House Of Commons
Friday, 18th August, 1911.
The House met at Twelve of the clock, Mr. SPEAKER in the Chair.
Private Business
Watson's Divorce Bill Lords
I beg to move, "That Standing Order 204 be suspended, and that the Bill be now read a second time." I may explain that this Bill affects an officer who is on leave, and who has to return to India in November or early in December. If the House will agree to the Motion it will enable the Select Committee to deal with the Bill as soon as the House resumes in October.
Question put, and agreed to.
Motion made and Question proposed, "That the Bill be now read a second time."
May I ask if the Bill will come before the Committee in the ordinary way if the Second Reading is passed now?
That is so.
Question put, and agreed to.
Bill accordingly read a second time, and committed.
Agricultural Credit And Insurance Societies Bill Lords
Read the first time; to be read a second time upon Tuesday next, and to be printed.
Conveyancing Bill Lords
Read the first time; to be read a second time upon Tuesday next, and to be printed.
Shop Hours Act, 1904
Copies presented of two Orders made by the Council of the county of Cornwall, and confirmed by the Secretary of State for the Home Department, fixing the hours of closing for certain classes of shops within the Borough of Falmouth [by Act]; to lie upon the Table.
Oral Answers To Questions
Southern Nigeria (Cold Storage In Lagos)
asked the Secretary of State for the Colonies, whether his attention has been drawn to the fact that the Government of Southern Nigeria are making arrangements to discontinue the manufacture of ice and also of their provision for cold storage in Lagos, and are inviting the formation of a private company to take over the work hitherto performed by the Government; whether the past efforts of the Government have been a failure, and, if not, what are the reasons for the change; and what steps, if any, he proposes to take in the matter?
I have no information as to the Refrigerating Plant at Lagos of later date than December, 1909. A report then submitted by the Colonial Government was to the effect that the plant was working satisfactorily. I am asking for a further report on the subject.
Admiralty Contracts (Fair Wages)
asked the First Lord of the Admiralty whether he was aware that Messrs. Lloyd, Dockhead, contractors to the Admiralty, have been in the habit of paying packing-case and box makers wages at the rate of 5½d. to 7d. per hour, whereas the current rate for this class of work is from 8d. to 10d.; whether this was an infringement of the Fair-Wages Resolution of the House of Commons; and, if so, would he take the necessary steps to have the standard rate paid?
We have had no complaint respecting the rates of wages paid by the firm in question. If my hon. Friend will send me detailed particulars respecting an alleged infringement of the Fair-Wages Clause I will have the matter inquired into.
Haulbowline Dockyard
asked the First Lord of the Admiralty whether he is aware that reductions have taken place in the staff of workmen employed at Haulbowline dockyard, and that, in consequence of the closing of the Passage Docks, the only shipbuilding works in the South of Ireland, the workmen dismissed from Haul-bowline have no chance of securing work in the district; and now that the extension works at Haulbowline have been completed, and will be formally opened by the Lord Lieutenant of Ireland on Monday next, the 21st instant, will he utilise the facilities provided by sending sufficient work to keep the staff fully engaged?
No reduction in the staff of workmen employed at Haulbowline has taken place, with the exception of six deck hands of a dredger, discharged on 16th July on the completion of the dredging work and the departure of the dredger for Portland. The workmen engaged in the dock extension were employed by contractors, and were discharged in June last on the completion of the work. I understand that the date for the opening of the dock extension is the 31st instant, and not the 21st, as stated in the question.
May I ask the right hon. Gentleman from what source he got his information? The local men suspected that it was given by some of the contractor's men. I have been informed that the majority——
The hon. Gentleman should ask for information and not give it.
My question arises out of the answer given by the right hon. Gentleman.
That may be so, but the hon. Member is not entitled to contradict it. He should accept the answer, or ask for further information.
London Telephone Exchange (Wiremen's Wages)
asked the Postmaster-General if the Peel Connah Telephone Company, of Salford, are carrying out work for his Department at a new telephone exchange in London; and, if so, whether this firm are employing telephone wiremen at the rate of 7d. per hour, although the rate for men of this trade is 9½d. per hour; and, if the facts are as stated, whether he will take the necessary steps to compel the firm to pay the trade union rate?
The company are carrying out work for a new London telephone exchange. The rate of 9½d. appears to be that shown by the Board of Trade as the standard time rate for electric fitters and wiremen, but I am assured that the wiring work in a telephone exchange does not require the same skill and is not of the same class as that of power and light electric fitters and wire-men for whom presumably the rate was fixed. So far as I am aware there is no standard rate for telephone wiring work, but I will make further inquiry into the matter and will communicate with the hon. Member.
Would the right hon. Gentleman be willing to receive further particulars from the trade union concerned?
Yes, Sir; I shall be very glad indeed to have any further information.
May I ask if it is customary to recognise as fair a firm which on other classes of work pays unfair wages?
No, Sir. My right hon. Friend the President of the Board of Trade stated a year or two ago that if a firm was a notoriously bad employer it would not be retained on the list of Government contractors, even although the wages paid to the workmen engaged on a Government contract were strictly in accordance with the Fair-Wages Clause. But I have no information before me which would lead me to conclude that this particular company falls into that class.
May I ask the right hon. Gentleman whether his Department could see their way to adopt the same attitude as corporations, namely, to insist that trade union wages should obtain throughout the whole of a contractor's employment, whether the work is being done under Government contract or not?
The attitude of the Government was declared on the occasion of the debate. I do not think we should be justified if we had a very small contract with some large firm in investigating all the conditions of employment in that firm's factories, and insisting that in every particular trade union wages should be paid for other work.
Small Holdings
asked the Parliamentary Secretary to the Board of Agriculture whether he will use his influence to prevent the compulsory purchase by the Hunts County Council of Park House Farm, Farcet, in view of the fact that the tenant has already been dispossessed of a farm compulsorily taken for small holdings and retains this farm alone, in view also of the fact that the farm is already a small holding and in view of the circumstances in which the local parish committee recommended the purchase?
I do not think that the Board could properly intervene at the present stage. If the county council decide to make an order the Board would have to consider, judicially, whether it should be confirmed, and before any such decision were given a local inquiry would be held at which both owner and occupier would be afforded full opportunity for stating their objections.
