Jones, Leif (Appleby) Ridsdale, E. A. Carr-Gomm, H. W. Jowett, F. W. Roberts, Charles H. (Lincoln) Causton, Rt. Hn. Richard Knight Kearley, Hudson E. Roberts, G. H. (Norwich) Chance, Frederick William Kennedy, Vincent Paul Robinson, S. Cheetham, John Frederick Kilbride, Denis Rogers, F. E. Newman Churchill, Winston Spencer King, Alfred John (Knutsford) Rose, Charles Day Cleland, J. W. Lamb, Ernest H. (Rochester) Runciman, Walter Clough, W. Lamont, Norman Russell, T. W. Cogan, Denis J. Law, Hugh A. (Donegal, W.) Samuel, Herbert L. (Cleveland) Collins, Sir Wm. J. (S. Pancras, W. Leese, Sir Joseph F. (Accrington Samuel, S. M. (Whitechapel) Cooper, G. J. Levy, Maurice Scarisbrick, T. T. L. Corbett, A. Cameron (Glasgow) Lewis, John Herbert Scott, A. H. (Ashton under Lyne Corbett, C. H. (Sussex E. Grinst'd Lough, Thomas Scott, Sir S. (Marylebone, W.) Cowan, W. H. Lundon, W. Seddon, J. Cox, Harold Lupton, Arnold Seely, Major J. B. Craig, Herbert J. (Tynemouth) Lyell, Charles Henry Shackleton, David James Crean, Eugene Macdonald, J. R. (Leicester) Shaw, Charles Edw. (Stafford) Cullinan, J. Macdonald, J. M. (Falkirk B'ghs Shipman, Dr. John G. Dalziel, James Henry Macpherson, J. T. Silcock, Thomas Ball Davies, Ellis William (Eifion) MacVeagh, Jeremiah (Down, S. Sinclair, Rt. Hon. John Dewar, Arthur (Edinburgh, S.) M'Callum, John M. Smeaton, Donald Mackenzie Dickinson, W. H. (St. Pancras, N. M'Crac, George Stanley, Hn. A. Lyulph (Chesh. Dolan, Charles Joseph M'Kenna, Reginald Strachey, Sir Edward Duckworth, James M'Laren, H. D. (Stafford, W.) Strauss, E. A. (Abingdon) Duffy, William J. Maddison, Frederick Stuart, James (Sunderland) Duncan, C. (Barrow-in-Furness Manfield, Harry (Northants) Sullivan, Donal Edwards, Clement (Denbigh) Meagher, Michael Summerbell, T. Edwards, Enoch (Hanley) Meehan, Patrick A. Taylor, John W. (Durham) Edwards, Frank (Radnor) Menzies, Walter Taylor, Theodore C. (Radcliffe) Elibank, Master of Mond, A. Thomas, David Alfred (Merthyr Essex, R. W. Montagu, E. S. Thompson, J. W. H. (Somerset, E. Everett, R. Lacey Montgomery, H. G. Toulmin, George Faber, G. H. (Boston) Mooney, J. J. Trevelyan, Charles Philips Fenwick, Charles Morgan, G. Hay (Cornwall) Ure, Alexander Ferens, T. R. Morse, L. L. Walrond, Hon. Lionel Fiennes, Hon. Eustace Murray, James Walton, Sir John L. (Leeds, S.) Fuller, John Michael F. Nannetti, Joseph P. Wason, Eugene (Clackmannan) Fullerton, Hugh Newnes, F. (Notts, Bassetlaw) Waterlow, D. S. Ginnell, L. Nicholls, George Watt, H. Anderson Gladstone, Rt. Hn. Herbert John Nolan, Joseph Weir, James Galloway Glover, Thomas Norton, Capt. Cecil William White, J. D. (Dumbartonshire) Gooch, George Peabody Nussey, Thomas Willans White, Luke (York, E. R.) Gulland, John W. O'Brien, Kendal (Tipperary Mid White, Patrick (Meath, North) Harmsworth, Cecil B. (Worc'r) O'Donnell, John (Mayo, S.) Whitley, J. H. (Halifax) Harvey, A. G. C. (Rochdale) O'Dowd, John Whittaker, Sir Thomas Palmer Haslam, James (Derbyshire) O'Hare, Patrick Wilkie, Alexander Hayden, John Patrick O'Malley, William Wilson, Henry J. (York, W. R.) Helme, Norval Watson O'Mara, James Wilson, John (Durham, Mid.) Henderson, Arthur (Durham) O'Shee, James John Wilson, P. W. (St. Pancras, S.) Hervey, F. W. F. (Bury S. Edm'd Parker, James (Halifax) Winfrey, R. Higham, John Sharp Paul, Herbert Hobart, Sir Robert Pearce, Robert (Staffs. Leek) TELLERS FOR THE AYES—Mr. Hogan, Michael Pirie, Duncan V. Whiteley and Mr. J. A. Hope, W. Bateman (Somerset N. Price, C. E. (Edinb'gh, Central) Pease.
