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Commons Chamber

Volume 40: debated on Tuesday 2 July 1912

House of Commons

Tuesday, July 2, 1912

Private Business

Brodsworth and District Gas Bill [ Lords ],

Derwent Valley Water Bill [ Lords ],

Read the third time, and passed, with Amendments.

Stepney Borough Council (Spitalfields Market) Bill [ Lords ],

As amended, to be considered Tomorrow.

Wandsworth, Wimbledon, and Epsom District Gas Bill [ Lords ],

As amended, considered; to be read the third time.

Bishop's Divorce Bill [ Lords ] (by Order),

Second Reading deferred till To-morrow.

Local Government Provisional Orders (No. 8) Bill,

Read the third time, and passed.

Local Government Provisional Orders (No. 15) Bill,

"To confirm certain Provisional Orders of the Local Government Board relating to Bath, Birmingham Burnley, Bury, Cambridge, Christchurch, Reading, Sheffield, and Southport." Presented by Mr. HERBERT LEWIS; supported by Mr. Burns.

Ordered, That Standing Order 193a be suspended, and the Bill be now read the first time.—[ The Deputy-Chairman. ]

Bill accordingly read the first time; and referred to the Examiners of Petitions for Private Bills, and to be printed. [Bill 262.]

Local Government Provisional Order (No. 5) Bill,

Reported, with Amendments [Provisional Order confirmed]; Report to lie upon the Table. [Bill, as amended, to be printed.]

Bill, as amended, to be considered upon Wednesday, 10th July. [Bill 263.]

Local Government Provisional Orders (No. 11) Bill,

Reported, with Amendments [Provisional Orders confirmed]; Report to lie upon the Table. [Bill, as amended, to be printed.]

Bill, as amended, to be considered upon Wednesday, 10th July. [Bill 264.]

Local Government Provisional Orders (No. 12) Bill,

Reported, with Amendments [Provisional Orders confirmed]; Report to lie upon the Table. [Bill, as amended, to be printed.]

Bill, as amended, to be considered upon Wednesday, 10th July. [Bill 265.]

Pier and Harbour Provisional Orders (No. 2) Bill,

Reported, with Amendments [Provisional Orders confirmed]; Report to lie upon the Table.

Bill, as amended, to be considered To-morrow.

Sea Fisheries (Conway) Provisional Order Bill,

Reported, with Amendments [Provisional Order confirmed]; Report to lie upon the Table.

Bill, as amended, to be considered To-morrow.

Feeble-Minded Persons Under the Poor Law

Return ordered, "showing number and classification of mentally defective persons (other than persons certified as insane) in receipt of institutional relief or otherwise chargeable to a union or parish in England and Wales on a given day, grouped according to sex and, in the case of women, condition as to marriage, and distinguishing persons over sixty and under sixteen years of age."—[ Mr. Herbert Lewis. ]

Gold Coast

Copy presented of Report on the Legislation governing the Alienation of Native Lands in the Gold Coast Colony and Ashanti; with some Observations on the "Forest Ordinance," 1911. By H. Conway Belfield, C.M.G. [by Command]; to lie upon the Table.

United Kingdom (Trade, Commerce, and Condition of the People)

Return presented, relative thereto [ordered, 2nd May; Mr. Essex ]; to lie upon the Table, and to be printed. [No. 194.]

Trade Reports (Annual Series)

Copies presented of Diplomatic and Consular Reports, Annual Series, Nos. 4928 and 4929 [by Command]; to lie upon the Table.

National Portrait Gallery

Copy presented of Fifty-fifth Annual Report of the Trustees of the National Portrait Gallery, 1910–11 [by Command]; to lie upon the Table.

National Insurance Act

Copy presented of Provisional Regulations, dated 2nd July, 1912, of the National Insurance Joint Committee and the Insurance Commissioners, acting jointly, as to the Employer of a Contributor employed by more than one Person in a calendar week [by Act]; to lie upon the Table, and to be printed. [No. 195.]

Copy presented of Regulations made by the Board of Trade under Part II. of The National Insurance Act, 1911 [by Act]; to lie upon the Table, and to be printed. [No. 196.]

Alkali, Etc., Works Regulation Act, 1906

Copy presented of Forty-eighth Annual Report on Alkali, etc., Works by the Chief Inspector, being for 1911 [by Act]; to lie upon the Table, and to be printed. [No. 197.]

Oral Answers to Questions

Questions

Putumayo Cruelties (Mr. Julio Cæsar Arano)

asked the Secretary of State for Foreign Affairs (1) whether Mr. Julio Cæsar Arano, who is wanted in connection with acts of cruelty to the Natives of the Putumayo, is known to be in Peruvian territory; and whether the Peruvian Government is moving to effect his arrest and bring him to justice; (2) whether the Peruvian Government has arrested any persons, and, if so, how many, in connection with cruelties perpetrated in the Putumayo district of the Amazon; and, if any arrests have been made, whether any persons have been found guilty and punished?

I cannot answer a series of questions of detail about matters that are not under the control of His Majesty's Government. I propose to lay what information I have about the state of affairs in a district in which a British registered company and some British subjects were concerned, but pending the publication of these Papers I have no more to say.

asked when the Report of Sir Roger Casement on the Putumayo rubber atrocities will be published?

I propose to lay the Papers before the House very shortly—at any rate before the end of the month.

asked whether any, and, if so, how many, British subjects are still in the employ of the Arana Rubber Syndicate?

I have reason to believe that all the Barbadian British subjects formerly employed by the company have left. When Sir R. Casement left the Putumayo some months ago, there were, he believes, still four or five British subjects serving there in different capacities.

Chinese Loan

asked if the negotiations for a loan of sixty millions to the Chinese Government by the financiers known as the six-Power group have definitely broken down; and, if so, if he can state the reasons for their abandonment?

The negotiations for a loan, not necessarily of sixty millions, are still in progress.

Islands of San Thomé and Principe (Indentured Labour)

asked the Secretary of State for Foreign Affairs whether he was in possession of Consular or other information to the effect that, when slaves in the Portuguese Islands of San Thomé and Principe demand and obtain their liberty, their wives and children are sometimes detained, being handed over to other men?

The people in question are not considered to be slaves, but indentured labourers. My attention has been called to statements to the effect, generally, mentioned by the hon. Member, and I some time ago instructed the Vice-Consul at St. Thomé to furnish a report on the subject.

Did the right hon. Gentleman receive a letter from a well-instructed officer denying all these statements?

Lena Goldfields, Russia (Alleged Massacre of Workmen)

asked the Secretary of State for Foreign Affairs whether he has received a communication from the Leeds Trades and Labour Council respecting the massacre by Russian soldiers of workmen in the Lena goldfields, Russia; and, if so, can he take any steps to bring the protest of Leeds trade unionists to the attention of the Russian Government?

I have received a communication from the body in question referring to the collision which took place between troops and strikers in the Lena goldfields. As I have frequently stated, His Majesty's Government cannot intervene in the internal affairs of another Power—we should certainly not ourselves admit or receive analogous protests through any foreign Government.

Turkish Army at Monastir

asked the Secretary of State for Foreign Affairs whether he has any official information which he can give this House of a mutiny in the Turkish Army at Monastir?

I have received information that desertions have taken place from the army at Dibra, but little information is to be had beyond that published in the Press in the form of communications from official Turkish sources.

Will this affect the right hon. Gentleman's decision in regard to his supplying officers to the Turkish Government?

I cannot say, pending further developments. That question depends upon the information the Turkish Government can give us, and what the duties are to be assigned to those officers.

Trans-Persian Railway

asked what military authorities have been consulted on the question of the proposed Trans-Persian Railway; and whether such authorities have been asked to express an opinion for or against the general principle of direct railway communication between Russia and India, or whether they have merely been invited to suggest what conditions would make such a scheme least objectionable strategically?

The question of railway connection in general, as well as of a particular scheme, was considered, and the views of the chief military authorities upon it have been expressed to the Government of India and at home.

Has the Imperial Defence Committee been consulted as to the question of the Trans-Persian Railway?

The views of the chief military authorities of India have been expressed upon it, and have been considered both there and at home.

Do we understand that the views of the chief military authorities are in favour of this action?

I must refer the hon. Member to previous answers, in which I said I could not state the official views. I can only say we have received them, and that we will consider them.

India

Murder of Mr. Williamson and Dr. Gregorson

asked the Under-Secretary of State for India whether the Abor tribesmen actually concerned in the murder of Mr. Williamson and Dr. Gregorson have been and, if so, in what manner and to what extent punished; whether the private property of the murdered officers still remains in the hands of the tribesmen; whether any punishment was inflicted on the village which plundered Dr. Gregorson's camp; whether the Sanpo party was recalled before it accomplished any geo graphical research; whether the Miris were punished for attacking the mission in their country; whether Rotung is being abandoned; if the answers to this question be in the affirmative, what results, if any, have accrued from the Abor expedition; and what were the instructions issued by the Government of India to General Bower?

Five persons were convicted of actual participation in the murder of Mr. Williamson and his party. Of these two were sentenced to transportation for life, two to imprisonment for ten years, and one to imprisonment for one year. Two other suspected ringleaders were among those killed during the military operations. Two persons have been arrested as ringleaders in Dr. Gregorson's murder, but the result of their trial has not yet been reported to the Secretary of State. The reports received show that certain articles belonging to Mr. Williamson were recovered in the course of the expedition. I am not aware if any of his property or that of Dr. Gregorson still remains in the hands of the tribesmen. All villages concerned in the outrage were suitably fined. The Sanpo exploration party was unable to proceed beyond Shinging owing to the lateness of the season; it was then withdrawn on General Bower representing that further advance was impracticable. A report on the geographical results achieved is awaited. The Miris who attacked Mr. Kerwood's camp on 14th February were repulsed with loss. No further punishment has been inflicted on them. As I stated on the 17th June, in reply to the hon. and gallant Member for Melton, it has been decided not to maintain a post at Rotung. As regards the results of the Abor expedition, I must refer the hon. Member to the Papers published in the "Gazette of India" on the 25th May, 1912, a copy of which will be found in the Library. The Secretary of State is not prepared, as at present advised, to publish the instructions issued to General Bower.