Bread (Nutritive Value)
asked the President of the Local Government Board whether, in view of the opinion expressed by Dr. J. M. Hamill in. his recently published Report to the Board on the nutritive value of different varieties of bread to the effect that, in the case of poor persons whose food consists principally of bread, it is important to recognise the fact that a loaf made from households or stone-ground or standard flour possesses more available nutrient material and energy value than one made from pure white flour, he proposes to take any and, if any, what steps to bring this fact to the notice of working men and their wives throughout the country?
Copies of Dr. Hamill's Report have been sent to the Press, and will also, no doubt, be shortly in the hands of medical officers. I have no reason to suppose that sufficient publicity will not be secured by these means for the conclusions arrived at.
Does the hon. Gentleman realise how exceedingly important this Report is to those poor people who cannot supplement their bread food with other kinds of food?
Yes, Sir, and adequate means will be taken for the publication of the Report.
National Insurance Bill
Agricultural Labourers
asked the Chancellor of the Exchequer if he will now state the exact terms of the proposed new Clause of the National Insurance Bill, providing for an alternative method of insurance for agricultural labourers and others in like employment, which he promised during the Debate on Clause 4 of the Bill?
My right hon. Friend is afraid that as the provisions of the Amendment promised on the occasion referred to are still under consideration, he is not yet in a position to comply with the hon. Member's request?
Will the hon. Gentleman ask the Chancellor of the Exchequer to take means to have his Amendments circulated to Members of the House, although the House be not sitting, before we are asked to resume the discussion of the Bill?
Certainly.
Is the right hon. Gentleman aware that a month ago the Chancellor of the Exchequer said that this Clause was available to any Members on this side who would like to ask to see it?
May I at the same time ask the right hon. Gentleman whether in view of the importance of eliciting agricultural opinion on the question the Amendments received would not be generally circulated for publication?
I will mention that also.
Government Contracts (Fair-Wages Clause)
asked the Undersecretary of State for War whether he is aware that Messrs. Lloyd, Dockhead, contractors to the department, have been in the habit of paying packing-case and box makers wages at the rate of 5½d. to 7d. per hour, whereas the current rate for this class of work is from 8d. to 10d.; whether this is an infringement of the Fair-Wages Resolution of the House of Commons; and, if so, will he take the necessary steps to have the standard rate paid?
Inquiry shall be made into this case, and the firm referred to shall be instructed to adhere strictly to the Fair-Wages Clause if the facts are as stated.
House Letting And Rating (Scotland) Bill
asked the Prime Minister if he can give an undertaking that the House Letting and Rating (Scotland) Bill will be passed through all its stages during the present year?
It is certainly the intention of the Government to pass this Bill into law this year.
Labour Disputes
May I ask the right hon. Gentleman whether he can make any further statement in relation to the unrest connected with the trades disputes?
There have been no disturbances in London, but there have been in connection with the railway strike several attempts to commit outrage on railway property with a view to stop the working of the railways. It is very important that railway men should understand that such acts are crimes of a grave character which are punishable with penal servitude. At Liverpool the night passed quietly, and there has been no riots. But the sanitary services are suspended, and many of the bakers' shops are closed; and a scarcity of food is now imminent which will cause much suffering among the poorest classes. A landing party from the cruiser "Antrim" is assisting in the protection of the docks. Manchester is perfectly quiet, the strike leaders having appealed for order; but the railway service is greatly disorganised. Sheffield was quiet during the night, but this morning there was a small disturbance arising from a coal cart being upset by strikers. The convoys of perishable goods are being got through. At Derby there was a serious attack on the goods station last night. The rioters broke into the goods station and did much damage, but were driven out on the arrival of police reinforcements. The night passed quietly, but at eleven this morning crowds were again gathering. Cardiff is reported quiet. The attitude of the strikers is peaceful and goods vans can be got out from the station. There was disturbance early this morning at Llanelly, and the mail vans were stopped, but it is understood that the trouble subsided on the arrival of a company of Infantry, and the trains were allowed to proceed. It is too early as yet to measure the extent of the railway strike, but the Government are taking, and will take, all necessary steps to make sure that supplies of food, fuel, and other essentials are not interrupted on the railways or at the ports, and that all services which are vital to the life of the community are maintained. They will do this, not because they are on the side of the employers or of the workmen, but because they are bound at all costs to protect the public from the dangers and miseries which famine and a general arrest of industry would entail. The means by which the millions of people in this island get their daily livelihood are highly artificial, and any serious breakdown, no matter from what cause, would lead to the starvation of great numbers of the poorer people. It is not the well-to-do who would suffer, either from dear food or a stoppage of railways and trams, or from a failure of light, water, or electric power. It is the working classes, particularly in the great cities and those dependent upon them who would certainly be the victims, and who would be quite helpless if the machinery by which they are fed and obtain wages were thrown seriously out of gear. The Government believe that the arrangements which have been made to safeguard the working of the railways and to maintain order will prove effective. If not, other measures even of a larger scope will have to be taken promptly, so that the transport of everything really necessary will be assured. There is no escape from these facts, and as they affect the food of the people and the safety of the country they are far more important than anything else.
Can the right hon. Gentleman give an answer to my question as to who is responsible for the Gordon Highlanders having been sent to Sheffield, seeing that the Lord Mayor, who is the Chief city authority, denies having sent for them?
Before the right hon. Gentleman answers that question I would also ask him if he can give any information as to the progress of the negotiations now going on to arrive at a settlement?
I have not the information which the hon. Member for Sheffield asks of me, but it will be obtained in the course of the afternoon. So far as the very important question of the hon. Member for Blackfriars is concerned, I am told to-day that any statement on that subject at present would not be advantageous, and the House must be asked to wait for any statement. The negotiations which are being conducted would not be furthered by any discussion upon them at the present time.
May I ask the right hon. Gentleman whether he considers that the upsetting of a coal-car is a method of peaceful persuasion, and, if not, will he take the necessary steps to see that peaceful persuasion is not abused?
I wish to ask the Government whether they propose to proceed with their Motion for adjourning the House until October?
A statement upon that point will be made later in the day. The Government are bearing in mind the effect which the situation in the country must necessarily have on the sittings of this House.
