House Of Commons
Wednesday, 6th October, 1909.
Mr. SPEAKER took the chair at a Quarter before Three of the clock.
Private Business
Bury Corporation Bill (by Order),—
Lords Amendments considered:—
Lords Amendments as far as the Amendment in page 35, line 17, agreed to.
Lords Amendment, in page 35, line 17, to leave out ("local and"), the next Amendment, read a second time, and disagreed to.
Remaining Lords Amendments agreed to.
Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing to one of the Amendments made by their Lordships to the Bill.
Committee nominated of: Sir Frederick Layland-Barratt, Mr. Charles Nicholson, Mr. Robert Pearce, Mr. Robinson, and Mr. Toulmin.
To withdraw immediately.
Three to be the quorum.—[ Mr. Charles Nicholson.]
Reasons for disagreeing to one of the Lords Amendments reported, and agreed to.
To be communicated to the Lords.
Oral Answers To Questions
Rosyth (Graving Dock Accommodation)
asked the First Lord of the Admiralty whether an increase is now contemplated in the graving dock accommodation at Rosyth?
The matter has not yet come up for consideration.
Troopships (Boat Accommodation)
asked what steps were taken to ensure that on every troopship there are sufficient boats to accommodate everyone on board in the event of fire or shipwreck?
The inspection will be by the Admiralty Inspector.
May I ask if the inspection by the Admiralty inspector is carried on in all respects as if it were under the regulations of the Board of Trade?
No, Sir; he does not inspect as if he were an inspector of the Board of Trade, but he uses the forms and regulations made by the Board of Trade.
May I ask whether in the case of a troopship it is seen that accommodation is found, if necessary, for every soul on board?
That is the regulation of the Board of Trade.
British And German Cruisers (Comparative Fighting Power)
asked whether the German cruiser which was laid down in 1907, at the same time as the British "Invincible," is of considerably greater displacement and fighting power than the British vessel, and whether the German Government have, during the last year and the present year, laid down two more cruisers still larger and more powerful?
The details with regard to the "Von der Tann," which is assumed to be the vessel referred to in the first part of the question, have not been made public, but it is not anticipated that the comparison suggested with regard to our "Invincibles" will be found to be justified. It has been stated in the Press that the two cruisers laid down subsequently by the German Government will be larger and more powerful than the "Von der Tann."
Is it not a fact that the German cruisers have twelve big guns and ours only eight?
It may be well known to the hon. Gentleman, but we have no official information on the subject.
Royal Navy ("Canopus" Class)
asked the First Lord of the Admiralty whether various ships of the "Canopus" class are now lying at Chatham with not more than twenty deck hands on each; whether other ships of this class on their arrival from the Mediterranean are to be reduced to a like complement; and, if so, whether the present manning of these ships is due to the admitted shortage of personnel or to the intention of the Admiralty to remove these fine ships from the active list of battleships?
The answer to the first part of the question is in the affirmative. The hon. Member has no justification for stating that there is an admission of shortage of personnel if he means to suggest that that admission is made by anybody of competent authority or knowledge. Vessels of the "Canopus" class are gradually passing into the fourth division of the Home Fleet as they are replaced by later types.
Then are we to understand that these battleships are going on the scrap heap?
The hon. Gentleman is quite wrong.
If that is not so, why have these battleships not got a proper complement of men?
It is rather difficult to explain the organisation in answer to a question across the floor of the House, but the fourth division of the Home Fleet has nothing to do the scrap heap.
Hms "Invincible" (Gun Turret Apparatus)
asked whether H.M.S. "Invincible" has carried out any of the regular gunlayers' tests since she was first commissioned; whether any practice, and, if so, what, has been made with her heavy guns; and whether he can state if the experiment of fitting this ship with electrically-worked apparatus for her gun turrets instead of the hydraulically-worked system has rendered this "Dreadnought" cruiser practically inefficient in the matter of gun-fire up to the present time?
Gunlayers' test with 4-inch guns has been carried out. No practice has been carried out with heavy guns. It is not the case that the "Invincible" has been unable to fire her guns, due to defects in electrically-worked apparatus; but it has been considered advisable to make certain alterations, chiefly of a mechanical nature, found necessary by experience before carrying out the annual firings with heavy guns.
Then are we to understand that this electrically-worked apparatus is to be retained?
Yes, the hon. Gentleman may understand that.
British, And German Battleships
asked whether there are now building in this country any battleships, and if so, how many, equal in gun-power, speed, and defensive armour to the most modern German type now being constructed under the German naval pro grammes of 1908 and 1909; and whether any British battleships equivalent to these will be in commission by December, 1910?
The details of the German 1908 and 1909 battleships have not been made public.
Are we to understand that the Admiralty does not know what the German battleships of those year's programmes really carry?
I am unable to give the hon. Gentleman any further information.
Will the right hon. Gentleman ask the Naval and Military Attaché in Berlin?
Yes, sir, I have asked the Naval Attaché in Berlin.
Australia (Naval Defence)
asked what is the number of men which will have to be lent to the Commonwealth Government to carry out the agreement made with Australia; and whether it is intended to increase the personnel to make good the loss incurred by the Imperial Navy?
It is premature to make any statement on the subject. The questions discussed at the recent Conference are still under the consideration of the Commonwealth and other Dominion Governments concerned. I may say, however, that the noble Lord is in error in assuming that under the arrangement there will be any loss incurred by the Imperial Navy.
Is it a fact that the Imperial Navy is going to lend 2,000 men?
No, sir, no such figure, as I am aware of. If it were true, they would not entail a loss in the personnel of the Imperial Navy. We have a larger number of men already on the Australian station at the present time.
Are they to be diminished on the Australian station, or will they be replaced by colonials?
I cannot discuss the question at the present time. The Australian command does not imply there will be any loss in the Imperial personnel.
Will the right hon. Gentleman indicate the time this agreement is to come before the Australian Commonwealth Parliament?
No, Sir, I am unable to give any information without notice.
Naval Programme (Second-Class Cruisers)
asked whether the four second-class cruisers to be provided by contract in this year's Estimates have been ordered; if so, whether he will give the dates at which they were laid down; and, if they are not yet laid down, when tenders will be called for for these cruisers?
The four protected cruisers of this year's Estimates have not been ordered. Tenders have been invited, and received; they are now under consideration.
Rear-Admiral Sturdee
asked the First Lord of the Admiralty if he will state why Rear-Admiral Sturdee, who was promoted admiral in September, 1908, has since that date been passed over for employment by four officers junior to himself?
It is undesirable in the interests of the Service and of individual officers themselves to canvass their qualifications or suitability for employment.
May I ask the right hon. Gentleman if Admiral Sturdee was Lord Charles Beresford's Chief of Staff?
Yes, Sir; I believe he was when he was captain.
May I ask if this officer received a warning that if he remained with Lord Charles Beresford he might find himself unemployed?
The statement made by the hon. Gentleman is absolutely without warrant, and he has no right whatever to make any such statement in public.
But was Admiral Sturdee told to go on a holiday like Captain Hulbert?
Persia (Internal Condition)
asked the Secretary of State for Foreign Affairs whether any improvement is reported in the internal condition of Persia, more particularly in the provinces on the northern shore of the Persian Gulf?
My right hon. Friend has asked me to reply for him. The latest reports received indicate that the situation has not become worse during the last few weeks, but it is still unsatisfactory. Kerman and Sultanabad have been the chief centres of disturbance, and there has been much lawlessness on the southern roads, especially those from Bushire to Isfahan as far north as Abadah, and from Kerman to Yezd. In Tehran perfect order has been maintained, and the principal towns in the provinces have remained undisturbed. The Bunder Abbas district has been reported to be quiet, but at Lingah the peace has been threatened by the activities of Seyyid Hussein Lari, against whom repressive measures are being taken by the Persian Governor of the Gulf Ports.
Board Of Inland Revenue (Staff)
asked the Secretary to the Treasury, how many officials, established and non-established, including non-pensionable employés, were employed in the service of the Board of Inland Revenue on 31st March, 1906, and 30th June, 1909, respectively.
The figures asked for are as follows:—
| 1906–31st March. | 1909–30th June. | ||
| Established. | Non-Established. | Established. | Non-Established. |
| 5,631* | 1,479 | 2,191 | 1,443 |
* This total includes 3,979 Excise Officials who since 1st April, 1909, have been under the Board of Customs and Excise. | |||
Treasury Staff
asked how many officials, established and non-established, including non-pensionable employés, were employed in the service of the Treasury, including Customs and Excise, on 31st March, 1906 and 30th June, 1909, respectively.
Any comparison of figures in these years is vitiated by the amalgamation of the Customs with the Excise, but the figures are as follows:—
| 1906–31st Mar. | 1909–30th June. | |||
| Established. | Non-Established. | Established. | Non-Established. | |
| Treasury and Subordinate Departments | 217 | 144 | 229 | 164 |
| Customs and Excise Department | 3,878 | 1,387 | 7,849 | 1,589 |
Woods And Forests Department (Staff)
asked how many officials, established and non-established, including non-pensionable employés, were employed in the service of the Woods and Forests on 31st March, 1906, and on 30th June, 1909, respectively?
About 660 officials and employés were employed on 31st March, 1906, and the same number on 30th June, 1909.
New Forest (Hare-Hounds)
asked the Secretary to the Treasury whether he was aware that under the New Forest Deer Removal Act, 1851, 14 and 15 Vic, c. 76, s. 9, the Crown may grant licences to sport in the New Forest, and that such licences have been granted for many years to packs of fox-hounds, deer-hounds, otter-hounds, hare-hounds, and basset-hounds; whether he was aware that the licence to hare-hounds had recently been withdrawn by the Crown authorities; and whether he would arrange with His Majesty's Commissioners of Woods and Forests to renew or regrant the licence to the hare-hounds?
The Commissioner of Woods has been in the habit for many years past of giving leave for hunting in the New Forest by various packs of hounds, including hare-hounds. This year he has felt compelled, in the interests of the Forest as a whole, to refuse leave for hunting by a certain pack of hare-hounds, and I can hold out no prospect of his decision being reconsidered.
Has the right hon. Gentleman received a Petition signed by 448 persons, representing the trade of Lyndhurst, also the followers and puppy walkers, of the hare-hounds, requesting that permission for these hounds to hunt in the New Forest for the past 40 years, which is now withdrawn, may be granted to hunt the hare in the Forest on the same terms as other New Forest packs?
It is true that I received this petition, but like many other petitions a good many of the signatures appear to be in the same handwriting.
I verified most of the signatures. I knew the handwriting of the persons.
Can the right hon. Gentleman state the grounds for the refusal?
Yes, Sir, the real fact of the matter is there seems to have been a personal quarrel between some people in the New Forest. The inhabitants of the New Forest are mostly Unemployed. Their principal occupation appears to be to get up disputes with each other—some of a rather serious nature, and this happens to be one of these cases.
Irish Trade Statistics
asked the Secretary to the Treasury whether, in view of the difficulty of ascertaining the nature of Irish imports and exports, tooth as regards quantiy and quality, he will make arrangements necessary for securing accurate records in these matters?
I have no means of ascertaining the quantities and value of Irish imports and exports in the sense of this question. The direct foreign trade of Irish ports is shown in Volume II. of the Annual Statement of Trade, in the same way as the direct foreign trade of other ports in the United Kingdom. But there is no statutory authority for obtaining records of the coastwise trade between Ireland and Great Britain.
Is it not the fact that the returns are inaccurate because the Irish exporter and importer need only make a return if they choose, there being no legal obligation to do so? Will the right hon. Gentleman take steps to put the matter on a more satisfactory basis?
It is true there is no statutory authority to compel the making of returns. I cannot promise fresh legislation at this stage of the Session.
Can you promise it at any stage of any Session?
I have no authority to do that.
Civil Service (Superannuation Act)
asked at what date the superannuation forms prescribed by the Treasury regulations were issued to the Government offices; and whether, seeing that the date of adoption of the Act by any Civil servant is the completion by him of the form, instructions were given that the forms should be immediately placed in the hands of the Civil servants concerned?
A circular enclosing copies of the Treasury Regulations under Section 3 of the Superannuation Act, 1909, and of the prescribed forms of application for permission to adopt the provisions of the Act was issued by the Treasury to all public Departments on 21st September, the day following that on which the Act became law. The Departments were instructed to obtain further supplies of forms from the Stationery Office, and I am informed that each requisition has been dealt with at once, without any delay. The answer to the second paragraph of the question is in the affirmative.
asked whether, in the case of a Civil servant who died between the date at which the Superannuation Act came into operation and that at which he would have had an opportunity of filling up the superannuation form, his family would get no benefit from the Act, although the delay was due to the non-issue of the forms and not to the neglect of the Civil servant?
If a Civil servant dies before he has applied to be allowed to adopt the provisions of the Act, his family will, of course, not be entitled to the benefits of the Act, but I see no reason to suppose that any application will be delayed by the non-issue of the prescribed forms.
asked at what date superannuation forms were issued to the Department of Customs and Excise; whether the forms have been actually placed in the hands of Civil servants in that Department; and, if not, what is the reason for the delay?
The supply of forms of application to adopt the provisions of the Superannuation Act, 1909, was received at the Customs House on the 30th ultimo, and copies were forwarded to the various supervising officers on the 2nd instant for issue to their subordinates. It is presumed, therefore, that a form has already been placed in the hands of every established officer of the Department who is not absent from duty.
Is the right hon. Gentleman aware that these forms were only actually placed in the hands of the officials yesterday?
I think that is so, but it was not the fault of the Stationery Department. It was due to some misunderstanding at the Customs Office.
Belfast Telegraphists' Instrument Room
asked the Postmaster-General whether he is aware that for a number of years repeated representations have been made by the Belfast branch of the Postal Telegraph Clerks' Association, with reference to the unsatisfactory lighting of the local instrument room; whether the Department has acknowledged the legitimacy of these complaints; whether he is aware that over 12 months ago, on the recommendation of an officer from the engineer-in-chief's office, who paid a special visit to Belfast in connection with this matter, an improved system of lighting was authorised, and that at a staff meeting held recently complaint, in view of the near approach of winter and the fact that so much work is performed under artificial lighting conditions, was made regarding the failure in carrying out the new installation; what has been the cause of this delay, and can it now be stated when the work will be proceeded with?
The Postmaster-General has requested me to reply on his behalf. Complaints have been received from the staff on the subject, and I regret that, while efforts have been made from time to time to improve matters, no satisfactory scheme has up to the present been brought into operation. The room is difficult to light properly, and special investigation has been carried out and experiments made with metallic filament lamps in order that a correct judgment might be formed as to the best system of lighting. A report has now been received, and the work will be put in hand at once.
Poor Law Information (Disclosure To Political Agents)
asked the President of the Local Government Board whether a member of a board of guardians is entitled by any rule of the Local Government Board to communicate to a paid political agent information, known to him only in his capacity of guardian, as to the persons whose poverty necessitated their receiving Poor Law relief?
The reply is in the negative. The Board have not made any Rule on the subject.
Then am I to understand that a member of a board of guardians is at liberty to communicate to any third party information received in his official capacity as to the circumstances of those in receipt of poor relief?
I do not think the hon. Member is justified in drawing that deduction.
Chiswick Frontage Dispute
asked the President of the Local Government Board whether his attention has been called to the fact that the Chiswick Urban District Council paved Barrowgate-road in 1901, subsequently took legal proceedings against one of two frontagers who refused to pay their apportionments, abandoned these proceedings, and then in the middle of the night of 20th May, 1909, tore up 300 to 400 feet of paving stones fronting the premises of the person against whom they started legal proceedings; and whether he proposes to hold a public inquiry into this expenditure of public money on legal proceedings and in regard to this destruction of public property?
I have received a Memorial on this subject from some of the ratepayers of the district. It is not one, however, with respect to which I am empowered to direct an inquiry at the present time. The only jurisdiction I should have in the matter would be on an appeal from the decision of the auditor as to the legality or otherwise of the expenditure incurred. It will be competent for any ratepayer to raise this question before the auditor at the audit of the accounts in which the expenditure is charged.
Encouragement Of Scottish Fisheries
asked the Secretary for Scotland whether it will be necessary to carry forward to next year the whole of the unexpended balance of £141,118 of the Local Taxation (Scotland) Account; and, if not, whether he will devote a further sum of £15,000 towards marine superintendence, having in view the inadequacy of the present payment and the importance of encouraging and safeguarding the interests of the fishing communities on the coasts of Scotland.
The whole unexpended balance referred to, except a sum of £933, consists of moneys paid into the Local Taxation (Scotland) Account, under statutory direction, prior to 31st March, 1909, to provide for payment of grants as authorised by the Agricultural Rates, etc. (Scotland) Act, 1896, and the Local Taxation Account (Scotland) Act, 1898, during the ensuing six months. The sum of £933 is an undistributed balance of the Medical Relief and Pauper Lunacy Grants for 1908–9, and must be applied in augmenting the corresponding grants for the current year.
Corporal Punishment, Gibbons-Road School, Willesden
asked the President of the Board of Education whether his attention had been drawn to the case of a schoolmistress at Gibbons-road council school, Willesden, who was summoned at Willesden Police-court on the 17th instant for severely caning a boy, eight years of age; whether he was aware that the boy was placed in a class-room by himself, and without supervision, because his parents objected to him receiving religious instruction; whether the offence for which corporal punishment was inflicted was directly or indirectly due to such isolation; and, if so, whether he would take steps to prevent such treatment of children whose parents approve of moral instruction and object to religious instruction being given?
I have no information about the case referred to. If my hon. Friend will supply me with details I will gladly have inquiries made, as if the facts are of the character suggested I think those responsible for them should be severely dealt with.
Finance Bill
Indian Railway Annuities
asked the Chancellor of the Exchequer whether the concession allowed under Clause 50 (2) of the Finance Bill covers the case of Indian railway annuities payable by the Secretary of State in London?
Such annuities as fall to be paid in the United Kingdom out of Indian Public Revenues would be covered by the Finance Bill, Clause 50 (2).
Abatement Of Income Tax
asked the Chancellor of the Exchequer whether abatement of Income Tax hitherto allowed to persons residing for less than six months in the United Kingdom was now withdrawn; and, if so, in what clause was the specific provision in this behalf in the Bill contained?
If a person comes to this country for a temporary purpose only—and not with a view to establishing his residence here—and shall not actually have resided in this country at one time or several times for a period equal on the whole to six months in any one year, there is no liability to Income Tax in respect of remittances of income from abroad. In this respect no change is contemplated under the provisions of the Finance Bill.
Indian Police Service
asked the Under-Secretary of State for India whether he was aware that discontent exists among the members of the Indian police service owing to the fact that one of the chief recommendations of the Police Commission, namely, that which prescribed 25 years as the normal period of service, had not been carried out; whether the Secretary of State had received numerous petitions on this subject; and whether it was intended to take any action in the matter?
The Secretary of State has received from police officers numerous petitions having reference to the point mentioned in the question. He is considering the matter in consultation with the Government of India, and is unable at present to make any further statement.
Dublin Metropolitan Police And Public Meetings
asked the Chief Secretary for Ireland whether he can state under whose directions and by what authority the Dublin Metropolitan Police interfered with the executive of the Town Tenants' League in Dublin when promoting a public meeting to protest against a case of threatened arbitrary eviction in O'Connell Street?
The Chief Commissioners of the Dublin Metropolitan Police, with the sanction of the Government, informed the promoters of the meeting that it could not be held, as proposed, in one of the principal thoroughfares of the city and close to the scene of the impending eviction. A meeting in such a place would have been calculated to cause obstruction, and to provoke a breach of the peace. The promoters thereupon selected Beresford Place, where the meeting was held without interference on the part of the police.
May I ask the right hon. Gentleman whether it is within the power and jurisdiction of the Dublin Metropolitan Police to endeavour to prevent public meetings of the citizens even for legal purposes?
Yes. They have ample powers to deal with obstruction of the leading thoroughfares in Dublin.
Evicted Tenants (Ireland)—Claim Of Thomas Robinson
asked the Chief Secretary whether, in view of the fact that the Estates Commissioners have allowed the claim of Thomas Robinson as the representative of an evicted tenant, although his application, having been signed only on 31st October, 1908, was, therefore, beyond the limit of time specified in the Act of 1907, and have regarded him as fully qualified to receive an advance of £2,350 to purchase the farm of Kildrum, on the Kingston estate, from which Robert Fraser was evicted, the Commissioners will also take into consideration the claims of other evicted tenants or their representatives whose applications have not been made within the time prescribed in the Act?
Applications received from evicted tenants or the representatives of evicted tenants subsequent to the date specified in the Evicted Tenants Act, 1907, cannot be dealt with by the Estates Commissioners under that Act. Where, as in the case referred to, the applicant comes within the provisions of Section 2 (1) (d) of the Irish Land Act, 1903, his application will be considered in connection with sales under that Act.
May I ask the right hon. Gentleman whether he would undertake to ask the Estates Commissioners to reconsider this case, as according to information supplied to us this man is in no true sense an evicted tenant?
Well, Sir, I am quite ready to ask any question you desire. I do not think the case of this gentleman could be considered properly that of an evicted tenant; but he had other grounds to justify his application.
Was not it only on grounds of his being an evicted tenant that he got this farm? May I ask the right hon. Gentleman if he will inquire whether Robinson applied as an evicted tenant off his own bat, or whether it was after questions in this House that he applied under the Evicted Tenants Act, and was put up to do so by an Estates Inspector?
I have no objection to ask questions of the Estates Commissioners, but I decline altogether to consider myself a responsible person to pass under review the decision of those three gentlemen.
Old Age Pensions
Outdoor Relief Disqualification
asked whether the Government would consider it well at an early date to rescind the Clause which disqualifies old people, otherwise eligible, from receiving old age pensions on the ground of having received poor relief.
The disqualification in respect of past receipt of poor relief will, in the absence of fresh legislation, expire automatically on 31st December, 1910. The Government are, as my right hon. Friend the Chancellor of the Exchequer stated in his Budget speech, most anxious to get rid of this disqualification at the earliest possible date, but he is not yet in a position to add anything to what he then said upon the subject.
Case Of Mrs Bridget Roche, Kilfinane
asked the Chief Secretary if he would state on what grounds the Local Government Board overruled the old age pension committee at Kilfinane, county Limerick, on their granting to Mrs. Bridget Roche the pension which they considered her justly entitled to under the Act?
The Local Government Board upheld the appeal of the pension officer in this case as Mrs. Roche's name appeared in the out-door relief register as dependent upon her husband, who was in receipt of out-door relief.
Troopships (Safeguarding Officers And Men)
asked the Secretary of State for War why the military authorities take no steps to safeguard the lives of officers and men when on a troopship?
All the arrangements for the hiring of troopships are made by the Admiralty, and the responsibility of securing that the conditions of such hire are complied with naturally rests with that Department. The King's Regulations contain detailed instructions for the behaviour of troops in case of fire or collision.
Supposing the First Lord of the Admiralty does not carry out his duties has the Secretary of State for War any control over him?
He does carry them out.
Army Catering (Rank And File)
asked the Secretary of State for War whether he would grant facilities to the rank and file of the Army to cater for themselves, as are allowed to the commissioned ranks?
I am afraid that the hon. Member's suggestion is impracticable. In barracks at present, within certain limits, soldiers settle details regarding the cooking of their rations and the expenditure of the messing allowance.
Army Manœuvres (Field Allowances To Officers And Men)
asked the Secretary of State for War if he would state what extra money grants per day are allowed to officers whilst on manœuvres; and if any extra money grants are allowed to the rank and file whilst on manœuvres?
Field allowances at rates varying from 3s. a day upwards according to rank are allowed to officers and 1s. a day to warrant officers, whilst on manœuvres, in aid of the expenses caused by their being placed under canvas. The rank and file do not receive any extra money grant, they are not put to any similar expense.
Are you sure of that?
Quite sure.
Special Reserve (Royal Field Artillery)
asked the Secretary of State for War whether the number of Regular Artillery to replace the Special Reserve formed but of the old Artillery Militia regiments about to be disbanded would be of equal numerical strength to the disbanded regiments; and, if not, whether more or less, and by what number?
The establishment of the Royal Field Reserve Artillery will be ultimately reduced from 12,000 to 6,000. The establishment of the new three-year men in the Regular Royal Field Artillery is 5,000, and it is expected that this number will create a normal reserve of nearly 14,000.
Suffragettes In Prison (Supply Of Food)
asked the Secretary of State for the Home Department whether he had received a copy of the opinion given by Dr. Forbes Ross that forcible feeding by the methods employed in the case of the women suffragette prisoners in Birmingham Gaol is an act of brutality beyond human endurance, that it is frequently followed by an intractable disease known as chronic pigmentary colitis, and that asylum patients who have to be fed in this way die, as a rule, of the treatment; and whether, in view of the risks involved to the prisoners who are being so treated, he would give orders for the practice to be discontinued?
I have found the statement referred to, which I had not previously seen, in a Sunday newspaper. I am advised that it can only refer to a method of feeding employed when feeding by the stomach is impossible; and that it has no bearing on the methods of feeding adopted at Birmingham.
May I ask the right hon. Gentleman if he can state how many of these ladies are being fed in this manner at the present time, and whether, in view of the very widespread feeling, amounting to revolt, against such feeding, he cannot see his way to alter it?
I have answered several questions upon that point before.
Not from me.
No prisoners are being fed by the methods indicated in the question. I think at the present time two are being fed by the tube.
Is it not true that this opinion of Dr. Forbes Ross was given on the assumption that the food was being administered by a tube passed down the throat, and is he aware that other medical men have also published similar opinions in "The Times" newspaper?
I was very much surprised indeed at the opinion expressed by the doctor in question. It would have been very desirable if he had made some inquiry before committing himself to such an opinion.
asked the Prime Minister whether he had received a memorial signed by Sir Victor Horsley and 116 other medical practitioners pointing out that the compulsory feeding of women prisoners is attended with the gravest risks, that unforeseen accidents are liable to occur, that the subsequent health of the person so treated may be seriously injured, and that, in the opinion of the memoralists, the action is unwise and inhuman, and praying him to use his influence to prevent the continuance of the practice; and whether he was prepared to accede to the prayer of the memorialists?
I beg to answer this question on behalf of my right hon. Friend. The Memorial has been received. Though the statements it contains are not borne out by the prison medical authorities, whose experience of artificial feeding is necessarily much wider than that of the memorialists, I thought it right to refer the Memorial to the President of the Royal College of Physicians, and I have this morning received the following letter from Sir Richard Douglas Powell:—
"I beg to state that I do not agree with the opinion expressed in the Memorial signed by some medical, practitioners in protest against the artificial feeding of certain prisoners who refuse to take food in the normal manner. The statements contained in the Memorial are inaccurate and greatly exaggerated. The method of artificial feeding is largely employed amongst those who, from mental aberration, refuse to take nourishment otherwise, and also with those who are physically unable to take it.
"It would be an exaggeration to say that the method of artificial feeding is wholly free from the possibilities of accident with those who forcibly resist, but no such cases have come to my knowledge. Nor can it be said tha the method is as convenient or as free from possible digestive ailments or discomforts as a reasonable diet taken naturally would be. But it may be remarked that patients have been so fed successfully for years. It is the only measure that can be adopted to maintain the health and preserve the lives of persons who persistently refuse food.
"I am assuming in my reply that the feeding of these patients is entirely carried out by skilled nursing attendants under careful medical observation and control."
Were temperature charts taken, and have they been kept?
The feeding is carried out by medical officers, who are perfectly competent, and I have no doubt all the necessary precautions were taken.
Is the feeding always carried out by medical officers, or is it not sometimes administered by nurses?
I am informed that it has been carried out up to now by the medical officer.
Will the right hon. Gentleman see that, in view of the great public interest taken in the matter, there is an independent medical officer?
As a matter of fact an outside medical officer has been called to the assistance of the medical officer of the prison.
I admit that feeding by tube is done by the medical officer, but where the system of feeding by cup is employed, is that not done by nurses?
That is a detail of which I should not like to speak with perfect certainty. I imagine there would be no pain in administering feeding by cup. I am under the impression that where feeding by cup has been had recourse to the prisoner has drunk from the cup.
Will the right hon. Gentleman inquire as to whether, when feeding by cup has been employed, the nostrils and the throat are not held while the liquid is forced into the mouth?
All I can say is that I am absolutely satisfied that whatever has been done has been done in a proper and most humane manner.
Is it not a fact that all this trouble and revolt might have been avoided if the Prime Minister would only be reasonable and receive a deputation?
Cavalry And Yeomanry (New Pattern Sword)
asked the Secretary of State for War what progress has been made with re-arming the cavalry with the new pattern sword; and whether there is any intention of arming the Yeomanry with the sword?
As regards the first part of the question, I have nothing at present to add to the information already given. As regards the second part of the question, no decision to arm the Yeomanry with the sword has at present been come to.
Are we to understand that the suggestion has been abandoned of arming the Yeomanry with the sword?
No, the whole thing is under very careful consideration. There is great division of opinion among the commanding officers.
Post Office Accommodation (Urban Areas)
asked whether it has been hitherto the practice of the Department to refuse additional post office accommodation in urban areas, notwithstanding the offer of an urban council to guarantee the Department against loss on working under the Post Office Act of 1898; how many applications of this nature have been received from urban councils since the passing of the Act; how many of such applications have been rejected; and what are the grounds of such rejection?
It is not known, and could not readily be ascertained, how many applications have been made under the Act of 1898. They are certainly rare. Applications would be refused if the existing facilities were adequate, having regard to the distance from the nearest office, the character of the locality, and the amount of business to be dealt with; and if a new office were opened it would only result in undue expense and wasteful competition with an existing office. Perhaps I may be allowed to explain the purpose of the Act in question in the words of the hon. Member who introduced it. "All this Bill proposes to do is to give the urban councils and councils of boroughs the same powers as parish councils already have. There are parts of boroughs and urban districts remote from the centre of population which are unable to get these facilities, and are thus excluded from the benefits which they would get if they were separate districts." The case in which the hon. Member is interested does not appear to my right hon. Friend to be one of the kind to which the Act was intended to apply.
Birching Sentences (Jedburgh)
asked with reference to sentences of birching passed on children in the Sheriff Substitute's Court at Jedburgh, whether the system followed in the River Baillie's Court at Glasgow has been introduced there under which an official inquiry into the parentage, character, and life history of the child, and the public prosecutor refrains in many cases from bringing the offender before the Court, while protecting the law and order by means of cautions and warnings to the child or parent and by using a friendly supervision?
I think my hon. Friend will understand that a system which may be suitable for a city like Glasgow is not necessarily suitable or practicable in a rural district. I am informed that while no special official is allocated to the purpose indicated every care is taken by those responsible to make full preliminary inquiry with a view to dealing with juvenile cases outside the court in the manner suggested by my hon. Friend wherever that course is possible.
Business Of The House
Proposed Adjournment
I think the Chancellor of the Exchequer told the House yesterday that he had an important statement to make with regard to public business.
I hope we shall be able to get through the Committee stage of the Finance Bill to-night, and I trust that my hon. Friends will assist us in getting to the end of these proceedings. If we do, we shall propose to-morrow to proceed with the Development Bill. If we do not succeed in securing the Report and Third Beading stages this week, we shall proceed with the Bill on Monday in next week; and, as soon as the third reading has been secured, we shall propose to adjourn the House until the following Monday, to enable Members of the House to have a full opportunity of considering Amendments for the Report of the Finance Bill, which will be placed on the Paper before the Adjournment. On Monday, the 18th instant, we propose to put down, as the first Order, the London Elections Bill, Report stage, and to proceed on Tuesday, 19th October, with the Report stage of the Finance Bill.
I understand the right hon. Gentleman does not in any event propose to take a Saturday sitting? If the Development Bill is not finished on Friday he proposes to take it on Monday. I believe there will be no difficulty, as far as my inquiries go, in finishing the Finance Bill to-night if everyone sets his mind to work; but I understand that that is contingent upon the right hon. Gentleman being of the same mind as he was yesterday, and giving us an opportunity of considering the Tobacco Duties upon the re-committal of the Bill at a later stage?
If we find we cannot get a Debate on the Tobacco Duties to-night, it will be a perfectly reasonable thing for the Opposition to ask for opportunities for a discussion on a re-committal. Perhaps we had better not make up our minds about that until we see whether we cannot get a Debate to-night at a reasonable time. I have promised the right hon. Gentleman, if that was his view, that, so far as I was concerned, I would agree to a re-committal for the purpose of getting a Debate owing to the circumstances in which it passed the Committee. With regard to a Saturday sitting I am very much in the hands of the House. Supposing we could not get through the Development Bill, third Reading, as well as Report, to-morrow and Friday, it might be more convenient for everyone even, if necessary, to have a Saturday sitting in order to have the whole of next week. Perhaps the right hon. Gentleman would allow that to be discussed later on in the usual way and say nothing for the present. I simply suggest that it might be more convenient for everyone that we should dispose of the Bill this week so as to have the whole week.
May I appeal to the right hon. Gentleman whether the course the Government propose to adopt in adjourning over next week at such short notice is going to be very inconvenient to the great majority of Members, and is going to prolong the Session probably a week nearer Christmas. We understand that there is still a considerable amount of business to be got through before the Session closes. There are Bills which have been to another place and have to come back here for consideration, and to have an adjournment next week is only going to prolong the final closing of the Session. Could we not get on with the Housing and Town Planning Bill?
There will be plenty of time to consider those Bills when the Finance Bill leaves the House. The Government have arranged that it will not have the ultimate effect of prolonging the Session. It is quite necessary that there should be at least a week's interval. A good many promises have been made in the course of the Committee stage of Amendments on the Report stage, and I think the Government should have full time to consider them before they are placed on the Paper. The Amendments refer to matters of considerable importance, and I think it would be a mistake to put them down in a hurry. It would certainly be in the interest not only of the Government but of all parties that there should be at least a week's interval.
Bill Presented
Parliamentary Elections (Returning Officers) Acts (1875 And 1885) Amendment Bill
Bill to direct the Returning Officer in a Parliamentary Election to repay to a candidate who has been returned unopposed, or being opposed has polled one-third of the total number of electors voting in such election, the amount of any deposit made by such candidate under and by virtue of the Parliamentary Elections (Returning Officers) Acts, 1875 and 1885, or the Parliamentary Elections (Returning Officers) (Scotland) Acts, 1875 and 1885.—[ Mr. Edward Dunn.] Presented, and read the first time. (To be read a second time upon Monday, 18th October.)
Finance Bill
Considered in Committee.—[42 nd Day.]
[Mr. EMMOTT in the chair.]
(IN THE COMMITTEE.)
First Schedule—(See Col 1669–1679, Official Report 4Th October)
| Beer (Beerhouse licence). | A duty equal to a third of the annual value of the licensed premises, subject to the minimum duty payable under Scale 3. |
I beg to move to leave out the words in the second column, and to insert instead thereof "Duty specified in Scale 4."
In moving the Amendment I shall endeavour to act in the spirit of what was said by the Chancellor of the Exchequer just now. We on this side of the House will do our best, as we have done during the past few days, to promote business. Beerhouses stand on quite a different footing from fully-licensed houses. There are a large number of them in the country, and their case deserves certainly as much consideration from the Government as that of the fully-licensed houses. In the first place, there is a fixed duty of £3 10s. on all the beerhouses, whatever their annual value may be. That fact differentiates them from the fully-licensed houses which at present have Licence Duty fixed according to a scale of their annual value. Our case is this: We say that no further duty ought to be exacted on these beerhouses, but that, if there is to be a further duty, the duty proposed by the Government of one-third of the annual value is far too high. My scale, while moderate, does increase the £3 10s. to which they are at present liable; but, at the same time, it is very much more in their favour than that of the Government. May I give a few figures comparing the duty under the scale I am proposing with the duty they will have to pay under the scale in the Bill? The duty on a £20 house under my scale would be £4 a year as against £6 13s. 4d. under the scale in the Bill; on a £50 house £10, as against £16 13s. 4d.; on a £100 house £17 10s., as against £33 6s. 8d.; on a £150 house £22 10s., as against £50; on a £200 house £25, as against £66 13s. 4d.; on a £300 house £30, as against £100. I think my scale is a reasonable one. The number of beerhouses in England and Wales is 29,419, but of these 25,985, or 80 per cent., are pre-1869 beerhouses. I think it might be for the convenience of the Committee if I were to state shortly what the history of these old beerhouses is. They were created under an Act of Parliament which was passed in 1830. Up to that time for 300 years the policy of Parliament had always been that houses where beer was retailed should have a licence issued by the justices. A grievance had come to pass, the quality of the beer supplied by those engaged in the trade having deteriorated, while the price had risen very much indeed. The effect of this was that people had got into the habit of drinking spirits to an extent more than was considered desirable. The Chancellor of the Exchequer in 1830, in moving for a Committee to inquire into the state of the law with respect to the sale of beer, said:—Under that provision any householder whose name was on the rate book was authorised to sell beer free from any control after obtaining a licence from the justices on the payment annually of an Excise Licence of two guineas. The preamble of the Bill of 1830 is in the following terms:—"It had been shown by previous inquiries that the present system of licensing had given rise more or less to a degree of monopoly in the beer trade, which had produced two evils, one, a deterioration in the quality of beer; two, an enhancement of its price, both of which were, in effect, a severe tax on the poorer classes. Both these he hoped to remedy, but he begged to be understood as not at all yielding to the imputations thrown upon a wealthy and respectable class of individuals engaged in the manufacture and sale of beer; the fault, if fault there was, was the fault of the law. His view was that by opening the trade the means of consuming beer would be extended, and that no injury would be inflicted upon the brewer, while an important benefit would be conferred on the public; and he was convinced that the apprehensions felt by many persons interested in the present system, when any alteration was spoken of, would turn out to be unfounded."
The immediate effect of the passing of that law was that no fewer than 24,342 persons paid £2 2s. and took out licences to sell beer. Fifty beer shops were opened in Liverpool alone every day of the week for several weeks. This went on for a considerable number of years, and by the year 1869 the number of beerhouses had reached about 50,000. In 1869 Parliament decided that the whole of these licences must come under the jurisdiction of the licensing justices. When doing that they admitted that these ante-1869 beerhouses had got a vested interest, because they had been created on the invitation of Parliament for a public policy, and therefore they were entitled to the consideration of Parliament. Therefore it was enacted that the licences should not be taken away from those old beerhouses unless in cases of misconduct, or of the houses not being proper. That was the position in 1869. The only alteration which now obtains is the alteration created under the Act of 1904 by my right hon. Friend and Leader (Mr. Balfour), in which they were brought under the general principle that if they were redundant licences the justices should be entitled to suppress them on payment of the whole compensation. That is the position of these beerhouses at present. Whatever their annual value may be they are all paying only £3 10s. per year. I am not able to tell the Committee exactly the numbers according to rateable value, because no statistics are shown, but I find that in the county of London alone there are nine of these beerhouses of upwards of £300 annual value, and there is one in the City of £800 annual value. In the former case these nine houses in London which now pay £3 10s. would have to pay a duty of £110, and the house in the City would have to pay £266 a year, and £12 more on account of taking out a wine licence, against £4 which it is paying at present. But the case of these beerhouses is very much accentuated by the minimum duty imposed by this Bill. The minimum duty is most oppressive in the large towns of over 100,000 inhabitants, namely, the limit of £23 10s., which is going to create a very great grievance. I have taken three cases to show the Committee the effect of the proposed increase. In Bristol the increase of duty will be from £1,737 to no less than £11,026, or six times the amount, owing to the minimum increase. In Birmingham the increase will be from £2,673 to £18,557, or seven times the amount. In Sheffield the increase is from £1,886 to £15,990, or 8½ times the number. These large increases will create no doubt the position that many of those houses must be closed, and must be closed without receiving a penny of compensation. They have done no wrong; they have simply gone on in the way in which they have been going on since they were created by Parliament in 1830, and they are doing their duty to the country as the country invited them to do. The right hon. Gentleman may say that we made an alteration in the year 1904, and that they have not now the vested interest which they had then. The difference is this: Under that Act of 1904 they are to receive ample market value for any licence which is taken away. I should like to draw the attention of the right hon. Gentleman to this, that the vast majority of the houses at the present moment which are being suppressed under this Act are these ante-1869 beerhouses. If he looks at the list, he will see that these are the houses which the justices are suppressing all over the country. It is not necessary to repeat the argument as to the over-taxation of the trade, or that the consumption of beer is declining in this country; but I should like to draw the attention of the Government to this: Revenge may be sweet, but I believe that the heart of the country is sound, that it loves political honesty and justice more than revenge and that it still reverences the law that it is righteousness which exalteth the nation."Whereas it is expedient for the better supplying the public with beer in England to give greater facilities for the sale thereof than are at present afforded by licences to keepers of inns, alehouses, and victualling-houses, be it therefore enacted…"
The hon. Member who has just spoken has entered in some detail into the history of these beerhouses prior to 1869. With that history I have no quarrel, but I would suggest that Parliament cannot be tied for all time by the undoubted blunder that was made by the ancestors of the present House 79 years ago. At that time, as the hon. Member has said, Parliament rashly threw open the whole of the trade in beer to any person who desired to engage in it on payment of a sum of £2 2s., no matter what sort of premises he might have for supplying the beer by retail, and, as a result, in the course of a few weeks, there were thousands of people who took out licences. The consequences were immediately disastrous. Sydney Smith, I remember reading, wrote at that time describing the consequences of that Act, "The sovereign people are in a beastly state," and, undoubtedly, the consequences of the opening of these innumerable beershops from one end of England to the other was an immediate and marked increase in the intemperance of a large part of the population. In 1869 Parliament did not create a privilege in these beerhouses but imposed a restriction. It brought them within the purview of the licensing justices, and enabled licences to be taken away on certain grounds. Shortly after that date—I think it was in 1872—a Committee of the House of Lords examined the whole question, and earnestly recommended that Parliament should place the whole of these beerhouses at once on the same footing as the other public-houses. I think men of all parties who have examined in this subject bitterly regretted the error which was made by Parliament in 1830, and the inadequacy of the restriction that was made in 1869, and they urged that these houses should be brought under the same rule as other public-houses. In no respect have these houses occupied a position of privilege more indefensible than with regard to their Licence Duty. Here these premises, no matter what their size, no matter what trade they are carrying on year by year, have to pay to the State only £3 10s. for so large a monopoly as they possess. Yet when these houses are brought forward for compensation it is found that the value of their trade justifies under the present law the payment of hundreds, sometimes thousands, of pounds in compensation, although many of them are small houses chosen by the magistrates for compensation frequently on the ground of their low value. The London County Council returns give some figures as to London which I should like to quote. Here is a beerhouse in Hammersmith, the rateable value of which is £63, and the compensation value £2,445, or 35½ years' purchase. Surely it is absurd to say that a house carrying on a business so large and worth compensation value to that amount is paying an adequate sum to the State when it pays only £3 10s. Under our proposal it would pay no exorbitant sum. It would have to pay the minimum, which would bring it up to £23 10s. for a house of that character. Another case is that of a beerhouse in Fulham, of £55 rateable value, and £2,300 compensation value, or 42 years' purchase. Another one in Lisson-grove, the annual value of which was £55, had a compensation value of £3,550, or 64½ years' purchase on the annual value. The duty on that house would again be £18, if it were not for the minimum, which brings it up to £23 10s. I suggest that the hon. Member opposite (Mr. Samuel Roberts) is not entitled, because the new duty imposed is many times more than the present duty, to therefore say that the new duty is excessive. I have said before in these Debates that there are two conclusions to be drawn. One conclusion is that the new duty is excessive, and the other that the old duty is much too low. I think the Committee will admit that these houses, some of the smallest of which receive these enormous sums in compensation value, are at the present time paying a ludicrously small toll to the State by the present uniform charge throughout the country of £3 10s. Many of these houses are at the present time being kept open, not because they fulfil any real need of a neighbourhood, but in the hope that the compensation authorities, in looking about them for houses to be suppressed under the Act of 1904, may, in their goodness, choose those houses for suppression. It is not that the house is really valuable to the owner as a place of trade, but because it may become an exceedingly valuable possession for compensation.
Is it not a fact that the present Government refused to allow the magistrates to raise sufficient money to pay for these houses?
The hon. Member is quite wrong.
The Home Secretary said so.
No; what was done was that, when the Finance Bill was in prospect the compensation authorities were not allowed to forestall their future compensation levies by borrowing, seeing that the whole matter of compensation was to be put on another basis. No action was taken by the Government limiting by a single sixpence the amount annually levied on which those houses were able to draw from the trade for the purposes of compensation. The hon. Gentleman is not quite fair.
You are quite unfair.
The hon. Member really must not interrupt.
I beg pardon.
The present duty, as I was suggesting, is really so inadequate that I think it is indefensible in any quarter of the House, and the new duty which the hon. Member opposite proposes under the scale which is on the Paper is again very inadequate. A house of £200 rateable value, under the hon. Member's scale, would pay only £25 duty, although the trade done was exceedingly large. Two hundred pounds for a beerhouse is quite a large sum. In all the large towns of England and Wales put together there are only 230 beerhouses of over £200 annual value; only 83 of more than £300 annual value; so that a £200 house is exceptionally large. Yet the hon. Member would only charge £25 under this scale. One of the largest houses, of £400 annual value, would only pay £35 under this scale. Hon. Members opposite will urge that our scale of Public house Duties for fully-licensed houses is excessive. We all know their view that it is oppressive. The fact remains that the Committee yesterday sanctioned this new scale for fully-licensed houses, and I submit that, having sanctioned that scale, it cannot now accept the scale put forward by the hon. Member for beerhouses such as those to which he called attention, because the disproportion would be far too great. Take the £400 house of which I have been speaking; if it were a fully-licensed house it would be charged £200, and if it had a beerhouse licence, on the scale of the hon. Member, it would be charged only £35. Although it may be said that the charge on the £200 as a fully-licensed house is an excessive charge, yet I submit that you cannot charge a beerhouse, doing an equal amount of business, at so low a value as £35. These beerhouses have lighter duties to perform than the fully-licensed houses. In the first place, their valuation is lower. Houses which are smaller buildings are assessed at a lower rate, if they are only beerhouses, than if they had a full licence. Consequently the subject for taxation is less. Secondly, we propose to charge beerhouses taxation on one-third the lower valuation instead of one-half. I do submit that the charge proposed to be levied on these houses is not excessive in consideration of all the circumstances. The total number of these houses in England and Wales is 26,000, and we propose by this new duty to levy on them an increased revenue of £350,000. The increased charge per house will be £13 10s., on the average. There is always danger of fallacy in averages. Although it is no consolation to a man who occupies a highly-rated house, with his Licence Duty increased to a large extent, that the average is £13 10s., yet the fact remains that £13 10s. is the average. I think the figures which the hon. Member gave show that the increased amounts which will be charged in the cases which he cited, are very exceptional, and by no means represent the increased charge on beerhouses. The figures he gave only affect a small number of large houses in the bigger towns, which can well afford to pay the increased duty. If I may anticipate what the hon. Member for Louth is probably about to say, he would point out that the amount of the burden imposed in Ireland by this Licence Duty will ruin the trade and tend to the destruction of the economic prosperity of that country. I would point out to him that while England would be paying £350,000 additional under this scale, Scotland would pay £12,000 additional, and Ireland £5,000 additional.
