House Of Commons
Wednesday, 14th November, 1906.
The House met at a quarter before Three of the o'clock.
Returns, Reports, Etc
Australasia
Copy presented, of Papers relative to the Working of Taxation of the unimproved value of land in New Zealand, New South Wales, and South Australia [by Command]; to lie upon the Table.
Statistical Abstract (Colonies)
Copy presented, of Statistical Abstract for the several British Colonies, Possessions, and Protectorates, in each year from 1891 to 1905 [Forty-third Number] [by Command]; to lie upon the Table.
Police Act, 1890
Copy presented, of Correspondence relative to the refusal of the Secretary of State's Certificate under Section 17 (2) of the Act to the River Tyne Police Force for the year ended 29th September, 1905 [by Act]; to lie upon the Table.
National Education (Ireland)
Copy presented, of Appendix to the Seventy-second Report of the Commissioners, being for the year 1905. Section II. [by Command]; to lie upon the Table.
Lights On Vehicles (Scotland) (Bye-Laws)
Return ordered, "showing the Bye-laws made by Councils of Counties and Burghs in Scotland as to Lights upon Vehicles, giving particulars as far as possible of the points of difference therein."—( Mr. Marnham.)
Questions And Answers Circulated With The Votes
Special Allowances To Assistant Clerks Performing Duties Of Second Division Clerks
To ask the Secretary to the Treasury whether he is prepared to grant special increments or allowances to assistant clerks who are shown to be employed upon the duties and to' be assuming the responsibilities of second division clerks. (Answered by Mr. McKenna.) It rests with the heads of departments to bring forward such cases, if they exist, and any representations by heads of departments receive the careful consideration of the Treasury; but no general undertaking can be given in the sense suggested.
British Correspondence With Foreign Countries
To ask the Postmaster-General whether he can state the number of letters sent from this country and received from France, Germany, Austria, Holland, Belgium and United States of America, respectively, in 1875 and in 1905; and what was the rate of postage to these countries in 1875 and in 1905. (Answered by Mr. Sydney Buxton.) I regret that I am unable to furnish the numbers asked for by the hon. Member for the year 1875. We have not them on record. A basis exists, however, for estimating the correspondence in the case of the continental countries mentioned for the year 1877, and in the case of the United States for the year 1881. The figures for these years, together with those for the year 1905, are embodied in the following statements. The proportion of letters and postcards included in the returns for the earlier years cannot be estimated:—
| Statement showing the estimated number of Letters and Post-cards despatched to and received from the under mentioned Countries during the years 1877 and 1905, respectively. | ||||||
| Country. | Number of Letters and Post-cards. | |||||
| De-patched to | Received from | |||||
| Year 1877. | Year 1905. | Year 1877. | Year 1905. | |||
| Letters and Post-cards. | Letters. | Post-cards. | Letters and Post-cards. | Letters. | Post-cards. | |
| France | 6,730,000 | 11,397,000 | 3,570,000 | 5,848,000 | 10,159,000 | 5,220,000 |
| Germany | 5,056,000 | 11,607,000 | 4,118,000 | 4,868,000 | 12,749,000 | 1,660,000 |
| Austria | 573,000 | 1,931,000 | 551,000 | 407,000 | 1,069,000 | 378,000 |
| Holland | 1,155,000 | 5,428,000 | 2,669,000 | 1,117,000 | 2,687,000 | 1,264,000 |
| Belgium | 1,322,000 | 2,943,000 | 916,000 | 1,218,000 | 2,898,000 | 1,678,000 |
| Statement showing the estimated number of Letters and Post-cards despatched to and received from the United States of America during the years 1881 and 1905 respectively. | ||||||
| Country. | Number of Letters and Post-cards. | |||||
| De-patched to | Received from | |||||
| Year 1881. | Year 1905. | Year 1881. | Year 1905. | |||
| Letters and Post-cards. | Letters. | Post-cards. | Letters and Post-cards. | Letters. | Post-cards. | |
| United States | 7,795,000 | 15,700,000 | 2,806,000 | 7,465,000 | 14,969,000 | 3,662,000 |
The rates of postage for letters from the United Kingdom to the countries
| Country. | Rate. | |
| Year 1875 (January). | Year 1905. | |
| France | 3d. per ⅓ ounce | 2½ per ½ ounce |
| Germany | 3d. per ½ ounce | |
| Austria | 3d. per ½ ounce | |
| Holland: | ||
| via Belgium | 3d. per ½ ounce | |
| via France | 6d per ⅓ ounce | |
| Belgium: | ||
| Direct | 3d. per ½ ounce | |
| via France | 4d. per ½ ounce | |
| United States | 3d. per ½ ounce | |
Next Sitting At Longford Of Appeal Court Of Land Commission
To ask the Chief Secretary to the Lord-Lieutenant of Ireland when the next Court of Land Commission for appeals will sit in Longford. (Answered by Mr. Bryce.) I am informed by the Land Commission that the date of the next sitting at Longford for the hearing of appeals has not yet been arranged. There are at present only fifty-one cases of pending appeals from county Longford.
Purchase Of Estates Of Mr J M Coyne And Mr H Bengham
To ask the Chief Secretary to the Lord-Lieutenant of Ireland if he will state whether any negotiations have been entered into by the Estates Commissioners with Mr. J. M. Coyne for the purchase of his estate in Erris, North Mayo, and with Mr. H. Bengham for the purchase of his property in the same barony; and, if not, whether he will ask the Estates Commissioners to approach these landlords with a view to purchase negotiations, seeing that over two years ago these landlords expressed to representatives of their tenants their willingness to sell. (Answered by Mr. Bryce.) The Estates Commissioners inform me that no proceedings or negotiations for sale are, pending before them in respect of the
referred to, in 1875 and in 1905, were as follows:—
estates mentioned in the Question, and they have no information which would lead them to believe that any action of theirs as conciliators would be beneficial in these cases.
Telegraph Extension From Dring To Aghnacliffe
To ask the Postmaster-General whether he is aware that the line of telegraph from Dring to Aghnacliffe is guaranteed both locally and by the Granard rural district; and, if so, why the extension is not being pushed through.
The hon. Member is, I think, mistaken. No guarantee has yet been given for a telegraph extension to Aghnacliffe. As soon as this is forthcoming the line will at once be proceeded with.
Vaccination Exemption Certificate—Case Of Mr Walden, Of Catford
To ask the Secretary of State for the Home Department if his attention has been called to the case of E. M. Walden, of 37, Medusa Road, Catford, who has been summoned for not vaccinating his youngest child, he having been refused an exemption certificate on two successive occasions at the Greenwich police court by Mr. Kettle and another magistrate, notwithstanding that the same court had, on two previous occasions, given him exemption certificates in the case of other children; and what steps he proposes to take to prevent the continual prosecution of conscientious objectors. (Answered by Mr. Secretary Gladstone.) I have received a letter from Mr. Walden, but I regret that I have no authority to take action. The matter is one placed by statute within the discretion of the magistrate, and the only remedy for the anomalies which at present occur lies in an alteration of the law. Legislation for the purpose would he in the hands of my right hon. friend the President of the Local Government Board.
Warwickshire Police And Gipsies
To ask the Secretary of State for the Home Department whether his attention has been drawn to the action of the Warwickshire police in forcibly preventing some gipsies from entering Warwickshire from Leicestershire; whether he is advised that the Warwickshire police acted illegally; and what steps he proposes to take in the matter. (Answered by Mr. Secretary Gladstone.) The chief constable of Warwickshire informs me that he issued instructions that the gipsies were not to be permitted to enter the county on Saturday last, and that these instructions were carried out. He does not state the grounds on which he considers that he was legally empowered to take this course, and I am not myself aware of them, but I am communicating further with him in the matter. The whole question is a very difficult one.
Brush Electrical Engineering Company And The Payment Of Wages Act, 1883
To ask the Secretary of State for the Home Department whether his attention has been drawn to the fact that an occasional licence has been granted to the Brush Electrical Engineering Company, at premises which form part of their Falcon Works, Lough-borough, for several weeks; and whether, in view of the provisions of the Payment of Wages Act, 1883, Clause 3, which prohibits the payment of wages at or within any place belonging to a public house or occupied therewith, except such wages as are paid by the resident owner, he proposes to take any action in the matter, seeing that wages are still being paid at an office or place belonging to and occupied together with the premises to which the occasional licence is being continually granted. (Answered by Mr. Secretary Gladstone.) Yes, my attention has been drawn to the grant of an occasional licence for a canteen established in one part of these works for the convenience of the men employed. Whether the circumstances are such as to bring the case within the terms of the Payment of Wages in Public Houses Act is a doubtful point on which I am not prepared to express an opinion; but I understand that the point was taken before the justices who granted the licence, and that they considered, in view of the circumstances, especially the fact that the pay office was situated at least a quarter of a mile away at the other end of the works, that it could not be sustained. On the information at present before me I do not see my way to taking any action in the matter.
The Murder Of Mrs Stevens Of Wadhurst—Additional Evidence
To ask the Secretary of State for the Home Department whether his attention has been called to the statutory declarations and statements of Henry P. Lee, Mabel Hodges, Fanny E. Hemsley, and others, with reference to the murder of Mrs. Stevens at Wadhurst. on the 11th December, 1905; whether he is aware that the evidence contained in the above declarations and statements did not appear at the trial of Stevens, and that, had it appeared, the innocence of Stevens would probably have been established; and whether, having regard to this additional evidence, he will order the release of Stevens. (Answered by Mr. Secretary Gladstone.) The declarations referred to were submitted to me in June last, and were very carefully considered along with all the representations made to me on the prisoner's behalf. I regret to say that I could find no reason to doubt that the prisoner was rightly convicted, and that I am unable to advise any further interference with his sentence.
Babies In Prisons—Establishment Of Crêches
To ask the Secretary of State for the Home Department whether his attention has been drawn to the Report of the medical officer of Birmingham Prison for last year, that no fewer than sixty-eight babies at the breast with their mothers were admitted to the prison during the year, and, that, in the case of these babies, the recently established crêche was found very beneficial; whether a crêche exists in other prisons which have a similar proportion of babies among their inmates; and, if not, will he consider the desirability of establishing crêches in all prisons in which a considerable number of babies are received. (Answered by Mr. Secretary Gladstone.) Yes, Sir. It was decided that crêches should be established at prisons where more than fifty babies were received during the year. This has now been done at all such prisons with the exception of Manchester where the work is in progress.
Costs In Connection With Summary Conviction
TO ask the Secretary of State for the Home Department whether his attention has been called to the Report of the governor of Carnarvon Prison, to the effect that one reason why more fines are not paid after committal is the heavy charges for conveyance and the warrant; that in one case a young girl was fined 1s. for having no light on her bicycle, and finally had to pay 17s. 6d. and suffer a short imprisonment as well; and whether he will consider the whole, question of costs in connection with summary convictions with a view to a radical revision of the system. (Answered by Mr. Secretary Gladstone?\.) I have seen the Report in question, and I regret to say that other cases of a similar character from time to time come to the notice of the Home Office. Any alteration in the law would present great difficulties; but no alteration ought to be necessary, as the justices have power to remit payment of costs in all cases, and, when the fine is less than 5s., the costs cannot be imposed except by an express order of the court. The Home Office has frequently called the attention of magistrates to their powers and duties in this matter, and I will consider whether it would be useful to issue a circular on the subject.
Summary Convictions — Period Of Imprisonment For Non-Payment Of Fines
To ask the Secretary of State for the Home Department whether he is aware that many benches of magistrates throughout the country in applying Section 5 of The Summary Jurisdiction Act, 1879, are in the habit of imposing automatically the maximum period of imprisonment fixed by the scale in respect of the nonpayment of a fine, instead of determining the period according to the justice of the case, as the section requires; and whether, by circular or otherwise, he will call the attention of justices to the requirement of the law. (Answered by Mr. Secretary Gladstone.) The Home Office for one reason or another hear of a very large number of sentences passed by Courts of Summary Jurisdiction, and though it may be true that some Courts fix the amount of imprisonment to be imposed in default of a fine in the mechanical way indicated by the hon. and learned Member, I have no ground for thinking this is generally done. I will, however, take an early opportunity of calling attention to the matter.
Cavalry In Scotland
To ask the Secretary of State for War if he can state the stations in the United Kingdom where single regiments of line cavalry are maintained, specifying those from where cavalry brigade work cannot be practised; and if he will consider the advisability of suppressing one of those stations, if necessary, so as to allow of a cavalry regiment being maintained in Scotland.
(Answered by Mr. Secretary Haldane.) The stations are as follows: Hounslow, Canterbury, Edinburgh and Glasgow, Norwich and Weedon, Colchester, Dublin, York, Shorncliffe. With the help of the training grant, cavalry brigade work can be arranged without much difficulty from all stations except York and Edinburgh, from which places movements by rail to manœuvring areas in the south of England are expensive, and naturally more so from Edinburgh than York.
Non-Commissioned Officers Liable To Discharge At Short Notice After Long Service
To ask the Secretary of State for War if he is aware of the inconvenience caused to certain Lancashire regiments of Volunteers, and the hardship caused to individuals, by the order of the 30th October, which forces the best non-commissioned officers to retire from the service in the prime of life and when they are of the greatest service to the commanding officers; and whether he will withdraw the order till he has made an inquiry and heard the views of the commanding officers of these battalions. (Answered by Mr. Secretary Haldane.) Under the provisions of Section 85 of the Army Act, a soldier may be permitted to continue in the service after twenty-one years, subject to the right to claim his discharge at three months notice, This is in fact a privilege which may be withdrawn by superior authority on giving the soldier one month's notice. In the cases alluded to, the non-commissioned officers have been given five months notice, as they will not be discharged to pension until the 31st March next. And, before the order is carried out, the number of non-commissioned officers liable to be discharged under its provisions will be reported to headquarters, when due consideration will be given to special cases.
Irish Evicted Tenants—Case Of Denis Looby
To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the claim of Denis Looby, evicted tenant, of Sandymount, Templemore, to a farm instead of his evicted farm now occupied by a new tenant, was considered in connection with the redistribution of the untenanted lands purchased by the Estates Commissioners from Mr. Downes Martin; whether he is aware that Denis Looby resides within two miles of these lands, and if his claim was not considered why was it not; and, if so, why was he passed over. (Answered by Mr. Bryce.) The Estates Commissioners inform me that Denis Looby's application was duly considered by them in connection with the untenanted land on the Downes Martin Estate. The Commissioners understand that Looby has been placed in his former holding as caretaker, and that it is not improbable that the landlord may sell the estate, in which case Looby may possibly be reinstated in his former holding. Having regard to these circumstances, and to the many other urgent claims for the untenanted land on the Downes Martin Estate, the Commissioners have decided not to deal with Looby's case in connection with that estate.
Cost Of Extra Police At Meeting At Gortnahoe, County Tipperary
To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that about 150 police in charge of the county inspector were present at a peaceful meeting at Gortnahoe, county Tipperary, on 21st October; whether an information was sworn that the meeting might lead to a breach of the peace; if so, who made the information; what is the amount of extra cost chargeable for the concentration of the constabulary at Gortnahoe, and by whom is the same payable; and whether he is aware that the meeting was called to enable the hon. Member for Mid Tipperary to address his constituents. (Answered by Mr. Bryce.) I am informed that a force of seventy, not 150, police was assembled at Gortnahoe on 21st October for the purpose of preserving the peace in connection with a public meeting held there. No information was sworn in the matter. The police authorities inform me that they had reason to apprehend that a breach of the peace might be attempted, but none took place. The force was drawn from the district, and no charge falls upon local authorities. The placard convening the meeting did not announce the object of the meeting to be that mentioned in the Question, but I am informed that the hon. Member was one of the speakers.
Sale Of Lord Southwell's Estate, County Limerick
To ask the Chief Secretary to the Lord-Lieutenant of Ireland if he can say when the sale of Lord Southwell's estate, in the county of Limerick, will be completed, and when the evicted tenants on it will get. a grant from the Estates Commissioners. (Answered by Mr. Bryce.) The Estates Commissioners inform me that it is not possible at present to state when the sales on the estate in question will be completed, but in all probability it will not be before the end of next year. The Commissioners understand that two evicted tenants have been put into occupation on grazing agreements pending purchase, and they have instructed their inspector to visit the holdings and report as to the estimated price of the holdings, and as to the wants and circumstances of the evicted tenants.
Withdrawal Of Salary From Late Teacher Of Teeagh National School
To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he has seen the reply of the late teacher of Teeagh national school, Mr. McCurdy, relative to withdrawal of salary on the plea of inefficiency, where McCurdy emphatically denies the charge of inefficiency previous to the introduction of the new system; is he aware that the percentages quoted in that reply are very high for the nine years ending 1900; have the Commissioners any objection to give dates and substance of reprimands received by him during results period; and whether he will recommend the Commissioners of National Education to consider the case with a view to have Mr. McCurdy restored to his former position as principal teacher, or to grant him any other substantial recognition of his long services as a teacher. (Answered by Mr. Bryce.) The Commissioners of National Education inform; me that they have nothing to add to the reply which I gave to the Question on this subject put by the hon. Member for South Belfast on 19th July last.† The matter is entirely within the province of the Commissioners.
Straits Settlements Currency
To ask the Under-Secretary of State for the Colonies whether his attention has been called to the hardship inflicted on the civil servants of the Straits Settlements by the fixing of the value of the dollar at 2s. 4d., whereas when the currency scheme of pay was introduced, in 1903, the dollar was worth only about 1s. 5d.: and whether he will take steps to remedy the grievances of these officers, who have thus practically suffered a diminution of their local salaries amounting to about 30 per cent. (Answered by Mr. Churchill.) I understand that when the sterling scheme of salaries was introduced the average ex- change value of the dollar was about 1s. 9d., but officers were already drawing compensation allowance, and this fact-was taken into consideration when fixing the sterling rates. It was optional for officers either to accept these rates or to remain on their dollar salaries. The Secretary of State does not consider that the officers concerned have been affected to a degree which would make it necessary or desirable to reconsider the general rates of salary now paid.
The "Knight Commander"—Terms Of Settlement
To ask the Secretary of State for Foreign Affairs whether he can now say what are the terms of settlement between the Russian Government and the British owners of the "Knight Commander" and the other British vessels destroyed in the late Russo-Japanese War. (Answered by Secretary Sir Edward Grey.) With regard to the case of the
"Knight Commander," the Russian Government, having declined to reconsider the claim put forward on behalf of the owners and others concerned, His Majesty's Government have proposed that the case should be referred to arbitration by the International Tribunal at The Hague. The Russian Government have not yet replied to this proposal. The cases of other vessels destroyed by the Russian naval forces during the hostilities between Russia and Japan are pending before the Russian prize court. His Majesty's Government have, however, reserved the right of further diplomatic intervention if necessary, after the usual legal remedies have been exhausted by the parties concerned.† See (4) Debates, clxi., 376.
Loss Of British Steamers
To ask the President of the Board of Trade whether his attention has been called to the loss of the British steamer "Baron Huntly," when bound on a voyage from a Spanish port loaded with iron ore to a port in the United Kingdom; whether the load-line mark of the "Baron Huntly," had been shifted; and, if so, to what extent; if he will state the age of the vessel "Baron Huntly"; and whether the Board of Trade intend to make inquiries into the loss of this vessel.
To ask the President of the Board of Trade whether his attention has been called to the loss of the steamer "Lebanon," loaded with iron ore from a Spanish port to a port in the United Kingdom; if he can state how many inches the load-line mark of this vessel had been shifted; whether he will state the age of the "Lebanon"; and whether any inquiries are intended to be held with regard to the loss of this vessel.
To ask the President of the Board of Trade whether his attention has been called to the loss of the British ship "Manning-tree" in the Atlantic Ocean; and whether he has any official information showing that the disaster was owing to an alteration in the load-line to the extent of seven and a half inches; and whether he can state the age of the steamer "Manningtree"; whether he is aware that she was loaded with copper ore bound for Philadelphia; and whether he can state that the load-line of this vessel has been shifted to allow the vessel to load deeper; and whether the Board of Trade intend to hold an inquiry as to the loss of this vessel. (Answered by Mr. Lloyd-George.) My attention has been called to the three cases to which the hon. Member refers, and I have ordered a formal investigation to be held in each instance. Pending the result of these inquiries I am not prepared to make any detailed statement with regard to them.
United States Import Duty On British Works Of Art
To ask the President of the Board of Trade whether he is aware that the United States levies an import duty upon British works of art, comprising paintings in oil and water colour, pastels, black and white drawings, and statuary, at the rate of 20 per cent, ad valorem, while the duty upon similar works imported into the United States from Finance, Germany, Italy, or Portugal, is only 15 per cent.; and whether he will take steps to induce the United States to remove a discrimination so prejudicial to British artists. (Answered by Mr. Lloyd-George.) I am aware of the fact stated. Communications are passing between His Majesty's Government and the Government of the United States upon the subject.
Naval Ships' Police
To ask the Secretary to the Admiralty whether the Board have yet come to any decision on the question of placing increased reliance on the petty officers for the maintenance of discipline in the Navy, with a view to the abolition of the system of ship police. (Answered by Mr. Edmund Robertson.) The matter is still under consideration.
Annual Report Of Local Government Board—Expenditure On Poor Law Relief
To ask the President of the Local Government Board whether he is aware that the totals, in the 35th Annual Report of the Local Government Board are omitted from the first Statement of the expenditure on Poor Law relief in England and Wales, on pages 588 and 589, where they have appeared for many years; whether he can state how the totals, except for the year 1905, on page 592, are made to agree with those on pages 588 and 589; and whether his attention has been called to the discrepancy between the totals of expenditure for 1905, on pages 589 and 592. (Answered by Air. John Burns.) The total expenditure on the relief of the poor in England and Wales for each of the twenty-five years up to 1904–5, inclusive, is shown in the tables on pages 591 and 592 of the Report referred to. It was, therefore, not necessary to retain the column for "totals" in the table on pages 588 and 589. The space formerly occupied by this column has been utilised for adding particulars of the expenditure on "buildings, repairs, furniture, rent, taxes, and insurance." for those years in respect of which they can be given. As regards the latter part of the Question, the explanation is that certain expenditure which appears in the accounts of the guardians of the poor under some of the headings in the table, e.g., the estimated value of the produce of a workhouse farm which is consumed in the workhouse, and is included under the head of "in-maintenance," has to be excluded in arriving at the total expenditure, because it is represented by expenditure which appears under another heading, such as the cost of working the farm, which would appear under the head of "other expenses." Deductions to avoid duplication were formerly made from separate items in the table corresponding with that on pages 588 and 589 of the last Report, and the totals of these reduced items were given in the table, but the Returns did not show precisely what deductions had been made. The present practice is to obtain Returns of the full expenditure charged to each heading, and to make the necessary deductions in the total. Hence the total expenditure for the year 1904-5 which excludes the duplicate amounts, shown in the tables on pages 591 and 592 of the Report, is not the total of the items shown in respect of that year in columns one to seven of the table on page 589.
Allowance To Widow Of Late Patrick Mckeon, Customs Officer Of Cardiff-
To ask the Secretary to the Treasury whether he can state what provision has been made by the Customs authorities for the widow and six children of Mr. Patrick McKeon, whose friends reside near Boyle, county Roscommon, and who served twenty-two years in the Customs, and died last September at 162, Cyfartha Street, Roath, Cardiff. (Answered by Mr. McKenna.) I am informed that Mr. Patrick McKeon, late; preventive officer of Customs at Cardiff, died on the 2nd ultimo, after a service in this department of twenty-two years. His widow appealed to the Board of Customs on the 3rd instant for some pecuniary assistance, alleging that her husband's death was due to pneumonia consequent on exposure while he was on duty. Inquiries are being made into the facts of the case, but I ought to inform the hon. Member that the Superannuation Acts do not provide for the grant of assistance to the widow of a civil servant, unless the officer's death results from injuries specifically attributable to the nature of his duty.
Postal Servants And Political Meetings— Speech By Sir Robert Hunter
To ask the Postmaster-General whether Sir Robert Hunter, as solicitor to the Post Office, rests under the disability imposed upon other civil servants of being forbidden to take an active part in politics; if so, whether the Postmaster-General's attention has been directed to a speech ascribed to Sir Robert Hunter; and whether he will draw Sir Robert Hunter's attention to the regulations governing the conduct of civil servants in such matters. (Answered by Mr. Sydney Buxton.) Sir Robert Hunter's remarks, to which, my attention has been drawn, were made at a drawing-room meeting held in connection with the question of woman's suffrage. The meeting was in no sense a party meeting. I am sure that Sir Robert Hunter had no intention of infringing the understanding governing the conduct of civil servants in such matters, and I do not propose, therefore, to take any action in regard to the matter.
Warwickshire Police And Foreign Gipsies
To ask the Secretary of State for the Home Department, what information he has received in reference to the conflict of Saturday last, when Hungarian gipsies attempted to force an entrance into the county of Warwick, and were assisted by the Leicestershire police; is he aware that the Leicestershire police actively assisted the gipsies in trying to push the leading carts over the boundary line, and the women of the gipsy band meanwhile be laboured the Warwickshire police with hedge stakes; and what action has the Home Office taken or proposes to take at. once to prevent a further breach between the county police and to avoid expense. (Answered by Mr. Secretary Gladstone.) I have had reports from the two chief constables concerned, and am satisfied that the accounts of the conflict between the two forces, which seems to have been due to some misunderstanding, are exaggerated. The movements of these gipsies involve many questions of great difficulty; but I am confident that the various police forces will cordially cooperate with one another in preserving law and order. As I have already stated, the only powers which I have in the matter proceed from Section 3 of the Aliens Act and relate to such individual cases as may be certified by a court for expulsion.
Clerks To Surveyors Of Taxes And Confidential Income-Tax Returns
To ask Mr. Chancellor of the Exchequer whether it is possible so to arrange the business in the offices of surveyors of taxes that knowledge of the contents of people's income-tax returns and like confidential matters shall not come within the knowledge of the un-established clerks who discharge the clerical duties in those offices; will he say whether any petition was presented by the surveyors of taxes praying that the clerks in their offices should, in the interests of the public service, be put on the establishment, and was any scheme prepared by the Chairman of the Board of Inland Revenue for the establishment of those clerks; and will he recommend the appointment of a Committee of the House to inquire into the question of putting the clerks in the surveyors' offices on the establishment, and as to the preservation of secrecy in the matter of income-tax returns. (Answered by Mr. McKenna.) I am informed that it would not be practicable to ensure that under no circumstances should the unestablished. clerks in surveyors' offices have access to information bearing in any way on income-tax returns, or other matters more or less confidential. But the arrangements at present made are such as to limit as far as possible such access, and there is no single case on record in which complaint has ever been substantiated that an unestablished clerk has made improper disclosures of information that has come to his knowledge in the course of his clerical duties. In 1905 the surveyors of taxes asked the Board of Inland Revenue to consider the question of employing a certain proportion of established clerks. This was done, but the Board felt unable to recommend that course. The Chairman of the Board has always been opposed to it, and has never prepared or submitted a scheme embodying it. The facts and considerations bearing on the subject are all fully known to the Board of Inland Revenue and the Treasury, and I do not think any further inquiry is required.
The Imperial Institute And The London University
To ask the Secretary of State for India whether the Indian princes and other persons who subscribed money for the building and endowment of the Imperial institute were consulted before it was decided to devote three-fifths of the building to the purposes of the London University; and whether any offer was made to refund to them the whole or a proportional part of their subscriptions. (Answered by Mr. Secretary Morley.) So far as I am aware, the surviving subscribers in India were not consulted by the governing body of the Imperial Institute, within whose discretion the matter lay, nor was any offer of a refund made to them.
Remission Of Penalties For Overstaying Leave
To ask the Secretary of State for India whether he has yet received from the Government of India any information as to the desirability of assimilating the civil to the military regulations in respect of the remission of penalties for overstaying leave when the over stayal is due to delay in the arrival of a steamer. (Answered by Mr. Secretary Morley.) I have received a Report on the subject from the Government of India, who are not in favour of the suggested change. I am satisfied that, while the civil rules applicable to officers over-staying their leave differ to some extent from the military rules, they are not on the whole less liberal in actual practice, and that there is ample provision for preventing any inconvenience from the particular difference to which the hon. Member has drawn attention. I therefore see no sufficient ground for differing from the Government of India in the matter.
Discharge From The Army Of Harold James Carroll
To ask the Secretary of State for War whether his attention has been called to the case of Harold James Carroll, who is reported to have been dismissed from the Army because, having obtained a commission from the ranks, and having found that his pay as an officer would not cover his expenses, he resigned his commission and enlisted in the Royal Irish Dragoons; and whether, should the above report prove to be correct, and in the event of there being nothing against the character or conduct of Harold James Carroll, he will reconsider the dismissal and give him an opportunity of rejoining the Army in some capacity. (Answered by Mr. Secretary Haldane.) Mr. Carroll was on leave of absence from his battalion when certain circumstances affecting his character and conduct came to notice. He was ordered to rejoin his battalion and to give an explanation regarding the above matters. He furnished no explanation, stating that he was too ill for correspondence, and a medical board gave him leave for fourteen days. On the termination of this leave, Mr. Carroll failed to rejoin his battalion though ordered to do so, and gave no explanation. After a further period of twenty-one days absence without leave, he was removed from the Army. It then transpired that he had enlisted into the Royal Irish regiment, but in view of the above circumstances it was not considered desirable that he should serve, and his discharge was accordingly authorised.
Pay Of Army Officers
To ask the Secretary of State for War whether he is in a position to make any statement with regard to the scale of pay of officers in the Army; and whether he can give any hope of his being able to make such provision in the Army Estimates next year as will make it possible for officers to live in all cavalry and line regiments without private means. (Answered by Mr. Secretary Haldane.) It is not possible for me to say more at present than that this important matter is receiving my careful consideration.
Increased Pay For Officers Serving In South Africa
To ask the Secretary of State for War whether he can see his way to pay officers serving in South Africa at an increased rate, seeing that the cost of living in South Africa is very much higher than in this country. (Answered by Mr. Secretary Haldane.) The Colonial allowance issued to officers serving in South Africa, together with the rebate of customs duty granted to them, is considered sufficient to cover the extra cost of living in that country. No increase of the present rates of allowance is contemplated.
NOTE.—The following Questions and Answers were circulated after the rising of the House in August last.
Salving The "Montagu "—Refusal Of Men To Work At Night
To ask the Secretary to the Admiralty whether he is aware that for some days past the men belonging to Pembroke Dockyard, now employed in salving H.M.S. "Montagu," have refused to take their turn of night work at the pumps; whether on the 1st August any, and, if so, what number of these men refused to work altogether; whether this refusal has thrown extra work on the officers and blue jackets concerned in the salvage; whether this refusal has lessened the prospect of saving the vessel; and what
| 1885–9. | 1890–4. | 1895–9. | 1900–4. | 1905–7. | |
| Great Britain | 6 | 15 | 19 | 13 | (3 laid down |
| 3 projected | |||||
| France | 1 | 5 | 5 | 6 | 6 |
| Germany | 1 | 3 | 8 | 10 | 5. |
| United States | Nil | 4 | 8 | 12 | 4 |
Transfers Of Seamen And Stokers—Cost Of New Cap Ribbons
To ask the Secretary to the Admiralty whether the Admiralty have further considered the frequency with which seamen and stokers are moved from ship to ship, so entailing on them the expense of purchasing new cap ribbons; and whether they are now prepared to issue two cap ribbons free of charge. (Answered, by Mr. Edmund Robertson.) The Question is still under consideration.
steps he proposes to take to deal with the dockyardsmen concerned.
( Answered by Mr. Edmund Robertson.) No information to this effect has reached the Admiralty.
Return Of Fleets—First Class Battleships
To ask the Secretary to the Admiralty what were the number of battleships classified in the last Return of Fleets (Great Britain and Foreign Countries) as first class battleships, which were laid down for the Navies of Great Britain, Germany, France and the United States in the quinquennial periods, 1885–9, 1890–4, 1895–9, 1900–4, inclusive of the two battleships purchased from Chili, and in a final period of 1905–7, so as to include any battleships which are intended to be laid down by the four Powers during 1906 and 1907 (Answered by Mr. Edmund Robertson.) The information desired by the hon. Member is given in the following table.