NOES. Barrie, H. T. (Londonderry, N. Hamilton, Marquess of Turnour, Viscount Bignold, Sir Arthur Hill, Henry Staveley (Staff'sh. Wilson, A. Stanley (York, E. R.) Cecil, Lord John P. Joicey- Hills, J. W. Cochrane, Hon. Thos. H. A. E. Meysey-Thompson, E. C. TELLERS FOR THE NOES—Mr. Corbett, T. L. (Down, North) Sloan, Thomas Henry Claude Hay and Mr. Watson Dalrymple, Viscount Starkey, John R. Rutherford. Forster, Henry William Thomson, W. Mitchell- (Lanark)
Main Question put, and agreed to.
Bill read the third time, and passed.
Isle of Man (Customs) Bill
Considered in Committee.
(In the Committee.)
[Mr. CALDWELL (Lanarkshire, Mid.) in the Chair.]
Clause 1 agreed to.
Clause 2:—
Motion made, and Question proposed, "That Clause 2 stand part of the Bill."
said that upon this clause he desired to ask a question of the Financial Secretary to the Treasury. When this Bill was before the House last year it was sought to impose certain duties, which were now in the Bill in a modified form, notably a tobacco duty, and the hon. Gentleman was a strenuous opponent to their being imposed. That was a very good reason why the clause now before the House should not be adopted, and he submitted to the House that now the hon. Gentleman held a responsible position in the Government they had a right to have an adequate explanation from him as to why he had changed his mind and now asked the Committee to adopt a proposal which he so strenuously opposed in the past.
) said the hon. Member must be mistaken, because last year he did not speak upon this Bill at all. In 1904 he moved the adjournment of the debate during the discussion of the Second Reading, but that was an exceptional occasion. On that occasion he moved the adjournment on the ground that the duty on stripped tobacco was not applied also to the Isle of Man, and his Motion was lost. That was the only occasion, so far as he could remember, upon which he resisted this Bill.
Question put, and agreed to.
Clause 3 agreed to.
Bill reported, without Amendment. To be read the third time to-morrow.
Prevention of Corruption Bill [Lords]
As amended (by the Standing Committee), considered.
moved to leave the word "corruptly" out of line 5 of the first clause. He wished to know who was to determine what was corrupt and what was not corrupt. Would it be left to His Majesty's judges? They had recently had an example of the result of leaving it to the Judges to determine what was corrupt and what was not corrupt.
, on a point of order, asked if the hon. Member was in order in casting such a reflection upon the whole of His Majesty's Judges?
* : I do not think the hon. Member has said anything which is out of order.
said he did not desire to make any reflection whatever upon the Judges, and he only mentioned them as an illustration. It was a very difficult thing to determine what was corrupt, and consequently they ought to make it as clear as they possibly could. To say that a person did a corrupt thing corruptly was simply so much tautology, and the effect of retaining this word in the clause would be to weaken the Bill. He was anxious that the Bill should hit all those things which were now corrupting commercial life. Methods of procedure were growing up which were highly detrimental to the good conduct of honest business. This kind of thing was going on in ever-increasing ratio every year, and the Bill was a well-intentioned effort to stop it. Before the Act could be put into operation information had to be sworn, and the accused had the protection of the Vexatious Indictments Act. Besides this, the consent of the law officers of the Crown had to be obtained before the Act could be put into operation. Those who had had any experience in these matters knew how difficult it was to get the law officers of the Crown to move in the matter, and they had not forgotten the case of Mr. Whittaker Wright. There was, therefore, ample protection, and he hoped the House would consent to leave out this word "corruptly."