May I ask whether it is the case that the Government of India were in favour of the retention of Rotung?

It was a matter for the Secretary of State to decide, but I think I may say that the Government of India acquiesced.

Armed Forces

asked whether, in the event of it being proposed, as a result of the Report of Sir William Nicholson's Committee, to make any changes in the numbers or constitution of the armed force at present maintained in India, an opportunity will be afforded of discussing the proposed changes before it is finally decided to carry them out?

I think my hon. and gallant Friend will agree that I am acting strictly in accord with precedent, when I decline to commit myself to definite action based on an as yet unrealised hypothesis. Nevertheless, I can assure him that the important request which he makes will be carefully considered when Sir William Nicholson's Committee has reported.

Commerce and Industry Department

asked whether the Secretary of State has seen the Resolution of the Bengal Chamber of Commerce, dated 3rd May, addressed to the Government of India, in which that body repeats its opinion that the Departments of commerce and industry, posts and telegraphs, should continue to be stationed at Calcutta; and, if the answer be in the affirmative, whether he can inform the House what action the Government of India proposes to take in the matter?

The Secretary of State has seen the Resolution of the Bengal Chamber. The Government of India had already explained to the Chamber that the constitution of their Government did not permit of the permanent severance of one Department from the Administration; and that this was an insuperable obstacle to the location of the Commerce and Industry Department at Calcutta after the removal of the rest of the Government of India to Delhi. So far as the Secretary of State is aware, the Government of India have not modified this view.

I presume that the whole thing is covered, but, as I understand, the Department of Commerce is responsible for telegraphs and posts.

District Magistrate of Mymensingh

asked whether the communications now being held with the Government of India regarding the case of Mr. Loftus Otway Clarke, district magistrate of Mymensingh, contemplate the award of compensation and, if the answer be in the affirmative, what kind of compensation to that officer for the loss and damage he has suffered in respect of the original and appellate decisions of the High Court of Calcutta, which have been reversed by the Judicial Committee of the Privy Council?

The Secretary of State and the Government of India are considering whether Mr. Clarke shall receive compensation. It would at present be premature to make any further statement. I may point out that the Government of India have not yet received the full text of the Privy Council judgment, and that Mr. Clarke is at present on leave. Some little time must therefore elapse before the Government of India can submit to the Secretary of State a full expression of their views based on a careful examination of all the circumstances.

Will the hon. Gentleman make any communication to the House or myself when the matter is to be dealt with?

As soon as the matter bas been decided, I shall communicate with the hon. Gentleman by letter.

British Army

Royal Garrison Artillery (Subalterns)

asked the Under-Secretary of State for War whether he can give the last date previous to 1st May, 1912 on which a subaltern, Royal Garrison Artillery, was promoted; how many companies were without their proper complement of captains on the 1st May last; can be give the reasons why no subalterns were promoted to fill the then vacancies; is he aware, if no promotions are made, that during this year there will be seven subalterns between forty and forty-five years of age, forty-five between thirty-five and forty, and 148 between thirty and thirty-five, and 132 with over twelve years' service; and can he state how much longer the matter is to be under consideration before an announcement is made as to the Army Council's intentions with regard to the promotion of subalterns, Royal Garrison Artillery?

A promotion to captain was made with effect from 16th March, 1912. There were thirteen vacancies for captains on 1st May covered by thirteen unposted captains who were undergoing courses of instruction or on leave. The vacancies on the regimental establishment which occurred had, under Article 78 of the Royal Warrant for Pay, etc., to be filled by captains returning to regimental from extra-regimental employment. If no further promotions are made this year, there will, at the end of the year, be six subalterns between forty and forty-five years of age, forty-three subalterns between thirty-five and forty years of age, 141 subalterns between thirty and thirty-five years of age, and eighty-two subalterns with over twelve years' service. I am not at present in a position to make any statement as regards the last part of the question.

In view of the fact that forty-five years of age is to be the limit of age for a colonel, is it proposed to alter that limit?

My right hon. Friend will make a statement on this subject at an early date.

Duke of York's Headquarters

asked the hon. Member if he will state the reasons for the delay in the completion of the alterations of the Duke of York's headquarters, and when the work will be finished?

Some delay has occurred, but it has not been very great, and it has been inevitable. When an old building has to be altered as well as new buildings provided, considerable time must elapse before all the details can be worked out so as satisfactorily to meet requirements. Some alterations in requirements have caused slight delay. During the last two months a further alteration has been asked for which will postpone completion. No date, therefore, can yet be given for completion.

Zulu War Medals

asked whether the hon. Gentleman will explain why those officers of the Regular Army who served in the Zulu rebellion operations in 1906 have not been allowed to wear the medal granted by the Natal Government for those operations?

It was considered that as these were purely Colonial operations the grant of the medal should be confined to Colonial troops. Certain Imperial officers who were seconded for service with the Natal forces and were therefore regarded as forming part of the Colonial forces at the time were allowed to accept and wear the medal.

Is it not a fact that certain officers are allowed to wear those medals and others are not, and why is this distinction made?

If it be the case that certain Imperial officers were allowed, no doubt those who were not allowed were seconded.

Those who were not seconded and were not allowed to earn it went through the same danger.

Territorial Force

Bands

asked if the hon. Gentleman can say why it is considered to be undesirable that men other than those enlisted should be permitted to perform as heretofore in Territorial bands?

Under the Territorial and Reserve Forces Act all men of the Territorial Force are required to be enlisted, and no man who is not enlisted may lawfully wear the King's uniform.

Officers Resigning Commissions

asked whether the hon. Gentleman can give the number of officers of the Territorial Force who resigned their commissions between the 1st of October, 1911, and the 30th of June, 1912?

National Insurance Act

Medical Benefits

asked the Chancellor of the Exchequer whether, having regard to the nearness of the date when the National Insurance Act comes into operation, he can now state what progress has been made in the arrangements for securing the co-operation of members of the medical profession in the working of the Act; and whether, in the event of the Commissioners failing to meet the requirements of the doctors, what steps he proposes to take to provide medical benefit for insured persons, who will have commenced paying on 15th July for medical, attendance under those Clauses of Part I, of the Act relating to the cure of sickness?

I am unable at present to add anything to previous statements I have made on the subject. The Act promises to all insured persons from 15th January free medical attendance or a monetary equivalent. This premise has been set out in the insurance leaflets, and if the Commissioners find that the medical attendance in any district cannot be provided, the alternative which is provided in the Act Will be given to all insured persons.

What will be the amount of the equivalent in lieu of medical benefit?

The amount calculated according to the actuarial advice on which the Act is based is 6s., but I will not commit myself to that amount at present.

Does the hon. Member consider that, taken annually, the sum of 6s. as the cost of medical benefit can be regarded as an efficient means of insuring against sickness?

It is one-and-a-half times as much as 5,000,000 of the working classes are now paying for medical benefit.

asked whether the right hon. Gentleman had completed arrangements to provide medical benefits (doctor and medicine) before issuing the N.H. leaflet, in which a guarantee is given that except in special circumstances, a doctor and medicine will be provided?

The N.H. leaflet specifically declares that one of the benefits of the Act will consist of "doctor and medicine, or, in special circumstances, money payments instead." The Commissioners will have no difficulty in fulfilling this promise.

I think a general strike of the medical profession would be a special circumstance.

Valuation of Remuneration

asked who is to determine, under the National Insurance Act, whether the rate of remuneration of an employed person, paid partly in money and partly in other ways, is equal to £160; and, if the initial valuation has to be made by the employer, must he in every instance submit it for official approval, and, if so, to whom?

Under the provisions of Section 66 of the Act, any question as to whether a person is in receipt of such a rate of remuneration as to be compulsorily insured falls to be determined by the Insurance Commissioners. Difficulties of this character can be referred in the first instance to the Customs and Excise officer (who is usually the pension officer), and will in many cases be so disposed of without becoming formal questions for decision by the Commissioners. If the employer and the employed can come to an agreement (with or without the help of the Customs and Excise officer) no reference to the Commissioners will be necessary.

Exemptions

asked whether, in view of the penalties inflicted under Clauses 69 and 70 of the National Insurance Act, a daughter who lives at home and assists with the housework will be compulsorily insured in the absence of any definite contract of employment; and whether she will be compulsorily insured when she receives pocket money but no definitely agreed wages?

A daughter who assists with housework will require to be insured if there is an actual contract of employment (whether the contract is expressed or only implied). and if she receives wages or some other money payment in respect of her employment. If, however, she has no definitely agreed wages, money not received by way of remuneration for the services would not render her liable to compulsory insurance.

Would she not be entitled to a certificate of exemption if she was mainly dependent upon her parents?

I am not sure whether she would come under that Clause or another. Perhaps I had better have notice of that question.

Insurance Commissioners (Judicial Functions)

asked whether, under the provisional Regulations relating to the decision of questions by the Insurance Commissioners, it is provided that applications for the decision of questions may be referred to any officer of the Commissioners or other persons; and what authority there is under the National Insurance Act, 1911, to delegate the hearing of questions to officers and other persons?