Relief Of Aged Widow At Longtown, Cumberland
To ask the President of the Local Government Board whether his attention has been drawn to the action of the Longtown, Cumberland, Board of Guardians, who have refused to relieve an aged widow because her son, who has a wife and child to maintain on his wages of 9s. per week, should make provision for her, and because she had not sold a donkey and cart with which she occasionally earns a few shillings by carting garden produce to market, and that she still retained her furniture; whether his attention has been called to the statement of the chairman, that the Local Government Board would surcharge the guardians with the cost of any out-relief they might grant in such a case; and will he say whether this represents the practice of the Local Government Board in regard to the granting of outdoor relief. (Answered by Mr. John Burns.) I have made inquiry on this subject, and am informed that the woman referred to had one son, whose wife was residing with her. The son was working on a farm where he was boarded and lodged in addition to receiving 9s. a week wages but he spent from Saturday to Monday with her. The grounds upon which she applied for relief are stated to have been that her son's wife had recently been confined at her house. The guardians did not think this a sufficient ground for granting relief, as the husband was in work and ought, as they considered, to be able to support his wife and child without coming upon his mother. I have no information as to any statement by the chairman, but I understand that the guardians were of opinion that the case was not one which came within the regulations as to out-relief in force in the union. Where out-relief is given in any particular case it rests with the auditor in the first instance to deal with the legality of the payment made, and it would not devolve on the Local Government Board to take any action in the matter unless an appeal were made to them against his decision. In the event of such an appeal it would be necessary that the precise facts should be ascertained, before they could express an opinion as to whether the relief was legal or not.
The Transvaal Constitution—Position Of Aliens
To ask the Prime Minister what will be the position of aliens and all persons, not-being British subjects, in the Transvaal with regard to the franchise under the new Constitution; and what steps -will be taken to prevent all persons other than British subjects from being placed on the register. (Answered by Sir Henry Campbell-Bannerman.) The franchise will be confined to British subjects only. The usual steps will be taken in the course of registration.
Questions In The House
Obsolete War Vessels
I beg to ask the Secretary to the Admiralty what is to be the future of the so-called obsolete war vessels at present anchored in the Holy Loch and Kyles of Bute, in the Firth of Clyde; are they to be allowed to remain there until they rot and sink, or are they to be sold for the benefit of the nation.
The larger proportion of those vessels are on the sale list, and the remainder will also be sold unless other uses are found for them.
Will the right hon. Gentleman consider the desirability of having these vessels broken up in His Majesty's dockyards so as to lessen the number of discharges? Would it not relieve the distress in many dockyard towns?
That matter I have already considered.
The New Home Fleet
I beg to ask the Secretary to the Admiralty how many cruisers at present in full active commission are to be attached to the new Home Fleet; from what squadrons are such cruisers to be respectively drawn; and whether any such cruisers, and, if so, which, have already received instructions with a view to the proposed changes.
No definite instructions have as yet bean given in regard to any of the points raised in the Question, and the Home Fleet will not be fully constituted till after the Lagos manœuvres in February.
The Portsmouth Disturbances
I beg to ask the Secretary to the Admiralty whether any, and, if so, how many, stokers who were present when the order "down on your knees" was given by Lieutenant Collard on the 4th instant, at Portsmouth, have since been ordered to join ships proceeding to sea; on what date was the order given; for what period of time is it anticipated they will be away from England; were any, and, if so, how many, informed before leaving that they were at liberty to tender evidence before the inquiry instituted by the Admiralty; how many have recently returned from abroad; and what number were entitled to a period of leave. May I also ask whether the men have been confined to their ships, and whether the right hon; Gentleman is now able to make any statement on the subject.
No men have been sent to sea in consequence of the recent disturbance at Portsmouth, and the remainder of the Question, therefore, does not arise. With reference to the supplementary Question, I would ask the leave of the House to take this opportunity of redeeming the promise I made yesterday to make a statement on behalf of the Admiralty. The Admiralty have received and considered the report of the court of inquiry appointed to investigate the recent disturbance at Portsmouth Naval Barracks, and they have decided on the following course of action:—First, the men principally implicated in the disturbance to the number of eleven will be tried by court-martial under the provisions of the Naval Discipline Act. Secondly, a court of inquiry-is to be appointed to investigate the allegation made against Lieutenant Collard that on 24th November, 1905, he gave the order "On the knee" improperly. Pending the result he has been transferred from the Naval Barracks to the Gunnery School. Thirdly, when the reports of the court of inquiry and the finding of the court-martial have been received and considered by the Admiralty, an Admiralty minute will be promulgated giving the decision of the Board in regard to the conduct of all concerned and the questions arising thereon. In the meantime the Admiralty feel that to make any more definite pronouncement with regard to the action which they may subsequently find it necessary to take would be calculated to prejudice the court of inquiry and the court-martial.
May I ask the right hon. Gentleman how old is this order by which officers can compel men to kneel?
Any answer to that Question on my part would be apt to prejudice the course of the inquiry.
Will the men who are to be tried by court-martial be permitted to be represented in any way?
Oh yes; there is a legal representative who is called the prisoner's friend, and who will act as counsel.
British Indians In The Transvaal
I beg to ask the Under-Secretary of State for the Colonies whether any decision has been come to regarding the appointment of a Commission to inquire into the grievances of British Indians in the Transvaal.
No decision has yet been arrived at in the matter.
When responsible Government has been given will it not be too late? Does not the delay practically mean that the Imperial Government are drawing a colour line?
I must ask for notice of that Question.
I beg to ask the Under-Secretary of State for the Colonies whether he can state the names and addresses of British Indians in the Transvaal who have telegraphed to the Secretary of State in favour of the Anti-Asiatic Ordinance, which is now under the consideration of the Government.
The petition I have received is signed by W. Godfrey and C. M. Pillay, apparently on behalf of 437 other British Indians who disclaim having given Mr. Gandhi any mandate to represent them in England. The petitioner represents that Mr. Gandhi is a professional political agitator whose views have been productive of harm to the Indian community. The hon. Member is at liberty to see the petition and the names at the Colonial Office.
May I ask whether the Secretary of State has not received other telegrams from South Africa indicating that this telegram is a spurious one, and that the signatures to it were obtained under false pretences?
No, Sir. I am not aware of any such telegram.
Chinese In South Africa—Mr Bucknill's Report
I beg to ask the Under-Secretary of State for the Colonies whether, in consequence of the evidence accompanying Mr. Bucknill's Report on the conditions of Chinese labour in South Africa, any telegraphic communication has been made to the High Commissioner.
Yes, Sir.
Who shut this man out, with what object, and at whose cost?
I must ask for notice of that.
I beg to ask the Under-Secretary of State for the Colonies whether any of the evidence accompanying the Report of Mr. Bucknill on the conditions prevailing in Chinese compounds in South Africa justifies in any respect the allegations as a result of which an inquiry was instituted.
The Prime Minister on Wednesday last indicated that the confidential character of the Report and evidence will be preserved, and I must therefore, ask the hon. Member to permit me not to go into details.
Will the hon. Gentleman not say in general terms what the nature of the Report and the evidence was, and what steps the Government proposes to take?
It is quite impossible for me, in answer to a Question, to state in general terms the nature of an extensive Report of this character; nor could I, without full notice and full opportunity for consulting the Secretary of State, give any indication at length of the steps which are being taken, and which certainly must be vigorously taken, to improve the condition of affairs.
May I ask if the grave state of things now known to exist, and which as late as August last was stated by the Government to call for a reversal of policy, is now to dwindle down to a matter of administration?
Is it not time the Chinese were cleared out of South Africa?
Were any of the 1,665 coolies discharged during October discharged on grounds of gross immorality, and were any of those struck off the strength by special resolution of the Executive Council discharged for the same reason?
I do not know.
I would, ask the Under-Secretary whether having regard to the fact that he made a statement to this House in connection with the appointment of this Committee, and that very serious allegations have been made with regard to administration, the Colonial Office does not think it very much concerns them to give at least a negative or affirmative Answer to the Question.
When will the hon. Gentleman be able to tell the House whether the state of things has arisen, in regard to which he stated on 4th August that if it proved to be true the Government would revise their whole position in regard to the Chinese labour question, even during the short transition period before the granting of responsible government?
On questions of policy, which are matters of Cabinet decision, I must ask for fuller notice.
In reference to the secrecy of this Report, has Lord Selborne been consulted?
Yes; he has been consulted as to the steps to be taken.
Just so; hear, hear.
And he has replied in a manner which leaves no doubt as to the stringency of the measures to be taken.
Could the Under-Secretary give us some indication of the date when he would be able to declare what the policy of the Government is relating to this Report?
Is it the intention of the Imperial Government to hand over to a new and struggling colony the settlement of a great question of public morality?
That does not arise out of the Answer to the Question on the Paper.
I beg to ask the Prime Minister whether Mr. Bucknill, on behalf of the Government, gave assurances to any persons that the information supplied by them to him in the course of his inquiry into the condition of morality among the Chinese labourers in the Transvaal should be treated as confidential; and if so, whether the Government will publish such parts of the evidence and Report as are not covered by these assurances.
As I informed the hon. Member for the Henley Division of Oxford on Wednesday last, no publication will be made of this Report or of any part of it.
asked whether assurances were given.
Yes; I believe some assurances were given.
inquired whether Mr. Bucknill had the authority of the Government beforehand to give these assurances.
Mr. Bucknill was appointed by the Transvaal Government, and I presume that any act of his was within the scope of his authority, and that his only object was to secure the complete truth.
Central African Labour In The Transvaal Mines
I beg to ask the Under-Secretary of State for the Colonies whether his attention has been called to a statement in the last Report on the British Central Africa Protectorate to the effect that, after strict medical examination, 1,714 natives of British Central Africa were despatched to Johannesburg; that 165 of these men were rejected as unsuitable after further medical examination, or fell out for other causes; that, out of the remaining 1,549 who arrived at Johannesburg, 119 died in a period considerably less than twelve months; and whether, in view of this mortality, His Majesty's Government will either forbid any further recruiting in British Central Africa for work in the Transvaal mines, or insist on greater precautions being taken by the mine owners for the preservation of the health of their employees.
I have seen the statements referred to. The Secretary of State has, after full consideration, finally decided that further recruiting from the districts of the British Central Africa Protectorate which shows the highest rate of mortality should be forbidden, and also that no recruiting shall take place for underground work in the mines; but, subject to these and other conditions, he has sanctioned, as a further experiment during the present season, the recruitment of a certain number for surface work only. Up to 500 will be permitted to be recruited for surface work on the Premier Diamond Mine, and up to 500 for surface work on the gold mines.
Is it not the fact that even when working upon the surface these natives suffer a high mortality, and will not the Government absolutely prohibit the recruiting for the mines from British Central Africa?
It is quito certain that a number of these natives will in any case find their way into the mines. The whole question was most carefully considered during last year, and the decision we arrived at was that, for surface work only, and in districts where the mortality was not unduly high, there should be a certain amount of recruitment.
But immediately on arrival is there not at once pulmonary complaint and disease and death amongst these natives? In view of that, will not the Government reconsider the position it has taken up and forbid all recruiting of Central Africa natives?
Might I ask the hon. Gentleman to answer the last paragraph of my Question?
We are insisting upon the fulfilment of a most elaborate scheme of reforms in the interest of the health of these natives.
Is it not solely a question of climate?
No, Sir, some of the natives appear to do well.
Number Of Chinese In South African Mines
I beg to ask the Under-Secretary of State for the Colonies whether he can state th6 exact number of Chinese employed in the mines in South Africa at the end of November of last year and the number employed at the present time.
The number of men employed on 30th November 1905, was 45,856. The number employed on 30th September (the latest date for which I have official figures) was 53,430.
Management Of Band Mines—Chinese Complaints
I beg to ask the Under-Secretary of State for the Colonies with reference to the alteration in practice under which Chinese labourers in the Rand mines are now required to address their complaints in the first instance to the manager of the mine, whether his attention has been called to the statement in the letter of Mr. Jamieson, superintendent of foreign labour, dated 4th September, 1905, that the interests of justice would not be served were the Chinese labourers' opportunities of obtaining redress, in the first instance, limited to an appeal to the mine manager; whether Mr. Jamieson was consulted before the change was made; whether the Special Committee on the Control of Chinese Labourers, which reported so recently as the 2nd May last, recommended that this change should be made; whether the Special Committee had before them Major Bagot's memorandum, which strongly objected to the then existing practice; whether the Labour Ordinance and especially Regulation 41, has been in any way altered; and whether the Government propose to acquiesce in the change of practice.
The letter of Mr. Jameson of 4th December, to which the hon. Member refers, was alluded to by me in my previous Answer to the hon. Member on Monday last,† and I am not aware that the statement quoted conflicts with the existing practice in accordance with which the labourers are at liberty to make use of locked petition boxes for their complaints. The special Committee made no actual recommendation on the subject, but commented on the fact that on some of the mines the complaints and grievances of the labourers are not received and given heed to by the management, and implied that the management in such mines was remiss in the matter. It is not clear to the Secretary of State that there has been anything amounting to a change of practice, and the action of the mine manager appears to be really a facility in addition to and not in substitution for that of the inspector. The Secretary of State has no reason to suppose that the existing practice invalidates or derogates from the right of the labourer under Regulation 41 to obtain a permit for the purpose of making a complaint to the superintendent. If the hon. Member has any specific information on which he founds his Question, and will furnish me
with it, the Secretary of State will make further inquiry into the matter.† See (4) Debates, clxiv., 1042.
The New Hebrides
I beg to ask the Prime Minister whether the Commonwealth Government will have a consultative voice in the appointment of new officials contemplated by the Anglo-French agreement with respect to the New Hebrides.
If the Commonwealth Government desire to recommend any candidates for appointment to any of the new offices to be created in the New Hebrides, such recommendations will, of course, be carefully considered by the Secretary of State.
Will the Commonwealth Government be called into consultation before any appointments are made?
was understood to answer that their views would receive consideration.
Gambling In The Malay States
I beg to ask the Undersecretary of State for the Colonies whether the revenues of the Government of the Federated Malay States are partially derived from the profits of the gambling houses there carried on under Government licences; and, if so, whether there is any other part of the King's dominions in which a like state of things exists.
The Answer to the first part of the Question is in the affirmative. So far as I am informed no similar system exists in His Majesty's dominions. The Federated Malay States, as my hon. friend is no doubt aware, are native States under our protection.
Ceylon Company Of Pearl Fishers
I beg to ask the Undersecretary of State for the Colonies whether the Ceylon Company of Pearl Fishers, Limited, has furnished the Colonial Office with its statements of account for its first financial year, namely, from 3rd March 1906 to 30th June last, being 119 days, for which period a dividend of 9d. was declared on the Is. shares; and whether, having regard to the statements of Sir Joseph West Ridge-way, as chairman, at the annual meeting on the 6th November, as to higher dividends being distributed in future years, he will state if the contract with the Ceylon Government contains any provision for profits above a stipulated maximum being shared with the Colony.
Copies of the Director's Report have been furnished to the Colonial Office. The Answer to the second Question is in the negative.
Turkish Customs
I beg to ask the Secretary of State for Foreign Affairs whether His Majesty's Government, before ratifying any agreement with the Porte for an increase in the Turkish Customs duties, would give a day for a discussion on the subject in the House; and when they would lay upon the Table Papers dealing with the subject.
When a decision has been reached upon the subject in question, Papers will be laid. But they cannot be laid while negotiations are still in progress. After a decision has been come to, it will of course be possible to discuss it on any of the usual opportunities. But the matter is not one which would require ratification.
Macedonia
I beg to ask the Secretary of State for Foreign Affairs whether His Majesty's Government, before agreeing to an increase in the duties levied upon British and Indian goods imported into Turkey, in order that such increased revenue may be devoted to the better administration of Macedonia, will take steps to ensure that the revenues at present employed by the Turkish Government to defray expenditure in Macedonia are not to be diverted to other objects, so as to liberate funds for purposes in no way connected with the better government of Macedonia, or with any British interest.
The expenditure in Macedonia is already considerably in excess of the revenues which are available, consequently His Majesty's Government see no reason to anticipate that the proposed increase of the Turkish Customs duties will set free for other purposes revenues at present employed to defray expenditure in Macedonia.
Board Of Trade Tapeholders
I beg to ask the President of the Board of Trade whether he is aware that the shipwrights employed by the Board of Trade as tapeholders, at a weekly wage of 27s., do not become eligible to receive pension in their old age; and whether he can state on what grounds this particular class of public servant is excluded from a benefit so generally extended to those who grow old in the service of the State.
The weekly wage of the Board of Trade tapeholders rises to 28s, and uniform is provided. These men are engaged on the distinct understanding that they are not entitled to a pension, and their wages are fixed accordingly. Non-pensionable employment under the State is by no means so rare as my hon. friend appears to think.
If it is a necessary qualification for these men that they should be shipwrights, will the right hon. Gentleman see that they are paid the wages current in that industry?
I will look into that matter.
Port Of Boston By-Laws
I beg to ask the President of the Board of Trade whether he is aware that the Pilot Commissioners for the port of Boston have passed a resolution, by a majority of three, proposing to alter the pilotage by-laws so as to enable them to reduce the earnings of the pilots to an unlimited extent, the proposed new by-law giving the Commissioners absolute power from time to time to make reductions of such amount as they may decide in the rates payable by steamers trading to the port twelve-times a year, or such other number of times as the Commissioners may fix; and whether, seeing that this is an entirely new departure as regards pilotage rates, and in view of the fact that the labour and responsibility are the same on all occasions when a pilot is performing his duties, the Board of Trade will veto the application made by the Boston Pilot Trust for an Order in Council to approve such proposed new by-law.
The Boston Pilot Commissioners have applied for an Order in Council to confirm a new bylaw they have recently made amending the existing by-law which deals with the rates of pilotage at that port and the Board of Trade have given directions for the application to be advertised. Any objections that may be received will be carefully considered before any decision is come to as to the submission of the by-law to His Majesty for confirmation. I cannot say by what majority the new by-law was passed, but the Commissioners have authority under Section 582 (6) of the Merchant Shipping Act, 189 4, to make by-laws altering the mode of remuneration of pilots in such manner as they think fit, such by-laws being subject to confirmation by Order in Council.
Will the right hon. Gentleman give his serious attention to the dangerous precedent thus being set not only in Boston but in all parts of the United Kingdom?
Any objections received will, of course, be considered by the Board of Trade.
School Children And The Union Jack
I beg to ask the President of the Board of Education if he is aware that by the federal laws of the Republics of the United States and France respect for the national flag is taught to every elementary scholar by the compulsory hoisting of the national emblem over, or in front of, every schoolhouse, receiving State aid; and if, having regard to the adoption of this regulation by the Premier and Government of Greater Britain in Manitoba, he will cause such a provision to be added to the Education Bill now before Parliament with respect to the Union Jack bearing the crosses of St. George, St. Andrew, and St. Patrick.
With all respect to the Governments of the United States, of France, and of the province of Manitoba, who doubtless are the best judges of what is desirable for their respective countries, I do not think that the patriotism of England and Wales needs to be manufactured nor would be promoted by the compulsory imposition of any particular ritual in connection with flag waving at all State-aided schools, as proposed by the hon. and gallant Member. Any such plan is within the competency of all local education authorities wherever and in so far as they may think it desirable, and I am not prepared to suggest putting an obligation on them in this respect by special legislation.
Will the right hon. Gentleman accept an Amendment to the Education Bill when it conies back?
[No Answer was returned.]
Rifle Clubs For School Boys
I beg to ask the President of the Board of Education if his attention has been directed to the excellent results to character, intelligence, and physique attending the rifle exercises of the shooting club of the London School Guild organised by Dr. R. J. E. Hanson; and if, having regard to the rapid extension of the cadet movement in Canada and Australia, in Natal and New Zealand, as also in America, he will enable the British boys to keep pace with their comrades in the Colonies by authorising the formation of such clubs in the schools under his control, subject always to the written consent of the father or mother to their sons learning the use of the miniature rifle and to shoot under proper supervision at the range for badges and prizes.
As regards the teaching of rifle shooting during school hours at our public elementary schools, and as an integral part of the public elementary school curriculum, I have nothing to add to the very full Answer which I gave on the subject on October 29th last.† My attention has been drawn to the school guild referred to in the Question; but, so far as I understand,
the shooting clubs which it organises operate wholly outside school hours and are not part of the public elementary schools as such at all. The formation of such clubs needs no authorisation from me, as the Question of the hon. Member would seem to suggest: and as this is a free country, such fathers and mothers as desire it are quite free to permit their boys to join such clubs and to take part in all such activities as these clubs may organise in the direction referred to in the Question, provided it does not trench upon school hours. These are already all too short to secure that general education which is now the birthright of every British boy.† See (4) Debates, clxiii., 705–707.
May I ask the right hon Gentleman whether he is aware that 97 per cent, of the schools in the London School Guild gave their consent most readily?
Then I do not see what the hon. Gentleman is complaining of.
IS the right hon. Gentleman aware that Irish boys are not allowed to be trained in rifle shooting, in a free country, with equal laws?
England and Wales are quite enough for me.
And Ireland is enough for us.
Five Year-Old School Children
I beg to ask the President of the Board of Education whether his attention has been drawn to the opinion of the Inter - Departmental Committee on Physical Deterioration that the attendance of children under five years of age at school should be discouraged, and whether, in view of this recommendation, he will reconsider his decision and reissue last year's letter of the Board of Education refusing to pay grants for children under five years of age attending public elementary schools.
I have nothing to add to the Answer which I gave to a similar Question asked by the hon. Member for Preston on October 29th,‡
and I am not prepared to re-consider the question of withdrawing grants in respect of children under five years of age attending public elementary schools.‡ See (4) Debates, clxiii., 703–704,
Is the right hon. Gentleman willing to give a Return showing how much of the Parliamentary Grant is paid in respect of children under five?
I will consider that.
Board Of Agriculture Inspectors And The Welsh Language
I beg to ask the hon. Member for South Somerset, as representing the President of the Board of Agriculture, whether the Government inspector, recently sent to Montgomeryshire to report upon sheep dipping, was acquainted with Welsh, in many cases the sole, and in most cases the chief, language of the hill farmers.
The inspector to whom my hon. friend refers is not acquainted with the Welsh language, but he informs me that no difficulty arose in consequence. Our inspectors are always able to rely on the assistance of the local police, and it is only in exceptional cases that persons with whom they are brought in contact are unable to speak or understand English.
West Biding Judgment Appeal
I beg to ask Mr. Attorney-General if he can state when the case of Rex v. West Riding of Yorkshire is likely to come before the House of Lords.
said application would, he understood, be made to the House of Lords next week to fix a day for the hearing of the appeal, "Rex v. West Riding of Yorkshire." He could not say approximately when the appeal would be taken. That was the matter which the House of Lords would have to consider.
Small Debt Collections
I beg to ask Mr. Attorney-General whether the attention of the Lord Chancellor has been drawn by responsible persons to the fact that at Bow County Court alone over 1,000 summonses had been proved during the present year by a debt collector, most of the debts being too small to render it worth the creditor's while to attend in person, or to employ a solicitor; and will the influence of the law officers be exerted to prevent committals to prison in such cases.
The matter has been brought under the notice of the Lord Chancellor and will receive his attention.
Local Taxation Accounts
I beg to ask the Secretary to the Treasury in what proportions the sum of –9,901,290, amount of public revenue (1905–6), not paid into His Majesty's Exchequer (vide Parliamentary Paper, No. 334, session 1906) is paid to the Local Taxation Accounts of England, Scotland, and Ireland respectively.
The hon. Member will find the Answer to his Question on page 107 of the Current Finance Accounts, viz., England, –8,480,644 10s. 6d.; Scotland, –1,034,267 13s. 1d.; Ireland, –386,377 18s. 9d. The hon. Member will also observe that, as shewn on the same page, the chief payments to the Local Taxaton (Ireland) Account are made out of the Consolidated Fund, and not out of the assigned revenues referred to in the Return which he quotes.
Aignish Crofter Settlement
On be half of the hon. Member for Ross and Cromarty, I beg to ask the Secretary for Scotland, seeing that the plans and specifications for the thirty-two houses forming the Congested Districts Board's crofter settlement at Aignish, Island of Lewis, make no provision for conveniences, will he state whether the Board have yet considered the expediency of having conveniences provided for these houses.
I have nothing to add to the reply given to the hon. Member on the 5th November.†
† See (4) Debates, clxiii. 133.
Barlinnie Prison, Glasgow
I beg to ask the Secretary for Scotland whether he is aware that between 4th September and 10th October (both inclusive) there were on twenty occasions more prisioners in Barlinnie Prison, Glasgow, than there are cells, thus necessitating overcrowding in that prison; and whether, seeing that overcrowding is a criminal offence in Glasgow, he will on that account see that in future any overcrowding that is necessary is done in Perth Prison instead, to which prison, the regulations state, any excess of prisoners ought to be removed.
The fact is as stated, but it should be added that some of the cells are "association cells" and that there is a large hospital ward which was more or less fully occupied during the period referred to. The Prison Commissioners are unaware that there is any regulation stating that excess of prisoners in Barlinnie Prison should be moved to Perth Prison in particular, but, as a matter of fact, 749 prisoners have been transferred to Perth Prison this year already from Glasgow and Edinburgh.
Trawling In Broad Bay
On behalf of the hon. Member for Ross and Cromarty, I beg to ask the Secretary for Scotland, in view of the fact that a number of trawlers were recently seen at work in Broad Bay, will he state the name of the Scottish Fishery Board cruiser detailed to protect the district from the depredations of illegal trawling; and why she allows illegal trawling to be practised with impunity in the bay, especially during Saturday and Sunday nights.
The last information received by the Fishery Board as to alleged illegal trawling in Broad Bay was on 1st August. The north-western coast of Scotland is patrolled by different cruisers; the exigencies of the marine service determining what particular cruiser shall be detailed for the duty. Illegal trawling, when detected and proved, is punished.
Fishery Protection On The Sutherlandshire Coast
I beg to ask the Secretary for Scotland whether he will produce for inspection the log-books of the fishery cruisers which are supposed to patrol the sea on the Sutherlandshire coasts to prevent illegal trawling, so that Members of this House may see how their duties are carried out.
No, Sir. But I shall be glad to consider any complaint which my hon. friend lays before me.
Why cannot we see the log-books?
If the hon. Member has any charge to lay with regard to the administration of the Fishery Board perhaps he will make it to me. I am responsible to the House in the matter.
I cannot do that until I see the log-books.
Ardarroch Pier
On behalf of the hon. Member for Ross and Cromarty, I beg to ask the Secretary for Scotland if he will state whether the Fishery Board have yet received an application for a grant towards the cost of a pier at Ardarroch, Kishorn, Ross-shire; and, if so, have the Board yet considered the application.
The Board have not yet received such an application.
Failure Of The Boss-Shire Herring Fishery
On behalf of the hon. Member for Ross and Cromarty, I beg to ask the Secretary for Scotland if he will state how much of the.–200,000 provided for the purposes of the Unemployed Workmen Act in the United Kingdom, has been allocated to Scotland; and, in view of the failure of the herring fishing in the Island of Lewis and the western mainland of Ross-shire, will he state whether the Ross and Cromarty County Council have yet taken action under the terms of the Act.
I am not yet in a position to state what sum will be allocated to Scotland. The Ross-shire County Council have not so far taken action under the Act.
Murray's Close, Stornoway
On behalf of the hon. Member for Ross and Cromarty, I beg to ask the Secretary for Scotland if he will state how may paupers are lodged in the insanitary slum property known as Murray's Close, Stornoway.
The following is a Report from the sanitary authority received on Saturday: "The sanitary inspector has visited Murray's Close or Court, Stornoway, regularly twice a week since his appointment last Juno, and also to-day and considers all dwellings in it quite sanitary, but would suggest that stable at top of court be closed." The number of paupers who reside there is three.
Stornoway Inspector Of The Poor
On behalf of the hon. Member for Ross and Cromarty, I beg to ask the Secretary for Scotland if he will state why the inspector of the poor for the Stornoway parish fails to call on paupers periodically in accordance with the terms of the regulations.
I am not aware that there is any such failure of duty on the part of the inspector as is alleged by the hon. Member; should any specific cases be brought under the notice of the Local Government Board they will make inquiries into them. At present, however, the inspector is in ill-health and has had temporary leave of absence, satisfactory arrangements having been made for the discharge of his duties.
Lighthouse Keepers And Illegal Trawling
I beg to ask the Secretary for Scotland whether he will arrange that lighthouse keepers who have been instructed to take the numbers of trawlers engaged in illegal trawling, shall be allowed to attend and give evidence at the trial or trials of the offenders whose numbers they have taken; will he state why the "Northern Lights Commissioners refuse to allow the light keepers to give evidence; and will he explain why the numbers are taken if the important (and often only) evidence is kept from the court at the trial.
Such arrangements as my hon. friend desires, so far as con- sistent with the efficiency of the lighthouse service, have already been made by the Northern Lights Commissioners and the help of their staff is given subject to conditions necessary in the interest of that service, viz., that not more than one keeper of a lighthouse shall be absent at any one time—and in the case of certain remote stations, from which an absence of at least five nights would be entailed, keepers shall not be called upon to leave their stations and give evidence in court.
But will keepers which take the numbers of the trawlers be allowed to give evidence?
Yes, if the conditions are favourable to their getting away.
Scottish Law Courts
I beg to ask the First Commissioner of Works whether he has, as promised, visited the Scottish Law Courts in Edinburgh; and whether he is now prepared to recommend such alterations as will remedy their present unsatisfactory condition.
The First Commissioner paid his promised visit to the Scottish Law Courts during the recess, and hopes to be able in due course to propose a plan which shall be found adequate and satisfactory.
Will the First Commissioner submit any new plans to the Faculty of Advocates before coming to a final decision?
This matter is having the personal attention of my right hon. friend, and I am sure any matters which may be represented to him will receive every consideration.
Untenanted Land In Westmeath
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that on the distribution of certain untenanted land in Westmeath, the Estates Commissioners gave the largest parcel of it to a herd, who, instead of making it a residential holding, let it to a grazier and went to practice herding elsewhere, and that the annuities are being paid with the grazier's money through the hands of this herd; whether the Commissioners now propose to give the largest parcel, seventy-five acres, on another estate to another herd to be worked and paid for in like manner; and whether, in view of the intentions of Parliament and of the present Government, the number of people in real need of residential holdings, and the difficulty of finding sufficient land for them, he will have effective measures promptly taken to prevent such disposal of untenanted land.
The Estates Commissioners understand that the first part of the Question refers to the Maher estate, county Westmeath, the largest parcel upon which was, they inform me, sold to a man named Gilsenan. The Commissioners are not aware whether this man is residing on the holding, or with what moneys the annuity is paid. The second part of the Question is understood to refer to the Rotherham estate, county Meath. The Commissioners have not yet acquired this property, or selected the purchasers for parcels of it. The question of purchase is under the Commissioners' consideration. I cannot within the limits of an Answer discuss the powers of the Commissioners in relation to the sale and purchase of untenanted land nor the difficulties which surround them, but everyone knows that they endeavour to turn their powers to account for the purpose of obtaining untenanted land for distribution.
Kanturk Cabinet Industry
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Department of Agriculture and Technical Instruction has received a communication from the Kanturk United Trades and Industrial Association, asking for the help and co-operation of the Department towards the formation of the cabinet-industry in the district, by supplying plant and competent instructors; is the Department aware that a representative public meeting in favour of the project was held in Kanturk on the 1st instant; and whether, in view of the promised local co-operation and the need for increased employment in the locality, the Department will favourably consider the application.
The reply to the earlier part of the Question is in the affirmative. The Department of Agriculture and Technical Instruction will carefully consider any proposals which may be submitted through the Technical Instruction Committee of the county of Cork with a view to making provision under the county scheme for instruction in cabinet-making at Kanturk, but the Department are unable to make a direct grant for the purpose in question.
Then in the first place, application must be made to the county committee?
Yes, that is so.
Untenanted Lands And Allotments
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether when a district council has acquired untenanted land for the purpose of the Labourers Acts, it may, while employment is irregular, pending the breaking up of large grass tracts into residential farms, let portions of such land temporarily, at the discretion of the council, to occupiers of cottages for tillage purposes in addition to that permanently attached to the cottages; and, if so, will councils be informed that this may be done.
I presume that the Question relates to cases in which district councils may obtain advances from the Irish Land Commission for the purchase of lands to be held by them as trustees for the purposes of the Labourers Acts. I am informed that no case of this kind has yet arisen, but when it does, arrangements will, no doubt, be made for applying to the best advantage the land so held pending its being regularly allocated or partitioned out for cottages and allotments or allotments only, as the case may be, under the Labourers Acts. If there are labourers in any such locality who have not already been provided with cottages or plots under the Labourers Acts, it seems to the Local Government Board to be desirable that they should have the preference in the matter of the temporary use of the lands rather than occupiers of cottages so provided. The Local Government Board do not consider it necessary to address the councils on the subject, but each case will be considered as it arises.
Then the Local Government Board would not regard the temporary letting as illegal?
No: but we think those who have land are less entitled to the privilege than those who have none.