I did not intend to rise, and would not have intervened but for what the right hon. Gentleman has said. He stated that he was going to impose these duties as moral duties. May I ask if there is such a thing as Balmoral duties?
I think that the Chancellor of the Duchy, in attempting to deal by anticipation with anything that may fall from the hon. and learned Gentleman below the Gangway (Mr. T. M. Healy) is rather reckoning without his host. There is nobody about whom there is more risk in saying that he gets up knowing what he is going to say, and I think he might be more cautious in his anticipations as to what criticisms may be passed by so old and dexterous a Parliamentary hand as the hon. and learned Gentleman below the Gangway. I listened with great interest to the right hon. Gentleman, but I must frankly say I did not quite understand the character of the defence which he has made of the duties proposed to be imposed by this Schedule. My hon. Friend (Mr. S. Roberts) gave a very interesting and very succinct narrative of the history of these beerhouses from 1830 to the present day. How does the right hon. Gentleman deal with that case? He says that while it is perfectly true that these beerhouses have gone on for 79 years under the Act of 1830, Parliament cannot be bound for ever by its blunder. The legislature of 1830 having dealt with this vexed licensing question came to a decision which, in the opinion of the Government generally, and in the opinion of those interested in this subject, was a wrong decision.
It was very much modified in 1840.
4.0 P.M.
At all events they came to a decision in 1830, which the Government say was a blunder. Of course our ancestors were not infallible, nor are we much more infallible than our ancestors. It is quite possible that long before 70 years from the present day our children may deem these blunders made by the present Government, or made in our time, with regard to the licensing question. Questions so difficult, so full of pitfalls as they are, touching so closely the life of the people, dealing with problems of such extraordinary complexity, are sure to be dealt with wrongly even by the best meaning people now and then. I am certainly no more concerned to defend the Parliament of 1830 than any other Parliament. Certainly I should not claim infallibility for the action of any Government, or any party with which I have been concerned, and still less for the prentice hands of hon. and right hon. Gentlemen opposite. I have no doubt many blunders have been made, and will be made so long as you choose to treat this particular trade in the abnormal and exceptional fashion which, rightly or wrongly, we have not been able to avoid. Among many blunders concerning legislation one was made in 1830, but how does that touch the question raised by my hon. Friend, and how does the right hon. Gentleman the Chancellor of the Duchy answer the argument which he has advanced to the House? What the House of Commons did in 1830 was to invite the creation of a certain kind of premises and places in which intoxicating liquors could be sold. I do not imagine even the extremist partisanship at the present day will suggest that the Act of 1830 was due to political pressure by the trade, or that it was done with any motive whatever except the sincere desire to meet the social need.
Parliament animated, though we admit for the sake of argument, mistakenly animated, by this public motive, invites the creation of a certain class of property. Money is expended in it, rights are granted, and it becomes a species of property as deserving of the consideration of this House as any other kind of property. Nobody can contend, nobody has ever contended, that whatever rights the ordinary full-licence holder may have they are the same full kind as those created under the Act of 1830, and admitted to exist in the Act of 1869. That has never been claimed, so far as I know, by any representative of the trade, and it certainly has never been claimed by any responsible politician. But everybody admits while those rights were different they were superior. In other words, there was a fuller kind of property in the kind of licence created in 1830 than the kind of licences which are given to full-licensed premises. That was thoroughly understood and thoroughly anticipated by the Government which dealt with this problem in 1904. We admitted that under the Act of 1830 more of those beerhouses had been created than was necessary for the public good, and that a diminution in their number was probably a thing to be desired. We recognised they had a claim to the full market compensation of the premises, in which would be taken into account, of course, the special privileges granted under the Act of 1830. Therefore, I must honestly say that I do not understand on what principle the right hon. Gentleman tells us we ought not to be bound by the blunders of our forefathers, and that this is to remedy, as far as we can, the blunder. We do not remedy an old blunder; we create a new crime when we absolutely ignore the rights which this House in a previous generation has deliberately, though mistakenly, created. If that be granted, and I think every impartial man will grant that particular proposition, and that it is one which the House will accept, the only additional point which has to be proved is that you are treating this particular kind of house, created under an Act of Parliament, and in obedience to an invitation of this House, that you are treating that particular kind of property very harshly and unfairly. Has the right hon. Gentleman met that contention of my hon. Friend? All he has done is to quote a few cases, in which he says, "Here are premises in which it is perfectly obvious that the licence holder can well afford the small toll which we desire by this Bill to exact from him." Yes, it is quite possible there are such houses—I have not exactly the cases which he gave—but that is not the point. The point is whether some of the people you are taxing can be taxed in justice. That is the point, and to which the right hon. Gentleman never addressed himself at all. Is it, or is it not, a fact that a large number of these beerhouses will practically be extinguished or threatened with extinction by this Bill? If that be the fact, and it is alleged by my hon. Friend—and I personally believe it is true—then I say your tax is oppressive and unjust. You have no right to impose a tax upon a particular section of the community which has the effect by the mere magnitude of the sum you take from their profits of extinguishing them altogether as part of the industrial system. That is not the use you ought to put taxation to, and that is the use to which you are putting taxation. Your fault is greatly aggravated in the case of these particular licence holders, because they certainly hold their premises on a tenure more complete, more full, and of a kind which more deserves the careful recognition of this House in all its legislation, even than the other licence holders, the full licence holders, whose tax we discussed yesterday. The right hon. Gentleman said how impossible it would be to impose on beerhouses the small rate of duty suggested by my hon. Friend's Schedule when fully-licensed premises not far oil is taxed on a much higher scale. I make two answers to that argument. The first is, because you commit one injustice that is no reason for committing another; and in the second place, if your objection to putting too low a scale of duty on the beerhouses is founded on the fact that would submit fully-licensed houses to unfair competition, then I say why did you not think of that when you were dealing with clubs. That argument, whatever be its worth, is not one which lies in the mouth of the right hon. Gentleman to use. They have deliberately elected to throw an imposition upon the fully-licensed house which puts them into competition with clubs, and in a most difficult and unfair position, and therefore they are the last people who have the right to say that any modification we suggest in this particular Clause is one which ought not to be accepted, because it will be the cause, or may be the cause, of unfair competition with other existing houses. Therefore, for all those reasons I venture to say that the Government are extremely unwise in forcing this proposal. They are treating in very reckless fashion the practical pledges given by this House in times past, and in doing so they are teaching the public the worst of all morals, the moral, namely, that this House may make an invitation in one year which in another year it may withdraw on the plea that it has made a mistake. That is contrary to all sound public morality, and is most inimical to the position and credit of this House. In addition to that crime it appears to me they are committing an additional crime in throwing upon one very small class of the community a tax so heavy and so large in many cases in proportion to the total takings of the trade, that they will drive some perfectly innocent and deserving individuals out of a perfectly honourable, legal, and credit\able line of life which they have selected to live believing rashly in the State, and that it is the privilege of citizens of a free country to take any trade admitted by the law to be an honest trade, and that they might engage in that trade without the fear that they would be singled out for special ill-treatment or special exactions. Those two canons of legislation the Government have equally violated, and for that reason I trust my hon. Friend will go to a Division, and receive a large measure of support from all sides of the House.I am very glad that the right hon. Gentleman the Chancellor of the Duchy has told me that so far as he is concerned if any local authority apply in the future for making a borrowing basis under the Compensation Act it will apparently meet with his sympathy. We have many of us like the hon. Member for Holborn been troubled by the idea that the Home Office did not encourage any such proceeding. There are just two points I want to touch upon, and it appears to me that the hon. Member for Sheffield (Mr. S. Roberts) has not made the very best out of them, although what he said was extremely interesting. It appears to me that whereas those people have these rights under the Act of 1830 the substantial position that ought never to be forgotten is that in 1869 it was laid down by Mr. Gladstone's Act that they had an absolutely clear interest unless they violated one of four well-known conditions.
I mentioned that.
I do not consider you made enough of it. It appears to me that that position places them in a separate category altogether from all the other licensed premises in the country. I go a step further, and I take Mr. Justice Kennedy's decision and I believe I am right in saying he drew a different multiple between these houses and fully-licensed houses as to the measure of compensation. The Government, of course, recognise this, otherwise they would not propose a different scale of charge on these houses as against the fully-licensed houses. Going a step further, we come to the Act of 1904, which charges these houses compensation—for what? Absolutely to protect that which the law of 1869 had already protected. In my opinion, the Compensation Act gave these houses no additional security at all beyond that which they already possessed, except that if they were suppressed they were to receive money. Their position is a singularly powerful one, because the Compensation Act of a Conservative Government distinctly wronged them, and, therefore, coming to the present day, I think they deserve a great deal of consideration. The matter is one of degree. We have already seen that one charge is proposed to foe levied on fully-licensed houses and another on these beerhouses. The Chancellor of the Duchy says that, because we did something yesterday in regard to the fully-licensed houses, it would not be quite fair to treat these houses to-day in a more favourable manner. I do not pretend to know about the houses in the big cities, the statistics of which the right hon. Gentleman has given, but I know a great deal about the houses in country districts, and I am convinced that in many cases this proposition will press very unduly upon the beerhouses. It is a question not whether some blunder was made years ago, but of the position to-day. Parliament naturally cannot be bound by everything that occurred so long ago, but it can, and should, be bound by conditions which Parliament laid down, and which ordinary traders in a perfectly straightforward fashion imagined were to govern their line of business. It is under these conditions that, personally, I should have been very glad if the Government could have seen their way slightly to reduce the proposed scale, even if they could not go so far as the Amendment suggests.
The Chancellor of the Exchequer, in his Budget speech, realised that this enormous increase in the Licence Duties might work great hardship on the on-licensed trade, and he made the very pregnant remark that, as a set-off, the on-licensees could charge practically their increased Licence Duties on the whisky. Even if that anticipation were supported by the facts, which, so far as we can tell at present it is not likely to be, it could not be done in the case of the beerhouses, for the simple reason that they sell only beer and not whisky. Then one word on the monopoly value. From the time of the Licensing Bill of last year to the present day we have heard that the justification for the proposed treatment of on-licensed premises was that the monopoly value belonged to the State, and that therefore the State had a right to recover a part of that monopoly value. In the case of the beerhouse the argument becomes a mere waste of breath, because the beerhouses rest on the firm foundation of a statutory title. You may say that times change, and that what Parliament said 40 years ago may not coincide with the facts of life to-day; but that is no ground for perpetrating an injustice. If beerhouses have a statutory title and on-licensed premises have not, the beerhouses should be given preferential treatment as against the others. You may say that you give them preferential treatment because on-licensed houses are to be charged half the gross annual value, and beerhouses only one-third, but that is not sufficient. Beerhouses at present pay only £3 10s., and if you jump up to one-third of the annual value the difference is too enormous. It is much greater than in the case of the on-licensed houses, because there, at any rate, you proceed from Mr. Gladstone's scale, and the difference, although great, is nothing like as great as the difference in the case of the beerhouses. One-third of the annual value does not coincide with any elementary principle of justice. No doubt you want money, but that is no reason for blinding your eyes to the justice of the case in your mad desire to wreak vengeance on a particular trade with which you are not in sympathy.
I wish to say how sorry I am that you, Sir, should have had to call upon me not to interrupt. I think, however, that the Committee, if they look impartially at these proposals of the Government, must admit that they are extremely unfair to the houses immediately under discussion. When interrupting the Chancellor of the Duchy, I said that the Home Office had refused to allow local authorities to borrow money in order to take up a larger number of houses, as they would have liked to have done, he practically replied that that was not so. Members will remember perfectly well that questions were put to the Home Secretary, who, I am sure, would be the last to deny that my statement was literally correct. His reason for refusing permission was that a Licensing Bill was coming on, and under the circumstances he thought they had better wait.
The Home Office never refused to allow any local authority to raise any sum by compensation levy that they liked. Indeed, the Home Office would not have power to do
Division No. 772.]
| AYES.
| [4.30 p.m.
|
| Acland, Francis Dyke | Ash ton, Thomas Gair | Barker, Sir John |
| Adkins, W. Ryland D. | Baker, Sir John (Portsmouth) | Barnes, G. N. |
| Ainsworth John Stirling | Baring, Godfrey (Isle of Wight) | Barran, Rowland Hirst |
so. What they refused was power to borrow—to forestall future compensation levies. As the matter stands, the local authorities would have a certain amount of money to spend; if they were allowed to borrow, they would have less to spend, because they would have to pay the interest on the money borrowed.
The right hon. Gentleman cannot seriously mean that as an answer. The remaining houses would have enormously increased in value in years to come, and it would be more difficult to pay them off. Applications were made to the Home Office for authority to raise money to pay off these houses. That is the only contention I have made, and the right hon. Gentleman has practically admitted it to be correct. I wish to protest against the theory that a contract once entered into by Parliament is to be lightly departed from. The right hon. Gentleman referred to contracts made by legislation as far back as 1830. We do not need to go back further than 1904. The arrangement definitely made by the Government then was that if these beerhouses were suppressed they should be properly compensated, and now within five years the Government say that that contract is not binding, and that they are quite justified in going away from what was distinctly understood then and in placing on these houses further burdens which practically mean their annihilation. Even when milk vendors in St. James's Park were displaced, compensation was given. The whole of the legislation proposed by this Budget in reference to the licensed trade is the outcome of the determination of the Government, as exemplified in the statement made by the Chief Whip last December, that the people would expect the Chancellor of the Exchequer to cause the abolition of redundant licences by placing on them such taxation as would bring about that end. It is quite useless to appeal to the Government to treat these houses differently, but I strongly protest against the whole proceeding.
Question put, "That the words proposed to be left out, to the word 'subject,' stand part of the Schedule."
The Committee divided: Ayes, 178; Noes, 61.
| Barry, Redmond J. (Tyrone, N.) | Hart-Davies, T. | Paulton, James Mellor |
| Beale, W. P. | Hazel, Dr. A. E. W. | Pearce, Robert (Staffs, Leek) |
| Beck, A. Cecil | Hedges, A. Paget | Pointer, J. |
| Benn, W. (Tower Hamlets, St. Geo.) | Helme, Norval Watson | Pollard, Dr. G. H. |
| Berridge, T. H. D. | Henderson, Arthur (Durham) | Ponsonby, Arthur A. W. H. |
| Birrell, Rt. Hon. Augustine | Henry, Charles S. | Priestley, Sir W. E. B. (Bradford, E.) |
| Black, Arthur W. | Higham, John Sharp | Rea, Rt. Hon. Russell (Gloucester) |
| Boulton, A. C. F. | Hobart, Sir Robert | Rees, J. D. |
| Bowerman, C. W. | Hobhouse, Rt. Hon. Charles E. H. | Richards, T. F. (Wolverhampton, W.) |
| Brigg, John | Hodge, John | Roberts, Charles H. (Lincoln) |
| Brunner, J. F. L. (Lancs., Leigh) | Holland, Sir William Henry | Robertson, J. M. (Tyneside) |
| Brunner, Rt. Hon. Sir J. T. (Cheshire) | Hope, John Deans (Fife, W.) | Robinson, S. |
| Burns, Rt. Hon. John | Horniman, Emslie John | Robson, Sir William Snowdon |
| Byles, William Pollard | Howard, Hon. Geoffrey | Roe, Sir Thomas |
| Carr-Gomm, H. W. | Hutton, Alfred Eddison | Rogers, F. E. Newman |
| Channing, Sir Francis Allston | Illingworth, Percy H. | Rowlands, J. |
| Clough, William | Isaacs, Rufus Daniel | Runciman, Rt. Hon. Walter |
| Cobbold, Felix Thornley | Jardine, Sir J. | Rutherford, V. H. (Brentford) |
| Collins, Stephen (Lambeth) | Jenkins, J. | Samuel, Rt. Hon. H. L. (Cleveland) |
| Cooper, G. J. | Jones, Sir D. Brynmor (Swansea) | Scott, A. H. (Ashton-under-Lyne) |
| Corbett, A. Cameron (Glasgow) | Jones, Leif (Appleby) | Sears, J. E. |
| Corbett, C. H. (Sussex, E. Grinstead) | Jones, William (Carnarvonshire) | Seddon, J. |
| Cornwall, Sir Edwin A. | Kekewich, Sir George | Seely, Colonel |
| Cotton, Sir H. J. S. | Kelley, George D. | Shackleton, David James |
| Cowan, W. H. | King, Alfred John (Knutsford) | Shaw, Sir Charles E. (Stafford) |
| Crossley, William J. | Laidlaw, Robert | Sherwell, Arthur James |
| Davies, Ellis William (Eifion) | Lamont, Norman | Silcock, Thomas Ball |
| Davies, Sir W. Howell (Bristol, S.) | Layland-Barratt, Sir Francis | Sloan, Thomas Henry |
| Dewar, Arthur (Edinburgh, S.) | Lever, A. Levy (Essex, Harwich) | Stanley, Hon. A. Lyulph (Cheshire) |
| Dobson, Thomas W. | Levy, Sir Maurice | Steadman, W. C. |
| Duckworth, Sir James | Lewis, John Herbert | Stewart, Halley (Greenock) |
| Duncan, C. (Barrow-in-Furness) | Lloyd-George, Rt. Hon. David | Straus, B. S. (Mile End) |
| Duncan, J. Hastings (York, Otley) | Macdonald, J. M. (Falkirk Burghs) | Summerbell, T. |
| Dunne, Major E. Martin (Walsall) | Mackarness, Frederic C. | Taylor, Theodore C. (Radcliffe) |
| Erskine, David C. | Macnamara, Dr. Thomas J. | Tennant, Sir Edward (Salisbury) |
| Essex, R. W. | M'Callum, John M. | Tennant, H. J. (Berwickshire) |
| Evans, Sir S. T. | McKenna, Rt. Hon. Reginald | Thomas, Abel (Carmarthen, E.) |
| Everett, R. Lacey | M'Laren, Sir C. B. (Leicester) | Thomasson, Franklin |
| Ferens, T. R. | M'Laren, H. D. (Stafford, W.) | Toulmin, George |
| Findlay, Alexander | Marks, G. Croydon (Launceston) | Verney, F. W. |
| Foster, Rt. Hon. Sir Walter | Marnham, F. J. | Ward, John (Stoke-upon-Trent) |
| Freeman-Thomas, Freeman | Massie, J. | Warner, Thomas Courtenay T. |
| Fuller, John Michael F. | Masterman, C. F. G. | Wason, Rt. Hon. E. (Clackmannan) |
| Fullerton, Hugh | Middlebrook, William | Wason, John Cathcart (Orkney) |
| Gibb, James (Harrow) | Morgan, G. Hay (Cornwall) | Waterlow, D. S. |
| Gill, A. H. | Morgan, J. Lloyd (Carmarthen) | Weir, James Galloway |
| Gladstone, Rt. Hon. Herbert John | Morrell, Philip | White, J. Dundas (Dumbartonshire) |
| Glendinning, R. G. | Morse, L. L. | Whitley, John Henry (Halifax) |
| Goddard, Sir Daniel Ford | Murray, Capt. Hon. A. C. (Kincard.) | Wiles, Thomas |
| Gooch, George Peabody (Bath) | Murray, James (Aberdeen, E.) | Wilkie, Alexander |
| Greenwood, G. (Peterborough) | Myer, Horatio | Wilson, P. W. (St. Pancras, S.) |
| Guest, Hon. Ivor Churchill | Napier, T. B. | Wilson, W. T. (Westhoughton) |
| Gulland, John W. | Nicholls, George | Yoxall, Sir James Henry |
| Harcourt, Rt. Hon. L. (Rossendale) | Nicholson, Charles N. (Doncaster) | |
| Harcourt, Robert V. (Montrose) | Norman, Sir Henry | |
| Hardie, J. Keir (Merthyr Tydvil) | Nuttall, Harry | TELLERS FOR THE AYES.—Captain |
| Hardy, George A. (Suffolk) | Parker, James (Halifax) | Norton and Sir E. Strachey |
| Harmsworth, Cecil B. (Worcester) | Partington, Oswald |
NOES.
| ||
| Anstruther-Gray, Major | Fell, Arthur | Randles, Sir John Scurrah |
| Arkwright, John Stanhope | Fetherstonhaugh, Godfrey | Ratcliffe, Major R. F. |
| Ashley, W. W. | Fletcher, J. S. | Remnant, James Farquharson |
| Balcarres, Lord | Gibbs, G. A. (Bristol, West) | Renwick, George |
| Baldwin, Stanley | Gooch, Henry Cubitt (Peckham) | Roberts, S. (Sheffield, Ecclesall) |
| Banbury, Sir Frederick George | Goulding, Edward Alfred | Rutherford, John (Lancashire) |
| Banner, John S. Harmood- | Harris, Frederick Leverton | Rutherford, Watson (Liverpool) |
| Barnard, E. B. | Hay, Hon. Claude George | Salter, Arthur Clavell |
| Barrie, H. T. (Londonderry, N.) | Heaton, John Henniker | Sassoon, Sir Edward Albert |
| Bowles, G. Stewart | Helmsley, Viscount | Smith, Abel H. (Hertford, E.) |
| Campbell, Rt. Hon. J. H. M. | Hermon-Hodge, Sir Robert | Stanier, Beville |
| Carlile, E. Hildred | Hill, Sir Clement | Starkey, John R. |
| Castlereagh, Viscount | Hills, J. W. | Talbot, Lord E. (Chichester) |
| Chaplin, Rt. Hon. Henry | Kimber, Sir Henry | Walker, Col. W. H. (Lancashire) |
| Clark, George Smith | Lambton, Hon. Frederick William | Wilson, A. Stanley (York, E. R.) |
| Clyde, J. Avon | Long, Rt. Hon. Walter (Dublin, S.) | Winterton, Earl |
| Courthope, G. Loyd | Lonsdale, John Brownlee | Young, Samuel |
| Craik, Sir Henry | Lyttelton, Rt. Hon. Alfred | |
| Dickson, Rt. Hon. C. Scott | Mcore, William | |
| Douglas, Rt. Hon. A. Akers- | Morrison-Bell, Captain | TELLERS FOR THE NOES.—Viscount |
| Faber, George Denison (York) | Parker, Sir Gilbert (Gravesend) | Valentia and Mr. Pike Pease. |
| Faber, Captain W. V. (Hants, W.) | Powell, Sir Francis Sharp | |
moved, in the same column, after the word "premises," to insert the words "as ascertained in the manner directed by Section thirty, Subsection one, and Section thirty-eight."
The object of this Amendment is to make perfectly clear the intimation which was given by the Solicitor-General on Clause 38, that if necessary it should be declared under the Schedule. The circumstances were these: Upon Clause 38 there was a discussion as to whether the intention was to limit the basis upon which the licence was to be charged to premises especially identified with the sale of alcoholic liquors. The words of the Solicitor-General were:—
"I have promised certain words to make it perfectly clear that if any part of the premises is shown to the satisfaction of the Commissioners to be devoted to any trade or business separate or distinct from the business authorised by the licence, it shall be excluded from this annual valuation"
The Solicitor-General promised that on Report stage he would make that right. I shall be satisfied if he tells me that if when he considers the question he finds it is necessary to add these words that he add them, I will not press the matter any further.
Whatever is provided by Clause 30, Sub-section (1), and Clause 38 as a basis for ascertaining the annual value will be admitted to this Schedule as well. I can assure my hon. Friend that it is quite unnecessary to add the reference here to the Schedule. I may just remind him that he has put his Amendment in the wrong place. It only refers to beerhouses here, and it was no doubt intended to apply to both. I made a promise to bring up words on Report to deal with the matter, which he has mentioned more than once in the course of these Debates. The words will in due course be put down on the Paper, and some considerable time before we get to the Report stage.
Will these words apply to Ireland?
I do not think so. It is not the same valuation.
If the Government propose to exclude under the valuation any portion of the premises not devoted to the licensing business, then there is no occasion for the concession they propose to give in the reduced scale to Ireland, which is based upon the assumption that there is a mixed trade. I want to know whether this new Amendment which the right hon. Gentleman is going to put on the Paper for Report is to apply to the Irish valuation?
The ground of the concession is not so narrow as that suggested by the right hon. and learned Gentleman, but I will not discuss it now on a question of the exclusion of part of the premises. I will consider the point raised.
I am perfectly satisfied with what the right hon. Gentleman has said, and ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
, moved in Beerhouse Licences 2, to omit the words "subject to the minimum duty payable under Scale 3." Last night we sought to strike out the minimum duty in regard to on-licences. This Amendment proposes to do the same for beerhouses. The general argument in both cases is practically the same. The last Amendment, unsuccessfully, sought to alleviate an enormous injustice in respect of beerhouses. Here you propose to intensify the situation. I pointed out yesterday that in the case of on-licences no less than 5,768 houses would practically be closed, or their existence would be grievously imperilled, by means of this scale of minimum duties. The injustice to the beerhouses, though not in quite so great a proportion, still is most significant. There are 29,300, and no less than 740 would be wiped out of existence under the operation of your minimum scale. The 740 is worked out in this way: There are 75 houses under £20 annual value in towns of between 10,000 and 50,000 population. Their minimum duty will be £13, whereas if they are treated under the scale of one-third of the annual value instead of £13 it would be about £6 10s. When you get to towns of between 50,000 and 100,000 inhabitants there are 200 houses of £25 annual value with a minimum duty of £20. The minimum would hit them badly, it would mean destruction.
I then come to London. Ninety houses under £42 annual value will have their minimum duty fixed at £23 10s., as against a third of £42, which is £14. Then in towns of 100,000 population beside London there are 375 houses of an annual value of £25, and they will have actually to pay a minimum Licence Duty of £23 10s. Therefore in these cases the minimum duty will be almost as much as the annual value of the houses. That brings up the total I just gave of 740 beerhouses that would be in fact crushed out of existence under the operation of this minimum duty scale. In regard to Manchester, there are upwards of 1,000 beerhouses. Less than half that number are fully-licensed houses. The justices there steadily pursued a policy of forbidding anything to be done to enlarge or improve the structure of the premises. These beerhouses were all protected by the Act of 1869 from having their licences taken away for anything other than misconduct, but under the Act of 1904 they are liable to be taken away upon the payment of compensation. The imposition of this minimum duty upon them now must have the effect that the Prime Minister admitted it was intended to have, namely, to crush them out of existence without paying any compensation. The passage to which I am going to refer is from the Prime Minister's speech on 10th June, 1909. "The Chancellor of the Exchequer," the Prime Minister said, "is perfectly justified in regard to these Liquor and Licence Duties in considering whether the effect may not be to discourage the growth, and, indeed, the existence, of the worst class of houses."
It is the duty of the licensing justices in the case of the worst class of houses to suppress them, but supression of the worst class of house by the Excise certainly does not come into the matter at all. If by "the worst" is meant the smallest, I must say, with all respect to the Prime Minister, it seems to me to be grossly unfair. The small houses require quite as much consideration upon the ground of fairness and equity as the larger licensed houses in the country. I think I have said quite sufficient to emphasise my point that the total effect of your legislation in regard to the beerhouses as now accentuated by your minimum scale will have the effect of doing most colossal injustice and crushing out of existence very many licensed houses that have done no wrong whatever, and have only pursued an honest calling under the law.
I do not complain of the tone of the hon. Gentleman's speech, nor, indeed, of any of his speeches except that I think in presenting his case ha has been guilty of what appears to be some exaggeration of statement as to the probable consequences of these duties. I rapidly worked out what would be the increased burden on certain of these houses, which the hon. Member said were going to destroy them. He gave the figures of some hundreds of houses, which, he said, must necessarily close their doors in consequence of this minimum duty. He said that in certain cases certain houses would have to pay a heavier duty of £13 instead of a duty of £6 that they would otherwise be called on to pay, and that that meant destruction to a very large number of them. The increased duty per annum is £7. That per week amounts to 2s. 8d. The increased charge on these houses, which is to make a difference between prosperity and absolute ruin is 2s. 8d. per week, and as many of these houses are doing a very considerable trade, and in consequence of the low valuation a very profitable trade, it really cannot be accepted that the duty, equal to 2s. 8d. per week, can have these terrifying consequences. These houses have a very low valuation. They are lowly rented. Their standing charges consequently are very moderate, and they pay exceedingly little for the local rates compared with many of the larger public-houses, and they pay very little towards local taxation. And that is going on year after year. The local authorities are getting far less in the way of revenue from these public-houses than they are entitled to receive. Further, as regards the Licence Duty, the very low duty of £3 10s., which they pay now, is absurd. It has been paid by them for years and years, and so far from any complaint being made about the increased duty, complaint should come from the opposite direction of the very little which the community have been getting from this class of trader for years past—infinitely less than common justice would require from them. With regard to the effect of this duty on some houses I am inclined to agree. There may be some which in effect are kept open for the purposes of compensation in the hope that their licencesmay be taken away under the Act of 1904, and that large compensation may be paid; and in certain cases these people may not really think it worth their while to continue waiting if they are to pay the £16 or £18 a year required from them under the minimum scale. In consequence, here and there some licences may drop out, but I do not for a moment anticipate that the effect of this minimum scale is in the least degree likely to be such as the hon. Member in his rather gloomy speech suggested. As to the minimum scale, it is the same in the case of beerhouses and in fully-licensed houses, and the House having decided that this is to apply in the case of fully-licensed houses, is hardly likely to go back on that in regard to the beerhouses. Parliament has given us precedents for our action in this matter in the Act of 1884 and in the Act of 1872. In these circumstances, we cannot consent to the elimination from this part of the Bill of the scale in proportion of the scale of population.
The right hon. Gentleman made one very remarkable admission, which seemed certainly to establish and to emphasise what has already fallen from the Prime Minister. We all know, for the Prime Minister told us some weeks ago, that the intention of this Clause is none other than to reduce the number of beerhouses without compensation. The right hon. Gentleman the Chancellor of the Duchy has not denied that the effect would be such as was anticipated by my hon. Friend behind me, and he actually said that the intention of the Government was and the design of the Government was that certain beerhouses which are now in existence, and which would be entitled to compensation, should be squeezed out of existence before compensation is paid.
I did not say "intention or desire."
The right hon. Gentleman said "effect." The Prime. Minister supplied the intention and desire. Between the two it is perfectly clear that first the intention of the Government is that these houses should be squeezed out, and according to the Chancellor of the Duchy that actual result will follow. I can only say that I consider, as one of those responsible for the Act of 1904, which took away certain statutory rights, and gave them for those rights a certain definite compensation not payable by the public, but out of trade funds. It is a perfect outrage that within five years after the passing of that Act this Government should come forward and say, notwithstanding that your statutory position was taken away under the Act of 1904, and that compensation was to be given you, we will now set to work to extinguish you by legislation which will rob you of the compensation that was given you by the Act of 1904.
5.0 P.M.
I rise for the purpose of putting forward a point which has not been touched upon already. It is quite true the same intention applies with regard to the minimum duty for beerhouses as for fully-licensed houses. But I desire to say that I object entirely to this indirect way of abolishing the beerhouses of the country. There is no doubt that this minimum duty will have the effect of abolishing a great number of them. The right hon. Gentleman the Chancellor of the Duchy said a great many of these houses are remaining open in the hope of getting the compensation. In a few cases perhaps that is correct, but these houses carry on their trade in an orderly, well-conducted manner, and they will be abolished by the effect of this legislation. I do not think it was contemplated by the people of this country that these houses should be abolished in that manner. This is a matter which I maintain will affect the constituency of the size of my own at Maidstone, which has a population of between 10,000 and 50,000. The beerhouses within the borough with a £15 annual value will be called upon to pay a duty of £13. It is quite possible that in the immediate neighbourhood there will be another beerhouse outside the borough boundary of an equal annual value, and this may be called upon to pay a duty of £5. Here are two houses to all intents and purposes of equal value, doing exactly the same trade, each having an annual value of £15, and one of them will have to pay a duty of £13 whilst the other will only pay £5. I put that case to the right hon. Gentleman, and I hope he will enlighten me upon it.
I have already dealt with that point.
The right hon. Gentleman has not dealt with the case of public-houses which will be required to pay, under the minimum duty, £23 10s. We have just heard the marvellous statement made that this only means 2s. 8d. per week extra. I am assured that in the vast majority of beerhouses the amount of profit which is made is equal to a halfpenny per pint, and in order to pay this extra 2s. 8d. per week they will have to serve an additional 64 pints. This is really a very enormous increase indeed. Take the case of other small traders, such as grocers, bakers, or butchers. Would the right hon. Gentleman maintain that an additional charge of 2s. 8d. per week on small businesses which are only showing a bare profit is a small tax? The statement which the right hon. Gentleman made in regard to beerhouses being kept open merely to obtain compensation has been made a good many times in the course of these Debates, and it was constantly made in the discussion on the Licensing Bill. May I point out that up to the present we have not had a tittle of evidence in proof of that statement. Where are these public-houses which are being kept open merely to obtain compensation? It is easy enough to make such a statement, but it ought not to be made without being substantiated. I do not think there are more than one dozen public-houses in the whole country being kept open for that reason. Many of them no doubt are being kept open in the hope that in the near future better trade conditions will exist, but that prospect will disappear if this Schedule is adopted.
Division No. 773.]
| AYES.
| [5.6 p.m.
|
| Acland, Francis Dyke | Fullerton, Hugh | Middlebrook, William |
| Adkins, W. Ryland D. | Gibb, James (Harrow) | Morgan, G. Hay (Cornwall) |
| Ainsworth, John Stirling | Gill, A. H. | Morgan, J. Lloyd (Carmarthen) |
| Alden, Percy | Gladstone, Rt. Hon. Herbert John | Morse, L. L. |
| Allen, A. Acland (Christchurch) | Glendinning, R. G. | Murray, Capt. Hon. A. C. (Kincard.) |
| Ashton, Thomas Gair | Goddard, Sir Daniel Ford | Murray, James (Aberdeen, E.) |
| Astbury, John Meir | Gooch, George Peabody (Bath) | Myer, Horatio |
| Atherley-Jones, L. | Greenwood, G. (Peterborough) | Napier T. B. |
| Baker, Sir John (Portsmouth) | Guest, Hon. Ivor Churchill | Nicholson, Charles N. (Doncaster) |
| Baring, Godfrey (Isle of Wight) | Gulland, John W. | Nuttall, Harry |
| Barker, Sir John | Harcourt, Rt. Hon. L. (Rossendale) | Parker, James (Halifax) |
| Barlow, Sir John E. (Somerset) | Harcourt, Robert V. (Montrose) | Partington, Oswald |
| Barnard, E. B. | Hardie, J. Keir (Merthyr Tydvil) | Pearce, Robert (Staffs, Leek) |
| Barnes, G. N. | Hardy, George A. (Suffolk) | Pence, William (Limehouse) |
| Barran, Rowland Hirst | Harmsworth, Cecil B. (Worcester) | Pickersgill, Edward Hare |
| Barry, Redmond J. (Tyrone, N.) | Harmsworth, R. L. (Caithness-shire) | Pointer, J. |
| Benn, W. (Tower Hamlets, St. Geo.) | Hart-Davies, T. | Pollard, Dr. G. H. |
| Bethell, Sir J. H. (Essex, Romford) | Hazel, Dr. A. E. W. | Ponsonby, Arthur A. W. H. |
| Birrell, Rt. Hon. Augustine | Hedges, A. Paget | Priestley, Sir W. E. B. (Bradford, E.) |
| Black, Arthur W. | Helme, Norval Watson | Rainy, A. Rolland |
| Boulton, A. C. F. | Henderson, Arthur (Durham) | Rea, Rt. Hon. Russell (Gloucester) |
| Bowerman, C. W. | Henderson, J. McD. (Aberdeen, W.) | Rees, J. D. |
| Brigg, John | Henry, Charles S. | Rendall, Athelstan |
| Brunner, J. F. L. (Lancs., Leigh) | Higham, John Sharp | Roberts, Charles H. (Lincoln) |
| Brunner, Rt. Hon. Sir J. T. (Cheshire) | Hobart, Sir Robert | Robinson, S. |
| Burns, Rt. Hon. John | Hobhouse, Rt. Hon. Charles E. H. | Robson, Sir William Snowdon |
| Byles, William Pollard | Hodge, John | Roe, Sir Thomas |
| Carr-Gomm, H. W. | Hope, John Deans (Fife, West) | Rogers, F. E. Newman |
| Channing, Sir Francis Allston | Horniman, Emslie John | Rowlands, J. |
| Clough, William | Howard, Hon. Geoffrey | Runciman, Rt. Hon. Walter |
| Clynes, J. R. | Mutton, Alfred Eddison | Rutherford, V. H. (Brentford) |
| Cobbold, Felix Thornley | Illingworth, Percy H. | Samuel, Rt. Hon. H. L. (Cleveland) |
| Collins, Stephen (Lambeth) | Jardine, Sir J. | Scott, A. H. (Ashton-under-Lyne) |
| Cooper, G. J. | Jenkins, J. | Sears, J. E. |
| Corbett, A. Cameron (Glasgow) | Jones, Sir D. Brynmor (Swansea) | Seaverns, J. H. |
| Corbett, C. H. (Sussex, E. Grinstead) | Jones, Leif (Appleby) | Seddon, J. |
| Cornwall, Sir Edwin A. | Jones, William (Carnarvonshire) | Seely, Colonel |
| Cotton, Sir H. J. S. | Kekewich, Sir George | Shaw, Sir Charles E. (Stafford) |
| Crossley, William J. | Kelley, George D. | Sherwell, Arthur James |
| Davies, Ellis William (Eifion) | King, Alfred John (Knutsford) | Silcock, Thomas Ball |
| Davies, Sir W. Howell (Bristol, S.) | Laidlaw, Robert | Sloan, Thomas Henry |
| Dewar, Arthur (Edinburgh, S.) | Lament, Norman | Stanley, Hon. A. Lyulph (Cheshire) |
| Dickinson, W. H. (St. Pancras, N.) | Layland-Barratt, Sir Francis | Steadman, W. C. |
| Dobson, Thomas W. | Lever, A. Levy (Essex, Harwich) | Stewart, Halley (Greenock) |
| Duckworth, Sir James | Levy, Sir Maurice | Stewart-Smith, D. (Kendal) |
| Duncan, J. Hastings (York, Otley) | Lewis, John Herbert | Straus, B. S. (Mile End) |
| Dunne, Major E. Martin (Walsall) | Lloyd-George, Rt. Hon. David | Summerbell, T. |
| Erskine, David C. | Macdonald, J. M. (Falkirk Burghs) | Taylor, Theodore C. (Radcliffe) |
| Essex, R. W. | Mackarness, Frederic C | Tennant, Sir Edward (Salisbury) |
| Evans, Sir S. T. | Macnamara, Dr. Thomas J. | Tennant, H. J. (Berwickshire) |
| Everett, R. Lacey | M'Callum, John M. | Thomas, Abel (Carmarthen, E.) |
| Ferens, T. R. | McKenna, Rt. Hon. Reginald | Thomasson, Franklin |
| Fiennes, Hon. Eustace | M'Laren, Sir C. B. (Leicester) | Thorne, William (West Ham) |
| Findlay, Alexander | M'Laren, H. D. (Stafford, W.) | Toulmin, George |
| Foster, Rt. Hon. Sir Waiter | Marnham, F. J. | Verney, F. W. |
I wish to enter my protest against the unwarrantable assumption by the Government that the owners of public-houses are keeping them open in order to make a mean and despicable attempt to obtain compensation from the Government to which they are not entitled. It is a most ridiculous assumption, and it would be just as sensible to say that other businesses are being kept open because under a future Socialist Government they hope to be taken over by the State.
Question put, "That the words proposed to be left out stand part of the Schedule."
The Committee divided: Ayes, 178; Noes, 67.
| Ward, John (Stoke-upon-Trent) | Weir, James Galloway | Williamson, Sir A. |
| Warner, Thomas Courtenay T. | White, J. Dundas (Dumbartonshire) | Wilson, W. T. (Westhoughton) |
| Wason, Rt. Hon. E. (Clackmannan) | Whitley, John Henry (Halifax) | Yoxall, Sir James Henry |
| Wason, John Cathcart (Orkney) | Wiles, Thomas | |
| Waterlow, D. S. | Wilkie, Alexander | TELLERS FOR THE AYES.—Captain Norton and Sir E. Strachey. |
NOES.
| ||
| Anstruther-Gray, Major | Fletcher, J. S. | Randles, Sir John Scurrah |
| Arkwright, John Stanhope | Forster, Henry William | Ratcliffe, Major R. F. |
| Ashley, W. W. | Gibbs, G. A. (Bristol, West) | Remnant, James Farquharson |
| Balcarres, Lord | Gooch, Henry Cubitt (Peckham) | Renwick, George |
| Baldwin, Stanley | Goulding, Edward Alfred | Roberts, S. (Sheffield, Ecclesall) |
| Banbury, Sir Frederick George | Harris, Frederick Leverton | Rutherford, John (Lancashire) |
| Barrie, H. T. (Londonderry, N.) | Hay, Hon. Claude George | Rutherford, Watson (Liverpool) |
| Bowles, G. Stewart | Heaton, John Henniker | Salter, Arthur Clavell |
| Bridgeman, W. Clive | Helmsley, Viscount | Sassoon, Sir Edward Albert |
| Campbell, Rt. Hon. J. H. M. | Hermon-Hodge, Sir Robert | Smith, Abel H. (Hertford, East) |
| Carlile, E. Hildred | Hill, Sir Clement | Stanier, Beville |
| Castlereagh, Viscount | Hills, J. W. | Starkey, John R. |
| Cecil, Lord R. (Marylebone, E.) | Hope, James Fitzalan (Sheffield) | Talbot, Lord E. (Chichester) |
| Chaplin, Rt. Hon. Henry | Kimber, Sir Henry | Valentia, Viscount |
| Clark, George Smith | King, Sir Henry Seymour (Hull) | Walker, Col. W. H. (Lancashire) |
| Clyde, J. Avon | Lambton, Hon. Frederick William | Williams, Col. R. (Dorset, W.) |
| Courthope, G. Loyd | Long, Col. Charles W. (Evesham) | Wilson, A. Stanley (York, E. R.) |
| Craik, Sir Henry | Lonsdale, John Brownlee | Wyndham, Rt. Hon. George |
| Dickson, Rt. Hon. Charles Scott | Lowe, Sir Francis William | Young, Samuel |
| Douglas, Rt. Hon. A. Akers- | Lyttelton, Rt. Hon. Alfred | |
| Faber, George Denison (York) | Moore, William | |
| Faber, Capt W. V. (Hants, W.) | Morrison-Bell, Captain | TELLERS FOR THE NOES.—Earl |
| Fell, Arthur | Parker, Sir Gilbert (Gravesend) | Winterton and Sir W. Bull. |
| Fetherstonhaugh, Godfrey | Pease, Herbert Pike (Darlington) | |
Scale 3—Minimum Duty Payable For Publican's And Beerhouse Licences
There shall be a minimum duty payable on the publican's licence and the beerhouse licence respectively, as shown in
| Population. | Minimum Duty. | ||
| Publican's Licence. | Beerhouse Licence. | ||
| £ | £ | s. | |
| In areas which are not urban areas, and in urban areas with a population of less than 2,000 | 5 | 3 | 10 |
| In urban areas with a population of— | |||
| 2,000 and less than 5,000 | 10 | 6 | 10 |
| 5,000 and less than 10,000 | 15 | 10 | 0 |
| 10,000 and less than 50,000 | 20 | 13 | 0 |
| 50,000 and less than 100,000 | 30 | 20 | 0 |
| 100,000 or above | 35 | 23 | 10 |
For the purposes of this scale an urban area means any county borough, borough, or other urban district; and the administrative county of London shall be deemed to be a single urban area; and population shall be calculated according to the last published census for the time being.
moved to insert as a new line below "Population" the words "In Great Britain."
This Amendment, to use an Irishism, is consequential upon something which is to
the following scale and where the annual value of any licensed premises is less than the annual value to which the minimum duty corresponds, duty shall be charged as if the premises were of that annual value.
follow," and I will make a short statement to the Committee on the Amendment which appears later.
If we allow this Amendment to go through, shall we be at liberty later to discuss the inclusion of Ireland in the proposed concession or merely the amount? If we allow this to go through sub silentio it may be ruled that we have already decided the matter except the amount.
The effect of inserting these words would be that there would be no scale at all for Ireland until we come to the consequential Amendments, and I think, therefore, it would be quite in order to discuss the matter on the later Amendment.