The answer to the first part of the question is in the affirmative. The provisions in question are authorised by the regulation-making power under the Act. I may point out to the hon. Member that the Regulations do not purport to delegate the power to decide any question. The final decision will in all cases rest with the Commissioners.

Is it the case that the Regulations themselves actually provide that these questions may be referred to officers or other persons? I think I am quoting the words of the Regulation.

They may be referred to those persons, but the final decision must rest with the Commissioners, and the decision of the Commissioners cannot be delegated.

Does not the right hon. Gentleman think there would be some difficulty in certain officers hearing a case and somebody else deciding it?

No, I do not think so. In cases where there is no decision by agreement full information will be sent to the Commissioners.

asked whether, by the provisional Regulations relating to the decision of questions by the Insurance Commissioners, it is provided that the Commissioners may give their decision forthwith, and dispense with the giving of notice of the application and the holding of a hearing?

It is provided by these Regulations that the Commissioners have power to act in the manner stated in the question in any cases where they think such a course proper.

Does the right hon. Gentleman think it is a judicial exercise of discretion to decide a case without hearing the applicant?

It will be a full judicial decision certainly, and, if it is necessary to hear the applicant, the applicant will be heard.

Does the right hon. Gentleman think the judicial discretion entrusted to the Commissioners by Parliament is exercised by stating they consider decisions without hearing the applicants?

Bargemen

asked in the case of a barge owner whose barges are sailed on the terms that the captain takes half the freight, finds and pays his mate, and pays half working expenses, including help, whether the captain, the mate, and any helper are liable to insurance under Part I. of the National Insurance Act; and, if so, who is liable for the employer's contributions payable in respect of each; and whether it is the intention of the Insurance Commissioners to make Regulations under Schedule III., Section 6, of the Act in such cases?

On the facts as stated by the hon. Member, it would appear that the mate and helpers, but not the captain, would require to be insured under the National Insurance Act. The barge owner and the captain as joint employers would be liable for the contributions. It is not the intention of the Insurance Commissioners to make Regulations under Paragraph (6) of Schedule III. to deal with these cases.

Would the right hon. Gentleman say whether the owner or the captain is liable to pay contributions in respect of the men?

The barge owner and the captain as joint employers are liable for the contributions.

Would the right hon. Gentleman say whether they will have to pay equally?

The hon. Member cannot argue out details like that by supplementary questions. He must give proper notice if he wants to ask such questions.

Married Club Steward

asked, in the case of a married club steward, the terms of whose employment provide that his wife shall render assistance without wages, whether the wife is an employed, contributor under Part I. of the National. Insurance Act; and whether the employer of the steward will also have to pay 6d. a week for the wife?

In the case stated in the question, if the wife is in fact a servant of the club she will require to be insured and a weekly contribution of 6d. will normally be payable by the employer in respect of her.

Secondary Schools

asked the Secretary to the Treasury whether the governing body of a secondary school, working under a scheme approved by the Board of Education, can be regarded as an authority qualified to claim exemption for its employés from the provisions, of the National Insurance Act under the First Schedule, Part II. ( b ), of the Act, provided that the governing body conforms to the terms of employment therein stated?

I am advised that the governing body of such a school is not a public authority within the meaning of. paragraph ( b ) of Part II. of the First. Schedule.

Women's National Health Association (Ireland)

asked what sum of money the Treasury have authorised the Local Government Board to grant to the Women's National Health Association from the Irish share of the Sanatoria Grant; whether the expenditure of this sum will be vouched to the Public Accounts Committee and, if so, by whom; whether there is any power to surcharge the president and members of the association for any portion of the Grant made to them which is unaccounted for or expended for purposes outside those for which the Grant is made; and what security is there that this association, to whom this public money is being entrusted, may not be dissolved at any time?

Upon the recommendation of the Local Government Board for Ireland, the Treasury, after consultation with the Irish Insurance Commission, has approved the grant of a sum not exceeding £25,000 out of moneys available for sanatorium purposes under the Finance Act, 1911, to the Woman's National Health Association of Ireland. There are no statutory conditions as to the audit of expenditure out of these Grants, which are, in terms of the Finance Act and the National Insurance Act, Grants-in-Aid of the institutions to which they are made, but the Grants will be made subject to such conditions as will secure their being expended for the purposes for which they are intended. The Grant now in question will be issued in instalments, the issue of each instalment after the first being made conditional upon the Local Government Board being satisfied as to the proper application of the preceding instalment, and arrangements will be made for securing that the institutions and services provided out of the Grants shall be made permanently available for the treatment of tuberculosis.

Will the right hon. Gentleman give an assurance that the money granted to the Women's Health Association will be exclusively devoted to the erection of sanatoria, and that no part of it will be utilised by the association for any other purpose?

I very gladly give the assurance that it will be exclusively devoted to the giving of sanatorium benefit.

Sanatorium benefit, which will include dispensaries as well as sanatoria. No part will be devoted to anything outside the sanatorium benefits of the Bill.

Will the right hon. Gentleman make it a condition that this society will drop its political and proselytising efforts on behalf of the Nationalist party in Ireland in the name of philanthropy?

I know nothing about the proselytising efforts of this or any other society. The work of this society is specially recommended in the Astor Report in connection with Sanatorium work, and it is largely owing to that recommendation, as I understand, that the Insurance Commissioners, the Treasury, and the Local Government Board have agreed to give a Grant.

Will the right hon. Gentleman see that people will not be made magistrates merely because they attend meetings got up by this society?

May I ask the right hon. Gentleman whether he is aware of the fact that the good work done by this association is appreciated by the whole of the Irish people, and that the association is presided over by Lady Aberdeen, which is the reason of the attack made upon it?

National School Teachers (Ireland)

asked whether the teachers of the Irish national schools with an income of under £160 a year are required to be insured under the National Insurance Act, or whether the Commissioners consider that the terms of their employment provide sickness and disablement benefits equal to those in the Act, and are therefore willing to give them exemption; and, if they are required to be insured, whether the managers are considered to be their employers, and in that case out of what funds are the employers' contributions to be paid?

Teachers to whom the National School Teachers (Ireland) Act, 1879 applies are specifically excluded under paragraph ( d ) of Part I. of the First Schedule of the Act, without further consideration of the actual terms of the provision made in sickness being required in each case. Teachers in schools known as model schools, who are not so excepted, would require to be insured unless their employers, the Commissioners of Education, obtain exceptions for them under the conditions of paragraph ( b ) of Part II. of the same Schedule. Other Irish national school teachers are employed by the managers of the schools, and not by a public authority, and would therefore require to be insured in all cases where the Act of 1879 does not apply. Where the teachers are insured the employers are responsible for paying the contributions in the first instance, i.e., where the managers are the employers the managers are responsible, and they would pay the money from funds in their hands in their capacity as managers.

Appointments in Ireland

asked the approximate number of appointments already made and proposed to be made in Ireland under the National Insurance Act; the nature of the duties to be performed; the salaries payable and terms of service, pensions, etc.; whether by open competition or selection; and any other information necessary to acquaint intending applicants for vacancies?

The appointments already made in Ireland in connection with Part I. of the National Insurance Act consist of four Commissioners, one secretary, one assistant secretary, one accountant, one actuary, one legal adviser, four first-class clerks, two assistant accountants, eight second-class clerks, two examiners, six second division clerks, four assistant clerks, two lady typists, and twenty-five temporary organising lecturers. With regard to the details of salary and nature of appointment, I would refer the hon. and gallant Member to Cd. 6095 and the Civil Service Estimates, Class 8. Outdoor staff inspectors, assistant inspectors, and health officers will be appointed in accordance with Section 15 of the Interdepartmental Committee Report on outdoor staff presented to Parliament (Cd. 6231), the nature of their duties, their salaries, and terms of appointment will be set forth in the Report. I am sending copies of the above Papers to the hon. and gallant Member.

Will the right hon. Gentleman see that proper notice is published in the newspapers throughout Ireland of these appointments and not keep them all specially reserved for the Castle set?

I believe full advertisement has been given for all these appointments throughout the whole of Ireland. I think the number of applications that have been received, which amounts to a very large number of thousands, shows that is the case.

Sick Pay

asked whether any sick pay is guaranteed to those persons between sixty-five and seventy who will have the full contribution deducted from their wages under the National Insurance Act;.and, if so, will he say how much?

Under Section 49 (3) of the Act, the character of the benefits provided for such persons is left within the discretion of societies. For their guidance the Commissioners have issued a circular, No. A.S. 29, of which I am sending a copy to the hon. Member, with two alternative schemes of benefits which will be actuarially sound, one giving sick benefits and the other small annual allowances by way of addition to pensions or other allowances the insured person may be receiving from his society or elsewhere. Under the former of these the rate of sick pay would be 6s. a week for thirteen weeks and 5s. for a further thirteen weeks.

Are we to understand that there is no statutory guarantee that they are to receive any sick pay?

There is no statutory guarantee that any one is to be received into any society.

Will the right hon. Gentleman circulate the information to all Members?

I am trying to send all information to everyone. I have twice asked hon. Members who desired the information to send in their names, and I shall be very glad to send them the information.

Official Lecturers

asked which were the friendly societies that asked that the official lectures on the National Insurance Act should be private and that no reports should be given to the Press; and whether the prohibition of publicity has been confined to lectures arranged for those societies?