Provision For Evicted Tenants
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland, have the Estates Commissioners, in view of the difficulty of acquiring untenanted land and the urgent need of it for the use of evicted tenants and relief of congestion, invited all appearing on the Parliamentary Return as owners of untenanted and non-residential land to enter into negotiations for the sale of it; if so, what was the date of the communication; what is the aggregate quantity of untenanted land with reference to the sale of which favourable replies have been received by the Commissioners; and, in view of the inadequacy of that quantity and the continued hardship to the persons and families in need, what special action, if any, does he propose to take to prevent another letting of untenanted land for eleven months and bring it into the market within the current six months.
The Estates Commissioners inform me that they are at present conducting inquiries with a view to procuring untenanted land suitable for the reinstatement of evicted tenants and for other purposes, but they are not yet in a position to state the result of their inquiries. As to the acquisition of land for the relief of congestion, I would remind the hon. Member that a Royal Commission is at present sitting with the main object of inquiring into this precise question.
Company-Owned Estates
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland if he is aware of the number of estates in Ireland which have partially lost the character of private property by ceasing to be the property of individual owners and becoming that of insurance companies, or other groups or bodies of non-resident speculators, with no interest in the tenants beyond the amount of money to be extracted from them; and if he contemplates the early provision of any special method, administrative or legislative, for bringing such property into the market for the benefit of the people on it and of the country generally.
The Estates Commissioners inform me that they have no knowledge of the number of estates which belong to the classes of owners mentioned in the Question, and have no reason to believe that such owners are less willing to sell than other owners. As regards possible future legislation, I can make no statement at present.
Royal Irish Constabulary—Promotion For Secret Service
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland, is promotion for secret services still practised in the Royal Irish Constabulary Force; for what services has Constable Scott, of Mullingar, been promoted in preference to many senior constables of better record; is he aware that the magistrates acting in the district have always felt obliged to disregard Scott s evidence, frequently reprimanded Scott from the bench for attempting to mislead them, that within a month preceding the promotion they required the county inspector to attend in the magistrates' room to hear and convey to Scott the dissatisfaction of the magistrates, and that the magistrates regard the promotion as an insult to themselves; is he aware that County Inspector Ruthven did not report these facts to the Inspector-General, but suppressed them and obtained Scott's promotion immediately before retiring himself on pension; will the opinion of the magistrates and of the present county and district inspectors regarding this promotion be ascertained; and will Ruthven's Report, Ruthven's pension, and Scott's promotion be reconsidered.
I am informed by the Inspector-General that Constable Scott was not promoted for secret services. He was promoted to the rank of acting sergeant by the Inspector-General in the ordinary way, as being the senior of the constables recommended by the local officers for promotion. The constable has had nearly twenty-one years' service, and has a clear record. It is, I am informed, not the case that the constable has been reprimanded by the magistrates, or that the magistrates have conveyed to the county inspector their dissatisfaction with Scott. County Inspector Ruthven had retired from the force before the promotion of Scott took place. His present county inspector and district inspector have expressed their concurrence as to his fitness for promotion, and the Inspector-General understands that there is no foundation for the suggestion that the magistrates generally are dissatisfied with the promotion. The Inspector-General sees no reason for reconsidering the question of the constable's promotion.
IS the right hon. Gentleman aware that three of the magistrates who inquired into the conduct of this man are prepared to give their opinion of him if asked to do so?
I have not heard that even if it be so.
Limerick Conservators' Auditors
I beg to ask the Chief Secretary to the Lord - Lieu tenant of Ireland whether he is aware that the auditors appointed by the Limerick Board of Conservators are members of that Board; and what action, if any, is intended to be taken with a view to securing a real check on the working of the Board, or the way in which the money is spent.
I am informed that the present auditor of the accounts of the Limerick Board of Conservators is not, and never has been, a member of that Board. The Department of Agriculture have no reason to suppose that the audit is not satisfactorily performed.
Who is the auditor?
I believe it is Mr. H. J. Greenane.
Irish Teachers' Grievance
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether his attention has been directed to the series of great meetings which have recently been held in Ireland in connection with the grievances of the teachers in Irish primary schools, the withdrawal of the fees for Irish as an extra subject, and generally with the irresponsible and unpopular body now controlling primary education in Ireland; and, if so, what steps the Government propose to take to meet the demands formulated at these meetings.
The attention of the Irish Government has been called to the meetings referred to in the Question. I have repeatedly stated that the whole condition of primary education in Ireland is, in my opinion, far from satisfactory, but I cannot at this moment state the measures that are required to cure its deficiencies. These would require great consideration. Some of them would excite great differences of opinion in Ireland itself, and with the difficulties of dealing in this House with matters which excite such differences long experience has made us familiar.
Has the right hon. Gentleman considered the question of the teachers' salaries, and whether provision in the Estimates of next year to increase the teachers' salaries to a living wage would cause any difference of opinion in Ireland?
No, Sir. I think that is a point upon which general agreement would probably exist. That question is being considered, and we are expecting proposals from the National Board on the subject.
Coalisland Assault
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland it his attention has been called to the fact that at the recent Dungannon petty sessions John Cardwell, a member of an Orange drumming party, was charged with assaulting Constable Samuel Bell, of the Royal Irish Constabulary, Coalisland, in the execution of his duty on 14th October, and that the defendant was fined 5s. and costs; is he aware that the chairman of the bench stated that the constable should be reported for pressing the case; and whether he will make, inquiries as to the action of the chairman in connection with this case.
I am informed by the police authorities that the fact is as stated in the first part of the Question. It is, however, not the fact that the chairman of the bench stated that the constable should be reported for pressing the case.
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland if his attention has been called to the fact that on the night of 3rd November an Orange drumming party from Killyman paraded the town of Coalisland, county Tyrone, and attacked Mr. James Harkin, K.D.C., who was rendered unconscious with the result that three of his teeth were loosened, his lips severely cut, and he has since been confined to bed; is he aware that no arrests have been made of any of the members of this party who took part in the attack and created a disturbance by using party cries; is he further aware that last year Mr. Harkin's premises were wrecked by an Orange mob and his wife received such injuries and shock that she died a short time afterwards, and that the Orangemen have threatened to do Mr. Harkin violence; that on 29th July last Father MacBride, C.C. Pomeroy, was attacked by an Orange mob while driving through New Mills and stoned for a considerable distance, his trap being injured, and two gentlemen who wore cycling with him were also stoned; that Father MacBride and Mr. Falls were awarded damages for criminal injury to their car and bicycle, respectively, at the recent Dungannon quarter sessions; is he aware that crowds of Orange rowdies are allowed to congregate both in Coalisland and New Mills and that no attempt is made by the police to disperse them; and will he state what action he intends to take in the matter.
Is the right hon. Gentleman aware that this loyal Orange band had left Coalisland half an hour before this occurrence, and that the injuries were inflicted on this unfortunate man by Nationalist rowdies who were the worse for drink?
I do not know whether the Orange band is loyal or not. I am informed by the police authorities that on the night of 3rd November an Orange drumming party from the Bush, not Killyman, visited Coalisland, but did not parade the town. Mr. Harkin reported that on that evening he was assaulted at his back gate by five or six men who proclaimed themselves as Killyman heroes. Mr. Harkin believes that he would be able to identify his assailants, but the police have not so far succeeded in procuring information which would justify them in making arrests. It is, I am informed, hardly correct to say that Mr. Harkin's premises were wrecked last year. On 3rd July, 1905, several panes of glass were broken in his licensed promises, and Mrs. Harkin, who was ill at the time, died shortly afterwards. It is the fact that on 29th July the Rev. Mr. MacBride and others were attacked with stones when passing through New Mills, and that Father MacBride and Mr. Falls were awarded compensation as stated. As regards the concluding inquiry of the Question, I am informed that the local police use their best endeavours to preserve the peace between the rival parties in the neighbourhood of Coalisland where, unfortunately, party feeling is rather accentuated. There is, I am informed, no foundation for the suggestion that one party, rather than the other, is favoured by the police. the Irish Government is watchful to secure the absolute impartiality of the police.
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he has any police report showing that James Harkin, who was attached on the 3rd November in Coalisland, county Tyrone, owes his injuries to a party of Nationalist rowdies who were the worse for drink.
I have no report that goes to show this was the case.
Was the information supplied to the right hon. Gentleman by the police sergeant of the district?
The information was sent me from Dublin.
Has the right hon. Gentleman any reason to believe that the assault was committed by the Orange drumming party?
I have told the House all I know.
And that is nothing.
Ussher Evicted Tenant
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Estates Commissioners have yet considered the application for the reinstatement of Mrs. Alice Crotty, a tenant evicted from the Ussher estate, county Waterford, whose holding is in the possession of Mr. Ussher; whether Mr. Ussher has applied for an advance to enable him to sell to his existing tenants; and whether a resolution of the Dungarvan Board of Guardians with reference to this case has come under the notice of the Estates Commissioners.
The Estates Commissioners inform mo that their inspector's Report on Mrs. Crotty's application has now been received, but they have not yet had time to consider what action, if any, they may take upon it. The Commissioners have received an originating application in respect of the sale of the estate of Mr. R. Ussher, and have also received the resolution of the Dungarvan Board of Guardians referred to, which will be duly considered when the Commissioners are dealing with the estate.
Woodroofe Estate, Waterford
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Estates Commissioners have yet made an offer for the purchase of the untenanted lands on the Woodroofe Estate, county Waterford; and, if so, whether the same has been accepted.
The Estate Commissioners inform mo that on 31st October they issued a request to the Land Judge under Section 7 of the Act in regard to the Woodroofe Estate. The prescribed documents have not yet been lodged, and until this has been done, and the estate has been inspected, the Commissioners will not be in a position to make an offer for purchase.
Mr P J Kelly, Jp
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he has received the Lord Chancellor's observations upon the fact that, on the 12th October, Mr. P. J. Kelly, while adjudicating on the bench at the Loughrea petty sessions, publicly expressed approval of seditious statements made by a person charged with disorderly conduct at Gortymadden; whether the Lord Chancellor has expressed disapproval of Mr. Kelly's statement about grabbers, police, and the British Government; and whether Mr. Kelly has been called upon to withdraw the statement, or resign his seat on the bench.
May I draw attention to the form of this Question, and point out that it is not in accordance with the Rules of the House for framing questions. The expression "seditious statements" is used, and that is a matter of opinion which should not be incorporated in a Question.
Until I know what the statements are I cannot say whether they are seditious.
The Lord Chancellor informs me that the incident referred to in the Question was brought to his notice at the time of its occurrence, and that he dealt with it by conveying to Mr. Kelly his strong disapproval of what had occurred, together with his grave censure and warning in respect of it.
Gortnahoe Evicted Tenant
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that Colonel Hutchinson Poe, who signed the recent Report of the reassembled Land Conference, with regard to the evicted tenants, is the agent for his brother, Admiral Poe, who is the landlord of the evicted farm of Kyran McDonnell, near Gortnahoe, county Tipperary, in which there is a new tenant; whether Philip McDonnell, the son of the evicted tenant, has applied to the restates Commissioners for re-instatement; and whether Colonel Poe has made any effort to secure by conciliatory negotiations the surrender of the farm by the grabber and the restoration of Philip McDonnell.
The Estates Commissioners inform me that they have Received from Philip McDonnel an application for reinstatement in a holding on the estate of Admiral Poe, from which his father, Kyran McDonnell, was evicted. The documents referring to the case are at present in the hands of an inspector who has been directed to inquire into the matter, and until the Commissioners have received his report they are unable to give the further information asked for in the Question.
Irish Railway And Canal Administration
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he has received a resolution from the Irish Flour Millers' Association, Dublin, drawing attention to the unsatisfactory administration of Irish railways and canals, and the consequent set-back to industrial enterprise; will the matter have his attention; and will he impress upon the various Royal and other Commissions at present investigating these questions the urgency of preserving and encouraging Irish industries.
I have received the resolution referred to, and I am informed that copies have also been sent to the Royal Commission on Canals and the Viceregal Commission on Irish Railways, The Royal Commission has recently held sittings in Ireland, and I know that the members of both Commissions are fully alive to the importance of securing for the development of Irish industries all the help that improved methods of transporation can give.
Land Commission—Sporting Rights
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland if he can state whether the necessary regulations have yet been made by the Lord Lieutenant for administering Section 13 of 3 Edward 7, c. 37.
Regulations dealing with sporting rights vested in the Land Commission, in pursuance of Section 13, sub-section (1), of the Land Act, 1903, have not yet been made by the Lord-Lieutenant. Draft regulations have, however, boon prepared, and are now under consideration.
Rosgarland Evicted Tenants
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that Patrick and Mrs. Golfer, evicted tenants belonging to the Rosgarland estate, have made application to the Estates Commissioners for restoration to their home; whether the inspector has j reported on their case; and if he will state the nature of the Report.
The Estates Commissioners inform me that Patrick Colfer has lodged with them an application for reinstatement as an evicted tenant. The case has been referred to an inspector for inquiry, but his Report has not yet been received.
Untenanted Land Return
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland if he can state when the Return of untenanted land, presented to the House last July, will be ready for distribution.
The issue of Parliamentary Returns does not fall within my province. I have, however, made inquiries and am informed that the Return in question will be ready for distribution by the end of this week. The Return is a very voluminous one.
Gurteeny, Galway, Outrage
I beg to ask the Chief Secretary to the Lord - Lieutenant of Ireland whether he is aware that, on the night of 18th October, 1906, the house of a man named Michael Tuohy, of Gurteeny, near Woodford, county Galway, was fired into; that the shot passed through the window of the room in which Tuohy was sleeping, and the broken glass thrown on his bed; that the pillow was punctured with pellets, and the wall at the side of the bed pitted with the shot; and whether the police have made any arrests in connection with the matter.
I am informed by the police authorities that a man has been arrested and returned for trial upon the charge of firing into the house of Michael Tuohy on the occasion mentioned. It would be undesirable to enter into the details of the alleged offence while the matter is sub judice.
Ahascragh (Galway) Outrage
I beg to ask the Chief Secretary to the Lord-Lieu- tenant of Ireland whether he is aware that on the night of 24th October last a bullock belonging to James Fallon of Shraloughtra, a grass farm near Ahascragh, county Galway, was mutilated by the flesh being torn off its ribs by some blunt instrument, so that the ribs were exposed, and that Fallon and two other men had taken this grass farm against the wishes of the United Irish League; and will he say what the police report to have been the reason of the outrage, and what arrests have been made in connection with the matter.
I am informed by the police authorities that the fact is substantially as stated in the first part of the Question. The Inspector-General is not aware that Fallon has been interfered with in respect of his taking the grazing land. Fallen has lodged a claim for compensation which has not yet come on for hearing, and, apart from this fact, it would not be in accordance with practice or desirable to state what the opinions of the police may be as to the motives for the offence, assuming one to have been committed. No arrests have yet been made.
Newcastle (Limerick) Postal Arrangements
I beg to ask the Postmaster-General if he can say why the local postal authorities in Newcastle West, in the county of Limerick, have discontinued the practice of leaving the letters addressed to the clerk of the union at his office there and the master of the workhouse in the letter boxes placed in the porter's hall by the district council and board of guardians for that purpose; is he aware that the letters are now left with the porter instead and in his absence are placed in his desk, which is an unsatisfactory arrangement; and whether, on this account, he will take steps to see that the postman leaves the letters in the boxes for that purpose, which are only a few feet from the desk.
My attention has not previously been drawn to this matter, but I will have inquiry made and communicate the result to the hon. Member as early as possible.
Public Accounts Committee
I beg to ask the Prime Minister whether he will arrange, as was done last session, to give an evening or part of an evening for a consideration of the Reports of the Public Accounts Committee.
I understand that another Report is to be issued by the Committee, and perhaps another Question may be put when the Report is out.
Has the right hon. Gentleman seen the third Report issued yesterday?
; No, it is another Report I am referring to.
Ministerial Salaries
I beg to ask the Prime Minister whether he will consider the advisability of reducing the salaries of Ministers to amounts not exceeding £2,000 per annum each, with a view to. providing the means for payment of Members of this House.
The question of readjusting ministerial salaries has not been under consideration, and I do not know that my hon. friend has discovered a solution of the problem of providing payment for Members. The sum available under his proposal, would, I believe, not allow £75 per head for the purpose, which would hardly be regarded as adequate.
Do not some Ministers who draw £2,000 a year consider that they do more work than those who get £5,000?
Evidently the hon. Member is more acquainted with the matter than I am.
Women And The County Council Election
I beg to ask the Prime Minister whether he can see his way to find time during the present session for the passing of the Local Authorities (Qualification of Women) Bill, in order that it may come into operation in time to permit the electors at the forthcoming County Council election to choose women representatives if they prefer to do so.
I am afraid this is impossible.
Civil Servants And Compulsory Vaccination
I beg to ask the Prime Minister whether he can permit Civil servants to claim exemption from the compulsory clauses of the Vaccination Acts equally with other citizens who have a conscientious objection; and whether he will request other Ministers to consider favourably any application made to them.
The compulsory clauses of the Vaccination Acts only apply to children under the age of fourteen years. As regards the requirement of vaccination in the case of candidates for appointment in the Civil Service, the matter is one either for the Civil Service Commissioners or for the head of the Department concerned, and it does not appear to me that the matter is one in which I could properly intervene.
Women's Enfranchisement Bill
I beg to ask the Prime Minister whether he will consider the advisability of starring the Women's Enfranchisement Bill, to give it an opportunity of passing as an unopposed measure.
This Bill was only introduced last week, and is therefore not at a stage at which it can be starred.
Procedure Rules
asked what course the Government proposed to take in regard to the Procedure Resolutions.
said that the opportunity for discussion on the rules of procedure promised for Friday, if the Merchant Shipping Bill debate finished on Thursday, would be given by putting down Amendments to the Standing Orders, which he hoped would appear on the Paper to-morrow.
A Question Of Adjournment
rose to move the adjournment of the House in order to call attention to a matter of urgent public importance —
May I rise, somewhat irregularly perhaps, on a question of order, having a shrewd suspicion of the object of my hon. friend, to point out that to-day having been mortgaged, as it were, by agreement with the Opposition to the prosecution of the present stage of the Land Tenure Bill, it would be rather a breach of the understanding that any portion of the time should be taken up by a Motion for adjournment.
was afraid he was bound to give the notice.
asked leave to interpose, also perhaps irregularly, to ask the Speaker whether the question the hon. Member wished to raise would be considered to have lost its urgency if, in the circumstances, it were postponed.
asked whether by postponement the hon. Member would not lose his right to move the adjournment.
I have an idea, from what occurred at Question time, what is in the mind of the hon. Gentleman who rose, but I have not yet seen the terms of his Motion. A Motion for adjournment on the ground of urgency does not stand exactly in the same position as a question of privilege. A question of privilege must be raised on the very earliest opportunity, but it is not always so with a question of urgency. It may well be that as time goes on the matter, instead of losing urgency, becomes more urgent, and, therefore, not wishing to commit myself before having seen the terms of the hon. Member's Motion, all I can do is to make the general statement that it does not stand in the same position as "privilege," and possibly the hon. Member will not be any worse off by bringing it on to-morrow.
asked whether it was not the fact that any individual Member by putting down a blocking Motion that night could make it impossible to raise the question tomorrow?
Yes, that is so.
said, that being so, unless he was entitled to assume that no blocking notice would be put down, he felt bound to give notice now.
asked if it could not be postponed on a general and honourable understanding that it would not be blocked. If that were done, anyone who put down a blocking notice in spite of that would be regarded as a—
A blackleg.
said he did not finish his sentence and would not say that, but he thought the hon. Member might be certain that any such understanding would be faithfully kept.
, in view of what the right hon. Gentleman had said, postponed his Motion.
Business Of The House
Ordered, "That the proceedings on the further consideration of the Land Tenure Bill, as amended, if under consideration at Eleven o'clock this night, be not interrupted under the Standing Order (Sittings of the House)."—( Sir H. Campbell-Bannerman.)
Land Tenure Bill
Order read, for resuming Adjourned Debate on Amendment proposed [13th November] on Consideration of the Bill, as amended (by the Standing Committee).
Which Amendment was—
"In page 3, line 20, to leave out from the word ' compensation,' to the end of line 25, and insert the words ' for the loss or expense which the tenant, by reason of his quitting the holding, sustains or incurs upon or in connection with the sale or removal of his goods, implement", produce, or stock,'—(Sir W. Robson) —instead thereof."
Question again proposed, "That the words proposed to be left out stand part of Bill."
said that the words the learned Solicitor-General had put down on paper would hardly carry out the intention of the Government. In the first place it went far beyond the intention of the noble Lord the President of the Board of Agriculture as indicated in his speeches made at various times up and down the country when advocating this Bill. The noble Lord had declared that it was his desire that the compensation made under this clause should be limited to compensation for actual damage. But it now provided more than that. If they were going to give compensation under Clause 5 they should give adequate and fair compensation. He did not think the compensation offered was fair and adequate. The Amendment contained a very dangerous proposal and he took exception to its drafting. They did not know what was meant by the word "sale;" it might open up a suspicion, if not of actual fraud, at least of very questionable conduct on the part of the tenant. He might unduly increase his amount of stock and implements for the purpose of the sale. During the period he was under notice he might have a bogus sale. The Amendment did not insure that the tenant should exercise reasonable and proper precaution with regard to the sale. It opened up a very great temptation to him to sell as he pleased and the landlord would have to bear the loss. As to the word "removal," a Scottish tenant might want to transport part of his stock and implements to the Midlands, whilst another farmer might want to go to Canada. The Amendment did not limit the amount to be paid by the landlord for removal. In his opinion the amount of compensation should be limited. He urged upon the Government the desirability of making the drafting more perfect, and he thought the difficulty might be met if a sliding scale of compensation were introduced. As the Amendment stood there was a danger of undue litigation. He wished to see the cost of litigation reduced as far as possible under the Bill. He hoped that either the Government would see their way to amend this Amendment, or else adopt some limit to the amount of compensation, or give some guide to the arbitrator as to what was meant.
said that as the clause stood, if the landlord without good and sufficient cause, and for reasons inconsistent with good estate management, terminated or refused to grant a renewal of the tenancy, he would be liable to pay compensation on the basis of the Amendment. If a landlord desired to farm his land in some different way and to appoint some other man he took it that no compensation would be payable under the clause. If there were any distinct reason why one man was better than another there would be no liability to give compensation. The cases which could come under this sub-section appeared to him to be of a very limited character. It was suggested by a few hon. Members that landlords got rid of tenants on religious or political grounds. He did not admit it; but at any rate, it would be covered by the clause. But take the case in which a tenant was considered by the landlord to be undesirable because he might have reason to believe that the tenant had given way to intemperance or his moral character was such that it was undesirable to keep him on the estate. It would be greatly to the injury of the man if the landlord were to come forward and make a specific statement of the causes for which he wished to get rid of him at the end of his tenancy. Besides, it would be extremely difficult to prove. The Amendment of the Solicitor-General provided a fanciful remedy for a more or less imaginary grievance. It opened a limit- less area of litigation. If some member of the outgoing tenants' family caught a cold on the journey and medical expense was incurred, it would be in consequence of the removal. If a cow died in course of transit, would not that also be credited to the same cause? They could open a vista of litigation and expense, which it was almost impossible to conceive, and some limitation must be put into the clause; if it was to be workable or intelligible. Then take the words. "sale or removal." How were the losses incurred in a sale to be tested? Was the tenant first to have a valuation of his stock, goods, implements, and produce? If the amount realised at the sale did not come up to the estimated value, was the tenant to come down on the landlord for the difference? They all knew how eager valuers were to place an imaginary value upon stock, because their fees were invariably paid by percentage. When the time came he would move to leave out the words "sustains or" and "sale or," and then the Amendment would come nearer to the terms contained in the speech of the President of the Board of Agriculture, who on more than one occasion had laid down the limitation which he thought should be imposed upon this clause. In speeches both at London and at Edinburgh the noble Earl had said that this clause should be restricted to the actual cost? of the removal of the tenant who was disturbed in his holding. The hon. Baronet representing the Board of Agriculture the other evening was put up to explain what the noble Earl meant. According to the hon. Baronet the simple words of the President of the Board of Agriculture meant compensation for everything short of moral and intellectual damages. But the words in question were incapable of explanation such as the hon. Baronet gave. The clause was pernicious in itself, and as the Amendment stood it was absolutely unworkable.
suggested that the Solicitor-General in moving his amending words should end at the word "sustains," and so omit the contentious part.
trusted that whatever else was done, the suggestion of the hon. Member for Woodbridge would not be accepted; otherwise the tenant would be entitled to an absolute indemnity for the loss which had been sustained, no matter what steps he had taken himself.
said that, looking at the matter from a farming point of view, the further they proceeded the deeper they sank into the slough and quagmire of doubt and difficulty. The arbitrator who would decide these matters would have to unite in his own person the wisdom of a Socrates and a Solomon; a judge of the High Court would be a mere child in acquirements in comparison. They had already made the arbitrator a moral judge under this clause. Now they were obliging him to decide in the event of a tenant quitting his holding what his loss was in connection with the sale or removal of the stock. How could anybody estimate that loss, because it depended upon all sorts of considerations? It depended upon the day of the sale, whether it was wet or not, and whether anybody turned up. Under such circumstances the stock might be sold at very considerably below what the tenant might have given for it in the first instance. Was the landlord actually going to be mulcted by reason of an act of God? Or suppose the beef trade was good when the tenant bought his stock and it was bad when the day came round for the tenant to quit his holding. Suppose the stock had got to be sold when beef was down. There were many other instances which could be given. In regard to matters of removal the absurdity was only less in degree. Suppose a tenant farmer was a large breeder of horses and the time came for him to quit his farm and it had to be decided by an arbitrator what damage he had suffered. He might have a promising horse worth, say £200, and in taking it to his new farm it might be injured or killed on the journey. Was the landlord, who had only done what he had a right to do in parting with his tenant, to pay for the death of that horse on its journey to the new farm?
No, not under this Amendment.
said he would not cross swords with the hon. Member for Stoke on a labour question, and he thought the hon. Member would be better advised not to cross swords with him upon a matter of this kind. Such an event as he had suggested might very well arise, and this Amendment was opening the door to every sort of litiga- tion. In his opinion it would work quite sufficient hardship to the landlord if they limited the loss recoverable to the expenses of removal. That was the criterion of damage which the President of the Board of Agriculture himself had adopted in a recent speech. Why was it not carried out in the Amendment? They were promised bread and they had got a stone. On the grounds of common sense and workability, and upon every other ground this Amendment ought not to be adopted.
said he only rose to justify the interruption he had made. The clause only applied in the case of a landlord who dismissed his tenant without good cause and for reasons not consistent with the good management of his estate, which, of course, meant mere personal caprice. Under those circumstances would the hon. Member suggest that the tenant should not be fully compensated for all the expense of his unjustfiable disturbance?
said he agreed that he should be fully compensated, but not extravagantly.
thought the Amendment had limited the amount a great deal, and he would have thought that the loss a tenant was put to by removal ought to include every kind of loss without any limit whatever. That was the reason why he objected to the Solicitor-General's Amendment, which limited the amount and limited the compensation to specific things. Before this Amendment was introduced the clause included the term "loss," and that covered loss of every kind, but if the Amendment were carried it could only include the losses enumerated in the Amendment.
believed that the number of cases to which this provision would apply would be extremely small. With regard to the Solicitor-General's words he wished to find out from the legal advisers of the Government exactly how they considered the arbitrator would set to work to discover what were the losses sustained in connection with the sale or removal of goods and the sale of produce or stock. Take the case of removal. He supposed the loss meant the actual expenditure incurred for carting the goods to the station and then taking them by rail to their destination. If that was so, the amount of loss would depend upon the distance to which the tenant intended to travel. If he went to a neighbouring farm in the same county, it would be small, but in case he went to Australia it would be very large. He did not see why the amount should be so very different in the two cases. It seemed to him that the amount the landlord was to pay was very indefinite, and he did not see how the arbitrator would set to work. How was it possible for any man to tell what loss a tenant had sustained upon the sale of implements, produce, or stock? Upon what basis were they going to proceed? They could not take the price that the tenant gave, because prices changed and the landlord was not responsible for that. If they were going to fix the amount according to the market price, if the tenant realised for his stock more than he gave for it he could conceive circumstances under which the landlord ought to receive something instead of paying. What estimate could they take, except that which the stock actually fetched in the market after the sale? There were such things as forced sales, and very unsuccessful sales. The weather might be extremely bad and the amount realised under such circumstances would be far less than anybody might anticipate. But was that something for which the landlord ought to pay? On the other hand, very often things fetched a great deal more than was anticipated. He wished to understand exactly what the Government thought would be done by an arbitrator who knew his business and wanted to do his duty, and who wanted to carry out in a fair spirit the provisions of the Act. He thought the unfortunate man would be in a hopeless state in dealing with the case. He took another example not touching farm stock, but touching the home furniture and carpets. It had happened to many members of the House that they had for some reason or other been obliged to change their place of residence in town, and although their furniture and carpets suited one house they did not suit the new house. The operation of changing a house was notoriously costly, but it had not yet been suggested that a town landlord should pay for that loss. It seemed to be a provision which might be introduced in some future Parliament. Did the Government say that the arbitrator could say to the tenant, "I do not know what house you are going to, but I am going to give you compensation for that"? He did not know whether that was the kind of thing the Government contemplated. He assured the hon. and learned Gentleman that he did not put these Questions in a carping spirit. He was sure the Government had tried to make the clause precise and to limit it to cases in which he had very little sympathy with the landlord. But however little sympathy they might have with a particular landlord they must go on some general principles. They must apply to this case principles which they were prepared to apply to analogous cases in other walks of life. He hoped the Solicitor-General for Scotland would be able to resolve the difficulties to which he had called attention.
said it was always difficult when they were in the region of arbitration to define precisely what "reasonable" was. The arbitrator, a man experienced in agricultural affairs, would find himself confronted with two main questions at the inquiry. The first was, What were the fair costs of removal? and the second was, What loss had the tenant sustained? With regard to the first question the right hon. Gentleman had said that the arbitrator had a very roving commission, because a tenant might go to the Antipodes for his new farm or to the adjoining parish, and of course the measure of the damage would be very different in the two cases. But the problem confronting the arbitrator was a very familiar one in other cases. There was, for instance, the case of an action where a man was dismissed by his employer and claimed for breach of contract. He might go to New Zealand for a new situation, but he would never be entitled if he went into a court of law or before an arbitrator to get the cost of his passage to New Zealand. The arbitrator would be entitled to say to the tenant, "You did not need to go to John o' Groat's or Somersetshire in search of a farm; you could easily have supplied yourself in the vicinity, and I will give you what I consider will be the reasonable cost of removing yourself, your furniture and belongings to a farm in the neighbourhood. I know many farms which are to let, and it is out of the question to suppose that you are to recover from your landlord what it costs you and your family to go to the other side of the globe." It would be within the region of reasonable assessment of damage with which a skilled and intelligent man could deal fairly. The House had over and over again considered the question whether the word "reasonable" should be left in an Act of Parliament, and they had over and over again imagined extreme cases which would lead to very inequitable results. In the end they had agreed to the use of the word "reasonable" and when it had been construed by skilled and unskilled tribunals nobody was much the worse. An intelligent tribunal applied itself to the consideration of the question—What is reasonable? As to the loss sustained under a sale he assumed that an intelligent agriculturist would consider what was the difference between the price which the man would have got if he had not been compelled to sell at any particular time and what he actually got by having to sell at a time when he would not otherwise have done so.