Division No. 774.]
| AYES.
| [5.17 p.m.
|
| Abraham, W. (Cork, N.E.) | Gooch, George Peabody (Bath) | Nicholson, Charles N. (Doncaster) |
| Acland, Francis Dyke | Greenwood, G. (Peterborough) | Nolan, Joseph |
| Adkins, W. Ryland D. | Gulland, John W. | Nugent, Sir Walter Richard |
| Ainsworth, John Stirling | Gwynn, Stephen Lucius | Nuttall, Harry |
| Alden, Percy | Harcourt, Rt. Hon. L. (Rossendale) | O'Brien, Patrick (Kilkenny) |
| Allen, A. Acland (Christchurch) | Harcourt, Robert V. (Montrose) | O'Kelly, Conor (Mayo, N.) |
| Allen, Charles P. (Stroud) | Hardie, J. Keir (Merthyr Tydvil) | O'Shaughnessy, P. J. |
| Ambrose, Robert | Hardy, George A. (Suffolk) | O'Shee, James John |
| Ashton, Thomas Gair | Harmsworth, Cecil B. (Worcester) | Parker, James (Halifax) |
| Astbury, John Meir | Harmsworth, R. L. (Caithness-shire) | Partington, Oswald |
| Atherley-Jones, L. | Harrington, Timothy | Pearce, Robert (Staffs, Leek) |
| Baker, Sir John (Portsmouth) | Hart-Davies, T. | Pearce, William (Limehouse) |
| Baring, Godfrey (Isle of Wight) | Hazel, Dr. A. E. W. | Philips, John (Longford, S.) |
| Barker, Sir John | Healy, Timothy Michael | Pickersgill, Edward Hare |
| Barlow, Sir John E. (Somerset) | Hedges, A. Paget | Pointer, J. |
| Barnard, E. B. | Helme, Norval Watson | Pollard, Dr. G. H. |
| Barnes, G. N. | Henderson, Arthur (Durham) | Ponsonby, Arthur A. W. H. |
| Barran, Rowland Hirst | Henry, Charles S. | Power, Patrick Joseph |
| Barry, Redmond J. (Tyrone, N.) | Higham, John Sharp | Priestley, Sir W. E. B. (Bradford, E.) |
| Beale, W. P. | Hobart, Sir Robert | Rainy, A. Holland |
| Benn, w. (Tower Hamlets, St. Geo.) | Hobhouse, Rt. Hon. Charles E. H. | Rea, Rt. Hon. Russell (Gloucester) |
| Bethell, Sir J. H. (Essex, Romford) | Hodge, John | Reddy, M. |
| Birrell, Rt. Hon. Augustine | Hogan, Michael | Redmond, John E. (Waterford) |
| Black, Arthur W. | Hope, John Deans (Fife, West) | Redmond, William (Clare) |
| Boland, John | Horniman, Emslie John | Rees, J. D. |
| Boulton, A. C. F. | Hutton, Alfred Eddison | Remnant, James Farquharson |
| Bowerman, C. W. | Illingworth, Percy H. | Rendall, Athelstan |
| Brigg, John | Isaacs, Rufus Daniel | Robinson, S. |
| Brunner, J. F. L. (Lancs., Leigh) | Jenkins, J. | Robson, Sir William Snowdon |
| Brunner, Rt. Hon. Sir J. T. (Cheshire) | Jones, Sir D. Brynmor (Swansea) | Roch, Walter F. (Pembroke) |
| Burke, E. Haviland- | Jones, William (Carnarvonshire) | Roe, Sir Thomas |
| Burns, Rt. Hon. John | Joyce, Michael | Rogers, F. E. Newman |
| Byles, William Pollard | Kavanagh, Walter M. | Rowlands, J. |
| Carr-Gomm, H. W. | Kekewich, Sir George | Runciman, Rt. Hon. Walter |
| Cheetham, John Frederick | Kelley, George D. | Rutherford, V. H. (Brentford) |
| Clough, William | King, Alfred John (Knutsford) | Samuel, Rt. Hon. H. L. (Cleveland) |
| Clynes, J. R. | Laldlaw, Robert | Scanlan, Thomas |
| Cobbold, Felix Thornley | Lament, Norman | Scott, A. H. (Ashton-under-Lyne) |
| Collins, Stephen (Lambeth) | Layland-Barratt, Sir Francis | Sears, J. E. |
| Cooper, G. J. | Lever, A. Levy (Essex, Harwich) | Seaverns, J. H. |
| Corbett, C. H. (Sussex, E. Grinstead) | Levy, Sir Maurice | Seddon, J. |
| Cornwall, Sir Edwin A. | Lewis, John Herbert | Seely, Colonel |
| Cotton, Sir H. J. S. | Lloyd-George, Rt. Hon. David | Shackleton, David James |
| Crossley, William J. | Lundon, T. | Shaw, Sir Charles E. (Stafford) |
| Davies, Ellis William (Eifion) | Lynch, A. (Clare, W.) | Sheehan, Daniel Daniel |
| Davies, Sir W. Howell (Bristol, S.) | Macdonald, J. M. (Falkirk Burghs) | Sherwell, Arthur James |
| Dewar, Arthur (Edinburgh, S.) | Mackarness, Frederic C. | Shipman, Dr. John G. |
| Dickinson, W. H. (St. Pancras, N.) | Macnamara, Dr. Thomas J. | Silcock, Thomas Ball |
| Dobson, Thomas W. | MacNeill, John Gordon Swift | Smyth, Thomas F. (Leitrim, S.) |
| Duckworth, Sir James | MacVeigh, Charles (Donegal, E.) | Stanley, Hon. A. Lyulph (Cheshire) |
| Duncan, J. Hastings (York, Otley) | M'Callum, John M. | Steadman, W. C. |
| Dunne, Major E. Martin (Walsall) | M'Laren, Sir C. B. (Leicester) | Stewart, Halley (Greenock) |
| Erskine, David C. | M'Laren, H. D. (Stafford, W.) | Stewart-Smith, D. (Kendal) |
| Essex, R. W. | Marnham, F. J. | Straus, B. S. (Mile End) |
| Evans, Sir S. T. | Masterman, C. F. G. | Summerbell, T. |
| Everett, R. Lacey | Middlebrook, William | Taylor, Theodore C. (Radcliffe) |
| Ferens, T. R. | Mond, A. | Tennant, Sir Edward (Salisbury) |
| Ffrench, Peter | Mooney, J. J. | Tennant, H. J. (Berwickshire) |
| Field, William | Morgan, G. Hay (Cornwall) | Thomas, Abel (Carmarthen, E.) |
| Fiennes, Hon. Eustace | Morgan, J. Lloyd (Carmarthen) | Thomasson, Franklin |
| Findlay, Alexander | Morse, L. L. | Thorne, William (West Ham) |
| Flavin, Michael Joseph | Muldoon, John | Toulmin, George |
| Foster, Rt. Hon. Sir Walter | Murnaghan, George | Verney, F. W. |
| Fullerton, Hugh | Murphy, John (Kerry, E.) | Ward, John (Stoke-upon-Trent) |
| Gibb, James (Harrow) | Murray, James (Aberdeen, E.) | Warner, Thomas Courtenay T. |
| Gill, A. H. | Myer, Horatio | Wason, Rt. Hon. E. (Clackmannan) |
| Ginnell, H. | Nannetti, Joseph P. | Wason, John Cathcart (Orkney) |
| Gladstone, Rt. Hon. Herbert John | Napier, T. B. | Waterlow, D. S. |
| Goddard, Sir Daniel Ford | Nicholls, George | Weir, James Galloway |
Then I shall reserve my arguments till a later stage, but I shall certainly divide against this proposal.
Question put, "That those words be there inserted."
The Committee divided: Ayes, 217; Noes, 69.
| White, J. Dundas (Dumbartonshire) | Williamson, Sir A. | Yoxall, Sir James Henry |
| Whitley, John Henry (Halifax) | Wills, Arthur Walters | |
| Wiles, Thomas | Wilson, W. T. (Wetthoughton) | TELLERS FOR THE AYES.—Captain |
| Wilkie, Alexander | Young, Samuel | Norton and Sir E. Strachey. |
NOES.
| ||
| Arstruther-Gray, Major | Fletcher, J. S. | Morrison-Bell, Captain |
| Arkwright, John Stanhope | Gibbs, G. A. (Bristol, West) | Pease, Herbert Pike (Darlington) |
| Ashley, W. W. | Glendinning, R. G. | Randles, Sir John Scurrah |
| Balcarres, Lord | Gooch, Henry Cubitt (Peckham) | Ratcliff, Major R. F. |
| Baldwin, Stanley | Goulding, Edward Alfred | Renwick, George |
| Banbury, Sir Frederick George | Hamilton, Marquess of | Roberts, S. (Sheffield, Ecclesall) |
| Bowles, G. Stewart | Harris, Frederick Leverton | Rutherford, John (Lancashire) |
| Bridgeman, W. Clive | Hay, Hon. Claude George | Rutherford, Watson (Liverpool) |
| Bull, Sir William James | Heaton, John Henniker | Sassoon, Sir Edward Albert |
| Campbell, Rt. Hon. J. H. M. | Helmsley, Viscount | Sloan, Thomas Henry |
| Carlile, E. Hildred | Hermon-Hodge, Sir Robert | Smith, Abel H. (Hertford, E.) |
| Castlereagh, Viscount | Hill, Sir Clement | Stanier, Beville |
| Cecil, Lord R. (Marylebone, E.) | Hills, J. W. | Starkey, John R. |
| Channing, Sir Francis Allston | Howard, Hon. Geoffrey | Talbot, Lord E. (Chichester) |
| Chaplin, Rt. Hon. Henry | Jones, Leif (Appleby) | Valentia, Viscount |
| Clark, George Smith | Kerry, Earl of | Walker, Col. W. H. (Lancashire) |
| Clyde, J. Avon | Kimber, Sir Henry | Warde, Col. C. E. (Kent, Mid) |
| Courthope, G. Loyd | King, Sir Henry Seymour (Hull) | Williams, Col. R. (Dorset, W.) |
| Craik, Sir Henry | Lambton, Hon. Frederick William | Wilson, A. Stanley (York, E. R.) |
| Dickson, Rt. Hon. C. Scott | Long, Col. Charles W. (Evesham) | Winterton, Earl |
| Douglas, Rt. Hon. A. Akers- | Long, Rt. Hon. Walter (Dublin, S.) | Wyndham, Rt. Hon. George |
| Faber, Capt. W. V. (Hants, W.) | Lowe, Sir Francis William | |
| Fell, Arthur | Lyttelton, Rt. Hon. Alfred | TELLERS FOR THE NOES.—Mr. Lonsdale and Mr. Moore. |
| Fetherstonhaugh, Godfrey | M'Arthur, Charles | |
moved, in the table (Scale 3), after the line ["5,000 and less than 10,000, etc.], to insert:—
"10,000 and less than 30,000… £17 10s.…. £11 10s.,"
and in the succeeding line ["10,000 and less than 50,000, etc"], to leave out "10,000," and to insert instead thereof "30,000."
If the Schedule remains as it is there are going to be a great many hard cases in towns which have just over 10,000 in population. It is a great jump from 10,000 to 50,000, and it seems to me the Government would do well to insert the Amendment I suggest, and make the duty in towns between 10,000 and 30,000 £17 10s. for a publican's licence and £11 10s. for a beerhouse licence. It would be very hard upon smaller towns if they are put upon the same footing as towns of 50,000 inhabitants. After all, there as a great difference between 10,000 and 50,000 inhabitants, and I cannot help thinking the Government will see their way to accept this Amendment.
The Government would, of course, be happy to consider any proposals backed up by cogent arguments for any modifications in such a scale as is now proposed for the first time, but I cannot admit that the hon. Member has advanced any considerations why the uniformity of the scale should be broken in the case of these towns. The scale goes up by steps of £5 all through, and the hon. Member proposes to interpolate in the middle the anomalous sum of £17 10s., whilst the only reason he advances is that in towns of a population between 10,000 and 30,000 publicans of low-value houses would prefer to pay £17 10s. than £20, which is obvious. If that concession were made, I am afraid the Government would be unable to resist similar Amendments making stages by £2 10s. instead of £5, which is a more far-reaching proposition than the hon. Gentleman has advanced. His Amendment is not one that the Government can possibly accept.
My hon. Friend's point is that the step between 10,000 and 50,000 is too steep. You ought not to go from 10,000 to 50,000 at one jump. You ought to go from 10,000 to 30,000, and then from 30,000 to 50,000. My hon. Friend desires that where the population is between 10,000 and less than 30,000 the duty shall be £17 10s. in the case of full on-licences and £11 10s. in the case of beerhouses. I understand that to be the object of the Amendment—to alter the graduation. I do not think the right hon. Gentleman addressed himself exactly to that argument. If my hon. Friend goes to a Division I shall think it my duty to support him.
May I point out that actual symmetry is not carried out even now, as there is a jump in regard to the publican's licences, from £20 to £30, and, when you come to the beerhouse scale you have still greater anomalies. I think in almost every case the limit is drawn at the population of 20,000 inhabitants. It certainly was done in the case of the Education Act, and it has also been applied in Local Government Acts. There is always a difference made between small and important towns, and I hope the theory of the Government is that the position of these houses becomes more valuable accordingly as the population increases. Still, I think there ought to be some step between £10 and £50.
I quite agree that it may be advisable before the Report stage to consider as to introducing an intermediate step. The newest analogy
Division No. 775.]
| AYES.
| [5.35 p.m.
|
| Acland, Francis Dyke | Everett, R. Lacey | Masterman, C. F. G. |
| Adkins, W. Ryland D. | Fiennes, Hon. Eustace | Middlebrook, William |
| Ainsworth, John Stirling | Findlay, Alexander | Mond, A. |
| Alden, Percy | Foster, Rt. Hon. Sir Walter | Morgan, G. Hay (Cornwall) |
| Allen, A. Acland (Christchurch) | Fullerton, Hugh | Morgan, J. Lloyd (Carmarthen) |
| Allen, Charles P. (Stroud) | Gibb, James (Harrow) | Morse, L. L. |
| Ashton, Thomas Gair | Gill, A. H. | Murray, James (Aberdeen, E.) |
| Astbury, John Meir | Gladstone, Rt. Hon. Herbert John | Myer, Horatio |
| Atherley-Jones, L. | Glendinning, R. G. | Napier, T. B. |
| Baker, Sir John (Portsmouth) | Goddard, Sir Daniel Ford | Nicholls, George |
| Baring, Godfrey (Isle of Wight) | Gooch, George Peabody (Bath) | Nicholson, Charles N. (Doncaster) |
| Barker, Sir John | Greenwood, G. (Peterborough) | Nuttall, Harry |
| Barlow, Sir John E. (Somerset) | Gulland, John W. | Parker, James (Halifax) |
| Barnard, E. B. | Harcourt, Rt. Hon. L. (Rossendale) | Partington, Oswald |
| Barnes, G. N. | Harcourt, Robert V. (Montrose) | Pearce, Robert (Staffs, Leek) |
| Barran, Rowland Hirst | Hardie, J. Keir (Merthyr Tydvil) | Pearce, William (Limehouse) |
| Barry, Redmond J. (Tyrone, N.) | Hardy, George A. (Suffolk) | Pickersgill, Edward Hare |
| Beale, W. P. | Harmsworth, Cecil B. (Worcester) | Pointer, J. |
| Bonn, W. (Tower Hamlets, St. Geo.) | Harmsworth, R. L. (Caithness-shire) | Pollard, Dr. G. H. |
| Bethell, Sir J. H. (Essex, Romford) | Hazel, Dr. A. E. W. | Ponsonby, Arthur A. W. H. |
| Birrell, Rt. Hon. Augustine | Hedges, A. Paget | Priestley, Sir W. E. B. (Bradford, E.) |
| Black, Arthur W. | Helme, Norval Watson- | Rainy, A. Holland |
| Boulton, A. C. F. | Henderson, Arthur (Durham) | Rea, Rt. Hon. Russell (Gloucester) |
| Bowerman, C. W. | Henry, Charles S. | Rees, J. D. |
| Brigg, John | Higham, John Sharp | Rendall, Athelstan |
| Brodie, H. C. | Hobart, Sir Robert | Roberts, Charles H. (Lincoln) |
| Brunner, J. F. L. (Lancs., Leigh) | Hobhouse, Rt. Hon. Charles E. H. | Robinson, S. |
| Brunner, Rt. Hon. Sir J. T. (Cheshire) | Hodge, John | Robson, Sir William Snowdon |
| Burns, Rt. Hon. John | Hope, John Deans (Fife, West) | Roch, Walter F. (Pembroke) |
| Byles, William Pollard | Horniman, Emslie John | Roe, Sir Thomas |
| Carr-Gomm, H. W. | Howard, Hon. Geoffrey | Rogers, F. E. Newman |
| Cawley, Sir Frederick | Hutton, Alfred Eddison | Rowlands, J. |
| Channing, Sir Francis Allston | Illingworth, Percy H. | Runciman, Rt. Hon. Walter |
| Cheetham, John Frederick | Isaacs, Rufus Daniel | Rutherford, V. H. (Brentford) |
| Clough, William | Jackson, R. S. | Samuel, Rt. Hon. H. L. (Cleveland) |
| Clynes, J. R. | Jardine, Sir J. | Scott, A. H. (Ashton-under-Lyne) |
| Cobbold, Felix Thornley | Jenkins, J. | Sears, J. E. |
| Collins, Stephen (Lambeth) | Jones, Sir D. Brynmor (Swansea) | Seaverns, J. H. |
| Collins, Sir Wm. J. (St. Pancras, W.) | Jones, Leif (Appleby) | Seddon, J. |
| Compton-Rickett, Sir J. | Jones, William (Carnarvonshire) | Seely, Colonel |
| Cooper, G. J. | Kekewich, Sir George | Shackleton, David James |
| Corbett, A. Cameron (Glasgow) | Kelley, George D. | Shaw, Sir Charles E. (Stafford) |
| Corbett, C. H. (Sussex, E. Grinstead) | King, Alfred John (Knutsford) | Sherwell, Arthur James |
| Cornwall, Sir Edwin A. | Laidlaw, Robert | Shipman, Dr. John G. |
| Cotton, Sir H. J. S. | Lamont, Norman | Silcock, Thomas Ball |
| Cowan, W. H. | Layland-Barratt, Sir Francis | Sloan, Thomas Henry |
| Crossley, William J. | Lever, A. Levy (Essex, Harwich) | Steadman, W. C. |
| Davies, Ellis William (Eifion) | Levy, Sir Maurice | Stewart, Halley (Greenock) |
| Davies, Sir W. Howell (Bristol, S.) | Lewis, John Herbert | Stewart-Smith, D. (Kendal) |
| Dewar, Arthur (Edinburgh, S.) | Lloyd-George, Rt. Hon. David | Straus, B. S. (Mile End) |
| Dickinson, W. H. (St. Pancras, N.) | Lough, Rt. Hon. Thomas | Summerbell, T. |
| Dobson, Thomas W. | Macdonald, J. M. (Falkirk Burghs) | Taylor, Theodore C. (Radcliffe) |
| Duckworth, Sir James | Mackarness, Frederic C. | Tennant, Sir Edward (Salisbury) |
| Duncan, J. Hastings (York, Otley) | Macnamara, Dr. Thomas J. | Tennant, H. J. (Berwickshire) |
| Dunne, Major E. Martin (Walsall) | M'Callum, John M. | Thomas, Abel (Carmarthen, E.) |
| Erskine, David C. | M'Laren, Sir C. B. (Leicester) | Thomasson, Franklin |
| Essex, R. W. | M'Laren, H. D. (Stafford, W.) | Thorne, William (West Ham) |
| Evans, Sir S. T. | Manfield, Harry (Northants) | Toulmin, George |
for this scale is to be found in the Act of 1872, but the steps there are much greater. If the population is less than 10,000 the minimum is £15, but then it jumps from 10,000 to 100,000, with a minimum of £30, and a minimum value of £50 for over 100,000 of population. That is very much steeper, and it should be remembered that the beerhouses duties are two-thirds of the public-house duties.
Question put, "That the words proposed to be left out stand part of the Schedule."
The Committee divided: Ayes, 191; Noes, 67.
| Ure, Rt. Hon. Alexander | Weir, James Galloway | Wilson, Henry J. (York, W.R.) |
| Verney, F. W. | White, J. Dundas (Dumbartonshire) | Wilson, W. T. (Westhoughton) |
| Ward, John (Stoke-upon-Trent) | Whitley, John Henry (Halifax) | Yoxall, Sir James Henry |
| Warner, Thomas Courtenay T. | Wiles, Thomas | |
| Wason, Rt. Hon. E. (Clackmannan) | Wilkie, Alexander | TELLERS FOR THE AYES.—Captain |
| Wason, John Cathcart (Orkney) | Williamson, Sir A. | Norton and Sir E. Strachey. |
| Waterlow, D. S. | Wills, Arthur Walters |
NOES.
| ||
| Anstruther-Gray, Major | Fletcher, J. S. | Pease, Herbert Pike (Darlington) |
| Arkwright, John Stanhope | Forster, Henry William | Randles, Sir John Scurrah |
| Ashley, W. W. | Gooch, Henry Cubitt (Peckham) | Ratcliff, Major R. F. |
| Balcarres, Lord | Goulding, Edward Alfred | Remnant, James Farquharson |
| Baldwin, Stanley | Hamilton, Marquess of | Renwick, George |
| Banbury, Sir Frederick George | Harris, Frederick Leverton | Roberts, S. (Sheffield, Ecclesall) |
| Bowles, G. Stewart | Heaton, John Henniker | Rutherford, John (Lancashire) |
| Bridgeman, W. Clive | Helmsley, Viscount | Rutherford, Watson (Liverpool) |
| Bull, Sir William James | Hermon-Hodge, Sir Robert | Salter, Arthur Clavell |
| Campbell, Rt. Hon. J. H. M. | Hill, Sir Clement | Sassoon, Sir Edward Albert |
| Carlile, E. Mildred | Hills, J. W. | Stanier, Beville |
| Castlereagh, Viscount | Hope, James Fitzalan (Sheffield) | Starkey, John R. |
| Cecil, Lord R. (Marylebone, E.) | Kerry, Earl of | Talbot, Lord E. (Chichester) |
| Chaplin, Rt. Hon. Henry | Kimber, Sir Henry | Valentia, Viscount |
| Clark, George Smith | Long, Col. Charles W. (Evesham) | Warde, Col. C. E. (Kent, Mid) |
| Clyde, J. Avon | Long, Rt. Hon. Walter (Dublin, S.) | Williams, Col. R. (Dorset, W.) |
| Courthope, G. Loyd | Lonsdale, John Brownlee | Wilson, A. Stanley (York, E. R.) |
| Dickson, Rt. Hon. C. Scott | Lowe, Sir Francis William | Winterton, Earl |
| Douglas, Rt. Hon. A. Akers- | Lyttelton, Rt. Hon. Alfred | Wyndham, Rt. Hon. George |
| Faber, George Denison (York) | M'Arthur, Charles | |
| Faber, Capt. W. V. (Hants, W.) | Moore, William | TELLERS FOR THE NOES.—Colonel |
| Fell, Arthur | Morrison-Bell, Captain | Walker and Mr. G. A. Gibbs. |
| Fetherstonhaugh, Godfrey | Nicholson, Wm. G. (Petersfield) | |
moved, at the end of Scale 3 [Minimum Duty payable for Publican's and Beerhouse Licences], to add the following:—
"In Ireland—
| £ | s. | £ | s. | |
| In areas which are not urban areas, and in urban areas with a population of less than 10,000 | 5 | 0 | 3 | 10 |
| In urban areas with a population of 10,000 or above | 7 | 10 | 4 | 0." |
This is the Amendment foreshadowed by the Government yesterday afternoon, and it applies a different minimum to Ireland as compared with the scale already passed for Great Britain. The matter was dealt with pretty fully by the Prime Minister yesterday, and there was considerable debate on it; therefore, it will not be necessary for me to go into very great detail, or even to deal at length with the principle. I desire to put before the House some facts additional to those stated yesterday by the Prime Minister, in order to show that the case of Ireland is peculiar and special, and differs substantially from the case of Great Britain. The normal increase of Licence Duties under this Bill is 50 per cent. of the annual value, and the minimum is only brought in in order to have an addition to that 50 per cent. where the circumstances make it justifiable. Everybody knows that the proportion of low-value public-houses in Ireland is very much higher than in England, Scotland, or Wales, and I need hardly say that it is in the case of the lower value public-houses that the minimum charge applies. It has no effect on the houses as they ascend the scale of annual value. Taking houses under £20 annual value in Ireland, and comparing them with similar houses in England and Scotland, we find this extraordinary fact: that the percentage of houses, the annual value of which is under £20, is in England 12 per cent., in Scotland 8 per cent;., and in Ireland 75 per cent. Again, the proportion of houses the annual value of which is £50 works out: England, 49 per cent.: Scotland, 42 per cent.; and Ireland 95 per cent. The Prime Minister gave figures yesterday to show that in the urban areas of Ireland particularly there was a greater proportion of these smaller houses than in the rest of the United Kingdom. The figures which can be established as showing the extra amount which would be contributed under these duties over and above the 50 per cent. by reason of the application of the minimum, are very significant when you compare the case of Ireland with circumstances as they exist in the rest of the United Kingdom. In towns like Cork, Limerick, Kilkenny and Galway the effect of the minimum, as it existed according to the original scale, would be to increase by 100 per cent. or more the duty payable for licences in those towns.
If that is translated into figures the House will see their significance. I have had given me some figures comparing towns in Ireland, with reference to the amount of the increased duty which would be leviable by reason of the minimum charge over and above the 50 per cent., compared with towns in England. I want the Committee to bear in mind that this does not alter the 50 per cent. at all, and that these are the amounts which would have been contributed by these Irish towns if the same minimum charge was applicable to Ireland over and above the 50 per cent.
Clonmel has a population of only 10,000, and the amount of duty to be paid if a minimum charge is made over and above the 50 per cent. would be as much as London would contribute. Athlone, with a population of 6,000, would contribute in that way twice as much as Leeds. Ennis, with a population of 5,000, would pay more than the city of Edinburgh. Galway, with a population of 13,000, would pay four times as much as Birmingham, Limerick, with a population of 35,000, would pay half as much again as the City of Liverpool. I think the Committee will agree that those are very significant figures indeed, and they illustrate that there is a very special case in Ireland when we compare it with the rest of the United Kingdom. The additional duty by reason of the minimum attaching over and above the 50 per cent. normal, which is contributed in London, is £1,000; in Bristol, £2,000; in Liverpool, £2,000; in Southampton, £1,500. In Scotland, £3,700, Glasgow being much the biggest figure. In Edinburgh the additional duty would be £700. Look at what would be contributed in Ireland, between 50 per cent. and the minimum charge. Belfast would contribute £5,500; Dublin would contribute £8,000; Cork, which is the worst case of all, would contribute £9,800; Limerick, £3,200; Galway, £1,600; and so forth. Of course, the reason for that is that the number of houses, particularly in the urban areas, of small annual value is very much greater in Ireland than either in England or Scotland. Take England and Wales. I will not give the scale, but the number of public-houses fully licensed whose valuation is £20 and under is only 54 out of a total number of 14,254. Take the Metropolis and county boroughs in England and Wales having a population of 100,000 or more. The number of beerhouses with a valuation of £20 and under is only 53 out of a total of 8,979. In Scotland practically the same state of things exists. I will take a few of the biggest cities with a population of over 100,000 and a few between 10,000 and 100,000 by way of illustration. In Aberdeen the number under £20 is 3 out of 219 public-houses; in Dundee, 5 out of 128; in Edinburgh, 1 out of 318; and in Glasgow, not a single one out of 1,342 licensed premises. In Greenock, they number 2 out of 127; in Ayr, 1 out of 75; in Dumfries, 1 out of 48; in Inverness, 3 out of 48; and in Kilmarnock, 6 out of 72. When we take the case of Ireland we have these startling figures. The number from £25 down annual value is in Dublin 101, out of 719; in Cork, 368, out of 516; in Limerick, 229, out of 288; in Waterford, 146, out of 198; and in Galway, 109, out of 134. Those are houses of £25 and under annual value, and it holds good all over Ireland and over Scotland, except in one or two exceptional cases. The general result, again having regard only to the additional duty paid over and above the normal 50 per cent., is that between that and the minimum charge the total is illustrated by these figures. In England and Wales the additional duty above this normal 50 per cent. will be £30,000, or only 2 per cent. of the present duty. In Scotland the amount will be £6,000, or only 4½ per cent. of the present duty. In Ireland the amount of extra, duty will be £39,600 a year, a percentage of 28.2. Those figures are not exceptional figures. They are taken at random from many towns, and they show, I think, that Ireland in this matter of minimum charge, by reason of these special circumstances, has a right to be separately treated from Scotland or England. I have therefore pleasure in moving the scale which appears on the Paper in my name, which will fix the same minimum duty in areas with a population under 10,000 as the minimum scale in England, with a difference, of course, of population. The minimum is £5 in both cases. In urban areas in Ireland with a population of 10,000 and above the minimum duty will be £7 10s. Those are the duties for double licences. There is a corresponding licence with regard to beerhouses, with which I need not trouble the House. The scale has been carefully considered, and we think it meets the case of Ireland.
We had this matter very fully discussed yesterday. I do not propose to go over the found I attempted to travel yesterday afternoon, but at the same time I think it would have been a material matter if the hon. Gentleman the Solicitor-General, in telling us what the Committee already all know, namely, that public-houses in Ireland were happy enough for years to have enjoyed an excessively low valuation as compared with public-houses in Scotland and in England, had gone on to tell the Committee what the origin and explanation of that fact was. Of course, the hon. and learned Gentleman knew perfectly Well that the explanation of the fact is to be found in the law which enables the public-houses in Ireland to be valued on a wholly different principle to what they have been valued in Scotland and England, and the result of the principle as applied to Ireland in the concession in 1880 in order to compensate what was supposed to be an inequality by reason of carrying on a mixed trade, was an average assessment figure far below that for similar premises in this country and Scotland. Of course they have had it ever since. They have had the tremendous advantage of living under a system of valuation on which their Licence Duty is assessed far below England and Scotland, their assessment being so far below England and Scotland as to enable them to escape up to the present with duties comparatively small as compared with those of their brethren in the other countries. I think the hon. and learned Gentleman might have taken the trouble to inform the Committee that that was the origin of this permanent low valuation in Ireland. What has been the result? The result has been that the public-houses in Ireland have increased beyond all reasonable bounds of moderation, and the Government to-day are doing their best to perpetuate it by placing a premium upon the existence of those public-houses. The fact remains that as a result of the very peculiar advantages they possess there are to-day in Ireland over 17,000 public-houses, whereas in Scotland there are only something between 6,000 and 7,000. Those public-houses that exist in Ireland are not the small and miserable houses that their valuation would appear to represent. It is ridiculous to make this contrast of valuation as between England and Scotland for the purpose of making a poor mouth for the Irish publican, because the valuation does not represent at all the equivalent difference in the position and prosperity of the traders who carry on business. I have already pointed out that the Irish publican has had up to the present a very substantial advantage over the publican either in this country or in Scotland, because of the comparative freehold tenure he has in his licence. He has a licence of which he cannot be deprived except for misconduct, and which he can sell or transfer in the open market, and he can go before a magistrate, and, if of good character, insist on getting his licence. Therefore, he has got a real property and a real monopoly. The value of the monopoly in Ireland is largely in excess of any monopoly that exists in this country. The Member for East Mayo said yesterday—I hardly thought the retort was worthy of him, and I think he must have regretted that he uttered it—that what I said on this subject was entirely untrue. I challenged him to state in what respect it was untrue, and he replied by the vague statement that it was generally untrue. I challenge him or anyone to say that in any single particular any statement I have made as to the low valuation or position of the publican in Ireland is incorrect. I speak of what is notorious to anybody who knows anything of the position and tenure of licences in Ireland. It is rather a contemptible way to meet my arguments to retort that the statement is untrue.
I say the statement he has just made is untrue, that the value of monopoly in Ireland is greater than the value of monopoly in Great Britain or Scotland. It must be obvious that the value of the monopoly of one out of 17,000 public-houses in Ireland, with its poor population of 4,000,000, cannot be greater than the value of the monopoly of one of 6,000 public-houses in Scotland, with its greater population.
It is perfectly obvious to anyone who wants to reason this matter that the interruption affords no answer whatever. The observation has been cheered by hon. Members below the Gangway, who are strong supporters of the Licensing Bill of last Session, that the publicans in this country have no property in the licence. What is the value of a monopoly if there is no property in the licence? The whole theory of this legislation as applied to this country is that owing to the fact that the State is continuously reasserting its ownership to the licence, and power to recall and cancel it at any moment there is no monopoly value.
Would the right hon. Gentleman say what meaning he attaches to monopoly?
6.0 P.M.
I am not to be put off my line of argument by these interruptions. If you give a man a privilege in one country which cannot be taken away from him as long as he behaves himself, and which he is entitled to transfer to a purchaser who is entitled to take it up for him and carry on the same business under the same licence, I say that must be a more valuable privilege than a similar concession given to a man under the condition that it can be revoked at any moment. The thing is too obvious for argument. I quite agree that it does not bring the same price in the market, but that is owing to the extravagant and ridiculous number of houses which exist in Ireland. Is that any reason why the individual who has got property under this protection of the law is to be placed in a better position than an individual carrying on the same trade in England or Scotland under a more penalising system of valuation, under heavier duties, and without the same rights and the same property in the licence? That is the point. Up to the present I have heard nothing whatever which in any shape or form justifies this discrimination that it is sought to make between the case of the English or Scotch publican and the Irish trader. In respect of his low valuation, he is obtaining an advantage, and has enjoyed that advantage ever since 1880, which is denied to the man in England or Scotland. You are going over and above that by reason of the existence of that very advantage to give him another advantage, and it was probably just as well that the hon. and learned Member did not to-night, as was done yesterday, largely base this concession upon the suggestion that the Irish publican was entitled to it for carrying on a mixed trade. That was the ground on which it was put mainly by the Prime Minister and the Chancellor of the Exchequer, but the hon. and learned Gentleman very wisely did not refer to it for this reason. The very existence of this system of mixed trading has been condemned root and branch by everyone who has taken any interest in the temperance question, because it is obvious that if you have a system under which every man, woman, and child can go into a shop to buy groceries where drink is also sold the temptation is enormously increased. It was in consequence of the existence of that very system that in 1880 Mr. Gladstone gave to the Irish trade a concession which they have ever since enjoyed, and which has put them in a position of great superiority as compared with their competitors in this country or Scotland. It is a perfectly ludicrous position for any responsible Minister to take up to say that because you have enjoyed these advantages, because, as the result of the benefit which we gave you 29 years ago, which has enabled you to carry on your business under more favourable conditions than a man in England or Scotland, your valuations have been low, we will now take the existence of these low valuations as an additional ground for giving you the concession which we refuse to confer upon your competitor in England or in Scotland. That is illogical and absurd, and will deceive no one, and it will certainly become notorious in the country, if it is not notorious already, that this whole thing is a mere arrangement for giving some show of a pretence of justice and of discrimination, and a system of preferential treatment which is really the outcome of political considerations and of political alliance. And no one who knows what is going on in my own country is in the least deceived by what has occurred in this House in the last couple of days. The trade in Ireland have placed their case in the hands of Gentlemen below the Gangway. They did that because the trade has always assisted them with their money and their votes.
Is the hon. Gentleman aware that nearly £10,000 was subscribed by the distillers of Ireland to the anti-Home Rule campaign?
I am not talking of the distillers of Ireland. I thought the Clause applied to the publicans of Ireland. There is no one in Ireland who is not perfectly well aware of what has gone on in the last fortnight. What happened was that the publicans, naturally, having given their votes and their money to hon. Gentlemen below the Gangway for so many years, put their defence in their hands, and, up to a few days ago, they had an uneasy feeling that they were not getting value for their money. In a good many cases they suggested that they were being betrayed, and they came over and put on the screw, and they were assured that something could be done, and as a result, this concession now appears on the Paper, and on Friday last the "Irish News," the leading Nationalist organ which circulates in Belfast, was posted all over the city with a placard containing, in immense letters: "Tremendous gains for the trade in Ireland brought about by pressure by the Irish Nationalist Party on the Government." Then it proceeded to enumerate what those concessions were, including the one which was foreshadowed here a day or two ago. The other was the mystery of the vanishing small bottle.
A concession as to which was promised publicly by the Chancellor of the Exchequer on 14th June to a deputation of the trade.
I suppose that is why the Chancellor of the Exchequer has repudiated having given any such promise, and I suppose it is in consequence of that promise, so far back as June, that we have had so many different phases in the mystery of the disappearing small bottle. I am not so sure even yet that we know, or that the hon. and learned Gentleman (Mr. John Redmond) knows, the intentions of the Government in regard to the small bottle. They change every week.
I know the meaning of their Amendments on the Paper.
Their Amendments on the Paper are a wholly different thing from their intentions. Because of this very point of the small bottle their Amendments have appeared and disappeared with kaleidoscopic rapidity. I do not think even the Chancellor of the Exchequer himself will tell us that he yet knows the intentions of the Government with regard to the small bottle. I have not the slightest objection to this concession if it applies all round. I consider that, as compared with the English or the Scotch publican, he has been treated more fairly and with less imposition of taxation, and while I do not at all regret that, and make no attack upon it, I say that under a Budget of this kind, speaking for myself, I would be no party to any attempt to discriminate in favour of the Irish publican as against the publican of England or Scotland, unless it can be shown to me, what has never yet been shown, that he is suffering as compared with the man in Scotland or in England. It will certainly not be shown by pointing out that he has been for the last 30 years allowed to enjoy, under a rating system, or a system of valuation, an immunity from the heavy taxation which falls upon the publican in this country and in Scotland. Therefore I am opposed to this Amendment.
The right hon. Gentleman made a very violent speech last night and he has given us another violent contribution to this Debate. I suppose he did not read the "Irish Times" yesterday, in which an attack, almost as furious as his own, was delivered against the Irish party because they have not with sufficient intensity pandered to the interests of the trade in Ireland. The "Irish Times" represents Irish trade interests in its higher branches. Its constituency is to a large extent made up of distillers and supported by distillers, and of course it has to attack the Irish party in order that it may show to them that it takes an interest in their case. The right hon. Gentleman comes here not to represent Irish, but English interests. I do not think there could be a finer commentary on the extraordinary attitude of the right hon. Gentleman and his colleagues of the Unionist party from Ulster than to find that wherever Irish and English interests are at stake they inevitably take up their stand to defend English interests as against Irish. Of course we understand his position perfectly well. He attacks the publicans because the publicans are Nationalists. He, of course, is not dependent on the Protestant publicans in Ireland. He represents the great intellectual Constituency of Trinity College. He is immune from criticism from his constituents, and he therefore can afford to take up the extraordinary position which he has taken up to-day in complaining that a Liberal Government and a British party make an honest and an equitable concession to an irresistible demand made by the general body of their Representatives. He made the extraordinary statement a moment ago that the goodwill of a public-house in Ireland was equal, if not better, than the goodwill of a public-house in England. Is the right hon. Gentleman aware that in the City of Belfast alone dozens of publicans have closed their houses within the last five years? Is it an indication of increased value in public-houses that the publicans turn the key of the door, give up their licences, and allow their property to disappear? I would like to know on what data the hon. and learned Gentleman was speaking. Who supplied him with his brief? His speech was simply and solely for the purpose, of robbing the publicans of Ireland of what the Solicitor-General has proved not to be a great concession, but simply an act of justice. The hon. and learned Gentleman has done this because the publicans are Catholics and Nationalists. He also stated that the Nationalist Members are the representatives of the trade. Who headed the deputation that waited on the Irish party? It was Mr. Andrew Jameson, of the great firm of Jameson and Sons, whisky distillers. Who subscribed £500 or £1,000 to the Unionist party funds? [An HON. MEMBER: "And £300 a year."] Yes; and £300 a year to pay the expenses of the unpaid political agitators who sit on the benches above the Gangway? Is no one to get any direct advantage from British legislation in this House but the lawyers who were sent from the North of Ireland, and the lawyers from Trinity College, who do not object to draw large salaries when their party is in office, and who sit in a position of expectation of again receiving large salaries when their party return to office. These are the Gentlemen who tell us that they are vitally concerned in the welfare and prosperity of their own country.
I pass to another aspect of this case. I noticed with very great interest that at a 12th of July demonstration in Ulster, next to a resolution affirming the principle of the union between this country and Ireland was a strongly-worded denunciation of the present Budget. The proposals contained in this Budget, according to that resolution, were unfair and inequitable, and they pressed heavily on Ireland. In order to bolster up reaction, privilege, and Toryism in Ireland hon. Members from Ulster go to 12th of July meetings and denounce the Budget on the ground that it presses un-justly and vexatiously on Irish interests, and then they come here and assail the Government when they make a concession—not, mark you, an adequate concession which honestly meets the case—not a concession which does full and complete justice to the interests involved—but a concession which has been justified by the Solicitor-General on broad, general lines I hope that at the next Twelfth of July demonstration the hon. and learned Member will tell the people of Portadown what his party when they come into power will do to relieve Ireland of the new imposts that have been put upon her. I raised last night the particular case of Belfast, which is hit very hard by this Budget, and I hope the Government will carefully consider that case. I notice that the Chancellor of the Exchequer is making a concession in the case of Stoke, and I do not see why a similar exception could not be made in the case of Belfast. Nine years ago Belfast was revalued. A new system of valuation was introduced. The monopoly value for the first time was counted in the valuation, and in consequence the local rates and Licence Duties were increased to an enormous extent. The valuation commissioner has declared on oath that when he was laying on the valuation he raised it on public-house property to an extent which he would not now justify. That valuation took place in 1900, when in Belfast public-houses were selling at high prices, largely owing to the fact that English brewers came over to Belfast and bought at prices which raised them to such an abnormal extent that the whole of the trade of the city was disturbed. I know a case where Allsopps' firm bought a public-house for £8,000. They have sold that house since for £800, and subsequently the house has been closed altogether. In another instance either Allsopps or another firm bought a house at £12,000, and it has been offered since at £1,200.On a point of Order. The point which the hon. Gentleman is urging will not be affected by the Amendment.
He wants to show the value of the monopoly.
No, I am not. I was showing that Allsopps or other supporters of the Tory party in this House came over to Ireland and bought houses at ridiculous prices, and that the Commissioner stated that the valuations put on public-house property could not be justified, though these are the valuations on which Licence Duty is assessed. I feel that Belfast is going to be hit to an extent which will render the carrying on of the trade practically impossible there.
I do not understand how this affects the minimum. It does not arise on this Amendment.
The hon. and learned Member for Trinity College (Mr. James Campbell) was allowed to wander very much over the entire question. The hon. Member for Belfast is only endeavouring to reply.
I did not hear the remarks of the hon. and learned Member for Trinity College. I was only dealing with the speech of the hon. Member for West Belfast.
The hon. and learned Member laid it down that the valuations are too low all over Ireland.
I did not say they were too low. I said they were low because they were made on a different system from that in this country, and that the system there is beneficial to the Irish publican.
I am pointing out that the values are not made on another system. In the case of Belfast it was the English system that was introduced, and the Valuation Commissioner declared in his evidence before the House of Lords that it could not be justified. That principle which has been introduced in Belfast is about to be introduced in Dublin. I say the fact that there is no monopoly value, and that houses are being closed up by publicans in Belfast is a proof that they are practically valueless, and yet this is the moment the Government selects for putting a fresh and almost intolerable impost on the publicans. I could give figures to prove that there are publicans who are not clearing £300 a year on their business, and who will now be called to pay an additional £150 a year in the shape of duty.
This question does not really arise on the Amendment.
I will raise it on another Amendment. I trust that I have said sufficient to commend this matter to the consideration of the Government.
I do not intend to deal in detail with the speech of the hon. Member for West Belfast (Mr. Devlin). The hon. Member thinks he disposes at once of all the Ulster Unionist Members of Parliament when he makes, as he invariably does, most offensive commentaries on their private life. I do not intend to go into the personal references of the hon. Member. I think hon. Members below the Gangway may well be jubilant and satisfied with the result of their Parliamentary work. But, perhaps, the hon. and learned Member for North Louth (Mr. T. M. Healy) deserves the greater share of the credit, because for many days it was his voice which was heard in these Debates. The hon. and learned Member for North Louth consistently urged the case of the Irish publicans. I differ entirely from him, but he at least defended them, and fought his colleagues. Although the hon. Member for West Belfast is very eloquent now, I think he will recognise that he and his colleagues come into the field rather late in the day. They are now tumbling over each other in putting forward the case of the Irish publicans, but the concession made by the Government is really due to the lash of the hon. and learned Member for North Louth. I do not think that hon. Members below the Gangway, however they may apportion the credit amongst themselves, have all the same measure of pride in this transaction. But they have made the strongest Government of modern times—a Government returned on temperance principles, either by threats or by blandishments, I care not which—listen to the case of the Irish publicans. I remember how bitterly Radicals attacked us in the North of Ireland because we had so far forgotten ourselves as to support the Licensing Bill of 1904. The charge made against us was that we had endowed the brewers. What would have been said of us by those gentlemen if a case could have been made out that we had by our action secured a special exemption in favour of Irish publicans, and yet that is what the Liberal Government is doing now. I can understand that the policy of the Government is to keep burdens on people at home in order to give benefits to those abroad. From their point of view, perhaps, the Irish people live far enough away to be treated as foreigners. You give the Irish publican an exemption which you will have to justify to the English publican and the Scotch publican. They are still permitted to bear the burden, and all they will have to fall back upon is the additional reason given by the Solicitor-General for granting this concession to Ireland. What is the additional reason? It is that the bulk of the duties are derived from high licences in England, and that the bulk of the duties are derived from low licences in Ireland. Therefore, the Government give this concession to Ireland. That is what it comes to. We had an appalling contrast read out with respect to the low licences in Cork as compared with the licences in London. I do not dispute the figures, but is that any reason why you should alter the limit in Cork? If the figures had been the other way, the Solicitor-General could have got up and said that the Government were going to give the same concession to Ireland. I pity hon. Members when they come to explain to English and Scotch publicans that this was the reason why the Government hauled down the temperance flag in response to an appeal from hon. Members below the Gangway.
Will the learned Solicitor-General tell us what does this concession mean to the revenue? What was the original estimate to be derived from Ireland as included in the scope of the original Schedule, and what difference does this change make? I want to know what the consideration is for the surrender? When hon. Gentlemen go home and boast of their triumphs, let us have the money value of it. The learned Solicitor-General said that this was such a patent case of injustice to Ireland that everybody knew it. May I be allowed to remark that the Government did not seem to know it when they brought in their Finance Bill, nor was there any suggestion of this injustice until it was driven home to the Government by 80 votes below the Gangway. When the discovery is made under such conditions, the patent nature of the injustice seems rather far fetched. I do not recognise that there is any patent nature of the injustice; I do not recognise that there is any injustice at all. When hon. Gentlemen talk of Ireland in this matter, it is hardly fair to ignore the immense body of public opinion in Ireland which is directed against the harm the publicans do, and directed against any undue concession to Irish publicans. This is practically an endowment of the Irish publican. I regret that even at the eleventh hour the Government have seen their way to make this surrender, which is so grossly disloyal to one of their own colleagues, the Gentleman who poses as the chief spokesman of the temperance party in Ireland, the Vice-President of the Department of Agriculture (Mr. T. W. Russell), who over and over again has described the Irish publican as the greatest enemy of the Irish race that walks the earth. How will the learned Solicitor-General's colleague, when he goes about the country saying that the Irish publican is an enemy of mankind, explain that the Government is so ready to give a concession to the Irish publicans at the instance of hon. Members below the Gangway? A dreadful thing might happen. The Vice-President to-morrow morning might resign, but the Government evidently know their man and take their chance. This policy is a direct reversal of everything that has been preached from every platform wherever Liberal candidates appeared on Ulster platforms, a reversal of this great doctrine of Liberal policy beside which we unfortunate Unionists and Conservatives are supposed to stand in a white sheet, not very much better than drunkards. It is a most disgraceful surrender, and I am very glad of the opportunity of registering my protest against it.
It is somewhat remarkable that hon. Members and right hon. Gentlemen on the opposite side of the House who have been busy for months past informing hon. Members on this side of the House that it is a perfect abuse of Parliamentary principles to attempt to achieve moral reform in a Finance Bill, should now be urging inconsistency on the part of hon. Members on this side of the House because, although they are interested in the larger and totally distinct question of licensing reform, they are prepared, on the ground of strict fiscal equity, to support the proposal which the Government now announce. I may say quite frankly, so far as I personally am concerned, that I am not interested in any indictment of my sincerity as a licence reformer which the right hon. Gentleman the Member for Trinity College (Mr. Campbell) may allege against me because of my support of this most entirely justifiable and irresistible Amendment, and in any remarks I may venture to address I would like to be understood as discussing this question solely and entirely on the broad principles of fiscal equity, and without regard to its temperance consequences or effects. In my judgment the principle of a minimum duty presupposes for its justification the existence of certain social and economic conditions and a certain distribution of population. In other words, that where you have a highly developed industrial community and great concentration of urban population you may justifiably advocate a principle of a minimum duty in regard to a subject of taxation such as this. But while that principle of a minimum duty may be relevant in regard to those highly-developed centres of population the principle is not relevant under the wholly different economic conditions and the wholly different distribution of population that obtain in Ireland. England, Wales, and Scotland are highly-developed industrial communities with a very considerable proportion of urban population. Ireland, on the other hand, with the exception of one or two centres, is a rural nation, and not an industrial population.