said that the present Bill was weaker than the one introduced a few years ago dealing with the same subject. If it went through in its present form he thought it would be ineffective to stop some of the greatest evils which now existed in the commercial world. One of the greatest difficulties was the disloyalty and dishonesty of agents acting for principals. This affected not only the commercial but also the professional world, and it seemed to him that the Bill did not make it clear that those were criminal offences. He would give the House one illustration A great many secret commissions were considered to be the custom of the trade, and it would be very difficult to prove that these so-called customs of the trade were corrupt. They were only dealing with those who were agents of principals, and consequently promiscuous tipping would not come in. Supposing they had a man acting as agent for a principal, and all the trade was within a comparatively narrow ring. Probably the whole of those from whom he bought were willing to give him a commission. That was a recognised custom of the trade, and it was not a question of one man giving the agent better terms than another. Why were they all ready to give the same terms? Because any new man coming into that trade found it impossible in such a narrow ring to get any trade unless he gave the same commission as the others. In a case like that it would be practically impossible to get a prosecution under the Act. That was a case which was constantly occurring in both the business and the professional world. It was a system which had grown considerably within the last twenty years, and it cut off an enormous amount of trade and handed it over to those firms who were willing to trade in a dishonest fashion. He wanted the Bill to be made stronger, because the great benefit of a Bill of this kind would be not in the prosecutions, but in the stamping out of certain dishonest practices which were now considered the custom of the trade, but which ought to be made illegal and criminal. He hoped the Government would accept the Amendment.
Amendment proposed to the Bill—
"In page 1, line 5, to leave out the word 'corruptly.'"—[ Mr. Ridsdale. )
Question proposed, "That the word 'corruptly' stand part of the Bill."
* ) said that this Bill had received several years of very careful consideration. It was originally framed by Lord Russell of Killowen. His hon. friend the Member for North Leeds was quite right in saying that in its original form the words characterising the offence were far more drastic, but Lord Russell of Killowen concluded that it would be quite impossible in such a drastic form for it to command the sympathy of the tribunals called upon to administer it and also to command the sympathy of all classes of the community. The Bill underwent in consequence a large modification, and as it was now drawn it had, year after year, received a large measure of support and approval in both Houses of Parliament. It had passed through the House of Lords four times. It had passed through the Committee upstairs in the last Parliament and this session, and both his hon. friends who had spoken had had opportunities of using the arguments they had used to-night before the Committee upstairs, and that Committee, nevertheless, by a very large majority, decided to adhere to the measure in its present form. His hon. friend now proposed to leave out the word "corruptly." He considered that that word was absolutely essential. This was a criminal measure. It proposed to attach severe penalties to conduct which fell within its provisions, and therefore it was obvious that where they were turning a citizen into a criminal, and giving a criminal character to his conduct, they should be very careful in the definition of the crime. There should be the element of criminality, or what the law called mens rea should be present in the person upon whom they imposed the punishment which attached to a criminal offence. His hon. friend had supposed a case in which a sum of money was taken innocently and honestly, and had suggested that the person who took it would be a criminal if he had no title to take it, and would be liable to have a prosecution brought against him. In some of the instances to which the hon. Gentleman referred, a banker, a solicitor, or a stockbroker who accepted a commission he was not entitled to take was liable to a civil action, and his civil responsibility was not touched by this Bill. The Bill proposed to go a step further, and constitute a newr crime and render agents liable to criminal penalties for the receipt of commissions in certain cases. The Bill described the crime as receiving money with corrupt intention; otherwise, receiving it knowing that there was no right to receive it, receiving it with that guilty knowledge which was mens rea, the essential element of criminal conduct. He would give the House an illustration of the sort of offence which was meant. Take the case of a vendor of property who employed an agent with the view of obtaining the best price possible for it. The purchaser, with the object of getting the property at the lowest price possible, gave a secret commission to the vendor's agent. No one could doubt that such a transaction was corrupt in its character. It was