The request that these conferences should normally be private was very strongly pressed at the conferences with representatives of the friendly societies and trade unions in January last when the scheme of lectures was put before them. As I have often stated, the Press are admitted wherever those who are arranging the meeting desire that they shall be.

asked for how long a period it is proposed that the official lectures on the National Insurance Act shall continue; what has been the total cost in respect of them; whether any complaints have been received from local secretaries of friendly society bodies regarding the way in which these lectures have been organised; and in how many cases have the Insurance Commissioners written to express their regret?

Lectures will be continued where and as long as they prove to be necessary, though their number may be expected to be reduced as the Act comes into operation. With regard to their cost, I would refer the hon. Member to the rough estimate of the cost of lectures, leaflets, etc., which I gave to the hon. Member for Enfield on the 9th May. While the lectures are still in progress I am unable to state the exact cost. I cannot undertake to examine the voluminous correspondence entailed by the arrangement of several thousands of lectures to say whether there have been any complaints by any individual on any point of detail; but the Commissioners have overwhelming evidence that the lectures have been of the greatest value to those for whom they were designed and indeed essential to the efficient working of the Act through approved societies.

Will the right hon. Gentleman give a Return of the expenses incurred by those gentlemen giving lectures in the Ilkeston Division?

Have there not been many complaints from Shropshire that the lectures were private?

As I have explained over and over again, none were private except at the wish of those organising the meetings.

To everybody in common. If any hon. Gentleman opposite chooses to organise a meeting in his own district, we shall very gladly send a lecturer.

were those people who gave those lectures paid by the Government,.and does that not make a difference?

It makes a difference to the lecturers. I do not think it makes any difference to the system I have outlined.

Workmen's Health Insurance Books

asked whether there is anything in the National Insurance Act or in the Insurance Commissioners' Regulations to prevent an employer demanding the production of the workman's insurance book before agreeing to employ him?

The employer is not authorised to demand the workman's health insurance book, nor is the workman required to produce it. If an employer makes it a condition of engagement that he shall be informed of any fact contained in the book, whether by seeing that book or otherwise, he does so without either right of excuse under the Act or the Regulations, and he has no more power to require an insurance book in future than he had power to demand production of a friendly society or trade union card or book in the past.

Soldiers and Seamen

asked whether the National Insurance Commission intend to make Regulations providing that approved societies are only to be allowed 5d. a year per man for managing the maternity benefits and all other administrative expenses in respect of members who are seamen, marines, or soldiers, in addition to an initial sum of 9d. for preliminary expenses; and whether this annual allowance can be supplemented, so as to make it reasonably possible for societies to take such men without actual loss?

As stated in my answer of the 27th June, the actual sums available with the State Grant for the above purposes are not 5d. and 9d. but 6 3–7d. and 1s. The expenses of administration in connection with this class of insured persons are very small, and societies will probably find the above sums more than adequate. No representation has, so far as I am aware, been made by the societies interested as to the inadequacy of the amount allowed, and I consider it would be inadvisable to supplement it at the expense of the funds available for benefits.

Is the right hon. Gentleman prepared to consider representations from societies who are desirous of taking soldiers and sailors?

Certainly; if the hon. Gentleman has any representations to make I will gladly consider them.

Small Societies

asked whether, when small societies apply to the National Health Insurance Commissioners to be separately approved, with a view to association for the purposes of periodical valuation in a county association, in preference either to merger in a centralised county society or to affiliation with such a society as branches, such applications can be promptly dealt with by the Commissioners on the desired basis, instead of delaying such action on the chance of the applicants changing their views in a direction more in accord with the views of the Commissioners?

The Commissioners have always recommended some form of common action between small approved societies. But there is no ground for the suggestion that they favour centralisation or affiliation as against association. All applications for separate approval are being dealt with as promptly as is possible, and the Commissioners have prepared a simplified procedure with rules specially adapted to the needs of small societies which should enable every such society that is eligible for, and desires to receive approval, to become approved at the earliest possible date after its application is received.

On what grounds do the Commissioners on some occasions decline to give advice to small societies and clubs?

I have no knowledge of any such action on the part of the Commissioners, and if the Noble Lord will bring it to my notice I will have it inquired into.

asked the Secretary to the Treasury whether, in view of the number of letters from persons connected with or interested in small friendly societies which are remaining unanswered at the offices of the National Health Insurance Commission (England) owing to the pressure of work upon the existing staff there, to the increasing inconvenience and anxiety of the committees of such societies, he will secure the temporary appointment of a larger staff to reply promptly to such letters?

The Insurance Commissioners fully realise the necessity of dealing as expeditiously as possible with correspondence received by them. I am not aware that a number of letters are remaining unanswered at the Commission, but if the hon. Member will notify me of any cases he has in mind I will have inquiry made. I may add that those connected with societies which desire to become approved, and especially Members of Parliament and others who are interested in smaller societies, would find the necessity for prolonged correspondence obviated if a representative could personally call at the Insurance Commission and discuss any particular difficulties with one of the staff.

Is the right hon. Gentleman aware that there is a very general complaint in the South of England that letters addressed by the executives of small societies indicating their wish to be approved receive no reply other than a mere formal reply adumbrating further communications which are not received?

When I saw the hon. Gentleman's question on the Paper I investigated the matter as far as I could, and I did not find that it was the case on any large scale. The difficulty with small societies is that they do not quite immediately understand what they have to do in connection with approval. That is why we shall be glad to see anyone like the hon. Gentleman, who is making this a special question, in order that we may settle the difficulty at once.

Questions

Sanatoria (Ireland)

asked the Chief Secretary whether the Women's National Health Association, acting on behalf of certain county councils, has purchased the Peamount estate, near Lucan, for the purpose of sanatoria for consumptives; whether a Grant for the purchase has been authorised by the Local Government Board and approved by the Treasury; if he can state what county councils the Women's National Health Association is acting for in this matter; if these councils will be liable for any contribution from rates towards the capital expenditure incurred; whether he is aware that the interim Report of the Departmental Committee on Tuberculosis recommended that only three-fifths of the cost of sanatoria should be defrayed from the Grant; whether, if the Local Government Board have departed from this principle in the case of the association presided over by Lady Aberdeen, he will be prepared to give the same terms to other voluntary associations and to those county councils who find themselves competent to do their own work without the assistance of Lady Aberdeen's association; and will he undertake, if the whole of the purchase-money for the Peamount estate is to come from the Grant, that a professional independent valuer shall be employed to report whether the estate is value for the money which the owner asks for it and which the Women's Health Association is willing to pay?

The answer to the first two paragraphs of the question is in the affirmative. The Local Government Board understand that the Women's National Health Association is acting in co-operation with the councils of the counties of Leitrim, Meath, Westmeath, and Donegal. The arrangements between the association and county councils in regard to contributions are not yet definitely settled in each case, but the hon. Baronet may rest assured that whatever conditions are imposed as regards the Grants given to the Women's National Health Association and the counties working in co-operation with it will also apply to other counties and voluntary associations working on their behalf. Reports have been made by eminent experts testifying to the good quality of the land and the suitability of the estate for sanatorium purposes, and an independent valuation does not appear to be necessary. The estate has been conveyed to independent trustees.

Can the right hon. Gentleman assure us that the money which has been granted to the Women's National Health Association will not be applied to any other purpose than the erection of sanatoria?

No portion of the money will be used for any other purpose than those for which it is authorised to be used under the Act in question. None will be used by the association for its own purposes.

Is the right hon. Gentleman aware that in consequence of the action of himself and the Financial Secretary to the Treasury there is a great deal of dissatisfaction amongst all who are interested in sanatoria in Ireland at the giving of this money to Lady Aberdeen?

Does the right hon. Gentleman approve of building a sanatorium at Lucan, in county Dublin, 200 miles away from Donegal and Leitrim?

Housing of the Working Classes Act, 1890 (Loans)

asked whether the right hon. Gentleman will say what loans for the housing of miners have been made during the past six years ending 31st December, 1911, under Clause 67 of the Housing of the Working Classes Act,. 1890, in the counties of Nottinghamshire, Derbyshire, and Yorkshire, respectively, and the total amount of loans made in the same period and for the like purpose in England, Scotland, and Wales, respectively?

The total amount granted by the Public Works Loan Commissioners for the housing of the working classes, under Section 67 of the Housing of the Working Classes Act, 1890, during the last six financial years (ending 31st March, 1912) was £1,118,726. The amount required for the housing of miners specially has not been kept distinct in any way, and therefore figures cannot be given stating what portion of the total sum granted has been devoted to this purpose.

Is the hon. Member aware that the total sum for this purpose is nothing?

asked if the right hon. Gentleman will state the total sum of money advanced under Clause 67 of the Housing of the Working Classes Act for the construction of workmen's dwellings in Great Britain during the past six years ending 31st December, 1911, and the total sum of money guaranteed by the Treasury and provided during the same period for the acquisition of land and houses in Ireland to enable Irish farmers to become their own landlords; and whether, seeing that the Treasury in the case of loans for the building of workmen's houses in Great Britain only advance 50 per cent, of the cost, whereas the full amount of the holding is advanced for the purposes of the Irish farmer, he will now give attention to the claims of the working classes in Great Britain?

As I have stated in reply to the previous question, the total amount advanced under Section 67 of the Act of 1890 in the six years ended 31st March last was £1,118,726. As regards the last part of the question, I do not think that the circumstances are sufficiently similar to justify the comparison which my hon. Friend would institute.

I did not ask for any expression of opinion. I asked for an answer to the question on the Paper, namely, what is the total sum of money advanced for the purposes I have stated in the question.

asked whether, seeing that Clause 67 of the Housing of the Working Classes Act, 1890, provides that, to encourage the better housing of working men, loans amounting to 50 per cent. on the cost may be advanced for this purpose, the right hon. Gentleman will say what steps, if any, he has taken to encourage and further the provisions of this Bill; whether he has since his term of office placed at the disposal of the Loan Commissioners sufficient funds to enable them to carry out the Act; and whether the Loan Commissioners have had to refuse loans for this purpose, having regard to the amount of money placed at their disposal by him?