The density of population in Ireland is actually one-fifth of the density of population in England and Wales, and, moreover, the density in Ireland is a declining density, while in England, Wales, and Scotland it is a growing density. You have in England and Wales an urban population representing 77 per cent. of the entire population of the country. In Scotland you have an urban population representing 70 per cent. of the population, and in Ireland you have an urban population representing only 30 per cent. of the total population of that country. In England and Wales you have no fewer than 75 towns and urban districts with a population of over 50,000 inhabitants; in Ireland you have only three. In England and Wales you have 141 towns and urban districts with a population ranging from 20,000 to 50,000 inhabitants; in Ireland you have only five. In England and Wales there are 219 towns and urban districts with a population of from 10,000 to 20,000; in Ireland there are only 13. The right hon. Gentleman the Member for Trinity College, although admitting a great disparity in the conditions of Ireland as compared with Great Britain in respect of the rateable value of property rather discounted that difference and attributed it "entirely," to use his own phrase, to certain conditions of mixed trading which were taken into account when the separate method of valuation was adopted by Mr. Gladstone in 1880. I confess I did not follow that line of argument. It did not altogether convince me, because I have yet to learn that the different conditions which justified the separate basis or principle of valuation in 1880 and which still prevail should be operative in 1880 and cease to be operative in 1909. But will the right hon. Gentleman really seriously suggest—the average rateable value of public-houses in Ireland being only one-fifth of the average rateable value of public-houses in Scotland, and only one-seventh of the average rateable value in England and Wales—that that enormous disparity is entirely attributable to certain differences in principles of valuation which were adopted by Mr. Gladstone in 1880? The average rateable value of a public-house in England is £108; in Scotland it is £75, and in Ireland it is only £16. Surely the right hon. Gentleman opposite will not suggest to us in any serious spirit that this enormous disparity is accounted for by "certain considerations of mixed trading which were taken into account when the separate method of valuation was adopted by Mr. Gladstone in 1880." Moreover, an Irish publican has a very great grievance in the proportion of his Licence Duty to rateable value. He pays an enormously higher proportion of the rateable value of his premises in the way of Licence Duty now than does his fellow-trader in England, Wales or Scotland. The Licence Duty paid by publicans in England and Wales represents 20 per cent. of the average rateable value of the premises, and the Licence Duty paid in Scotland represents an average of 24 per cent. of the rateable value of the premises, but in Ireland a publican pays on the average a Licence Duty which represents nearly half the rateable value. The right hon. Gentleman seemed to press an argument on the fact that what he called the monopoly value of the Irish licence is greater than the monopoly value of the English licence. I am not sure that the right hon. Gentleman really understood what is involved in monopoly value. He seemed to confound it with security of tenure and he omitted entirely to inform the Committee that since 1904 the English publican has absolute security of tenure, and cannot be dispossessed of his licence without payment of full compensation. Therefore, even on the point of security of tenure there is no radical or essential difference between English and Irish publicans. But is monopoly value represented by security of tenure as a fact? The Committee know perfectly well that monopoly value is determined by two factors; first, the extent of the competition which you allow, and secondly, the per capita consumption of alcohol in the district. So far as the question of competition is concerned, is it seriously to be suggested to the Committee that the number of licences, which is justly described as enormous in Ireland, with 17,000 public-houses for a population of less than 5,000,000, and the enormous force of competition represented by those figures, really add to the monopoly value of licences in Ireland? It is a contradiction in terms. Moreover, the monopoly value of the average licence in Ireland is still further depreciated by the fact that the consumption of alcohol per head in Ireland is considerably lower than the per capita expenditure on alcohol in England and Wales. Therefore, even on the lines of the right hon. Gentleman's own reasoning, he has no case, and if there is to be a consideration of monopoly value the balance of argument lies in favour of the Irish publican as against the Scottish and English trader. I would like to give the Committee one or two supplementary figures which will help the Committee to see how enormously strong is the case for this Amendment. As a consequence of the difference in the rateable value in Ireland as compared with what it is in Great Britain, it follows that the effect of the minimum duty will be to hit the Irish publican to an extent out of all proper proportion as compared with the English or Scotch trader. Take the minimum duty as it stands under the Bill in the very smallest towns. I leave out those towns and places under 2,000 population and all the rural districts because there the effect of the minimum duty does not mean a very great increase, but taking the towns from 2,000 to 3,000 inhabitants, the minimum duty actually affects 74 per cent. of the public-houses in those towns. In towns of from 5,000 to 10,000 inhabitants it actually affects 84 per cent. of the whole of the public-houses in such towns. In towns of over 10,000 up to 50,000 inhabitants it affects 90 per cent. of the public-houses; and, if you go higher up in the scale to larger towns, then the minimum duty actually affects no less than 99 per cent. of the whole of the public-houses in those large towns. May I remind the Committee that in taking the small towns of from 5,000 to 10,000 inhabitants, the minimum duty affects 84 per cent. of the public-houses in such towns as against 28 per cent. in Scotland and 32 per cent in England and Wales. In the next population group, ranging from 10,000 to 50,000 inhabitants, the minimum duty will affect 90 per cent. of all licences in such towns, whilst 16 per cent. of all licences in such towns will have their Licence Duty raised from £4 10s. to £20, but not a single licence in the corresponding English or Scottish towns will be affected in the same way. I will not weary the Committee with further figures. The case can be proved up to the hilt by facts of that kind. I wish to say for myself as a licence reformer, as someone described me last night, that there is no vote which I could give with a more convinced judgment and greater sincerity than my vote in support of the Amendment which the Government have advanced to-night.The hon. Member for Huddersfield deserves the thanks of Members on this side of the House for his very valuable statement of the case. I think that the Government ought to feel themselves greatly indebted to the right hon. Gentleman the Member for Trinity College and the Member for North Antrim for the speeches they have delivered, because it will convince the Irish people why it is almost impossible to secure justice for any case put forward in behalf of Ireland in this House. The moment the Liberal party attempt to give the smallest concession, even the millionth part of what is due, down fall upon it every Orange Member from Ireland, charging the Government practically with treason to the Crown. I would ask hon. Members above the Gangway to remember the attitude we assumed at the time the Chancellor of the Exchequer was making concessions to English interests—when he was giving an enormous concession in, respect of the Land Tax, in respect of Income Tax, in respect of ungotten minerals, a whole number of concessions that he gave again and again in response to appeals from Members of the Tory party. Did any Member on these benches raise any protest against those concessions? No. But the moment justice, and not adequate justice, is granted to the Irish case, up gets the right hon. Gentleman the Member for Trinity College and his Friends to assail the Government for making these concessions. The hon. Member for Belfast said that the right hon. Gentleman the Member for Trinity College and his Irish colleagues were attending to English interests in this House. Where were they all through the Committee stage on this Bill, when English interests were under consideration? Did they give the Government the smallest help? Was the legal lore of the Member for Trinity College or the Member for North Antrim at the service of his party? No, nothing of the kind. It is only when these concessions are attempted to be made that the right hon. Gentleman the Member for Trinity College rises in his place to object. Under this Bill, if passed in its present form, of 17,000 public-houses at least 8,000 would have been closed without compensation, and that is why the Members above the Gangway are talking about the great moral effects which have been lost because this scale has not been insisted upon. They know right well that this Budget was a sentence of death, and not an awarding of revenue to the Crown, had it been passed in its present form. The Government would, therefore, have done for Ireland what a Tory Government did in 1877. Let Members of the Tory party remember this, that in 1877 they closed 2,000 beerhouses—I am not certain about the exact number, but there was an enormous number closed—because the valuation was below £10. The Tory Government shut up those houses in 1877, and they did so without giving one shilling of compensation. The Government have recognised the justice of this case, and I say that no licensed business, sanctioned by law, should be abolished without just compensation, being paid for it. When monopoly value and other stuff of the kind is talked about in regard to Irish licences, will the House believe that tenancies are from year to year, outside Dublin and Belfast, and can be terminated by the landlord with a notice to quit, and you can imagine when the tenant is not protected by tenant right, or the Land Act in regard to his tenure, the amount of consideration they would have got. What consideration did they get last year in Kingstown, when Lord De Vesci and Lord Longford, on certain long leases falling in, doubled and trebled the rents? And this Budget, on these rack rents, would have heaped up taxes. It is not that we are getting justice in Ireland in this case—although I am quite willing to acknowledge the way in which we have been met—but we are getting something like an approximation to it, yet the Government are told that these valuations were unjust by those who were themselves in office for 20 years and never tried to obtain justice or to redress the alleged grievance. I rose for the purpose of raising a specific point in the case of Dublin, which I trust the Government will see their way to remedy. The City of Dublin is under a special grievance which no other city in the United Kingdom is under. It is that a publican, over and above his Licence Duty, has to pay 10s. extra under the Act of 1833, of William IV., chapter 68, section 12:—
"And be it further enacted, That every person who shall help obtain or renew under this Act a licence to sell spirits "— This does not apply to an application, it refers to a renewal of the licence— "in any house or premises situate within the police district of Dublin metropolis shall, within ten days next after he shall have so obtained or renewed such licence, deliver or cause to be delivered to the divisional justices of the Castle Division of the said police district,"— The police district of the Dublin metropolis extends from Phoenix Park on the north down to Bray on the south, and it is a far larger district than the City of Dublin, because it takes in towns like Kingstown and a whole number of urban places of that kind outside the City of Dublin, although 20 miles from the General Post Office in Dublin— "or to some clerk at the head office of police of the said district, a note in writing, under the hand of such person, or some person by him authorised in that behalf, in which shall be specified, set forth, and contained the Christian and surname and place of abode of such persons, and the situation and description of the house and residence of the existing sureties for such person under this Act, and such licensed person shall pay or cause to be paid to the receiver of the public offices in the said police district of Dublin metropolis the sum of 10s.; and all sums so paid to the receiver shall go in aid of the funds of the police district of Dublin metropolis; and if any person who shall have obtained or renewed a licence under this Act to sell beer and spirits within the said police district shall not, within the time and in the manner hereinbefore directed, deliver or cause to be delivered such note in writing as aforesaid, or shall neglect to pay or cause to be paid the said sum of 10s., every such person shall forfeit and lose the sum of £2." 7.0 P.M. Now that provision for the upkeep of the police of Dublin is one from which the Government receive a very large sum. I think it would be only fair to provide that the Dublin publican should not be under any greater disability in respect of this 10s. than any other publican in England, Scotland, or Ireland. There is a precedent for this in what the late Government did in regard to pawn offices. The Pawn Office Duty for England is only £7 10s., but for the Dublin pawnbroker it is £100 Irish. In 1898 the Government allowed that sum to be paid over to the Dublin Corporation. It would not be fair to do that in this case. The amount should be remitted, for this reason, that the duties are being doubled, and I think it will be most unfair to add anything, and that this should be restored to the publican. One of the reasons I welcome the action of the Government is this—not merely in regard to sparing the men who would have been destroyed, but that by it as well you are at least retaining as a marketable asset the interest of the publican in Ireland. In my judgment, if this Bill passed in its present form, the uncertainty would be so great in the matter of calculation—I do not say that that would be so in a year or two—but during the next 12 months I believe that practically it would have destroyed the market for every public-house in Ireland. I will give one instance, which I have already mentioned at an earlier stage in the Debate. A licensed house in Dublin, on which duty had been paid on £9,000 in the spring before the Budget was introduced, was put up for auction lately in Dublin, and there was not a single bidder to bid for it. The certainty we get by this Amendment as regards three-fourths, if not more, of the publicans, induces me to say that I, for my part, hold that the Government have attempted to apply that same spirit of justice to this case as if they were dealing with English and Scotch cases. The notion that there is any bargain with us and the Government is absolute nonsense. I have fought the Government right through all this business, and I have come honestly to the conclusion that they have attempted fairly and honestly to meet this case. Certainly we were under a cloud as to the startling figures which the Solicitor-General read out, but I wonder had we given them would we have been told by the Government that they were grossly inaccurate.As I intend to vote against the Government I desire to explain my reasons. I should like at the outset to dissociate myself from the charges which have been made by Members above the Gangway opposite, and, almost worse than charges, the innuendoes hurled against the Members below the Gangway opposite. It is not in the least from any motives of that kind I find myself opposed to my Nationalist Friends in this matter. This has been called a concession to Ireland. If I thought it a concession to Ireland I should not have voted against it, but it is a concession to the liquor trade in Ireland, and that is a very different matter. I confess that I felt something like despair at my heart when I heard hon. Members opposite saying that distilleries were the only industry left to Ireland. I have not a very large knowledge of Ireland, but I claim that there are some industries—
Nobody said the distilleries were the only industry.
It was distinctly stated.
What was said was "one of the few."
That was not the sentence used. However, I will only say that the attempt which has been made to identify Ireland with the interests of the liquor trade in Ireland is not welcomed by all true friends of Ireland, and I think my hon. Friends will believe me when I say that I go into the Lobby against this concession because I believe that the Government's concession to Ireland is injurious to that country, and not a benefit. The hon. and learned Solicitor-General and the hon. Member for Huddersfield (Mr. Sherwell) have, I think, made out the very best case for the Government concession that could be made. I am bound to say that case leaves me wholly unmoved. The figures no doubt point to the fact that the tax will press more severely on the liquor trade in Ireland than in this country. But, at the same time, I think that is because the conditions under which the liquor trade in Ireland are carried on are worse than in this country, and as this tax would have helped to raise the standard on which the trade is carried on, I think it is a great misfortune that those who wish to raise the condition of Ireland generally should have been refused the leverage contained in it. A great point has been made about mixed trade, which is an unmixed evil. Everyone who has interested himself in the temperance question, everyone who has studied the licensing question in this country or in any other, every Commission that has gone into the question has practically recommended that there should be a separation between the sale of liquor and all other articles. Therefore, when I am told that this concession is made as the Prime Minister told us largely because there is mixed trade, I can only say that is a reason why this concession should not have been made, and why it should have been left to act as leverage to lead to that separation of trade, which I suppose every one desires. I heard my hon. Friend the member for Huddersfield to my utter amazement declare that he was prepared to give his vote quite apart from any moral consideration, or from any moral effects which might follow from this taxation.
He did not say so.
I understood him to say so.
May I point out in correction of what my hon. Friend said I declined to consider a strictly fiscal proposition on moral or ethical grounds.
I wonder what would become of the taxation of the liquor trade if you left out moral considerations. What would become of the licensing system if you are going to rule out moral considerations? I have heard the argument used that we ought not to introduce moral considerations into the Budget. I have never accepted that argument. The only grounds on which we can justify the taxation of liquor and the licensing system, and wish that it should be made heavier, the only grounds on which you can justify that is that you do not think it a wrong thing, but that you think it a wise thing to discourage trade in liquor and to diminish the consumption if it can be done. An hon. Member tells me they are luxuries, but they are the luxuries which one Chancellor of the Exchequer after another has sought to tax up to the limit of taxation. I would say that it is no argument against these proposals that they are going to have certain moral effects on Ireland if carried out. I do not want to pursue the matter further. I am sorry the Government have found it necessary to alter their Bill as it was brought in. I think it would have been fairer to leave the standard the same for the three countries. I think no case has been made out for lowering the standard, and therefore I shall go into the Lobby against the Government.
We make no complaint of the speech which has just been delivered. Although we cannot agree with the conclusions of the hon. Member, we certainly recognise fully that he goes into the Lobby reluctantly under the coercion of a very strong conviction. I must tell the hon. Member when he says that this concession, if it is to be called a concession, is not a concession to Ireland but to the liquor trade of Ireland that he is very wrong. Some modification in the scale is absolutely necessary if you want to even approach equality of burden between the two countries, and you could not attempt to apply the same measure of taxation to Ireland as to England. The hon. Member really, I think, acting under the operation of a very strong principle on this matter, said that the spear entered his heart when he heard the Irish Members identifying themselves with a liquor interest, and saying that the distilleries were the only industry. We did not do either one thing or the other; we said, and we said truly, that distilling was one of the remaining industries of Ireland. We pointed out the fact that the industries of Ireland had again and again been destroyed by this House, and that therefore any attempt to abolish any of the remaining industries by special taxation aroused great resentment. The hon. Member spoke about our identifying ourselves with the liquor interests and defending the liquor interests—
I think the hon. Member is mistaken. I do not think I said identified themselves. What I spoke of was a statement made by one hon. Member identifying the cause of Ireland with the cause of the liquor interests in Ireland.
That is really a difference with a distinction, which is rather worse. That is a thing we have never done. I want to say this to the hon. Member: We really do in Ireland resent, and I think we are entitled to resent, any lectures coming from any Englishman on this question. If we had our own way we would be miles ahead of England in all temperance legislation. We would, and will be if we get the chance, and whenever temperance Bills come up in this House a large section of the Irish party always support them. You have never carried any temperance legislation without the help of the Irish party, and never could carry it without that help, because England has always been against temperance legislation. Really these things make us a little inclined to resent lectures. What we claim in this matter of temperance is that we should be allowed to carry out our own temperance legislation in our own way and in a way that will carry with us the moral conviction and the approval of our people, because I have always held that no temperance legislation in any country can be effective if you carry it out in such a way as to arouse the general public opinion of the country against it. You must in temperance legislation carry the public opinion of the country with you. I say, give us a chance in Ireland and I am quite convinced that we will show you an example in this matter. The hon. Member for North Armagh (Mr. Moore) made an even more insulting and more outrageous charge. He spoke of us as the representatives of the liquor interest, and he said that we have subscriptions from the publicans.
No.
That was the principal part of the hon. Member's speech. I do not in the least deny that a great number of publicans in Ireland are Nationalists and support our party; but for every £1 of subscription that we have from the brewers and distillers, the party above the Gangway have at least £20 in their party funds. It is, therefore, rather a curious charge to make against us that we are the representatives of the liquor interest. We are much less the representatives of that interest than hon. Members above the Gangway. Our desire has been to defend a section of the population engaged in a legitimate trade from a gross injustice, and I thank the Government for the step they have taken. As for the right hon. and learned Member for Trinity College (Mr. J. Campbell) and his philippic, I said last night that he did not represent the Unionist party in Ireland in what he said, and this morning the "Irish Times," the journal of that party, absolutely repudiates the right hon. Gentleman and the whole of his colleagues. In its first leader it says:—
The right hon. Gentleman himself will not deny the right of the "Irish Times" to speak for the body of Unionists in Ireland. Within 12 hours Members above the Gangway are repudiated by their own party in Ireland; therefore I claim that in this matter we are expressing the views not only of Nationalist Ireland, but of the overwhelming majority of the Unionist party in Ireland."It sounded somewhat strange to hear so prominent an Irishman admitting that his country is the spoilt child of licensing legislation….. It is difficult to put a good construction on the action of Irish Unionists in this matter, and certainly they did not show to advantage in the discussion, some of them using language in regard to the concession which the facts do not warrant."
It seems to me that the alteration now proposed by the Government somewhat conflicts with an answer given by the Secretary to the Treasury on 17th June, when the Chancellor of the Exchequer was then asked:—
The right hon. Gentleman replied:—"If, in view of his announcement of substantial concessions in respect of the Scottish and Irish Licence Duties and analogous provisions in the Finance Bill, he will undertake not to differentiate his proposed taxation to the detriment of English taxpayers?"
Having regard to the minimum now proposed, the vast majority of the publicans in Ireland will practically escape from any increase of taxation whatever. The hon. Member for North Louth (Mr. T. M. Healy) said that the result of the increased duties in Ireland, if the original proposals of the Government had been persevered in, would have been to close 8,000 houses. Speaking as one interested in the cause of temperance more than in any other cause in Ireland, I can only say that that result would"My right hon. Friend has no intention of differentiating between the English taxpayer and the taxpayer in Scotland and Ireland."
Division No. 776.]
| AYES.
| [7.25 p.m.
|
| Abraham, W. (Cork, N. E.) | Allen, A. Acland (Christchurch) | Atherley-Jones, L. |
| Acland, Francis Dyke | Allen, Charles P. (Stroud) | Baker, Sir John (Portsmouth) |
| Adkins, W. Ryland D. | Ambrose, Robert | Balfour, Robert (Lanark) |
| Ainsworth, John Stirling | Ashton, Thomas Gair | Baring, Godfrey (Isle of Wight) |
| Alden, Percy | Astbury, John Meir | Barker, Sir John |
have given me unmixed pleasure, and when one considers the kind of public-houses that would have been closed, I think it would have been one of the most beneficial measures ever passed for Ireland. In that country there are 7,190 public-houses, which may fairly be described as hovel public-houses, paying a duty of £4 10s. on the minimum valuation. It is safe to assume that if 8,000 houses were wiped out as a result of the additional taxation, they would have been mainly in that class of house. The hon. Member for Louth made a great point that they would have been abolished without compensation. Even in regard to licensed property I am one of those who disapprove of abolition without compensation. But you must have something of some value to be compensated for. If these 8,000 public-houses would have been wiped out by an increase of duty, which in their case could hardly have amounted to more than £2, I do not think they would have provided very great subject-matter for compensation, and their being wiped out would have been one of the greatest possible benefits to the country. Therefore I extremely regret that the Government have not seen their way to maintain their original proposal. The only justification put forward is that the Irish publican for the last 29 years has been paying duty upon a valuation wholly different from the valuations in England and Scotland, and one very much in his favour. The value of the licence has never been taken into account, and even the 20 per cent. provided for in the Act of 1880 has never in practice been added to the valuation, the duty having been assessed on nothing but the Poor Law valuation. We have in Ireland 17,393 public-houses, and everyone who has any interest in the prosperity of the country knows that that is many thousands too many. Therefore, I should have welcomed any fiscal measure which, treating Irish publicans on the same basis as English, would have got rid of a number of those houses for the benefit of the country.
Question put, "That those words be there inserted."
The Committee divided: Ayes, 246;: Noes, 74.
| Barlow, Sir John E. (Somerset) | Harmsworth, R. L. (Caithness-shire) | O'Shaughnessy, P. J. |
| Barnes, G. N. | Harrington, Timothy | Parker, James (Halifax) |
| Barran, Rowland Hirst | Hazel, Dr. A. E. W. | Partington, Oswald |
| Beale, W. P. | Hazleton, Richard | Pearce, Robert (Staffs, Leek) |
| Benn, Sir J. Williams (Devonport) | Healy, Timothy Michael | Pearce, William (Limehouse) |
| Benn, W. (Tower Hamlets, St. Geo.) | Hedges, A. Paget | Pearson, Sir W. D. (Colchester) |
| Berridge, T. H. D. | Helme, Norval Watson | Philipps, Col. Ivor (Southampton) |
| Bethell, Sir J. H. (Essex, Romford) | Henderson, J. McD. (Aberdeen, W.) | Philips, John (Longford, S.) |
| Birrell, Rt. Hon. Augustine | Henry, Charles S. | Pickersgill, Edward Hare |
| Boland, John | Higham, John Sharp | Pollard, Dr. G. H. |
| Boulton, A. C. F. | Hobart, Sir Robert | Ponsonby, Arthur A. W. H. |
| Bowerman, C. W. | Hobhouse, Rt. Hon. Charles E. H. | Power, Patrick Joseph |
| Brigg, John | Hodge, John | Priestley, Sir W. E. B. (Bradford, E.) |
| Brunner, J. F. L. (Lancs., Leigh) | Hogan, Michael | Rainy, A. Rolland |
| Brunner, Rt. Hon. Sir J. T. (Cheshire) | Holland, Sir William Henry | Rea, Rt. Hon. Russell (Gloucester) |
| Burke, E. Haviland- | Hope, John Deans (Fife, West) | Reddy, M. |
| Burns, Rt. Hon. John | Horniman, Emslie John | Redmond, John E. (Waterford) |
| Byles, William Pollard | Hyde, Clarendon G. | Redmond, William (Clare) |
| Carr-Gomm, H. W. | Idris, T. H. W. | Rees, J. D. |
| Cawley, Sir Frederick | Illingworth, Percy H. | Remnant, James Farquharson |
| Cheetham, John Frederick | Isaacs, Rufus Daniel | Rendall, Athelstan |
| Churchill, Rt. Hon. Winston S. | Jardine, Sir J. | Richards, T. F. (Wolverhampton, W.) |
| Clough, William | Jenkins, J. | Robertson, Sir G. Scott (Bradford) |
| Clynes, J. R. | Jones, William (Carnarvonshire) | Robson, Sir William Snowdon |
| Cobbold, Felix Thornley | Joyce, Michael | Roch, Walter F. (Pembroke) |
| Collins, Stephen (Lambeth) | Kavanagh, Walter M. | Roe, Sir Thomas |
| Collins, Sir Wm. J. (St. Pancras, W.) | Keating, M. | Rogers, F. E. Newman |
| Compton-Rickett, Sir J. | Kekewich, Sir George | Rose, Sir Charles Day |
| Condon, Thomas Joseph | Kelley, George D. | Rowlands, J. |
| Corbett, C. H. (Sussex, E. Grinstead) | Kettle, Thomas Michael | Runciman, Rt. Hon. Walter |
| Cornwall, Sir Edwin A. | Kilbride, Denis | Rutherford, V. H. (Brentford) |
| Cory, Sir Clifford John | King, Alfred John (Knutsford) | Samuel, Rt. Hon. H. L. (Cleveland) |
| Cotton, Sir H. J. S. | Laidlaw, Robert | Scanlan, Thomas |
| Crean, Eugene | Lamb, Edmund G. (Leominster) | Schwann, Sir C. E. (Manchester) |
| Crossley, William J. | Lamb, Ernest H. (Rochester) | Scott, A. H. (Ashton-under-Lyne) |
| Cullinan, J. | Layland-Barratt, Sir Francis | Seaverns, J. H. |
| Davies, David (Montgomery Co.) | Lever, A. Levy (Essex, Harwich) | Seddon, J. |
| Davies, Ellis William (Eifion) | Levy, Sir Maurice | Seely, Colonel |
| Davies, Sir W. Howell (Bristol, S.) | Lewis, John Herbert | Shackleton, David James |
| Devlin, Joseph | Lough, Rt. Hon. Thomas | Sheehan, Daniel Daniel |
| Dewar, Arthur (Edinburgh, S.) | Lundon, T. | Sheehy, David |
| Dickinson, W. H. (St. Pancras, N.) | Lynch, A. (Clare, W.) | Sherwell, Arthur James |
| Dillon, John | Macdonald, J. M. (Falkirk Burghs) | Shipman, Dr. John G. |
| Duckworth, Sir James | Mackarness, Frederic C. | Silcock, Thomas Ball |
| Duncan, J. Hastings (York, Otley) | Macnamara, Dr. Thomas J. | Smyth, Thomas F. (Leitrim, S.) |
| Dunn, A. Edward (Camborne) | MacNeill, John Gordon Swift | Steadman, W. C. |
| Dunne, Major E. Martin (Walsall | MacVeigh, Charles (Donegal, E.) | Stewart, Halley (Greenock) |
| Edwards, A. Clement (Denbigh) | M'Kean, John | Stewart-Smith, D. (Kendal) |
| Elibank, Master of | McKenna, Rt. Hon. Reginald | Straus, B. S. (Mile End) |
| Erskine, David C. | M'Laren, Sir C. B. (Leicester) | Summerbell, T. |
| Esmonde, Sir Thomas | M'Laren, H. D. (Stafford, W.) | Taylor, Theodore C. (Radcliffe) |
| Esslemont, George Birnie | Manfield, Harry (Northants) | Tennant, Sir Edward (Salisbury) |
| Evans, Sir S. T. | Massie, J. | Tennant, H. J. (Berwickshire) |
| Everett, R. Lacey | Middlebrook, William | Thomas, Abel (Carmarthen, E.) |
| Ffrench, Peter | Mond, A. | Thomas, Sir A. (Glamorgan, E.) |
| Fiennes, Hon. Eustace | Mooney, J. J. | Thomasson, Franklin |
| Findlay, Alexander | Morgan, G. Hay (Cornwall) | Thorne, William (West Ham) |
| Flavin, Michael Joseph | Morgan, J. Lloyd (Carmarthen) | Toulmin, George |
| Flynn, James Christopher | Morse, L. L. | Ure, Rt. Hon. Alexander |
| Foster, Rt. Hon. Sir Walter | Muldoon, John | Verney, F. W. |
| Fullerton, Hugh | Murnaghan, George | Walters, John Tudor |
| Gardner, Ernest | Murphy, John (Kerry, East) | Ward, John (Stoke-upon-Trent) |
| Gibb, James (Harrow) | Myer, Horatio | Ward, W. Dudley (Southampton) |
| Gill, A. H. | Nannetti, Joseph P. | Warner, Thomas Courtenay T. |
| Ginnell, L. | Napier, T. B. | Wason, Rt. Hon. E. (Clackmannan) |
| Gladstone, Rt. Hon. Herbert John | Newnes, F. (Notts, Bassetlaw) | Wason, John Cathcart (Orkney) |
| Goddard, Sir Daniel Ford | Nicholls, George | Waterlow, D. S. |
| Gooch, George Peabody (Bath) | Nicholson, Charles N. (Doncaster) | Watt, Henry A. |
| Goulding, Edward Alfred | Nolan, Joseph | Weir, James Galloway |
| Greenwood, G. (Peterborough) | Nugent, Sir Walter Richard | White, J. Dundas (Dumbartonshire) |
| Grey, Rt. Hon. Sir Edward | Nuttall, Harry | Wilkie, Alexander |
| Gulland, John W. | O'Brien, K. (Tipperary, Mid) | Williamson, Sir A. |
| Gwynn, Stephen Lucius | O'Brien, Patrick (Kilkenny) | Wilson, P. W. (St. Pancras, S.) |
| Haldane, Rt. Hon. Richard B. | O'Connor, John (Kildare, N.) | Wilton, W. T. (Westhoughton) |
| Harcourt, Rt. Hon. L. (Rossendale) | O'Connor, T. P. (Liverpool) | Young, Samuel |
| Hardie, J. Keir (Merthyr Tydvil) | O'Kelly, Conor (Mayo, N.) | |
| Hardy, George A. (Suffolk) | O'Kelly, James (Roscommon, N.) | TELLERS FOR THE AYES.—Captain |
| Harmsworth, Cecil B. (Worcester) | O'Malley, William | Norton and Mr. Whitley. |
NOES.
| ||
| Anson, Sir William Reynell | Balcarres, Lord | Banner, John S. Harmood- |
| Arkwright, John Stanhope | Baldwin, Stanley | Black, Arthur W. |
| Ashley, W. W. | Banbury, Sir Frederick George | Bowles, G. Stewart |
| Bridgeman, W. Clive | Harcourt, Robert V. (Montrose) | Ratcliff, Major R. F. |
| Brotherton, Edward Allen | Harrison-Broadley, H. B. | Renton, Leslie |
| Bull, Sir William James | Hay, Hon. Claude George | Renwick, George |
| Campbell, Rt. Hon. J. H. M. | Heaton, John Henniker | Roberts, Charles H. (Lincoln) |
| Carlile, E. Hildred | Henderson, Arthur (Durham) | Roberts, S. (Sheffield, Ecclesall) |
| Cecil, Lord R. (Marylebone, E.) | Hill, Sir Clement | Robinson, S. |
| Channing, Sir Francis Allston | Hills, J. W. | Rutherford, John (Lancashire) |
| Chaplin, Rt. Hon. Henry | Howard, Hon. Geoffrey | Rutherford, Watson (Liverpool) |
| Clark, George Smith | Jones, Leif (Appleby) | Sloan, Thomas Henry |
| Clyde, J. Avon | Kerry, Earl of | Smith, Abel H. (Hertford, E.) |
| Coates, Major E. F. (Lewisham) | Keswick, William | Stanier, Seville |
| Dickson, Rt. Hon. C. Scott | King, Sir Henry Seymour (Hull) | Starkey, John R. |
| Douglas, Rt. Hon. A. Akers- | Lamont, Norman | Talbot, Lord E. (Chichester) |
| Essex, R. W. | Long, Col. Charles W. (Evesham) | Valentia, Viscount |
| Fell, Arthur | Long, Rt. Hon. Walter (Dublin, S.) | Walker, Col. W. H. (Lancashire) |
| Fetherstonhaugh, Godfrey | Lowe, Sir Francis William | Warde, Col. C. E. (Kent, Mid.) |
| Fletcher, J. S. | MacCaw, William J. MacGeagh | Winterton, Earl |
| Forster, Henry William | M'Callum, John M. | Wortley, Rt. Hon. C. B. Stuart- |
| Gibbs, G. A. (Bristol, West) | Magnus, Sir Philip | Wyndham, Rt. Hon. George |
| Glendinning, R. G. | Morrison-Bell, Captain | |
| Gooch, Henry Cubitt (Peckham) | Nicholson, Wm. G. (Petersfield) | TELLERS FOR THE NOES.—Mr. Moore and Mr. Lonsdale. |
| Haddock, George B. | Pease, Herbert Pike (Darlington) | |
| Hamilton, Marquess of | Randles, Sir John Scurrah |
moved, in Scale 3 (Minimum Duty Payable for Publicans' and Beerhouse Licences), to add at the end the words: "The boroughs of Burslem, Hanley, Longton, and Stoke-upon-Trent, and the urban districts of Fenton and Tunstall, which, in pursuance of the Borough of Stoke-on-Trent Order, 1908, as confirmed by the Local Government Board's Provisional Order Confirmation (No. 3) Act, 1908, are, as from the thirty-first day of March, nineteen hundred and ten, to form (subject to certain provisions as to differential rating and other matters to have effect for a period of twenty years) one borough to be called the borough of Stoke-upon-Trent, shall, notwithstanding anything contained in that Order, continue for the period of twenty years from the said date to be separate urban areas for the purposes of this scale."
The Amendment refers to the special case of the Pottery towns. The six towns are about to be federated under an Act which was recently passed by Parliament. This Act comes into operation next year. The effect of it will be that these six towns become one town of over 100,000 inhabitants, and therefore will fall under the maximum rate of Licence Duty in the part of the scale we are now considering. The Act leaves the towns separate for purposes of finance for a period of 20 years. Their rates are to be separate rates, their loan charges separate, and in other particulars the Act allows a certain differentiation, That is because these towns, although continuous, although they verge into one another, really are, owing to their local circumstances, still, to a certain degree, separate towns. They have their separate centres of population, and they have, to a considerable degree, their separate local life. Consequently it was alleged to be a hardship, and the Government admitted that it was a hardship, for them to be treated, for the purposes of the Bill, as they are not treated for the purposes of their local finance—as a single town, and not as six separate towns. This Bill, if unamended with a view to this special case, means an increase of £4,000 per year Licence Duties compared with what it would have been if federation had not taken place. On reviewing the whole of the circumstances, the Government thought that this concession was legitimately asked for, and, for that reason, I beg to move the Amendment.
When did the Government discover this state of affairs which has been described by the right hon. Gentleman? Were they not aware of the fact when the Budget Bill was first drawn? Will the right hon. Gentleman tell me that?
This is a very special case which was not taken into consideration before the Budget was drawn. It was brought to our notice by the hon. Members for Stoke (Mr. John Ward) and Hanley (Mr. E. Edwards), and by a deputation which came to me, accompanied by the public officers of the towns concerned, and made out a very strong case, with admirably prepared statistics. The result is this Amendment.
May I ask the right hon. Gentleman whether he does not consider, if these cases are to be considered, that a special case has been made out for London?
reply was inaudible to the Press Gallery.
I have come to the conclusion, even antagonistic as I am to the Government, that this Amendment is an honest and fair Amendment, having regard to the local Acts. The local finance is separate, and I do not think that the Government could have resisted putting forward their Amendment.
I want to say just one word regarding the subject. The statement made by the Chancellor of the Duchy in suggesting this alteration is absolutely correct. As a matter of fact, there are two or three of these districts, like Fenton, which are only urban districts. They were opposed to this federation entirely. It is not an amalgamation. It is not like a borough extending its boundary by swallowing up some suburb. It is a scheme of federation by which, for certain purposes, these distinct entities, so far as municipal life is concerned, are to be fetched together, but they have their distinct and separate rating areas, separate loan charges, and are separate in everything except that for the future they will be managed by one council instead of half a dozen. For that reason, I think, the case is overwhelming for the exception, which I think ought to be made.
Question, "That those words be there inserted," put, and agreed to.
moved, after the words last inserted, to add the words, "In the case of the borough of Wenlock the sanitary divisions shall be the area upon which the population shall be calculated and the licence based, instead of the borough as a whole."
When I first put this Amendment on the Paper I had the impression that there were several places like Wenlock. Hence the change in the wording. I think it is a special case which deserves special treatment. The borough of Wenlock is situated partly in the Constituency which I have the honour to represent and partly in the Ludlow Division. It is divided by the River Severn. It comprises four sanitary divisions. The area of the borough is 22,522 acres. Its extreme length is from 10 to 12 miles, and its extreme breadth from four to five miles. In spite of that large area the population is only 15,894 persons. I think it is a case which really should commend itself to the Government. What I ask is that the four sanitary divisions should be treated as the area upon which the Licence Duties should be based. It is a borough which has a small, scattered population, and is quite the opposite to the idea of what a borough should be. I do not know that anyone can cast any reflection upon me in view of the action I am taking, for so far as my part of the division is concerned I do not think that one publican will vote for me at the next election or did so at the last election.
I should like to support the hon. Member for Wellington in the Amendment which he has proposed, because I can bear him out as to the peculiar character of this borough. It is, the largest borough in England, in area containing no less than 22,000 acres. It is a borough composed of three towns in the middle of a large agricultural area. Each of these towns has a population of from 2,000 to 3,000, but if the whole borough is taken the population is only 15,000, and therefore the licences would come under the larger scale. This borough has been treated in a peculiar manner in times gone by, therefore it comes under no new application. The exceptional nature of the borough was recognised by an exceptional section in the Education Act of 1870, and again in the Local Government Act of 1888. The hon. Member for Wellington has said that the borough asks that the sanitary divisions should be taken as the area for the licensing question. The Chancellor of the Duchy has told us of the particular case of the federated Staffordshire towns, and I think that we have here a case of even greater claim to exceptional treatment. Therefore, I sincerely hope that the Government will give the matter sympathetic consideration.
I would like to say a word in support of this Amendment, and of the Mover and of the hon. Gentleman who has last spoken. I am, myself, well acquainted with this borough and its peculiar circumstances. But one of the boroughs which I represent myself, though not the largest in England, is the next largest, and only 600 acres less than Wenlock. I refer to Welshpool. The circumstances of this town are also extraordinary. It is a small town situated in a very large area which comes within the Parliamentary borough, and I had wished, had not this point been raised on behalf of Wenlock, to raise it on behalf of Welshpool. The circumstances are very much the same. I hope the House will not be prejudiced by the fact that Welshpool is not known as Much Welshpool as Wenlock is known as Much Wenlock, because that is a difference which merely proceeds from the fact that the Welshpudlians are as modest as the Salopians are proud.
The circumstances of Wenlock are certainly peculiar, but the speech of my hon. Friend who has just sat down shows in what the Government will be involved if this Amendment were accepted. For immediately it establishes a precedent, and many anonymous boroughs would appear in various parts of the United Kingdom, and would make a claim analogous to that of Wenlock. I point out, further, the case is distinct from that of the Potteries in many particulars. In this case the towns have been united for 20 years. The Potteries are to be united next year, and the exemption allowed is to last the period of only 20 years, which has already elapsed in the case of this town of the borough of Wenlock. Secondly, the Pottery towns are separate for the purposes of rating and finance generally; and, thirdly, the minimum duty in the potteries is very considerable. As they have a population of over 100,000 the minimum duty will be £35. It is only little more than half that in the case of Wenlock. The minimum charge in the case of the beerhouses in the Potteries will be £23, whereas in the case of Wenlock it will be only £13. More than that, my hon. Friend does not propose a limit of 20 years, which is the period adopted in the case of the Amendment in connection with the Potteries which I have moved. For all these reasons the cases are not parallel, and although I shall be very willing to listen between now and the Report stage to any new and more cogent arguments which hon. Members can advance to show that this town is differentiated from that of any other boroughs which cover the same large area and have
Division No. 777.]
| AYES.
| [7.50 p.m.
|
| Anson, Sir William Reynell | Forster, Henry William | Morse, L. L. |
| Arkwright, John Stanhope | Gardner, Ernest | Nicholson, Wm. G. (Petersfield) |
| Balcarres, Lord | Gibbs, G. A. (Bristol, West) | Randles, Sir John Scurrah |
| Baldwin, Stanley | Goulding, Edward Alfred | Ratcliff, Major R. F. |
| Banbury, Sir Frederick George | Haddock, George B. | Remnant, James Farquharson |
| Banner, John S. Harmood- | Harrison-Broadley, H. B. | Renton, Leslie |
| Bowles, G. Stewart | Heaton, John Henniker | Renwick, George |
| Bridgeman, W. Clive | Helmsley, Viscount | Roberts, S. (Sheffield, Ecclesall) |
| Brotherton, Edward Allen | Hill, Sir Clement | Rutherford, John (Lancashire) |
| Bull, Sir William James | Hills, J. W. | Rutherford, Watson (Liverpool) |
| Carlile, E. Hildred | Hope, James Fitzalan (Sheffield) | Starkey, John R. |
| Castlereagh, Viscount | Kerry, Earl of | Talbot, Lord E. (Chichester) |
| Cecil, Lord R. (Marylebone, E.) | Keswick, William | Valentia, Viscount |
| Clyde, J. Avon | King, Sir Henry Seymour (Hull) | Walker, Col. W. H. Lancashire) |
| Coates, Major E. F. (Lewisham) | Lambton, Hon. Frederick William | Warde, Col. C. E. (Kent, Mid) |
| Dickson, Rt. Hon. C. Scott | Long, Col. Charles W. (Evesham) | |
| Douglas, Rt. Hon. A. Akers- | Lowe, Sir Francis William | |
| Taber, George Denison (York) | Lyttelton, Rt. Hon. Alfred | TELLERS FOR THE AYES.—Mr. Henry and Mr. Stanier. |
| Fetherstonhaugh, Godfrey | MacCaw, Wm. J. MacGeagh | |
| Fletcher, J. S. | Morrison-Bell, Captain |
the same proportions of population, as at present advised I cannot accept the Amendment.
The reason I did not bring the parallel of the Potteries to that of Wenlock was that I did not think the cases were analogous. If my right hon. Friend would make the concession I am quite willing to accept the limit of 20 years. Personally, I do not want to press this matter to a Division, especially when the right hon. Gentleman promises that between now and the Report stage he will consider the matter, and I may say I have no objection whatever to the case brought forward by my hon. Friend the Member for Montgomery Boroughs being also considered.
May I make the same plea as my hon. Friend has made? If my right hon. Friend will consider the matter I, like him, have no desire whatever to go to a Division.
I have already said I will consider any representations my hon. Friends may make to me. I am not prepared to pledge myself to the word "favourably."
As the right hon. Gentlemen has promised Members upon his side to consider between now and the Report stage their Amendments, will he make a similar promise to Members upon this side of the House to consider the case of London?
I beg leave to withdraw the Amendment.
Leave withheld.
Question put, "That those words be there inserted."
The Committee divided: Ayes, 55; Noes, 184.
NOES.
| ||
| Acland, Francis Dyke | Harcourt, Rt. Hon. L. (Rossendale) | Pointer, J. |
| Ainsworth, John Stirling | Harcourt, Robert V. (Montrose) | Pollard, Dr. G. H. |
| Allen, A. Acland (Christchurch) | Hardie, J. Keir (Merthyr Tydvil) | Ponsonby, Arthur A. W. H. |
| Allen, Charles P. (Stroud) | Hardy, George A. (Suffolk) | Priestley, Sir W. E. B. (Bradford, E.) |
| Ashton, Thomas Gair | Harmsworth, Cecil B. (Worcester) | Rainy, A. Rolland |
| Atherley-Jones, L. | Harmsworth, R. L. (Caithness-sh.) | Rea, Rt. Hon. Russell (Gloucester) |
| Beker, Sir John (Portsmouth) | Hazel, Dr. A. E. W. | Rees, J. D. |
| Balfour, Robert (Lanark) | Hedges, A. Paget | Rendall, Athelstan |
| Barker, Sir John | Helme, Norval Watson | Richards, T. F. (Wolverhampton, W.) |
| Barlow, Sir John E. (Somerset) | Henderson, Arthur (Durham) | Roberts, Charles H. (Lincoln) |
| Barnes, G. N. | Henderson, J. McD. (Aberdeen, W.) | Robertson, Sir G. Scott (Bradford) |
| Beale, W. P. | Higham, John Sharp | Robinson, S. |
| Benn, Sir J. Williams (Devonport) | Hobart, Sir Robert | Robson, Sir Walter Snowdon |
| Benn, W. (Tower Hamlets, St. Geo.) | Hobhouse, Rt. Hon. Charles E. H. | Roch, Walter F. (Pembroke) |
| Berridge, T. H. D. | Hodge, John | Roe, Sir Thomas |
| Bethell, Sir J. H. (Essex, Romford) | Holland, Sir William Henry | Rogers, F. E. Newman |
| Boulton, A. C. F. | Howard, Hon. Geoffrey | Rose, Sir Charles Day |
| Bowerman, C. W. | Hyde, Clarendon G. | Rowlands, J. |
| Brigg, John | Idris, T. H. W. | Runciman, Rt. Hon. Walter |
| Brunner, J. F. L. (Lancs., Leigh) | Illingworth, Percy H. | Samuel, Rt. Hon. H. L. (Cleveland) |
| Brunner, Rt. Hon. Sir J. T. (Cheshire) | Isaacs, Rufus Daniel | Schwann, Sir C. E. (Manchester) |
| Burns, Rt. Hon. John | Jardine, Sir J. | Scott, A. H. (Ashton-under-Lyne) |
| Byles, William Pollard | Jenkins, J. | Seddon, J. |
| Cawley, Sir Frederick | Jones, Leif (Appleby) | Seely, Colonel |
| Channing, Sir Francis Allston | Jones, William (Carnarvonshire) | Shackleton, David James |
| Cheetham, John Frederick | Kekewich, Sir George | Shaw, Sir Charles E. (Stafford) |
| Clough, William | Kelley, George D. | Sherwell, Arthur James |
| Clynes, J. R. | King, Alfred John (Knutsford) | Shipman, Dr. John G. |
| Cobbold, Felix Thornley | Laidlaw, Robert | Silcock, Thomas Ball |
| Collins, Stephen (Lambeth) | Lament, Norman | Sloan, Thomas Henry |
| Collins, Sir Wm. J. (St. Pancras, W.) | Layland-Barratt, Sir Francis | Steadman, W. C. |
| Compton-Rickett, Sir J. | Lever, A. Levy (Essex, Harwich) | Stewart, Halley (Greenock) |
| Corbett, A. Cameron (Glasgow) | Lever, W. H. (Cheshire, Wirral) | Straus, B. S. (Mile End) |
| Corbett, C. N. (Sussex, E. Grinstead) | Levy, Sir Maurice | Summerbell, T. |
| Cory, Sir Clifford John | Lewis, John Herbert | Taylor, Theodore C. (Radcliffe) |
| Cotton, Sir H. J. S. | Lough, Rt. Hon. Thomas | Tennant, Sir Edward (Salisbury) |
| Cowan, W. H. | Macdonald, J. M. (Falkirk Burghs) | Tennant, H. J. (Berwickshire) |
| Crossley, William J. | Macnamara, Dr. Thomas J. | Thomas, Abel (Carmarthen, E.) |
| Davies, David (Montgomery Co.) | M'Callum, John M. | Thomas, Sir A. (Glamorgan, E.) |
| Davies, Ellis William (Eifion) | McKenna, Rt. Hon. Reginald | Thomasson, Franklin |
| Davies, Sir W. Howell (Bristol, S.) | M'Laren, Sir C. B. (Leicester) | Thorne, William (West Ham) |
| Dewar, Arthur (Edinburgh, S.) | Manfield, Harry (Northants) | Toulmin, George |
| Dickinson, W. H. (St. Pancras, N.) | Markham, Arthur Basil | Ure, Rt. Hon. Alexander |
| Duckworth, Sir James | Massie, J. | Verney, F. W. |
| Duncan, J. Hastings (York, Otley) | Middlebrook, William | Walters, John Tudor |
| Dunn, A. Edward (Camborne) | Mond, A. | Ward, John (Stoke-upon-Trent) |
| Dunne, Major E. Martin (Walsall) | Morgan, G. Hay (Cornwall) | Ward, W. Dudley (Southampton) |
| Edwards, A. Clement (Denbigh) | Morgan, J. Lloyd (Carmarthen) | Warner, Thomas Courtenay T. |
| Elibank, Master of | Myer, Horatio | Wason, Rt. Hon. E. (Clackmannan) |
| Essex, R. W. | Napier, T. B. | Wason, John Cathcart (Orkney) |
| Esslemont, George Birnie | Newnes, F. (Notts, Bassetlaw) | Waterlow, D. S. |
| Evans, Sir S. T. | Nicholls, George | Watt, Henry A. |
| Everett, R. Lacey | Nicholson, Charles N. (Doncaster) | Weir, James Galloway |
| Findlay, Alexander | Norman, Sir Henry | White, J. Dundas (Dumbartonshire) |
| Fullerton, Hugh | Nuttall, Harry | Wilkie, Alexander |
| Gibb, James (Harrow) | Parker, James (Halifax) | Williamson, Sir A. |
| Gill, A. H. | Partington, Oswald | Wills, Arthur Walters |
| Gladstone, Rt. Hon. Herbert John | Pearce, Robert (Staffs, Leek) | Wilson, W. T. (Westhoughton) |
| Glendinning, R. G. | Pearce, William (Limehouse) | |
| Goddard, Sir Daniel Ford | Philipps, Col. Ivor (Southampton) | |
| Gooch, George Peabody (Bath) | Philipps, Owen C. (Pembroke) | TELLERS FOR THE NOES.—Captain |
| Greenwood, G. (Peterborough) | Philips, John (Longford, S.) | Norton and Mr. Whitley. |
| Gulland, John W. | Pickersgill, Edward Hare | |
moved to insert, at the end of Scale 4 (Wine Eetailers' On-Licence), the words: "Where a retailer's on-licence for wine is taken out by a person who is the holder of a beerhouse licence, the duty payable on the retailer's on-licence for wine shall not exceed 25 per cent. of the duty payable on the beerhouse licence."