I should like to ask whether the Government, in considering the ultimate steps to be taken to secure the food supply of the people will consider the advisability of some legislation to take over the transport organisation of the country, and run it as a national concern, so that it should not be dependent upon the whims of managers and others not to meet the men who have grievances?
I cannot speak about legislation, but I think it is clear that there are special obligations on the people who are charged with such necessary arrangements.
Has the right hon. Gentleman any special news from Doncaster and Leeds?
I have not brought the reports with me to the House.
| County, Lordship or Manor, and Parish or group of Parishes. | Unenclosed Waste Land still belonging to Crown. | Land formerly belonging to the Crown and sold since 1788, subject to a reservation of Mineral Rights (excluding Allotments) (under Inclosures). | Lands divided and allotted under Inclosure Acts, subject to a reservation of the Crown Mineral Rights (including Crown Allotments). | Total Area. | |
| Area. | Reference to Inclosure Act and A ward and Place of Deposit of Award. | ||||
| Acres. | Acres. | Acres. | Acres. | ||
| [Mr. Ellis Griffith.] | |||||
Is it the intention of the Government to put down the Motion for the Adjournment as the first order, so that we may hear and discuss any further statement of the Government?
I think it would be more convenient that the House should go through the Orders on the Paper. The Government are very anxious to consult the convenience of the House and to see that proper opportunities are given for the discussion of matters which are occupying all our minds.
Does the right hon. Gentleman recognise the general desire which exists among many Members that the House should not separate until this dispute is settled?
I do not know whether my right hon. Friend has seen the reports as regards an arrangement between the shipowners and the dockers of Liverpool? Has he any further information on the matter, or is there any way in which the Government may facilitate these two warring elements coming together?
I have no information on that point, but the President of the Board of Trade will be in the House in the course of the day and he may be able to give an answer as to how best to lessen the widening breaches which are growing up between them, and which, if continued, must gravely imperil the situation.
Crown Lands (Wales And Monmouthshire)
Return ordered showing Land in Wales and Monmouthshire, now or formerly Common Land, over which the Crown possesses rights:—
Consolidated Fund (Appropriation) Bill
Bill read the third time, and passed.
Official Secrets Bill Lords
Motion made and Question proposed, "That the Bill be now read a second time."
I wish to know whether it is proposed to get the various stages of this Bill to-day. Is there some special reason? I have only one objection to make in reference to Clause 9, but if we are not taking the Committee stage to-day, I will defer my observations until after the Recess. But perhaps it will be convenient to explain my point. Sub-section (2) of Clause 9 provides that where it appears to the superintendent of police there is a case of emergency, and that in the interest of the State immediate action is necessary, he may give to any constable such authority as may be given by the warrant of a justice of the peace. That seems to me to be conferring great powers on the police, and I take very strong objection to the multiplication of the powers of officials. The Sub-section gives very large powers to the constable, but I desire to be reasonable, and if those powers were conferred on an officer of superior rank and special training, a sergeant of police or someone in a higher position, I think I could withdraw my objection. To give an ordinary constable power to arrest people who are taking photographs of a signalling station, perhaps, seems to me to be going too far. I think where the superintendent of police has these extraordinary powers, dispensing with the magistrate, he ought to select a competent sergeant; otherwise the people's liberty might be involved, and a great deal of harm might be done. People might be put in a very serious position, and might be prejudiced for the rest of their lives by reason of the action of some inexperienced constable. With regard to the rest of the Bill, although I do not like some of it, I understand that it is necessary.
With regard to the point raised by my hon. Friend as to Clause 9, of course it is the justice of the peace who is the responsible person, and he will not issue a warrant except on good grounds.
I referred to Sub-section (2), Clause 9.
I agree with the hon. Member on that point, but I would say that it is the general opinion that it is necessary there should be some amendment of the law. I agree that the powers should be placed in the hands of a responsible officer, but where immediate action is necessary, perhaps a sergeant or higher officer might not be on the spot, and it would be necessary to empower a constable. We desire, wherever possible, that the powers to be applied shall only be exercised by highly responsible persons. I do not think it is possible, however, to lay that down in certain cases without making the Bill of little effect. Certainly, wherever possible, the warrant should be issued to an officer of higher rank than a constable. My hon. Friend has pointed out that the superintendent of police is the person in authority, and, except in cases of emergency, I think his point under Sub-section (2) will be met by drafting instructions to be given in all cases to an officer of higher rank, who should exercise those powers.
Does the right hon. Gentleman want to pass the Bill through all its stages to-day?
If the House agrees to pass the various stages of the Bill to-day it will be a great convenience. This Bill is not aimed at anybody in particular, but it is highly necessary that it should be passed. Every other country has legislation of this kind, I understand, and in no case would the powers be used to infringe any of the liberties of His Majesty's subjects.
I am not going to obstruct the passage of the Bill, but I should like to say that it is certainly a very unusual and a very extraordinary thing to pass such a Bill without an opportunity of discussing it. Although I do not wish to insist upon the point, I submit that all the stages of a Bill ought not to be dealt with in this House without a proper opportunity of discussing every Clause.
Of course, this House knows that the principle of this Bill is not new. There is an Act already in force, the Act of 1889, but it has been found in practice that there are certain points which were not foreseen at the time that Act was passed. There is nothing novel in the principle of the Bill which the House is being asked to accept now. Therefore, it is desirable and necessary to remodel the legislation, in order to adapt it to particular circumstances or emergencies.
It upsets Magna Charta altogether.
I share the view of my hon. Friend that this Bill really ought to have very careful consideration by Members of the House, and ought to be fully debated on the Second Reading. I do not profess to be an expert in these matters, but there are legal Members of the House who would be able to advise us on the rather stringent provisions which I find in this measure. I refer to Sub-section (2) of Clause 1, which says: "It shall not be necessary to show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the safety or interests of the State, and, notwithstanding that no such act is proved against him, he may be convicted." That certainly strikes me, a layman, as a very startling innovation upon our ordinary legal precedents. I hope, before this Debate closes, some eminent legal authority who knows how to safeguard the ancient liberties of this country, will direct his attention to these various provisions, and will give the House some enlightenment on the subject.