Am I wrong in saying that he has certainly six months, probably a year, in which he can choose the time to sell?
said that was so, and if he chose an unfavourable time the arbitrator very likely would award him nothing. In the case figured out by the right hon. Gentleman he thought that there clearly would be no claim at the instance of the tenant.
asked what would happen in a case where a tenant before the notice expired had missed an advantageous opportunity of disposing of his stock and at the termination of the tenancy it was sold at a loss.
said he could only answer the Question as a lawyer. If such case should occur he would say that an intelligent arbitrator would not allow any claim for loss if an advantageous opportunity for sale had been missed.
said the terms-used in this clause were, as the hon. and learned Gentleman well knew, the terms used in the Lands Clauses Act. In an arbitration under the Lands Clauses Act the arbitrator rightly, according to the practice of sixty years, looked with great liberality and generosity on the claims of the claimant. The arbitrate under this Act would naturally follow that practice, but he would also be disposed to make the award more liberal still to the claimant in this case, because of the unreasonable conduct of the landlord; That would be an entirely natural proceeding and he thought the arbitrator would be entitled—they could not restrain him—to take into consideration the cost of removal. He would be perfectly entitled to say, "I will award you compensation for going from Surrey or Kent to Northumberland," whereas it might be that the tenant could reasonably have accommodated himself in Norfolk. If the tenant said he preferred a Northumberland farm he thought in the circumstances the arbitrator would have perfectly lawful jurisdiction to award the loss entailed upon him in going to that county. The arbitrator had to apply the test of reasonableness without any nice hand at all. The Solicitor-General was not accurate, if he might respectfully say so, in saying that the arbitrator would in every case say that he was going to apply a severe and rigid test to the reasonableness of the conduct of the tenant who had been dispossessed. These arbitrations would, of course, be conducted in private, and it was a delusion to suppose that agriculturalists would apply to these cases the rationality and precision which they certainly might expect to get from the Solicitor-General. The House was under a delusion if it supposed that they would get in such cases any other than liberal compensation for the tenants. He thought that the Government equally with the Opposition wished to define with precision the compensation to which the tenant was to be entitled. The Opposition regarded this clause altogether with disfavour, but the Government themselves had given an earnest of their good intentions, and wished the compensation to be of a limited character. In regard to removal, however, they had not secured that object, and he failed to apprehend the argument of the Solicitor-General for Scotland in regard to sale. He quite agreed that there might be cases in which the tenant would get nothing; but he contended that in every case the arbitrator would not only be entitled to, but would look at the claim of the tenant generously. He thought the proposed words should not be accepted.
said that the Leader of the Opposition had raised a very interesting question by the queries which he had addressed to the Solicitor-General for Scotland, but the points he had raised were not new. They were questions which arose every day in the Courts of law, and there no difficulty was found in dealing with them. In the case of a man improperly evicted from a farm, who had to sell his stock and remove elsewhere, the Courts had not the slightest difficulty in dealing with the way in which the damages should be assessed. But the right hon. Member for St. George's, Hanover Square, did not complain or suggest that the Solicitor-General for Scotland was wrong in the law he had put before the House as to the manner in which the damages would be assessed. The right hon. Gentleman seemed to be afraid rather of the tribunal which was to assess the damages, because he suggested that the arbitrator would neglect the legal considerations to which he had referred and would view the tenant's claim in a sympathetic spirit. The complaint, therefore, was not against the law itself, but against the tribunal which was to administer the law. He was quite sure the late Attorney-General could tell how the Courts of law were occupied day by day in deciding questions as to the amount of damage caused by evictions. There were legal principles regulating the amount of such damage which had been fixed for many years. Would the right hon. Gentleman wish to have substituted for the arbitrator the Courts of law in the ordinary way?
Yes.
But the hon. Baronet is always in favour of litigation.
said that the Solicitor-General for Scotland had spoken about the impossibility of even a Court of law deciding as to what was "reasonable," but it seemed to him that the conclusion to be drawn from his argument and from that of the hon. Member for Perth was that there ought to be extreme precision as to the measure of damages they put into the Bill when there was no appeal to a Court of law from the decision of the arbitrator. He was sorry to say—and that not on any political ground—that he did not entirely agree with the construction which the Solicitor-General for Scotland had put on this section as to the amount of damages that might reasonably be incurred by the tenant quitting his holding or in connection with the sale of his stock and goods. In his opinion by the words of the Amendment they would be setting up questions to the arbitrators or valuers which would be very difficult to construe. He wished to raise a point which might be of some substance. It was the insertion of a comma after the word "holding." Of course a comma had no effect in the interpretation of an Act of Parliament; but the insertion of the comma after "holding" and before the words "sustains or" might set up two sorts of claim which the tenant might be able to make—one a general claim, and the other a specific claim in relation to the expenses of sale and removal. He could not see why the words "sustains or" should be kept in.
thought that the Solicitor-General for Scotland might congratulate himself that so acute a legal gentleman as the late Solicitor-General for England could only find in the Amendment a mistake of a comma.
said he had not stated that there was any mistake in regard to the comma. On the contrary, he had asserted that a comma had no effect in the construction of a statute.
thought the right hon. and learned Gentleman had made a great point of the comma. The House must be very careful to guard against this clause being regarded as a mere pious opinion, under which the tenant would not get any compensation at all. The tenant would have to prove two things. He would have to prove, first, that his loss or expense was occasioned by reason of the enforced sale of his goods and stock; and secondly, by his removal. Having thus limited the question, they should allow very considerable latitude as to the amount of the compensation to be granted to the tenant Under this measure the difference would be settled by an arbitrator, and he assumed that that arbitrator would be a sensible and practical man who would give a reasonable decision. If the landlord did not agree to an arbitrator, one would be appointed by the Board of Agriculture, and the House might be perfectly certain that the Board would only appoint a person of the highest standing and capable of dealing with these questions. Therefore he thought the fears of the right hon. Gentlemen were illusory when they thought that the arbitrator would award too liberal compensation. He hoped the arbitrator would award liberal compensation in every case in which the landlord had without good and sufficient cause, without any reason connected with good estate management, evicted a tenant. Such a landlord ought to be mulcted in very heavy damages. The Leader of the Opposition had suggested the case of a forced sale and the late Chancellor of the Exchequer had put case of a tenant who did not. choose a favourable moment for his sale when he knew he was going to move.
said that was merely an illustration. He put the case of a man whose household goods were too bulky to move. Too much should not be made of that.
said he also would rather leave out the small question of furniture, which was a much smaller question than the disposal of the man's stock. In these cases, as every practical man knew, a farmer consumed the produce of his holding and he generally sold twelve months before he quitted or just before he was quitting. If he sold just before he was quitting he sold the produce of the holding from the holding and left the un-consumed stores upon it. In this matter he thought the arbitrator would be governed by what would appear to him to be a just compensation for an unjust eviction. This compensation would only be given to the tenant on quitting a holding because the tenant would have found a fresh farm and the arbitrator would be able to say whether the tenant had been reasonable in going, say, from Devonshire to Northumberland. As these cases would probably be small in number, he hoped they would not water down this clause. The tenant farmer's loss was not to be measured by a forced sale or an expensive removal, because when he went into a new neighbourhood he had to gain the necessary experience in order to farm that land at a profit. He knew something about farming his land in Devonshire, but if he were put into Suffolk or some other county he should have to learn his business all over again. The men in a locality knew how to farm that particular land, while the man from a distance would have to gain that experience, and possibly gain it very dearly. Therefore the tenant's loss was not limited to his expenditure in quitting his holding. The question had been put, why, if the sale was on a wet day, should the landlord suffer; but he would ask the converse question, why should the tenant suffer if he had been evicted improperly. Personally, if he were an arbitrator, he would give the most liberal compensation to a tenant who had been unjustly treated, because whatever compensation was given him he did not think it would remunerate him for his loss. The hon. Member for Ayrshire regarded this clause as a pernicious one, but the Government regarded it as a just and necessary one although they thought the cases to which it would apply would be rare; but in such cases everybody would wish to see the tenant treated with justice and liberality.
held that the words of the Amendment were too wide. He thought the House had agreed to the principle that the compensation was to be confined to the actual loss occasioned, and the actual diminution of the price of stock and produce by reason of there being a forced sale. These were the only two circumstances which the arbitrator was to take into account, but all the incidental losses in regard to the loss of a man's home and the change of neighbourhood were not to be taken into reckoning. He urged, therefore, that a few small changes in the Amendment would effect what all parties wanted, viz., to give the tenant the reasonable cost of removal—in other words, the loss and expense which he reasonably incurred in moving and through the forced sale of his stock. Surely they could limit the Amendment to that. All parties would agree that that was exactly carrying out the words of the President of the Board of Agriculture and also of the secretary of that body. As the Amendment was drawn at present, however, it seemed to him that the tenant might in some cases obtain vindictive damages.
thought that the difficulties that had suggested themselves to the mind of the hon. Member for Durham and others had occurred because they would insist upon! dwelling upon the last words of the proposed Amendment, which dealt with loss or expense which the tenant by reason of his quitting the holding sustained or incurred upon or in connection with the sale or removal of his goods, implements, produce or stock. The reference to sale or removal gave no claim for anything which was not strictly a consequence of having to clear out. The goods worth so much to a man who remained were worth so much less to a man who had to quit, and that must be ascertained by sale or removal. If a man was going to Australia, Northumberland, or elsewhere, no arbitrator would hold that that was by reason of his quitting his holding. Many arbitrators consulted a legal assessor, and in any case they would not get arbitrators who would, as suspected, be imbued with notions under the Lands Clauses Act. There was no fear of that. What was provided was that damage should not be given unless damage was incurred. He did not think they ought to be afraid of an arbitrator being too generous towards the tenant who had been unjustly and improperly turned out.
wished to make a suggestion. There was a general understanding that the discussion on the Bill should be terminated that evening. They were now discussing the omission of words which they all agreed should be omitted. He thought it would be better if they assented to the omission of the words and then discussed the words to be inserted.
Question—"That the words proposed to be left out stand part of the Bill." put, and negatived.
Question proposed, "That those words be there inserted."
moved the omission of the words "loss or," so that the Amendment should run that a tenant should be entitled to compensation for the expense which he sustained or incurred by reason of his quitting the holding, upon or in connection with the sale or removal of his goods, implements, produce, or stock. It appeared to him that as the clause now stood the landlord would be liable for many injuries over which he had no control. The Civil Lord of the Admiralty seemed to think that any loss was to be made good provided that the tenant could show that it occurred because he had been turned out of his holding. They on that side did not take that view, because they said that the agreement was for one year and that there was no agreement in perpetuity. If there was fixity of tenure, then everything the Civil Lord said would be right; but there never had been such an agreement, and it could not be alleged that any such agreement had ever been entered into. What the Opposition were afraid of was that this was merely an insidious attempt to bring about fixity of tenure. The Civil Lord dissented, but how otherwise could the Civil Lord justify his argument that if a tenant left his holding and it happened to be a wet day, which was the act of God, the landlord should pay compensation? Of course if the landlord broke his agreement with the tenant and turned him out, he ought to pay. But that was not the case of the Civil Lord. They ought to be very careful as to the exact words of the Amendment. So far as he could understand, the noble Lord the Minister for Agriculture—upon two occasions separated by an interval of fourteen days—definitely stated in the simplest and plainest language that there had been a great deal of misconception about Clause 5, and that the only object the Government had in view was that any loss caused by removal should be paid to the tenant by the landlord. That being so, it was desired to put back into the clause words which would show the intention of the noble Lord and carry out that which he had publicly stated on two occasions to be his desire. The hon. Member for South Ayrshire seemed to think that all the matters that, were to be submitted to the arbitrator were extremely simple, and that the arbitrator would at once seize the different points and give a fair decision. Valuers in the country were very estimable gentlemen, but his experience was that the gentlemen called in to arbitrate were not; capable of seizing all the points of law so ably put by the Solicitor-General for; Scotland. Hon. Members themselves would be in a very difficult position if, even after hearing the whole of the arguments in this House, they were unfortunate enough to be chosen as arbitrators in a complicated case. To the ordinary layman who was not accustomed to weigh words as a lawyer would, and who was liable to interpret the words as meaning what appeared on the face of them, the matter would be worse. Everyone supposed that the Minister for Agriculture on the two occasions to which he had referred to, meant what he said. They were now told that he meant nothing at all. That was a simple illustration of the difficulty the arbitrator had to face. If these words were left out all that the arbitrator would have to do would be to find out the expense which the tenant incurred by reason of the sale or removal of his goods. That was a simple matter, because the information could be obtained from the auctioneer in the one case and the person who conducted the removal in the other. The only difficulty which could arise would be where a farmer went to Australia or removed to a farm at a distance. That would come within the arguments of hon. Members opposite, because their argument was that it was very difficult for a farmer to get another farm in the district after he had been evicted from his holding. The great hardship, according to hon. Members opposite, was for the farmer to be turned out of his holding. He was afraid his arguments would not appeal to hon. Members opposite. He had endeavoured to put them as clearly as he could, and to him they seemed unanswerable. But he was sure they would receive consideration, and he hoped they might possibly induce the House to accept the Amendment. He begged to move.
said the arguments the House had heard for the last hour had proved the necessity of improving this section. He thought the hon. Gentleman the Civil Lord must have forgotten the position in which the Bill now Stood. He had made a speech which would have been justified if the Rill had still been that of a private Member, but now that it had been starred they were entitled to have regard to the opinion not of the Civil Lord but of the Minister for Agriculture. He hoped his hon. friend in moving this Amendment also intended to leave out the words "sustained or," because it was perfectly clear that in the mind of the Civil Lord there was a double compensation and not the mere out-of-pocket expense—something beyond the actual expense, which would come under the head of sentimental damage. If it was intended to get a fair and simple test put before the arbitrator it would be better to say, "the expense which he incurs," and to leave out the double factor. Most of the arbitrators would not know the difference between "loss" and "expense" find "sustains" and "incurs." Therefore with the view of simplifying the matter he seconded the Amendment.
Amendment proposed to the proposed Amendment—
"In line 1, to leave out the words ' loss or.'"—(Sir Frederick Banbury. )
Question proposed, "That the words 'loss or' stand part of the proposed Amendment to the Bill."
said that the Amendment of the hon. Baronet might be properly described as a whittling down Amendment, and as such it must be resisted. Its effect would be simply to confine the compensation to the expense incurred in removing from one place to another, which might only be a railway fare. Over and over again the Government had stated that they desired to go further than that; that although there was no intention to give moral or sentimental damages it was their intention that the tenant should receive under this clause compensation for the damage sustained, when a landlord did something which he hoped no good landlord would ever do. If for some capricious reason a landlord gave notice to a tenant it was only right that he should make good the loss the tenant sustained if he had to go elsewhere and had to sell his stock at a forced sale. The whole object of the Amendment was to whittle down the proposal of his hon. and learned friend. As regarded the explanation he had given of the statement of the President of the Board of Agriculture, he had little to add on the point except, that he was authorised by the noble Earl to explain exactly what his words meant, and he was a little surprised that exception should have been taken to that statement. He could not help thinking that if any hon. Member had given the explanation, which would have been given by the noble Earl himself if he had had a seat in this House, it would have been considered hardly courteous to question it.
said he had no desire to be discourteous or to accuse the hon. Baronet of any fault or failing. He only desired to say that the words used by the hon. Baronet conveyed an entirely different impression from the words used by the noble Earl when addressing the Scottish Chamber of Agriculture. He would challenge the hon. Baronet to read out the two sets of words and to show how the words which he quoted coincided with those used by the noble Earl.
assumed that the noble Earl had surely the right which every Member in this House claimed, and always had allowed, to offer an interpretation of his own words. If the hon. Gentleman opposite refused to accept it, he had nothing further to say, and it would be desirable in the interests of carrying on the debate in the amicable way in which it had been conducted hitherto that they should drop the topic.
quite agreed that there was no necessity to pursue any further the semi-personal aspect of the question, but the hon. Baronet must realise that he himself had developed the controversial aspect. The hon. Baronet complained that his hon. friend the Member for North Ayrshire had not accepted his personal explanation. He could assure him there was no intention on the part of anybody on the Opposition side of the House to throw any discredit upon the hon. Baronet, and still less to accuse him of any act of discourtesy. They had not tried to dispute the hon. Baronet's description of the language used by the President of the Board of Agriculture. What they had done had been to point out that the effect given to the language of the noble Earl by the hon. Baronet was not that which was expected by Members of the Opposition or supporters of the Government. But they were quite ready to let that aspect of the question pass. They quite recognised the hon. Baronet's difficulties, and that he had endeavoured to behave with absolute fairness to the House. The Amendment raised the whole question referred to by the Civil Lord of the Admiralty, who shared with a variety of his colleagues the duty of conducting this Bill. One of the difficulties the House was under was that the charge of the Bill passed so rapidly from one member of the Administration to another, that it was very difficult to know whose was the guiding spirit in the debates. This was specially important in dealing with the present Amendment, because, as had been shown, a great deal more depended on the practice than on the actual language of the statute, or the meaning of the law itself. What they had to deal with was not the interpretation or the administration of an Act of Parliament under a presiding Judge with the aid of counsel, but the way in which arbitrators, who had hitherto not been trained in this particular kind of work, would deal with such cases. There were two distinct views held on the Ministerial benches as to the effect of this clause. There was the view that where a landlord was guilty of an act of gross injustice towards his tenant he should be made to pay for his misconduct. In his judgment the method proposed was not the right way in which he ought to be made to pay. If a landlord turned out the occupier for some reason which had nothing on earth to do with the occupation, with the business of agriculture, or with the relations of landlord and tenant, but only with the private life of the tenant, his political or religious views, the landlord would be guilty of misconduct for which he ought to be punished. But the proper way to punish him would be to give the tenant a right to bring an action against him and secure a heavy fine. That was not what was being done under this clause. The measure of the injury suffered by the tenant at the hands of his landlord was not to be the measure of his compensation. In the very worst case the claim on the part of the tenant might be the very smallest under this clause. Although he had never come across a case in England, he would assume that a case might occur in which a landlord took exception, for instance, to the religious views of his tenant and to the way in which those religious views were pressed, and decided to part with him. He could not conceive a grosser act of injustice, or one against which more rigorous action ought to be taken. But supposing the case was one in which the tenant occupied a small grazing farm, and at the time of his quitting the tenancy, an adjoining landlord, indignant at the ill-treatment of this man, offered him a new farm on favourable terms in the neighbourhood, and he was able to transfer his belongings without difficulty. In such a case, which was the worst that could have occurred, there would practically lie no claim for compensation on the part of the tenant. The words "loss or" appeared to mean something which clearly the Government did not intend they should mean, and must lead the arbitrator to ask what was meant by their deliberate insertion in the Act. If the words meant that they were going in some indirect way to fine a landlord for his unjust conduct they should state clearly that that was their intention. The words were misleading and would create difficulties. There was no appeal against the decision of an arbitrator; he would have very wide powers and would be able to administer the Act in a tyrannical fashion, unless the words "loss or" were removed. He believed the Amendment was in the spirit of the Government's own proposal, and would give to the clause a clearer interpretation, than would be otherwise possible.
pointed out that this clause would only apply to landlords who, without just cause, had parted with their tenants and had Went guilty of a very gross injustice. The right hon. Gentlemen opposite should remember that there were many acts which every man would reprobate most strongly for which the law provided no compensation. The Bill proceeded upon the footing that the landlord had exercised his legal right under circumstances which produced great hardships to the tenant, and the landlord under those circumstances would have to reimburse the tenant what it cost him to go away from his holding where he would probably have remained for the rest of his natural life had his landlord not taken a dislike to him. The foundation of the Bill was that the landlord had not committed any violation of his contract, and it was quite obvious that they should not make him pay any more than would reimburse the tenants for the loss they had suffered. If the Amendment were accepted the effect would be that when the tenant came to make his claim before the arbitrator, that official would ask for receipts for everything, and he would give the tenant nothing except the expenses he could produce vouchers for. Did the House mean that? [Cries of "No."] In the case of a forced sale under circumstances where the tenant suffered a pecuniary loss, there would be nothing the tenant could show in the way of a receipt; and he would have to rely upon the experience and intelligence of the arbitrator, who would be able to say on the one hand what the tenant would have got if he had sold at the most favourable time instead of selling under adverse circumstances. That was the kind of thing which the words proposed to be left out absolutely covered. There was the claim for expenses incurred in the removal and also the claim for loss incurred. If the right hon. Gentleman the Member for Dublin University would look at the clause he would find that everything was governed by the words '' by reason of his quitting the holding." The tenant had to be reimbursed for all the loss sustained in connection with the same, and all the expenses incurred in connection with it. The word "loss" ran with the word "sustain." and the word "expense" ran with the word "incurred." The Government could not accept the Amendment.
said it was hardly to be expected that the Government would, if they could, accept the Amendment. There must be a certain amount of misunderstanding as to the point which they on the Opposition side of the House were arguing. They were attacking not the principle of the clause, or the form of the tribunal; but the words which in their opinion, would place upon the tribunal a duty it would not be competent to discharge. The words left a discretion to the tribunal which an agricultural arbitrator might not be able justly and completely to decide upon. That was why they were objecting to the words. They had to look at the interpretation of this clause not from a legal point of view but from the point of view of the arbitrator under the Agricultural Holdings Act. who would have to administer it. He could not help feeling that the arbitrator would think that the words "for the loss or expense" would mean all the expenses which an outgoing tenant incurred either reasonably or deliberately, for the purpose of running up his claim. The arbitrator would think that all expenses must be included, whether deliberately incurred or not. The Civil Lord of the Admiralty said, "No, he will be reasonable and think the word 'reasonable' is implied here." But he did not think he would. The words were perfectly definite. They might have a case—an extreme case perhaps—of a landlord who found his tenant, who had been with him for a short time, was a highly undesirable person—a felon, or something of that kind. The landlord might decide that he would not keep this felon on his estate. The arbitrator might say "after all, this man has had his punishment; there is no reason why he should suffer loss now." That man, however, might be unscrupulous enough to run up very heavy expenses, and do it deliberately. He might arrange it so that quite unnecessary expenditure was incurred upon his stock and property and in connection with the failure of his sale. It could be easily arranged, and he thought that under these words which Ms hon. friend sought to amend, an arbitrator would feel bound to allow a claim for loss and damage, quite irrespective of the fact that a good deal of that expense need not have been incurred at all. He asked the learned Solicitor-General seriously to consider that point.
said the right hon. Gentleman the Member for South Dublin had argued that if a landlord were guilty of a capricious eviction, an additional penalty should be inflicted in addition to what was provided in the way of compensation under this Bill,.
I mentioned that as an alternative.
said that surely the right hon. Gentleman argued that a distinct wrong was inflicted on the tenant by such capricious eviction which was not provided for in this clause, and that it ought to be provided for, if not in this clause, by other legislation.
said that he was sorry he had not made his point clear to the hon. Member. What he did say was that they were dealing with two totally different things. His point was that they ought to give the tenant a right to proceed against his landlord for actual wrong done, but this clause did nothing of the kind. He thought the hon. Member had better leave this subject, and pass on to something else.
did not think the right hon. Gentleman could get out of the matter so easily as that. He had said there was a distinct wrong which the tenant would suffer for which compensation was not provided under this clause. He hoped the Government would not in any sense weaken the clause, for they had had enough weakening of the measure in response to the appeals of the Opposition. The right hon. Gentleman had said that a capricious eviction was a purely hypothetical case and had never really occurred. Where it was perfectly competent for a landlord to turn out a tenant on any ground without giving any reason, how could it be established that he turned him out purely from political considerations? He had in his own experience known a case where the tenants of a Liberal landlord had been afraid to declare their political opinions simply because the landlord's agent happened to be a rank Conservative. Hon. Members laughed, but it was well-known throughout the country that this terrorism was exercised. He would refer to what was recorded on this subject by a recognised authority, namely, the Welsh Land Commission. One of the Reports of that Commission stated that the Commissioners were repeatedly assured by numerous witnesses that fear of offending their landlords continued to deter many tenants from taking an active part in public affairs and expressing their political views.
The hon. Member seems to be addressing himself to the whole clause. That is not now before the House. The only question is whether the words "loss or" should be left out.
said he was led into the digression by the speech of the right hon. Gentleman. It had been said by hon. Members on the other side of the House that it could not be proved that there was any real loss other than the expense connected with moving from one place to another. He thought that was disproved by the unanimous Report of the Welsh Land Commission. The Commission calculated that the average loss sustained by a tenant in Wales in moving from one place to another amounted to 20 per cent. of his entire capital. The language of the clause had already been whittled down from its original form, and he hoped no further whittling down would be allowed. He and those who held his views thought that they had reached the limit of concession.
concurred in what had been said by his hon. friend the Member for the Ripon division as to the way in which tenants suffered in their agricultural relations on account of their political and religious opinions. Hon. Members who challenged the statement that tenants suffered in that way were ignorant of Welsh history in recent years and forgot the Report of the Welsh Land Commission who treated the evil not as imaginary, but as one which needed a real remedy. It seemed to him that this Amendment would considerably minimise the value of the clause. The clause, if so amended, would really give very small satisfaction indeed to a person who, for political reasons, lost his farm, for the loss of the farm meant more than the loss of a livelihood, and even the loss of the benefit of unexhausted improvements; it meant losing also the knowledge obtained of the land and its capacity, and likewise the loss of the experience in adapting it for the purposes for which it was suited. If, as the Commission reported, a tenant lost a sum equal to 20 per cent. of his capital by being compelled to leave a farm, he maintained that the payment to the tenant of the actual cost of the removal would not be commensurate with the loss he sustained. Even the minority of the Commission suggested that the loss should be met by returning to the tenant a sum equal to one year's rent. It seemed to him that even as it stood the clause did not deal fairly with the tenant.
said that if the words of the Amendment were inserted it would make it necessary for the tenant to prove that the conduct of the landlord was unreasonable. He thought they were entitled to say that the compensation which the landlord had to pay in respect of the loss sustained by the tenant was not in the nature of solatium such as a young lady sued for in a breach of promise action. The compensation should be limited by using the word "pecuniary," and that would exclude those remote consequential damages which nobody thought a tenant should be compensated for, while giving him compensation for the substantial loss which arose out of his being unreasonably removed from his holding.
said it would be unfair to leave out the words "loss or." A Resolution passed by the Central Chamber of Agriculture bore directly on this question. It was to the effect that the capital which a farmer invested in his holding should be as safe as if the holding belonged to him. There was no sign there of dual ownership, but there was the idea that the capital of the tenant should be considered as sacred as the capital of the landlord. Whore a tenant was going to lose an important part of his capital, owing to his being turned out of his holding without good and sufficient cause, and by a whimsical landlord, he hoped the law would enable the tenant to get compensation for that loss. It was for that reason he hoped the Government would not agree to the proposal to cut out the words "loss or," and thereby further weaken the clause.
thought that to limit the compensation to the mere out-of-pocket expenses would render the provision quite inadequate and would not in the least touch the grievance which both sides of the House admitted had existed and conceivably might exist in the future. He believed the present discussion arose from the fact that in the Amendment as at present drawn there was no limit whatever to the sum which the landlord might be called upon to pay. [An HON. MEMBER: Why should there be?] Hon. Members who represented Labour did not always understand these problems. He would tell the hon. Member why the amount should be limited. A tenant who had been evicted might think that the eviction was entirely due to a political difference with his landlord. But that might not be the reason for the eviction. It might sometimes be necessary for the good of the district to turn a man out of his holding. That was a thing difficult to state; indeed, it was not always capable of statement. They must give the landlord a certain amount of discretion in dealing with his tenants. He held that they should put in a maximum which would limit the obligation of the landlord. Did the hon. Gentleman think that if they put in a maximum amount of damages the arbitrator would always give it? For his own part, he admitted that if it. was clearly proved that the action of the landlord was a petty piece of feudal tyranny, it was possible that the arbitrator would give the maximum penalty and that, in doing so the arbitrator would be acting wisely. But was it to be left to the arbitrator to assess a landlord in damages amounting to £5,000 for disturbance? Was there to be no limit whatever? The intention of the House was to deter the landlord from exercising that sort of tyranny, but it should not be left to the arbitrator to say absolutely what damages he should give.
said that there seemed to be a good deal of confusion on both sides of the House as to what the tenant was going to get compensation for. The question was whether he should get compensation for moral damage or only for out-of-pocket expenses. A great many hon. Members opposite had been supporting the clause which, on the face of it, only purported to give compensation for expenses incurred, thinking they were securing for the tenant compensation for moral and intellectual damage. But however much they might recognise the moral delinquency of a landlord who acted in a capricious manner, it was totally impossible by Act of Parliament to assess the actual moral damage the tenant might suffer. They were making a mistake in attempting to deal with the question by legislation; in his opinion, such conduct was so much reprobated by public opinion that there was no need for legislation. They could not legislate in that direction without bringing into play other forces, such as dual ownership, to which he was sure the majority of hon. Members objected. It was no use bringing forward a half-and-half Amendment such as this. Ostensibly it was to give compensation for loss and out-of-pocket expenses; but in reality it was intended to give the tenant moral and intellectual damages. That was the reason why the hon. Member for Stoke had argued that
AYES.
| ||
| Abraham, Wm. (Cork, N. E.) | Campbell-Bannerman, Sir H. | Freeman-Thomas, Freeman. |
| Abraham. William (Rhondda) | Causton. Rt. Hn. Richard Knight | Fuller, John Michael F. |
| Acland, Francis Dyke | Chance, Frederick William | Fullerton, Hugh |
| Ainsworth, John Stirling | Cheetham, John Frederick | Gardner, Col. Alan (Hereford, S'. |
| Allen, A. Acland (Christchurch) | Cherry, Rt. Hon. R. R. | Gibb, James (Harrow) |
| Allen, Charles P. (Stroud) | Clarke, C. Goddard | Gill. A. H. |
| Ambrose, Robert | Cleland. J. W. | Ginnell. L. |
| Armitage, R. | Clough, William | Gladstone, Rt. Hn. Herbert John |
| Atherley-Jones, L. | Clynes, J. R. | Glendinning, R. G. |
| Baker, Sir John (Portsmouth) | Coats, Sir T. Glen(Renfrew, W.) | Glover, Thomas |
| Baker, Joseph A.(Finsbury, E.) | Cobbold, Felix Thornley | Gooch, George Peabody |
| Baring, Godfrey (Isle of Wight | Collins, Sir Wm. J. (S. Pancras, W | Grant, Corrie |
| Barlow, John Emmott (Somerset | Condon, Thomas Joseph | Greenwood. G. (Peterborough) |
| Barnard. E. B. | Corbett. C H.(Sussex. E. Grinst'd | Greenwood, Hamar (York) |
| Barnes, G. N. | Cornwall, Sir Edwin A. | Griffith. Ellis J. |
| Barran, Rowland Hirst | Cotton, Sir H. J. S. | Guest, Hon. Ivor Churchill |
| Barry, K. (Cork, S.) | Cox, Harold | Gulland, John W. |
| Beauchamp. E. | Craig, Herbert J. (Tynemouth) | Gwynn, Stephen Lucius |
| Beaumont, Hn. W. C. B. (Hexhm) | Cremer, William Randal | Haidane, Rt. Hn. Richard B. |
| Beck. A. Cecil | Crombie, John William | Hall, Frederick |
| Bell, Richard | Crosfield, A. H. | Halpin, J. |
| Bellairs, Carlyon | Cross, Alexander | Hardie, J. Keir (Merthyr Tydvil) |
| Benn, Sir J. Williams(Devonp'rt | Crossley, William J. | Hardy, George A. (Suffolk) |
| Berridge, T. H. P. | Daziel, James Henry | Harvey, A. G. C. (Rochdale) |
| Bertram, Julius | Davies, Ellis William (Eifion) | Haslam, James (Derbyshire) |
| Bethell, Sir J. H. (Essex, Romf'rd | Davies, M. Vaughan-(Cardigan | Hazel, Dr. A. E. |
| Bethell, T. R. (Essex, Maldon) | Davies, Timothy (Fulham) | Hedges, A. Paget |
| Billson, Alfred | Davies, W. Howell (Bristol, S.) | Helme, Norval Watson |
| Birrell, Rt. Hon. Augustine | Delany, William | Henderson, Arthur (Durham) |
| Black, Arthur W.(Bedfordshire | Dewar, Arthur (Edinburgh, S.) | Henderson, J.M.(Aberdeen, W. |
| Bolton, T. D.(Derbyshire, N.E.) | Dickinson, W. H. (St. Pancras, N | Henry, Charles S. |
| Boulton, A. C. F. (Ramsey) | Dolan, Charles Joseph | Herbert, Col. Ivor (Mon., S.) |
| Bramsdon, T. A. | Donelan, Captain A. | Herbert, T. Arnold (Wycombe) |
| Branch, James | Duckworth, James | Higham, John Sharp |
| Brigg, John | Duncan, C. (Barrow-in-Furness | Hobart. Sir Robert |
| Bright, J. A. | Duncan, J. H. (York. Otley) | Hobhouse, Charles E. H. |
| Brocklehurst, W. B. | Dunn, A. Edward (Camborne) | Hodge, John |
| Brodie, H. C. | Dunne, Major E. Martin(Walsall) | Hogan, Michael |
| Brooke, Stopford | Edwards, Enoch (Hanley) | Holden, E. Hopkinson |
| Brunner, J.F.L. (Lancs., Leigh) | Edwards, Frank (Radnor) | Holland. Sir William Henry |
| Brunner, Rt. Hn. Sir J.T.(Chesh.) | Elibank, Master of | Horniman, Emslie John |
| Bryce, Rt. Hn. James(Aberdeen | Ellis, Rt. Hon. John Edward | Horridge, Thomas Gardiner |
| Bryce, J.A.(Inverness Burghs) | Erskine. David C. | Howard, Hon. Geoffrey |
| Buchanan. Thomas Ryburn | Everett, R. Lacey | Hudson, Walter |
| Buckmaster, Stanley O. | Faber, G. H. (Boston) | Hyde, Clarendon |
| Burns, Rt. Hon. John | Fenwick, Charles | Idris, T. H. W. |
| Burnyeat, W. J. D. | Ferens, T. R. | Jackson. R. S. |
| Burt, Rt. Hon. Thomas | Ffrench, Peter | Jenkins, J. |
| Buxton, Rt. Hn. Sydney Chas. | Fiennes, Hon. Eustace | Johnson, John (Gateshead) |
| Byles, William Pollard | Findlay, Alexander | Johnson. W. (Nuneaton) |
| Cairns, Thomas | Flavin, Michael Joseph | Jones, Sir D. Brynmor (Swansea |
| Cameron, Robert | Flynn, James Christopher | Jones, Leif (Appleby) |
the words should be retained. He should certainly vote for the Amendment of the hon. Baronet the Member for the City of London, because it bore out more fully the view which Members, especially on that side of the House, held, that the most they should do was to give the tenant the out-of-pocket expenses which he had incurred.