This Amendment raises a question of very great importance. I am not asking by this Amendment any concession, but I think the grievance which I seek to remedy is due to an oversight on the part of the Government, and upon this ground I venture to claim for it the sympathetic attention of those in charge of the Bill. I think the sooner this matter is elucidated the better for all parties concerned. As the Bill stands it is possible that in many cases it may occur that the united duties upon the combined on-licence for beer and wine may be equal to or exceed the duty upon the full licence, which authorises the sale of all kinds of drink, and this may occur upon premises of identically the same annual value. That appears to be a case of anomaly, and the case becomes more apparent if we consider it in connection with the minimum charge. It is in the knowledge of the Committee that the minimum charge for wine is exactly the same as the minimum charge for a full licence, and consequently if a house is desirous of selling beer and wine they would have, in addition to the minimum charge for selling wine, to take out a minimum licence for selling beer.
8.0 P.M.
I am glad to see that the Solicitor-General is going to answer this Amendment, because it appears to me that the Chancellor of the Duchy of Lancaster revels in anomalies, and this is one after his, own heart. I would like to give an instance showing the justice of the Amendment I am bringing forward. Take the case of a £24 house. The full licence would be £12, the beerhouse licence would be £8, and a wine on-licence would be £4 10s., or altogether the combined licences in a beerhouse where the proprietor desires to sell wine would be £12 10s., whereas a full licence would be only £12. Take the case of a £36 house. The full licence would be £18. The beerhouse licence would be £12 and the wine on-licence £6, and taken together the cost would be exactly the same. It will be obvious to the Committee that a full licence is by far the most valuable. If I have succeeded in pointing out an anomaly to the Committee, I am very glad to have been able to do so, and without any further argument I will move my Amendment.
The object we have in view in proposing this scale of licences is to make them distinct one from the other. The publican's licence is one thing and the beer licence or the wine licence is quite another thing. Until the year 1880 there was a separate licence required from the Excise for wine and for beer, but after that year, for some reason or other, the two separate licences were combined into one licence for beer and wine for the sum of £4. There was no justices' licence which corresponded to these licences which enabled them to sell both beer and wine upon the premises. In this Bill we have a separate scale for the wine retailers. It is possible that these two licences combined will in some cases come to more than the full publican's licence, but I submit to the Committee that that is not the proper test. I have known cases of applications for full licences where there existed before only a wine and beerhouse licence refused over and over again. The amount is very small for a house the annual value of which is under £30, the licence being £4 10s., and that is only £1 more than it was before and up to the year 1880. In no case, whatever the annual value of the house may be, can the wine licence be more than £12. This is considered to be a reasonable sum, having regard to the incidence of taxation and the question of the revenue to be raised. If we accept this Amendment there will be an irresistible case for applying the same principle to off-licences. To adopt that course would entail a very great diminution of revenue, and having regard to the smallness of the scale and the maximum sum and the fact that we are only reverting to the state of things which existed before 1880, when the beer and wine licences were separate, I am afraid the Government, notwithstanding the forcible speech of the Noble Lord, are not in a position to accept this Amendment.
In some cases the combined Beer and Wine Duties will exceed the amount of a full licence, and for this reason I think the Amendment ought to receive some consideration. We are in the extraordinary position that the Government have in the whole of this Finance-Bill favoured the importation of wine by imposing very small duties upon wines as compared with beer and spirits. That, I take it, will lead to a further increase in the importation of wines, and if you are going to do this surely you ought to take some steps in the direction of facilitating, the drinking of wine. I take it that the object of the Government in giving this preference to wine is that they think it is much less injurious than spirits, which has a very much heavier duty. I ask the Solicitor-General how can he justify this proposal? He may be able to justify in the eyes of his own party, but he cannot justify in the country, the fact that the combined duty on wine and beer will in some cases exceed a full licence. I cannot imagine how, for the sake of facilitating the passage of this Bill, he can justify a charge of this description. I sincerely hope the hon. and learned Gentleman will reconsider this matter, and if he does not give us some assurance on this point I shall certainly vote in favour of this Amendment.
The Solicitor-General's argument appears to be that if you remedy the injustice in this case you will also have to remedy it in the case of the off-licence. Surely that is not an argument that will commend itself to the Committee from the point of view of justice. I think that is a strong reason for remedying the injustice in both cases, but the hon. and learned Gentleman seems to think it is a sufficient reason for remedying neither. In the cases quoted by my Noble Friend actually the full licence would be cheaper than the joint licence for beer and for wine, and that cannot be justified. I agree that the words proposed may not come in quite conveniently in the position in which they are proposed to be inserted in the Bill by this Amendment. The Solicitor-General has frequently shown himself sympathetic in cases of this kind after we have pointed out the injustice which will be done, and I ask him before the Report Stage to look into the matter in order to see whether this injustice cannot be remedied.
There is no doubt an anomaly exists, but it is far more apparent than real by reason of the fewness of the cases. I do not like anomalies, and I will undertake to look into the matter to see whether the case put forward requires separate treatment, whether it is a small matter, whether we need to stick to it as a question of revenue, or whether the anomaly is a really great one. I will undertake to consider the matter on the Report stage.
I do not think the Solicitor-General should look at this matter solely from the point of the revenue, but he should look at it all round.
Under the circumstances I think I am justified in withdrawing this Amendment. I would suggest, however, that the Solicitor-General should give additional attention to the words I have proposed, because I think they will meet the case.
Amendment, by leave, withdrawn.
Amendments made: In Scale 4 (Off-Licences—Beer), paragraph (1), leave out "c. 41, s. 20," and insert instead thereof "c. 20, s. 41."—[ Mr. Herbert Samuel.]
In same Scale—Wine, leave out "Scale 6." and insert instead thereof "Scale 7."—[ Mr Herbert Samuel.]
moved, in the same Scale, to add after the second paragraph relating to Wine, "Licence as a dealer in wine, on which duty is payable under 6 Geo. 4, c. 81, s. 2, so far as such a licence authorises sale by retail."
I think the right hon. Gentleman might give us a word of explanation in regard to this proposal.
The wine keeper's licence authorises sale by retail as well as wholesale. A justices' licence is required to authorise the sale not only wholesale, but also by retail. Consequently it is necessary in this definition to make clear that this Act so far as it authorises sale by retail has reference to the licence with which we are now dealing.
Question, "That those words be there inserted" put, and agreed to.
moved, in Scale 5 (Spirit Retailers' Off-Licence) to leave out:—
| £ | s. | d. | |||
| Under £30 | … | … | 14 | 0 | 0 |
| £30 and under £50 | … | … | 20 | 0 | 0 |
| £50 and under £100 | … | … | 30 | 0 | 0 |
| £100 and over | … | … | 50 | 0 | 0 |
| £ | s. | d. | ||
| Not exceeding £10 | … | 10 | 0 | 0 |
| Exceeding £10 and not exceeding £20 | … | 11 | 10 | 0 |
| Exceeding £20 and not exceeding £30 | … | 14 | 0 | 0 |
| Exceeding £30 and not exceeding £50 | … | 15 | 0 | 0 |
| Exceeding £50 and not exceeding £75 | … | 16 | 0 | 0 |
| Exceeding £75 and not exceeding £100 | … | 17 | 10 | 0 |
| Exceeding £100 and not exceeding £250 | … | 19 | 0 | 0 |
| Exceeding £250 and not exceeding £500 | … | 30 | 0 | 0 |
| Exceeding £500 | … | 50 | 0 | 0 |
This Amendment has been on the Paper a long time and it was promised by the Chancellor of the Exchequer as long ago as July last. The Scale in the Bill was recognised, on reconsideration, as being unduly onerous. There are a number of cases in which off-licence holders who hold all the various licences in respect of spirits, wine, and beer, and who would be required to pay a higher sum than publicans who have both on and off-licences for the same beverages. That cannot be avoided in some cases of the lower-rated premises without lowering the duties already paid. It was represented to us very strongly that the sales carried on by large numbers of grocers in highly-rated premises are frequently very small. They may have a considerable business as grocers, and their liquor business be a very trifling adjunct to it. The effect of charging the high Licence Duties proposed in the Bill would be not to bring in any additional revenue, as anticipated, but merely to induce grocers to surrender their liquor licences and deal in groceries only. We are familiar in all these cases with the argument that the duties will be found so oppressive that they will bring in no additional revenue; but it may nevertheless sometimes have substance and have to be admitted by the Government that the rate of taxation may be so high that fresh revenue will not be obtained. We thought it desirable for all these considerations to remodel the scale of duties for off-licence holders, and the Amendment I now move is the first of a series to effect that purpose. The Chancellor of the Exchequer and the Government have been in communication with the off-licence holders of England, Scotland, and Ireland, and it is estimated that this scale we now propose would, to a large extent, meet the requirements of the business, and at the same time considerably increase the revenue. All taxpayers object to increased taxation upon their business, and the off-licence holders are by no means addicted to have their duties raised, but if they are to be raised the scale now proposed is the form which would cause them the minimum of inconvenience. Under the Bill, the duties, if a man wants to sell spirits, wine, and beer, start at £21 on the lowest rated houses, and go up to £70 on the highest rated houses of £100 and upwards. The new scale begins at £14, and rises to £70 and upwards. A large proportion take out spirit, wine, and beer licences; consequently, they will have to take out three licences, and, if hon. Members will look at the three sets of duties set out, they will see that on the lowest rated houses they come to £14, and on the highest rated houses to £70. The wholesale Licence Duties remain as proposed in the Bill, but we propose as a further concession that where the two are held in combination, as they very often are, the wholesale licence may be had at a reduction not of 25 per cent. as proposed in the Bill, but of 50 per cent. If there are any other points hon. Members opposite desire me to explain, I shall be pleased to do so, but meanwhile I hope these considerations are sufficient to commend the proposals to the Committee.
Will the right hon. Gentleman give us an estimate of the cost?
Supposing the same number of licences are taken out in the future as in the past, the proposal would cost about £200,000, but, as it is certain that that estimate is really a paper estimate, and that the effect of the Bill would be to deter a large number of grocers continuing their licences, the loss would be very considerably less than that amount. It is impossible to say how much less till we know how many licences will be taken up.
This change, considerable as it is, does not remove the objection which has been urged during the Debate to placing the off-licence duties on the annual value of the premises. I think anybody who has really studied the cases of small people in the country districts must appreciate that, even reduced as these duties are now, they will be very oppressive. The case of Ireland has been constantly urged, and has been put with such force to the Government in other directions that they have made a special exception of Ireland, and I should imagine this case would apply as strongly to Ireland as it does to England and Scotland. I have had numerous letters from members of my Constituency stating that these taxes are so onerous and oppressive, both directly and indirectly, that their businesses, small as they are, stand a great chance of having to be sacrificed. I cannot understand the position of the Government. On the one hand, they wish to be fair and not oppressive, but they have no sooner said that than they get up and speak in favour of taxes which are considered most oppressive by those who have really studied and understand the question. I believe if the Solicitor-General who took such an active interest and a large part in the Licensing Bill was here he would appreciate in this case, as he has done in others, that there is considerable reason and ground for relief. In his absence I appeal to the right hon. Gentleman who is in charge at the present moment to favourably consider this matter. I would like to move an Amendment to substitute £10 for £5 in the first line.
We had better leave out lines 47 to 50 first.
Question, "That Scale 5 (Spirit Retailers' Off-Licence) stand part of the Schedule," put, and negatived.
moved, as an Amendment to the proposed Amendment, in the first line of the proposed new scale, to leave out "£10" (the amount of the duty) and to insert instead thereof "£5."
This cannot be a very serious matter from a revenue point of view, while it certainly would relieve a great many of the hardships to which attention has been drawn. I commend it, therefore, to the serious consideration of the right hon. Gentleman.
The Government cannot accept this Amendment. The scale has been agreed upon between the parties concerned, and I would point out that if this Amendment were carried it would allow grocers to get spirit licences at a considerably cheaper rate than they now do.
What does the right hon. Gentleman mean by saying that this scale has been arranged between the parties?
I told the hon. Member that the Government had been in communication with the Off-Licence Holders' Association, and this scale was agreed upon as one which would impose a minimum amount of inconvenience, providing, of course, the duties are to be raised.
Have they agreed to it?
Yes.
I thank the Government for their concession in this matter. When first the Bill was published I had communications from off-licence holders in my Constituency, and since the new scale has been brought forward I have been given to understand by those who felt that they had a just and legitimate complaint against the original scale that they are satisfied with this proposal. On their behalf, therefore, I desire to thank the Government for the concession which it has made.
I congratulate the Government on having at last discovered, five months after the Budget was introduced into this Chamber, that there comes a breaking-point in taxation, and that the higher the tax is the smaller will be the revenue return. That has been a matter of common knowledge to great Chancellors of the Exchequer in the past, but apparently the present Government have a great deal to learn in this direction. The Chancellor of the Duchy of Lancaster has told us that this remission in favour of off-licence holders will cost something like £200,000, but, he added, that it would not really be so large as the scale, as originally fixed, would have acted as so great a deterrent to those accustomed to take out these off-licences that they would drop their licences rather than pay the amount set down in the scale. That is a great confession for the right hon. Gentleman to have made, and I thank him for it. What we have been saying from first to last, ever since the Licensing Duties were laid before this House, was that that would be the effect—
This has nothing to do with the Amendment.
I understand that the object of the Amendment is to still further reduce the charge—to reduce it from £10 to £5. I am glad that that proposal is made. I have been championing the cause of the on-licence holders, but I am none the less delighted at any prospect of getting a concession for the off-licence holders. I shall be only too glad, if the right hon. Gentleman will agree, to substitute £5 for £10. I have simply been overwhelmed with representations from members of the off-licence trade with regard to the burdens these new duties will cast upon them, and if we are able to get this concession from the hard-hearted Chancellor of the Exchequer I shall be only too glad. I hope that, on a subsequent Amendment to this proposal, I may be permitted to indulge in remarks of a more general character. I would point out to hon. Members that to the thousands engaged in this trade this is a matter of great importance.
I confess I cannot see my way to support this Amendment, and I must join in the thanks which have been expressed by an hon. Member opposite for the concession which has been made to off-licence holders. It is undoubtedly a valuable concession, but one cannot help thinking that this tender regard for off-licence holders has underlying it some motive which has not yet been disclosed. I should like to know what that motive is. I have a shrewd suspicion that votes are at the bottom of it. When we compare the way in which these gentlemen have been met with the bitter hostility which has been displayed to the on-licence holders, one cannot help thinking that if there had been an equal number of votes on each side the on-licence holders would have received the same consideration as the off-licence holders are getting. When concessions like these are made they ought not to be made to a particular body of men. They should be made in a general way. If the right hon. Gentleman has £200,000 or £300,000 to give away, he surely might have spread it over the off-licence holders and the on-licence holders equally. I cannot help expressing my regret once more at the way in which the on-licence holders have been treated, and I hope the remarks I have made will induce the right hon. Gentleman to adopt a more conciliatory attitude to that body. Perhaps he will consider that the question of votes is, after all, something—
These observations are really too general.
Then I will conclude my remarks by appealing to the right hon. Gentleman to give the same consideration to the on-licence holders as he is giving to the off-licence holders.
If this is the result of an arrangement between those representing the off-licence trade and the Government I will not attempt to upset it. Under the circumstances, I would ask permission to be allowed to withdraw my Amendment.
Amendment, by leave, withdrawn.
When I was interrupted I was trying to point out that the improvement in this new scale, although I understand it has been agreed to by representatives referred to is an enormous increase upon Mr. Gladstone's scale under the Act of 1880. There, I believe, the licence in all such cases was £3 10s., and now for the first time as regards off-licences it proceeds upon the basis of annual value. Mr. Gladstone, for some reason of his own, in the scale of 1880 disregarded annual value and made a charge of £3 10s. all round. One cannot help contrasting this scale of off-licences with the scale for on-licences. I can only say that I wish the right hon. Gentleman had discovered there was a breaking point in the scale for on-licences as he has discovered it in the case of off-licences. He came to the conclusion that by proceeding with the scale as regards off-licences he would have lost more than he would have gained. He would have drawn the enormously increased duty prescribed in the original scale, but it would have had such a deterrent effect upon the trade as a whole, that the traders, rather than pay such an exorbitant amount, would have dropped the licence altogether, and the Chancellor of the Exchequer would have found himself no richer, but poorer, in consequence. I do not complain of his having arranged the matter with the off-licence trade, but I wish in his financial wisdom that he had tried to make a similar arrangement for the on-licence holders.
It is quite correct that the off-licence holder can get a spirit licence for £3 10s. He can get a retail licence for £3 3s., but there is this anomaly in the present law, that he cannot have a retail licence without first taking out a wholesale licence, so that no grocer can take out a licence to sell in retail quantities alone, and for the two in combination he has to pay £13 13s. Now we propose to allow him to have on the lowest rated houses a licence for spirits at the rate of £10, but although there is no graduation according to rateable value in England, there is for off-licence holders in Scotland and Ireland.
Do I understand from the Chancellor of the Duchy that a grocer who wishes to sell spirits retail and nothing else can get a licence cheaper under this new scale than previously?
If he has a comparatively small place he can get a licence for £10 now instead of £13 13s., but he is now restricted, as he was not before, to selling in retail quantities.
The rate under this Bill must be to the advantage of the individual grocer who confines his trade to selling retail.
I confess I have not appreciated the point of the right hon. Gentleman's answer to my hon. Friend. I am quite sure that the public at large have not yet understood that the effect of this alteration in the Schedule is to allow the duty for retailers of spirits to be lower than it was 12 months ago. Perhaps, to some extent, that accounts for the enthusiasm with which we gather the Chancellor of the Duchy's scheme has been accepted by this particular branch of the trade. As to the financial effect of this new series of Schedules, it is true I did not give the right hon. Gentleman notice of my question on that point, and perhaps he was not at that moment prepared to deal with it as fully as the subject demands. I gathered that he said the effect of these reductions might be to incur a loss to the Chancellor of the Exchequer of something like £200,000 a year. I think it is very important that we should have a more definite and revised estimate. I gathered from the right hon. Gentleman that he expects in certain cases the number of licences taken out will be reduced.
Under the scale proposed in the Bill.
In view of the fact that the retailer will be able to take out his licence at a smaller figure than is the case to-day, does the right hon. Gentleman anticipate in consequences of that very great concession, and considering how very heavy other portions of the licensed trade are hit, that more licences will be applied for? I should like the right hon. Gentleman to give the Committee a financial estimate on his revised Schedules.
The cases in which a grocer will be able to get a licence cheaper than now are exceedingly few, because it is only in the case of the smallest houses that this can possibly occur. If the house does not exceed a rateable value of £10, a spirit licence costs £10, which is less than the wholesale plus retail licence now. I do not know how many cottages there are less than £10 in annual value and grocers' shops which have a spirit licence, but there must be hardly any, if indeed there are any. As to the next step in the scale, exceeding £10 and not exceeding £20, again he will be able to get his licence at £11 10s. retail instead of 13 guineas, retail and wholesale. There there is a very small decline; but there again the number of grocers' shops of less than £20 which have these spirit licences are few, if any. As soon as we come to the third step, exceeding £20 and not exceeding £30, there at once you get a £14 licence for retail only in place of the present 13-guinea licence, both retail and wholesale, so that the charge will be higher than it his been hitherto. Therefore the cases must be so small as to be quite negligible in making these estimates of the probable yield of the duties. Further, this must be taken into account, that the existing law was obviously anomalous. To say to a man, "You shall not have a retail licence unless you also have a wholesale licence," as clearly wrong, and it was necessary to split the licence in two. When you have split the licence in two you have to take all the circumstances into account, and it was thought right to charge a sum of 15 guineas for a wholesale licence and to charge sums varying, according to the scale, from £10 up to £50 for the retail licence. If a man with a £10 cottage wanted to have the wholesale plus retail licence which he has now—if he wants to get the same thing that he pays 13 guineas for now—he would have to pay in future £17 odd—that is, £10 plus half of 15 guineas—to get what he now pays 13 guineas for.
I am much obliged; but could the right hon. Gentleman give a general estimate of the financial alteration involved apart from houses under £20?
It was estimated that these concessions would, if the Bill made no difference to the number of licences, cost £200,000, but it is perfectly impossible to estimate how many grocers would have surrendered their licences if the scale of the Bill had been insisted upon, and how many would still retain them under the scale which we now propose to insert.
Could the right hon. Gentleman say whether in Scotland the value that is to be taken in order to determine the amount of the Licence Duty is to be the value appearing in the valuation roll?
The Scotch licensed grocers are now charged upon their rateable value on a scale varying with their rateable value, and as at present advised I am of opinion that the same principle will apply in future as now.
Amendment agreed to.
Further Amendments made: In Scale 6, to leave out "or wine retailers" ["beer retailers' or wine retailers' off-licence"].—[ Mr. Herbert Samuel.]
To leave out:—
| £ | s. | d. | |||
| Under £30 | … | … | 3 | 10 | 0 |
| £30 and under £50 | … | … | 5 | 0 | 0 |
| £50 and under £100 | … | … | 7 | 0 | 0 |
| £100 and over | … | … | 10 | 0 | 0 |
and to insert instead thereof:—
| £ | s. | d. | ||
| Not exceeding £10 | … | 1 | 10 | 0 |
| Exceeding £10 and not exceeding £20 | … | 2 | 0 | 0 |
| Exceeding £20 and not exceeding £30 | … | 2 | 10 | 0 |
| Exceeding £30 and not exceeding £50 | … | 3 | 0 | 0 |
| £ | s. | d. | ||
| Exceeding £50 and not exceeding £75 | … | 3 | 10 | 0 |
| Exceeding £75 and not exceeding £100 | … | 4 | 0 | 0 |
| Exceeding £100 and not exceeding £250 | … | 4 | 10 | 0 |
| Exceeding £250 and not exceeding £500 | … | 7 | 0 | 0 |
| Exceeding £500 | … | 10 | 0 | 0 |
Scale 7
Wine Retailer's Oil-Licences.
Annual value of licensed premises—
| Duty. | ||||
| £ | s. | d. | ||
| Not exceeding £20 | … | 2 | 10 | 0 |
| Exceeding £20, but not exceeding £30 | … | 3 | 0 | 0 |
| Exceeding £30 but not exceeding £50 | … | 3 | 10 | 0 |
| Exceeding £50 but not exceeding £75 | … | 4 | 0 | 0 |
| Exceeding £75 but not exceeding £100 | … | 4 | 10 | 0 |
| Exceeding £100 but not exceeding £250 | … | 5 | 0 | 0 |
| Exceeding £250 but not exceeding £500 | … | 7 | 0 | 0 |
| Exceeding £500 | … | 10 | 0 | 0 |
—[ Mr. Herbert Samuel.]
moved, in same scale (Provisions applicable to Retailers' Licences (General)), paragraph 1, to leave out the word "The" ["The sale at any one time"] and to insert instead thereof the words "A retailer's licence authorises."
This is a drafting Amendment, which is consequential upon the alteration which was made in respect of wholesale licences, and with regard to the quantities which may be sold under those licences. I made a very full explanation when dealing with the Amendment of the wholesale licence part of this Schedule. This Amendment makes no change at all in the proposals which appeared in this part of the Schedule, but the form in which they appeared must he altered on account of the alterations which were made to the wholesale part.
I am not quite clear that the retailer's position is not altered for the worse by this series of Amendments. I am told it is very doubtful whether there has been any such general restriction of the amount which may be sold by the retailer which is proposed in this Amendment. The definitions of sale by retail as a rule have been intended merely to show what the wholesale dealer might not do, and not to limit the amount which the retailer might do. The only restrictive provisions on retailers I am told are those contained in Section 102 of the Spirits Act, 1880, which forbids the spirit retailer to sell to another retailer or to a dealer unless he also holds a dealer's licence, and in the Spirits (Ireland) Act, 1845, which forbids a spirit grocer in Ireland to sell more than two quarts of spirits at one time. I should be glad if the right hon. Gentleman will explain whether his Amendments do alter for the worse the position of the retailer in regard to what he is allowed to do under his retail licence.
The Amendments make no difference at all. This Amendment merely recasts the form in which the Schedule now appears. Whether the Schedule itself makes any difference is, I think, what the hon. Member has in his mind. It would be advisable if I were to consider it before the Report stage, but, as at present advised, I am certainly of opinion that the retailer is restricted under the existing law and may not sell any quantities above those specified in the retail licence.
I am perfectly satisfied if the right hon. Gentleman will give the matter consideration.
Amendment agreed to.
Further Amendment made, in Scale 6, to leave out the words "is sale by retail, and the sale at one time to one person of liquor in any larger quantities is wholesale dealing.
"2. A retailer's on-licence does not in any case authorise wholesale dealing," and to insert instead thereof the words "but not in any larger quantities."—[ Mr. Herbert Samuel.]
I beg to move, in paragraph (3) ('Provisions applicable to Retailers' On-licences), to leave out the word "seven" ["annual value of the premises exceeds seven hundred pounds "], and insert instead thereof the word "five."
This is the concession which was announced some time ago to enable publicans and other persons with licensed premises of over £500 to have the option of being assessed upon annual compensation value instead of annual value.It has been repeatedly stated by the Government in this House that this concession is one of very great value, but they have always refused to explain what they mean by it. The whole point of this Amendment depends entirely upon how they arrive at annual compensation value. No one representing the Government has ever explained to the Committee or the country how annual compensation value is to be arrived at. This matter has been very carefully investigated. The Amendment has been brought forward specially to meet the case of the large houses in London. Many of the owners of these large houses have paid great attention to this matter, and having expert knowledge, and being fully acquainted with all the terms, decisions, and precedents created under the Act of 1904, they have endeavoured to estimate the annual compensation value to which this paragraph would apply in the case of houses over £500 value. In no case does their calculation result in any reduction of the tax. These houses are of great value owing to the value of the site and the buildings, and when the trade done in houses is added to the value of the site and building the result is that a very large amount is taken for compensation under the Act of 1904. On the other hand, having regard to local taxation, which is already very heavy on the licensed trade, and the rents which such houses would command in many cases, the Government have already sucked the orange dry. But when you come to assess for ascertaining what the annual compensation value will be the amount is swollen beyond that which the Government propose in their scale, and under these circumstances I cannot convince myself that this so-called concession will be of the slightest value to any of these houses. It is no mitigation of the burden which this Bill proposes to impose upon them. I think the time has come when the Government should unravel the mystery of this concession by submitting figures, or by some method of calculation in order that the Committee may really know the meaning of the Amendment, and how the concession is to be worked out to afford some relief of the overwhelming burden of taxation which the Schedule proposes to impose on these licensed premises.
9.0 P.M.
The Government have never said that this different basis would be a concession to all the houses above £500 or £700 value. There may be cases in which the rent is very moderate in proportion to the trade done, and there may be houses standing on sites of no very great value—buildings which are rated on a value of £600 a year—which may be doing a colossal trade, and if their compensation value were taken as the basis, I daresay they would not get an advantage. But these are not the houses that the Government have in view. These houses already, ex hypothesi, are being assessed on a low rateable value. The houses we have in view in proposing this option, as I have stated on more than one occasion, are houses which are in main thoroughfares perhaps, or at the corners of streets. They stand on very valuable sites and are commanding buildings, but, nevertheless, when they come to be examined, are found to do a very small liquor trade in consideration of the value of the buildings. There you will find that the compensation value would be remarkably low in proportion to the annual value. The hon. Member asked what is compensation value? Compensation value is the difference between the value of the premises with a licence and the value of the premises without a licence. That is a capital sum. Having got the capital sum, you have to ascertain what is the equivalent. The precise formula for effecting that calculation has not yet been laid before the Committee. We have undertaken, before we reach the Clause to which this matter is really germane, to give a statement of the general lines on which the calculation may be made. The importance of this point has been greatly exaggerated by hon. Members opposite. The law says that the annual compensation value shall be calculated in such a way, and the Licence Duty is to be levied on what is the annual equivalent of that capital sum. It must be the equivalent, but if a sum is arrived at which is not the equivalent, then we should be departing from the clear terms of the Act of Parliament. The hon. Member omitted one point in his speech. Not only are we taking a valuation which, in many cases, is lower than the annual value would be, but, for the purpose of Licence Duty, we divide that not by a half but by a third. That is an enormous difference. The difference between one-half and one-third is much greater than at first sight appears.
Is it on all houses?
Only houses above £500. We are speaking about this particular paragraph in the Schedule which relates to these houses. The hon. Member is thinking of small houses and beerhouses in rural districts.
The number you quote is only a minority of the whole.
Certainly they are a minority over £500 in value. That is obvious. The contention is that these houses are too highly valued, especially in proportion to their high rateable value. The difference between one-half and one-third is one-sixth, but the reduction is not a reduction of one-sixth, but a reduction of one-third of the revenue to be derived from it. Take the houses which are assessed for annual compensation value at £600, If you take half the compensation value as duty it would be £300, and if you take one-third of it it would be £200. Therefore the Amendment which I am going to move in a few minutes to reduce it from one-half to one-third will mean a difference in the duty on both houses from £300 to £200. That is, you lower the charge by one-third, which is a very great reduction indeed.
The change which you make of substituting £500 for £700 is, pro tanto, a concession; but to me the matter still remains wrapt in Cimmerian darkness as to what the annual compensation value is. I have been trying hard to understand the Finance Bill, and more especially what the compensation value means, and not only am I unable to understand it, but our professional advisers are unable to understand it, and I have waited for that happy moment when the right hon. Gentleman, with that perspicuity which we all so greatly admire, will make clear to us what remains wrapped in mystery. Until that happy moment arrives we fear that when we get the duty based on annual compensation value we may be out of the frying-pan into the fire.
I had an Amendment down on the Paper on this point in reference to Ireland to reduce the amount to £200. I wish now to direct attention to the fact that even the reduced figure which has just been put, before us does not give any advantage, and I desire to suggest to the right hon. Gentleman that between this and the Report stage he should consider the advisability of putting in a corresponding figure for Ireland, having regard to the trade, the valuation, and everything else, and the number of houses affected. The number of houses which would be affected in Ireland would be very small. There would be only 29 houses above £200, and between this and the Report stage I would ask the right hon. Gentleman, if necessary, to put in an Amendment on the lines I have suggested.
I wish to support the suggestion that has just been made. I understood that this concession was to be extended to Ireland. Anyone who examines the figures will see that in order to extend it to Ireland it will be necessary to name, not the same figure, but a corresponding figure, because there are only six houses in the whole of Ireland above £500, and therefore to name the same concession for Ireland would be no equivalent at all. Having examined the figures very carefully, I would suggest that the very highest figure in Ireland corresponding to the £500 valuation which you propose in England would be £200.
The right hon. Gentletleman (Mr. Herbert Samuel) has really not helped his case very much by the remarks he has just made. It is quite true you have reduced the tax on the compensation value from one-half to one-third in the case of houses over £500 annual compensation value, but the figure still remains higher in every case, as I say, working it both ways, than the charge proposed to be made in the Schedule, except in the case of very few houses—such houses as those which the right hon. Gentleman has himself described in which the charges very nearly approximate. In most cases they are slightly over; in some cases they are practically the same. But these cases ere absolutely exceptional when you go through the houses which are tied to various breweries. There are only two or three cases in a long list of such houses valued over £500. This concession is really no concesion at all, dealing with the broad case, so we may conclude that this reduction of the limit is no substantial relief whatever for the larger and more expensive houses. The right hon. Gentleman has promised a full explanation. I want to clear his mind before he makes that explanation of a confusion that appears to have crept into it. In the Act of 1904 there was only one way of arriving at compensation value. You took the difference between the annual value of the premises with the licence and the annual value without the licence, and then capitalised that value. You then took the annual trade done in those houses, you capitalised the value of the trade on a certain number of years' trading, and you then put the two sums together. You have to deal in that case with a lump sum, but, at the same time, you are compensating the house for every interest in that house—the ground landlord's interest, if he has one, the tenant's interest, and the interest of the manager. There is no indication whatsoever how you are to arrive at the annual compensation value. The only other indication is given in the Act of 1894, as applicable to this case.
On a point of Order. Does this question of the annual compensation value arise on this Amendment?
The principle of how to arrive at the compensation value comes on in another part of the Bill.
I will not press that view of the case further. It has been put forward that the Government are making a concession, but I contend that it is no concession except in cases which are infinitesimal in number as compared with the whole number of houses. This concession will have no value whatsoever until we know how the annual compensation value is arrived at, and I may add that at a later stage we shall have to consider that matter. The Government evidently do not understand at the present moment what is the meaning of "annual compensation value," and we are all still in the dark in relation to it.
May I ask the Solicitor-General whether it is his intention to consider the possibility of reducing the sum from £700 to £200 on Report? I understand the hon. Member below the Gangway has an Amendment to reduce the amount to £200.
My proposal is not to reduce the English figure to £200.
I thought it was generally to move that the figure be reduced from £700 to £200, and I understood that the Government had undertaken to consider it, if possible, between this and the Report stage.
I shall certainly vote for this reduction, but I would urge seriously upon the Government to consider the absolute necessity of reducing this figure to at least £200. I am perfectly satisfied from my own calculations that the duty payable under the alternative of compensation value, one-third of the compensation value, will be less than the 50 per cent. on rental. Let me point out exactly how hard it would be in the case of a man under £500, and down to £200, compared with the licence holder whose house is £600. Suppose the house is £600. A man comes for his licence; he is over the £500, therefore he pays £200 certain, whereas the other man, who is below £500, will have to pay £245; that is to say, if his rent is £490 as against the man who pays £600, he will pay £245 absolutely, while the other man, at the higher rent, will pay £200, or it may be less. Therefore, unless the minimum is reduced to £200, or some similar amount, very great injustices and anomalies will arise between the figures, say, of £150 up to £500.
One man may have annual value, and the other man may have compensation value.
As I understand, the man who is over £500 is required to pay a certain sum by anticipation. It is surely so in the Section—he at once accepts the option, and, if he accepts the option, he has got to pay one-third; but the man of £490 rent actually has to pay £45 more than the man with the £600 rent. It is quite clear that if you have the compensation value it will be less than 50 per cent., the ordinary duty, and it stands to reason that you are giving to owners of houses where the rent is above £500 an advantage which you are not giving to lessees under £500. I want to know on what earthly ground you refuse to give the same advantage to lessees between, say, £100 or £200 a year up to £500 a year rent. The Committee will remember that these lower rented houses are overwhelmingly the largest number. The hon. Member for Lincoln (Mr. Charles Roberts), I think, stated that the average house was £332 rent. If that be so, then the man who is going to be injured is the man who has a less rent than £500. The number of houses over £500 is undoubtedly the smaller number, and the lessor of the larger house will get an advantage that you are going to deny to the £200, £300, or £400 man, until such time as he can obtain the compensation value in substitution for the annual value, and that may be one year, or two years, five years, or ten years hence—we do not know. But, during all that time, the Committee may take it from me, a substantial injustice will be done to the man of £200, £300, or £400 rent, as against the man of £500, £600, and £700 rent. I only want to impress a little more strongly on the Government than has yet been done a few of the anomalies and injustices which will arise in the case of the lower rented man. Now on £150 he pays 30 per cent., and he would have to pay 75 per cent.—150 per cent. more. I think that is quite enough. Take it at any reasonable figure you like under £500, by this proposal all privileges are with the higher rented man. That is what I impress upon the Government, and if they want to do justice to the smaller man they must reduce the limit from £500 to some such sum as £150.
I wish to ask a question of the right hon. Gentleman who has an Amendment to reduce the sum from £700 to £500. An hon. Member below the Gangway has an Amendment to reduce it to £200, and I think he said he did not intend to move that Amendment. I gather from him that an arrangement has been made with the right hon. Gentleman by which the Irish case will be met.
My Amendment is on the Paper, and speaks for itself, and if the hon. Member will read it he will see what it is. I did not say anything about any arrangement.
I apologise. I understood him to say it was an arrangement. Then may I ask if in this case also Ireland has been met, and that there the minimum is to be £200 while it is to be £500 for Great Britain?
No such decision has been arrived at. My hon. Friend has put down an Amendment for the first time to-day. His point is that we recognised that the valuation is on a different scale in Ireland to the valuation in England, and that for that reason we have a different kind of minimum for the lower value houses in Ireland than in England, because if we had the same minimum we would not arrive at the same effect. His point, as I understand it, is that the same principle applies to the higher houses, and that if we apply the English minimum of £500 to Ireland we should be applying it to a different class of house from that in England, and that if we want precisely to have the same class of house it must be a somewhat lower valuation in order to get at a house of the same character and really doing the same kind of trade. I interjected a remark across the floor that the Government would consider that point and look into it on Report stage.
Have the Government also considered the English case as to the £500 put by the hon. Member for Aberdeen (Mr. J. M. Henderson)? If they have promised to do so, I would say no more about it; if not, I wish to ask for an explanation why they have taken a limit of £500 when it has been perfectly clearly shown, and no attempt has been made to answer it, that certainly in London, to houses of £300 or more in valuation, an injustice will be done in regard to this matter? It seems to me, if what is stated is a fact, and apparently it is not denied, that an overwhelming case for a lower standard has been made out.
The reduction from £700 to £500 was; very largely done in order to meet the case. The only reason for taking into consideration the other figure for Ireland would be the argument, if it is a valid argument, that a house in Ireland of £500 in valuation is not equal to a house of £500 valuation in London, or that it has not really the same effect by using the same figure. I quite agree with my hon. Friend opposite that the house above £500 has an advantage over that below that sum, but suppose you take the figure at £300, precisely the same thing would happen, the man above £300 would have the advantage. The same would happen if you took £100, or wherever you drew the line. The reason why the principle is not applied universally, because that is the real alternative, is a simple one. We think the principle is a far better principle; we believe in this compensation value, and we think the annual value basis is unsound, and that you ought to have regard to the trade, and that you ought not to have regard to the building. We want to get away from the annual value basis altogether, and universally apply this compensation value to all houses, whatever their value. That means an investigation of the circumstances of 120,000 licensed premises and the formation of a register of compensation value. That cannot be done in a moment. We have got a clause, which hon. Members have attacked again and again with the utmost vigour, authorising the Board of Customs and Excise to form this very register in order that the whole basis of Licence Duties may be shifted for all classes of houses. My hon. Friend desires that we should have, not annual value, but compensation value. That we propose to go on with as rapidly as may be, but it is a physical impossibility for the Department concerned to carry out this in a few weeks or a few months.
Why, in the meantime, and it may be a very long time, is an admitted injustice to continue?
I do not agree it is an admitted injustice. What I say is, a compensation value basis is a better basis than the basis which has existed in this country from time immemorial, which is now the law, and which has been the basis for a very long time past, and in respect to which we are obliged through the necessities of the case to adhere for the time being. Since the new duties will be far heavier on the larger houses than the small houses, and since the additional weight of the new duties increases in progressive ratio the larger the building, we thought it right not to require half annual value to be made on a house of, say, £1,000 a year or £1,200 a year, or £900 a year, doing perhaps a smaller trade than the smaller valued house. From the outset we wished that those houses should be at once assessed on the compenation value basis, and we would gladly have brought them all in the first year if that were possible. We found it practicable to bring in many thousands, about one half of which would be in London, by putting the figure at £500. To bring it lower would involve the whole undertaking practically.
Before this question is disposed of I want to know if the right hon. Gentleman is going to meet the demand for a lower basis of £500 with regard to Ireland, and that he refuses to meet the English demand for a similar reduction. The right hon. Gentleman has just acknowledged that the £500 house is more leniently treated than the £300 house, and that is an additional reason why he ought to favourably consider the case of Great Britain.
The £500 house in London would be totally different from the £500 house in Ireland; but so it would be from the £500 house in Scotland or, say, the North of England. I want to impress this matter upon the right hon. Gentleman for further consideration. The man of £500 and over is included; but surely the higher you go the bigger the business. The man with the £500 or the £600 or £700 house is not to be called upon to pay the full 50 per cent., while the man with £400 is. Why are you going to relieve the £500 man, who is doing the bigger business, and leave out the man who has the £300 or £400 house, and is doing a smaller business?
That is an argument against every exception.
The man with the large house has not to pay the 50 per cent., but if he is doing the big business then the option would be no use to him, because his compensation value would be large.
In my opinion, the compensation value will work out smaller than the 50 per cent. Assuming it is so, you are asking him to pay a smaller sum down, and from those who form the great bulk you are almost immediately going to take the full amount without the slightest chance of return. I want this Bill to be a success, and a measure such as the people will ultimately approve; but anything that is unjust or contains great anomalies cannot possibly last as a first-rate measure. Therefore, I want to give everybody, no matter what his rent may be, the same opportunities and privileges, and, although I shall vote for this proposal, I shall use my best endeavours to get the matter reviewed so that every licensee, whatever his rent, may have the full benefit.
The hon. Member apparently is going to vote for something which he thinks is unfair. It would be very easy for him to move an Amendment now to secure what he desires, and I am surprised that he has not done so. Of course, we are very thankful for small mercies, although I think they would have been larger if we had had the Solicitor-General or the Chancellor of the Exchequer to deal with. We know that the Chancellor of the Duchy has told us that he is not in a position to accept any Amendments.
I did not say anything of the kind.
I beg pardon; it was the Secretary to the Treasury. But really there are so many changes in the Minister in charge of the Bill that one gets confused. If the Chancellor of the Exchequer had been here I am sure that he would not only have agreed that Ireland is entitled to exceptional treatment, because the annual value there is taken in a different way from the annual value in England, but he would also have accepted my contention that London is entitled to special treatment for the same reason.
We cannot go into the question of the special grievance of London. The question referred to is not under discussion at all.
I am objecting to the present Amendment, and giving as a reason the case of London. I understand that the case of Ireland would have been moved with the proposal to reduce the amount to £200 had it not been that that case was to be specially considered between now and Report; and my contention is that if Ireland is to be specially treated London also is entitled to special treatment for the same reason.
I have already said that that question does not come into this discussion at all.
I will not pursue the point; but with all seriousness I would urge the Government in considering this matter to consider also the special circumstances of London.
The Committee are labouring under a great disadvantage in being without proper data for judging the position of these licences. Unless we know the compensation value of the various houses it is impossible to judge as to the adequacy or inadequacy of the Amendment. When asked whether he proposed to meet one portion of the United Kingdom by preferential treatment the Chancellor of the Duchy has always evaded the point; therefore, we do not know what importance we can attach to the assurance given on 17th June on behalf of the Chancellor of the Exchequer. I then asked the right hon. Gentleman:—
The reply given by the Secretary to the Treasury was:—"If in view of his announcement of substantial concessions in respect to Scotch and Irish license duties and analogous provisions in the Finance Bill, he will undertake not to differentiate his proposed taxation to the detriment of the English taxpayer."
There we have a specific assurance on behalf of the Chancellor of the Exchequer that no preferential treatment would be given, but yesterday and to-day, like many other promises received from right hon. Gentlemen opposite, that assurance has been torn up and destroyed. We are always treated in this way. Whenever we require data to enable us to come to a sound decision we are told either to wait until a later stage or until next year or the year after, or that this is only a temporary arrangement, and that if it proves to be so unjust that it cannot be worked it will be modified."My right hon. Friend has no intention of differentiating between the English taxpayer and the taxpayer in Scotland and Ireland."
Those general observations do not apply to this Amendment.
Thank you, Mr. Caldwell, for your guidance. Unless the Government is willing to do what it has specially not done we cannot say at this moment whether £500 is a suitable substitute for the figure which stands in the Bill. I am inclined to think with a great many Members on the other side of the House that the hon. Member for Aberdeen is right, and that this proposed alteration is very insufficient as a substitute for what is proposed in the Clause and the various anomalies consequent thereon, and that this is the right moment for the right hon. Gentleman taking efficient steps towards obviating this very undesirable condition of things.
These two or three Amendments appear to be very kindred to one another. Now we have at last got from the Chancellor of the Duchy that it is a physical impossibility for the Commissioners to be quick in their operations. We knew that before. He has told us that they are going to start on the big houses. I venture to put to the Committee that that practically creates a very serious condition for the small houses, who will have to wait whilst the big ones are being dealt with. Yesterday we were told by the Chancellor of the Duchy that he was able to compute the amount of money he expected to get under these arrangements by means of the technical advisers at his disposal. It would have been a great convenience if he had told the House, or the Committee, how he arrived at this annual compensation value. Everyone of us has wanted to know that for weeks past. What does the position to-night amount to? We are told that in London there is a particular position regarding valuation. I speak at a disadvantage, because I have not—although I asked a question on Mon day, and asked for an answer at once—the knowledge in my possession which the Chancellor said he had last night. Very well; I must take things as I find them. A house of £500, if rightly rated, would have to pay £167 contribution as Licence Duty, whereas a house of £498 would have to pay £249 to the Revenue under the circumstances proposed. That may be right or it may be wrong—
The hon. Member is not quite right. He has omitted the fact that there is a minimum.