corrupt in its intention. The commission paid by the purchaser was the price of the disloyalty of the agent employed by the vendor. It was criminal in the moral sense. The object of the Bill was to make it criminal in the legal sense. He would give another illustration. Suppose a builder contracted to erect a house, and the owner of the house, in order to ensure that the builder should put in nothing but the materials stipulated for in the contract, engaged a clerk of works, whose duty was to check the materials going into the building. The builder corrupted the clerk of works by paying him a commission to allow materials to be used in the structure which were not in accordance with the contract. That was a corrupt action on the part of the builder who paid the commission, and who sought to buy up the clerk of works for his own fraudulent ends. That would be a crime within the meaning of this section. He could give many other illustrations. His hon. friend had supposed the case of a person who honestly took a commission because it was a trade custom, who regarded it as part of his legitimate remuneration, and who accepted it without any dishonest intention. Did anyone say that that man was to be made a criminal? They could not step in and send men to prison who were not dishonest. It seemed to him that there were certain steps that must be taken in order to show that conduct was criminal, and that they might punish that conduct with penal consequences. The first step was to show that the conduct was criminal, and that the money was not taken innocently by the agent under the impression that it was part of his remuneration. Of course where they got secrecy they got the very best evidence of corruption. If the payment was taken without the knowledge of the principal, and if the agent took it knowing that the principal was not aware of it, what greater evidence could there be of corruption? Therefore as, as one of our jurists had said, the first indication of fraud was secrecy, so he would say that the very best evidence of corruption was the secrecy which characterised the transaction. There were many cases in which these payments were taken under the impression that they were part of the remuneration of the agent, and if that was so, he did not think that his hon. friend would suggest that such a man should be sent to prison, notwithstanding that the magistrate might be satisfied that he had acted throughout in a perfectly honourable way. If the word "corruptly" were omitted it would, he thought, be an undesirable thing. If the act was done secretly it was obvious that it would be corrupt, and without the inclusion of the word "corruptly" in the Bill no one would dare to give a gamekeeper a sovereign after a day's pheasant shooting or give a tip to a waiter. All these things might be said to be corrupt, unless the whole transaction was understood. Unless the word "corruptly" was included he did not see how one could make the most innocent Christmas present to a servant without being brought under the Act. In a case of perjury it must be "wilful and corrupt,"and the same set of consideration applied to members of municipal corporations who took money in the course of the discharge of their public duties. This was a point with which they were familiar in our criminal jurisprudence, and it was well settled.
* said that with a great deal that had fallen from the mover and supporter of the Amendment he agreed, but he thought they would defeat their own object by asking the House to leave out the word "corruptly." He thought they were unduly frightened by the word. Before one could make a man criminally responsible, his actions must be corrupt. There was a large class of cases, perfectly ordinary business cases, in which an agent was paid by somebody who was not his principal, and if the word "corruptly" were struck out in such a case the agent would be liable to prosecution, although the nature of the transaction was generally known. Let them take the case of a man who had a piece of land to sell. He went to his solicitor, who was his agent, and said he wanted to sell it for £1,000. The solicitor found a purchaser and said his client wished to sell the land for the sum named, that it was cheap at the price, and the buyer must pay his costs. In doing that he was driving a good bargain for his principal, and yet if the word "corruptly" were omitted he would become liable under this Bill. It was a common case also that the commission payable to the agent was not paid by the principal, but by somebody else. Everything being fair and above-board, it was a perfectly legitimate way of doing business, but if the word "corruptly" was taken out of the Bill it would become criminal. Railway companies in buying land in many cases paid the costs of the vendor's solicitors, and unless the word were left in the solicitors in that case also would be liable to a criminal prosecution. Stockbrokers, moreover, also shared their commission with other people. He agreed as to the numerous evils which arose from secret commissions, which were apparent to everybody who was engaged in business, and he would do all he could to strengthen the Bill in that direction, but he did not think it would be strengthened, but weakened by the omission of this word.