Question put.
The House divided:—Ayes, 353; Noes,. 83. (Division List No. 407.)
| Jones, William (Carnarvonshire) | Nussey, Thomas Willans | Soames, Arthur Wellesley |
| Jowett, F. W. | Nuttall, Harry | Spicer, Sir Albert |
| Joyce, Michael | O'Brien, Kendal (Tipperary, Mid | Stanger, H. Y. |
| Kearley, Hudson E. | O'Brien, Patrick (Kilkenny) | Steadman, W. C. |
| Kekewich, Sir George | O'Connor, John (Kildare, N.) | Stewart, Halley (Greenock) |
| Kelley, George D. | O'Connor, T. P. (Liverpool) | Stewart-Smith, D. (Kendal) |
| Kennedy, Vincent Paul | O'Donnell, T. (Kerry, W.) | Strachcy, Sir Edward |
| Kincaid-Smith, Captain | O'Dowd, John | Straus, B. S. (Mile End) |
| King, Alfred John (Knutsford) | O'Grady, J. | Strauss, E. A. (Abingdon) |
| Kitson, Rt. Hon. Sir James | O'Kelly, Conor (Mayo, N.) | Stuart, James (Sunderland) |
| Laidlaw, Robert | O'Kelly, James (Roscommon, N | Sullivan, Donal |
| Lamb, Edmund G. (Leominster | O'Malley, William | Summerbell, T. |
| Lamb, Ernest H. (Rochester) | O'Shaughnessy, P. J. | Sutherland, J. E. |
| Lambert, George | O'Shee, James John | Taylor, Austin (East Toxteth) |
| Lamont, Norman | Parker, James (Halifax) | Taylor, John W. (Durham) |
| Langley, Batty | Partington, Oswald | Tennant, Sir Edward(Salisbury |
| Law, Hugh A. (Donegal, W.) | Paul, Herbert | Thomas, Abel (Carmarthen, E.) |
| Layland-Barratt, Francis | Paulton, James Mellor | Thomas, Sir A.(Glamorgan, E.) |
| Leese, Sir Joseph F.(Accrington) | Peace, Robert (Staffs. Leek) | Thomas, David Alfred (Merthyr) |
| Lehmann, K. C. | Pearce, William (Limehouse) | Thompson, J. W. H. (Somerset, E |
| Lever, A. Levy( Essex, Harwich | Pearson, W. H. M.(Suffolk, Eye) | Tillett, Louis John |
| Lever, W.H.(Cheshire, Wirral) | Philipps, Owen C. (Pembroke) | Tomkinson, James |
| Levy, Maurice | Pickersgill, Edward Hare | Torrance, Sir A. M. |
| Lewis, John Herbert | Pirie, Duncan V. | Toulmin, George |
| Lloyd-George, Rt. Hon. David | Pollard, Dr. | Ure, Alexander |
| Lough, Thomas | Price, C. K. (Edinburgh, Central | Verney, F. W. |
| Lundon, W. | Price, Robt. John (Norfolk, E.) | Vivian, Henry |
| Lupton, Arnold | Priestley, W. E. B.(Bradford, E. | Wadsworth, J. |
| Lyell, Charles Henry | Radford, G. H. | Walker, H. De R. (Leicester) |
| Lynch, H. B. | Rainy, A. Rolland | Wallace, Robert |
| Macdonald, J. M. (Falkirk B'ghs) | Raphael, Herbert H. | Walsh, Stephen |
| Mackarness, Frederic C. | Rea, Russell (Gloucester) | Walters, John Tudor |
| Maclean, Donald | Redmond, John E. (Waterford) | Walton, Sir John L. (Leeds, S.) |
| MacNeill, John Gordon Swift | Redmond, William (Clare) | Walton, Joseph (Barnsley) |
| MacVeagh, Jeremiah (Down. S.) | Rees, J. D. | Ward. John (Stoke upon Trent |
| MacVeigh, Chas. (Donegal, E.) | Rendall, Athelstan | Wardle, George J. |
| M'Callum, John M. | Richards, Thos. (W. Monm'th) | Wason, Eugene (Clackmannan) |
| M'Crae, George | Richardson, A. | Wason, John Cathcart (Orkney) |
| M'Kenna, Reginald | Rickett, J. Compton | Waterlow, D. S. |
| M'Killop, W. | Ridsdale, E. A. | Watt, H. Anderson |
| M'Laren. H. D. (Stafford, W.) | Roberts, Charles H. (Lincoln) | Wedgwood, Josiah C. |
| M'Micking. Major G. | Roberts, G. H. (Norwich) | Whitbread, Howard |
| Marks, G. Croydon (Launceston) | Roberts, John H. (Denbighs.) | White, J. D. (Dumbartonshire) |
| Mason, A. E. W. (Coventry) | Robertson, Rt. Hn. E. (Dundee | White, Luke (York, E. R.) |
| Massie, J. | Robertson, Sir G. Scott(Bradf'd) | White, Patrick (Meath, North) |
| Masterman, C. F. G. | Robertson, J. M. (Tyneside) | Whitehead, Rowland |
| Meagher, Michael | Robinson, S. | Whitley, J. H. (Halifax) |
| Menzies, Walter | Robson, Sir William Snowdon | Whittaker, Sir Thomas Palmer |
| Micklem, Nathaniel | Roe, Sir Thomas | Williams, J. (Glamorgan) |
| Molteno, Percy Alport | Rogers, F. E. Newman | Williams, Osmond (Merioneth) |
| Mond, A. | Rowlands, J. | Williamson, A. |
| Money, L. G. Chiozze, | Runciman, Walter | Wilson, Hn. C. H. W. (Hull, W.) |
| Montagu, E. S. | Rutherford, V. H. (Brentford) | Wilson, Henry J. (York, W. R.) |
| Montgomery, H. G. | Samuel, Herbert L. (Cleveland) | Wilson, John (Durham, Mid) |
| Mooney, J. J. | Samuel, S. M. (Whitechapel) | Wilson, J.W.(Worcestersh., N.) |
| Morgan, G. Hay (Cornwall) | Schwann, C. Duncan (Hyde) | Wilson, P. W. (St. Pancras, S.) |
| Morrell, Philip | Scott, A. H.(Ashton under Lyne | Wilson, W. T. (Westhoughton) |
| Morse, L. L. | Sears, J. E. | Winfrey, R. |
| Morton, Alpheus Cleophas | Seddon, J. | Wodehouse, Lord (Norfolk, Mid |
| Murphy, John | Seely, Major J. B. | Wood, T. M'Kinnon |
| Myer, Horatio | Shackleton, David James | Woodhouse, Sir J. T.(Huddersf') |
| Napier, T. B. | Shaw, Rt. Hon. T. (Hawick B.) | Young, Samuel |
| Nicholls, George | Shipman, Dr. John G. | Yoxall, James Henry |
| Nicholson, Chas. N. (Doncast'r) | Silcock, Thomas Ball | |
| Nolan, Joseph | Sinclair, Rt. Hon. John | TELLERS FOR THE AYES— Mr. |
| Norman, Sir Henry | Smyth, Thomas F. (Leitrim, S.) | Whiteley and Mr. J. A. |
| Norton, Capt. Cecil William | Snowden, P. | Pease. |
NOES.
| ||
| Acland-Hood, Rt. Hn. Sir Alex F. | Ashley, W. W. | Baldwin, Alfred |
| Anson, Sir William Reynell | Aubrey-Fletcher, Rt. Hn. Sir H. | Balfour, Rt. Hn. A. J.(City Lond.) |
| Arkwright, John Stanhope | Balcarres, Lord | Baring, Hon. Guy (Winchester) |
| Beach, Hn. Michael Hugh Hicks | Finch, Rt. Hon. George H. | O'Neill, Hon. Robert Torrens |
| Bignold, Sir Arthur | Fletcher, J. S. | Pease, Herbert. Pike(Darlington) |
| Bowles, G. Stewart | Forster, Henry William | Percy, Earl |
| Boyle, Sir Edward | Gardner, Ernest (Berks, East) | Powell, Sir Francis Sharp |
| Bridgeman, W. Clive | Gibbs, G. A. (Bristol, West) | Randles, Sir John Scurrah |
| Bull, Sir William James | Gurdon, Sir W. Brampton | Rasch, Sir Frederic Carne |
| Burdett-Coutts, W. | Hamilton, Marquess of | Roberts, S. (Sheffield, Ecclesall) |
| Butcher, Samuel Henry | Hardy, Laurence(Kent, Ashford) | Ropner, Colonel Sir Robert |
| Carlile, E. Hildred | Harrison-Broadley, Col. H. B. | Sassoon, Sir Edward Albert |
| Carson, Rt. Hn. Sir Edward H. | Hay, Hon. Claude George | Scott, Sir S. (Marylebone, W.) |
| Cave, George | Heaton, John Henniker | Smith, Abel H.(Hertford, East) |
| Cavendish, Rt. Hn. Victor C. W. | Helmsley, Viscount | Smith, Hon. W. F. D. (Strand) |
| Cecil, Evelyn (Aston Manor) | Hills, J. W. | Starkey, John R. |
| Cecil, Lord R. (Marylebone, E) | Houston, Robert Paterson | Staveley-Hill, Henry (Staff'sh.) |
| Cochrane, Hon. Thos. H. A. E. | Kennaway, Rt. Hn. Sir John H. | Stone, Sir Benjamin |
| Collings, Rt. Hn. J.(Birmingh'm) | Keswick, William | Thornton, Percy M. |
| Corbett, A. Cameron (Glasgow) | Kimber, Sir Henry | Valentia, Viscount |
| Corbett, T. L. (Down, North) | Lane-Fox, G. R. | Vincent, Col. Sir C. E. Howard |
| Courthope, G. Loyd | Long, Rt. Hn. Walter (Dublin, S.) | Warde, Col. C. E. (Kent, Mid) |
| Craig, Chas, Curtis (Antrim, S.) | Lowe, Sir Francis William | Wortley, Rt. Hon. C. B. Stuart- |
| Craik, Sir Henry | Lyttelton, Rt. Hon. Alfred | Wyndham, Rt. Hon. George |
| Davies, David (Montgomery Co.) | MacIver, David (Liverpool) | Younger, George |
| Dixon-Hartland, Sir Fred Dixon | Magnus, Sir Philip | |
| Douglas, Rt. Hon. A. Akers- | Mildmay, Francis Bingham | TELLERS FOR THE NOES-Sir |
| Faber, George Denison (York) | Morpeth, Viscount | Frederick Banbury and |
| Fell, Arthur | Nicholson, Wm. G. (Petersfield) | Colonel Lockwood. |
moved to omit from the Solicitor-General's Amendment the words "sustains or," which omission, he thought, would bring the Amendment more in accordance with the views which had been expressed by the President of the Board of Agriculture. If the words "sustains or" were left in as well as the word "incurs" they seemed to refer to two classes of damage. The Civil Lord of the Admiralty accused his hon. friend of whittling down the clause; but he wanted to clear the matter up. He reprobated in the most severe terms the conduct of any landlord who without any sufficient cause discharged a tenant on account of religious or political opinions. Any landlord who did that should incur a penalty. But why should they not express the penalty in terms and let the landlord know what he had to suffer if he was unreasonable? The Government were endeavouring to give material damages for a moral offence. The offence they were aiming at was both moral and intellectual damage, and the two things did not fit in. If they were to meet the offence by inflicting a penalty or giving the tenant a remedy at law against his landlord if he should turn him out for an inadequate cause they would have proceeded upon safer lines. The words which he proposed to omit, however, were either redundant or mischievous. Supposing a man did not get another farm at all, then he would have sustained a loss. This seemed to imply that where a tenant had to leave his holding and could not get another holding in some other place, the expense of quitting the holding would be included in these words "sustains or." In addition to his railway fares, the words might cover any expenditure which his family or stock might sustain in quitting, and a horse breaking his leg might be held to come within it. His sole object was to clear up the matter as far as possible. The Solicitor-General had said that there would be possibly an intelligent arbitrator. If the Solicitor-General had the selection no doubt it would be a very good one, but that would not be the case. Failing an agreement the arbitrator would be selected by the Board of Agriculture. That did not give him the slightest confidence. The Civil Lord of the Admiralty had expressed a doubt that these arbitrators would be members of the legal profession, and if there was any intention to appoint legal agents to come down from England to Scotland and deal with the valuation of stock and crops and land and soil and other complicated questions the northern parts of the country might feel a double interest in regard to the passage of this Bill. He thought a landlord should be subject to a penalty, but he did not think the present penalty was in a reasonable or intelligible form.
, in seconding the Amendment, pointed out that confusion might arise if two verbs were used, viz., both "sustains" and "incurs," although no difference would be made.
Amendment proposed to the proposed Amendment—
In line 2, to leave out the words ' sustains or.'"—(Mr. Cochrane.)
Question proposed, "That the words ' sustains or' stand part of the proposed Amendment to the Bill."
could not assent to the Amendment, as it would reduce the effect of the proposal of the Government. The right hon. Gentleman the Member for Dover had said that the use of two verbs, although it might lead to confusion, would make no difference. If it made no difference what was the use of arguing the matter?
pointed out that if two such words were put into a clause, lawyers were in the habit of saying that Parliament must have meant to cover two things. The truth was that it was a fault too common in old drafting, though less common now. to imagine that the meaning of a thing was made more clear by its being said twice over. Could anyone say what was added to the clause by the retention of both these words? Let them leave out either "sustains" or "incurs." It did not matter which word was retained. It was a mere matter of drafting. He asked whether the Solicitor-General for Scotland did not think the House would make greater progress if he made this concession in the interest of sound drafting. The Amendment, if accepted, carried no important admissions, and if rejected the clause would simply confuse the mind of the arbitrator. If the words were left out it would make the clause clearer, and therefore for the sake of clearness, which they all ought to aim at, he hoped it would be accepted.
quite admitted that the Amendment was more one of style than of substance, and he shared the view that the words of an Act must be of substance because the Courts were very astute in putting more into the words used in Acts of Parliament than those who passed the Acts intended. Therefore the House ought to be very careful what they did. His answer was that suggested by the right hon. Member for Dover. The word "sustains" was more appropriate to the word "loss," and, on the other hand, the word "incurs" was more appropriate to the word "expense." It was rather to point the contrast between the two that they were retained, and it was, he thought, good drafting. If he thought confusion would be created by the retention of these words he would counsel their being struck out, but he thought they conduced to clearness.
said he was sorry the Government would not accept the Amendment. It was, however, not worth pressing, and therefore he counselled his hon. friend to withdraw it.
Amendment to the proposed Amendment, by leave, withdrawn.
moved the omission of all the words after "incurs." It had already been decided that when a tenant was unreasonably disturbed in his holding and dispossessed he ought to be compensated by his landlord, who ought to be penalised. He did not wish to dwell upon the point, because the general bearing of the clause was satisfactory, but he was sure that this, the most important clause in the Bill, would not satisfy the farmers or the moral sense of the nation unless the arbitrator had power to award such compensation. The cases which would occur under the clause would be Very few. and when they did occur the landlord ought to be more heavily penalised and the tenant more generously compensated than he would be under the clause without this Amendment. He begged to move.
said he desired to second this Amendment, because in his view the words proposed to be left out were too narrow in one respect and too wide in another. When these words were under discussion before it was pointed out that the words "sale or removal" were very wide and the landlords might properly object to them because, if these words were left in, the tenant, on receiving notice, might take little care to protect himself against loss during the last year of his tenure, knowing that he could go before the arbitrator and get full compensation. He need not labour the point of removal, except to call attention to the fact that the arbitrator was to say what was a reasonable distance. All these matters were to be left to a single arbitrator. A landlord, having been guilty of an arbitrary act, was to go before an arbitrator who would certainly not be predisposed in his favour. From this point of view, therefore, the words were too wide. But they were also too narrow, because no compensation was to be given for certain losses that might be incurred through unreasonable eviction. A farmer might have built up a milk business which was dependent on his tenancy of the farm. If he were dispossessed he would necessarily lose his business connection, his profit there from, and the livelihood he had built up for himself. If these words were left in he would get no compensation for loss of this kind. But if they were omitted, he would receive the compensation to which be was surely entitled. The relation between landlord and tenant had been described as a partnership. It was a partnership in which the capital interest of the landlord was perhaps four-fifths and that of the tenant one-fifth. If in a case of a partnership the partners found that from incompatibility of temper or for some other reason they could not agree, the rich partner should be willing to compensate the other who was leaving for any loss that his leaving entailed. That should be the case between the landlord and the tenant he was dispossessing. He thought if these words were left out the arbitrator would interpret the clause in that way, and he, therefore, thought it would be fairer in the interest of the tenants to omit them.
Amendment proposed to the proposed Amendment—
" In line 2, to leave out all the words after the word ' incurs.' "—(Mr. Everett.)
Question proposed, "That the words Upon or in connection with the' stand part of the proposed Amendment to the Bill."
said he was afraid the Government could not accept the Amendment for more reasons that one. In the first place, in drafting the clause in its present form there was no intention that vindictive damages should be inflicted on the landlord. The Government declined to propose a clause of that kind. The clause proceeded on the assumption that the landlord was doing what he was entitled to do and that he was committing no breach of contract in terminating a tenancy. On that assumption the House would agree that it would be quite improper to pay more than the expense that was directly entailed upon the tenant by reason of his quitting the holding. Some arbitrators might consider themselves free to inflict a penalty on the landlords, while others might refuse.
asked leave to withdraw his Amendment.
Amendment to the proposed Amendment, by leave, withdrawn.
said that what he desired was that the Government should adhere to the statement made by the President of the Board of Agriculture, in which he did not contemplate the loss on the sale. His words were restricted to the actual cost of the removal in case the tenant was disturbed in his holding. How were they going to estimate loss on sales? The sale would take place presumably by auction, and perhaps the result might fall short of what was anticipated. He wished to know if that unknown sum was to fall as a penalty on the landlord. He would not argue the point, but he would move to leave out the words "sale or." The clause would then read in conformity with the intentions of the President of the Board of Agriculture which he had specifically expressed on two occasions, once in England and once in Scotland.
Amendment proposed to the proposed Amendment to the Bill—
"In line 2, to leave out the words 'sale or." —(Mr. Cochrane.)
Question proposed, "That the words 'sale or' stand part of the proposed Amendment to the Bill."
said that this Amendment would reduce the value of the Government proposal and weaken the clause; therefore he could not accept it.
said there had been a certain amount of general discussion with regard to this point, but he thought the House would realise that the retention of the words "sale or" would give rise to all sorts of difficulties in dealing with these matters. What standard was the arbitrator going to set up upon which to ascertain the loss on the sale? There would be endless difficulties which the arbitrator would have to face in carrying out his duties. It was necessary in passing such a clause to have regard to what might happen. The outgoing tenant would have no interest in selling his stock and other things to the best advantage, because he would feel that, whatever price they fetched he would be able to recover the difference from his landlord. He thought the word "removal" was quite sufficient, and it was most undesirable to draw the special attention of the arbitrator to the question of sale.
asked if the provision only referred to a sale by auction or to any sale of any part of the produce or stock which might take place during the whole period during which the tenant was under notice.
said he should say it was intended to refer to any sale. If the tenant took a means of selling which disparaged his goods, or did not take the opportunity of selling them to the best advantage, that would come before the arbitrator who would limit the compensation in consequence.
said that under this clause all the arbitrators would be asked to decide would be the actual loss which the tenant had sustained or incurred by reason of the removal or the sale of his goods. He was inclined to think that the original clause was better than the Amendment which had now been proposed by the Government. If they struck out the words ''sale or "they would get rid of one subject of confusion under the Act. With reference to an observation which had been made, he thought the hon. Member for Cardiff District was very much mistaken if he imagined that everybody in this House thought that the principle of the clause was right. He himself regarded it as an exceedingly bad principle which ought never to have been introduced. It was one of the worst features of the Bill, and he trusted the Government would never repeat the experiment.
asked what there was to prevent a tenant selling his stock or produce by private treaty to a friend of his own at a price below its real value, and claiming the difference from his landlord. It would be very difficult to check any action of that kind, and, apart from any intentional transaction of that character, the tenant would under this clause have no interest in selling his goods at the best price, and would often be careless as to the price at which they sold. Again, if the stock and produce went to auction and were sold at what was known as a "knockout" price, that was to say, considerably below its proper value, the whole of that loss would fall upon the landlord. He thought the compensation might very well be confined to the cost of actual removal. The Minister for Agriculture said in a recent speech that it was the intention of the Government to confine this clause to the cost of removal, and by that he understood him to mean the actual cost; of removal, for he did not say a word about sale. He hoped the Government would see their way to leave out the words "sale or."
said the hon. Member for Kingston had mentioned the case of a tenant who deliberately sold his stock below its proper value. If a tenant did that everybody would know it, and being a matter of notoriety it would be sure to come to the knowledge of the arbitrator.
said that it did not necessarily follow that it would come to the knowledge of the arbitrator. He would like a more accurate description of the powers of the arbitrator. He knew of nothing in the Arbitration Act which would make it part of the duty of the arbitrator either to take evidence or to hold an inquiry as to whether the tenant had done everything he could to secure the best price for his stock. It did not follow that there would be criminal carelessness, but by injudicious conduct the tenant sometimes got a worse price than he might otherwise obtain. He would like to know definitely whether the arbitrator had any power to take evidence in order to arrive at the value of the property. Of course the arbitrator would visit the farm, but he would not have many opportunities of estimating the actual loss. There was only one way in which the arbitrator could justly discharge his duty, and that was by being in a position to judge the value of the stock both before and after the sale. He knew of nothing in this Bill which would give the arbitrator power to obtain the necessary information. He thought these words were extremely dangerous. The arbitrator ought to have the very widest possible powers to obtain information, because it would rest with him to decide whether the price obtained was a reasonable amount. He was inclined to think that the arbitrator would take into account the general circumstances rather than the actual value. He wished to know definitely whether there was anything that would impose on the arbitrator the task of ascertaining whether the price of the stock obtained was one which represented its fair value and whether every care had been taken to obtain the best price.
said the arbitrator was not only required but bound to hear any evidence which might be material.
asked if the arbitrator had power to call for evidence on his own motion.
said that he had the right to call either of the parties for information. He did not know so much about calling witnesses, but he would be entitled to have the assistance of a qualified valuer or expert, a privilege which he would probably rarely exercise because he would be an expert himself in the matters involved. The arbitrator's duty would not only be to listen to what the parties had to say, but if there were any conflicting statements made by the parties he would have to investigate them and obtain other evidence. In addition to his duties as arbitrator in the strict legal sense, he would act as judge himself. As a valuer he would inform himself as though he were a witness, and he was bound to act upon the evidence each party tendered. Of course the amount of the damages would be largely left to his discretion. If the landlord alleged that his tenant had been careless in regard to the sale and had inadequately or carelessly increased his damages, his opinion was that the arbitrator would not take that into account. He would not punish a man for ordinary carelessness, but if there had been anything in the nature of a bogus sale, or anything of that kind, he would have to take it into account. The arbitrator would be inclined to say, "This is not damage sustained by quitting your holding, but by your own wrongful act." The arbitrator would know what he was about and he would see that the real cause of the damage was deliberately set up by the tenant.
asked if the sale contemplated was a sale by public auction, or whether it was contemplated that there could be private selling of stock between one man and another.
said there were cases where the man had scarcely any stock to dispose of, but he thought a private sale by the tenant would be treated by the arbitrator as an improper sale. The landlord would have the right to make a tender if he suspected a bad or a dishonest sale. Such a tender would not be binding upon the tenant, but the arbitrator would take it into account. If the landlord said to the tenant, "I will take your stock over at valuation," and the tenant refused, saying he would have a public sale, and then the public sale realised a less amount than that which the landlord had offered, the arbitrator would doubtless hold that the tenant had adopted an imprudent way of getting rid of his goods.
said the speech of the Solicitor-General appeared to him to constitute one of the strongest condemnations of this most unreasonable clause. The statement that the arbitrator would go and see for himself the condition of things when he was called in to arbitrate in the event of a tenant receiving notice showed the utter impracticability of the clause as it stood, because by the time the arbitrator arrived to examine the condition of things all the materials under consideration would have been dispersed. The sheep and the cattle would have been sold, and the horses would be gone, and under such circumstances how was the arbitrator to make sure that anything like a decent price had been obtained? The arbitrator would probably be a man brought from a distance in order to secure impartiality, and he might be entirely ignorant of the local condition of things. It had been stated that the arbitrator could call in witnesses and experts to assist him, but all the expense involved would have to be paid by somebody, and the money would have to be found by the landlord. He did not think it was laid down in the Bill that the tenant would have to pay any portion of the expense. The Solicitor-General's observations just now constituted perhaps the strongest condemnation of the clause. The clause was likely to bring about injustice and hardship.
desired to make a suggestion which, if adopted, would remove the chief objection to this clause. In another industry with which he was connected the Legislature put upon capitalists a heavy burden in certain contingencies which might occur. What did the capitalists do? They formed themselves into a mutual insurance society. Hon. Members who had spoken were quite capable of organising mutual assurance associations in each county to meet the liability created by this Bill. It was stated that the relations between landlords and tenants were extremely good, and if that was so the amount of the insurance would be very small. He was sure that Lloyds and other companies would quote a very moderate rate, if they preferred dealing with an insurance company.
said he belonged to the much abused class of landlords, and he was not going to insure his neighbours against the mismanagement of their estates. He suggested to his hon. friend that he should not press the Amendment to a division after the speech of the Solicitor-General. He hoped that the Bill conformed to the policy laid down by the hon. and learned Gentleman. He entertained some scepticism on the subject, but he did not think they would gain much by pressing this Amendment.
asked leave to withdraw the Amendment.
Amendment to the proposed Amendment, by leave, withdrawn.
Question, "That those words be there inserted in the Bill," put, and agreed to.
moved to insert after "holding" words to provide that where the landlord gave to the tenant two years notice to quit he should be deemed to have acted reasonably and with good and sufficient cause within the meaning of this section. His object was to enable landlords and tenants to avoid the litigation which was threatened by this clause. He fully admitted that there were hard cases where the tenant ought to have a remedy for loss occasioned, often unintentionally on the part of the landlord. He was bound to acknowledge that his mind was in a fog as to the full scope of the clause and as to the results that might follow. He would give one illustration. Cases were not unknown, and perhaps they would be more frequent in future, when portions of an estate had to be sold to pay estate duty. In order to sell the landlord must of necessity give the tenant notice. That being so, would the landlord have to pay not only estate duty but also compensation to the tenant for what the State compelled him to do? The tenant might think so, and he might get the arbitrator to agree with him. What was reasonable or unreasonable might be a matter of opinion, and there might be no end of litigation and cost where there was a difference of opinion between the landlord and the tenant. If they could find a way out of this difficulty surely they ought to adopt it. The tenant would always be in doubt as to what he was to have under this clause.
Amendment proposed to the Bill—
"In page 3, line 25, after the word ' holding,' to insert the words, 'Provided that where the landlord shall give to the tenant two years notice to quit he shall be deemed to have acted with good and sufficient cause and consistently with good estate management within the meaning of this section.—(Mr. Gardner.)
Question proposed, "That those words be there inserted in the Bill."
said he appreciated all the hon. Member had said. He would gladly accept the Amendment if he could, but it would cause difficulties. It was better not to make these exceptions. They were putting a new obligation on a class of landlords with whom he had no sympathy, and he was not prepared to make it any easier for them.
Question put, and negatived.
moved to insert a proviso setting forth a scale which the compensation should not exceed. When the Bill was under consideration by the Grand Committee upstairs it was pointed out that what he now proposed was introduced by Mr. Gladstone into the Irish Land Act of 1870. The case in favour of compensation for disturbance was very much stronger in the case of Irish tenancies than in the case of English or Scottish tenancies; but Mr. Gladstone thought it necessary when introducing the principle of compensation for disturbance in Ireland to provide for a limit to the compensation to be paid to the tenant. As they all knew, the circumstances in England and Scotland were quite different from those in Ireland, and the case in this country for compensation for disturbance was not nearly so strong as in Ireland. He therefore thought that it was only logical and consistent that in a Bill dealing with England and Scotland there should be a limitation of the amount of compensation to be awarded. He did not profess himself to be an admirer of the scale, but as it was the scale of the Land Act of 1870. he thought the suggestion contained in the Amendment worthy of consideration by the Government who might in another place amend it. He begged to move.
seconded the Amendment.
Amendment proposed to the Bill—
"After the words last inserted to insert the words, 'Provided that the further compensation awarded under this section does not exceed the scale following (that is to say)—Where the assessment of the holding to property tax under Schedule A does not exceed ten pounds a year, an amount equal to one hundred per centum of such assessment; where such assessment exceeds ten pounds, but does not exceed twenty-five pounds, eighty per centum of such assessment; where such assessment exceeds twenty-five pounds, but does not exceed fifty pounds, sixty per centum of such assessment; where such assessment exceeds fifty pounds, fifty per centum of such assessment; but in no case shall such compensation exceed the sum of two hundred and fifty pounds.' "—(Mr. Abel Smith.)
Question proposed, "That those words be there inserted in the Bill."
said that there was no general feeling that a scale should be introduced, however desirable it might be in some cases. He would remind the hon. Gentleman that this clause was very much wider when originally introduced than it was at the present moment. A difficulty in connection with a scale was that the compensation granted under it might be either too small or too great. In the case, for instance, of a small holding the assessable value of which was £10, the maximum compensation to be given would be £10. It was quite conceivable that where in such a case a man had been harshly and capriciously convicted, £10 would not compensate him for the loss incurred. On the other hand, in another case where the maximum amount of compensation to be paid was £250, it might be too much. It had also to be considered that when a maximum was put into an Act of Parliament the arbitrator was very likely to take it as the minimum. There was likewise a risk that in introducing a scale it might be taken as a sort of indication that in all cases when a tenant left a claim for compensation should be put in. He was afraid he could not accept the Amendment.
said that there had been a very interesting discussion on this question in the Committee upstairs, and the necessity of introducing a limit in Ireland had considerable weight with the Committee. He thought that some limit, not necessarily based on the scale proposed by his hon. friend, but in that direction, might be considered by the Government, and on mature reflection introduced when the Bill went elsewhere.
hoped there was no idea on the part of the House that the Government would accept a scale. The only argument used by the mover of the Amendment was that it was based on the Irish precedent, but he had always thought that the Irish precedent disgusted hon. Gentlemen opposite. He would invite the hon. Gentleman to look at his own scale. By it the tenant of a holding not exceeding £10 assessable value might be capriciously evicted and turned out into the world, and the only compensation he would receive would be £10. That was ridiculous. Or in another case, where the assessable value was £50 and the tenant was turned adrift to go to a new neighbourhood and find a new farm, thereby incurring great expense and loss, the compensation to be given was only £25, which also was quite inadequate. He was sure that the hon. Gentleman would acknowledge on reflection how impracticable his proposal was. For his part he maintained that limitations of this nature were dangerous.
said that some limitation had been found to be wise in the case of Ireland, and he thought that there should be also some limitation in the case of England. However, they could not carry the matter much further at present, but it deserved consideration, and he trusted it would receive that consideration at the hands of the Government later on.
sincerely hoped that the Government would not give more consideration to this matter, and that they would not recede one inch from the position they had now taken up The fact was that the clause had been so limited by the words already put in that it would be a positive mockery of that hopes of the tenants to insert any further limitation
thought it was unfortunate that the Government would not accept a maximum penalty for disturbance. He saw they had made up their minds not to accept this Amendment, but he thought that in the interest of the clause and of good legislation it was a great pity that they had not seen their way to adopt the principle.
Amendment, by leave, withdrawn.
moved formally—
The Amendment was, he said, purely a drafting one, and it had been found desirable to have more general words."In page 3, to leave out lines 27, 28, and 29, and insert the words 'any matter under this section.'"