I have not omitted any fact except that I do not possess the answer to the question I put to the Treasury Bench. If I had got it I should be able to deal with absolute facts, which under present circumstances I cannot. I will repeat the position. I understand—and the right hon. Gentleman will correct me if I am wrong—that if a house is rated to-day in London at £500, and if London rating, as his own speeches have shown, is a more or less correct idea of the proper value—in comparison with other parts of the country—as he has repeatedly said—then one-third of £500 is £167—
There is no question of any house being charged one-third of the rateable value.
I have already tried to point out that I have asked continually for the definition of annual compensation value. I am still willing to sit down if the right hon. Gentleman for the third time will interrupt me by giving me that definition now. I therefore assume, as we have been told continually by London Members, that the London quinquennial valuation more or less approximates to the right valuation of these premises, and it has not been contradicted. If I am wrong the Government's speakers can correct me afterwards. Whether my calculations are exactly correct is immaterial. The question is: Why do you require to draw any distinction of any sort between the houses of the country? Why, if it is right to give to rich houses the option of being between the two scales, cannot you give it to all houses? I have never yet heard a single argument put forward of any description which deals with that aspect of the question. The Chancellor of the Duchy has told us that there are reasons: that these people are getting advantages. He said that because a halfpenny had been taken off the tax on sugar that they gained so much per barrel. He said that the price of brewing materials had altered. So far as my experience goes, I share the views expressed from that side of the House rather than his. But I do not pause to discuss that. He then said that a shilling war tax—
The hon. Gentleman should confine himself to the Amendment, which is an extremely simple one. It is to take out £700 in order to put in £500. It is a question of a different amount.
I will do so. At the same time, Mr. Caldwell, without any disrespect to you in any shape or form whatever, we have raised no question touching the incidence of this duty, but we have been invariably beset by assertions from the right hon. Gentleman that the licensees gained in other side issues. I drop it, and leave it at that. I turn to the other aspect of the question. We are dealing with the distributers, and the distributer is the person who has to pay this duty. However much advantage the manufacturer may gain, I do venture to put to the House that the distributer absolutely stands to lose by the proposed arrangement. We heard last night that the small houses in Ireland are gaining. We know that in London the big houses will gain. What about the rest of England? I should very much like to hear from the Chancellor of the Duchy why he does not make this apply to the whole of England indiscriminately, without any fear or favour.
I do not see myself how we can dispose of this Clause until some answer is given to the questions put by the hon. Member for Kidderminster. I contend that the reason the hon. Member does not get an answer to the question is this, it would let the large Irish cat out of the bag. The reason is this, that we are to be valued in Ireland, we were told by the Prime Minister, upon what is called Griffith's valuation. That was contradicted at once by the Chancellor of the Duchy, who said, "Nothing of the kind. There is to be a register which will apply to the three countries." Here we now have the narrow question apparently whether this is to apply to houses of £500 or of £700. I would ask two or three questions in regard to how this is to be applied to Ireland. It is a question of great importance, and for this reason. Whatever principle you adopt in valuing the larger houses, whether £700 or £500, £400 or £300, £200 or £100, you must apply, according to the Chancellor, to all Irish houses not subjected to the minimum scale this new valuation when it comes into force. I admit that the Chancellor of the Duchy tries by a later Amendment to meet the difficulty as far as regards Ireland. I really do not see how his Amendment does that. It is not a concession to us, as hon. Members above the Gangway suppose, but it is an endeavour to meet what otherwise would have been an impossible case, because as I understand the later Amendment it is this: The Clause as it stands says that where the compensation value has not been certified for the purpose of the register to be prepared under this Act, the licensed holder may require that amount to be so certified—that is to say, the licence holder in Ireland might require something that is impossible—it cannot be done. How can a man with a £700 house in Ireland require a certificate of what is non-existent? I presume it is to meet that that the right hon. Gentleman proposes his Amendment, "And where the annual compensation value has not been certified the licence shall be granted on a provisional payment of the minimum duty payable under this provision," and so on. I am right in that. I thought so. What really ought to be done, therefore, is this. You ought not to be afraid to mention the name of Ireland in the Clause. However, as it is a touch-and-go matter, I will not say any more about it; but certainly it is a very curious result of the Debate we had yesterday and the Debate upon Clause 30, and I respectfully say it entirely bears out the view that I took of the Clause. Let me now ask the Government to how many houses will their new Amendment apply? I hope the Opposition will believe me when I say that in no sense is this any concession to Ireland that England and Scotland does not share. If it is a concession at all—about which I say nothing—it is applicable to the three Kingdoms. We are entitled to ask what would be the principle applied in Ireland in regard to this matter of compensation, seeing that no compensation exists.
10.0 P.M.
I should like to ask you, Mr. Caldwell, whether such a question as this is not wholly irrelevant to the point which is now under discussion, namely, whether the figures should be £500 or £700? We spent days of this matter in Committee.
But we never got an answer.
I should be happy to answer the hon. and learned Gentleman, but it would simply be leading to a repetition of the Debates which we have already had.
I could ask it on the Clause.
The whole basis of the principle upon which compensation is to be calculated—a lengthy statement—as I already stated, is to be laid before the Report stage as to the method by which annual compensation value is to be derived.
I accept that.
I already pointed out—
I am sorry I did not catch it.
I do not think the hon. Member was in the House, and now, if he will excuse me, I would rather not enter into a detailed discussion of the manner in which the compensation value is to be calculated in connection with all the annual values in the country.
Will it be circulated next week?
I hope so.
Amendment agreed to.
moved, in paragraph (3), to leave out the word "half" ["a retailer's on-licence may be granted at the option of the licence holder on payment of an amount equal to half the annual compensation value"], and to insert instead thereof the words "one-third of."
I beg to move to amend the proposed Amendment by leaving out the words "one-third" and inserting the words "one-quarter."
The Amendment is not in order. It amounts to a direct negative, but I must take the word out first.
Question, "That 'half' stand part of the Schedule," put, and negatived.
Question proposed, "That 'one-third' be there inserted."
I must now point out to the hon. and learned Member that to insert "one-quarter" would be to negative this Amendment.
I would like to know, upon a point of Order, what my position is at this moment.
I will explain to the hon. and learned Member. A vote will have to be taken on the question "that the words 'one-third' be there inserted." If these words are negatived the hon. and learned Member can then bring forward his Amendment to insert "one-quarter." It can only be moved if the proposal of the Government to insert "one-third" was negatived.
As I am not quite certain that these words will be negatived, I desire to say a few words upon the Amendment proposed by the Chancellor of the Duchy of Lancaster. I am not so sure, after the ruling which has just been given, that I shall have an opportunity of placing before the Committee the Amendment standing in my name, but I think I shall be in order now in making a few observations. I address myself to the Committee because I wish to place before hon. Members certain figures of considerable interest and importance. Nothing will show how entirely in the dark the Government are as regards what will be the practical effect of this wholly novel basis of licence taxation which they are proposing so much as the change which is now before the Committee to shift the proportion of the annual compensation value upon the Licence Duty to be paid from one-half to one-third. The Government admit that in the higher range of the scale some mitigation must be found, but instead of graduating their scale upon the same basis throughout, they draw an arbitrary line at £500 and give the publican an option above that line, "to fly from evils that he has to others that he knows not of," and in regard to which the Government are in entire ignorance as to the amount this taxation will be. We have heard a great number of confident statements from the Government to the effect that this new basis—which is not like the annual value, which is a familiar basis, but a wholly novel basis—will be more favourable to the taxpayer than the old annual value basis. We have never had a single figure given to justify those confident assertions. Basing themselves upon that statement the Government first of all thought that one-half of the annual compensation value would be an advantage over the one-half of the annual value. That idea they have now apparently abandoned, and they are now proposing in place of one-half of the annual value one-third of the annual compensation value. It would be interesting to know upon what information they originally formed the idea that one-half of the annual compensation value would be an advantage to the publican.
Speaking yesterday, if I followed him correctly, the hon. Member for Hudders-field expressed some doubt as to whether the compensation basis now proposed would prove to be so favourable to the publican as had been stated. I venture to say that careful inquiries which have been made go to show that it is very clear indeed that a change from the basis of compensation value is not in the interest of the publican even when you take one-third as the Government now propose to do. Inquiry has been made into this question, and I have before me here the result, and I think this point is well worth the attention of the Government and of the Committee. This is an inquiry which has been made by people beyond suspicion of the highest experience, and it has been made upon such a scale that it really is impossible for anyone to say that it deals with exceptional or hard cases. I am sure I am at liberty to mention the names. These inquiries have been made by Messrs. Watney, Combe, and Reid; Messrs. Whitbread, and Messrs. Truman, Han-bury, and Buxton, all brewers whose names are well known. In the case of Messrs. Watney, Combe, and Reid inquiries were made in regard to 71 London houses running up from £500 to larger amounts, and it was found that the Licence Duties upon half the annual value basis amounted to £26,273. That is the total for the 71 houses. On the basis now proposed by the Government, that is the reduced basis of one-third of annual compensation value, the Licence Duties payable upon those 71 houses will be £36,000.How was the annual compensation value taken?
I will answer that question and then I will throw myself upon the mercy of the Government. I will not make any terms with them, but I ask them to be as frank with me as I am with them. Before I give the remaining figures I will answer the natural question which has been put to me. The annual compensation value was taken in this way. The beer was taken at 10s. per barrel profit; the spirits' profit at 2s. 6d. per gallon, and then the difference between the rent licensed and the estimated rent unlicensed was considered. Those familiar with these matters can judge for themselves as to the reliability of these figures, which I know are well within the mark. The element to be considered is the unlicensed rent, and for that the Committee must assume that it has been clearly estimated by competent persons. That is how the compensation value was taken. It was not capitalised. The Committee knows that when obtaining compensation value for the purpose of compensation it is capitalised, but under the new system the Licence Duty is to be paid on the annual equivalent, and, therefore, it is absurd, having obtained the annual difference to multiply that by so many years and then divide it by the same number of years. Having obtained these three elements, they have taken them to be the annual compensation value. That is my answer to the Solicitor-General, and I hope we shall be told whether, in the view of the Government, that is the correct and proper way, and, if not, in what respect is it defective.
I will now give the result of the inquiry made by Messrs. Whitbread. In this case 24 houses were inquired into, and upon half the old basis the duties amounted to £10,487, and upon one-third of the annual compensation value to £10,301, so that they would stand to gain a few pounds. I am told the reason why the new basis works out so much less unfavourably in their case than in others is that they happen to own a considerable number of houses in the City on very valuable sites. Messrs. Truman, Hanbury, and Buxton made inquiries in the case of 30 houses. On the old basis they pay £16,250, and on the Government's new basis they will pay £20,584, so that this generous concession and this alternative offered in mercy and in consideration to the publican, whose injustice was admitted, will result in one of these cases in a loss of £10,000 a year, in another case in a loss of upwards of £4,000, and in a third in a trifling gain. The houses in regard to which these inquiries have been made are in all parts of London, and they are 135 in number. I do not think it would be possible for any hon. Member to suggest that that does not give a very important and, for London, at any rate, a very reliable general average result. They are, at any rate, figures with which it behoves the Government to deal, and to deal with at once. I hope it may be possible under the Rules of Order to put my Amendment to substitute one-quarter for one-third to the vote of the Committee. If the Government really desire to do any justice to the publican in the upper part of the scale they must go below a third and to a quarter. Taking these 135 houses together, they would, on the old scale of half the assessment, pay £53,016. On a third of the annual compensation value, the Government's present proposal, they would pay £67,260, a loss of £14,000 a year. If the third were reduced to a quarter, then the duties would be reduced from £53,016 to £50,520, so that at a quarter of the annual compensation value there is a trifling, but only a very trifling, advantage. I submit those figures are of considerable importance, and I ask the Government to say in what respect they can challenge them. Do they challenge the method in which the compensation value has been obtained, and, if not, can they possibly resist the conclusion that they must, in justice, reduce the proportion from a third to a quarter?I must congratulate the hon. Member on having successfully steered his way through the obstacles which the forms of the House strewed across his path. If he has not succeeded in moving his Amendment he has made a lucid and interesting speech in support of it. But these arguments have been to some extent dealt with already in my reply to the hon. Members for York and Rutland, both of whom advanced the view that taking the houses of a high value as a whole they would in many cases gain no advantage at all from this alteration. We have never said that this concession would be of advantage to every house above £500, indeed, we have said the contrary. The hon. and learned Member for Basingstoke said the injustice was admitted in the case of houses over £500.
I said it was admitted that there must be a mitigation of the scale at the other end.
What has been admitted is that in respect of a considerable number of houses above £500 there is no injustice in applying the scale. But there are hard cases, and this concession is intended to meet those hard cases. If a house is rated at £600 a year and does a vast trade, it is no reason because its value happens to be £600 that there should be a reduction of the duty. This paragraph in the Schedule is intended simply to meet the case of the house which does a trade out of proportion to, and much less than might be expected from a house of that rateable value. It is no answer to say that if you lump all the houses above £500 a year together there may be no concession to be derived from this particular paragraph. That is my answer to the speech to which we have just listened. The Committee must not draw the conclusion that the effect of this Schedule would be to increase the duties upon any brewery companies who own these houses. In any case it is optional, and they can always elect to be assessed on the half rateable value, and, therefore, in no circumstances can this be held to be extracting more from the trade than the provisions of the Clauses in the earlier part of the Schedule would. If the hon. Member will submit figures to me I shall be happy to see if there are any hard cases which we intend to meet that are not met, but I repeat we do desire to insure that where a house does a small trade it shall get this concession.
The right hon. Gentleman, in my opinion, has given no answer to the hon. and learned Member for Basingstoke. What strikes me as the extraordinary point is this: My hon. and learned Friend was challenged by the Solicitor-General to say how do you arrive at the compensation value. That is information which the hon. Member for Kidderminster and I have been trying to get for some time. The Solicitor-General seemed to think that the question was put by the Government merely as a puzzle, and if the hon. and learned Member for Basingstoke had not been armed and equipped with a very careful method of investigation he might have been floored by the question of the Solicitor-General. But he had his answer ready. He told the Government most distinctly: "I take a certain amount of profit on each barrel of beer, a certain amount on each gallon of whisky, and then I take the difference between the rent which would be paid by a tenant as an ordinary tenant and the increased value which is paid because of the licence." That is a scientific method. I do not know whether the Government intend to employ it or not, but certainly it has a foundation based upon science.
I should like to ask your ruling, Mr. Chairman, whether we are now discussing the basis on which the annual compensation value is to be assessed or whether we are discussing, on the assumption that there is to be an annual compensation value as fixed in the Clause, what proportion is to be taken as duty. I intend no disrespect to the hon. and learned Member, but I would point out that the time is passing very rapidly, and we have still a great many matters to discuss.
On the point of Order, may I say that this whole question was raised by the Solicitor-General for England? It was he who put a question to the hon. Gentleman, and it was in reply to the Solicitor-General that the hon. Member for Basingstoke said, "I arrive at it in a particular way." Whether the point of Order be good or bad, the matter was raised by the Solicitor-General for England, who asked the Member for Basingstoke, "How do you arrive at the compensation value?" The Member for Basingstoke said, "Take the profit on beer and the profit on spirits and the difference between licensed rent and unlicensed rent."
I have not heard the whole of the argument, and am hardly in a position to decide at present.
I immediately bow to your ruling. I certainly would not care to say a thing which is out of Order. The Member for Basingstoke, whose learning in this matter must be the admiration of everyone, has put forward a scheme at the request of the Government, and when he asks the Government, "Do you challenge it or do you not," the Government raise a point of Order. I do not think that is fair to the House. This question, if it has been put once it has been put 165 times, and it has never been answered. Would it be fair to pass this Clause without getting some insight into what the Government intend by this compensation value? If the method of the Member for Basingstoke be agreed to it would be far fairer to Ireland to leave out compensation value altogether. In regard to those large Irish houses, you are doing the thing the Prime Minister said should not be done. You are proposing to exact from them £250 as the minimum under this Clause. We are told that the same principle will be applied to the whole of Ireland. You will have this result, that every publican in Ireland will have to give an account of the beer and spirits he has sold, and you will have a system of torture far worse than any system of Income Tax ever invented.
Amendment agreed to.
moved, in paragraph (3), to leave out the word "three" ("less than three hundred and fifty pounds"] and to insert instead thereof the word "two."
Now I think we are entitled to know how this figure of £250 is arrived at.
The figure £250 proposed to be inserted is arrived at by dividing £500 by two. The £350 is half of £700. The purpose of it is this. The hon. Member (Mr. Barnard) said the effect of giving this privilege of option would be to enable larger houses to pay a less duty than much smaller houses, and in order that houses below £500 shall not be put at too great a disadvantage we say that at all events a house of £700 or £800 annual value, if it chooses to pay on its compensation value, may be assessed on that basis, but it is not to pay less than a £500 house which has not the privilege of this option. A £500 house pays £250, and a higher house if it chooses the option is not to be allowed to pay less than £250. £350 is the sum payable by a £700 house, which was the value previously in the Schedule.
Amendment agreed to.
moved to insert, at the end of Paragraph (3): "This provision shall apply to premises, whatever their annual value, if they are structurally adapted for use as an hotel and are bonâ fide so used, and it is shown to the Commissioners that it is impracticable to obtain a reduction of duty in respect of the premises under the provisions of this Act enabling such a reduction to be obtained for hotels in certain cases, owing to the fact that visitors resort to the place where the premises are situated only during certain seasons of the year.
"In such a case, the minimum amount of duty payable shall be fifty pounds instead of two hundred and fifty pounds."
This is intended to meet a particularly hard case. Hotels are placed in a very different position from public-houses in respect of the amount of duty that they have to pay. The duties are very considerably lower in the case of hotels than in the case of public-houses, but in order for a particular licensed house to be valued as a hotel less than a third of its total receipts must, be liquor receipts. It has been represented that there is a considerable number of hotels, for example, in the Highlands or in certain seaside resorts which are unable to show a proportion of liquor receipts less than a third, and thus to qualify as hotels for the purpose of duties, because during the winter months they are closed; but their bars may remain open for the convenience of the people of the locality. They are none the less genuine hotels, and they ought not to be made to pay half their rateable value in Licence Duties. To meet that case we have put down that particular Amendment. I believe it is generally accepted in the main as meeting the case of the seasonal hotels. As regards the three Amendments which appear on the Paper in the names of the hon. Members for Wandsworth (Sir H. Kimber), the Thirsk Division of Yorkshire (Viscount Helmsley), and Hereford (Mr. Arkwright), it may save time if I say now that the first is really unnecessary, because it expresses the intention of my Amendment. There is no objection to inserting the words if desired. The second Amendment would make my Amendment far too wide. The third Amendment is one of some substance, but the Government will require a case to be shown why the minimum should be reduced from £50 to £35, as the hon. Member for Hereford suggests.
I desire to thank my right hon. Friend for moving this Amendment. Many of us were in a position of extreme anxiety, not only in regard to hotels in our respective districts, but also as to the effect which the original proposal of the Government might have had as to the number of people who would be able to visit the resorts in the Highlands and islands of Scotland and also seaside places in England. This Amendment will meet the hard cases which I had the honour of placing before the Chancellor of the Duchy. One of the objections to making the Amendment was that when one concession is granted further concessions are asked. In view of the hour we have reached, and the amount of business still to be done, I sincerely trust that the hon. Member for Hereford will not press his Amendment to reduce the minimum to £35. At the same time, I would express the hope that between now and the Report stage the right hon. Gentleman will take into consideration whether he could not further reduce the limit in order to bring in a large number of hotels which otherwise may suffer.
I understand that the abatement will be upon one-third of what is received in connection with the sale of alcohol. Will that bring into the account the money received from a garage, livery yard, boats, and other things?
That question does not arise on the Amendment.
I am very anxious about this.
That does not arise here.
With all respect, this is a very important point which does arise on other matters before that which we have discussed this evening. I am extremely anxious to know from the right hon. Gentleman whether or not in his proposal the intention is simply to include what Happened under the hotel roof.
It really does not arise here at all.
What is the minimum in the case of the seasonal seaside hotels? Is it in no case to be less than £50?
It is a mistake to think that whether the receipts are less than one-third or more than one-third from liquor these places will have to pay £50. This only applies to ordinary public-houses which carry on a public-house business during the winter when the hotels are closed, and, consequently, the receipts from liquor are more than one-third. In the majority of hotels the receipts from liquor are far less than one-third. Hon. Members have drawn my attention to letters from constituents whose receipts from liquor are only one-sixth and who ask why should they pay a minimum duty of £50. In such cases the minimum duty will not be £50 but will be the minimum duty of one-third, or the minimum fixed in the scale according to valuation.
By how much will this concession reduce the estimate?
The number of cases is very small, and the amount will be very small.
There is this difficulty with regard to many seaside hotels and restaurants. During two or three summer months they do a large business and make a profit; during the rest of the year they have to keep open, but they lose money. I trust that consideration will be extended to these cases, and that they will not be penalised because they have to remain open during the winter months, when they do not make a profit.
Each case, of course, must be treated on its merits. It is impossible to lay down an absolute rule, but I should say that the vast majority of seaside hotels which remain open all through the year, even if they do a small business during part of the year, would be able easily to show that less than one-third of their receipts are from liquor. Of course, if a hotel is genuinely a hotel and is not merely a public-house, it would certainly be brought by the Commissioners within the scope of the Clause.
The Chancellor of the Duchy has several times used the word "receipts." Will that word, in comparison with the 33 per cent., include matters under the roof of the hotel and outside the hotel?
The receipts will be the receipts ordinarily belonging to an innkeeper's business—livery stables, boats by the riverside, and other means of bringing in receipts.
The explanations which the Chancellor of the Duchy has given will really be the means of greatly relieving the minds of many worthy hotel-keepers in out-of-the-way places in Scotland.
moved to amend the Amendment by adding after "seasons of the year," the words, "or mainly on the occasions of fairs or markets." My point is, in submitting this Amendment that there is no difference in principle between making a concession to seaside and other hotels who do a seasonal business, and making a concession to small struggling hotels which do their chief business on certain days. The hotels on behalf of which I speak are to be found in almost every constituency. I hope a similar concession will be made to them, and I feel a growing anxiety on the point in view of the concessions which have been made to other classes of hotels. I am afraid that in the kind of district which I represent still greater annoyance will be felt if they are refused a concession which is given to other hotels.
If this Amendment were accepted it would deprive the Revenue of a very large part of the income expected from the Licence Duties. If you take an hotel in a market town it may be doing some hotel business, and may have perhaps only two or three bedrooms for commercial travellers. Ninety per cent. of its receipts may be from liquor, and, if the Amendment were adopted, such places would escape altogether from the ordinary Public-house Duty, and come under the Hotel Duty, which is on an exceedingly low scale, with a very low minimum. It is obviously a provision which would go far beyond the oases for which it is intended, and the Government cannot possibly see their way to accept the Amendment
The right hon. Gentleman has entirely misjudged the Amendment, which refers to business done on fairs and market days. There is not a great number of market towns, and in the market towns with which I am acquainted there are only some two or three of these hotels. These are genuine hotels, and do a genuine hotel business for six days in the week. On the market day it is customary to have what is called a "market ordinary." A large number of persons attending the market go in to that ordinary, and when the business of the day is done, before departing by train or driving to their homes in the country, it is customary to meet in the bar and talk over the prices of the market and the gossip of the countryside. A considerable amount of trade is done on those occasions, which take place on one day in the week. Every other day those are quiet hotels, where drink is an inconsiderable factor. They come easily within any rational definition of hotels; but the business to which I have referred
Division No. 778.]
| AYES.
| [10.54 p.m.
|
| Anson, Sir William Reynell | Fiennes, Hon. Eustace | Magnus, Sir Philip |
| Anstruther-Gray, Major | Fletcher, J. S. | Nicholson, Wm. G. (Petersfield) |
| Arkwright, John Stanhope | Forster, Henry William | Pease, Herbert Pike (Darlington) |
| Ashley, W. W. | Gardner, Ernest | Randles, Sir John Scurrah |
| Balcarres, Lord | Gibbs, G. A. (Bristol, West) | Ratcliff, Major R. F. |
| Baldwin, Stanley | Haddock, George B. | Renton, Leslie |
| Banbury, Sir Frederick George | Hamilton, Marquess of | Ridsdale, E. A. |
| Banner, John S. Harmood- | Harrison-Broadley, H. B. | Roberts, S. (Sheffield, Ecclesall) |
| Bridgeman, W. Clive | Hay, Hon. Claude George | Rutherford, John (Lancashire) |
| Brotherton, Edward Allen | Helmsley, Viscount | Rutherford, Watson (Liverpool) |
| Bull, Sir William James | Hill, Sir Clement | Salter, Arthur clavell |
| Campbell, Rt. Hon. J. H. M. | Hills, J. W. | Smith, Abel H. (Hertford, East) |
| Carlile, E. Hildred | Hope, James Fitzalan (Sheffield) | Stanier, Beville |
| Chaplin, Rt. Hon. Henry | Kerry, Earl of | Stanley, Hon. Arthur (Ormskirk) |
| Clark, George Smith | Keswick, William | Starkey, John R. |
| Clyde, J. Avon | Kimber, Sir Henry | Talbot, Lord E. (Chichester) |
| Coates, Major E. F. (Lewisham) | King, Sir Henry Seymour (Hull) | Valentin, Viscount |
| Courthope, G. Loyd | Lambton, Hon. Frederick William | Walker, Col. W. H. (Lancashire) |
| Dickson, Rt. Hon. Charles Scott | Long, Col. Charles W. (Evesham) | Warde, Col. C. E. (Kent, Mid) |
| Douglas, Rt. Hon. A. Akers- | Long, Rt. Hon. Walter (Dublin, S.) | Wilson, A. Stanley (York, E.R.) |
| Faber, George Denison (York) | Lowe, Sir Francis William | Winterton, Earl |
| Faber, Capt. W. V. (Hants, W.) | Lyttelton, Rt. Hon. Alfred | |
| Fell, Arthur | MacCaw, Win. J. MacGeagh | TELLERS FOR THE AYES.—Mr. Gretton and Mr. Renwick |
| Fetherstonhaugh, Godfrey | M'Arthur, Charles |
NOES.
| ||
| Acland, Francis Dyke | Allen, Charles P. (Stroud) | Barker, Sir John |
| Adkins, W. Ryland D. | Ashton, Thomas Gair | Barnard, E. B. |
| Agar-Robartes, Hon. T. C. R. | Atherley-Jones, L. | Barnes, G. N. |
| Ainsworth, John Stirling | Balfour, Robert (Lanark) | Barran, Rowland Hirst |
| Allen, A. Acland (Christchurch) | Baring, Godfrey (Isle of Wight) | Beale, W. P. |
will probably, in the majority of cases, place them outside the scope of the definition in the Bill. They are quite respectable houses, where people who are visiting their friends can stay. It is a class of hotel that is well known, and for the right hon. Gentleman to say that this is going to make a serious inroad on the revenue is entirely to misrepresent the matter. I press on the Government that this is really a serious grievance, and that if they persist in the course indicated they will cause a vast amount of dissatisfaction.
On what figures does the right hon. Gentleman base the statement that this concession will cost an enormous amount of money to the revenue? When I asked him a similar question he said no calculation had been made, but I think it is quite evident a calculation must have been made when the rght hon. Gentleman ventures to say that this would cost an enormous sum. I ask why a calculation has been made in one case and not in another? I think I am entitled to this information, as on it would depend my vote. I would be largely influenced in the amount it would cost the Revenue.
Question put, "That those words be there inserted" (in the proposed Amendment).
The Committee divided: Ayes, 69; Noes, 202.
| Beaumont, Hon. Hubert | Hodge, John | Priestley, Sir W. E. B. (Bradford, E.) |
| Benn, Sir J. Williams (Devonport) | Holland, Sir William Henry | Rees, J. D. |
| Benn, W. (Tower Hamlets, St. Geo.) | Hope, John Deans (File, West) | Rendall, Athelstan |
| Berridge, T. H. D. | Horniman, Emslie John | Richards, T. F. (Wolverhampton, W.) |
| Birrell, Rt. Hon. Augustine | Howard, Hon. Geoffrey | Roberts, Charles H. (Lincoln) |
| Boulton, A. C. F. | Hyde, Clarendon G. | Roberts, G. H. (Norwich) |
| Bowerman, C. W. | Idris, T. H. W. | Robertson, Sir G. Scott. (Bradford) |
| Brigg, John | Illingworth, Percy H. | Robinson, S. |
| Brunner, J. F. L. (Lancs., Leigh) | Isaacs, Rufus Daniel | Robson, Sir William Snowdon |
| Brunner, Rt. Hon. Sir J. T. (Cheshire) | Jardine, Sir J. | Roch, Walter F. (Pembroke) |
| Burns, Rt. Hon. John | Jenkins, J. | Roe, Sir Thomas |
| Cawley, Sir Frederick | Jones, Leif (Appleby) | Rogers, F. E. Newman |
| Channing, Sir Francis Allston | Jones, William (Carnarvonshire) | Rose, Sir Charles Day |
| Clough, William | Kekewich, Sir George | Rowlands, J. |
| Clynes, J. R. | Kelley, George D. | Runciman, Rt. Hon. Walter |
| Cobbold, Felix Thornley | King, Alfred John (Knutsford) | Rutherford, V. H. (Brentford) |
| Collins, Stephen (Lambeth) | Laidlaw, Robert | Samuel, Rt. Hon. H. L. (Cleveland) |
| Collins, Sir Wm. J. (St. Pancras, W.) | Lamb, Edmund G. (Leominster) | Schwann, Sir C. E. (Manchester) |
| Compton-Rickett, Sir J. | Lamb, Ernest H. (Rochester) | Scott, A. H. (Ashton-under-Lyne) |
| Cooper, G. J. | Lamont, Norman | Seely, Colonel |
| Corbett, A. Cameron (Glasgow) | Layland-Barratt, Sir Francis | Shackleton, David James |
| Corbett, C. H. (Sussex, E. Grinstead) | Lehmann, R. C. | Shaw, Sir Charles E. (Stafford) |
| Corbett, T. L. (Down, North) | Lever, A. Levy (Essex, Harwich) | Sherwell, Arthur James |
| Cory, Sir Clifford John | Lever, W. H. (Cheshire, Wirral) | Shipman, Dr. John G. |
| Cotton, Sir H. J. S. | Levy, Sir Maurice | Silcock, Thomas Ball |
| Cowan, W. H. | Lewis, John Herbert | Simon, John Allsebrook |
| Crossley, William J. | Lloyd-George, Rt. Hon. David | Sloan, Thomas Henry |
| Davies, David (Montgomery Co.) | Lupton, Arnold | Stanley, Hon. A. Lyulph (Cheshire) |
| Davies, Ellis William (Eifion) | Lynch, H. B. | Steadman, W. C. |
| Davies, Sir W. Howell (Bristol, S.) | Macdonald, J. M. (Falkirk Burghs) | Stewart, Halley (Greenock) |
| Dickinson, W. H. (St. Pancras, N.) | Mackarness, Frederic C. | Strachey, Sir Edward |
| Duckworth, Sir James | M'Callum, John M. | Straus, B. S. (Mile End) |
| Duncan, J. Hastings, (York, Otley) | McKenna, Rt. Hon. Reginald | Summerbell, T. |
| Dunn, A. Edward (Camborne) | M'Laren, Sir C. B. (Leicester) | Taylor, Theodore C. (Radcliffe) |
| Dunne, Major E. Martin (Walsall) | M'Laren, H. D. (Stafford, W.) | Tennant, Sir Edward (Salisbury) |
| Edwards, A. Clement (Denblgh) | Manfield, Harry (Northants) | Tennant, H. J. (Berwickshire) |
| Elibank, Master of | Markham, Arthur Basil | Thomas, Abel (Carmarthen, E.) |
| Erskine, David C. | Marnham, F. J. | Thomasson, Franklin |
| Essex, R. W. | Mason, A. E. W. (Coventry) | Toulmin, George |
| Esslemont, George Birnie | Massie, J. | Ure, Rt. Hon. Alexander |
| Evans, Sir S. T. | Masterman, C. F. G. | Verney, F. W. |
| Everett, R. Lacey | Middlebrook, William | Vivian, Henry |
| Findlay, Alexander | Mond, A. | Walters, John Tudor |
| Fullerton, Hugh | Montgomery, H. G. | Ward, John (Stoke-upon-Trent) |
| Gill, A. H. | Morgan, G. Hay (Cornwall) | Ward, W. Dudley (Southampton) |
| Gladstone, Rt. Hon. Herbert John | Morgan, J. Lloyd (Carmarthen) | Warner, Thomas Courtenay T. |
| Glendinning, R. G. | Morrell, Philip | Wason, Rt. Hon. E. (Clackmannan) |
| Goddard, Sir Daniel Ford | Morse, L. L. | Wason, John Cathcart (Orkney) |
| Gooch, George Peabody (Bath) | Murray, Capt. Hon. A. C. (Kincard.) | Waterlow, D. S. |
| Greenwood, Hamar (York) | Myer, Horatio | Watt, Henry A. |
| Guest, Hon. Ivor Churchill | Napier, T. B. | Weir, James (Galloway) |
| Gulland, John W. | Nownes, F. (Notts, Bassetlaw) | White, J. Dundas (Dumbartonshire) |
| Harcourt, Rt. Hon. L. (Rossendale) | Nicholls, George | Wiles, Thomas |
| Harcourt, Robert V. (Montrose) | Nicholson, Charles N. (Doncaster) | Wilkie, Alexander |
| Hardie, J. Keir (Merthyr Tydvil) | Norman, Sir Henry | Williamson, Sir A. |
| Harmsworth, Cecil B. (Worcester) | Parker, James (Halifax) | Wills, Arthur Walters |
| Harmsworth, R. L. (Caithness-sh.) | Partington, Oswald | Wilson, Henry J. (York, W.R.) |
| Hedges, A. Paget | Paulton, James Mellor | Wilson, P. W. (St. Pancras, S.) |
| Helme, Norval Watson | Pearce, William (Limehouse) | Wilson, W. T. (Westhoughton) |
| Henderson, Arthur (Durham) | Philippe, Col. Ivor (Southampton) | |
| Henderson, J. McD. (Aberdeen, W.) | Philipps, Owen C. (Pembroke) | |
| Henry, Charles S. | Pointer, J. | TELLERS FOR THE NOES.—Captain |
| Hobart, Sir Robert | Pollard, Dr. G. H. | Norton and Mr. Whitley. |
| Hothouse, Rt. Hon. Charles E. H. | Ponsonby, Arthur A. W. H. |
moved to leave out the word "fifty" ["in such a case the minimum amount of duty payable shall be fifty pounds instead of two hundred and fifty pounds"], and to insert instead thereof the word "thirty-five." This would give the Government the chance of doing justice in another way to that suggested by the last Amendment.
As I said previously, in moving my Amendment, the Government will be very glad to take into consideration any cases that can be quoted in which hardship would be done. If it can be shown that there are any considerable or appreciable number of seasonal hotels coming within the purview of this paragraph of the Schedule, and that £50 Licence Duty is really too much, then the Government will consider the case, for they are very anxious not to cause any hardship in cases such as these. If the hon. Member will be good enough between now and the Report stage to communicate with me or lay before the Government any cases which he may have in his mind—or any from any hon. Member—those representations will be treated in a friendly spirit.
Amendment, by leave, withdrawn.
Original Amendment agreed to.
moved, in Scale 6 (Provisions Applicable to Retailers' On-Licences), at the end of paragraph 3 ["not be less than three hundred and fifty pounds"] to add the words:—
"And ( b) where the annual compensation value has not been certified, the licence shall be granted on a provisional payment of the minimum duty payable under this provision, or of one-fifth of the full duty, whichever is the higher, and, upon the annual compensation value being certified, the duty shall be adjusted by the return of any over-payment or by the recovery, as a debt to His Majesty, of any sum by which the amount paid falls short of the amount which is found to be payable."
The right hon. Gentleman used the words "these hotels." Dees this provision apply only to hotels?
I should have said hotels and public-houses.
Amendment agreed to.
Amendments made: In paragraph (4) after the word "proprietor" ["retailers on-licence granted to the proprietor of premises"] to insert the words "or occupier."
In paragraph (4), to leave out the words "to be" ["premises to be used only for"] and to insert instead thereof the words "adapted to be and bonâ fide."—[ Mr. Herbert Samuel.]
moved, in paragraph (4), after the word "namely" ["any of the following purposes, namely"] to insert the words "for judicial or public administrative purposes or."
Will my right hon. Friend say what are "administrative or public purposes "?
For instance, the Royal Courts of Justice in the Strand, unless we made this provision, would have to pay on half the annual value of the premises.
Amendment agreed to.
moved in paragraph (4) to leave out the words "or as railway refreshment rooms."
Does this mean each refreshment bar in a railway station? There are many railway stations where there are at least six refreshment bars. Is the £50 to be charged for each? The object of my inquiry is to point out that it is unfair that these bars should have to pay so much less a figure than the outside licensed houses with which they are in competition.
If there are a number of refreshment bars on one station, it will be treated as one licensed premises.
Amendment agreed to.
Further Amendments made: In paragraph (4), to leave out the words "in respect of the premises."—[ Mr. Herbert Samuel.]
In paragraph (4), to leave out the first word "be" ["in respect of the premises shall be fifty pounds"], and to insert instead thereof the words "in the case of a theatre, the annual value of which does not exceed two thousand pounds, be twenty pounds, and in any other case."—[ Mr. Herbert Samuel.]
moved in paragraph (4), to leave out the words "to persons bonâ fide using the premises" ["and to persons bonâ fide using the premises, for the said purposes."]
Those are words which cannot be properly applied to a railway refreshment room because it is impossible to enforce the provision that they should be persons bonâ fide using the premises for railway purposes. We shall move to omit those words, and we shall make an addition to bring railway refreshment rooms in again without those words being applied to them. The words bonâ fide using the premises" are applicable to theatres, music halls, public gardens, picture galleries or exhibitions.
How can you tell whether a person is bonâ fide using a picture gallery? I think in this case the words are uncalled for and cannot be enforced.
The words are inserted merely to prevent evasion, and to stop a public-house trying to pass, itself off as a picture gallery. A bogus picture gallery might be established for the sale of liquor, the public being admitted really for the sale of liquid refreshment.
I hope we shall have some explanation of what is meant by "private entertainment" in this Subsection.
There is nothing penal in this Clause whatever.
It is quite clear, if a man sells intoxicating liquor without a licence, he contravenes the law and is subject to prosecution.
All I say is that, as the Clause stands, it is not a penal Clause.
These words are taken from the Licensing Act, 1904, under which places of public and private entertainment, picture galleries, etc., are entitled to a reduction in the compensation levy charged upon them. There has been no trouble in interpreting this Act in deciding which places are entitled to the lower charge, and there will be no difficulty in applying the same words in respect of licence duties.
Question, "That those words stand part of the Bill," put, and agreed to.
moved at the end of paragraph (4) [condition attached to theatre licence] to insert the words, "The maximum amount of duty payable in respect of a retailer's on-licence granted to the proprietor or occupier of premises adapted to be and bonâ fide used as refreshment rooms at a railway station shall be fifty pounds."
If I read the Amendment correctly, it is that £50 shall be payable in respect of every railway refreshment room. It seems to me that, as regards Irish railway refreshment rooms, that is excessive.
That is the maximum.
Question, "That those words be there inserted," put, and agreed to.
moved, at the end of the words last added, to insert the following new paragraph:—
( Provisions as to Duty Where Premises Include a Place of Public Entertainment.)
Where any premises include a music hall or other similar place of public entertainment (hereinafter referred to as a place of entertainment), a retailer's on-licene may be granted, at the option of the licence holder, on payment of a duty of fifty pounds, together with such sum as would be payable as duty under this Act on the part of the premises not used as the place of entertainment if that part were a separate set of premises, but it shall be a condition of any such licence that intoxicating liquor is not sold under the licence in the place of entertainment except whilst that place is open and being used, and to persons bonâ fide using that place, as a place of entertainment."
This is another Amendment moved to meet exceptional cases of hardship. It would not be just if music halls, which have public-house bars as part of the same premises, were charged on half the rateable value of the entire premises, and, consequently, we make a provision to enable music halls to pay as music halls holding licences and as a public-house bar in respect of so much of the premises as are used for that purpose.
Question, "That those words be there inserted," put, and agreed to.
moved, in Scale 6—(Provisions Applicable to Retailers' Off-Licences)—at the end of paragraph (1) [Restriction to sale off] to insert the words, "And a person holding a retailer's off-licence must not supply gratuitously or otherwise any intoxicating liquor for consumption on the licensed premises." In the north of Ireland, particularly Belfast, we find that abuse is very prevalent of drinking on "off" licensed premises, and the police have been unable to obtain convictions because it is alleged that the drinks are supplied gratuitously.
I submit that this Amendment is not in Order: it is an attempt to regulate the publican's conduct of his business.
It does not refer to the publican. It is the off-licence holder. We find in the City of Belfast—
I think the criticism of the hon. and learned Member for North Louth is perfectly legitimate, and that the Amendment is not in Order.
I have on the Paper an Amendment to omit from the Provisions applicable to Retailers' Off-Licences, paragraph (2), after "open vessels," the words "or in any quantity less than one reputed quart bottle." I desire to know what is the Government proposal on this point. I take it, that so far as Scotland and Ireland are concerned, there is to be no limitation of the quantity hitherto sold, but that in future it must be sold in sealed bottles.
The Government proposal is to leave out the words mentioned by the hon. Member and to insert instead thereof the words "in England." I understand the hon. Member does not wish to raise the question of the "small bottle" in Scotland.
If the Government Amendment will complete the matter I am content, but the words "in England" might be out-voted, and then the Clause would stand as it is.
The hon. Member must take the risk of that.
I had better move the Amendment to omit from paragraph (2) of the "Provisions Applicable to Retailers' Off-Licences" the words "or if any quantity less than one reputed quart bottle."
I think it very desirable that the Government should give some explanation of this Clause and their Amendments to it. In spite of a good many exhortations from different quarters, and in spite of a great many observations, which have been made with much force, as to the sale of small measures of spirits producing secret drinking, especially among women, so far as I can judge, the effect of the Government Amendment is to preserve the status quo exactly with regard to sales by ordinary licences, plus the purely illusory provision in regard to the sealing of the quantities in Scotland. It is now urged that the existing provisions with regard to the sale of noggins in Scotland are preserved. We have only, what I have said is a purely illusory provision, that these noggins must be sealed. After a great show has been made of dealing with the temperance question by this Clause an absolute abdication has been made by the Government, and the temperance party are asked to seal down their consciences in the same way as the noggins are to be sealed down.
The Government really have a part in this matter, as to which I invite an explanation from the Chancellor of the Exchequer. To thoroughly appreciate the courageous policy taken by the Government in this matter we must go back to the negotiations which took place, a matter of public notoriety, between the licensed grocers and the Government. The public were led to believe that an arrangement had been made by which uniformity between the two classes could be secured. The Scotch grocer was not to have liberty to sell under half a pint, and the reputed quart, which is the present limit of the English grocer, was to be reduced to a similar amount. That was the arrangement which everybody believed had been entered into, and had been actually consummated as between the English grocer and the Government. A pretence was made that uniformity, which I think the Chancellor of the Exchequer said he desired to aim at, had been secured in the matter. Not merely do I understand that that settlement was believed by the grocers to have been absolutely arranged, but actual transfers have taken place on the supposition that the arrangement was complete. The upshot of those negotiations and that arrangement was that a Government Amendment was placed upon the Order Paper of this House on Friday, 27th August, embodying the arrangement to which I have referred, and it was not taken off the Paper until the following Wednesday. At the time it was taken off, I will not say an official statement was made, but a very authoritative statement was made to the effect that that Amendment had been placed upon the Order Paper of the House by error or inadvertence of the Government draftsman. That was stated in the public Press. From September 1st to September 9th the Government draftsman lay under the imputation that it was by his inadvertence that this extraordinary Amendment had been placed upon the Order Paper, and there was no statement volunteered by the Government that it was not the Government draftman's mistake. But on September 9th questions were addressed to the Chancellor of the Exchequer with regard to this matter, and then for the first time, and as the result of those questions, the Government draftsman was exonerated by the right hon. Gentleman, who said he accepted the full responsibility for placing the Amendment on the Paper. That statement is really a formula which conveyed to me that the Chancellor of the Exchequer had nothing to do with the mistake, but that someone else had, and that he accepted the responsibility for it. I think we ought to know whose mistake this was. I do not really believe for a moment that it was the fault of anyone in the Government draftsman's office, or of the Government draftsman himself, and I have every reason to believe that there was no permanent official who was responsible for this mistake. If it was a mistake the Committee is entitled to know whose mistake it was. I do not think it is right that the Order Paper should be used as a kind of trial advertisement as to how much the temperance party will stand. It really ought not to be used, as it were, as a test tube to ascertain the digestive powers of the temperance party, and it looks very much as if that were the case. I am quite aware that the Chancellor of the Exchequer has said this was a matter of inadvertence, but was it an inadvertence which was a clerical mistake, or was it the inadvertence of a Minister desirous to ascertain what was the feeling of the temperance party in regard to the matter. I do not easily suspect, but I confess this transaction appears to me to be of a slightly suspicious character. First the Amendment is placed on the Paper after these elaborate negotiations; secondly, that it remains there from Friday to Wednesday; and, thirdly, a public announcement is made that it was the fault of the Government draftsman, one of the most indefatigible, able, and loyal servants of the Government. I do not think, if the right hon. Gentleman will allow me to say so, it is creditable that this Government, above all Governments, should have allowed such an imputation to rest on the Government draftsman for one day, let alone several days, because no Government ever owed more to, or laid such heavy duties upon their draftsman. I do not know how many abortive Bills he has had to prepare for the Government.Not so many as for your Government.
There have been three or four abortive Bills, but I do not wish to go beyond this Budget alone. Not until eight or nine days had elapsed was this imputation removed from the draftsman, and I really think it is due to the Government themselves that they should explain, with frankness to the House, what was the real source of this alleged inadvertence, and whether it is not to be ascribed to causes which I have ventured to indicate.
The right hon. Gentleman opposite (Mr. Lyttelton), I must say, has not given us very much assistance in the examination of this Budget, but he has made up for the rareness of his appearances in Debate by the gross violence of his language when he has intervened. If he really wants to challenge our proposal he has plenty of opportunity for doing so, but instead of discussing the merits of the proposal before the Committee, he enters into an elaborate examination of a problem of not very much importance, I can assure him, and he sets up all sorts of conjectures which are purely figments of his own imagination, and he suggests that a frank explanation should be given to the House. The right hon. Gentleman had great experience in the late Government, and I suppose he desires me to give what he was accustomed to give, an open, frank, and straightforward answer. I shall give a perfectly straight, frank answer to the question which he has put to me. When the right hon. Gentleman suggests that imputations were made against the Government draftsman, he is making a statement which is absolutely without warrant, a statement which he has no right to make, and one which he ought either to prove or withdraw.