I wish to put a small point to the Attorney-General with regard to the interpretation of the words "any prohibited place." It appears from the Clause that ft refers to any person who approaches "any prohibited place" within the meaning of the Act. In Clause 3 a "prohibited place" is defined as "any work of defence, arsenal, factory, dockyard, camp, ship, telegraph or signal station, or office belonging to His Majesty, and any other place belonging to His Majesty," etc. I suppose that applies to the various properties which belong to His Majesty in the sense of belonging to the State.
To the Crown.
That would be the natural interpretation of the Bill as it stands.
The hon. Member for Salford (Sir W. Byles) has in his mind the words of Sub-section (2) of Clause 1; but it is perfectly plain that there may be an intention or a purpose prejudicial to the State, though it might be difficult to prove any overt act. It was a very difficult thing to administer the old Act, and it is essential to have this provision. The sense of justice in this country is perfectly fair to all persons, and there would be no danger to anyone engaged in something perfectly innocent. It would undoubtedly give power, which at present does not exist, to the prosecution to bring the matter before the Court.
I take it that this means that it is perfectly plain to the judge, and not simply to the prosecution?
was understood to assent.
Question put, and agreed to.
Resolved, that this House do immediately resolve itself into Committee on the Bill.—[ Colonel Seely.]
Bill accordingly considered in Committee.
[Mr. EMMOTT in the Chair.]
Clause 1—Penalties For Spying
(1) If any person for any purpose prejudicial to the safety or interests of the State—
he shall be guilty of felony, and shall be liable to penal servitude for any term not less than three years and not exceeding seven years.
(2) On a prosecution under this Section, it shall not be necessary to show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the safety or interests of the State, and, notwithstanding that no such act is proved against him, he may be convicted if, from the circumstances of the case, or his conduct, or his known character as proved, it appears that his purpose was a purpose prejudicial to the safety or interests of the State; and if any sketch, plan, model, article, note, document, or information relating to or used in any prohibited place within the meaning of this Act, or anything in such a place, is made, obtained, or communicated by any person other than a person acting under lawful authority, it shall be deemed to have been made, obtained, or communicated for a purpose prejudicial to the safety or interests of the State unless the contrary is proved.
Motion made and Question proposed, "That the Clause stand part of the Bill."
Would it not be possible for the words "if from the circumstances of the case it appears" [Subsection (2)], to insert the words, "if shown to the satisfaction of the Court."
On a point of Order. Did you put the question, "That the Clause stand part of the Bill"?
Question put, "That the Clause stand part of the Bill."
Mr. Illingworth and Mr. Gulland were appointed Tellers for the Ayes, but there being no Members willing to act as Tellers for the Noes the Chairman declared the Ayes had it.
Motion made and Question proposed, "That Clause 2 stand part of the Bill."
Division No. 339.]
| AYES.
| [12.45 P.m.
|
| Acland, Francis Dyke | Harcourt, Rt. Hon. L. (Rossendale) | O'Brien, Patrick (Kilkenny) |
| Baird, John Lawrence | Harmsworth, Cecil (Luton, Beds.) | Pearce, Robert (Staffs, Leek) |
| Barnes, George N, | Haslam, Lewis (Monmouth) | Pease, Herbert Pike (Darlington) |
| Bathurst, Charles (Wilts, Wilton) | Havelock-Allan, Sir Henry | Peto, Basil Edward |
| Beck, Arthur Cecil | Haworth, Sir Arthur A. | Pointer, Joseph |
| Benn, W. (T. H'mts., St. George) | Hayward, Evan | Price, C. E. (Edinburgh, Central) |
| Booth, Frederick Handel | Hinds, John | Pringle, William W. R. |
| Boyton, James | Hobhouse, Rt. Hon. Charles E. H. | Quilter, William Eley C. |
| Bridgeman, William Clive | Hodge, John | Rattan, Peter Wilson |
| Burke, E. Haviland | Hohler, Gerald Fitzroy | Rainy, Adam Holland |
| Champion, W. R. | Howard, Hon. Geoffrey | Rea, Rt. Hon. Russell (South Shields) |
| Carlile, Sir Edward Hildred | Hunt, Rowland | Roberts, Charles H. (Lincoln) |
| Carr-Gomm, H. W. | Hunter, William (Lanark, Govan) | Robertson, John M. (Tyneside) |
| Cassel, Felix | Isaacs, Rt. Hon. Sir Rufus | Roch, Walter F. (Pembroke) |
| Castlereagh, Viscount | Jones, Edgar R. (Merthyr Tydvil) | Roche, Augustine (Louth) |
| Chamberlain, Rt. Hon. J. A. (Worc'r.) | Jones, Leif Stratten (Notts, Rushcliffe) | Samuel, Rt. Hon, H. L. (Cleveland) |
| Chancellor, Henry George | Jones, William (Carnarvonshire) | Scanlan, Thomas |
| Chaplin, Rt. Hon. Henry | Joynson-Hicks, William | Scott, A. MacCalum (Glas., Bridgeton) |
| Churchill, Rt. Hon. Winston S. | Kinloch-Cooke, Sir Clement | Seely, Col. Rt. Hon. J. E. B. |
| Clough, William | Lambert, Richard (Wilts, Cricklade) | Shortt, Edward |
| Collins, Stephen (Lambeth) | Leach, Charles | Simon, Sir John Allsebrook |
| Craik, Sir Henry | Lewis, John Herbert | Smith, H. B. Lees (Northampton) |
| Crooks, William | Mackinder, Halford J. | Thorne, G. R. (Wolverhampton) |
| Davies, Timothy (Lincs., Louth) | Macnamara, Rt. Hon. Dr. T. J. | Trevelyan, Charles Philips |
| Duncan, C. (Barrow-in-Furness) | Macpherson, James Ian | Ure, Rt. Hon. Alexander |
| Elibank, Rt. Hon. Master of | McNeill, Ronald (Kent, St. Augustine) | Valentia, Viscount |
| Essex, Richard Walter | Markham, Sir Arthur Basil | Ward, John (Stoke-upon-Trent) |
| Fisher, Rt. Hon. W. Hayes | Marks, Sir George Croydon | Ward, W. Dudley (Southampton) |
| Flannery, Sir J. Fortescue | Marshall, Arthur Harold | Waring, Walter |
| George, Rt. Hon. D. Lloyd | Molteno, Percy Alport | Warner, Sir Thomas Courtenay |
| Gibbs, George Abraham | Montagu, Hon. E. S. | White, J. Dundas (Glasgow, Tradeston) |
| Gordon, Hon. John Edward (Brighton) | Morrell, Philip | Wilson, W. T. (Westhoughton) |
| Grant, J. A. | Morton, Alpheus Cleophas | Wood, Rt. Hon. T. McKinnon (Glas.) |
| Greenwood, Glanville G. (Peterborough) | Munro, Robert | |
| Greenwood, Hamar (Sunderland) | Murray, Capt. Hon. Arthur C. | TELLERS FOR THE AYES—Mr. Illingworth and Mr. Gulland.
|
| Gretton, John | Norman, Sir Henry | |
| Guest, Hon. Frederick E. (Dorset, E.) | Norton, Captain Cecil William |
What has become of Clause1?