said that this was not a new Bill, as it had been before the House for many years, and had for one of its strongest opponents a Gentleman who was now sitting upon the Government Bench. He thought that the person that it was desired under the Bill to punish was the man who deceived his principal and got him to pay a higher price for an article because he received a commission. The House was, he thought, in favour of the Bill, and the Amendment was one which struck at the principle of it. He wished to point out, however, how careful they ought to be, especially after the speech of the Attorney-General, not to do anything which would give rise to injustice in regard to ordinary commercial transactions with which everybody was conversant. He would ask the Government whether, in view of the importance of the Bill, which created a crime, and the fact that it had only been discussed for an hour, while four or five other Amendments had to be moved, it would not be well to adjourn its consideration. He did not think there was any great advantage gained by discussing so important a Bill at that hour in the morning. He thought the Government would be able to obtain the Bill quite easily, as there was no opposition to it. His only desire was that it should be properly discussed in the interest of all parties concerned. He therefore moved that the debate be adjourned.
Motion made, and Question proposed, "That the debate be now adjourned."—( Mr. Dalziel. )
) said the Government were only going to ask the House to take the business down to the sixth Order on the Paper. He had had some consultation with hon. Gentlemen opposite, and they had agreed to go as far as that. He might point out that there was a considerable amount of work to do before they dispersed for the holidays, and the Government were attempting to arrange it as fairly as they could. If they did not get the share of work done which was allotted to that evening it would only mean that they would have to sit late on another evening. The Bill had been very fully discussed, and there was no reason for the adjournment.
hoped the House would not assent to this Motion. The Bill had been supported by most illustrious and able men, and he thought they ought to be able to dispose of it.
Motion, by leave, withdrawn.
Question again proposed, "That the word 'corruptly' stand part of the Bill."
Amendment, by leave, withdrawn.
moved in page 1 at the end of line 27 to insert—
"And if it is proved that the said principal in either of the above ways had suffered substantial damage."
His object was, he said, to make it clear that there should be no prosecution where no harm had been done. [Cries of "Divide."] If hon. Members wanted to get home quickly he was afraid they were going the wrong way to arrive at their desire. The question was whether there was any case to be made out for this Bill as it stood.
* said that was not the Question before the House. The hon. Member must limit himself to his Amendment. He was not entitled to discuss the whole clause.
* said the object of his Amendment was to make it clear that a person was not to be proceeded against unless he injured his neighbour. If a clerk of works corruptly received a tip and then passed bad timber or other material to the injury of his employer, that offence could be punished. But if no damage was done to anybody why trouble about it? There were two classes of Members of Parliament who supported this Bill as it stood—those who were strongly in favour of it and believed it would stop corruption; and those who tole ated the Bill because it would have no effect. He complained that the Bill as it now stood left it open to people to take vindictive action against persons who had done no harm whatever. The case of Whittaker Wright had been referred to, but Whittaker Wright got punished, and there was always the law of conspiracy. Where one person corruptly bribed another to the injury of a third, party the person who bribed and the one who received the bribe could be proceeded against under the law of conspiracy, and therefore this Bill was unnecessary. The House ought to make sure that substantial damage had been done before a man was punishable. How was a man to prove his innocence against a charge under this Bill? A man was charged with corrupt intention. That could only be really proved if damage had been done to the man's employer. If the man proved that the goods were sound and were purchased at market prices he proved his innocence, but under this proposed law he would be held guilty. A corrupt intention in a man's mind should be proved by reference to his acts.
seconded the Amendment.
Amendment proposed to the Bill—
"In page 1, line 27, at the end, to insert the words 'and if it is proved that the said principal in either of the above ways has suffered substantial damages.'"—( Mr. Lupton. )
Question proposed, "That those words be there inserted in the Bill."
hoped the House would not accept the Amendment moved by the hon. Member for Sleaford. It was entirely unnecessary, and would make the Bill weaker than it was at the present moment. The object of the House ought to be to make the Bill as strong as possible, and not to weaken it in any way. He thought the hon. Gentleman ought to facilitate the progress of this Bill as much as possible, and he could only do that by withdrawing his Amendment.
Question put, and negatived.