The imputations against the Government draftsman appeared in papers supporting the right hon. Gentleman. No imputations against the Government draftsman appeared, as far as I know, in any papers supporting the Government; and the very first opportunity which I had of making an explanation I volunteered the statement that the Government draftsman had not the slightest responsibility for it at all; I had seen it stated in Opposition papers that he had. I go beyond that. I say, then, whatever responsibility there was was entirely mine. I still say it. It is open to the right hon. Gentleman to censure me, to find fault with me; but at any rate I still say the responsibility, as Minister in charge of the Bill, was entirely mine. What really happened was: there were negotiations—the right hon. Gentleman is perfectly accurate there—conducted as far as I can recollect with the officials of the party. There was no arrangement. Otherwise, if there was an arrangement with the grocers it was an arrangement with the English grocers, and not with the Scotch grocers, and the Scotch grocers repudiated the idea that there was an arrangement. It was an arrangement, according to the right hon. Gentleman, that reduced the quantity that could be sold by the English grocers, but increased the limitation upon the Scotch grocer. Does he say that the Scotch grocers were under the impression that there was an arrangement? On the contrary; they repudiated it. There was a discussion upon it between the officials and the grocers—Scotch and English—and I believe the Irish as well.Did they get a promise?
There was absolutely no promise.
The hon. and learned Member for Waterford (Mr. John Redmond) who is not here now, stated to-night that so far back as the month of July they had got a promise on this matter of the small complement.
He did not say so. He said a wholly different thing.
Before the right hon. Gentleman gets up and contradicts he ought to know that the transaction that was referred to by the hon. and learned Gentleman (Mr. John Redmond) is a totally different one. This is purely a negotiation between the representatives of the Scotch, English and Irish grocers and officials, and the whole question is whether there was an arrangement entered into between the officials about the pint bottle. That is the whole point. That is not the matter referred to by the hon. and learned Gentleman. He was referring to a deputation upstairs.
And I said so.
Does the right hon. Gentleman see now how irrelevant his interruption was? It will show the Committee how hopeless it is to pursue the subject with him. I think I have been in the habit of treating the House pretty frankly, and I am not going to depart from it on the present occasion. Negotiations were entered into between the grocers and the officials. This suggestion was put forward by the officials as a basis of arrangement. They were under the impression that all the grocers agreed to it. The Scotch grocers said they did not agree to it, and this draft Amendment was put down in my absence from town, when I was away on a Friday night, under the impression that it, had been approved of. That is the whole story. I never saw it until I saw it in the paper. When I came back on the Monday morning I instantly put myself into communication with the draftsman and with the officials, and made it perfectly clear that there was no approval on the part of the Government, and it was a mistake; and I took the very first step to take it off the Paper that night and not on Wednesday. That is the whole story from the beginning to the end. The right hon. Gentleman may deny it. Does he dispute that?
I asked you to put it down.
It was put down by the Government draftsman.
Earl WINTERTON: By whose authority?I have told the hon. Gentleman that it was put down by the draftsman under the impression that it was approved. [An HON. MEMBER: "No."] The hon. Member challenges that. Very well, he can do as he pleases. I tell him frankly it will make no difference to me whether he believes it or not, though it may make a difference to him. That is the whole story. The Amendment was put down without the knowledge of the Minister, under the impression that it had been approved, but the Government draftsman, under the misapprehension that the Minister had approved it, took his instructions from the officials, and it was the only amendment put down that night. There were several Amendments, and I had gone through all the other Amendments except that one. That was put down afterwards, under the impression that the Minister had approved it, and on the very first opportunity it was taken off the Paper. The right hon. Gentleman suggests that some sort of kite had been flown to see what would be agreed to. There is not a word of substance in that suggestion. I have now given him the whole of the facts. With regard to the merits, I regret that it is impossible to establish uniformity. I think it would have been exceedingly desirable, but it was found impossible owing to the pressure in the three countries. There was resistance in England to the reduction, and resistance in Ireland and Scotland to an increase, and under the circumstances it was impossible to establish uniformity, though it was desirable. I agree that the grocers were under the impression that there was no limitation at all, but that has nothing to do with the negotiations referred to by the right hon. Gentleman. They were under the impression that a pledge of that kind was given to the deputation. I do not agree. But it does not matter. The mere fact that there should have been an impression of that kind makes it of the utmost possible importance that there should not be the slightest doubt that a pledge had not been given. The right hon. Gentleman has not thought fit to examine the proposal on its merits; he simply entered into an elaborate examination of this suspicion which has no foundation in fact. I have given the Committee the whole of the facts, and I take upon myself the whole responsbility as Minister, but I think it is due to the Committee that they should know every circumstance and every fact.
The Committee will judge whether the opening observations of the right hon. Gentleman were well founded or not. If he believes that my intervention in the Budget discussion has been grossly violent, I am perfectly willing to leave him in that opinion, which I am certain will not be shared by the House. Of course, I accept the word of the right hon. Gentleman. He has now made to us a full statement. I do not, for a moment, regret the speech that I made, because it must have been perfectly well-known to the right hon. Gentleman upon September 9th, a good many days after this general misapprehension existed upon this matter, and he had the fullest opportunity, as the OFFICIAL REPORT will show, of making the full explanation that he has made to-day. He did not give that full explanation, and it was only right those upon this side of the House, who have a right to criticise such a thing as this, and not only to criticise it, but that they should take the opportunity of asking for a full disclosure of the whole matter. That he was then challenged to do by my hon. Friend behind me, and which he abstained from doing. He was asked how this mistake arose, and he gave no reply to that at all. That was a question which the House of Commons and its Members had a right to put and which ought to have been answered there, and it ought not to have been left to this later stage of the Bill to elicit this information. We have now elicited it in its fullness. I accept it, but when the right hon. Gentleman or his friends ask me to withdraw anything I have said, I am not aware there is anything to withdraw at all. I stated these were suspicions, and suspicions which naturally and justly arose owing to the conduct of the right hon. Gentleman, and owing to the answer he gave. I regret he did not give the answer more fully. I fully accept it now that it is done, but when I am asked whether I regret the action I have taken, I say I have no regret whatever.
I have no intention of following both sides in this unfortunate misunderstanding that has arisen. Let me say, that if the Government have been understood to make a promise to the Scotch grocers, I suppose they will be bound to carry that promise out. Neither am I going to prejudge the case which I gather is to be put later on, by the hon. Member for West Belfast, for Ireland. There may be special circumstances in regard to Ireland which will justify some alteration in the Bill. If the hon. Member for West Aberdeenshire (Mr. J. M. Henderson) puts this to a division, I shall be compelled to vote against him, and I should like to say why. I believe the purport of this Amendment is to-enable Scotch grocers to sell in less quantities than one-fourth. I am quite well aware that the Bill will make an alteration in the Scottish practice so far as grocers are concerned. For my part, speaking of the matter on its merits, I shall vote for that Amendment—that is, I am going to vote for the Bill as it stands. I believe that the grocers' shops in Scotland that sell intoxicating liquors have been the centre of demoralisation so far as the Scotish workmen's wives are concerned, and for my part, having the opportunity to vote for the alteration in the law, I think I would be wanting in my duty did I not avail myself of the opportunity. It is said by some I know in favour of retaining the old practice that if the women are prevented from going to the grocers to get small quantities of liquor that the women will simply go to the public-house which may be next door.
Personally, I think that that is much overstated, because in Scotland public opinion is very much against women going into public-houses, and there is a social stigma attaching to women who do so. Therefore, I believe, that if grocers in Scotland were prohibited from selling in the small quantities they are now allowed to sell it would be an invaluable measure of temperance reform? Inasmuch as I am interested in temperance reform, and in removing a temptation which has often been availed of by women to their own detriment and the demoralisation of their homes, I should be wanting in my duty did I not, as a representative workman from Scotland, vote in favour of a Bill which would remove that temptation.I should like to endorse what the hon. Member has just said in reference to Scotland. I speak on behalf, not only of myself, but of the great majority of Scottish Liberal members, when I say that we regret extremely that there has not been some limitation put in this Bill in reference to the small quantities sold by grocers. Somehow or other the licensed grocers in Scotland thought a pledge had been given them by the Chancellor of the Exchequer. I do not believe any such pledge was given, because one of the grocers who attended the deputation told me, in the presence of another Member of this House, that he could not gather from anything the right hon. Gentleman had said that he had given any such pledge. While a great deal of disappointment has been created amongst temperance people in Scotland that some limitation has not been placed on the selling of very small quantities, we recognise that, this impression having gone abroad, it was better for the Chancellor of the Exchequer to give way this time. We still retain our opinion that the selling of small quantities by grocers is an unmitigated evil, and the first opportunity we get we shall press for its removal.
12.0 P.M.
As I understand, the English off-licence holders never pressed for quarter-bottles; they asked for half-bottles. A meeting was held towards the end of June, and an arrangement was drawn up on paper in the office of the Solicitor to the Inland Revenue. That agreement, in order, as I understand, to satisfy all parties, provided amongst other things that spirits might be sold in bottles containing a quarter of a reputed quart. That agreement, arranged between the representatives of the off-licence holders of England, Scotland, and Ireland, was in existence, typewritten, and in possession of those gentlemen from the end of June till the end of August without anybody raising a voice against it, and all that time the representatives of the English off-licence holders understood that that was an agreement which was come to between themselves and a Treasury official, and the Scottish and Irish representatives. The Chancellor of the Exchequer told us that the Scottish and Irish representatives did not agree to the quart bottle. May I ask the right hon. Gentleman this plain question: How is it if this memorandum; was drawn up on Treasury paper that the Scottish and Irish representatives of the off-licence holders never put forward any protest to it between the time at which it was drawn up and the end of August? There is only one other point I shall raise. I cannot see that it was any excuse whatever, if it were the fact—and the allegation was made or hinted at about that time by the morning papers that support the Government—that this mistake was due to a Government draftsman. It makes no difference whatever to my mind, but I wish to correct the Chancellor on that point.
A great deal of irrelevant matter has been brought forward on this Amendment. This Amendment has been down for months, and we are discussing it now! The only hon. Member that I am called upon to answer is the Member for the Blackfriars Division of Glasgow (Mr. George Barnes). What is the whole case? The first grocers' licence was granted in England in I860, The Scottish grocers' licence goes back as far as the days of Mary Queen of Scots. When you talk about temperance reform, I say I am as strong a temperance advocate as my hon. Friend opposite. But he has got to convince me—and I have never yet heard an argument put forward that did convince me—that a man—or a woman—is more likely to get drunk upon one glass of whisky rather than upon a quart bottle. There is another element in it which is apt to be overlooked. It is very necessary in districts in Scotland, especially in districts of my own Constituency, that small quantities of brandy should be allowed to be sold. Brandy is not used for ordinary drinking, it is used medicinally. Anyone taken ill on a Sunday in Scotland must get the local medical authority's certificate before they can get any brandy. An ordinary medical man's certificate would not do, and doctors in my Constituency have over and over again complained of this, and the Lord Advocate has promised to have it amended if he could. In Scotland they have been accustomed, from time immemorial, to sell liquor in small quantities. I do not believe that small quantities produce drunkenness. I know the stories about the gill and half-gills being taken round corners for consumption. Of course, drink, wherever it is found, will be abused, but I am perfectly satisfied that it is more for the interest of the community that people should openly go into the grocers for what they want and take it home than that they should be forced into the public-house for small quantities. There is another reason why this Amendment should be adopted. These grocers' licences are going to pay more by a considerable
Division No. 779.]
| AYES.
| [12.10 a.m.
|
| Abraham, William (Cork, N.E.) | Flynn, James Christopher | Marnham, F. J. |
| Acland, Francis Dyke | Gladstone, Rt. Hon. Herbert John | Mason, A. E. W. (Coventry) |
| Ainsworth, John Stirling | Goddard, Sir Daniel Ford | Massie, J. |
| Allen, A. Acland (Christchurch) | Greenwood, G. (Peterborough) | Masterman, C. F. G. |
| Allen, Charles P. (Stroud) | Gulland, John W. | Middlebrook, William |
| Ambrose, Robert | Gwynn, Stephen Lucius | Montgomery, H. G. |
| Ashton, Thomas Gair | Harcourt, Rt. Hon. L. (Rossendale) | Mooney, J. J. |
| Balfour, Robert (Lanark) | Harcourt, Robert V. (Montrose) | Morgan, G. Hay (Cornwall) |
| Baring, Godfrey (Isle of Wight) | Harmsworth, R. L. (Caithness-shire) | Morgan, J. Lloyd (Carmarthen) |
| Barker, Sir John | Healy, T. M. (Louth, North) | Morrell, Philip |
| Barnard, E. B. | Hedges, A. Paget | Morse, L. L. |
| Barran, Rowland Hirst (Leeds, N.) | Helme, Norval Watson | Muldoon, John |
| Barry, Redmond J. (Tyrone, N.) | Henderson, J. M. (Aberdeen, W.) | Murnaghan, George |
| Benn, Sir J. Williams (Devonport) | Henry, Charles S. | Murphy, John |
| Benn, W. (Tower Hamlets, St. Geo.) | Higham, John Sharp | Murray, Capt. Hon. A. C. (Kincard.) |
| Berridge, T. H. D. | Hobart, Sir Robert | Nannetti, Joseph P. |
| Birrell, Rt. Hon. Augustine | Hobhouse, Rt. Hon. Charles E. H. | Nicholls, George |
| Boland, John | Hogan, Michael | Nolan, Joseph |
| Boulton, A. C. F. | Horniman, Emslie John | Norman, Sir Henry |
| Brigg, John | Hyde, Clarendon | Nugent, Sir Walter Richard |
| Brunner, J. F. L. (Lancs., Leigh) | Illingworth, Percy H. | O'Brien, Kendal (Tipperary, Mid) |
| Brunner, Rt. Hon. Sir J. T. (Cheshire) | Isaacs, Rufus Daniel | O'Brien, Patrick (Kilkenny) |
| Burke, E. Haviland- | Jardine, Sir J. | O'Connor, T. P. (Liverpool) |
| Burns, Rt. Hon. John | Jenkins, J. | O'Kelly, Conor (Mayo, N.) |
| Carr-Gomm, H. W. | Jones, William (Carnarvonshire) | O'Kelly, James (Roscommon, N.) |
| Cawley, Sir Frederick | Joyce, Michael | Parker, James (Halifax) |
| Clough, William | Kavanagh, Walter M. | Partington, Oswald |
| Collins, Sir Wm. J. (St. Pancras, W.) | Keating, Matthew | Pearce, Robert (Staffs, Leek) |
| Corbett, C. H. (Sussex, E. Grinstead) | King, Alfred John (Knutsford) | Pearce, William (Limehouse) |
| Cotton, Sir H. J. S. | Layland-Barratt, Sir Francis | Pearson, Sir W. D. (Colchester) |
| Cowan, W. H. | Lehmann, R. C | Philipps, Col. Ivor (Southampton) |
| Crean, Eugene | Lever, A. Levy (Essex, Harwich) | Philipps, Owen C. (Pembroke) |
| Crossley, William J. | Lever, W. H. (Cheshire, Wirral) | Philipps, John (Longford, S.) |
| Cullinan, J. | Levy, Sir Maurice | Pointer, Joseph |
| Davies, Ellis William (Eifion) | Lewis, John Herbert | Pollard, Dr. |
| Devlin, Joseph | Lloyd-George, Rt. Hon. David | Ponsonby, Arthur A. W. H. |
| Dickson, Rt. Hon. Charles Scott | Lough, Rt. Hon. Thomas | Power, Patrick Joseph |
| Dillon, John | Lundon, Thomas | Priestley, Sir W. E. B. (Bradford, E.) |
| Duckworth, Sir James | Lupton, Arnold | Reddy, M. |
| Duncan, J. H. (York, Otley) | Lynch, Arthur Alfred (Clare, W.) | Redmond, John E. (Waterford) |
| Dunne, Major E. Martin (Walsall) | Macdonald, J. M. (Falkirk Burghs) | Redmond, William (Clare) |
| Elibank, Master of | Mackarness, Frederic C. | Rendall, Athelstan |
| Erskine, David C. | Macnamara, Dr. Thomas J. | Ridsdale, E. A. |
| Essex, R. W. | MacNeill, John Gordon Swift | Roberts, G. H. (Norwich) |
| Evans, Sir Samuel T. | MacVeagh, Jeremiah (Down, S.) | Robertson, Sir G. Scott (Bradford) |
| Fetherstonhaugh, Godfrey | MacVeigh, Charles (Donegal, E.) | Robertson, J. M. (Tyneside) |
| Ffrench, Peter | M'Laren, Rt. Hon. Sir C. B. (Lelces.) | Robinson, S. |
| Fiennes, Hon. Eustace | Manfield, Harry (Northants) | Roch, Walter F. (Pembroke) |
| Flavin, Michael Joseph | Markham, Arthur Basil | Roe, Sir Thomas |
amount than the publicans pay. Those under £10 will have to pay £15; the publican will have to pay £5. The grocer of £20 will have to pay £16 10s. as against the publican's £10. A very large number of grocers in my Constituency will have to pay £20 as against the publican's £15. If you are going to heavily increase the duties on these shopkeepers, I think it would be very cruel to cut away their trade at the other end. I hope the Committee will accept my Amendment, which will not hurt the temperance cause while it will do justice to these people.
Amendment negatived.
moved, in the same paragraph, after the word "or" ["may not sell spirits in open vessels or"], to insert the words "in England."
The Committee divided: Ayes, 182; Noes, 67.
| Rogers, F. E. Newman | Straus, B. S. (Mile End) | Wason, Rt. Hon. E. (Clackmannan) |
| Rose, Sir Charles Day | Summerbell, T. | Wason, John Cathcart (Orkney) |
| Rowlands, J. | Taylor, Theodore C. (Radcliffe) | Watt, Henry A. |
| Samuel, Rt. Hon. H. L. (Cleveland) | Tennant, Sir Edward (Salisbury) | Wiles, Thomas |
| Scott, A. H. (Ashton-under-Lyne) | Tennant, H. J. (Berwickshire) | Wilkie, Alexander |
| Seely, Colonel | Thomas, Abel (Carmarthen, E.) | Williamson, Sir Archibald |
| Shaw, Sir Charles Edward | Thomasson, Franklin | Wills, Arthur Walters |
| Sherwell, Arthur James | Toulmin, George | Wilson, P. W. (St. Pancras, S.) |
| Silcock, Thomas Ball | Ure, Rt. Hon. Alexander | Wilson, W. T. (Westhoughton) |
| Simon, John Allsebrook | Verney, F. W. | |
| Smyth, Thomas F. (Leitrim, S.) | Vivian, Henry | TELLERS FOR THE AYES.—Captain |
| Stanley, Hon. A. Lyulph (Chesh.) | Ward, W. Dudley (Southampton) | Norton and Mr. Whitley. |
| Strachey, Sir Edward | Warner, Thomas Courtenay T. |
NOES.
| ||
| Anson, Sir William Reynell | Gardner, Ernest | MacCaw, William J. MacGeagrh |
| Arkwright, John Stanhope | Gibbs, G. A. (Bristol, West) | Nicholson, Wm. G. (Petersfield) |
| Ashley, W. W. | Gill, A. H. | Paulton, James Mellor |
| Banbury, Sir Frederick George | Glendinning, R. G. | Randles, Sir John Scurrah |
| Banner, John S. Harmood- | Haddock, George B. | Ratcliff, Major R. F. |
| Bowerman, C. W. | Hamilton, Marquess of | Richards, T. F. (Wolverhampton) |
| Brotherton, Edward Allen | Hardie, J. Keir (Merthyr Tydvil) | Roberts, Charles H. (Lincoln) |
| Bull, Sir William James | Harrison-Broadley, H. B. | Rutherford, V. H. (Brentford) |
| Campbell, Rt. Hon. J. H. M. | Hay, Hon. Claude George | Rutherford, Watson (Liverpool) |
| Channing, Sir Francis Allston | Henderson, Arthur (Durham) | Schwann, Sir C. E. (Manchester) |
| Clark, George Smith | Hill, Sir Clement | Seddon, J. |
| Clynes, J. R. | Hodge, John | Shackleton, David James |
| Collins, Stephen (Lambeth) | Hope, John Deans (File, West) | Stanley, Hon. Arthur (Ormskirk) |
| Cooper, G. J. | Howard, Hon. Geoffrey | Talbot, Lord E. (Chichester) |
| Corbett, A. Cameron (Glasgow) | Jones, Leif (Appleby) | Walters, John Tudor |
| Courthope, G. Loyd | Kelley, George D. | Ward, John (Stoke-upon-Trent) |
| Dickinson, W. H. (St. Pancras, N.) | Kerry, Earl of | Warde, Col. C. E. (Kent, Mid) |
| Douglas, Rt. Hon. A. Akers- | Keswick, William | White, J. Dundas (Dumbartonshire) |
| Dunn, A. Edward (Camborne) | King, Sir Henry Seymour (Hull) | Wilson, Henry J. (York, W.R.) |
| Everett, R. Lacey | Laidlaw, Robert | |
| Fetherstonhaugh, Godfrey | Lamb, Edmund G. (Leominster) | |
| Findlay, Alexander | Long, Col. Charles W. (Evesham) | TELLERS FOR THE NOES.—Mr. Lamont and Mr. Barnes. |
| Fletcher, J. S. | Long, Rt. Hon. Walter (Dublin, S.) | |
| Fullerton, Hugh | Lyttelton, Rt. Hon. Alfred | |
moved after the word "or" ["may not sell wine in open vessels or "], to insert the words, "in England or Ireland."
I wish to ask a question on a matter on which there is some uncertainty. I understand this is a limitation on total quantities, and the grocer is at liberty to sell spirits or wine in such vessels or in such quantities as he pleases, providing the total sale to one person at one time does not exceed the amount in a quart bottle in the case of spirits, or a pint bottle in the case of wine. I understand the Excise officers have in some cases expressed another opinion.
Yes, the hon. Gentleman is correct in his assumption.
Amendment agreed to.
Provisions Applicable to Railway Restaurant Car Licences.
A railway restaurant car licence granted in respect of a car authorises the sale by retail to passengers on the car of any intoxicating
liquor for consumption on the car.
moved to insert:
In 1880 Mr. Gladstone proposed an Amendment something like this, but it was not carried.
Question, "That those words be there inserted," put, and agreed to.
moved, in paragraph (2) after the word "car" ["in respect of a car"] to insert the words "in which passengers are supplied with meals."
I attach real importance in reference to two points affecting railway cars. As the Solicitor-General has explained, the sale of intoxicants on these cars is at present—generally—illegal. There is a pretence of complying with the law which takes what we regard as the objectionable form of touting for orders for drink, and perhaps when the custom is legalised that practice may be dropped. The words used in this provision—applicable to railway restaurant car licences—really go beyond what the Solicitor-General has said, for it legalises more than the custom of supplying drink in restaurant cars with meals. Personally, I do not wish to protest against that practice, though at the same time—by reason of the absence of a protest—I do not wish to be bound to the opinion that these licences ought to be granted without control. I think the proper form of control would have been the Licensing Commission proposed to be set up in last year's Bill. I restrict myself, therefore, to this point about meals. I think one might easily get, under the form of words now proposed, a new custom started—viz., having mere drinking bars on wheels attached to these cars. The words would, I think, quite cover that, unless you introduce safeguards, and if such a custom were once started it might be found to be too late to protest against it. Hon. Members may say, "trust the railway company," but these companies have been breaking the law quite deliberately for the last 30 years. Only the other day when travelling on the Great Eastern I saw small bottles of spirits and wine hawked down the platform in an illegal way. It may be, or it may not be, a very desirable thing to do, but it is illegal, and when I am advised to trust the railway companies in this matter, I say at once I am not prepared to do so. I ask the Government to safeguard it in this way. The Amendment which I now move would secure that these cars should be restaurant cars, really supplying meals, which might be accompanied with drink. It would not make it impossible for a man to get a drink without meals. This would only mean that the existing restaurant cars would be continued. I hope the Government will accept those words, which will make the meaning clear.
I think it is a little hard upon the railway companies to say that they have openly broken the law for the last twenty or thirty years. My hon. Friend mentioned the matter of control, but it would be very difficult indeed to fix upon a particular body which ought to control the licence. A railway car travels 300 or 400 or 500 miles, as the case may be, and goes through the jurisdiction of a very large number of licensing justices. The Amendment which I propose is to allow the Excise authorities to give a licence to restaurant cars, and my hon. Friend's Amendment does hardly more than give some sort of definition as to what a, restaurant car is. I entirely agree that it would be undesirable to have drink hawked from parish to parish. So far as this is a definition of restaurant cars, I do not object to it with the limitation that after the words "restaurant car" there should be inserted "in which passengers can be supplied with meals." My hon. Friend's Amendment might be construed to mean that you would really have to take a meal in the car, whereas, what I propose, is to define a restaurant car in which passengers can be supplied with meals if desired.
I think it is very undesirable to extend the law in this way. Take the case of Dublin. The Dublin Railway Company can get a licence cheaper than the ordinary publican. As I previously pointed out, the ordinary publican in Dublin has, in addition, to pay a 10s. Licence Duty to the State. I remember Mr. Gladstone proposing this in the Budget of 1880, and I remember the hon. Gentleman (Mr. T. W. Russell) distinctly canvassing the Irish Members against this proposal, and the result was that it was dropped. Seeing that the proposition to take 10s. off the Dublin publican has been so poorly met by the Government, I do not see why we should give a railway company for £1 the right to keep a travelling drinking shop.
If the Amendment is inserted, a man going for a long journey who may have dined before he got into the train, and who desires a smoke and a brandy and soda before he goes to the sleeping car will be unable to get it unless he goes into the restaurant car. There might not be a seat in the restaurant car, and although if he stood in the car he might get a drink, he could not have it if he sat in the next car to it. Then there might not be a restaurant car on a long journey, and a person who wanted the guard to get him a brandy and soda at a refreshment room could not have it because no meals were served on the car. As regards temperance the matter is so small that even the hon. Member (Mr. Leif Jones) will see that it can make no difference. I really think this is temperance gone mad. In order to promote temperance a man may not have something to drink when he is thirsty. I presume there is nothing to prevent a man taking his own whisky and soda in his portmanteau. Is the hon. Member going to travel in every carriage to see that no one produces a flask out of his pocket? The thing is simply absurd.
I ask leave to withdraw the Amendment, in order to move it in the form suggested by the Solicitor-General—"in which a passenger can be supplied with meals." It is not all I wanted, but I will take as much as I can get.
Am I to understand the Solicitor-General to mean that if an invalid passenger is lying in a compartment which is not in a restaurant car, he would be deprived of the opportunity of getting any alcoholic beverage at all?
It would not be regarded as a contravention to supply liquor in another carriage under those circumstances. It might be technically against the law, but it would not be a case for prosecution. Has anybody ever heard of a person being prosecuted for committing a technical breach of the law when the offence only took the form of administering alcohol to a sick or dying man?
Are we to understand that an invalid in a train can only obtain liquor when he is in a sick or dying condition?
I do not quite understand what the hon. Member means. As the hon. Member for Lincoln is not to be allowed to withdraw his Amendment, I move to leave out the word "are" in the proposed Amendment, and to insert instead thereof the words "can be."
Will this licence be subject to annual review?
It is only an Excise licence.
There is Sunday closing in Ireland except in the large towns. The Dublin, Wicklow and Wexford Railway Company is a hard-up company, and I wish to know whether it could be dealt with in any way, supposing it put on restaurant cars and ran them on the day when the public-houses are closed. It is all very fine to believe that that will not be done, but we should not run these risks. I understand that the licence is to be granted by the Excise, and that if there is any irregularity whatever there is to be no check upon it.
May I ask whether in the case of a passenger having a luncheon basket handed into a carriage, the sale would be regarded as having been effected in the carriage itself? It seems to me that the sale would be made, not in the refreshment car, but on the train.
That would be a sale out of the refreshment room.
Am I to understand that if this Amendment is carried there cannot be any liquor sold on the train except in the restaurant car, where meals can be served? Is the practice which has gone on in the past of allowing a passenger in a sleeping car to be served with a brandy and soda to be regarded as illegal?
I travel a great deal, and I have never found that liquor was served in a sleeping car.
Amendment made in the proposed Amendment: To leave out the word "are" ["passengers are supplied"], and to insert instead thereof the words "can be."
Question put, "That the words in which passengers can be supplied with meals' be there inserted."
The Committee divided: Ayes, 202; Noes, 48.
Division No. 780.]
| AYES.
| [12.45 a.m.
|
| Abraham, William (Cork, N. E.) | Harmsworth, Cecil B. (Worcester) | O'Connor, T. P. (Liverpool) |
| Acland, Francis Dyke | Harmsworth, R. L. (Caithness-shire) | O'Kelly, Conor (Mayo, N.) |
| Ainsworth, John Stirling | Hazleton, Richard | O'Kelly, James (Roscommon, N.) |
| Allen, Charles P. (Stroud) | Helme, Norval Watson | Parker, James (Halifax) |
| Ashton, Thomas Gair | Henderson, Arthur (Durham) | Partington, Oswald |
| Balfour, Robert (Lanark) | Henderson, J. M. (Aberdeen, W.) | Paulton, James Mellor |
| Baring, Godfrey (Isle of Wight) | Henry, Charles S. | Pearce, Robert (Staffs, Leek) |
| Barker, Sir John | Higham, John Sharp | Philipps, Col. Ivor (Southampton) |
| Barnard, E. B. | Hobart, Sir Robert | Philipps, Owen C. (Pembroke) |
| Barnes, G. N. | Hobhouse, Rt. Hon. Charles E. H. | Phillips, John (Longford, S.) |
| Barren, Rowland Hirst (Leeds, N.) | Hogan, Michael | Pointer, Joseph |
| Barry, Redmond J. (Tyrone, N.) | Hope, John Deans (Fife, West) | Pollard, Dr. |
| Beale, W. P. | Horniman, Emslie John | Ponsonby, Arthur A. W. H. |
| Berridge, T. H. D. | Howard, Hon. Geoffrey | Priestley, Sir W. E. B. (Bradford, E |
| Birrell, Rt. Hon. Augustine | Hyde, Clarendon | Reddy, M. |
| Boland, John | Illingworth, Percy H. | Redmond, John E. (Waterford) |
| Bowerman, C. W. | Isaacs, Rufus Daniel | Redmond, William (Clare) |
| Brunner, J. F. L. (Lancs., Leigh) | Jardine, Sir J. | Rendall, Athelstan |
| Brunner, Rt. Hon. Sir J. T. (Cheshire) | Jenkins, J. | Richards, T. F. (Wolverhampton) |
| Burke, E. Haviland- | Jones, Leif (Appleby) | Roberts, Charles H. (Lincoln) |
| Burns, Rt. Hon. John | Jones, William (Carnarvonshire) | Roberts, G. H. (Norwich) |
| Carr-Gomm, H. W. | Joyce, Michael | Robertson, J. M. (Tyneside) |
| Cawley, Sir Frederick | Kavanagh, Walter M. | Robinson, S. |
| Charming, Sir Francis Allston | Keating, Matthew | Roe, Sir Thomas |
| Clough, William | Kilbride, Denis | Rogers, F. E. Newman |
| Clynes, J. R. | King, Alfred John (Knutsford) | Rose, Sir Charles Day |
| Collins, Stephen (Lambeth) | Laidlaw, Robert | Rowlands, J. |
| Collins, Sir Wm. J. (St. Pancras, W.) | Lamb, Edmund G. (Leominster) | Rutherford, V. H. (Brentford) |
| Condon, Thomas Joseph | Lamont, Norman | Samuel, Rt. Hon. H. L. (Cleveland) |
| Cooper, G. J. | Layland-Barratt, Sir Francis | Schwann, Sir C. E. (Manchester) |
| Corbett, A. Cameron (Glasgow) | Lehmann, R. C. | Scott, A. H. (Ashton-under-Lyne) |
| Corbett, C. H. (Sussex, E. Grinstead) | Lever, A. Levy (Essex, Harwich) | Seddon, J. |
| Cotton, Sir H. J. S. | Levy, Sir Maurice | Seely, Colonel |
| Cowan, W. H. | Lewis, John Herbert | Shackleton, David James |
| Crean, Eugene | Lloyd-George, Rt. Hon. David | Shaw, Sir Charles Edward |
| Crossley, William J. | Lundon, Thomas | Sheehy, David |
| Cuilinan, J. | Lupton, Arnold | Silcock, Thomas Ball |
| Davies, David (Montgomery Co.) | Lynch, Arthur Alfred (Clare, W.) | Simon, John Allsebrook |
| Davies, Ellis William (Eifion) | Macdonald, J. M. (Falkirk Burghs) | Smyth, Thomas F. (Lei trim, S.) |
| Davies, Sir W. Howell (Bristol, S.) | MacNeill, John Gordon Swift | Stanley, Hon. A. Lyulph (Cheshire) |
| Devlin, Joseph | MacVeagh, Jeremiah (Down, S.) | Strachey, Sir Edward |
| Dickinson, W. H. (St. Pancras, N.) | MacVeigh, Charles (Donegal, E.) | Straus, B. S. (Mile End) |
| Dillon, John | M'Callum, John M. | Summerbell, T. |
| Duckworth, Sir James | M'Laren, Rt. Hon. Sir C. B. (Leices.) | Taylor, Theodore C. (Radcliffe) |
| Duncan, J. H. (York, Otley) | M'Laren, H. D. (Stafford, W.) | Tennant, Sir Edward (Salisbury) |
| Dunn, A. Edward (Camborne) | Manfield, Harry (Northants) | Tennant, H. J. (Berwickshire) |
| Dunne, Major E. Martin (Walsall) | Markham, Arthur Basil | Thomas, Abel (Carmarthen, E.) |
| Elibank, Master of | Marnham, F. J. | Thomasson, Franklin |
| Erskine, David C. | Massie, J. | Toulmin, George |
| Essex, R. W. | Masterman, C. F. G. | Ure, Rt. Hon. Alexander |
| Esslemont, George Birnie | Middlebrook, William | Verney, F. W. |
| Evans, Sir S. T. | Mond, A. | Ward, W. Dudley (Southampton) |
| Everett, R. Lacey | Montgomery, H. G. | Wason, Rt. Hon. E. (Clackmannan) |
| Ffrench, Peter | Morgan, G. Hay (Cornwall) | Wason, John Cathcart (Orkney) |
| Fiennes, Hon. Eustace | Worrell, Philip | Watt, Henry A. |
| Flavin, Michael Joseph | Morse, L. L. | Weir, James (Galloway) |
| Flynn, James Christopher | Muldoon, John | White, J. Dundas (Dumbartonshire) |
| Fullerton, Hugh | Murnaghan, George | Wiles, Thomas |
| Gill, A. H. | Murphy, John | Wilkie, Alexander |
| Gladstone, Rt. Hon. Herbert John | Murray, Capt. Hon. A. C. (Kincard.) | Williamson, Sir Archibald |
| Glendinning, R. G. | Nannetti, Joseph p. | Wills, Arthur Walters |
| Goddard, Sir Daniel Ford | Newnes, F. (Notts, Bassetlaw) | Wilson, Henry J. (York, W. R.) |
| Gooch, George Peabody (Bath) | Nicholls, George | Wilson, P. W. (St. Pancras, S.) |
| Greenwood, G. (Peterborough) | Nicholson, Charles N. (Doncaster) | Wilson, W. T. (Westhoughton) |
| Gulland, John W. | Nolan, Joseph | |
| Gwynn, Stephen Lucius | Norman, Sir Henry | |
| Harcourt, Rt. Hon. L. (Rossendale) | Nugent, Sir Walter Richard | TELLERS FOR THE AYES.—Captain |
| Harcourt, Robert V. (Montrose) | O'Brien, Kendal (Tipperary, Mid) | Norton and Mr. Whitley. |
| Hardie, J. Keir (Merthyr Tydvil) | O'Brien, Patrick (Kilkenny) |
NOES.
| ||
| Balcarres, Lord | Campbell, Rt. Hon. J. H. M. | Dickson, Rt. Hon. Charles Scott |
| Baldwin, Stanley | Carlile, E. Hildred | Douglas, Rt. Hon. A. Akers- |
| Banbury, Sir Frederick George | Castlereagh, Viscount | Faber, George Denison (York) |
| Banner, John S. Harmood- | Clark, George Smith | Fell, Arthur |
| Bridgeman, W. Clive | Clyde, James Avon | Fetherstonhaugh, Godfrey |
| Brotherton, Edward Alien | Coates, Major E. F. (Lewisham) | Forster, Henry William |
| Bull, Sir William James | Courthope, G. Loyd | Gibbs, G. A. (Bristol, West) |
| Gooch, Henry Cubitt (Peckham) | King, Sir Henry Seymour (Hull) | Stanier, Beville |
| Gretton, John | Magnus, Sir Philip | Stanley, Hon. Arthur (Ormskirk) |
| Haddock, George B. | Nicholson, Wm. G. (Petersfield) | Starkey, John R. |
| Harris, Frederick Lever ton | Pease, Herbert Pike (Darlington) | Talbot, Lord E. (Chichester) |
| Harrison-Broadley, H. B. | Randles, Sir John Scurrah | Valentia, Viscount |
| Hay, Hon. Claude George | Ratcliff, Major R. F. | Walker, Col. W. H. (Lancashire) |
| Hill, Sir Clement | Renton, Leslie | Warde, Col. C. E. (Kent, Mid) |
| Hills, J. W. | Renwick, George | |
| Kerry, Earl of | Rutherford, Watson (Liverpool) | TELLERS FOR THE NOES.—Earl |
| Keswick, William | Salter, Arthur Clavell | Winterton and Mr. Ashley. |
moved, after the words "for consumption on the car," to insert the words "provided that the train to which the car is attached makes at least one non-stop journey of over thirty miles."
I move this Amendment merely for the purpose of eliciting from the Solicitor-General some definition of a "train." It is not unreasonable, seeing that you limit sale in other directions, that you should limit it in railway trains. I take it that no one wants these trains to become travelling public-houses. The whole object is to meet the convenience of travellers. The Government recognise that they are entitled to have their convenience met, but they cannot wish that trains should be drinking places. I think there may be some real danger on short journeys. Take the Underground Railways in London. [HON. MEMBERS: "Oh, oh."] It may be very absurd at present, but if we limit public-houses, and put a very small tax on railway trains, we make it easier to sell liquor in railway trains. I quite imagine that it would be more profitable to sell in trains than in public-houses, with the heavy Licence Duties that are now being put on public-houses. I suggest that there should be a bonâ fide journey.
This is not the definition of my hon. Friend, and as the author is not here I will not attempt to describe it or say what I think about it. It is an Amendment the Government cannot possibly accept, even though pressed to do so by the hon. Gentleman. We intend that these licences should only be granted to restaurant cars. I do not think it would be reasonable or in the interests of the public to restrict the matter further than we have already done.
I think the proposed Amendment should be not a "non-stop journey" of 30 miles, but a "non-drink" journey of 30 miles.
Question, "That those words be there inserted," put, and negatived.
moved, after the words "for consumption on the car," to insert the words, "Any offence committed with reference to the sale of liquor on any railway restaurant car may be heard and determined by any court of summary jurisdiction through whose jurisdiction such car passed in the course of the journey during which the offence was committed."
This is practically only an extension of the Section in the Summary Jurisdiction Act, 1879, to meet the case of any irregularity which might be committed on the cars now under consideration.
Is this within the scope of a so-called Finance Bill?
Certainly some of these Amendments go very far in reference to a Finance Bill; but in this case we are putting on a new licence which has not existed hitherto, and I think it is not beyond the scope of what is in the Bill with regard to that new licence.
The effect of this Amendment would be that if an offence was committed in a district through which the train was passing, where the train had not a regular stopping place, the train would have to be stopped in order that a magistrate might be fetched.
I do not think this Amendment is necessary. If an offence were committed by a railway company in connection with one of these cars, which I do not think is at all likely, there would be no difficulty in dealing with it under the ordinary law.
Amendment negatived.
1.0 A.M.
moved, in the last paragraph of the First Schedule [Provisions applicable to occasional licences], to leave out the word "those" ["and any provisions relating to those licences shall apply accordingly"], and to insert instead thereof the word "occasional."
Amendment agreed to.
Question put, "That Schedule One, as amended, stand part of the Bill."
Division No. 781.]
| AYES.
| [1.0 a.m.
|
| Acland, Francis Dyke | Hardie, J. Keir (Merthyr Tydvil) | Philipps, Owen C. (Pembroke) |
| Ainsworth, John Stirling | Harmsworth, Cecil B. (Worcester) | Pointer, J. |
| Allen, Charles P. (Stroud) | Harmsworth, R. L. (Caithness-shire) | Pollard, Dr. G. H. |
| Ashton, Thomas Gair | Hedges, A. Paget | Ponsonby, Arthur A. W. H. |
| Balfour, Robert (Lanark) | Helme, Norval Watson | Priestley, Sir W. E. B. (Bradford, E.) |
| Baring, Godfrey (Isle of Wight) | Henderson, Arthur (Durham) | Rendall, Athelstan |
| Barker, Sir John | Henry, Charles S. | Roberts, Charles H. (Lincoln) |
| Barnes, G. N. | Higham, John Sharp | Roberts, G. H. (Norwich) |
| Barran, Rowland Hirst | Hobart, Sir Robert | Robinson, S. |
| Barry, Redmond J. (Tyrone, N.) | Hobhouse, Rt. Hon. Charles E. H. | Roe, Sir Thomas |
| Beale, W. P. | Hope, John Deans (File, West) | Rogers, F. E. Newman |
| Berridge, T. H. D. | Hornlman, Emslle John | Rose, Sir Charles Day |
| Birrell, Rt. Hon. Augustine | Howard, Hon. Geoffrey | Rowlands, J. |
| Bowerman, C. W. | Hyde, Clarendon G. | Rutherford, V. H. (Brentford) |
| Brunner, J. F. L. (Lancs., Leigh) | Illingworth, Percy H. | Samuel, Rt. Hon. H. L. (Cleveland) |
| Burns, Rt. Hon. John | Isaacs, Rufus Daniel | Scott, A. H. (Ashton-under-Lyne) |
| Carr-Gomm, H. W. | Jenkins, J. | Seddon, J. |
| Cawley, Sir Frederick | Jones, Leif (Appleby) | Seely, Colonel |
| Channing, Sir Francis Allston | Jones, William (Carnarvonshire) | Shackleton, David James |
| Clough, William | King, Alfred John (Knutsford) | Shaw, Sir Charles E. |
| Clynes, J. R. | Laidlaw, Robert | Sherwell, Arthur James |
| Collins, Stephen (Lambeth) | Lamb, Edmund G. (Leominster) | Silcock, Thomas Ball |
| Collins, Sir Wm. J. (St. Pancras, W.) | Lamont, Norman | Simon, John Allsebrook |
| Cooper, G. J. | Layland-Barratt, Sir Francis | Stanley, Hon. A. Lyulph (Cheshire) |
| Corbett, A. Cameron (Glasgow) | Lehmann, R. C. | Strachey, Sir Edward |
| Corbett, C. H. (Sussex, E. Grinstead) | Lever, A. Levy (Essex, Harwich) | Straus, B. S. (Mile End) |
| Cotton, Sir H. J. S. | Levy, Sir Maurice | Summerbell, T. |
| Cowan, W. H. | Lewis, John Herbert | Taylor, Theodore C. (Radcliffe) |
| Crossley, William J. | Lloyd-George, Rt. Hon. David | Tennant, Sir Edward (Salisbury) |
| Davies, David (Montgomery Co.) | Lupton, Arnold | Tennant, H. J. (Berwickshire) |
| Davies, Ellis William (Eifion) | Macdonald, J. M. (Falkirk Burghs) | Thomas, Abel (Carmarthen, E.) |
| Davies, Sir W. Howell (Bristol, S.) | M'Laren, Sir C. B. (Leicester) | Thomasson, Franklin |
| Dickinson, W. H. (St. Pancras, N.) | M'Laren, H. O. (Stafford, W.) | Toulmin, George |
| Duckworth, Sir James | Manfield, Harry (Northants) | Ure, Rt. Hon. Alexander |
| Duncan, J. Hastings (York, Otley) | Markham, Arthur Basil | Verney, F. W. |
| Dunn, A. Edward (Camborne) | Marnham, F. J. | Ward, W. Dudley (Southampton) |
| Dunne, Major E. Martin (Walsall) | Masterman, C. F. G. | Wason, Rt. Hon. E. (Clackmannan) |
| Elibank, Master of | Middlebrook, William | Wason, John Cathcart (Orkney) |
| Erskine, David C. | Mond, A. | Watt, Henry A. |
| Essex, R. W. | Montgomery, H. G. | Weir, J. Galloway |
| Esslemont, George Birnie | Morgan, G. Hay (Cornwall) | White, J. Dundas (Dumbartonshire) |
| Evans, Sir S. T. | Morrell, Philip | Wiles, Thomas |
| Everett, R. Lacey | Morse, L. L. | Wilkie, Alexander |
| Fiennes, Hon. Eustace | Murray, Capt. Hon. A. C. (Kincard.) | Williamson, Sir A. |
| Fullerton, Hugh | Newnes, F. (Notts, Bassetlaw) | Wills, Arthur Walters |
| Gill, A. H. | Nicholls, George | Wilson, Henry J. (York, W. R.) |
| Gladstone, Rt. Hon. Herbert John | Nicholson, Charles N. (Doncaster) | Wilson, P. W. (St. Pancras, S.) |
| Goddard, Sir Daniel Ford | Norman, Sir Henry | Wilson, W. T. (Westhoughton) |
| Gooch, George Peabody (Bath) | Parker, James (Halifax) | |
| Greenwood, G. (Peterborough) | Partington, Oswald | |
| Gulland, John W. | Paulton, James Mellor | TELLERS FOR THE AYES.—Captain |
| Harcourt, Rt. Hon. L. (Rossendale) | Pearce, Robert (Staffs, Leek) | Norton and Mr. Whitley. |
| Harcourt, Robert V. (Montrose) | Philipps, Col. Ivor (Southampton) |
NOES.
| ||
| Arkwright, John Stanhope | Douglas, Rt. Hon. A. Akers- | Randles, Sir John Scurrah |
| Ashley, W. W. | Faber, George Denison (York) | Ratcliff, Major R. F. |
| Balcarres, Lord | Fell, Arthur | Renton, Leslie |
| Baldwin, Stanley | Fetherstonhaugh, Godfrey | Renwick, George |
| Banbury, Sir Frederick George | Gooch, Henry Cubitt (Peckham) | Rutherford, Watson (Liverpool) |
| Banner, John S. Harmood- | Gretton, John | Salter, Arthur Clavell |
| Barnard, E. B. | Haddock, George B. | Stanier, Seville |
| Belloc, Hilaire Joseph Peter R. | Harris, Frederick Leverton | Stanley, Hon. Arthur (Ormskirk) |
| Bridgeman, W. Clive | Harrison-Broadley, H. B. | Starkey, John R. |
| Brotherton, Edward Allen | Hay, Hon. Claude George | Talbot, Lord E. (Chichester) |
| Bull, Sir William James | Hill, Sir Clement | Walker, Col. W. H. (Lancashire) |
| Campbell, Rt. Hon. J. H. M. | Hills, J. W. | Warde, Col. C. E. (Kent, Mid) |
| Carlile, E. Hildred | Kerry, Earl of | Winterton, Earl |
| Castlereagh, Viscount | King, Sir Henry Seymour (Hull) | |
| Clyde, J. Avon | Magnus, Sir Philip | |
| Coates, Major E. F. (Lewisham) | Mason, A. E. W. (Coventry) | TELLERS FOR THE NOES.—Viscount |
| Courthope, G. Loyd | Nicholson, Wm. G. (Petersfield) | Valentia and Mr. H. W. Forster. |
| Dickson, Rt. Hon. C. Scott | Pease, Herbert Pike (Darlington) | |
The Committee divided: Ayes, 154; Noes, 49.