The Public Works Loan Commissioners have not, at any time, had to refuse loans, for the purposes of the Housing of the Working Classes Acts, in consequence of the limited amount of money placed at their disposal by Parliament.

Is the hon. Member aware that the Public Works Loan Commissioners have stated definitely in writing that they are unable to make loans for this purpose because the Chancellor of the Exchequer has not placed sufficient money at their disposal? I have that in writing from them.

I am not aware of it. If I had been I should not have given the answer I have just given.

asked if the right hon. Gentleman will say, in view of the statement he made at Cardiff on 29th December, 1911, that the housing conditions in certain districts in South Wales were a disgrace to civilisation, whether he is aware that the Public Loan Commissioners have recently refused to sanction loans for the housing of miners in Yorkshire to a Welsh firm of builders on the ground that such a scheme was not of public benefit; whether he is aware that this refusal has resulted in the builders erecting cheap houses without baths and the other conveniences which are compulsory under the Housing Act; and, if so, what action he proposes to take?

I am informed that the application to which the hon. Member refers was probably one which was made by a firm who appeared to the Public Works Loan Commissioners to be speculative builders, whose scheme was on ordinary commercial lines, who declined to enter into the covenants usually required by the Commissioners restricting the rents or otherwise limiting the profits to be derived from the buildings, and the loan was refused on the ground that the work was not of such a benefit to the public as would justify a loan out of public money.

asked the hon. Member for St. George's-in-the-East, as representing the First Commissioner of Works, whether, seeing that under the Housing of the Working Classes Act, 1890, plans of dwelling houses have to be approved by his Department before a loan is sanctioned, he will say why his Department require four complete sets of drawings of every general plan, four sets of plans of the houses and the elevations of the said houses, and four sets of drainage plans, water plans, etc.; whether he is aware that city councils and other public bodies charged with the same business only require one complete set of plans; whether a complete set of plans in duplicate would be sufficient for the purpose of his Department; will he say what is done with all the numerous plans; and if the designs are treated as confidential within the Department?

The First Commissioner understands that two sets of plans are asked for by the Public Works Loan Board. Only one set is forwarded to the Office of Works. The designs are treated as confidential within the Department.

May I ask whether it is not a fact that four sets of plans have to be sent? I had to send four sets, two and three years ago.

The hon. Member is under a complete misapprehension. Four sets of plans are not asked for. Only one set of the two which are asked for comes to the Office of Works.

Where do the others go to? Are they sent to the Public Works Loan Commissioners?

The Public Works Loan Commissioners lend money, and ask the Office of Works to decide whether the buildings are suitable to lend money on. Therefore, two sets were required, one for the Public Works Loan Commissioners and one for the Office of Works, and only two were asked for.

If I send the hon. Gentleman the copy of a letter from the Office of Works asking for four sets of plans will he withdraw the statement he has just made?

I investigated the matter carefully this morning, and this is the state of affairs as it appears to me at the present time.

Land Values Duty

asked if the right hon. Gentleman will say why persons liable to duties on land values should continue to be served with notices and communications relating thereto, notwithstanding that they have expressly signed paragraph ( s ) in Form IV., requesting that all notices and communications of every description should be addressed to their solicitors or agents?

As far as possible effect is given to a request made by an owner in his return that communications in regard to matters arising out of the return should be sent to an agent or solicitor, but as regards the service of copies of provisional valuations the Commissioners are advised that such a request does not relieve them from their statutory obligation under Section 27 (1) of the Finance (1909–10) Act, 1910, to serve a copy of such valuations on the owner. If, however, an owner specifically authorises the service of copies on an agent instead of on himself, it is the practice of the Commissioners to act on this authority.

Will the hon. Gentleman indicate some new form of words which should be adopted in order to convey that intimation to those who desire the service of copies on their agents?

I will inquire, and if I find anything further is necessary I will communicate with the hon. Gentleman. This is the first time the point has been brought to my notice.

Australian Fruit Trade

asked the President of the Board of Agriculture if he can state the extent of the Australian fruit trade with the United Kingdom; and if any steps are taken by his Department to help this industry?

The answer to the first part of the question involves the recital of statistics which perhaps the hon. Member will allow me to circulate with the Votes. The answer to the second part of the ques- is in the negative. [ See Written Answers this date. ]

Insect Pests

asked if the right hon. Gentleman can now give the name of the expert entomologist who will give advice on insect pests to the head of the new Horticultural Department of the Board; and if he can state who will be the other seven scientific experts in this Department?

I am not yet in a position to give the information for which the hon. Member asks.

House of Commons (Lighting)

asked the hon. Member for St. George's-in-the-East, as representing the First Commissioner of Works, whether experiments have been carried through with regard to different filaments for the electric lights of the House; and, if so, whether he can state the conclusions obtained?

Experiments with different filaments were not carried out as the tungsten filament was considered the best.

Public Offices (Sites) Bill

asked whether the First Commissioner of Works will take steps to preserve the old houses in Whitehall Gardens, now endangered by the Public Offices (Sites) Bill, in accordance with the principle of the Bill for preserving important buildings lately introduced by him in the House of Lords?

There are very few rooms worthy of preservation in these houses, which have no great architectural merit. The First Commissioner has given instructions for the preservation of the ancient crypt of the Palace of Westminster, and expects also to be able to protect certain other portions. The matter has not been lost sight of in the preparation of the Bill.

Office of Works Contract (Fair-Wages Clause)

asked whether the firm which carried out the work on the steam mains at the General Post Office did not fulfil the terms of the Fair-Wages Resolution; and what the First Commissioner of Work proposes to do in the matter?

The Board's officers, having ascertained that the contractors were not complying with the terms of the Fair-Wages Resolution, called upon them to refund to the men underpaid the difference between the amounts they had actually received and the amounts to which they were entitled. This has been done, and the workmen's receipts duly furnished to the Department.

Loss of Steamship "Titanic."

asked the Prime Minister if the Government intend to give any expression to the general appreciation felt by the public for the prompt, efficient, and successful work done in the saving of life in the "Titanic" disaster by the commander and officers and crew of the steamship "Carpathia"?

Immediately upon the first arrival of Captain Rostron in this country after the disaster to the "Titanic," my right hon. Friend the Attorney-General publicly expressed to him, at the Court of Inquiry into the loss of the "Titanic," the thanks of His Majesty's Government for his services in saving the lives of more than seven hundred passengers and crew. The promptitude and energy with which Captain Rostron hastened to the assistance of the "Titanic" and picked up her boats are worthy of the best traditions of British seamanship. In paying this, the highest tribute in our power, to Captain Rostron, and with him, to the officers and crew of the "Carpathia," I am expressing, I feel assured, the general feeling not only in this country but throughout the world.

Will the right hon. Gentleman be good enough to inquire what steps were taken to recognise the gallant services of the officers and men who rescued life in the case of the wreck of the "Delhi," and whether in that case steps were taken by the Board of Trade to make recommendations in respect of those men, and whether that precedent will be followed in the present case?

I will consult my right hon. Friend the President of the Board of Trade.

Government of Ireland Bill

Civil Servants (Transfer)

asked the Prime Minister whether, in the event of the Government of Ireland Bill becoming law, the existing rights of transfer and exchange will be retained to those Civil servants who by the terms and conditions of their appointment are ordinarily transferable; and whether arrangements will be made by the Civil Service Commissioners to facilitate transfers in the case of any of these officers who may desire to transfer from the Irish to the Imperial service.

The position of existing Civil servants on the passing of the Bill as respects transfer and exchange will be the same as it is now. In ordinary cases, a Civil servant has no rights in this respect. On the Bill becoming law, arrangements will be made for any transfers and exchanges which may seem suitable in the circumstances.

Will the Post Office officials be in the same position as they are now?

Royal Irish Constabulary

asked whether, in the event of the Government of Ireland Bill becoming law, the Irish Parliament will have power, before the transfer of the Royal Irish Constabulary to the Irish Parliament, to repeal the Acts of Edward III., William IV., or any other Statute under which the preservation of the peace is now enforced in Ireland?

It will be in the power of the Irish Parliament to repeal any Acts of Parliament save in so far as they relate to matters excepted from its legislative powers. The hon. Member will see that the Royal Irish Constabulary and the management and control of that force is so excepted by Clauses 2 and 5 of the Bill.

Irish Church Fund

asked whether, if the Government of Ireland Bill becomes law, the Irish Parliament will have power to deal with the surplus of the Irish Church Fund, which, in regard to the Grant to the Department of Agriculture, is not to be revised by the Treasury till the year 1915?

Agricultural Rates Act

asked whether, in the event of the Government of Ireland Bill becoming law, the Irish Parliament will have power to vary or alter the incidence of the Agricultural Rates Act in respect of the relief given to landlords in regard to the Poor Rate, and to occupiers in regard to the county cess?

Is it not perfectly obvious to anything except the official mind that through a clerical or printer's error the word "Act" should be "Acts"? The question refers to the different Acts embodied in the Local Government Act of 1898.

Compulsory Irish

asked what Clause in the Government of Ireland Bill is calculated to prevent an Irish Parliament from imposing compulsory Irish upon primary and secondary State-supported schools, removing teachers not qualified to impart instruction in Irish, making Irish a sine quâ non of all Civil Service appointments, and thereby denominationalising the schools, post offices, and Civil Service of Ireland?