* said the Amendment he now proposed to move was to substitute the word "offence" for the word "misdemeanour," in order that by another Amendment which he proposed to move they could do away with imprisonment for the first offence and substitute a fine. With permission of Mr. Speaker and the House he would speak to both those Amendments together, and thus save a repetition of his arguments. His object, as he said, was to substitute for the penalty of imprisonment the penalty of a fine, and he would suggest that the amount of the fine should be just double the amount of the damage proved to have been done. If a man was subjected to a penalty of that kind and had to bear the costs of the law suit, it would be a very severe penalty. He thought if they desired to put a stop to corruption they must not have a penalty that was not in accordance with public opinion. Many people who supported this Bill said corruption existed everywhere. He did not believe it, but if it did then corruption was in accordance with public opinion. His point was that if the penalty was contrary to public opinion, public opinion would not enforce the law and it would become a dead letter. This was a law to help capitalists to manage their business with the aid of the police instead of looking after it themselves. ["Divide, divide."]
* : Order, order. The hon. Member is now discussing the Bill as a whole. He must confine himself to the Amendment.
* said his Amendment was to substitute a fine for imprisonment. By these severe punishments they were going back several hundred years. Heavy punishments increased crime because they increased the sense of brutality in the nation.
seconded.
Amendment proposed—
"In page 1, line 28, to leave out the words 'a misdemeanour' and insert the words 'an offence.'"—( Mr. Lupton. )
Question, "That the words proposed to be left out stand part of the Bill," put, and agreed to.
* said the Amendment he had to propose was "On page 2, line 11, after 'Crown' to insert 'or under any Corporation, or any Municipal Borough or District Council, or any Board of Guardians.'" The clause applied the Bill to servants of the Crown, and his Amendment proposed to extend it to the servants of various local bodies. The Amendment was in accordance with the principle and intention of the Bill. If there was a necessity for servants of the Crown coming under the Bill there was a double necessity for servants of local authorities being included. Whereas corruption and chances of corruption were very rare amongst servants of the Crown, amongst the servants of local authorities they were not so rare as they ought to be. He would not refer to any instances which had occurred lately, because he had an old-fashioned prejudice, not shared in by the hon. Member for Woolwich, against referring to cases sub judice. He thought by accepting his Amendment the Government would be taking a step in the direction of restoring confidence in local administiation.
Amendment proposed—
"In page 2, line 11, after the word 'Crown' to insert the words 'or under any Corporation, or any Municipal Borough or District Council, or any Board of Guardians.'"—( Lord Turnour. )
Question proposed, "That those words be there inserted."
said he was not sure that the words were required, because the clause was inserted to meet the case of servants of the Crown subject to special circumstances. To remove any doubt in the matter he would accept the words.
Question put, and agreed to.
Words inserted accordingly.
* moved the omission of sub-section (1) of Clause 2. He thought the Bill was very much weakened by this sub-section. He was not a lawyer, and there might be some good reasons for including the sub-section, but as it stood it seemed to him that it was unnecessary. He begged to move.
formally seconded.
Amendment proposed to the Bill—
"In page 2, line 13, to leave out sub-section 1) of Clause 2."—( Lord Turnour. )
Question proposed, "That the words proposed to be left out stand part of the Bill."
said this proposal was opposed by clerks, land agents, surveyors and others who were apprehensive that under cover of this legislation blackmailing would be rife, and a discharged servant or agent would threaten criminal proceedings. They were afraid that mere publicity would entail very disastrous results. Therefore it was suggested that before any proceedings were taken it should be submitted to the law officers of the Crown, with the result that all opposition was withdrawn. Under these conditions he was unable to accept the Amendment.
* said that if this sub-section was left in the Bill it would lose half its value.
Amendment negatived.
Bill read the third time, and passed.
Statute Law Revision (Scotland) Bill
Order for Third Reading read.
Motion made, and Question proposed, "That the Bill be now read the third time."
said that at the Committee stage the Lord Advocate promised to make certain inquiries, and make a statement on the Third Reading in regard to certain points which were raised.
) said all those points had been carefully considered and they were found to be most effectively dealt with.
Question put, and agreed to.
Bill read the third time, and passed.
Adjournment
Motion made, and Question, "That this House do now adjourn."—( Mr. Whiteley. )
Put, and agreed to.
Adjourned at a quarter after Two o'clock.