Clause 1 is passed. I asked for Tellers for the "Noes," and I did not get any.
I said I would be a Teller, and the hon. Member for West Bradford (Mr. Jowett) also said he would be a Teller.
I am sorry it did not reach me.
I cannot help feeling that there was a deliberate attempt to prevent our dividing.
If the hon. Member applies that observation to me it is not a proper observation to make. I was very careful.
Question put, and agreed to.
Motion made, and question proposed, "That the Chairman do report the Bill without Amendment."
Question put.
The Committee divided: Ayes, 107; Noes,10.
NOES.
| ||
| Adamson, William | King, Joseph (Somerset, North) | Snowden, Philip |
| Bowerman, Charles W. | Lansbury, George | |
| Hardie, J. Keir (Merthyr Tydvil) | Macdonald, J. Ramsay (Leicester) | TELLERS FOR THE NOES.—Sir W. Byles and Mr. Jowett.
|
| Harvey, T. E. (Leeds, W.) | Richardson, Thomas (Whitehaven) | |
| Henderson, Arthur (Durham) | ||
Bill reported without Amendment.
Motion made and Question proposed, "That the Bill be now read the third time."
I do not wish to discuss this Bill, but I think that we who sit on the Back Benches are entitled to hear an appeal that in the interest of the public service this Bill should be allowed to pass so quickly. I am not prepared to give way unless that appeal is made to the House. I do not want to be at all objectionable, but the way that this Bill is going through—a Bill which would have been all the better for a detailed examination, is somewhat distressing for me to see. At the same time if any appeal can be made on behalf of the Government that it will serve the public interest to pass the Bill at this speed, I am willing to give way.
I can certainly make that appeal with a perfectly clear conscience. It is undoubtedly in the public interest that this Bill should be passed, and passed at once. It is highly undesirable, no doubt, that any Bill should go through its stages so rapidly as this has done, and it certainly cannot be taken as a precedent. If my hon. Friends will read the Bill they will see that though the actual change in the law is slight, and it is perfectly true to say that none of His Majesty's loyal subjects run the least risk whatever of having their liberties infringed in any degree or particular whatever, nevertheless there are circumstances which may arise and have arisen which, in the opinion of His Majesty's Government, make it very necessary that this Bill should be passed into law. I therefore make the appeal frankly to the House that they should on this occasion, without regarding it in any way as a precedent, except for matters of great urgency, give this Bill the Third Reading.
I beg to move, to leave out from the word "be" to the end of the Question, in order to add the words "recommitted to a Committee of the Whole House in respect of Clause 1."
When the Bill was being discussed in Committee I understood from the Under-Secretary for War and the Attorney-General that they would be willing to accept an Amendment on the Report stage, which stage does not now exist. The Amendment which I suggested was to Sub-section (2) of Clause 1, which at present is extremely drastic. It provides that although it cannot be shown that a person is guilty of any particular act, notwithstanding that no such act is proved against him, he may be convicted if, from the circumstances of the case, or his conduct, or his known character as proved, it appears that his purpose was a purpose prejudicial to the safety or interest of the State. I suggested that in place of the words, "if it appears," there should be inserted the words "if it is shown to the satisfaction of the court." I understand that legally the words mean the same thing, but they are very much clearer to the ordinary man. Therefore, I beg to move, that the Bill be recommitted in respect of Clause 1.May I point out to my hon. Friend that the Amendment which he suggests does not change the-sense of the Bill in the slightest degree. The words "if it appears" are "well-known words, and appear in many statutes affecting the liberty of the subject in far more serious ways than this measure does. They are not in the slightest degree novel. The difficulty in the way of accepting the words suggested by my hon. Friend is that you will have to define what is the court, which you do not require to do as the Clause stands. It could not possibly apply to anything but the tribunal. I would ask my hon. Friend, although I appreciate the point he puts forward, and which I may say is more a sentimental grievance than a practical one, not to press his Amendment. Anyone not used to reading Acts of Parliament might think that we are doing something which we are not doing. I assure the House, and I assure my hon. Friend, and all those who think with him, that the alteration which he desires will not change the Bill in the slightest degree. I would therefore ask him not to persist in asking us to recommit the Bill for the purpose of doing something that is purely verbal. If it were something really more I would accept the Amendment. My view is that it would mean exactly the same.
We understood just now that the Government agreed to the Amendment. It is rather hard lines that when the Bill has been allowed to go to Third Reading on an understanding that the Government should now object to do what within the last ten minutes they promised to do. I hope the right hon. Gentleman the Under-Secretary for War will at any rate stick to what he promised, and not be led away by the lawyers. Above all it will never do for a feeling to get abroad in this House that the Government or a Member of the Government consents to something, and that afterwards when the course of procedure gives him an advantage, that that advantage is taken. I am sure my right hon. Friend the Under-Secretary for War will not conduct himself in such improper manner.
I know that my right hon. Friend would not think that I would ever wish to take advantage of a technical situation. What happened was this; the Bill went through so rapidly that there was no time to make a formal Amendment so as to get a Report stage. That was partly due to the fact that the hon. Gentleman the Member for Salford (Sir William Byles) did not get his Division. I assure the hon. Member that I was anxious that he should, in order to give us time to deal with the Bill; but the Bill went through before we could put in a nominal Amendment, in order to get a Report stage. Had we had the Report stage we could, of course, have put in words such as the Attorney-General has described, but as we did not get a Report stage, and as the recommital of the Bill would involve it going through all its stages again, and as my right hon. Friend—who, as well as being a lawyer, I would point out is a Member of this House whom we all respect—gives his word, which is that of the highest legal authority, that any putting in of these words would not affect the real meaning of the Bill one iota, I would appeal to the hon. Member to absolve me from the undertaking I was anxious to carry out.