Amendment agreed to.
moved an Amendment to provide that any difference arising under the clause should be settled in the County Court instead of by arbitration, as provided by the clause. His object was that they should have a trained legal mind to consider all the complicated questions which would arise under the Bill instead of an arbitrator who had had no such experience. During the course of the debate nothing had been more clearly shown than that the questions which would have to be put to the arbitrator went far beyond the knowledge which arbitrators ordinarily possessed. They would be questions requiring legal knowledge and training, and therefore if a just decision was to be given it was essential that they should have as the judge a person who was conversant with the law and understood its phraseology. The objection to his Amendment might be that the expense would be very much increased, but he believed that the costs of proceeding before a County Court Judge were extremely reasonable as compared with ordinary legal proceedings. Moreover, one hon. and learned Member had said it was a mistake to suppose the proceedings under arbitration were generally economical, and that, as a rule, those proceedings were generally exceedingly lengthy and expensive.
seconded, and said he thought it was better to take these cases into a Court of law so that the whole matter in dispute between landlord and tenant should be decided in public and everyone would know what had taken place. It seemed to him that the hon. Member's Amendment was one of extreme gravity, and, speaking for himself, he thought that it was of the utmost importance that these matters should be discussed in open Court. The clause had been emasculated to a very great degree in order to meet the views of hon. Members opposite, and, as he ventured to think, it had been changed very much for the worse. It was a clause which would hit. very few landlords. It would not affect hon. Members who owned land, who no doubt were reasonable and just landlords. It would only affect men who had no regard for their fellow men, and therefore these cases should be tried in the way suggested, and he thought that the County Court was the best tribunal that could be chosen for the purpose. The cases would no doubt be few, but he thought they would be more numerous than hon. Members imagined. It happened in his division that one of the most influential and largest of the territorial magnates when a Bill of this kind was proposed in Parliament, sent round to all his tenants and asked them whether, if by chance it became law, they would undertake to accept notice to quit their tenancies one month before it came into operation. The way in which the tenants read it was that unless they accepted the suggestion they would get a notice to quit, and his submission was that notices of that kind given in order to evade the consequences of Acts of Parliament were not right, and it was of the utmost importance that the tenants in such cases should be able to go into the Court and state in public the way in which they had boon treated. It was, moreover, not by any means an unusual thing for landlords to obtain from their tenants an undertaking that, notwithstanding the Ground Game Act, they would not shoot ground game or destroy them. If by any chance the undertaking, which ought not to be given, was not given, the tenants received notice to quit, and if, having given the undertaking, a tenant shot ground game, the same result followed. Such matters should not be decided by a private arbitrator, but everybody should be able to see whether the compensation awarded for an eviction in such a case was right or wrong. Although landlords of that class were not numerous they existed in too large a number, and he could prove that men in his division had been turned out of their holdings for no alleged reason, and apparently for no reason except that they happened to be his supporters. There were many men who held their tenancies from large landowners and who knew that if they wished to vote for a Liberal their only safeguard was the Ballot Act.
Amendment proposed to the Bill—
"In page 3, line 31, to leave out the words 'arbitration as hereinbefore provided' and insert the words 'a County Court.'" — (Sir Frederick Banbury.)
Question proposed, "That the word ' arbitration ' stand part of the Bill."
said he could not imagine anything more against the interest both of landlord and tenant than that in any dispute that might arise between them they should be forced into a lawsuit. The arbitrator would be an expert agriculturist who would be able to visit a farm and assess damages without being instructed by costly valuers, thus saving the parties great expense. The Judges of the County Court would not take anything but the strictest proof supported by the strictest testimony on every point of the, issue, and that would mean that each party would have to employ solicitors and counsel. That would be some expense but not the whole, because they would have to have a good valuer and a good witness, a very expensive article. Even that was not all, because if one party found that the valuer on the other side was equal to his own he might have to have another. There had been cases in his experience where, in cases which were quite inadequate to the expense, three valuers had been engaged. Litigation was a very bad industrial process whether before an arbitrator or a Court of law. But if it were to be resorted to at all let it take place, if possible, before men who judged the matter right off for themselves without having to be informed by costly counsel and costly witnesses.
said he had listened with amazement to the hon. and learned Solicitor-General. When his mind reverted to the series of Land Acts for Ireland passed by the Party of which he was a member he could only regret that the hon. and learned Gentleman was not Solicitor-General at the time to point out the great difficulties and expense of such disputes as occurred between landlord and tenant. The most trivial actions in Ireland not only went before such a tribunal as the hon. and learned Gentleman had described, but in addition there were rights of appeal which ultimately brought them before distinguished appellate Courts of the most elaborate description. So long as the process that an arbitrator had to go through was the deciding of simple questions between landlord and tenant it was desirable to have such a tribunal, and such was the case under the present Act. But under this Bill the question they would have to decide would involve the payment of considerable amounts of money. It was a very different thing to the ordinary debt collecting action in the County Court, where small sums of £5, £10 or £15 were dealt with. Yet nobody had ever suggested that a process of compulsory arbitration should be set up for those actions. The hon. and learned Gentleman said that in questions of this kind they ought not to put the parties to the expense of proving their case, and that they ought not to insist upon having solicitors and witnesses and matters of that kind. But even in arbitrations they had to have all these expenses. The truth of the matter was that a tribunal was to be set up in the nature of one arbitrator who would have to decide questions just as difficult as any question that ever came before the High Court. At the same time this was to be done in a Bill which compelled the parties to go before one arbitrator instead of going before two arbitrators and an umpire. First of all the valuer had to decide whether he had jurisdiction; whether the case came within the preliminary words of the section. He first had to decide whether the landlord had acted "without good and sufficient cause." Was that a simple matter which an ordinary valuer could be expected to decide? Then he had to decide the reason. If the Solicitor-General was not removed from practice by the office which he held he would see that these words opened up a vista of litigation which would bring gladness and joy to the hearts of those, at all events, who were in an expectant condition. Why was a valuer to put his own interpretation on the words "reasons inconsistent with good estate management?" He had listened to this debate with interest and without hostility, because the enactments of England were so very mild when contrasted with those passed by this House for Ireland, and he almost wondered why there was any discussion at all. But taking an English point of view, with an Irish accent, he really did see that this unfortunate individual, who was apparently to be selected from the community of men who knew something about land and nothing of law, might decide something that the House did not intend him to decide when it passed this Bill, and which might lead to a large monetary concession being made by the person who happened to possess the land. To leave all these questions to this interesting individual seemed to him to lay down the principle that all our elaborate judicial system was unnecessary. They were throwing on this valuer such difficulties that it would be impossible for him to cope with them, and if he went wrong he was not surrounded by those safeguards with which it was necessary in the ordinary and general methods of litigation to surround even the County Courts. This was an absurd tribunal to set up to determine all these complicated questions. Where they laid down a difficult series of questions of this kind they ought to set up a competent tribunal or such a method of adjudicating as would enable them to question what was done if it were not in conformity with the Act of Parliament.
said he desired to deal with the point which the right hon. and learned Gentleman who had just sat down had touched upon—the question as to what was the right machinery to employ in dealing with this matter. He thought there could not be a worse advocate on behalf of the Amendment than the right hon. and learned Gentleman, because first of all he spoke as an Irishman. Then the right hon. and learned Gentleman had no experience whatever of agricultural valuations in England, and his only experience in the County Courts, so far as he could ascertain, was that he had been sued there for £15.
If the hon. and learned Gentleman wishes me to contradict him, it is not so.
argued that he was justified in drawing from the evidence before him the conclusion that the right hon. and learned Gentleman must have gone there as defendant. He was certainly of opinion that the right hon. and learned Gentleman knew little about County Courts and nothing about agriculture. He had tried to take an English point of view with an Irish bias obtained from his experience of the Irish landlordism which had got Ireland into a state which this House and previous Houses had tried to remedy, because bad landlords had been allowed to become the dominant class. What was aimed at in this Bill was to punish bad landlords and let good landlords alone. The right hon. and learned Gentleman had been the advocate of the worst landlordism the world had ever seen, and was the last man to come to this House and offer suggestions as to the way in which the House should deal with landlordism. The right hon. and learned Gentleman asked how a poor valuer was to know what was good estate management. How, then, was a poor lawyer to know? The valuer above all persons was surely the right person to whom the matter should be referred. A County Court was the worst possible place to go to. County Court Judges as a general rule were a very useful class, but for some years past the standard of those Judges had not been kept up to the level which it previously attained.
That is absolutely untrue.
said he would simply say that in his judgment the standard of County Court Judges in the last ten years had not been kept up to the standard which it previously attained.
on a point of order, asked whether it was competent for an hon. Member to arraign first the late Lord Chancellor and then the capacity of the existing County Court Judges.
said he had not gathered that the hon. and learned Gentleman was arraigning the late Lord Chancellor; but with regard to the question of the County Court Judges, he thought it was a little irrelevant, and, at any rate, it was an argument that ought not to be used in this House.
said the hon. and learned Gentleman explicitly stated that the late Lord Chancellor had not maintained the standard of excellence of county court judges which had been maintained by his predecessors.
asked whether it was not competent, when considering whether cases under this Bill should be submitted to a certain tribunal or set of tribunals to discuss the ability of those tribunals to settle the matter placed before them.
said the point of order was whether the County Court Judges ought to be attacked in this House. He had stated that in his opinion they ought not to be attacked.
said he thought he was within the mark, but being out of order he would apologise and leave the point. They were discussing the question as to whether the valuer or the County Court Judge was the better person to deal with this matter. He wished to argue the case of the valuer strongly as against that of the County Court Judge. The valuer was a trained expert on all questions of land value, and he only could decide what was good estate management.
remarked that the charge of causing a certain amount of obstruction had been brought against the Opposition; but the speech of the hon. and learned Member for Rugby was the most obstructionist speech that had been made in the course of the debate.
said that he did not suggest that County Court Judges were not perfectly competent to decide the questions at issue under this clause, but, although he should have perfect confidence in a County Court Judge—and he had had a little experience in matters of this kind—deciding the reasonableness or sufficiency of the removal, he thought arbitration was the better tribunal to settle the amount of compensation payable for disturbance. When the Bill was before the Grand Committee he proposed an Amendment dealing with the word "compensation," having in view the doctrine of the remoteness of damage. He was assured that it was unnecessary to discuss that question, because the tribunal to settle the matter would be an arbitrator and not a Judge. As was well known, an arbitrator was not bound so hard and fast by legal doctrines as a County Court Judge or a High Court Judge in regard to the remoteness of damage. In consequence of that assurance he withdrew his Amendment. If a claim under the section came before a Judge of the County Court or of the High Courts, they would find that nearly every kind of damage that could be suggested would be held to be not recoverable on account of the doctrine of remoteness of damage, whereas if an arbitrator dealt with it he had a more ready and more satisfactory way of assessing such damage. In deciding this matter they ought not to lose sight of this exceedingly dangerous limitation as to what constituted recoverable damage.
said he had not the slighest doubt as to the competency of the Judges or the brilliancy of advocates, but he did say that in the Judges' Courts it was as a rule impossible for the parties to get any justice, because it was not justice when costs were more than the matter was worth; therefore, the tribunal which the Bill proposed to set up was a step in the right direction. There would be a competent man to investigate the case himself, to go upon the land, and be both Judge and witness in his own person. That was what was wanted in this and many other matters before there would be anything approaching simple justice in this country.
Amendment negatived.
Amendment proposed to the Bill—
"In page 3, line 31, to leave out the words 'as hereinbefore provided.'" —(Mr. Lambert.)
Amendment agreed to.
moved an Amendment to add at the end of Clause 5, the words "Any compensation paid under this section by the landlord, being a tenant for life or other limited owner of settled laud, may be repaid to him by the trustees of the settlement out of capital monies in their hands." He did not desire to take up the time of the House by discussing this Amendment or going to a division if the Government would not accept it; but it occurred to him that circumstances might arise in which, however arbitrarily the landlord acted as between himself and the tenant, it might be that his action was for the benefit of the estate and the Amendment would in such circumstances allow the tenant for life to be recouped for his outlay under the section.
seconded.
Amendment proposed to the Bill—
"In page 3, line 1, at the end, to insert the words-'Any compensation paid under this section by the landlord, being a tenant for life or other limited owner of settled land, may be repaid to him by the trustees of the settlement out of capital monies in their hands.' "— (Mr. Bertram.)
Question proposed, "That those words be there inserted in the Bill."
said the Government could not accept the Amendment as it was outside the scope of the clause, and raised matters which ought to be considered when the Statutes of 1883 to 1900 were considered.
said many cases might arise where a man who was only a tenant for life might find great difficulty in procuring the necessary funds for the purpose of compensating the tenants; and, in reality, this particular charge put upon the landlord was very much in the nature of a capital charge.
said the section of the Act of 1883 did not touch the difficulty they had to face. He agreed that if the tenant for life was guilty of the conduct which made this clause applicable he ought to pay out of his own interest, but there were a great many cases in the part of England where he came from in which the existing tenants for life had not got the money out of which they could pay. In the great majority of those cases debts had been created by their fathers and grandfathers, very often for estate development and the improvement of the farms,; and there were many properties the fee simple of which was not equivalent to the money spent by the tenant for life in his endeavour to improve them. In a case of that kind, out of what monies was the compensation to be paid?
asked leave to withdraw his Amendment.
Amendment, by leave, withdrawn.
moved the omission of Clause 6 on the ground that it was retrospective. The Market Gardeners' Compensation Act was passed by a Radical Government.
said the Act was brought in by a Conservative.
said the Act was passed in April of 1895, and the Conservative Party did not come into office until July or August, 1895, The Act of 1895 expressly provided in Clauses 3 and 4 that there should be no retrospective interest. This Bill, brought forward eleven years after the passing of that Act proposed to enact that tenants of market gardens, or their executors, might go back to 1874 and claim from landlords compensation for improvements when the landlords were under the impression that they had no liability. It seemed to him that folly on the part of hon. Gentlemen opposite could not go further than that. It was almost inconceivable that hon. Gentlemen could be so foolish. What security was left. in any property at all if they were going to bring in Bills to say that people were to have compensation for something that occurred thirty-two years ago? Who was to prove what happened then? There was no excuse for this proposal on the ground that hardship had arisen from fraud on the part of anyone, or that something was done to induce the tenant to enter into a foolish bargain. The only reason he could make out for this proposal was that the landlord was a wicked man, and that anything that could be done to injure him was a good thing.
seconded the Amendment.
Amendment proposed to the Bill—
"In page 3, line 32, to leave out Clause 6." —(Sir Frederick Banbury.)
Question proposed, "That the words of lines 32 and 33 stand part of the Bill."
said the Government did not propose this Clause because the landlord was a wicked person. He supposed a landlord looked after his own interest as other people did. The Departmental Committee which was presided over by a gentleman of unimpeachable Tory instincts reported in favour of this proposal. In Scotland a decision was given by the Courts some years ago to the effect that the improvements for which a tenant was entitled to claim compensation must have been executed after the passing of the Act of 1895. He was not entitled to bring an action for compensation for improvements made before the passing of that Act. [An HON. MEMBER: Good law.] It might be a very good thing, but the Government thought it was wrong, and it was to set that right and to give effect to the recommendation of the Departmental Committee that this clause was proposed.
said he had received a letter from the hon. and gallant Member for the Evesham Division of Worcestershire, who had taken a special interest in this subject. The hon. Member had been suddenly laid up by illness and he was very anxious that his opinion on a point in which he was interested should be made known. The hon. Member wrote that the Departmental Committee were unanimously of opinion that the Act of 1895 only broke down in consequence of a legal flaw in regard to the question of compensation, and that they were also of opinion that the Act should be amended.
supported the decision arrived at by the Committee upstairs. The hon. Baronet the Member for the City of London thought the Government were foolish in proposing this Clause. He was pleased to find that the Government intended to stand by it. The Act of 1895 had been a great boon to the market gardeners.
said he had always been rather adverse to the clause on account of the peculiar character of the conditions in it. His objection had been removed by the argument of the Solicitor-General for Scotland that it was in accordance with the re- commendation of the Departmental Committee. He hoped the hon. and learned Gentleman would be equally ready to carry out the recommendations of that Committee in regard to other matters dealt with in the Bill.
said the point before the House was really a very small one. The improvements dealt with by the Act of 1895 were only those which the market gardener had made with the knowledge of the landlord. If the tenant had been executing anything wrong the landlord had a right to object to it. He hoped his hon. friend would withdraw the Amendment.
said it was necessary to vote on the Question as put from the Chair, as he had given notice of a drafting Amendment to omit lines 32 and 33.
Question, "That lines 32 and 33 stand part of the clause"—put, and negatived.
Amendment proposed to the Bill—
"In page 3, line 35, to leave out from, '1895,' to the end of the clause, and insert the words, 'and section four of The Market Gardeners' Compensation (Scotland) Act, 1897, shall apply to improvements executed either before or after the dates of the commencement of those Acts respectively if executed after the holding commenced to be in use or cultivation as a market garden with the knowledge of the landlord.' "— (Sir Edward Strachey.)
Question proposed, "That the words proposed to be left out to the word 'at' in line 38, stand part of the Clause."
said he should like to know what was the difference between the new clause and the old one. He really did not know what was the Scottish Act which was to supersede the English Act.
said that the object of the Amendment was to make the clause equally applicable to England and Scotland.
Question put, and negatived.
Proposed words there inserted in the Bill.
Subsequent words of Clause 6 left out of the Bill.
said that, in moving to leave out Clause 7, he wished to say that since the Bill had been brought before the House the Amendments to this clause to be proposed on behalf of the Government would modify to a certain extent his objection to it. He thought, however, that those who opposed the Bill had been treated all through with rather scant courtesy by the Government, because Amendments had been put down on the Paper without giving proper opportunity to hon. Members to consider their full effect. It seemed to him that even after the clause was amended as proposed by the Government the tenant might still have the opportunity of entirely altering the whole character of the holding without obtaining the consent of the landlord. If the holding was turned into an orchard, or a fruit farm, unless the alteration effected really constituted an improvement the arbitrator would not allow compensation, but what would be the position of the landlord if the experiment turned out a complete failure? The landlord would have the holding on his hands completely ruined, the tenant was broken, and all that would be left to the landlord would be to restore the farm at considerable cost to a course of ordinary cropping, which might take three or four years. He thought, therefore, that anyone would say that from a landlord's point of view this was not a fair clause. But it would also inflict a great hardship on many tenants. For years past on all well managed estates, and the vast majority of them were well and creditably managed, it had been the duty of the landlord to carry out ordinary repairs. It was now suggested by this clause that that duty should be taken from the landlord and put on the tenant. If this clause was passed many landlords would be severely tempted to say to the tenant. "You can do these repairs yourself, and charge them to me." In that way the landlord would be able to effect, especially in cases of succession considerable economy. When it was pointed out to farmers that the effect of this Land Tenure Bill when passed would be that they were to have the duty of executing repairs, and of spending their capital in maintaining buildings, they would not think that they had any cause to be grateful to the Party which passed it. The hon. Member who represented the Board of Agriculture had in the course of speeches dwelt upon the fact that there were a number of cases in which the landlord would not do so much for his tenants. He granted that that might be the case on estates which were under trustees, or mortagees, or colleges; but surely it would be a hardship to penalise the thousands of tenants farming under good landlords for the sake of penalising a smalll minority of tenants farming under bad landlords. What he was afraid of was that, if this clause were passed, in a very short time the landlords in England would be put in the position of the landlords in Ireland, and would completely throw the burden of repairs on to the tenants. He earnestly hoped that hon. Members on both sides of the House would consider seriously before they adopted a clause of this sort. For many years past on the great majority of estates in this country, good relations had prevailed between landlords and tenants, and he thought it would be the greatest mistake for the House to bring about a change in the system under which the landlord was always prepared to do his best for his tenants, and to substitute for it a system under which the landlord would become a mere rent-charger, or collector. He thought that that would lead to disaster.
seconded the Amendment. It had appeared to him for a long time past that this clause and Clause 5 were the most important clauses of the Bill. He regretted that up to the present His Majesty's Ministers had not let the House know at all what their feelings were about this clause. An Amendment on the Paper in the name of the hon. Baronet went a long way to meet the objections which they on that side had felt, but he had hoped that they would have some definite assurance from the hon. Baronet in charge of the Bill that the repairs to buildings alluded to in his Amendment were to be only ordinary and not structural repairs. He would give an instance of the difference. He knew of one case in which the tenant dealt in horses and he wanted some pig-sties, that were in need of repair, transformed into horse-boxes. The landlord replied that if the tenant wished this done it must be carried out at his (the tenant's) expense, as, though the boxes might be useful to the sitting tenant, they would be of no use to an incoming tenant who did not deal in horses. Accordingly the pig-sties were repaired but not transformed, and a few years afterwards the tenant told his landlord that he was quite right and he (the tenant) was quite wrong in the matter and he was glad the pig-sties had not been converted into horse-boxes. He admitted that where a tenant did carry out an improvement he should be compensated. But ordinary repairs as a rule could be done much cheaper by the landlord than by the tenant; though no doubt there were sometimes cases in which the landlord, being short of cash, asked the tenant to do the repairs and said he would allow for them when the tenant quitted the holding. There were other sub-sections of the Bill to which he had the greatest objection. Sub-sections (3), (4), and (5) were amongst these. Under them an estate might be completely transformed without the landlord having any say in the matter. Hon. Members had referred to the declarations of Chambers of Agriculture on this Bill, and he would like to draw their attention to the declarations of the Central Chamber of Agriculture. Sub-section (1) passed with a small majority, sub-section (2) was negatived by twenty-one to eleven, and, sub-sections (3), (4), and (5) were negatived altogether without anyone caring to vote in their favour. He thought that was a pretty intelligent opinion of the Chambers of Agriculture which hon. Members were so fond of quoting. He should like to refer to sub-section (3) which invited the tenant to plant orchards. A tenant might think that an orchard would prove remunerative but after having planted one he might have, through no fault of his own, to leave the holding in three or four years. It was quite possible for the orchard at the time he left to appear to be in a flourishing condition. The valuer might come round and say it was a very good orchard and improved the holding, but it was quite impossible to tell until the orchard trees had been growing for a considerable number of years whether they improved the holding or not. Apple trees, for instance, might look very well for three or four years, but after that period their roots might get down into a different subsoil, the trees might fail, and instead of improving the holding they might deteriorate it. He would like also to call attention to the claims of incoming tenants; for, although the tenant who was leaving might have had his particular fancy methods of farming it did not follow-that the incoming tenant would appreciate those methods. The House should look at the interests of incoming tenants, and they should also see that the landlord had some final decision as to how his | property was to be dealt with. He knew that as the result of this Bill being introduced various landlords had given notices to their tenants, because they found that under this clause their estates might be entirely transformed, and they felt they might grow into estates which they did not wish to hold. Therefore they intended to take the land over themselves; a policy which no one could blame them for adopting, but which would rot be to the advantage of the race of tenant farmers. He cordially supported the Motion of his hon. friend for the rejection of the whole clause.
Amendment proposed to the Bill—
"In page 4, line 4, to leave out Clause 7."—(Mr. Lane-Fox.)
Question proposed, "'The following improvements shall be' stand part of the Bill."
while he objected to the Motion to reject the whole clause, thought it would be convenient if he indicated the Amendments he proposed to move to the clause. It had been objected that there had not been sufficient notice of the Amendments, but as far as possible they appeared upon the Paper. There had been a certain amount of give and take in the discussion, and under these circumstances there could be no cause of complaint if it was found necessary to put down Amendments the night before the discussion came on. Subsections (1), (3), (4), and (5) would be omitted, so that the laying down of pasture, planting of orchards and fruit trees, planting of strawberries, and planting of asparagus, or other vegetable crops, which continued productive for two or more years, would disappear from the list of improvements for which the consent of the landlord would not be required. As to Clause 7 itself, his intention was in line 4 to leave out "two" and insert "three," and then to move "the following improvements shall be included under the Act of 1900." The object of doing that was to make the clause workable. Further, he would propose to leave out the subsection in reference to repairs and substitute—
If these Amendments of his were not carried the tenant would have under Part II of the schedule of the Agricultural Holdings Act of 1900, in the case, say, of drainage and other works, to give notice of his intention to execute repairs, and then the landlord would have not. less than two or three months in which to do them, which would not be reasonable, because it might be necessary to execute the repairs at once. For instance, suppose a cowshed had been blown down by a gale it would be necessary to repair it at once. Then, again, the landlord under Part II had the right to execute repairs and charge the tenant 5 per cent. or other interest which, with a sinking fund, would pay off the whole amount in twenty-five years. That was to say the landlord would be able as the Amendment stood now to charge the tenant for repairs which he ought to do himself. Therefore it was necessary to put in the Amendment which he proposed. He was just merely indicating what the Government proposed to do on this clause in order that he might facilitate matters, and when he got further on he would deal with particular points, such as why they did not consider it desirable that the planting of orchards should be left to the option of tenants alone. He himself could give instances as to why it was necessary to amend that. As a west countryman he had had a good deal of experience in planting orchards, and although at first it might seem that the orchard was satisfactory, in five or six years it might fail, simply because he had not taken the right kind of apple or selected the right aspect. He was quite ready to look into this matter, and he hoped, therefore, the House would allow the business to proceed."Repairs to buildings, being buildings necessary for the proper cultivation or working of the holding, other than repairs which the tenant is himself under an obligation to execute."
said the observations of the hon. Baronet were obviously satisfactory to those who would have opposed the clause if it had been in its original form, and therefore there was nothing to be said. He would only make one comment, namely, that it was obviously desirable in respect to such repairs to buildings as were indicated that it should be necessary to give notice to the landlord. He rejoiced that the Government had taken the line they had. because he himself was responsible for the passing of the Act of 1900. In the case of that Bill many consultations were held with practical agriculturalists all over the country, and as a result of those conferences the question was dealt with from a purely agricultural point of view. He was sure the Government had taken a wise course in adopting the Amendments suggested, because, however desirous they might be to give the occupier a full and fair return for his capital, they had no right by this Bill to allow a man to take a farm and turn it into a holding of a different kind and then if the experiment failed to call upon the landlord to compensate him.
said they were all grateful for the concessions that had been made. He wanted it made clear whether under this Amendment sub-sections (3), (4) and (5) went out or appeared in the Bill in some other form.
said they went out.
said he was glad the Government saw that it would be unwise to persist with regard to subsection (1). which was distinctly against the interests of the agricultural labourers, and he was glad they had been able to yield with regard to sub-section (3). It was, he thought, wise on the part of the Government now to acknowledge that they had agreed in respect to the last clause that the recommendations of the Committee upon Fruit Culture should be considered.
Amendment, by leave, withdrawn.
Amendment proposed—
"In page 4, line 4, toleave out 'two' and insert 'three' "—(Sir Edward Strachey.)
Amendment agreed to.
said he now moved the Amendment dealing with the question of repairs to buildings. The object of putting in these words was to safeguard the interests of the landlords and prevent them from being compelled to repair old barns, and so forth, which were not necessary owing to the laying down of permanent pasture. There were many such buildings on the land which were not necessary "for the proper cultivation of the soil," but which had been left because the tenant might be able to use them as cart sheds, and so forth. It would be a very hard thing to make a landlord keep in repair buildings which were not necessary. He begged to move.
Amendment proposed to the Bill—
"In page 4, to leave out lines 6 to 10, inclusive. and insert the words, 'Repairs to buildings, being buildings necessary for the proper cultivation or working of the holding, other than repairs which the tenant is himself under an obligation to execute.' "—(Sir Edward Strachey.)
Question, "That the words proposed to be left out stand part of the Bill," put, and negatived.
Question proposed, "That those words be there inserted in the Bill."
congratulated the hon. Baronet on the manner he had dealt with this important clause. He would like to ask whether the hon. Gentleman would consent to add that, such repairs should not include structural alterations and repairs. He did not suggest that on behalf of the landlords but on general grounds. He thought a tenant should not make structural alterations, because when the tenancy came to an end it might be difficult to say what the compensation should be.
moved to strike out the words "repairs which the tenant is himself under an obligation to execute," and to insert in their place "making good reasonable wear and tear." He thought the House would agree that in almost every clause of this Bill as it had been adopted they had been extremely careful to avoid nullifying those clauses by any agreement that might be forced upon the tenant by the landlord. If, however, the words he asked to have struck out were kept in it would be only necessary for the landlord to make a new lease insisting upon a clause including all repairs such as he himself might decide were necessary, and the consequence would be that it would entirely shut out any compensation for repairs. He had a historical precedent for the words "reasonable wear and tear," which were included in a famous Act passed a few years ago.
Amendment proposed to the proposed Amendment—
"To leave out all the words after the word ' than ' and add the words ' making good reasonable wear and tear.' "—(Mr. J. Ward.)
Question proposed, "That the words proposed to be left out stand part of the proposed Amendment to the Bill."
said the amount of repairs for which a tenant was himself liable were very small indeed. As a rule, the landlord did all repairs, but he did not think it was unreasonable that the tenant should do small repairs if asked to do so. He hoped the hon. Gentleman would not press the Amendment, because it would only complicate matters, and he really did not think it was necessary.
Question, "That the words proposed to be left out stand part of the proposed Amendment to the Bill," put, and agreed to.
Proposed words inserted in the Bill.
said he had handed in an Amendment the object of which was to safeguard the landowner against the tenant putting in an extremely expensive estimate for repairs, or no estimate. Under the Bill the tenant could make certain repairs to buildings, but he had to give notice to the landlord, who might admit that they had to be done and that the tenant had better get them done. All that the Amendment stipulated was that in such a case the tenant should give the landlord an estimate of the proposed cost. He hoped the hon. Baronet would safeguard this point in the Amendment which he proposed to make at the end of the clause, and in that case he would not move his own Amendment.
moved an Amendment to include in the clause the erection of hop kilns or other necessary buildings for the drying or curing of hops and all wire work or other permanent erections for the training of growing hops. A very large amount of capital was invested in hops, and although hops were a very speculative crop, he believed the Amendment would be equitable to both valuers and tenants.
seconded the Amendment, although he thought it would come better under a subsection dealing with the hop industry. He was afraid there was little chance of the Government's accepting the Amendment, but he wished to enter his protest on behalf of the farmers against the retreat the Government had made.
Amendment proposed to the Bill—
"In page 4, line 10, after the words last inserted, to insert the words, 'erections of hop kilns or other necessary buildings for the drying or curing of hops, and all wire work or other permanent erection for the training of growing hops.' "— (Col. Gardner.)
Question proposed, "That those words be there inserted in the Bill."
resisted the Amendment on the ground suggested by the mover, namely, that the cultivation of hops was very speculative, and that it would be unfair to say to the landlord, "Heads I win, tails you lose" in this matter.
Question put, and negatived.
Amendment proposed—
'In page 4, to leave out line 11.—(Mr. Abel Smith.)
Question proposed, "That the words proposed to be left out stand part of the Bill."
accepted the Amendment. He agreed that the planting of orchards was one of those matters for which it was very necessary the consent of the landlord should be obtained. Not only was it a mode of cultivation which was very expensive, but a great deal of knowledge was required, and it was several years before one knew whether an orchard was going to be a success or not. The arbitrator would naturally have no means of knowing how it would turn out in the next four or five years, and he would have in the circumstances to give the tenant very full compensation. After six or seven years it might be found that what the landlord had paid a heavy valuation for was of really no value at all from the paying point of view. It might look very well as a small plantation, but from the point of view of the incoming tenant it would be of no value. It was for that reason that the Government accepted this Amendment.
did not see why a man should not be allowed to make experiments in fruit farming in England at his own expense. If he was not successful, the landlord had his remedy against him. He thought the Government had made concessions to the representatives of the landlord class which they ought never to have done, and he protested against it.
Question put.