The statutory safeguard against outrageous legislation is the veto, which will reside, in the last resort, with the Imperial Executive under Clause 7 of the Bill.

Questions

Edinburgh Typographical Society

asked the Lord Advocate whether his attention has been called to the special general meeting of the Edinburgh Typographical Society, in which surprise and indignation was expressed at the action of the Crown authorities in the charge preferred against their late treasurer; whether the Crown authorities reduced the charge of embezzlement from £1,350 to £300; and what action, if any, he proposes to take in the circumstances?

My attention was not called to the meeting referred to by my hon. Friend. But I have made inquiry regarding the action taken by the criminal authorities in the case referred to; and I am satisfied that it was in every respect proper and correct.

Royal Navy

Loch Long (Mooring Buoys)

asked the First Lord of the Admiralty who is responsible for the waste of £1,392 of public money in relation to the mooring buoys for Loch Long?

The details of the mooring scheme for Loch Long were prepared in the Portsmouth Dockyard, and, in my opinion, it would be unjust to attribute the sole blame for the error which arose to any one of the persons responsible. Forty-eight buoys were purchased at a cost of £1,392, but it was subsequently found that they were too small to support the weight of mooring chain necessitated by the depth of water, and forty-eight buoys of larger size had to be secured. It is not correct to say that there has been a waste of £1,392 of public money, as nine of the original buoys have actually been utilised in the Loch Long mooring scheme, and the others have been taken on charge in readiness for use elsewhere. The necessary steps have been taken to avoid similar errors in future.

Would it be possible to have this work done in Scotland, so that it may be done accurately?

Parliamentary Visit to Fleet (Flags)

asked the First Lord of the Admiralty whether the flags used in the British Navy are exclusively English; and whether, in view of the first article of the Treaty of Union between Scotland and England, which enjoins that the crosses of St. George and St. Andrew shall be conjoined and used in all flags, banners, standards, and ensigns both on sea and land, he will take steps to substitute new flags for those now in use prior to the visit to the fleet of both Houses of Parliament?

There is no intention of making any changes in the flags used in the British Navy, which, I ought to add, are not, as suggested by the question, exclusively English.

Will the right hon. Gentleman cause a copy of the Union Jack to be sent to the hon. Member for East Edinburgh to explain what he said?

I have no doubt that the hon. Member has a full knowledge of that as well as the Noble Lord. I imagine he is referring to other flags which are not exclusively English.

Religious Ministrations

asked to whom the £4,000 paid annually by the Navy in respect of religious ministrations actually goes; and the names of any Presbyterian ministers or chaplains on the official list?

The £4,000 mentioned by my hon. Friend refers only to the cost of religious ministrations by Protestant ministers other than those of the Church of England. Of this sum, £1,600 is paid in fixed sums, namely, £1,125 to the Wesleyan Army and Navy Board; £175 to the Presbyterian minister at Portsmouth; and £100 each to the Presbyterian ministers at Devonport, Chatham, and Malta. The remaining £2,400 is paid in varying sums in the form of capitation fees to ministers officiating in all parts of the world. These include many Presbyterian ministers, but I am afraid the preparation of a complete list would entail considerable labour.

Questions

Wife Desertion (Glasgow)

asked the Secretary for Scotland how many wives and families have been thrown upon the rates in Glasgow owing to desertion by husbands emigrating, and the amount that it is costing the rates in Glasgow annually; and whether he has any information as to the proportion of such desertions in other parts of Scotland?

I have made inquiry and am informed that the inspector of poor and clerk to the Parish Council of Glasgow has calculated that 260 wives and 713 children have suffered in the way referred to, and that the resulting burden on the rates for the year was about £8,256. The answer to the second part of the question is in the negative.

Will the right hon. Gentleman say what steps he proposes to take to prevent this sort of thing occurring?

College Farm (Craibstone)

asked the proposals of the Scottish Board of Agriculture to utilise the college farm at Craibstone for the education of small holders; and whether the proposals practically amount to the control of the college farm by the Board?

The Board of Agriculture for Scotland has not made such a proposal.

Illegal Trawling (Scotland)

asked the number of foreign trawlers reported to the Customs authorities in each of the last two years for trawling in the Moray Firth and other areas prohibited to British trawlers under the Scottish Fishery Board; in how many cases these trawlers have attempted to land their fish in British ports; and why no allusion is made in the Report of the Scottish Fishery Board to the extent to which this foreign trawling is carried on, although the cases of British trawlers prosecuted are fully reported?

The number of foreign trawlers reported by the Scottish Fishery Board to the Customs authorities in each of the last two years for trawling in the Moray Firth and other areas prohibited to British trawlers was as follows:— observed in the Moray Firth outside territorial waters, and reported to the Customs have from time to time been given in answer to questions in the House of Commons, and I will consider the desirability of including them in future Reports of the Board.

Factory Accidents (Defective Illumination)

asked the President of the Board of Trade the number of accidents in this country last year attributable to defective illumination, as, for instance, in large factories; how many were due to defective installation or situation of the illuminant rather than to actual deficiency of illuminating power; and what proportion occurred during the night as contrasted with daylight?

My right hon. Friend has asked me to reply to this question. It would be impossible to give the figures asked for. The records are not, and could not be, compiled upon such lines. Defective lighting is rarely more than a contributory cause of accident, and in the absence of any standard there could be no trustworthy statistical data of the kind.

Derelict Vessels (Atlantic)

asked if, having regard to the danger to British shipping from derelicts floating round in the course of Atlantic steamers in waters other than those adjacent to Great Britain and the United States of America, it is intended to extend the occasional practice in special cases of requesting the Admiralty to remove derelicts, or to invite the co-operation of other Governments with the like object, or to take any steps beyond those hitherto followed?

I am appointing a small Departmental Committee to inquire and report on this matter. My hon. Friend, the hon. Baronet, the Member for Elgin and Nairn, has kindly consented to act as Chairman, and the other names will be shortly announced.

Elementary School (Dundry, Somerset)

asked the President of the Board of Education whether the elementary public school at Dundry, Somer- set, still remains closed; and whether, in view of his statement that the school would be re-opened on 17th June having proved mistaken, he will immediately call on the local education authority to supply the needed accommodation?

The answer to the first part of the question is in the affirmative. I understand that the rebuilding at the school has proved to be a greater undertaking than was originally anticipated. I have no reason to believe that any avoidable delay has occurred. The school will be reopened as soon as the building operations are finished, and no further summer holiday will be given. In the circumstances I see no reason for taking the action suggested in the last part of the question.

Illumination Committee

asked the Secretary of State for the Home Department whether he proposes to limit the proposed Committee on Illumination to the personnel of the Department, in view of the eventuality of an International Congress on Illumination, having regard also to the scope of inquiry of the French Commission; and whether experts competent to deal with every aspect of the question, and two or three Members of Parliament to consider the problems in their legislative bearings, will be appointed on the Committee?

It is not the intention to limit the Committee to officials of the Department. As my hon. Friend stated, in reply to a question last Thursday, the Committee will be one of experts, and they will be chosen as far as possible to represent the varied scientific questions involved. In view of the fact that the inquiry will be of a scientific character, I do not think it would be desirable to add non-scientific members to the Committee. The consideration of the administrative or legislative action to be taken will come later.

asked whether, in regard to the promised Committee on illumination, the Home Secretary will consider it wise not to restrict the question to the means of establishing a standard of illumination, but will so extend the terms of reference as to permit the investigation of a number of other matters of industrial as well as scientific interest?

The exact terms of reference are not yet settled, but it is intended they shall be wide enough to allow the Committee to institute such scientific investigations as may be necessary in order to enable them to advise not only as to standards, but also generally upon the lighting of industrial premises.

Norwich Prison (Flogging of George Ruthin)

asked the Secretary of State for the Home Department, whether, in the case of George Ruthin, who was recently flogged at Norwich prison for a breach of discipline, the punishment was administered by the official for an offence against whom Ruthin was punished; whether this is in accordance with prison regulations; and, if so, whether he will consider the advisability of issuing instructions to ensure that an aggrieved official shall not administer punishment?

The breach of discipline for which George Ruthin was punished was a violent assault. The punishment was not carried out by the officer who was assaulted. No specific instructions are required to prevent the occurrence of what no Prison Governor would ever permit.

Afforestation (Ireland)

asked the Vice-President of the Department of Agriculture (Ireland) what is being done in reference to afforestation in Ireland, and what help the Development Commissioners have given in the matter by way of Grant; and when this national work is to be commenced in Ireland on a large scale?

A sum of £6,000 has been provided annually in the Department's Estimates since the year 1909–10 for the purchase of woods on estates sold through the Estates Commissioners, and for the development of suitable areas adapted for forestry on such estates. The Department have acquired nine areas, comprising about 7,000 acres, and these woods are being managed on regular forestry lines, both as regards felling and disposition of mature timber and replanting. Another area of about 300 acres is about to be taken over from the Estates Commissioners. The Development Commissioners have recommended, and the Treasury have agreed to advance a sum not exceeding £25,000 for the purchase by the Department for afforestation of certain areas extending to nearly 11,000 acres, and negotiations for their purchase are in progress. Forestry schemes on a small scale are in operation under the county councils in Kildare and Westmeath, and the Department hope it may be practicable to inaugurate similar schemes in other counties.

Cable Charges

asked the Postmaster General whether, seeing that owing to the reductions of prices for telegrams in Russia messages can now be sent from England to Vladivostock at the rate of 4½ a word, he will consider the reduction of the charge of 3s. a word for telegrams to New Zealand and of 4s. and 5s. a word to the West Indies, with a view to an approximation to the Russian rate?