Does the right hon. Gentleman know that counsel's opinion is not law?
I would like to advise my hon. Friend not to press this matter, because I do not think it makes an essential difference in what I regard as a very bad Bill. One observation I would like to make. The Under-Secretary has told us that the provisions of this Bill would not be regarded as a precedent——
No; what I said, and what I say now is, that the passage of this Bill through all its stages could not possibly be regarded as a precedent.
1.0 P.M.
Everything that this House does becomes a precedent of what it may do in the future. The hon. and learned Gentleman also said that what is in this Bill would not be a precedent. I draw attention once more to these words. I say their being in this Bill will be quoted against us in some other Bill proposed by some other Attorney-General years hence. It may be 100 years hence that some other Attorney-General will say what our Attorney-General has just said, namely, that these words are founded on an Act of Parliament; that they are nothing new; that they are in an Act of Parliament, namely, this Act which we are passing. What about those who fought for our liberties in the past? What about Magna Charta? These words—
I say that no Member of this House ought to vote for a Bill which contains those words."it shall not be necessary to show that the accused person is guilty … notwithstanding that no such act (as he is charged with) is proved against him, he may be convicted."
I desire to assure the hon. Member opposite that in my opinion the Attorney-General is absolutely correct. Therefore I would suggest that it is only a waste of time to go forward with this discussion.
I entirely accept the view of the learned Attorney-General that the intention is the same. In view of what has fallen from the Under-Secretary for War, I cannot press my Motion, although I greatly regret the form in which the Bill takes. I do feel it gives the ordinary citizen a false impression of the intention of the Government, and the intention of the Act. I ask leave to withdraw my Amendment.
Amendment, by leave, withdrawn.
Main Question put, and agreed to.
Bill accordingly read the third time, and passed.
Old Age Pensions Bill
Order for consideration of Lords Amendment read.
I rise to a point of Order: that is. to ask your ruling as to whether this Motion that we agree to the Lords Amendment——
It has not been made. The Motion is that the Lords Amendment be now considered.
Motion made, and question proposed, "That the Lords Amendment be now considered."
Question put, and agreed to.
Lords Amendment considered.
Clause 4—(Amendments Of Section 3 Of The Principal Act)
(1) Any rule of law and any enactment, the effect of which is to cause relief given to a wife or relative to be treated as relief given to the person liable to maintain the wife or relative, shall not have effect for the purposes of section three of the principal Act (which relates to disqualification).
(2) Two years shall be substituted for ten years as the further period of disqualification under sub-section (2) of section three of the principal Act, both as respects persons convicted before the passing of this Act, and, as respects persons convicted after the passing of this Act, in cases where the term for which a person has been ordered to be imprisoned without the option of a fine does not exceed six weeks.
(3) Any person in receipt of an old age pension who is convicted of any offence which is mentioned in or deemed to be mentioned or included in the First Schedule to the Inebriates Act, 1898, shall, if not subject to disqualification under the principal Act, be disqualified for receiving or continuing to receive an old age pension for a period of six months after the date of his conviction unless the court before whom he is convicted direct to the contrary.
Lords Amendment: After the word "to" ["wife or relative to be treated"] insert the words. "or in respect to."
With regard to this Amendment, I have to say that although it is difficult to understand it completely, yet it seems to me to be a privileged Amendment. The Amendment, so far as I understand it, adds to the number of those who are not disqualified. That is to say that it adds to those who are qualified to receive old age pensions. If it adds to the number of those who are qualified, then it means that more pensions will be payable, and if more pensions are payable then it increases the charge upon the public funds. If it increases the charge on the public funds then it is a privileged Amendment.
Mr. Speaker, the facts which you have given to the House are correct, but I move that we waive the question of privilege. For this reason, that Scottish law differs from the English law in respect of what is called "constructive relief." Under the Scottish law relief is given not to the wife, but to the husband in respect of the wife. Unless these words are taken out, they will nullify the provisions of the Clause in respect to Scotland. Personally, I confess I am not concerned very much whether we get the Clause or not, but it does make a difficulty in respect of Scotch law, and I shall therefore move that we waive the question of privilege.
Question put, "That this House doth agree with the Lords in the said Amendment."
I do not want to suggest that I am not heartily in sympathy with the extension of the Old Age Pensions Act contemplated by this Clause. If the words were introduced only in order to extend the benefit to Scotland, I, for one, should not object, but I wish to draw the attention of the House to the fact that many similar Amendments of this sort were made by the Lords in the Old Age Pensions Act, and the Government claimed that there were breaches of privilege and opposed them, but now, because it happens to be for the convenience of the Government to ask the House to waive its privileges, we are expected, as a matter of course, to agree to that suggestion. It seems to me to be quite unreasonable that because it suits the purpose of the Government to have these Amendments made we should now be expected to agree, while three years ago similar Amendments were not entertained by this House, because it did not suit the Government to accept them.
The question of waiving our privileges in this matter is not for the convenience of the Govern- ment, but for the convenience of certain poor people in Scotland. The Government have, in every way, met us upon this Bill, and I think we might waive these very small privileges so that the poor people in Scotland shall not be shut out from the benefits of old age pensions.
It is not a question whether the Government shall waive their privileges, but it is a question whether the House shall waive its privileges by consenting to these Amendments in order that poor people who are shut out from benefits may secure them now.
It is quite true that exactly the same might be said of what occurred three years ago, to which my hon. Friend behind me referred, except that it was not the wish of the whole House to agree with the Lords Amendments. The majority decided to refuse to accept the Lords Amendments then. They sacrificed the poor people for the sake of a quarrel with another place.
I should like to ask you, Mr. Speaker, a question, namely, whether in waiving its privileges, this House is not weakening its privileges, and establishing a precedent which may be very dangerous?
The hon. Member must form his own opinion. This House, on many occasions, waived its privileges, and I do not think it has weakened itself.
On a point of Order. Is it not necessary—I may be quite wrong—that a substantive Motion should be put from the Chair.
That is not necessary, but a special entry will be made in the Journals of the House to the effect that the House waived its privileges.