AYES.
| ||
| Abraham, William (Rhondda) | Hardie, J. Keir ( Merthyr Tydvil) | Price, Robert John(Norfolk, E.) |
| Armitage, R. | Harwood, George | Raphael, Herbert H. |
| Baring, Godfrey (Isle of Wight) | Haslam, James (Derbyshire) | Rendall, Athelstan |
| Barnes, G. N. | Hedges, A. Paget | Richards, A. F.(Wolverhampt'n) |
| Billson, Alfred | Henderson, Arthur(Durham) | Roberts, G. H. (Norwich) |
| Black, Arthur W. (Bedfordshire) | Herbert, T. Arnold (Wycombe) | Rowlands, J. |
| Burnyeat, W. J. D. | Houston, Robert Paterson | Scott, A. H. (Asbton under Lyne) |
| Byles, William Pollard | Hudson, Walter | Shackleton, David James |
| Clynes, J. R. | Idris, T. H. W. | Smith, F. E. (Liverpool, Walton) |
| Cobbold, Felix Thornley | Jowett, F. W. | Snowden, P. |
| Cooper, G. J. | Kelley, George D. | Taylor, John W. (Durham) |
| Davies, Timothy (Fulham) | Lyncl, H. B. | Tennant, Sir Edward(Salisbury) |
| Duncan, C. (Barrow- in- Furness) | Marks, G. Croydon (Launceston) | Walsh, Stephen |
| Dunn, A. Edward (Camborne) | Morgan, G. Hay (Cornwall) | Ward, John (Stoke upon Trent) |
| Gill, A. H. | Morton, Alpheus Cleophas | Wilson, W. T. (Westhoughton) |
| Glover, Thomas | Nicholson, Chas. N. (Doncaster) | |
| Grant, Corrie | O'Grady, J. | TELLERS FOR THE AYES—Mr. |
| Greenwood, G. (Peterborough) | Parker, James (Halifax) | Edmund Lamb and Mr. |
| Hall, Frederick | Pickersgill, Edward Hare | Wedgwood. |
NOES.
| ||
| Abraham, Wm. (Cork, N. E.) | Brunner, Rt. Hn. Sir J. T. (Chesh.) | Dewar, John A. (Inverness sh.) |
| Acland, Francis Dyke | Bryce, Rt. Hn. James(Aberdeen) | Dickinson, W.H.(St. Pancras, N) |
| Acland-Hood, Rt. Hn. Sir Alex. F | Bryce, J. A. (Inverness Burghs) | Dillon, John |
| Ainsworth, John Stirling | Buckmaster, Stanley O. | Douglas, Rt. Hon. A. Akers |
| Allen, A. Acland (Christchurch) | Burns, Rt. Hon. John | Duckworth, James |
| Allen, Charles P. (Stroud) | Burt, Rt. Hon. Thomas | Duncan, J. H. (York, Otley) |
| Anson, Sir William Reynell | Butcher, Samuel Henry | Dunne, Major E. Martin(Walsall) |
| Ashley, W. W. | Campbell-Bannerman, Sir H. | Edwards, Clement (Denbigh) |
| Asquith, Rt. Hn. Herbert Henry | Carlile, E. Hildred | Edwards, Enoch (Hanley) |
| Aubrey-Fletcher, Rt. Hn. Sir H | Carson, Rt. Hon. Sir Edw. H. | Edwards, Frank (Radnor) |
| Baker, Sir John (Portsmouth) | Causton, Rt. Hn. Richard Knight | Elibank, Master of |
| Baker, Joseph A.(Finsbury, E.) | Cave, George | Erskine, David C. |
| Balcarres, Lord | Cavendish, Rt..Hn. Victor C. W. | Eve, Harry Trelawney |
| Banner, John S. Harmood- | Cecil, Evelyn (Aston Manor) | Everett, R. Lacey |
| Baring, Hon. Guy (Winchester) | Cecil, Lord E. (Marylebone, E.) | Faber, G. H. (Boston) |
| Barlow, John Emmott (Somerset) | Cheetham, John Frederick | Fell, Arthur |
| Barran, Rowland Hirst | Cherry, Rt. Hon. R. R. | Fenwick, Charles |
| Barry, E. (Cork, S.) | Clarke, C. Goddard | Ferens, T. R. |
| Beach, Hn. Michael Hugh Hicks | Cleland, J. W. | Ferguson, R. C. Munro |
| Beale, W. P. | Clough, William | Ffrench, Peter |
| Beauchamp, E. | Coates, E. Feetham (Lewisham) | Fiennes, Hon Eustace |
| Beaumont, Hn. H. (Eastbourne) | Cochrane, Hon, Thos. H. A. E. | Finch, Rt. Hon. George H. |
| Beaumont, Hn. W. C. B. (Hexh'm) | Collins, Sir Wm. J. (S. Pancras, W) | Findlay, Alexander |
| Beck, A. Cecil | Corbett, A. Cameron (Glasgow) | Flavin, Michael Joseph |
| Bell, Richard | Corbett, C. H (Sussex, E. Grinstd) | Fletcher, J. S. |
| Bellairs, Carlyon | Corbett, T. L.(Down, North) | Forster, Henry William |
| Benn, Sir J. Williams (Devonp'rt) | Cornwall, Sir Edwin A. | Freeman-Thomas, Freeman |
| Benn, W.(T'w' rHamlets, S. Geo.) | Cory, Clifford John | Fuller, John Michael F. |
| Bennett, E. N. | Cotton, Sir H. J. S. | Fullerton, Hugh |
| Berridge, T. H. D | Couthope, G. Loyd | Furness, Sir Christopher |
| Bertram, Julius | Cowan, W. H. | Gibb, James (Harrow) |
| Bethell, Sir J. H.(Essex, Romf'rd) | Cox, Harold | Gibbs, G. A. (Bristol, West) |
| Bethell, T. R. (Essex, Maldon) | Craig, Chas. Curtis (Antrim, S.) | Ginnell, L. |
| Bignold, Sir Arthur | Craik, Sir Henry | Gladstone, Rt. Hn. Herbert John |
| Bolton, T. D. (Derbyshire, N. E.) | Cremer, William Randal | Glendinning, R. G. |
| Boulton, A. C. F. (Ramsey) | Crooks, William | Greenwood, Hamar (York) |
| Bowles, G. Stewart | Crosfield, A. H. | Grey, Rt. Hon. Sir Edward |
| Boyle, Sir Edward | Cross, Alexander | Guest, Hon. Ivor Churchill |
| Bramsdon, T. A. | Crossley, William J. | Gulland, John W. |
| Branch, James | Dalziel, James Henry | Gwynn, Stephen Lucius |
| Bridgeman, W. Clive | Davies, Ellis William (Eifion) | Haldane, Rt. Hon. Richard B. |
| Brigg, John | Davies, M. Vaughan- (Cardigan) | Hamilton, Marquess of |
| Brocklehurst, W. B. | Davies, W. Howell (Bristol, S.) | Hardy, George A. (Suffolk) |
| Brunner, J. F. L.(Lancs., Leigh) | Delany, William | Hardy, Laurence(Kent, Ashford) |
The House divided:—Ayes, 53; Noes, 321. (Division List No. 408.)
| Harmsworth, Cecil B. (Worc'r.) | Micklem, Nathaniel | Smith, Abel H. (Hertford, East) |
| Harrison-Broadley, Col. H. B. | Mond, A. | Smith, Hon. W. F. D. (Strand) |
| Hart-Davies, T. | Montgomery, H. G. | Smyth, Thomas P. (Leitrim, S.) |
| Harvey. A. G. C. (Rochdale) | Mooney, J. J. | Soames, Arthur Wellesley |
| Hay, Hon. Claude George | Morrell, Philip | Spicer, Sir Albert |
| Hayden, John Patrick | Morse, L. L. | Stanger. H. Y. |
| Heaton, John Henniker | Murphy, John | Starkey, John R. |
| Helme, Norval Watson | Myer, Horatio | Staveley-Hill, Henry (Staff'sh,) |
| Helmsley, Viscount | Napier, T. B. | Steadman, W. C. |
| Henderson, J. M. (Aberdeen, W.) | Nicholls, George | Stewart, Halley (Greenock) |
| Henry, Charles S. | Nicholson, Win. G. (Petersfield) | Stewart-Smith, D. (Kendal) |
| Herbert, Col. Ivor (Mon., S.) | Nolan, Joseph | Strachey, Sir Edward |
| Higham, John Sharp | Norton, Capt. Cecil William | Straus, B. S. (Mile End) |
| Hills, J. W. | Nussey, Thomas Willans | Strauss, E. A. (Abingdon) |
| Hobart, Sir Robert | Nuttall, Harry | Stuart, James (Sunderland) |
| Hodge, John | O'Brien, Kendal (Tipperary Mid) | Sullivan, Donal |
| Hogan, Michael | O'Brien, Patrick (Kilkenny) | Summerbell, T. |
| Holden, E. Hopkinson | O'Connor, John (Kildare, N.) | Sutherland. J. E. |
| Horniman, Emslie John | O'Connor, T. P. (Liverpool) | Thomas, David Alfred (Merthyr) |
| Horridge, Thomas Gardner | O'Donnell, T. (Kerry, W.) | Thomasson. Franklin |
| Howard, Hon. Geoffrey | O'Dowd, John | Thompson, J. W. H. (Somerset, E.) |
| Hyde, Clarendon | O'Kelly, Conor (Mayo, N.) | Thornton. Percy M. |
| Isaacs. Rufus Daniel | O'Kelly, Jas. (Roscommon, N.) | Tillett, Louis John |
| Jackson, R. S. | O'Malley, William | Tomkinson, James |
| Jenkins, J. | O'Neill, Hon. Robert Torrens | Torrance, Sir A. M. |
| Johnson, John (Gateshead) | O'Shaughnessy, P. J. | Ure, Alexander |
| Johnson, W. (Nuneaton) | O'Shee, James John | Valentia. Viscount |
| Jones, William (Carnarvonsh.) | Partington, Oswald | Verney. F. W. |
| Joyce, Michael | Paul, Herbert | Vivian. Henry |
| Kekewich, Sir George | Paulton, James Mellor | Wadsworth, J. |
| Kennaway, Rt. Hn. Sir John H. | Pearce, Robert (Staffs. Leek) | Walker, H. De R. (Leicester) |
| Kenyon-Slaney, Rt. Hn. Col. W | Pearson, Sir W. D. (Colchester) | Walton,.Sir John L. (Leeds, S.) |
| Kimber, Sir Henry | Pease, Herbert Pike (Darlington) | Walton, Joseph (Barnsley) |
| Kincaid-Smith, Captain | Percy, Earl | Ward, W. Dudley (Southampt'n) |
| King, Alfred John (Knutsford) | Philipps, J. Wynford (Pembroke) | Warde, Col. C. E. (Kent, Mid) |
| Laidlaw, Robert | Philipps, Owen C. (Pembroke) | Wason, John Cathcart (Orkney) |
| Lamb, Ernest H. (Rochester) | Price, Duncan V. | Waterlow. D. S. |
| Lambton. Hon. Frederick Wm. | Price, C. E. (Edinb'gh, Central) | Watt, H. Anderson |
| Lamont, Norman | Radford, G. H. | Whitbread. Howard |
| Lane-Fox, G. R. | Randles, Sir John Scurrah | White, J. D.(Dumbartonshire) |
| Law, Hugh A. (Donegal, W.) | Rasch, Sir Frederic Carne | White, Luke (York, E. R.) |
| Layland-Barratt, Francis | Rawlinson, John Frederick Peel | White. Patrick (Meath, North) |
| Lehmann, R. C. | Rea, Russell (Gloucester) | Whitehead, Rowland |
| Lever, A. Levy (Essex, Harwich) | Rea, Walter Russell (Scarboro') | Whitley, J. H. (Halifax) |
| Lever, W. H. (Cheshire, Wirral) | Redmond, John E. (Waterford) | Whittaker, Sir Thomas Palmer |
| Levy, Maurice | Redmond, William (Clare) | Williams.,J. (Glamorgan) |
| Lewis, John Herbert | Rees, J. D. | Williamson. A. |
| Long, Rt. Hn. Walter (Dublin, S.) | Richardson, A. | Wills, Arthur Walters |
| Lough, Thomas | Rickett, J. Compton | Wilson, Hn. C. H. W. (Hull, W.) |
| Lundon, W. | Ridsdale, E. A. | Wilson, Henry J. (York, W. R.) |
| Lupton, Arnold | Roberts, John H. (Denbighs.) | Wilson, John (Durham, Mid) |
| Lyell, Charles Henry | Roberts, S. (Sheffield, Ecclesall) | Wilson, J. H. (Middlesbrough) |
| Macdonald, J. M. (Falkirk B'ghs) | Robertson, Rt. Hn. E. (Dundee) | Wilson, J. W. (Worcestersh. N.) |
| Mackarness, Frederic C. | Robertson, J. M. (Tyneside) | Winfrey, N. |
| Maclean, Donald | Robinson, S. | Wodehouse. Lord (Norfolk, Mid) |
| MacNeill, John Gordon Swift | Robson, Sir William Snowdon | Wyndham, Rt. Hon. George |
| MacVeagh, Jeremiah (Down, S.) | Roe, Sir Thomas | Young, Samuel |
| MacVeigh, Chas. (Donegal, E.) | Rogers, F. E. Newman | Younger, George |
| M'Callum, John M. | Ropner, Colonel Sir Robert | Yoxall, James Henry |
| M'Crae, George | Rutherford, V. H. (Brentford) | |
| M'Kean, John | Samuel, Herbert L. (Cleveland) | TELLERS FOR THE NOES—Mr. |
| M'Kenna, Reginald | Scott, Sir S. (Marylebone, W.) | Whiteley and Mr. J. A. |
| M'Killop, W. | Shipman, Dr. John G. | Pease. |
| M'Micking, Major G. | Silcock, Thomas Ball | |
| Massie, J. | Smeaton, Donald Mackenzie |
Amendment proposed to the Bill—
"In page 4, 10 leave out line 12."—(Mr. Abe Smith.)
Question proposed, "That the words proposed to on left out stand part of the Bill."
said that in agreeing to accept this Amendment they were supported by the view expressed by both the Chamber of Agriculture of England and the Scottish Chamber of Agriculture.
said as he understood the matter the proposal to omit sub-section (4) came from the landlords' side of the House. It appeared that the Government were now going to adopt it, although it was not fair to the Liberal Members that they should have adopted it at the last moment, and without notice on the Paper or any notice to their supporters. The assumption therefore was that the Government had been "nobbled" by the landlord Party on both sides of the House, and that they, the Liberal Party, were expected to agree. This was not a Government Amendment, and the Government had no business at the last moment to make the acceptance of the Amendment a Government question. Therefore, he asked as a matter of right to the Liberal Members that the Government should leave it an open question, for otherwise when the two front benches came to an arrangement, as apparently they had done that night, the Liberal Members would find themselves between the devil and the deep sea— which was the one and which the other he did not know. All he knew was that it was a hopeless case for the Liberal cause in this country when the two front benches joined up.
joined in the appeal which had been made to the Government to permit this to be an open question, and complained of the whittling down of the clause.
claimed to; represent a part of the country which had great interest in the kind of agriculture in which brains came in. He knew that the farmers wanted a greater amount of freedom than they possessed. The Government had supported this clause, and while some of them had not sought to extend its operation because they wished to get the Bill through, he thought they ought to have an opportunity of expressing an opinion in favour of the freedom of the cultivator. He was tired of hearing the cultivator talked about as if he were some big boy; he put into the land not only his intellect but his capital, and he was sure he was quite capable of taking care of them.
said that strawberry-growing did not add largely to the intrinsic value of the land. The plant gave fruit two years after planting, and only lasted five years, when replanting was necessary. It was a very capricious crop, but still a number of small farmers had in his constituency started a small trade, and were sending up strawberries to town twice a day, and there was in his judgment no danger to the landlord. He himself was a small landowner, and he had not the slightest objection to his tenants planting strawberries. He agreed, however, about orchards requiring time to see if they developed, but he was surprised at the Government giving way in regard to strawberries.
supposed everybody in the House thought he knew something about growing strawberries. He represented a constituency in the Midlands, and there they found that the strawberries grew best in a place which faced north or in a place which faced south. The reason was that the fruit came on early if the plants faced south and late if they faced north, and so a glut in the market was avoided. It was a most speculative business, and this proposal would allow any tenant farmer to embark upon this industry in the wilds of the country far away from railways and the labour necessary to pick the crop, and when it proved to be a failure to call upon the landlord to pay for the outlay upon it. This clause of the Bill was of a speculative character, and he could not think that hon. Members would wish that speculation should be introduced into the farming industry, and that so far as the landlord was concerned he should lose heavily if the speculation turned out to be a failure. He thought that this clause ought to be omitted.
said it could not be reasonably suggested that the ordinary tenant would plant strawberries in the wilds of our rural districts where there was no one to pick them, and then call upon his landlord to pay for his loss, because the first principle of the Agricultural Holdings Act was that the landlord was not to be called upon to pay compensation in respect of crops which were a failure. If strawberries were going to be grown successfully the land had to be manured far
AYES.
| ||
| Abraham, Wm. (Cork, N.E.) | Gwynn, Stephen Lucius | O'Shaughnessy, P. J. |
| Abraham, William (Rhondda) | Hall, Frederick | O'Shee, James John |
| Allen, Charles P. (Stroud) | Hardie, J. Keir (Merthyr Tydvil) | Parker, James (Halifax) |
| Armitage, R. | Hardy, George A. (Suffolk) | Pickersgill, Edward Hare |
| Baring, Godfrey (Isle of Wight) | Harwood, George | Pike, C. E. (Edinb'gb, Central) |
| Barnes, G. N. | Haslam, James (Derbyshire) | Price, Robert John(Norfolk, E.) |
| Barran, Rowland Hirst | Hayden, John Patrick | Raphael. Herbert H. |
| Barry, E. (Cork, S.) | Hedges, A. Paget | Redmond. John E. (Waterford) |
| Beauchamp. E. | Hodge, John | Redmond. William (Clare) |
| Beck, A. Cecil | Hogan, Michael | Rendall, Althestan |
| Bell, Richard | Hudson, Walter | Richards, T.F. (Wolverh'mpt'n |
| Belloc, Hilaire Joseph Peter R. | Idris, T. H. W. | Richardson. A. |
| Black, Arthur W. (Bedfordshir) | Jenkins, J. | Rickett, J. Compton |
| Bolton, T.D. (Derbyshire, N. E.) | Johnson, John (Gateshead) | Roberts. Chas. H. (Lincoln) |
| Boulton, A. C. F. (Ramsey) | Johnson, W. (Nuneaton) | Roberts. G. H. (Norwich) |
| Branch, James | Jowett, F. W. | Robertson. J. M. (Tyneside) |
| Brunner, J.F.L.(Lancs., Leigh) | Joyce, Michael | Rowlands. J. |
| Brunner, Rt. Hn. Sir J.T.(Chesh.) | Kelley, George D. | Rutherford, V. H. (Brentford) |
| Burnyeat, W. J. D. | King, Alfred John (Knutsford) | Scott, A. H. (Ashtonunder Lyne) |
| Burt, Rt. Hon. Thomas | Laidlaw, Robert | Seddon, J. |
| Byles, William Pollard | Lamb, Edmund G.(Leominster) | Shackleton, David James |
| Clough, William | Law, Hugh A. (Donegal, W.) | Silcock. Thomas Ball |
| Clynes, J. R. | Lever, W. H. (Cheshire, Wirral) | Smyth. Thomas F. (Leitrim, S.) |
| Cobbold, Felix Thornley | Lundon, W. | Snowden, P |
| Cooper, G. J. | Lynch, H. B. | Soames. Arthur Wellesley |
| Cotton, Sir H. S. J. | Macdonald, J. M. (Falkirk B'ghs) | Steadman, W. C. |
| Crean, Eugeue | MacNeill, John Gordon Swift | Stewart, Halley (Greenock) |
| Cremer, William Randal | MacVeagh, Jeremiah (Down, S. | Strauss, E. A. (Abingdon) |
| Crooks, William | MacVeigh. Chas. (Donegal, E.) | Stuart. James (Sunderland) |
| Crosfield, A. H. | M'Callum, John M. | Sullivan. Donal |
| Cross, Alexander | M'Kean, John | Summerbell, T. |
| Dalziel, James Henry | M'Killop, W. | Taylor, John W. (Durham) |
| Davies, Ellis William (Eifion) | Marks, G. Croydon (Launceston) | Thomas. David Alfred ((Merthy) |
| Davies, Timothy (Fulham) | Meagher, Michael | Verney, F. W. |
| Delany. William | Micklem, Nathaniel | Vivian, Henry |
| Dickinson, W.H.(St. Paneras, N) | Montagu, E. S. | Wadsworth J. |
| Dillon, John | Montgomery. H. G. | Walsh, Stephen |
| Duncan, C. (Barrow-in-Furness | Mooney, J. J. | Waterlow, D. S. |
| Dunn, A. Edward (Camborne) | Morgan, G. Hay (Cornwall) | Watt, H. Anderson |
| Dunne, Major E. Martin (Walsall) | Morton, Alpheus Cleophas | Wedgwood. Josiah C. |
| Edwards. Clement (Denbigh) | Murphy, John | White, George (Norfolk) |
| Edwards. Enoch (Hanley) | Napier, T. B. | White. J. D. (Dumbartonshire) |
| Ffrench, Peter | Nicholls, George | White. Patrick (Meath, North) |
| Flavin, Michael Joseph | Nicholson, Chas. N. (Doncast'r) | Williams. J. (Glamorgan) |
| Fullerton, Hugh | Nolan, Joseph | Wilson, Henry J. (York, W. K.) |
| Furness. Sir Christopher | O'Brien, Kendal(Tipperary, Mid | Wilson, John (Durham, Mid) |
| Gibb, James (Harrow) | O'Brien, Patrick (Kilkenny) | Wilson. W. T. (Westhoughton) |
| Gill, A. H. | O'Connor, John (Kildare, N.) | Winfrey. R. |
| Ginnell, L. | O'Connor, T. P. (Liverpool) | Young, Samuel |
| Glendinning, R. G. | O'Donnell, T. (Kerry, W.) | |
| Glover, Thomas | O'Dowd, John | TELLERS FOR THE AYES—Mr. |
| Grant, Corrie | O'Grady, J. | John Ward and Mr. Arthur |
| Greenwood, G. (Peterborough) | O'Kelly, James(Roscommon, N | Henderson. |
| Greenwood, Hamar (York) | O'Malley, William | |
more than for any other crops, and a great deal of money had to be spent. He thought therefore that strawberries should be put into Part III., and that the Government should accept the Amendment of hon. Members who knew something about strawberries.
Question put.
The House divided:—Ayes, 151; Noes, 231. (Division List No. 409).
| Acland, Francis Dyke | Dewar, John A. (Inverness-sh.) | M'Kenna, Reginald |
| Acland-Hood, Rt. Hn. Sir Alex. F | Doughty, Sir George | M'Micking, Major G. |
| Ainsworth, John Stirling | Duncan, J. H. (York, Otley) | Massie, J. |
| Allen, A. Acland (Christchurch) | Edwards, Frank (Radnor) | Menzies, Walter |
| Anson, Sir William Reynell | Elibank, Master of | Mildmay, Francis Bingham |
| Arkwright, John Stanhope | Erskine, David C. | Mond, A. |
| Ashley, W. W. | Eve, Harry Trelawney | Morrell, Philip |
| Asquith, Rt. Hn. Herbert Henry | Everett, R. Lacey | Morse, L. L. |
| Atherley-Jones, L. | Faber, George Denison (York) | Myer, Horatio' |
| Aubrey-Fletcher, Rt. Hn. Sir H. | Fell, Arthur | Nicholson, Wm. G. (Petersfield) |
| Baker, Sir John (Portsmouth) | Fenwick, Charles | Norman, Sir Henry |
| Baker, Joseph A. (Finsbury, E. | Ferens, T. R. | Norton, Capt. Cecil William |
| Balcarres, Lord | Ferguson, R. C. Munro | Nussey, Thomas Willans |
| Balfour, Rt. Hn. A. J. (City Lond. | Fiennes, Hon. Eustace | Partington, Oswald |
| Banner, John S. Harmood- | Finch, Rt. Hon. George H. | Paul, Herbert |
| Baring, Hon. Guy (Winchester) | Findlay, Alexander | Paulton, James Mellor |
| Beach, Hn. Michael Hugh Hicks | Fletcher, J. S. | Pearce, Robert (Staffs Leek) |
| Beale, W.P. | Forster, Henry William | Pearson, Sir W. D. (Colchester) |
| Beaumont, Hn. H.(Eastbourne) | Freeman-Thomas, Freeman | Philipps, J. Wyn ford (Pembroke |
| Beaumont, Hn. C. W. B. (Hexhm) | Fuller, John Michael F. | Philipps, Owen C (Pembroke) |
| Beckett, Hon. Gervase | Gibbs, G. A. (Bristol, West) | Pirie, Duncan V. |
| Bellairs, Carlyon | Gladstone, Rt. Hn. Herbert John | Radford, G. H. |
| Benn, Sir J. Williams (Devonprt) | Grey, Rt. Hon. Sir Edward | Rainy, A. Rolland |
| Benn, W.(T'w'r Hamlets, S. Geo. | Guest, Hon. Ivor Churchill | Rasch, Sir Frederic Carne |
| Bennett, E. N. | Gulland, John W. | Ratcliff, Major R. F. |
| Berridge, T. H. D. | Gurdon, Sir W. Brampton | Rawlinson, John Frederick Peel |
| Bertram, Julius | Haldane, Rt. Hon. Richard B. | Rea, Russell (Gloucester) |
| Bethell, Sir J.H. (Essex, Romfrd) | Hamilton, Marquess of | Rea, Walter Russell (Scarboro') |
| Bethell, T. R. (Essex, Maldon) | Hardy, Laurence(Kent, Ashford | Rees, J. D. |
| Bignold, Sir Arthur | Harmsworth, Cecil B. (Worc'r) | Ridsdale, E. A. |
| Billson, Alfred | Harrison-Broadley, Col. H. B. | Roberts, John H (Denbighs.) |
| Bowles G. Stewart | Hart-Davies, T. | Roberts, S. (Sheffield, Ecclesall) |
| Boyle, Sir Edward | Harvey, A. G. C. (Rochdale) | Robinson, S. |
| Bramsdon, T. A. | Hay, Hon. Claude George | Robson, Sir William Snowdon |
| Bridgeman, W. Clive | Heaton, John Henniker | Roe, Sir Thomas |
| Brigg John | Helmsley, Viscount | Rogers, F. E. Newman |
| Brocklehurst, W. B. | Henry, Charles S. | Ropner, Colonel Sir Robert |
| Bryce, Rt. Hn. James (Aberdeen | Herbert, Col. Ivor (Mon., S.) | Runciman, Walter |
| Bryce, J.A.(Inverness Burghs) | Herbert, T. Arnold (Wycombe) | Samuel, Herbert L. (Cleveland) |
| Buckmaster, Stanley O. | Higham, John Sharp | Scott, Sir S. (Marylebone, W. ) |
| Bums, Rt. Hn. John | Hills, J. W. | Shipman, Dr. John G. |
| Butcher, Samuel Henry | Hobart, Sir Robert | Sinclair, Rt. Hon John |
| Carlile, E. Hildred | Holland, Sir William Henry | Smeaton, Donald Mackenzie |
| Carson, Rt. Hon. Sir Edw. H. | Horniman, Emslie John | Smith, Abel H.(Hertford, East) |
| Causton, Rt. Hn. Richard Knight | Horridge, Thomas Gardner | Smith, F.E. (Liverpool, Walton |
| Cave, George | Houston, Robert Paterson | Smith, Hon. W. F. D (Strand) |
| Cavendish, Rt. Hon. Victor C.W | Howard, Hon. Geoffrey | Spicer, Sir Albert |
| Cecil, Evelyn (Aston Manor) | Hyde, Clarendon | Stanger, H. Y. |
| Cecil, Lord R. (Marylebone, E.) | Isaacs, Rufus Daniel | Starkey, John R. |
| Cheetham, John Frederick | Jackson, R. S. | Staveley-Hill, Henry (Staf'sh ) |
| Cherry, Rt. Hon. R. R. | Jones, Leif (Appleby) | Stewart-Smith, D. (Kendal) |
| Churchill, Winston Spencer | Jones, William (Carnarvonshire) | Strachey, Sir Edward |
| Clarke, C. Goddard | Kekewich, Sir George | Straus, B. S. (Mile End) |
| Cleland, J. W. | Kennaway, Rt. Hn. Sir John H. | Sutherland, J. E. |
| Coates, E. Feetham (Lewisham) | Kenyon-Slaney, Rt. Hn. Col. W | Tennant, Sir Edw. (Salisbury) |
| Coats, Sir T. Glen(Renfrew, W.) | Kincaid-Smith, Captain | Thomasson, Franklin |
| Cochrane, Hon. Thos. H. A. E. | Lamb, Ernest, H. (Rochester) | Thompson, J. W. H.(Sormerset, E |
| Collings, Rt. Hn. J.(Birmingh'm) | Lambert, George | Thornton, Percy M. |
| Collins, Sir Wm. J. (S. Pancras, W | Lambton, Hon. Frederick Wm. | Tillett, Louis John' |
| Corbett, A. Cameron (Glasgow) | Lamont, Norman | Tomkinson, James |
| Corbett, C.H (Susses, E. Grints'd | Lane-Fox, G. R. | Torrance, Sir A. M. |
| Corbett, T. L. (Down, North) | Layland-Barratt, Francis | Turnour, Viscount |
| Cornwall, Sir Edwin A. | Lehmann, R. C. | Ure, Alexander |
| Cory, Clifford John | Lever, A. Levy (Essex, Harwich | Valentia, Viscount |
| Courthope, G. Loyd | Levy, Maurice | Vincent, Col. Sir C. E Howard |
| Cowan, W. H. | Lewis, John Herbert | Walker, H. De R. (Leicester) |
| Cox, Harold | Long, Rt. Hn. Walter(Dublin, S. | Walton, Sir John L (Leeds S. ) |
| Craig, Chas. Curtis (Antrim, S.) | Lough, Thomas | Walton, Joseph (Barnsley) |
| Craik Sir Henry | Lupton, Arnold | Ward, W. Dudley (Southamptn) |
| Crossley, William J. | Lyell, Charles Henry | Warde, Col. C. E. (Kent Mid) |
| Davies, David (Montogmery Co) | Mackarness, Frederic C. | Wason, John Cathcart(Orkney) |
| Davies, M. Vaughan-(Cardigan | Maclean, Donald | Whitbread, Howard |
| Davies, W. Howell (Bristol, S.) | M'Crae, George | White, Luke (York, E. R ) |
| Whitehead, Rowland | Wilson, J. W.(Worcestersh, N.) | TELLERS FOR THE NOES—Mr. |
| Whitley, J. H. (Halifax) | Wodehouse, Lord (Norfolk, Mid) | Whiteley and Mr. J. A. |
| Whittaker, Sir Thos. Palmer | Wortley, Rt. Hon. C. B. Stuart | Pease. |
| Wills, Arthur Walters | Wyndham, Rt. Hon. George | |
| Wilson, Hn. C. H. W.(Hull,W.) | Yoxall, James Henry |
Amendment proposed to the Bill—
"In page 4, to leave out lines 13 and 14." —(Mr. Abel Smith.)
Question proposed, "That the words proposed to be left out stand part of the Bill."
in opposing the Amendment, appealed to the Government to allow Liberals to vote as they chose. He further appealed to the Government to give some reply to Liberal Members. The House was entitled to a reply, because when the Bill went through the Committee upstairs these sub-sections were left in the Bill. It must therefore be assumed that the Government had intended them to remain in. otherwise they would have moved to omit the clause upon report. Liberal Members did not oppose the Government; they had made great sacrifices in order to support the Government on every possible occasion. They stayed in the House on Monday to assist the Government when a large majority of Ministers were away asleep or otherwise employed, and the unpaid Members of the House were left to carry on the fight. Under those circumstances they were entitled to ask the Government to deal fairly and above-board with them. When they made an appeal, however humble they might be or however humble the Government might think them to be, they had a vote. It was that vote which had saved the agricultural labourers, and it was that vote which would save the Government when the time came. He submitted that the Government had no right to make these arrangements with the opposite Party without letting their supporters know in good time, so that they might be able to prepare against such a fatal event.
said the Government were supporting the view of the farmers in Scotland and England as expressed by the Central Chamber of Agriculture and the Scottish Chamber of Agriculture.
said he wanted the Government to support the Liberal Party in Scotland, not these Tory chambers.
could not see how the question of the "planting of asparagus, rhubarb, or other vegetable crops which continue productive for two or more years "could be considered as political. They were dealing with this question entirely from the point of view of fanners and practical agriculturists, and these chambers—representing people of every political view, Liberal and Conservative—had unanimously decided that it was right to leave out sub-section (5). The planting of asparagus, rhubarb, and other vegetable crops might entirely alter the character of a holding. If a man wished to farm in that way he should come under The Market Gardeners' Act. It was right that, in regard to such changes in the character of the holding, the landlord should be consulted. The Government were doing what they believed the agriculturists as a body desired in this matter.
thought the hon. Baronet had hardly appreciated the point which rural members were making. The Chambers of Agriculture had not met since the House adjourned last night. The Government had known all along what the Chambers of Agriculture wanted, and they had not put down on the Paper a single Amendment to deal with the question. A written Amendment had been handed in to the Chairman, and they wanted to know why that Amendment could not have been put down in the ordinary way a fortnight ago.
asked on a point of order whether the hon. Member was in order in turning his back on the Chair.