I regret that I am not in a position at present to make any statement with respect to further reductions of cable rates.

Boat-Slip (Cahirciveen)

asked the Chief Secretary for Ireland whether the Congested Districts Board will take into consideration the fact that from twelve to fifteen, boats go out fishing from Cahirciveen during the autumn season, and that the absence of a boat-slip interferes with the possibility of the pursuit of the fishing industry; and whether he will again press on the Board the necessity of providing a boat-slip?

As I have already informed the hon. Member, the Congested Districts Board have decided not to undertake the construction of a boat-slip at Cahirciveen at present, as in their opinion other more important works in the county Kerry require earlier attention.

Land Purchase (Ireland)

asked whether, in view of the fact that improvements have been undertaken on estates before full particulars of title have been furnished, and in view of the fact that the summer is now so far advanced, improvements will be started without delay on the Jermyn estate, near Castle Cove, for which the negotiations have been practically concluded?

The Congested Districts Board have agreed to purchase this estate, but it has not yet been vested in them. The land improvement works to be carried out by the Board upon the estate will be executed before the winter.

asked the Chief Secretary whether he is aware that purchase agreements were entered into by the tenants on the Hippesley Sullivan estate, situate in the electoral divisions of Kilturra and Cloonoghill, union of Tubbercurry, county Sligo; whether this estate has yet been vested in the Estates Commissioners, in accordance with the provisions of the Land Act of 1903; if not, whether he can say when it will be so vested; and whether, on completion of the sale, the administration of the estate will lie with the Estates Commissioners or the Congested Districts Board?

The estate of C. A. Sullivan, Florence Hippisley, and others, part of which is situate in the electoral divisions referred to, is not being sold to the Estates Commissioners, but is the subject of proceedings for sale direct by the owners to the tenants under the Irish Land Act, 1903, and the Commissioners anticipate that it will be reached in its order of priority in the financial year commencing the 1st April next.

Illegal Fishing (Ireland)

asked the Chief Secretary whether, in view of the fact that no seizures for illegal fishing since 1st April, 1912, have been made off the coast between Dingle Bay and Kenmare River, and that the "Helga" was only seen by fishing boats between 13th and 15th June, he will have an examination made of the original sailing log of the "Helga," in order that particulars may be forthcoming of the days on which she was on duty in this district; and can he state whether the captains of the other boats which have been detailed for special protection duty are fully acquainted with the fishing by-laws, in view of the fact that about six years ago the special by-law of 1898 had to be brought to the individual notice of one of these captains?

The Department consider it inadvisable to publish details of the "Helga's" Marine Police work. The log of the vessel has been examined, and I am satisfied that she was in the neighbourhood described in the hon. Gentleman's previous question during the month of May and also in June. The captains of the other vessels that are detailed for special protection duty are fully acquainted with the fishery by-laws.

Secondary Education (Ireland)

asked the Chief Secretary if his attention has been directed to the statement of the Roman Catholic Bishop of Derry as to the position of Irish secondary education, and that unless their financial grievances were redressed before the Government of Ireland Bill became law there would be little prospect of bettering the educational position for years to come, as an Irish Parliament would have too many calls upon its resources to be able to pay due attention to the country's educational needs; and if he is yet in a position to make any statement as to an increased Grant for Irish secondary education?

I have seen a newspaper report of the address referred to by the hon. Member. I am not yet in a position to make any statement on the subject.

National School Teachers (Ireland)

asked if the Commissioners of National Education have issued queries to managers regarding the recoupment of teachers for the moneys expended on their schools; what guarantee have the Commissioners that none of the replies to the queries are contrary to fact; and will they consider the advisability of requiring managers to forward certificates signed by teachers to the effect that the latter have been recouped for their outlays on their schools?

The Commissioners of National Education inform me that in every ease in which it appeared that the teacher had contributed towards the cost of heating and cleaning of national schools during the year ended 31st March, 1912, they withheld the payment of their Grant for the services until they obtained an assurance from the managers that the teacher had already been reimbursed his expenditure or that such reimbursement would be made to him out of the Grant payable by the Commissioners when issued to the managers. The Commissioners have no reason to doubt that the school managers will carry out the undertakings thus given by them, and in the circumstances it is not considered necessary to insist on the production of vouchers signed by the teachers.

Foot-And-Mouth Disease

May I ask the Minister for Agriculture whether he has any further information to give the House as to the lamentable outbreak of foot-and-mouth disease?

Four main disease centres in Great Britain have now been defined: (1) Cumberland; (2) the southern portion of Lancashire; (3) the West Riding of Yorkshire, and (4) the southern portion of Northumberland. Since I made my statement yesterday afternoon a case of disease has been discovered in the Manchester abattoirs, and the suspected cases reported from Barnsley; Stannington, near Morpeth; Ponte-land, near Newcastle; and Kirk Whelpington, near Hexham, have been confirmed. Another outbreak at Harraby, near Carlisle, has also occurred. All these cases are in scheduled areas. Further suspected cases, all in scheduled areas, have been reported from Bedlington, near Morpeth; from Kirk Whelpington, near Hexham; Chollerton, and Benwell Hill, Newcastle; from Dukinfield, Altrincham, and Stockport, in Cheshire; from Liver-sedge, Ackworth and Purston in the West Riding; which are the subject of veterinary investigation. I am glad to say that the case reported from Launde in Leicestershire has not been confirmed, but as a precautionary measure the animals reported to be affected will be detained for a few days for further veterinary examination. The animals which had arrived at the Royal Show yesterday were all inspected by the Board's assistant veterinary officer, Dr. McCall, and an inspector of the Board was present and issued permits for the return of all the animals to the places whence they came in Great Britain. Steps will be taken to arrange for the detention under observation of the animals when they reach their destinations. One lot of Irish animals arrived at the Show for exhibition. These animals had been carried from Ireland to Holyhead in the vessel which had conveyed the diseased animals to Harraby, on the following trip of the vessel. Information was also received from the Irish Department that they had been brought from premises about three miles from the outbreak which had been detected at Swords, county Dublin. Since it was found impossible to make arrangements for the effective isolation of these animals at Doncaster, the Board authorised their inspector to arrange for their valuation and slaughter.

Can the right hon. Gentleman give the House the communications which passed on this matter between the Irish and the English Departments; can he arrange for the attendance in this House of the Minister for Ireland, and will any opportunity be given within a brief period to discuss this matter of extreme importance to our country?

Some parts of the question should be addressed to the Leader of the House. I cannot undertake to answer them, but I can answer the first part of the question. A telegram was sent to the Irish Department immediately on the discovery of the disease in the abattoirs at Liverpool on Thursday last, acquainting them with the facts and suggesting the dispatch of representatives of the Department to assist in the tracing of the animals and to keep the Department informed of the position. Since that time the communications between the two Departments have been mainly of an oral or telephonic character, very few of which have been formally recorded, and it would not be practicable for them to be presented in the form of a Parliamentary Paper. If there is any specific matter in regard to which the hon. Member would wish to receive information, perhaps he would address a question respecting it, either to the Chief Secretary or to myself.

May I ask the Chief Secretary when the first information was received of the existence of the disease in Ireland, and what were the steps taken by the Irish Department to deal with it on the information being received?

I am not in a position to answer that question. I hope the Vice-President will be here to-morrow, and I have no doubt he will be able to give the right hon. Gentleman the information which he very naturally desires.

Were the latest sporadic outbreaks of this disease in England dealt with on totally different lines? Were the restrictions not confined to the farms affected, and under these circumstances is there sufficient justification for pursuing the policy of forcing an embargo on the cattle trade of Ireland?

When outbreaks have occurred in England it has been the custom in recent years to have Orders issued providing for the standing still of all animals within an area of fifteen miles on each side of where the outbreak occurred. Where it has not been possible to trace an outbreak it has been necessary to take steps to track down the animals before there was any more dangerous traffic.

May I ask the Chief Secretary whether he is not aware that in dealing with questions of this kind hours are of the utmost importance, and whether it may not be possible to obtain the views of the Vice-President of the Board of Agriculture in Ireland without waiting for twenty-four hours, which we are now asked to wait?

The Vice-President and the whole of his staff are at the present moment most actively engaged in doing everything that can possibly be done to ascertain the facts. Everything is being done to limit the spread of the calamity. I am not in a position to give the information asked by the hon. Member for North Dublin. [An HON. MEMBER: "Why not?"] I will get it.

I am saying at present that it is essential that the fullest information should not only be obtained—

The remark of the right hon. Gentleman should be put in an interrogative form.

May I ask the right hon. Gentleman if he can now state whether it is his intention to place any embargo on the holding of the Highland Society's show at Cupar-Fife next week, and whether there has been any outbreak of foot-and-mouth disease in Scotland?

May I ask when the message to which the right hon. Gentleman referred from the British Department was supplied to the Irish Department?

In reply to the Noble Lord, I have to say that so far as it is possible for me to judge at the moment, it will not be necessary to prohibit the exhibition of cattle, sheep, goats, and swine at the Highland Society's show, but, as a measure of precaution, I propose to make arrangements for excluding therefrom any which come from England or Ireland. So far as we can tell at present there has been no outbreak in Scotland.

May I ask the Chief Secretary for Ireland a question of which I have given private notice, namely: Whether he can state what further information is to hand respecting the outbreak of foot-and-mouth disease in Ireland, and what Regulations have been issued respecting Dublin market and the export of livestock?

I have received a telegram from the Vice-President of the Department stating that no trace of foot-and-mouth disease has been found anywhere in Ireland outside the Swords district. I shall be happy to furnish the hon. Member with copies of any Regulations which have been issued by the Department.