Question, "That this House doth agree with the Lords in the said Amendments," put, and agreed to.
Winter Sitting
It was the intention of the Government to move that this House, at its rising, do Adjourn until Tuesday, 24th October; but, owing to the very troubled and critical situation in the industrial world, I think that it would be undesirable that we should separate, at any rate for a few days, until we realise better what the possibilities are of effecting some settlement. I do not propose to make any statement; I think if any statement were made it would be open to discussion, and, if I may respectfully suggest-so to the House, discussion now would be very undesirable, and, therefore, I shall content myself with moving, "That this House, at its rising this day, do adjourn until Tuesday next, 22nd August."
Question put, and agreed to.
The House, I think, is aware of the fact that we are expecting a summons from the Lords in respect to the Royal Commission to give the Assent to the Appropriation Bill. The Royal Commission will not be ready until three o'clock, and, therefore, I propose to leave the Chair until that time, and to take the Chair again at three o'clock, in order to attend the Royal Commission.
Sitting suspended accordingly.
Sitting resumed at half after Three o'clock.
Divisions (Tellers)
May I ask a question on a point of Order. When a Division is called under the old custom I suppose the raising of a hat indicated that an hon. Member was prepared to act as a teller. To-day two hon. Members raised their hands but they were not recognised by the Chair. I wish to ask whether it is necessary to wear our hats and rise in our places or what hon. Members should do?
They may do as they please.
Message From The Lords
That they have agreed to—
- Expiring Laws Continuance Bill,
- Cotton Cloth Factories Bill.
- Geneva Convention Bill,
- Public Works Loans Bill,
- Telephone Transfer Bill,
Consolidated Fund (Appropriation) Bill, without Amendment.
Royal Assent
Message received to attend the Lords Commissioners.
The House went and having returned,
reported the Royal Assent to
| 1. | Appropriation Act, 1911. |
| 2. | Municipal Elections (Corrupt and Illegal Practices) Act, 1911. |
| 3. | Merchant Shipping (Seamen's Allotment) Act, 1911. |
| 4. | Public Libraries (Art, Galleries in County Boroughs) (Ireland) Act, 1911. |
| 5. | Poultry Act, 1911. |
| 6. | Intestate Husband's Estate (Scotland) Act, 1911. |
| 7. | Public Health (Ireland) Act, 1911. |
| 8. | Parliament Act, 1911. |
| 9. | Isle of Man (Customs) Act, 1911. |
| 10. | Old Age Pensions Act, 1911. |
| 11. | Indian High Courts Act, 1911. |
| 12. | Labourers (Ireland) Act, 1911. |
| 13. | Pensions (Governors of Dominions, etc.) Act, 1911. |
| 14. | Telephone Transfer Act, 1911. |
| 15. | Public Works Loans Act, 1911. |
| 16. | Government of India Act Amendment Act, 1911. |
| 17. | Factory and Workshop (Cotton Cloth Factories) Act, 1911. |
| 18. | Expiring Laws Continuance Act, 1911. |
| 19. | Geneva Convention Act, 1911. |
| 20. | National Gallery and St. James's Park Act, 1911. |
| 21. | Protection of Animals Act, 1911. |
| 22. | Inverness Harbour Order Confirmation Act, 1911. |
| 23. | Dumbarton Churchyard Order Confirmation Act, 1911. |
| 24. | Chambers Institution, Peebles, Order Confirmation Act, 1911. |
| 25. | Aberdeen Corporation Order Confirmation Act, 1911. |
| 26. | North British Railway (Superannuation Fund, etc.) Order Confirmation Act, 1911. |
| 27. | Dunfermline and District Tramways Order Confirmation Act, 1911. |
| 28. | Edinburgh Suburban Electric Tramways Order Confirmation Act, 1911. |
| 29. | Paisley District Tramways Order Confirmation Act, 1911. |
| 30. | Partick Burgh Order Confirmation Act, 1911. |
| 31. | Wellpark (Glasgow) Church and Parish Quoad Sacra Order Confirmation Act, 1911. |
| 32. | Local Government Board (Ireland) Provisional Orders Confirmation (No.1) Act, 1911. |
| 33. | Local Government Board (Ireland) Provisional Orders Confirmation (No. 2) Act, 1911. |
| 34. | Local Government Board (Ireland) Provisional Orders Confirmation (No. 3) Act, 1911. |
| 35. | Land Drainage Provisional Order Confirmation Act, 1911. |
| 36. | Land Drainage Provisional Order Confirmation (No. 2) Act, 1911. |
| 37. | Land Drainage Provisional Order Confirmation (No. 3) Act, 1911. |
| 38. | Metropolitan Police Provisional Order Confirmation Act, 1911. |
| 39. | Derwent Fisheries Provisional Order Confirmation Act, 1911. |
| 40. | Severn Fisheries Provisional Order (1910) Confirmation Act, 1911. |
| 41. | Local Government Board's Provisional Orders Confirmation (No. 1) Act, 1911. |
| 42. | Local Government Board's Provisional Orders Confirmation (No. 2) Act, 1911. |
| 43. | Local Government Board's Provisional Orders Confirmation (No. 3) Act, 1911. |
| 44. | Local Government Board's Provisional Orders Confirmation (No. 4) Act, 1911. |
| 45. | Local Government Board's Provisional Orders Confirmation (No. 5) Act, 1911. |
| 46. | Local Government Board's Provisional Orders Confirmation (No. 6) Act, 1911. |
| 47. | Local Government Board's Provisional Orders Confirmation (No. 8) Act, 1911. |
| 48. | Local Government Board's Provisional Orders Confirmation (No. 9) Act, 1911. |
| 49. | Local Government Board's Provisional Order Confirmation (No. 11) Act, 1911. |
| 50. | Local Government Board's Provisional Orders Confirmation (No. 14) Act, 1911. |