Second Schedule
Scale Of Rates Of Estate Duty
| Where the principal value of the estate | Estate Duty shall be payable at the rate per cent. of | |||
| £ | £ | |||
| Exceeds | 100 | and does not exceed | 500 | 1 |
| Exceeds | 500 | and does not exceed | 1,000 | 2 |
| Exceeds | 1,000 | and does not exceed | 5,000 | 3 |
| Exceeds | 5,000 | and does not exceed | 10,000 | 4 |
| Exceeds | 10,000 | and does not exceed | 20,000 | 5 |
| Exceeds | 20,000 | and does not exceed | 40,000 | 6 |
| Exceeds | 40,000 | and does not exceed | 70,000 | 7 |
| Exceeds | 70,000 | and does not exceed | 100,000 | 8 |
| Exceeds | 100,000 | and does not exceed | 150,000 | 9 |
| Exceeds | 150,000 | and does not exceed | 200,000 | 10 |
| Exceeds | 200,000 | and does not exceed | 400,000 | 11 |
| Exceeds | 400,000 | and does not exceed | 600,000 | 12 |
| Exceeds | 600,000 | and does not exceed | 800,000 | 13 |
| Exceeds | 800,000 | and does not exceed | 1,000,000 | 14 |
| Exceeds | 1,000,000 | 15 | ||
moved to omit—
| Where the principal value of the estate | Estate Duty shall be payable at the rate per cent. of | |||
| £ | £ | |||
| "Exceeds | 500 | and does not exceed | 1,000 | 2 |
| Exceeds | 1,000 | and does not exceed | 5,000 | 3 |
| Exceeds | 5,000 | and does not exceed | 10,000 | 4 |
| Exceeds | 10,000 | and does not exceed | 20,000 | 5 |
| Exceeds | 20,000 | and does not exceed | 40,000 | 6 |
| Exceeds | 40,000 | and does not exceed | 70,000 | 7 |
| Exceeds | 70,000 | and does not exceed | 100,000 | 8," |
| and to insert instead thereof:— | ||||
| "Exceeds | 500 | and does not exceed | 750 | 1½ |
| Exceeds | 750 | and does not exceed | 1,000 | 2 |
| Exceeds | 1,000 | and does not exceed | 2,000 | 2¼ |
| Exceeds | 2,000 | and does not exceed | 3,000 | 2½ |
| Exceeds | 3,000 | and does not exceed | 4,000 | 2½ |
| Exceeds | 4,000 | and does not exceed | 5,000 | 3 |
| Exceeds | 5,000 | and does not exceed | 6,000 | 3¼ |
| Exceeds | 6,000 | and does not exceed | 7,000 | 3½ |
| Exceeds | 7,000 | and does not exceed | 8,500 | 3¾ |
| Exceeds | 8,500 | and does not exceed | 10,000 | 4 |
| Exceeds | 10,000 | and does not exceed | 12,500 | 4¼ |
| Exceeds | 12,500 | and does not exceed | 15,000 | 4½ |
| Exceeds | 15,000 | and does not exceed | 17,500 | 4¾ |
| Exceeds | 17,500 | and does not exceed | 20,000 | 5 |
| Exceeds | 20,000 | and does not exceed | 25,000 | 5¼ |
| Exceeds | 25,000 | and does not exceed | 30,000 | 5½ |
| Exceeds | 30,000 | and does not exceed | 35,000 | 5¾ |
| Exceeds | 35,000 | and does not exceed | 40,000 | 6 |
| Exceeds | 40,000 | and does not exceed | 47,500 | 6¼ |
| Exceeds | 47,500 | and does not exceed | 55,000 | 6½ |
| Exceeds | 55,000 | and does not exceed | 62,500 | 6¾ |
| Exceeds | 62,500 | and does not exceed | 70,000 | 7 |
| Exceeds | 70,000 | and does not exceed | 77,500 | 7¼ |
| Exceeds | 77,500 | and does not exceed | 85,000 | 7½ |
| Exceeds | 85,000 | and does not exceed | 92,500 | 7½ |
| Exceeds | 92,500 | and does not exceed | 100,000 | 8." |
This Amendment does not in any way alter the rate at which Death Duties are charged, but it endeavours to remove some of the anomalies which are incidental to a graduated scale. It will be seen that the Amendment graduates the scale by quarters instead of drawing the full 1 per cent., according to the estates which pass at death. To illustrate my point, I will take the case of estates between £20,000 and £40,000. Under the scale proposed by the Government, any estate not exceeding £40,000 will pay at the rate of 6 per cent. It seems a little hard that an estate of £20,100 should pay at the same rate as one proved for £40,000. By the scale I have put on the Paper, the incidence of the tax will be graduated much more in comparison with the amount that passes on death. No doubt if the Amendment were accepted the Chancellor of the Exchequer might lose a certain amount of revenue. The answer to that would be that by removing the temptations to avoid the tax, or rather, to endeavour to get the property transferred from the higher scale into the lower scale, would be largely removed by charging a graduation of one-quarter instead of the full scale of one per cent.
My hon. and gallant Friend has put down on the Paper a very elaborate alternative to the scheme submitted by the Government. My fatal objection to it is that it does not produce the revenue we want. After all this is a revenue Bill. We propose to raise a certain sum to meet the deficit with which I am confronted by an increase in the Death Duties. I am not sure that I should not be short by some hundred thousand pounds if I accepted my hon. Friend's proposal. I am not sure that he knows how much it involves. He naturally has not the material which the Department have at their command, and he cannot estimate or even guess the effect of his scale. They have had before them all the estates of the past few years, and it is easier for them to make the calculation. I can assure my hon. Friend that this little one quarter per cent. would make a considerable difference to the revenue. I do not think that on the whole it would be an improvement on the Government's plan, and for that reason I cannot possibly accept his alternative.
I do not wish to put the Committee to the trouble of a division, and I, therefore, ask leave to withdraw my Amendment.
Amendment, by leave, withdrawn.
Division No. 782.]
| AYES.
| [1.15 a.m.
|
| Acland, Francis Dyke | Harcourt, Robert V. (Montrose) | Paulton, James Mellor |
| Ainsworth, John Stirling | Hardie, J. Keir (Merthyr Tydvil) | Pearce, Robert (Staffs, Leek) |
| Allen, Charles P. (Stroud) | Harmsworth, Cecil B. (Worcester) | Philipps, Col. Ivor (Southampton) |
| Ashton, Thomas Gair | Harmsworth, R. L. (Caithness-shire) | Philipps, Owen C. (Pembroke) |
| Balfour, Robert (Lanark) | Hedges, A. Paget | Pointer, J. |
| Baring, Godfrey (Isle of Wight) | Helme, Norval Watson | Pollard, Dr G. H. |
| Barker, Sir John | Henderson, Arthur (Durham) | Ponsonby, Arthur A. W. H. |
| Barnard, E. B. | Henry, Charles S. | Priestley, Sir W. E. B. (Bradford, E.) |
| Barnes, G. N. | Higham, John Sharp | Rendall, Athelstan |
| Barran, Rowland Hirst | Hobart, Sir Robert | Roberts, Charles H. (Lincoln) |
| Barry, Redmond J. (Tyrone, N.) | Hobhouse, Rt. Hon. Charles E. H. | Roberts, G. H. (Norwich) |
| Beale, W. P. | Horniman, Emslie John | Robinson, S. |
| Belloc, Hilaire Joseph Peter R. | Howard, Hon. Geoffrey | Roe, Sir Thomas |
| Berridge, T. H. D. | Hyde, Clarendon G. | Rogers, F. E. Newman |
| Birrell, Rt. Hon. Augustine | Illingworth, Percy H. | Rose, Sir Charles Day |
| Bowerman, C. W. | Isaacs, Rufus Daniel | Rowlands, J. |
| Brunner, J. F. L. (Lancs., Leigh) | Jenkins, J. | Rutherford, V. H. (Brentford) |
| Burns, Rt. Hon. John | Jones, Leif (Appleby) | Samuel, Rt. Hon. H. L. (Cleveland) |
| Carr-Gomm, H. W. | Jones, William (Carnarvonshire) | Scott, A. H. (Ashton-under-Lyne) |
| Cawley, Sir Frederick | Keating, M. | Seddon, J. |
| Channing, Sir Francis Allston | King, Afred John (Knutsford) | Seely, Colonel |
| Clough, William | Laidlaw, Robert | Shackleton, David James |
| Clynes, J. R. | Lamb, Edmund G. (Leominster) | Shaw, Sir Charles E. (Stafford) |
| Collins, Stephen (Lambeth) | Lamont, Norman | Sherwell, Arthur James |
| Collins, Sir Wm. J. (St. Pancras, W.) | Layland-Barratt, Sir Francis | Silcock, Thomas Ball |
| Cooper, G. J. | Lehmann, R. C. | Simon, John Allsebrook |
| Corbett, A. Cameron (Glasgow) | Lever, A. Levy (Essex, Harwich) | Stanley, Hon. A. Lyulph (Cheshire) |
| Corbett, C. H. (Sussex, E. Grinstead) | Levy, Sir Maurice | Strachey, Sir Edward |
| Cotton, Sir H. J. S. | Lewis, John Herbert | Straus, B. S. (Mile End) |
| Cowan, W. H. | Lloyd-George, Rt. Hon. David | Summerbell, T. |
| Crossley, William J. | Lupton, Arnold | Taylor, Theodore C. (Radcliffe) |
| Davies, David (Montgomery, Co.) | Macdonald, J. M. (Falkirk Burghs) | Tennant, Sir Edward (Salisbury) |
| Davies, Sir W. Howell (Bristol, S.) | M'Laren, Sir C. B. (Leicester) | Tennant, H. J. (Berwickshire) |
| Devlin, Joseph | M'Laren, H. D. (Stafford, W.) | Thomas, Abel (Carmarthen, E.) |
| Dickinson, W. H. (St. Pancras, N.) | Manfield, Harry (Northants) | Thomasson, Franklin |
| Dillon, John | Markham, Arthur Basil | Toulmin, George |
| Duckworth, Sir James | Marnham, F. J. | Ure, Rt. Hon. Alexander |
| Duncan, J. Hastings (York, Otley) | Mason, A. E. W. (Coventry) | Ward, W. Dudley (Southampton) |
| Dunn, A. Edward (Camborne) | Massie, J. | Wason, Rt. Hon. E. (Clackmannan) |
| Dunne, Major E. Martin (Walsall) | Masterman, C. F. G. | Wason, John Cathcart (Orkney) |
| Elibank, Master of | Middlebrook, William | Watt, Henry A. |
| Erskine, David C. | Mond, A. | White, J. Dundas (Dumbartonshire) |
| Essex, R. W. | Montgomery, H. G. | Wiles, Thomas |
| Evans, Sir S. T. | Morgan, G. Hay (Cornwall) | Wilkie, Alexander |
| Everett, R. Lacey | Worrell, Philip | Williamson, Sir A. |
| Fiennes, Hon. Eustace | Morse, L. L. | Wills, Arthur Waiters |
| Flavin, Michael Joseph | Muldoon, John | Wilson, Henry J. (York, W. R.) |
| Fullerton, Hugh | Murray, Capt. Hon. A. C. (Kincard.) | Wilson, P. W. (St. Pancras, S.) |
| Gladstone, Rt. Hon. Herbert John | Newnes, F. (Notts, Bassetlaw) | Wilson, W. T. (Westhoughton) |
| Goddard, Sir Daniel Ford | Nicholls, George | |
| Gooch, George Peabody (Bath) | Nicholson, Charles N. (Doncaster) | |
| Greenwood, G. (Peterborough) | Norman, Sir Henry | TELLERS FOR THE AYES.—Captain |
| Gulland, John W. | Parker, James (Halifax) | Norton and Mr. Whitley. |
| Harcourt, Rt. Hon. L. (Rosendale) | Partington, Oswald |
NOES.
| ||
| Arkwright, John Stanhope | Douglas, Rt. Hon. A. Akers- | Randles, Sir John Scurrah |
| Ashley, W. W. | Faber, George Denison (York) | Ratcliff, Major R. F. |
| Balcarres, Lord | Fell, Arthur | Renton, Leslie |
| Baldwin, Stanley | Fetherstonhaugh, Godfrey | Renwick, George |
| Banbury, Sir Frederick George | Gooch, Henry Cubitt (Peckham) | Rutherford, Watson (Liverpool) |
| Banner, John S. Harmood- | Gretton, John | Salter, Arthur Clavell |
| Bridgeman, W. Clive | Haddock, George B. | Stanier, Beville |
| Brotherton, Edward Allen | Harris, Frederick Leverton | Stanley, Hon. Arthur (Ormskirk)' |
| Bull, Sir William James | Harrison-Broadley, H. B. | Starkey, John R. |
| Campbell, Rt. Hon. J. H. M. | Hay, Hon. Claude George | Talbot, Lord E. (Chichester) |
| Carlile, E. Hildred | Hill, Sir Clement | Walker, Col. W. H. (Lancashire) |
| Castlereagh, Viscount | Hills, J. W. | Warde, Col. C. E. (Kent, Mid) |
| Clyde, J. Avon | Kerry, Earl of | Winterton, Earl |
| Coates, Major E. F. (Lewisham) | King, Sir Henry Seymour (Hull) | |
| Courthope, G. Loyd | Nicholson, Wm. G. (Petersfield) | TELLERS FOR THE NOES.—Viscount |
| Dickson, Rt. Hon. C. Scott | Pease, Herbert Pike (Darlington) | Valentia and Mr. H. W. Forster. |
Question put, "That this be the second Schedule to the Bill."
The Committee divided: Ayes, 157; Noes, 45.
Question, "That the Schedule be the third Schedule of the Bill," put, and agreed to.
Fourth Schedule
Tobacco
Part I—Customs Duties
Upon tobacco unmanufactured, viz.:—
| Containing 10 lbs. or more of moisture in every 100 lbs. weight thereof:— | |||
| s. | d. | ||
| Unstripped | the lb. | 3 | 8 |
| Stripped | the lb. | 3 | 8½ |
| Containing less than 10 lbs. of moisture in every 100 lbs. weight thereof:— | |||
| s. | d. | ||
| Unstripped | the lb. | 4 | 1 |
| Stripped | the lb. | 4 | 1½ |
| Upon tobacco manufactured, viz.:— | |||
| s. | d. | ||
| Cigars | the lb. | 7 | 0 |
| Cigarettes | the lb. | 5 | 8 |
| Cavendish or Negrohead | the lb. | 5 | 4 |
| Cavendish or Negrohead manufactured, in bond | the lb. | 4 | 8 |
| Other manufactured tobacco | the lb. | 4 | 8 |
| Snuff containing more than 13 lbs. of moisture in every 100 lbs. weight thereof | the lb. | 4 | 5 |
| Snuff not containing more than 13 lbs. of moisture in every 100 lbs. weight thereof | the lb. | 5 | 4 |
Part Ii—Excise Duties
| Upon tobacco unmanufactured, viz.:— | |||
| s. | d. | ||
| Tobacco containing 10 lbs. or more of moisture in every 100 lbs. | the lb. | 3 | 6 |
| Tobacco containing less than 10 lbs. of moisture in every 100 lbs. weight thereof | the lb. | 3 | 11 |
| Upon tobacco manufactured, viz.:— | |||
| s. | d. | ||
| Cavendish or Negrohead manufactured, in bond | the lb. | 4 | 8 |
Part Iii—Rates Of Drawback
| s. | d. | ||
| Cigars | the lb. | 4 | 2 |
| Cigarettes | the lb. | 4 | 1 |
| Cut, roll, cake, or other manufactured tobacco | the lb. | 4 | 0 |
| Snuff (not being offal snuff) | the lb. | 3 | 10 |
| Stalks, shorts, or other refuse of tobacco (including offal snuff) | the lb. | 3 | 9 |
In order to facilitate the arrangement at which we arrived last night, I would suggest to my hon. Friends on this side of the House that we should content ourselves with dividing against the Schedule, and should take the discussion on the Tobacco Duty when the Clause is recommitted, as proposed by the Government.
I can only say that if that meets the convenience of right hon. and hon. Gentlemen opposite, I shall be very glad to consent to the arrangement. The suggestion is that hon. Members should be content on the present occasion with dividing on the Schedule, and, that as the Government propose to recommit the Clause on the Report stage, there should be a full discussion on it later on.
Will the Amendments which have been put down be moved?
I cannot help thinking that the recommital on the Schedule would be the most convenient plan, because the Amendments could then be moved as they have been put down.
Can the right hon. Gentleman give us any indication of the date when the Clause is likely to be recommitted?
I have not had an opportunity of consulting the authorities of the House, but, subject to that, I should think the recommital would come before we take the Report stage of the Bill. In that case it will be taken the first thing on Tuesday week, October 19.
I think it would be for the convenience of the Committee if we knew whether the Government are going to commit the Clause and the Schedule as well.
I think, if I may say so, following the suggestion of the Chairman, that the best course we could take would be to recommit the Schedule, because every point can be raised on the Schedule.
I do not mind, so long
Division No. 783.]
| AYES.
| [1.25 a.m.
|
| Acland, Francis Dyke | Harcourt, Rt. Hon. L. (Rossendale) | Pearce, Robert (Staffs, Leek) |
| Ainsworth, John Stirling | Harcourt, Robert V. (Montrose) | Philippe, Col. Ivor (Southampton) |
| Allen, Charles P. (Stroud) | Harmsworth, Cecil B. (Worcester) | Philipps, Owen C. (Pembroke) |
| Ashton, Thomas Gair | Harmsworth, R. L. (Caithness-shire) | Pollard, Dr. G. H. |
| Balfour, Robert (Lanark) | Hedges, A. Paget | Ponsonby, Arthur A. W. H. |
| Baring, Godfrey (Isle of Wight) | Helme, Norval Watson | Priestley, Sir W. E. B. (Bradford, E.) |
| Barker, Sir John | Henderson, Arthur (Durham) | Rendall, Athelstan |
| Barran, Rowland Hirst | Henry, Charles S. | Roberts, Charles H. (Lincoln) |
| Barry, Redmond J. (Tyrone, N.) | Higham, John Sharp | Robinson, S. |
| Beale, W. P. | Hobart, Sir Robert | Roe, Sir Thomas |
| Belloc, Hilaire Joseph Peter R. | Hobhouse, Rt. Hon. Charles E. H. | Rogers, F. E. Newman |
| Berridge, T. H. D. | Horniman, Emslie John | Rose, Sir Charles Day |
| Birrell, Rt. Hon. Augustine | Howard, Hon. Geoffrey | Rowlands, J. |
| Bowerman, C. W. | Hyde, Clarendon G. | Rutherford, V. H. (Brentford) |
| Brunner, J. F. L. (Lancs., Leigh) | Illingworth, Percy H. | Samuel, Rt. Hon. H. L. (Cleveland) |
| Burns, Rt. Hon. John | Isaacs, Rufus Daniel | Scott, A. H. (Ashton-under-Lyne) |
| Carr-Gomm, H. W. | Jenkins, J. | Seddon, J. |
| Cawley, Sir Frederick | Jones, Leif (Appleby) | Seely, Colonel |
| Channing, Sir Francis Allston | King, Alfred John (Knutsford) | Shackleton, David James |
| Clough, William | Laidlaw, Robert | Shaw, Sir Charles E. (Stafford) |
| Clynes, J. R. | Lamont, Norman | Sherwell, Arthur James |
| Collins, Stephen (Lambeth) | Layland-Barratt, Sir Francis | Silcock, Thomas Ball |
| Collins, Sir Wm. J. (St. Pancras, W.) | Lehmann, R. C. | Simon, John Allsebrook |
| Cooper, G. J. | Lever, A. Levy (Essex, Harwich) | Stanley, Hon. A. Lyulph (Cheshire) |
| Corbett, A. Cameron (Glasgow) | Levy, Sir Maurice | Strachey, Sir Edward |
| Corbett, C. H. (Sussex, E. Grinstead) | Lewis, John Herbert | Straus, B. S. (Mile End) |
| Cotton, Sir H. J. S. | Lloyd-George, Rt. Hon. David | Taylor, Theodore C. (Radcliffe) |
| Cowan, W. H. | Lupton, Arnold | Tennant, Sir Edward (Salisbury) |
| Crossley, William J. | Macdonald, J. M. (Falkirk Burghs) | Tennant, H. J. (Berwickshire) |
| Davies, David (Montgomery Co.) | M'Laren, Sir C. B. (Leicester) | Thomas, Abel (Carmarthen, E.) |
| Davies, Sir W. Howell (Bristol, S.) | M'Laren, H. D. (Stafford, W.) | Thomasson, Franklin |
| Dickinson, W. H. (St. Pancras, N.) | Manfield, Harry (Northants) | Toulmin, George |
| Duckworth, Sir James | Markham, Arthur Basil | Ure, Rt. Hon. Alexander |
| Duncan, J. Hastings (York, Otley) | Marnham, F. J. | Ward, W. Dudley (Southampton) |
| Dunn, A. Edward (Camborne) | Massie, J. | Wason, Rt. Hon. E. (Clackmannan) |
| Dunne, Major E. Martin (Walsall) | Masterman, C. F. G. | Wason, John Cathcart (Orkney) |
| Elibank, Master of | Middlebrook, William | Watt, Henry A. |
| Erskine, David C. | Mond, A. | White, J. Dundas (Dumbartonshire) |
| Essex, R. W. | Montgomery, H. G. | Wiles, Thomas |
| Evans, Sir S. T. | Morgan, G. Hay (Cornwall) | Wilkie, Alexander |
| Everett, R. Lacey | Morrell, Philip | Williamson, Sir A. |
| Fiennes, Hon. Eustace | Murray, Captain Hon. A. C. (Kincard.) | Wills, Arthur Walters |
| Fullerton, Hugh | Newnes, F. (Notts, Bassetlaw) | Wilson, Henry J. (York, W. R.) |
| Gladstone, Rt. Hon. Herbert John | Nicholls, George | Wilson, P. W. (St. Pancras, S.) |
| Goddard, Sir Daniel Ford | Nicholson, Charles N. (Doncaster) | |
| Gooch, George Peabody (Bath) | Norman, Sir Henry | TELLERS FOR THE AYES.—Captain Norton and Mr. Whitley. |
| Greenwood, G. (Peterborough) | Partington, Oswald | |
| Gulland, John W. | Paulton, James Mellor |
NOES.
| ||
| Abraham, W. (Cork, N. E.) | Devlin, Joseph | Keating, M. |
| Arkwright, John Stanhope | Dickson, Rt. Hon. C. Scott | Kerry, Earl of |
| Ashley, W. W. | Douglas, Rt. Hon. A. Akers- | Kilbride, Denis |
| Balcarres, Lord | Faber, George Denison (York) | King, Sir Henry Seymour (Hull) |
| Baldwin, Stanley | Fell, Arthur | MacVeagh, Jeremiah (Down, S.) |
| Banbury, Sir Frederick George | Fetherstonhaugh, Godfrey | Mooney, J. J. |
| Barnes, G. N. | Flavin, Michael Joseph | Muldoon, John |
| Bridgeman, W. Clive | Flynn, James Christopher | Murphy, John (Kerry, East) |
| Brotherton, Edward Allen | Gooch, Henry Cubitt (Peckham) | Nicholson, Wm. G. (Petersfield) |
| Bull, Sir William James | Gretton, John | Nugent, Sir Walter Richard |
| Burke, E. Haviland- | Haddock, George B. | O'Brien, K. (Tipperary, Mid) |
| Campbell, Rt. Hon. J. H. M. | Hardie, J. Keir (Merthyr Tydvil) | O'Shee, James John |
| Carlile, E. Hildred | Harris, Frederick Leverton | Pease, Herbert Pike (Darlington) |
| Castlereagh, Viscount | Harrison-Broadley, H. B. | Pointer, J. |
| Clyde, J. Avon | Hay, Hon. Claude George | Randles, Sir John Scurrah |
| Coates, Major E. F. (Lewisham) | Healy, Timothy Michael | Retcliff, Major R. F. |
| Condon, T. J. | Hill, Sir Clement | Reddy, M. |
| Courthope, G. Loyd | Hills, J. W. | Redmond, William (Clare) |
| Crean, Eugene | Hogan, Michael | Renton, Leslie |
as it is understood what the Government intend doing.
Question put, "That the Schedule be the Fourth Schedule of the Bill."
The Committee divided: Ayes, 141; Noes, 71.
| Renwick, George | Starkey, John R. | Wilson, W. T. (Westhoughton) |
| Rutherford, Watson (Liverpool) | Summerbell, T. | Winterton, Earl |
| Salter, Arthur Clavell | Talbot, Lord E. (Chichester) | |
| Sheehy, David | Walker, Col. W. H. (Lancashire) | TELLERS FOR THE NOES.—Viscount |
| Stanier, Beville | Warde, Col. C. E. (Kent, Mid) | Valentia and Mr. H. W. Forster. |
| Stanley, Hon. Arthur (Ormikirk) | Williams, Col. R. (Dorset, W.) |
Fifth Schedule
Part I—Rebate Of Motor Spirit Duty
Motor spirit used for the purpose of supplying motive power:—
Part Ii—Rates Of Duties Ox Motor Cars
| Duty. | |||
| £ | s. | d. | |
| Motor bicycles and motor tricycles, of whatever horse power | 1 | 0 | 0 |
| Motor cars—Not exceeding 6½ horse power | 2 | 2 | 0 |
Division No. 784.]
| AYES.
| [1.35 a.m.
|
| Arkwright, John Stanhope | Fetherstonhaugh, Godfrey | Randles, Sir John Scurrah |
| Ashley, W. W. | Fiennes, Hon. Eustace | Ratcliff, Major R. F. |
| Balcarres, Lord | Flavin, Michael Joseph | Renton, Leslie |
| Baldwin, Stanley | Forster, Henry William | Renwick, George |
| Banbury, Sir Frederick George | Gooch, Henry Cubitt (Peckham) | Rutherford, Watson (Liverpool) |
| Barnes, G. N. | Gretton, John | Salter, Arthur Clavell |
| Barran, Rowland Hirst | Haddock, George B. | Seddon, J. |
| Bridgeman, W. Clive | Hardie, J. Keir (Merthyr Tydvil) | Stanier, Beville |
| Brotherton, Edward Allen | Harris, Frederick Leverton | Stanley, Hon. Arthur (Ormskirk) |
| Campbell, Rt. Hon. J. H. M. | Harrison-Broadley, H. B. | Starkey, John R. |
| Carlile, E. Hildred | Hay, Hon. Claude George | Talbot, Lord E. (Chichester) |
| Castlereagh, Viscount | Hill, Sir Clement | Valentia, viscount |
| Clyde, J. Avon | Hills, J. W. | Walker, Col. W. H. (Lancashire) |
| Coates, Major E. F. (Lewisham) | Kerry, Earl of | Williams, Col. R. (Dorset, W.) |
| Courthope, G. Loyd | King, Sir Henry Seymour (Hull) | Winterton, Earl |
| Dickson, Rt. Hon. C. Scott | Lamont, Norman | |
| Douglas, Rt. Hon. A. Akers- | Nicholson, Wm. G. (Petersfield) | TELLERS FOR THE AYES.—Mr. Fell and Sir W. Bull. |
| Essex, R. W. | Pease, Herbert Pike (Darlington) | |
| Faber, George Denison (York) | Priestley, Sir W. E. B. (Bradford, E.) |
NOES.
| ||
| Acland, Francis Dyke | Beale, W. P. | Clough, William |
| Ainsworth, John Stirling | Berridge, T. H. D. | Clynes, J. R. |
| Allen, Charles P. (Stroud) | Birrell, Rt. Hon. Augustine | Collins, Stephen (Lambeth) |
| Ashton, Thomas Gair | Bowerman, C. W. | Condon, Thomas Joseph |
| Balfour, Robert (Lanark) | Brunner, J. F. L. (Lancs., Leigh) | Cooper, G. J. |
| Baring, Godfrey (Isle of Wight) | Burns, Rt. Hon. John | Corbett, A. Cameron (Glasgow) |
| Barker, Sir John | Carr-Gomm, H. W. | Corbett, C. H. (Sussex, E. Grinstead) |
| Barry, Redmond J. (Tyrone, N.) | Channing, Sir Francis Allston | Cotton, Sir H. J. S. |
Motor cars—
| £ | s. | d. | |
| Exceeding 6½, but not exceeding 12 h.p. | 3 | 3 | 0 |
| Exceeding 12 but not exceeding 16 h.p. | 4 | 4 | 0 |
| Exceeding 16 but not exceeding 26 h.p. | 6 | 6 | 0 |
| Exceeding 26 but not exceeding 33 h.p. | 8 | 8 | 0 |
| Exceeding 33 but not exceeding 40 h.p. | 10 | 10 | 0 |
| Exceeding 40 but not exceeding 60 h.p. | 21 | 0 | 0 |
| Exceeding 60 | 42 | 0 | 0 |
Amendments made: In paragraph (1) to leave out the word "printed" ["legibly and visibly 'printed'"] and to insert instead thereof the word "painted."—[ Mr. Lloyd-Georye.]
To insert, after paragraph (2), the following, "(3) To a motor car kept by a duly qualified medical practitioner while it is being used by him for the purposes of his profession."—[ Mr. Lloyd-George.]
moved, after the words last added, to insert the following, "(4) To a motor car used by a veterinary surgeon for the purposes of his profession."
Question put, "That the words proposed be there inserted."
The Committee divided: Ayes, 53; Noes, 143.
| Cowan, W. H. | Lamb, Edmund G. (Leominster) | Roberts, Charles H. (Lincoln) |
| Crossley, William J. | Layland-Barratt, Sir Francis | Roberts, G. H. (Norwich) |
| Davies, David (Montgomery Co.) | Lehmann, R. C. | Robinson, S. |
| Davies, Sir W. Howell (Bristol, S.) | Lever, A. Levy (Essex, Harwich) | Roe, Sir Thomas |
| Dickinson, W. H. (St. Pancras, N.) | Levy, Sir Maurice | Rogers, F. E. Newman |
| Duckworth, Sir James | Lewis, John Herbert | Rose, Sir Charles Day |
| Duncan, J. Hastings (York, Otley) | Lloyd-George, Rt. Hon. David | Rowlands, J. |
| Dunn, A. Edward (Camborne) | Lupton, Arnold | Samuel, Rt. Hon. H. L. (Cleveland) |
| Dunne, Major E. Martin (Walsall) | Macdonald, J. M. (Faikirk Burghs) | Scott, A. H. (Ashton-under-Lyne) |
| Elibank, Master of | M'Laren, Sir C. B. (Leicester) | Seely, Colonel |
| Erskine, David C. | M'Laren, H. D. (Stafford, W.) | Shackleton, David James |
| Evans, Sir S. T. | Manfield, Harry (Northants) | Shaw, Sir Charles E. (Stafford) |
| Everett, R. Lacey | Markham, Arthur Basil | Sheehy, David |
| Flynn, James Christopher | Marnham, F. J. | Silcock, Thomas Ball |
| Fullerton, Hugh | Massie, J. | Simon, John Allsebrook |
| Gladstone, Rt. Hon. Herbert John | Masterman, C. F. G. | Stanley, Hon. A. Lyulph (Cheshire) |
| Goddard, Sir Daniel Ford | Middlebrook, William | Strachey, Sir Edward |
| Gooch, George Peabody (Bath) | Mond, A. | Straus, B. S. (Mile End) |
| Greenwood, G. (Peterborough) | Montgomery, H. G. | Summerbell, T. |
| Gulland, John W. | Morgan, G. Hay (Cornwall) | Taylor, Theodore C. (Radcliffe) |
| Harcourt, Rt. Hon. L. (Rossendale) | Morrell, Philip | Tennant, Sir Edward (Salisbury) |
| Harcourt, Robert V. (Montrose) | Morse, L. L. | Tennant, H. J. (Berwickshire) |
| Harmsworth, Cecil B. (Worcester) | Murphy, John (Kerry, E.) | Thomas, Abel (Carmarthen, E.) |
| Harmsworth, R. L. (Caithness-shire) | Murray, Capt. Hon. A. C. (Kincard.) | Toulmin, George |
| Hedges, A. Paget | Newnes, F. (Notts, Bassetlaw) | Ure, Rt. Hon. Alexander |
| Helme, Norval Watson | Nicholls, George | Ward, W. Dudley (Southampton) |
| Henderson, Arthur (Durham) | Nicholson, Charles N. (Doncaster) | Wason, Rt. Hon. E. (Clackmannan) |
| Henry, Charles S. | Norman, Sir Henry | Wason, John Cathcart (Orkney) |
| Higham, John Sharp | O'Brien, K. (Tipperary, Mid) | Watt, Henry A. |
| Hobart, Sir Robert | O'Kelly, Conor (Mayo, N.) | White, J. Dundas (Dumbartonshire) |
| Hobhouse, Rt. Hon. Charles E. H. | O'Shee, James John | Miles, Thomas |
| Hogan, Michael | Parker, James (Halifax) | Wilkie, Alexander |
| Horniman, Emslie John | Partington, Oswald | Williamson, Sir A. |
| Howard, Hon. Geoffrey | Paulton, James Mellor | Wills, Arthur Walters |
| Illingworth, Percy H. | Pearce, Robert (Staffs, Leek) | Wilson, Henry J. (York, W. R.) |
| Isaacs, Ruins Daniel | Philipps, Col. Ivor (Southampton) | Wilson, P. W. (St. Pancras, S.) |
| Jenkins, J. | Philipps, Owen C. (Pembroke) | Wilson, W. T. (Westhoughton) |
| Jones, Leif (Appleby) | Pollard, Dr. G. H. | |
| Jones, William (Carnarvonshire) | Ponsonby, Arthur A. W. H. | TELLERS FOR THE NOES.—Captain |
| King, Alfred John (Knutsford) | Reddy, M. | Norton and Mr. Whitley. |
| Laidlaw, Robert | Rendall, Athelstan |
Question, "That this be the Fifth Schedule to the Bill," put, and agreed to.
Sixth Schedule
Enactments Repealed
moved to amend the extent of repeal in the case of the Inland Revenue Act, 1880. The Schedule, as it stood, provided for the repeal of "Sections 40 to 45," and the Amendment was to repeal "Sections 40 to 42; Section 43, except Sub-section (7); and Sections 44 and 45."
The Member for North Dublin (Mr. Clancy) has an Amendment on the Paper relating to this Section. It is quite true that the Solicitor-General's Amendment is practically the same, but I think he has omitted Section 41. Under this Amendment, Section 41 will still be an operative Section, and I think he must amend the Amendment by inserting the words "forty-one."
As my Amendment cannot be moved, I think I ought to call attention to this extraordinary tax. It is really too bad that the public in Dublin should be worse by 10s. than the public in any other part of the country.
The question put by the hon. and learned Gentleman does not arise. Whether "Section 41" ought to be inserted or not I am not sure at the present moment, but perhaps the hon. Member will allow me to consider it on Report.
I would suggest that the words should run "Sections 40, 41, 42," and so on.
If my Amendment is carried, Sections 40 to 42 will be repealed, and that will include Section 41. But I will look into the matter.
Will the learned Solicitor-General take the opportunity now of telling us how the law with regard to Ireland stands?
Amendment agreed to.
Question proposed, "That the Schedule, as amended, be the Sixth Schedule of the Bill."
I wish to express a hope that, as one of the Acts to be repealed is an Act for the encouragement of trade, and as we on this side are in favour of the encouragement of trade,
Division No. 785.]
| AYES.
| [1.50 a.m.
|
| Acland, Francis Dyke | Hardie, J. Keir (Merthyr Tydvil) | Parker, James (Halifax) |
| Ainsworth, John Stirling | Harmsworth, Cecil B. (Worcester) | Partington, Oswald |
| Allen, Charles P. (Stroud) | Harmsworth, R. L. (Caithness-shire) | Paulton, James Mellor |
| Ashton, Thomas Gair | Hedges, A. Paget | Pearce, Robert (Staffs, Leek) |
| Balfour, Robert (Lanark) | Helme, Norval Watson | Philipps, Col. Ivor (Southampton) |
| Baring, Godfrey (Isle of Wight) | Henderson, Arthur (Durham) | Philippe, Owen C. (Pembroke) |
| Barker, Sir John | Henry, Charles S. | Pointer, J. |
| Barnes, G. N. | Higham, John Sharp | Pollard, Dr. G. H. |
| Barran, Rowland Hirst | Hobart, Sir Robert | Ponsonby, Arthur A. W. H. |
| Barry, Redmond J. (Tyrone, N.) | Hobhouse, Rt. Hon. Charles E. H. | Priestley, Sir W. E. B. (Bradford, E.) |
| Scale, W. P. | Hogan, Michael | Rendall, Athelstan |
| Berridge, T. H. D. | Horniman, Emslie John | Roberts, Charles H. (Lincoln) |
| Birrell, Rt. Hon. Augustine | Howard, Hon. Geoffrey | Roberts, G. H. (Norwich) |
| Bowerman, C. W. | Illingworth, Percy H. | Robinson, S. |
| Brunner, J. F. L. (Lancs., Leigh) | Isaacs, Rufus Daniel | Rogers, F. E. Newman |
| Burns, Rt. Hon. John | Jenkins, J. | Rose, Sir Charles Day |
| Carr-Gomm, H. W. | Jones, Leif (Appleby) | Rowlands, J. |
| Cawley, Sir Frederick | Jones, William (Carnarvonshire) | Samuel, Rt. Hon. H. L. (Cleveland) |
| Channing, Sir Francis Allston | King, Alfred John (Knutsford) | Scott, A. H. (Ashton-under-Lyne) |
| Clough, William | Laidlaw, Robert | Seddon, J. |
| Clynes, J. R. | Lamb, Edmund G. (Leominster) | Seely, Colonel |
| Collins, Stephen (Lambeth) | Lamont, Norman | Shackleton, David James |
| Cooper, G. J. | Layland-Barratt, Sir Francis | Shaw, Sir Charles E. (Stafford) |
| Corbett, A. Cameron (Glasgow) | Lehmann, R. C. | Sherwell, Arthur James |
| Corbett, C. H. (Sussex, E. Grinstead) | Lever, A. Levy (Essex, Harwich) | Silcock, Thomas Ball |
| Cotton, Sir H. J. S. | Levy, Sir Maurice | Simon, John Allsebrook |
| Cowan, W. H. | Lewis, John Herbert | Stanley, Hon. A. Lyulph (Cheshire) |
| Crossley, William J. | Lloyd-George, Rt. Hon. David | Strachey, Sir Edward |
| Davies, David (Montgomery Co.) | Lupton, Arnold | Straus, B. S. (Mile End) |
| Davies, Sir W. Howell (Bristol, S.) | Macdonald, J. M. (Falkirk Burghs) | Summerbell, T. |
| Dickinson, W. H. (St. Pancras, N.) | M'Laren, Sir C. B. (Leicester) | Taylor, Theodore C. (Radcliffe) |
| Duckworth, Sir James | M'Laren, H. D. (Stafford, W.) | Tennant, Sir Edward (Salisbury) |
| Duncan J. Hastings (York, Otley) | Manfield, Harry (Northants) | Tennant, H. J. (Berwickshire) |
| Dunn, A. Edward (Camborne) | Markham, Arthur Basil | Thomasson, Franklin |
| Dunne, Major E. Martin (Walsall) | Marnham, F. J. | Toulmin, George |
| Elibank, Master of | Massie, J. | Ure, Rt. Hon. Alexander |
| Erskine, David C. | Masterman, C. F. G. | Ward, W. Dudley (Southampton) |
| Essex, R. W. | Middlebrook, William | Wason, Rt. Hon. E. (Clackmannan) |
| Evans, Sir S. T. | Mond, A. | Wason, John Cathcart (Orkney) |
| Everett, R. Lacey | Montgomery, H. G. | Watt, Henry A. |
| Fiennes, Hon. Eustace | Morgan, G. Hay (Cornwall) | White, J. Dundas (Dumbartonshire) |
| Flavin, Michael Joseph | Morrell, Philip | Wiles, Thomas |
| Flynn, James Christopher | Morse, L. L. | Wilkie, Alexander |
| Fullerton, Hugh | Murphy, John (Kerry, East) | Williamson, Sir A. |
| Gladstone, Rt. Hon. Herbert John | Murray, Capt. Hon. A. C. (Kincard.) | Wilis, Arthur Walters |
| Goddard, Sir Daniel Ford | Newnes, F. (Notts, Bassetlaw) | Wilson, P. W. (St. Pancras, S.) |
| Gooch, George Peabody (Bath) | Nicholls, George | Wilson, W. T. (Westhoughton) |
| Greenwood, G. (Peterborough) | Nicholson, Charles N. (Doncaster) | |
| Gulland, John W. | Norman, Sir Henry | TELLERS FOR THE AYES.—Captain |
| Harcourt, Rt. Hon. L. (Rossendale) | O'Brien, K. (Tipperary, Mid) | Norton and Mr. Whitley. |
| Harcourt, Robert V. (Montrose) | O'Shee, James John |
NOES.
| ||
| Ashley, W. W. | Fell, Arthur | Renton, Leslie |
| Balcarres, Lord | Forster, Henry William | Renwick, George |
| Baldwin, Stanley | Gooch, Henry Cubitt (Peckham) | Rutherford, Watson (Liverpool) |
| Bridgeman, W. Clive | Haddock, George B. | Salter, Arthur Clavell |
| Brotherton, Edward Allen | Harris, Frederick Leverton | Stanier, Seville |
| Campbell, Rt. Hon. J. H. M. | Harrison-Broadley, H. B. | Starkey, John R. |
| Carlile, E. Hildred | Hay, Hon. Claude George | Talbot, Lord E. (Chichester) |
| Castlereagh, Viscount | Hills, J. W. | Valentia, Viscount |
| Clyde, J. Avon | Kerry, Earl of | Walker, Col. W. H. (Lancashire) |
| Coates, Major E. F. (Lewisham) | King, Sir Henry Seymour (Hull) | Williams, Col. R. (Dorset, W.) |
| Courthope, G. Loyd | Nicholson, Wm. G. (Petersfield) | Winterton, Earl |
| Dickson, Rt. Hon. C. Scott | Pease, Herbert Pike (Darlington) | |
| Douglas, Rt. Hon. A. Akers- | Randles, Sir John Scurrah | TELLERS FOR THE NOES.—Sir |
| Faber, George Denison (York) | Ratcliff, Major R. F. | F. Banbury and Sir W. Bull. |
my hon. Friends will divide against the Schedule.
The Committee divided: Ayes, 150; Noes, 39.
What has been thought to be a Preamble is not a Preamble. The paragraph is composed of enacting words, the form of which has been adopted for many-years, and my predecessors in this Chair have ruled that they cannot be amended.
Bill reported; as amended, to be considered upon Tuesday, 19th October.
Local Registration Of Title (Ireland) Bill
moved "That the Bill be now read a second time." I only want to say that this Bill is agreed to by all parties in Ireland, and that it is for the rectification of a serious administrative difficulty which has arisen in the county of Cork. Unless the Bill is passed, the objects of the promoters will be delayed. All parties agree that it is most necessary that the Bill should become law, and I therefore move that it be read a second time.
The Chief Secretary has said that this Bill is absolutely necessary for the conduct of business in Ireland, and that if delayed it will cause very serious inconvenience. That, I think, is ample proof that the placing of this Bill among the dregs of the Session, and the bringing of it up at two o'clock in the morning, instead of as the first Order of the day, is not only an outrage on Parliamentary procedure, but an outrage on Ireland.
2.0 A.M.
I hope the House will allow this Bill to go through. I have had an opportunity of studying it. It is a very generous and very courageous attempt, at a rather late hour I admit, on the part of the Government to settle a very difficult question which has arisen, and which has been the subject matter of litigation and friction for the past four years. The right hon. Gentleman the Chief Secretary for Ireland has devised a very excellent remedy for it, to which all parties have assented. As the matter is an urgent one in the interests of the Irish people concerned in the registration of land, I would ask the House to accept the Bill.
Bill read a second time.
I move "That this Bill be committed to a Committee of the whole House."
Question put, and agreed to.
Committee to sit to-morrow, Thursday.
Health Resorts And Watering Places (Ireland) Bill
[Mr. EMMOTT, Deputy-Speaker, in the chair.]
Considered, as amended.
I rise to protest against this Bill being taken now. It is not even printed. Last night it was under discussion, and the Solicitor-General for Ireland moved or approved certain Amendments, which he said were merely drafting Amendments.
The hon. Member cannot object to the Bill being taken.
On a point of Order. Is it permissible that a Bill should be submitted to a vote of the House without being printed? The Bill was substantially amended and has not since been reprinted. I was in the Vote Office an hour ago to get a copy of it, and was informed that it had not been reprinted.
I find that this being a private Member's Bill, the hon. Member can object to its being taken.
May I appeal to the hon. Member for Hoxton to give way? I do not profess myself to know anything about the Bill, but I know it is backed by hon. Members representing all parties in Ireland. There is no opposition to it so far as I know, and I suggest it would be a gracious act on the part of the hon. Member to withdraw his objection.
May I also appeal to the hon. Member to allow this Bill to proceed? It is absolutely non-contentious and is backed by Members of all parties in Ireland. That it is non-contentious is shown by the fact that the hon. and gallant Member for East Down (Captain Craig) and myself have both backed the Bill, and any Bill he and I agree upon must be non-contentious. I would remind the hon. Member that we do not know what is going to happen in politics in the next few days. There may be a General Election and this Bill may be massacred amongst others. It is really a simple Bill to protect Irish seaside resorts against growing foreign competition. It is therefore really a Tariff Reform measure, and as the Government is giving facilities for it, I think the hon. Member for Hoxton ought to be delighted to see signs of grace from such a quarter.
I must support my hon. Friend. I am interested in Ireland, and when I went to the Vote Office to get a copy of the Bill to see what it was, I was unable to obtain one. I do not even know what Amendments have been made.
They were on the Order Paper yesterday.
Does the hon. Member for Hoxton persist in his objection?
Yes, Sir.
Consideration of Bill accordingly deferred until to-morrow.
Whereupon Mr. DEPUTY-SPEAKER, in pursuance of the Order of the House of 20th August, adjourned the House without Question put.
Adjourned at Five minutes after Two o'clock a.m. Thursday, 7th October, 1909.