By the custom of the House all speeches should be addressed to the Chair. I should like to take this opportunity also of pointing out that I notice that some hon. Gentlemen have got into the habit of addressing lion. Members on the other side of the House as "you." When hon. Members are addressing hon. Members in other quarters of the House they should address them in the third person.
apologised for having inadvertently contravened one of the Rules of Order in turning to a quarter of the House where he thought his remarks would meet with more sympathy. The complaint hon. Members were making was that they were faced with an entirely new set of circumstances in respect to which they had had no notice. There were numerous Amendments proposed by hon. Members of the Opposition, and supporters of the Government had a right to some explanation as to why they had been accepted. They had expected to see these Amendments opposed by the Government, instead of which they had been treated to the spectacle of the Government Whips telling in the divisions in favour of Amendments of hon. Gentlemen opposite. Complaint had been made that hon. Gentlemen came into the House not knowing what was going on, but if any hon. Member attempted to attend regularly all the debates of the House he would soon become what the hon. Baronet had called an unconscious corpse.
said hon. Members felt very strongly upon this clause. The clause to be left out now was a simple one. The whole of the crops included were of such a character that they would, so far as compensation value was concerned, be out of existence in a short space of time. So that the argument that some drastic change was to be made did not hold water. He and those who thought with him were asking that this Bill should become law in something like the shape in which it left the Committee. From what had been said in the course of the debate one would have supposed that the Bill had been hurried through, but it had been before the House since 9th March, and taking all the occasions on which it had been debated it had been before the House for a longer period than any other Bill this session. It had been said that the Chambers of Agriculture had decided against this par- ticular clause, but at any rate they supported the Bill. That, however, did not stop hon. Gentlemen opposite fighting night after night against the provisions of a Bill with which the Central Chamber of Agriculture agreed. He appealed to the Government to let hon. Members know what the opinion of the Government was with regard to this matter. They had to look after the interest of their constituencies. They knew that intensive culture was the future of agriculture in this country as it had been proved to be in Norway and other countries, and he asked that the agriculturists of this country should be treated like men and allowed to conduct their industry in the way which in their wisdom they thought best.
said he rose to draw attention to one point which seemed to have been overlooked by every other speaker. Every Member of the House was interested not only in agriculture but also in manufacture. There was springing up in this country a new industry which would be increased very materially if the Government persisted in the line which they took in the Committee. He alluded to the manufacture of jam. All over this country there were springing up jam manufactories, and round those factories small farmers and of course the labourers were interested in, and commencing to engage in, the cultivation of raspberries, strawberries and other fruits. In Derbyshire during the last fire or six years two big jam manufactories had been started and in that neighbourhood acres of land had been laid down in strawberries, raspberries, and rhubarb. In the manufactories employment was found for girls, and men cultivated the fields. If the Government persisted in their action these industries would be injuriously affected and many of them would be destroyed.
said there was some confusion in the minds of hon. Members, They Lad passed in Clause 6 an Amendment to the Market Gardeners' Compensation Act which made it retrospective, and anybody who wished to plant jam-bearing plants—if he might use the expression, he was not an agriculturist—would find himself armed with the fullest powers under the Market Gardeners' Compensation Act as amended by this Bill. The inclusion of the amending clause in this Bill, which extended very largely the position of the tenant under the Market Gardeners' Compensation Act, was the justification of the Government for restricting Clause 7 with which they were dealing. They were anxious to do their best for the tenant. By putting this Bill in a workmanlike shape they felt they were doing more to secure the tenants the advantages of this Bill than by any other course they could take.
asked whether the tenants could execute these improvements after notice had been given to the landlords.
If they come under the Market Gardeners' Act.
said farmers could not take advantage of the Market Gardeners' Act because landlords would not let them market gardens. He had been supporting this Bill all through mainly on account of Clause 7, but, in an unlucky moment, he went to supper, and when he came back he found the greater part of the mischief done. He hoped, at any rate, the Government would not put their Whips on for the division. He knew what the result would be then. He would vote for including vegetables in the Act. He was sorry that strawberries and orchards had been already knocked out of the Bill. The effect would be that the landowner would be able to get more rent from land that was already rented at a very high rate.
rose to address the House and was greeted with cries of "Order!" He said the order in this House is in the Chair, and until the Speaker tells me I am out of order I shall not pay any attention to the shouts of hon. Members. The right hon. Gentleman the Member for East Worcestershire has had a long experience of the House, and ought to be the last person to shout "Order."
Is the hon. Gentleman entitled to speak twice on the same question on the Report stage? I submit that he has used his opportunity.
I was under the impression the hon. Gentleman had addressed me; he was under the impression he had not.
Now I know the fault I have committed I plead guilty.
said he understood the position in which they were now was that they were asked to prevent a tenant from growing rhubarb and asparagus if he wished to grow them, without the assent of his landlord. So far as he was concerned the question before the House was a political question. One section of the House desired to give the tenant freedom to cultivate the land to its best advantage, while the other section wished to give to the landlord power to say how it should be cultivated. Everybody knew that he was loath to vote against the Government in which he had profound faith. But it must be noted that in the division on the fruit trees Amendment there were only fifty-three against it, while afterwards, when the House filled up and the division was taken on the Amendment in reference to strawberries, the vote against that Amendment rose to 157. He ventured to say to his hon. friend in charge of the Bill that this was rather a serious matter, and that he ought to pay more attention to the wishes of so large a section of his supporters, and save them from the pain of once more voting against him.
said that it was quite a mistake to suppose that they were leaving leaseholders who planted strawberries without any benefit under this Act. Those who had carefully considered the drafting of the Bill would see that the third sub-section was really contained within the scope of the Market Gardeners' Compensation Act; and by passing the preceding clause a retrospective effect had been given to that Act. From the information given to him, there seemed to be no great difficulty in inducing a landlord to let his land as a market garden. [AN HON. MEMBER: Subject to an increased rent.] It was an error to suppose that by omitting the third sub-section they were depriving the farmer of compensation. They were simply leaving the farmer to get his compensation under another Act. An hon. Member had said that if a farmer used his land as a market garden he would be subjected to an increased rent. He did not think there was anything unreasonable in a re-adjustment of the rent, if the farmer wished to change the character of his holding.
said that after the statement of the right hon. Gentleman the Secretary of State for War, he felt inclined to support the Government on this occasion, but he had changed his opinion after the speech of the Solicitor-General. He insisted that these surrenders to the enemy had become almost unbearable. Every concession that had been made had been not to friends but to enemies, and he did not think that that was the way to secure the regular support of this House when support was wanted. He had come to the conclusion that it was a good job for the sake of the tenant farmer that this Bill had to be settled that night, because it appeared to him that if the discussion had lasted another day or two with sufficient pressure from hon. Members above the gangway there would be nothing of the Bill left.
said it was quite true that if a man desired he could hire his land as a market garden and get componsation under the Market Gardeners' Compensation Act, but there were scores of farmers who only required to use a small portion of their holding for market gardening operations. A man might only want to take half a rood or half an acre for asparagus or fruit and it was for this class they were fighting. He, like his hon. friend the Member for Rugby, was bitterly disappointed at the action of the Government. They had no idea that the Government wanted to give way. They had supported the Government all the way through at great physical inconvenience, but they had not been well treated as to strawberries. If they could not got what they wanted in regard to strawberries they might as well let rhubarb and asparagus go too.
wished again to call attention to the most important question which had been put forward, viz., whether the Government would allow this question to be an open one. In asking that they wore not making any unprecedented demand. They only asked the Government to take a step which had been taken by Governments before it. This was a private Member's Bill taken up by the Government. Surely a matter of this sort did not affect the Empire, and he saw no reason why the Government should be insistent in regard to making it a Party measure. It was quite clear from the effect of the last division that 157 supporters of the Government desired them to take a different course from that which they were taking, and many more voted for the Government because they did not know what they were voting for, but were simply told what to do by the Party whips. He appealed to the Government, especially to the Chancellor of the Exchequer whom he saw in his place, to give some reply. If anybody could advise the Government to take a right course it was the right hon. Gentleman. He would ask him whether he did not think that the Government would be adopting a wise course in leaving the decision to the House.
replied in the negative. A very definite opinion had been expressed by two of his colleagues, the Secretary of State for War, and the Solicitor-General. They having expressed the opinion of the Government the usual consequences must follow.
said that this question upon which the Government had such definite and decided opinions had been brought before them upon an Amendment moved, not by any Member of the Government, not oven by one of their own followers, but by one who had given the most uncompromising opposition to every clause of the Bill. He thought it was due to some of them who had loyally supported the Government at every stage of the Bill, and especially to those, who like himself, waited throughout the whole of the all-night sitting at great inconvenience for the purpose of getting the Bill through, that they should have notice if the Government had definite opinions upon these matters, that they should place thorn on the Order Paper and not wait and accept an Amendment moved by a member of the official Opposition. They had been faced with the most uncompromising opposition from those who saved the Government in the last division. If the division list were analyzed it would be found that the Government were saved from defeat by those who had been fighting them line by line and word by word in the most uncompromising fashion. The Chancellor of the Exchequer had stated that the Government had a very definite policy, but they had never been told of that policy by any Amendments on the Order Paper. The only way they got to know of it was by a Member of the official Opposition placing on the Paper an Amendment which was accepted by the Government. He himself placed this Bill very prominently before the electors at the last election, and he had loyally supported the Government in almost every division in order to get the Bill passed. Now at the last moment they were thrown over, and they would have to go back and tell their constituents that the Government favoured a policy which was advocated and put into the Bill by their opponents.
also appealed to the Government to do something to meet the strong views of their supporters although he said he intended to vote with the Government if the matter went to a division. He thought that Part III of the Schedule was
AYES.
| ||
| Abraham, Wm. (Cork, N. K) | Fullerton, Hugh | Lupton, Arnold |
| Abraham, William (Rhondda) | Gardner, Col. Alan (Hereford, S. | Lynch, H. B. |
| Armitage, R. | Gill, A. H. | MacNeill, John Gordon Swift |
| Barnes, G. N. | Glendinning, R. G. | MacVeagh, Jeremiah (Down, S. |
| Barry, E. (Cork. S.) | Glover, Thomas | MacVeigh, chas. (Donegal, K.) |
| Black, Arthur W.(Bedfordshire | Grant, Corrie | M'Killop, W. |
| Bolton, T.D. (Derbyshire, N. E. | Greenwood, Hamar (York) | Meagher, Michael |
| Brunner, Rt. Hn. Sir J.T. (Chesh. | Gwynn, Stephen Lucius | Mooney, J. J. |
| Byles, William Pollard | Hall, Frederick | Morton, Alpheus Cleophas |
| Clough, William | Hardie, J. Keir(Merthyr Tydvil) | Murphy, John |
| Clynes, J. R. | Harwood. George | Nolan, Joseph |
| Cobbold, Felix Thornley | Hayden, John Patrick | O'Brien, Kendal(TipperaryMid |
| Cooper.G. J. | Herbert, Col. Ivor (Mon., S.) | O'Brien, Patrick (Kilkenny) |
| Cotton, Sir H. J. S. | Hogan, Michael | O'Connor, John (Kildare, N.) |
| Crean, Eugene | Hudson, Walter | O'Connor, T. P. (Liverpool) |
| Crooks, William | Jenkins, J. | O'Donuell, T. (Kerry, W.) |
| Cross, Alexander | Johnson, John (Gateshead) | O'Dowd, John |
| Dalziel, James Henry | Johnson, W. (Nuneaton) | O'Grady, J. |
| Delany, William | Jowett, F. W. | O'Kelly. Conor (Mayo, N.) |
| Dillon, John | Joyce, Michael | O'Kelly, Jas. (Rosecommon, N.) |
| Duncan, C. (Barrow-in-Furness | Kelley, George D. | O'Malley, William |
| Edwards, Clement (Denbigh) | Laidlaw, Robert | O'Shaughnessy, P. J. |
| Edwards, Enoch (Hanley) | Lamb, Edmund G. (Leominster | O'Shee James John |
| Ffrench, Peter | Law, Hugh A. (Donegal, W.) | Parker, James (Halifax) |
| Flavin, Michael Joseph | Lundon, W. | Paul, Herbert |
not the proper place for this provision, but that it ought to be dealt with under Part II, so as to enable these improvements to be executed by the tenant after notice to the landlord, who would thus have an opportunity of carrying out the improvements himself and charging interest on the amount expended if he preferred this course. He asked that in another place the Government should put back these subsections into Part II. That was where the Committee left them, and he submitted that it was the proper place for them.
supposed that it was no use to appeal to the Government, but perhaps he might appeal to the House. He asked whether there was any reason why this clause should not be kept in. The point was not as the Secretary of State for War and the Solicitor-General had put it. The point was whether the farmer should be allowed to grow these things without having to put himself under the Market Gardeners Act. He did not want to do that, because he did not want to conduct the whole of his holding as a market garden. If the two right hon. Gentlemen wore right, what was the harm of leaving this provision in.
Question put.
The House divided:—Ayes, 106; Noes, 249. (Division List No. 410.)
| Pickersgill, Edward Hare | Shackleton, David James | White, Patrick (Meath, North) |
| Price, C. E. (Edinb'gh, Central) | Smyth, Thomas F. (Leitrim, S.) | Williams,,T. (Glamorgan) |
| Price, Robert John(Norfolk, E.) | Snowden. P. | Wilson, John (Durham, Mid) |
| Redmond, John E. (Waterford) | Soames, Arthur Wellesley | Wilson, J. H. (Middlesbrough) |
| Redmond, William (Clare) | Steadman, W. C. | Wilson, W. T. (Westhoughton) |
| Richards, 'I'. F.(Wolverh'mpt'n) | Sullivan, Donal | Winfrey, R. |
| Richardson, A. | Summerbell. T. | Young, Samuel |
| Roberts, G. H. (Norwich) | Taylor, John W. (Durham) | |
| Robertson. J. M. (Tyneside) | Thomas, David Alfred (Merthyr) | TELLERS FOR THE AYES—Mr. |
| Rowlands, J. | Walsh, Stephen | John Ward and Mr. Arthur |
| Scott, A. H. (Ashton under Lyne) | Wedgwood, Josiah G. | Henderson. |
| Seddon, J. | White, George (Norfolk) |
NOES.
| ||
| Acland, Francis Dyke | Coates, E. Feetham (Lewisham) | Hay, Hon. Claude George |
| Acland-Hood, Rt. Hn. Sir Alex. F | Coats, Sir T. Glen (Renfrew, W.) | Hedges, A. Paget |
| Ainsworth, John Stirling | Cochrane, Hon. Thos. H. A. E. | Helme, Norval Watson |
| Allen, A. Acland (Christchurch) | Collings, Rt. Hn. J.(Birmingh'm) | Helmsley, Viscount |
| Allen, Charles P. (Stroud) | Collins, Sir Wm. J. (S. Pancras, W) | Henry, Charles S. |
| Anson, Sir William Reynell | Corbett, A. Cameron (Glasgow) | Herbert, Arnold (Wycombe) |
| Arkwright, John Stanhope | Corbett, C. H. (Sussex, E.Grinst'd) | Higham, John Sharp |
| Ashley, W. W. | Corbett, T. L. (Down, North) | Hills, J. W. |
| Asquith Rt. H. Herbert Henry | Cornwall, Sir Edwin A. | Hobart, Sir Uobert |
| Aubrey-Fletcher, Rt. Hn. Sir H. | Cory, Clifford John | Holland, Sir William Henry |
| Baker, Sir John (Portsmouth) | Courthope, G. Loyd | Horniman, Emslie John |
| Balcarres, Lord | Cowan, W. H. | Howard, Hon. Geoffrey |
| Balfour, Rt. Hn. A. J. (CityLond.) | Cox. Harold | Hyde, Clarendon |
| Banbury, Sir Frederick George | Craig, Chas. Curtis (Antrim, S.) | Idris, T. H. W. |
| Baring, Godfrey (Isle of Wight) | Craik, Sir Henry | Isaacs, Rufus Daniel |
| Baring, Hon. Guy Winchester) | Cremer, William Randal | Jackson, R. S. |
| Barran, Rowland Hirst | Crossley. William J. | Jones, Leif (Appleby) |
| Beach Hn. Michael Hugh Hicks | Davies, David (Montgomery Co.) | Jones, William (Carnarvonshire |
| Beale, W. P. | Davies, Timothy (Fulham) | Kekewich, Sir George |
| Beauchamp, E. | Davies, W. Howell (Bristol, S.) | Kennaway, Rt. Hn. Sir John H. |
| Beaumont, Hn. H.( Eastbourne) | Dewar, John A. (Inverness-sh.) | Kenyon-Slaney, Rt. Hon. Col. W. |
| Beaumont, Hn. W. C. B.(Hexhm) | Dickinson, W. H. (St. Pancras, N) | Kincaid-Smith, Captain |
| Beek, A. Cecil | Doughty, Sir George | Lamb, Ernest H. (Rochester) |
| Beckett, Hon. Gervase | Douglas, Rt. Hon. A. Akers- | Lambert, George |
| Bellairs, Carlyon | Duckworth, James | Lambton, Hn. Frederick Wm. |
| Belloc, Hilaire Joseph Peter R. | Duncan, J. H. (York, Otley) | Lamont, Norman |
| Berridge, T. H. D. | Dunn, A. Edward (Camborne) | Lane-Fox, G. R. |
| Bertram, Julius | Dunne, Major E. Martin (Walsall) | Layland-Barratt, Francis |
| Bethell, Sir J. H.(Essex, Romf'rd) | Edwards, Frank (Radnor) | Lehmann, R. C. |
| Bethell, T. R. (Essex, Maldon) | Erskine, David C. | Lever, A. Levy (Essex, Harwich) |
| Bignold, Sir Arthur | Eve, Harry Trelawney | Levy, Maurice |
| Billson, Alfred | Everett, R. Lacey | Lewis, John Herbert |
| Boulton, A. C. F. (Ramsey) | Faber, George Denison (York) | Long, Rt. Hn. Walter (Dublin, S.) |
| Bowles, G. Stewart | Fell, Arthur | Lough, Thomas |
| Bramsdon, T. A. | Ferens, T. R. | Lyell, Charles Henry |
| Branch, James | Ferguson, R. C. Munro | Macdonald, J. M. (FalkirkB'ghs) |
| Brigg, John | Fiennes, Hon. Eustace | Mackarness, Frederic C. |
| Brocklehurst, W. B. | Finch, Rt. Hon. George H. | Maclean, Donald |
| Brunner, J. F. L. (Lancs., Leigh) | Findlay, Alexander | M'Callum, John M. |
| Bryce, J. A. (Inverness Burghs) | Fletcher, J. S. | M'Crae, George |
| Buckmaster, Stanley O. | Forster, Henry William | M'Kenna, Reginald |
| Burns, Rt. Hon. John | Freeman-Thomas, Freeman | M'Micking, Major G. |
| Buryneat, W. J. D. | Fuller, John Michael F. | Marks, G. Croydon (Launceston) |
| Butcher, Samuel Henry | Furness, Sir Christopher | Massie, J. |
| Buxton, Rt. Hn. Sydney Chas. | Gibbs, G. A. (Bristol, West) | Micklem, Nathaniel |
| Carlile, E. Hildred | Gladstone, Rt. Hn. H.erbertJno | Mildmay, Francis Bingham |
| Carson, Rt. Hon. Sir Edw. H. | Grey. Rt. Hon. Sir Edw. | Mond, A. |
| Causton, Rt. Hn. Richard Knight | Guest, Hon. Ivor Churchill | Montagu, E. S. |
| Cave, George | Gulland, John W. | Montgomery, H. G. |
| Cavendish, Rt. Hn. Victor C. W. | Gurdon, Sir W. Brampton | Morrell, Philip |
| Cecil, Evelyn (Aston Manor) | Haldane, Rt. Hon. Richard B. | Morse, L. L. |
| Cecil, Lord R. (Marylebone, E.) | Hamilton, Marquess of | Napier. T. B. |
| Chamberlain, Rt. Hn. J. A. (Wore) | Hardy, George A. (Suffolk) | Nicholls, George |
| Cheetham, John Frederick | Hardy, Laurence (Kent, Ashford) | Nicholson, Chas. N. (Doncast'r) |
| Cherry, Rt. Hon. R. R. | Harrison-Broadley, Col. H. B. | Nicholson, Wm. G. (Petersfield) |
| Churchill, Winston Spencer | Hart-Davies, T. | Norman. Sir Henry |
| Clarke, C. Goddard | Harvey, A. G. C. (Rochdale) | Norton, Capt. Cecil William |
| Nussey, Thomas Williams | Samuel, Herbert L. (Cleveland) | Verney. V. W. |
| Nuttall, Harry | Scott, Sir S. (Marylebone, W.) | Walker, R. De R. (Leicester) |
| Partington, Oswald | Shipman, Dr. John G. | Walters, John Tudor |
| Paulton, James Mellor | Silcock, Thomas Ball | Walton. Sir John L.(Leeds, S.) |
| Pearce, Robert (Staffs, Leek) | Simon. John Allsebrook | Walton, Joseph (Barnsley) |
| Pearson, Sir W. D. (Colchester) | Sinclair. Rt. Hon. John | Ward, W. Dudley(Southampton |
| Philipps, J. Wynford (Pembroke | Smeaton. Donald Mackenzie | Warde, Col. C. E. (Kent, Mid) |
| Philipps, Owen C. (Pembroke) | Smith, Abel H.(Hertford, East) | Wason. John Gatheart (Orkney) |
| Pirie, Duncan V. | Smith, Hon. W. F. D. (Strand) | Waterlow. D. S. |
| Radford, G. H. | Spicer, Sir Albert | Watt, H. Anderson |
| Rainy, A. Rolland | Stanger, H. Y. | Whitbread,. Howard |
| Raphael, Herbert H. | Starkey. John R. | White, J. D. (Dumbartonshire) |
| Rawlinson, John FrederiekPeel | Staveley-Hill, Henry (Staiffsh.) | White. Luke (York, E. R.) |
| Rea, Russell (Gloucester) | Stewart, Halley (Greenock) | Whitehead, Rowland |
| Rea, Walter Russell (Scarboro) | Stewart-Smith, D. (Kendal) | Whitley, J. H. (Halifax) |
| Rees, J. D. | Strachey, Sir Edward | Wills, Arthur Walters |
| Rendall, Athelstan | Straus, B. S. (Mile End) | Wilson, Hn. C.H.W. (Hull, W.) |
| Rickett, J. Compton | Strauss, E. A. (Abingdon) | Wilson, Henry J.( York, W. R.) |
| Ridsdale, E. A. | Stuart, James (Sunderland) | Wilson, J. W.(Worcestersh. N.) |
| Roberts, John H. (Denbighs.) | Sutherland, J. E. | Wodehouse Lord (Norfolk, Mid |
| Roberts, S.(Sheffield, Ecclesall) | Tennant, SirEdward(Salisbury) | Wortley, Rt. Hon. C. B. Stuart- |
| Robinson, S. | Thomasson, Franklin | Wyndham, Rt. Hon. George |
| Robson, Sir William Snowdon | Thompson, J.W.H-(Somerset E | |
| Roe, Sir Thomas | Thornton, Percy M. | TELLERS FOR THE NOES-Mr. |
| Rogers, F. E. Newman | Tillett, Louis John | Whiteley and Mr. J. A. |
| Ropner, Colonel Sir Robert | Tomkinson, James | Pease. |
| Rose, Charles Day | Toulmin, George | |
| Runciman, Walter | Valentia, Viscount |
said the Amendment he now proposed was consequential on the one already agreed to.
Amendment proposed to the Bill —
"In page 4. line 14, to insert the words 'provided the tenant, before beginning to execute, any such repairs will give notice in writing to the landlord, and will not execute such repairs until a reasonable time after the landlord has received such notice.'"—(Sir Edward Strachey.)
Question proposed, "That the so words be there inserted."
asked whether in the event of the tenant executing such repairs he would be entitled to deduct the amount of such repairs from any rent that might be due.
said the tenant had no more right to deduct compensation for that than for anything else.
said the tenant was to execute the repairs, apparently, and spend his own money, but he was to get no interest on his outlay, and was only to be repaid the amount he had laid out when he left the land, which might be thirty years after.
Question put, and agreed to.
moved an Amendment providing that continuous good farming in excess of the state of good husbandry which the tenant was bound to maintain, and which had added to the value of the holding, should be included as an improvement in Part III of the Schedule of the Act of 1902. Such an Amendment, he pointed out, carried forward the spirit of the Agricultural Holdings Acts. If hon. Members carried their minds back they would find that under the Act of 1875 compensation for improvements only permitted the tenant to receive compensation on a time scale for unexhausted manure and so on. The Act of 1883 enlarged the scope of the Act of 1875, and enacted that the improvement should be estimated at its value to the incoming tenant. But even up to the present day, the valuers have been guided in their estimate by the number of years which had elapsed since the manure was put into the land. The attitude of the English Royal Commission in this matter was that good management should be taken into account in any compensation for improvement, because they said it would certainly appear that the application of a rigid, rule under all circumstances without regard to management was unfair to a good tenant. The chairman of the committee of the Central Chamber of Agriculture laid before the Royal Commission a statement of the recommendations of the committee. One of those recommendations was that the increased fertility of a holding due to continuous good farming should be a distinct subject for compensation. It was of the utmost importance that this Amendment should be carried. The Welsh Land Commission had given it as their opinion that good husbandry in excess of the standard of cultivation ought to be compensated under the Agricultural Holdings Act. Hon. Members opposite seemed to think that there was a legal obligation placed on the tenant to put into his holding this continuous good farming. The legal obligation of the tenant was to farm according to the custom of the country and no more. There was no implied contract on the part of the tenant to farm the land to the utmost capacity, and if he did so and added essentially to the value of the holding, was there anyone in any quarter of the House who would deny the farmer just compensation? It was a fallacy to suppose that the putting in of manure was the sole way in which the fertility of the soil could be increased. The principal factor in the fertility of the soil was human labour. The object of this Bill as a whole was to give to the tenant compensation for whatever he had done to improve the value of his holding by continuous good farming. But only if this Amendment wore passed could the tenant feel that he had security for all the money he put into the soil.
seconded the Amendment.
Amendment proposed to the Bill—
"In page 4, after the words last inserted to insert the words ' (3) Continuous good farming in excess of the standard of good husbandry which the tenant is bound to maintain and which has added to the value of the holding.' "—(Mr. Lynch.)
Question proposed, "That those words be there inserted in the Bill."
said he wished to make an appeal to hon. Gentlemen on the Government side of the House. The Government had taken up this Bill with the desire to pass it into law. They could only pass it into law if they took responsibility for it and put it into shape. They did not object to the pious aspirations which had been expressed in regard to this clause, but they had another objection. By no possibility could it be conceived that the landlord and tenant would be at one as to the amount of compensation the tenant was to get because of good husbandry in excess of his obligation.
said that it was a question which would be settled by a clause which came after this one in regard to the "record of holding."
said he was afraid that his mind had been poisoned by twenty years experience of the law Courts. The "record" would not assist them in coming to any common agreement as to the amount. The aspiration was that the best kind of tenant should get something in recognition of the fact that he was the best kind of tenant, but it was obvious that that would open up an enormous field of dispute between the tenant and the landlord, and the result would be that any good which the tenant was justly entitled to would be swallowed up three times over in law costs. After all, when they came to look at it, what was the principal element in which they could mark good husbandry in excess of the ordinary obligation? It was a tangible thing which was palpable to the senses, and that, perhaps, in more senses than one. It was the amount of manure put on the land. Manure being dealt with and out of the way, they were only left with a vague claim which could only result in endless litigation. The final observation he would make was that in the Grand Committee upstairs there wore no Government tellers and this clause was defeated by the large majority of twenty-four to fifteen, and there was a difference of opinion as to whether the clause was workable or unworkable. There was, however, the strongest desire to get as much as possible for the tenants of this country.
said that he had attended the Grand Committee and he joined issue with the right hon. Gentleman. The clause was not rejected because it was unworkable. The real question here was, what was the obligation on the tenant? The right hon. Gentleman had said that the farmer was under an obligation to farm his land to the best of his ability. He had not been able to find a single precedent where such a condition was imposed on the tenant farmers. He had in his hand a book which was considered the highest authority on agricultural tenancies, and there was not a single form of agreement between landlord and tenant in that book which contained any such provision at all. He wished to call the attention of the House to the fact that this was the only Amendment they had had which touched the good landlord. It was said that the Bill aimed at bad landlords. What he maintained was that nearly all the Agricultural Holdings Acts had been largely failures, simply because the landlords and tenants had made their own bargains, and contracted themselves out of the Acts. The object of the Amendment, and to his mind it was a very necessary Amendment, was to safeguard the cases where they had got a good tenant and a bad landlord, and when a farm had been increased in value by the brains and labour of the tenant. Everyone in the House knew, if they had had anything to do with land, that improvements made at different times would have different effects at different times. Why on earth should a man who was adding to the value of his holding not get compensation for it when he loft that holding? The decision of the Committee upstairs had been quoted, but that did not bind this House. The Amendment ought to be judged, not by what had been done in the Committee upstairs, but on its merits.
Question, put, and negatived.
said that he had to propose an Amendment, which with subsequent Amendments would make Clause 8 read:—"If at the commencement of any tenancy entered into after the commencement of this Act, either party so requires, a record of the condition of the buildings, fences, roads, drains, and cultivation of the holding, shall be made by a person to be appointed in default of agreement, by the Board of Agriculture and Fisheries, and in default of agreement the cost of making such record shall be borne by the landlord and tenant in equal proportions." This provision would not come into operation unless either the landlord or the tenant desired it, and it would not come into force against the will of either land- lord or tenant. In many cases it would tell against the tenant, but he did not think they should consider the interests of the tenants merely, but the interest of the country as a whole. He did not, however, think they should force the landlord or tenant to have this record at the present moment unless they desired it, but if the landlord or tenant desired it they could have it.
Amendments agreed to.
on Clause 11 moved that the Bill should not apply to Scotland, and said that although various alterations which had been proposed in regard to Scotland had been received with very general support, others had not. He wished to know what the Government intended to do as to the right of the tenant to lay down permanent pasture. Then there was the question of whether the statutory valuation should be paid by the owner instead of by the incoming tenant. He did not wish to suggest the exclusion of Scotland, but nearly the whole of the debates had been conducted with regard to the situation in England, and he thought that in another place attempts might be made to give effect to the wishes of the tenant farmers in Scotland. The Secretary for Scotland seemed to think that the establishment of a land court in Scotland was a proposal in which he could not concur, but the system of statutory compensation was in force nearly everywhere in Scotland, at all events in the great majority of cases. He was much struck by the attitude of the Scottish farmers towards this Bill which gave compensation to every selling tenant, and it was to the interest of every tenant to take the Bill, but the provisions which gave the greatest advantage to the selling tenant were rejected by the agriculturists of Scotland. On the other point they had asked for provisions which he supported as he regarded their interests to be the same as his own. He hoped their claims would not be forgotten in another place.
Amendment proposed—
"In page 4, line 33, to leave out from the word ' 1900' to the end of clause 11.
Question proposed, "That the words proposed to be left out stand part of the clause."
said it was not possible to accept the Amendment which the hon. Member had proposed upon the present stage, but having had some conversation with the hon. Member in regard to the points which he had raised and also having conferred with his right hon. friend the President of the Board of Agriculture, he was authorised to say that so far as regarded Scotland he would be very glad to consider the points raised by the hon. Member for Leith Burghs. As regarded two of them, the trapping and the incoming tenant, he was willing to give an assurance, and he would see that those points were considered when the Bill reached another place. As to permanent pasture, the question as to which had only arisen that evening, he had not had the opportunity of submitting it to the President of the Board of Agriculture, but he would be glad to do so.
said he did not know what had been going on between the Secretary for Scotland and Lord Carrington, but he would see his noble friend and explain to him what he thought of the attempt to deprive Scotland of the advantages of the Bill. The attempt was made by the Tory Party or by Liberal landlords who were a little worse than the Tory Party, and had done all they could to destroy the Bill. The hon. Member for Leith Burghs did not represent Scotland in this matter, and the Government could only take their cue from the Scottish Liberal Members. The Scottish members had met, and had informed the Government that they desired to have Scotland included in the Bill.
Amendment, by leave, withdrawn.
Amendment—
"In Schedule, page 5, to leave out lines 8 and 9."—(Sir Edward Strachey.)
Bill to be read the Third time this day, and to be printed. [Bill 353.]
Whereupon Mr. SPEAKER adjourned the House without Question put, pursuant to the Resolution of the House of the 4th August last.
Adjourned at three minutes before One o'clock.