| 51. | Local Government Board's Provisional Order Confirmation (No. 15) Act, 1911. |
| 52. | Local Government Board's Provisional Orders Confirmation (Gas) Act, 1911. |
| 53. | Local Government Board's Provisional Order Confirmation (Gas) (No. 2) Act, 1911. |
| 54. | Board of Education Scheme (Alnwick Corporation Payment) Confirmation Act, 1911. |
| 55. | Education Board Provisional Orders Confirmation (Durham, etc.) Act, 1911. |
| 56. | Education Board Provisional Orders Confirmation (London) Act, 1911. |
| 57. | Drainage and Improvement of Lands (Ireland) Supplemental Act, 1911. |
| 58. | Pier and Harbour Orders Confirmation (No. 1) Act, 1911. |
| 59. | Pier and Harbour Orders Confirmation (No. 2) Act, 1911. |
| 60. | Pier and Harbour Order Confirmation (No. 3) Act, 1911. |
| 61. | Electric Lighting Orders Confirmation (No. 1) Act, 1911. |
| 62. | Electric Lighting Orders Confirmation (No. 2) Act, 1911. |
| 63. | Electric Lighting Orders Confirmation (No. 3) Act, 1911. |
| 64. | Electric Lighting Orders Confirmation (No. 4) Act, 1911. |
| 65. | Electric Lighting Order Confirmation (No. 5) Act, 1911. |
| 66. | Port of London (First Election of Members) Provisional Order Act, 1911. |
| 67. | Gas Orders Confirmation (No. 1) Act, 1911. |
| 68. | Gas Orders Confirmation (No. 2) Act, 1911. |
| 69. | Gas Orders Confirmation (No. 3) Act, 1911. |
| 70. | Gas Orders Confirmation (No. 4) Act, 1911. |
| 71. | Gas and Water Orders Confirmation Act, 1911. |
| 72. | Tramways Orders Confirmation Act, 1911. |
| 73. | Ashborne and District Gas Act, 1911. |
| 74. | Paignton Urban District Council Act, 1911. |
| 75. | South Lancashire Tramways Act, 1911. |
| 76. | Manchester Ship Canal Act, 1911. |
| 77. | Thames Conservancy Act, 1911. |
| 78. | Southampton Harbour Act, 1911. |
| 79. | Chasetown Gas Act, 1911. |
| 80. | London, Brighton, and South Coast Railway Act, 1911. |
| 81. | Oystermouth Urban District Council (Water) Act, 1911. |
| 82. | Lloyd's Act, 1911. |
| 83. | London County Council (General Powers) Act, 1911. |
| 84. | Northampton Corporation Act, 1911. |
| 85. | Widnes and Runcorn Bridge (Transfer) Act, 1911. |
| 86. | Chapel Whaley and District Gas Act, 1911. |
| 87. | Winchester Corporation (Electric Supply) Act, 1911. |
| 88. | Sidmouth Gas and Electricity Act, 1911. |
| 89. | Star Assurance Society's Act, 1911. |
| 90. | Dover Graving Dock Act, 1911. |
| 91. | Liverpool Overhead Railway Act, 1911. |
| 92. | Alexandra (Newport and South Wales) Docks and Railway Act, 1911. |
| 93. | Metropolitan Railway Act, 1911. |
| 94. | Milford Docks Act, 1911. |
| 95. | South Western Railway Act, 1911. |
| 96. | Bristol Tramways Act, 1911. |
| 97. | Chester Waterworks Act, 1911. |
| 98. | Hornsea Urban District Council Act, 1911. |
| 99. | Great Northern Railway Act, 1911. |
| 100. | Dundee Harbour and Tay Ferries Consolidation Act, 1911. |
| 101. | Handsworth Urban District Council Act, 1911. |
| 102. | Marple Urban District Council Gas Act, 1911. |
| 103. | Central London Railway Act, 1911. |
| 104. | City of London (Various Powers) Act, 1911. |
| 105. | Great Western Railway Act, 1911. |
| 106. | Kingston-upon-Hull Corporation Act, 1911. |
| 107. | Luton Corporation Act, 1911. |
| 108. | Nottinghamshire and Derbyshire Tramways Act, 1911. |
| 109. | Kingston-upon-Thames Bridge Act, 1911. |
| 110. | Penllwyn Railway Act, 1911. |
| 111. | Middlesbrough, Stockton-on-Tees, and Thornaby Tramways Act, 1911. |
| 112. | Gloucester Corporation Act, 1911. |
| 113. | Metropolitan Electric Tramways Act, 1911. |
| 114. | North Eastern Railway Act, 1911. |
| 115. | Barry Railway Act, 1911. |
| 116. | London, Tilbury, and Southend Railway Act, 1911. |
| 117. | Merthyr Tydfil Corporation Water Act, 1911. |
| 118. | Swansea Gas Act, 1911. |
| 119. | Great Yarmouth Port and Haven Act, 1911. |
| 120. | Midland Railway Act, 1911. |
| 121. | Paddington Borough Council (Superannuation and Pensions) Act, 1911. |
| 122. | Poplar Borough Council (Superannuation and Pensions) Act, 1911. |
| 123. | Rhondda Urban District Council Act, 1911. |
| 124. | Dunfermline Burgh Extension and Drainage Act, 1911. |
| 125. | Ipswich Corporation Act, 1911. |
| 126. | London County Council (Tramways and Improvements) Act, 1911. |
| 127. | Woking Urban District Council (Basingstoke Canal) Act, 1911. |
| 128. | Manchester Corporation Act, 1911. |
| 129. | Aberdare Urban District Council Act, 1911. |
| 130. | Brighton, Hove, and District Railless Traction Act, 1911. |
| 131. | East Kent Electric Power Act, 1911. |
| 132. | Chiswick Urban District Council Act, 1911. |
| 133. | Halifax Corporation Act, 1911. |
| 134. | London County Council (Money) Act, 1911. |
| 135. | Margam Urban District Council Act, 1911. |
| 136. | Rotherham Corporation Act, 1911. |
| 137. | Saint Helens Corporation Act, 1911. |
| 138. | Metropolitan Water Board (New Works) Act, 1911. |
| 139. | Newcastle-upon-Tyne Corporation Act, 1911. |
| 140. | Corporation of London (Bridges) Act, 1911. |
| 141. | Westbury Estate Act, 1911. |
ADJOURNMENT.—Resolved, "That this House do now adjourn."—[ Master of Eli-bank.]
Adjourned accordingly, at Five minutes before Four o'clock, until Tuesday next, 22nd August.
Petition Presented
The following Petition was Presented and ordered to lie upon the Table.
Friday
National Insurance Bill—Petition from Bolton, for alteration.