May I ask the President of the Board of Agriculture whether it is not a fact that the South of Ireland has been for a great many years absolutely free from disease of an infectious character, and that not a single case in the present outbreak has been traced to any place within 100 miles of ports like Cork and Waterford, and whether there is any reason why he should not at once, as this is a matter in which every minute means many thousands of pounds, rescind the embargo on these non-infected ports as regards animals which are intended for immediate slaughter?

I think that it is too soon to assume that no other centres of disease exist in Ireland than those which have been discovered in county Dublin. The tracing back of the affected animals with a view to the discovery of all the animals to and from which infection may have been conveyed is a difficult task, and until it has been completed by the Irish Department and I have had an opportunity of examining the results arrived at, I do not feel myself justified in allowing importation to be resumed. I hope, however, that it may not be long before I am able to allow fat stock brought from areas in which it has been shown that disease does not exist to be landed under conditions which will minimise the risk of the introduction and spread of disease in Great Britain.

May I ask the right hon. Gentleman what steps have been taken with regard to preventive measures, as there is a very strong feeling that foreign hay has brought about the disease in Ireland? Is the right hon. Gentleman doing anything to prevent the importation of foreign hay into Ireland?

So far as the importation of foreign hay into Ireland is concerned, I have no power to deal with the matter.

Has there not been an absolute prohibition of the importation of foreign hay from places like France, and has it only been permitted since last February?

Having regard to the extensive exportation from county Kildare, I desire to ask the Chief Secretary for Ireland whether I am to understand from his answer to-day that county Kildare is exempt from this disease, whether the restrictions which have been placed upon the export of livestock from that county will now be removed, and whether such cattle as may come from that county may be allowed to be exported from other ports than the port of Dublin?

The hon. Member would not be justified in coming to a conclusion of that sort. Inquiries are still going on. The effect of the telegrams read was that so far no trace of disease has been found anywhere in Ireland outside the Swords district. But I am bound to associate myself with what fell from the President of the Board of Agriculture, that it would be premature to assert positively and with absolute conviction that all other areas are free from disease.

May I ask the President of the Board of Agriculture whether it is not a fact that the cattle that were sent from county Meath to Manchester, Leeds, and other places, viâ Holyhead, might have contracted the disease in transit from Holyhead; that the disease develops between twelve and forty-eight hours after infection; and, further, may not the person in charge of those cattle on his return to Ireland have gone to the same farm for the purpose of purchasing more cattle, and whether he has made any inquiries on the subject?

I have no doubt that the fact in regard to which the hon. Gentleman asks information will be inquired into. So far as Ireland is concerned, the facts are being investigated by the Irish Department. I should not like to say how the infection has been carried.

May I ask whether the right hon. Gentleman can tell us whether he communicated with the Irish Department on the receipt of unofficial information at the beginning of last week as to the existence of the disease in county Dublin?

As I said yesterday, I had no information given to me last week or at any time on which I could make any communication to the Irish Department. It is impossible to accept every piece of gossip which is entirely unsupported as being sufficient ground on which to make an official investigation in another country. If there had been any ground given to me that the gossip was well founded an inquiry would have been made, but no place, farm, or county was named, and of course I could not take official action.

Was not this information received from one of the most noted graziers and breeders in Scotland?

4.0 P.M.

Yes, but that does not alter the fact that I cannot be expected to start an investigation when I am told even by a great breeder that he suspects that there is foot-and-mouth disease in another country. As far as I know there was no ground for such a statement, and absolutely no definite information was given either officially or unofficially.

Are we to understand that when information of a definite character comes from responsible persons and reaches the Minister in charge of these matters, that while nobody expects him to make investigations, he does not at once address a general inquiry to the other Department to ascertain whether they have any information confirmatory or the reverse of this information.

There was absolutely no information of a definite character. It was of a most indefinite character, and I believe that after the statement referred to was made in the communication to a member of my staff, the gentleman who made it said that he wished to obtain definite information as he had no definite information to go on. We were quite prepared to take action immediately we had the least hint that there was any foundation for the statement. Such information as came from the Irish Department led us to believe that there was no disease of this kind existing anywhere in Ireland.

Sir JOHN LONSDALE rose—

May I remind hon. Members that it is only written questions that must now be asked. These retrospective questions cannot be asked.

Personal Explanation

I wish to make a personal explanation in regard to the question which was raised just now as to informal information which was given to my Department. When I received notice of the question I had not had time to refresh my memory in regard to the facts. I have since had an opportunity, while other questions have been before the House, of refreshing my memory by a reference to the interview papers, and I should like to tell the House that it was not until Thursday of last week after the outbreak of foot-and-mouth disease at Liverpool that any information of this informal character reached the Board. It was conveyed to the Private Secretary of the Permanent Secretary of the Board in the absence of the Permanent Secretary at that moment. It only amounted to this, that the informant said that a friend of his in the Midlands had last autumn expressed to him his belief in the possibility of the fact that foot-and-mouth disease came from Ireland. Directly the Permanent Secretary heard of this, he at once telephoned to the gentleman who had left the office, to try and get hold of him. Having found him, the gentleman undertook to inquire from his friend in the Midlands whether he had any details on which we could act. The information was conveyed to us two or three days afterwards that it was a veterinary officer in the Midlands who had mentioned this, and who had said that he had only wondered whether it were possible that the disease came from Ireland, and he had no information to give on the point. As this occurred after the outbreak in Liverpool, I hope the Board will be exonerated.

After the statement of the right hon. Gentleman, I withdraw altogether what I said.

May I ask the right hon. Gentleman whether he communicated at once with the Irish Department of Agriculture, and whether he received any reply from that Department to his communication?

Suffragists in Prison

Miss Aileen Connor Smith

I desire, with the leave of the House, to make a short explanation in reference to the Debate of last Friday. The question arose whether any differentiation had taken place between different suffragist prisoners, and the case of Miss Connor Smith was mentioned as a case of such differentiation. The Home Secretary said:—

"There is nothing exceptional in the case of Miss Connor Smith, and it certainly was not in consequence of representations of my hon. Friends opposite that I agreed to her discharge. If the Noble Lord presses me, though I would advise him not, I will read the precise facts. I am certain he can raise the case again, as my Vote will be down again, but I hope he will take it from me that it is better not to do so now. Perhaps he will consult Miss Connor Smith's brother and sister. The brother I saw; the sister came to the Home Office; I was not able to see her myself, but I know what she said. I would ask the Noble Lord to ask her responsible guardians whether they wish, for the sake of their sister and for the sake of the family, to have the case raised."—[OFFICIAL REPORT, Friday, 28th June, 1912, col. 694.]

On receiving that information naturally I assumed, and I believe everyone who heard the right hon. Gentleman assumed, that there was something very painful, or even discreditable, and that we ought not in the interests of the lady herself to deal with the question further. I therefore accepted the assurance of the right hon. Gentleman, as we are accustomed to accept all assurances made by Ministers on their responsibility in this House. There appears in the paper this morning a letter from the brother of the lady to whom the Home Secretary referred, which states:—

"With reference to the liberation of my sister, Miss Aileen Connor Smith, which was the cause of some discussion during the House of Commons debate on the treatment of suffragist prisoners, allow me to say that there need be no mystery in connection with this matter. I gave the Home Secretary a positive assurance that, so far as my influence over my sister was of avail, she would not, if released, engage in further militancy. I did not inform my sister of this, because I knew that she had refused to give any undertaking with regard to her conduct; but, although not her legal guardian, I felt sure she would be guided by my advice. I am in sympathy with the woman's movement, but as my sister had been in prison altogether five months since November, I feared her health would break down if the strain were continued."

Immediately I heard of that letter being sent to the paper I communicated with the brother and had an interview with him, and he assured me that the letter was perfectly accurate and that that was the real reason why Miss Aileen Connor Smith was liberated. Under those circumstances I think it right to call the attention of the House immediately to the very strange statement which the Home Secretary made.

I thought that the Noble Lord was going to make some personal explanation, and I was waiting for it. He is not entitled to raise this question again.

No; but I will say that I was put in a very awkward position indeed. [HON. MEMBERS: "NO."] Indeed I was. I was asked by this lady to mention this case, and then I was put in the position of having it suggested that I was doing her a great injury by referring to the matter. I am anxious to point out to the House that the action I took I took in consequence of what the lady told me, and that, as far as I can see, what the brother has since told me in every way justifies the action which I then took.

When the Noble Lord raised the question on Friday, I made the statement which he has read to the House in order that there should be no misapprehension as to my reasons. I also said in the same speech, in a portion which the Noble Lord has not read, that the young lady in question was not discharged on medical grounds, and therefore there could be no suggestion that it was owing to any personal defect upon her part that she was discharged. But the reason why I asked the Noble Lord not to go into the question without consulting the brother and sister first was a very simple one. When the brother first called upon me he represented that owing to the extreme youth of his sister—[An HON. MEMBER: "She is twenty-seven."] She was represented to me as a young girl. I do not know what her age is, but that was the representation made that she was a young girl, and he also represented to me, and I assumed from the brother's letter that he does not wish to conceal the fact, that for months they had been able to conceal from Miss Aileen Connor Smith's mother the fact that she was in prison, and that he was afraid that they could no longer conceal it from her. I understood he was anxious that it should be concealed from the mother if possible, and that, inasmuch as he would take the girl away, as, though he could not get an undertaking from her that she would not again break the windows of London tradesmen, he would ensure that she should not do so by taking her away, I thought that in all the circumstances of the case—

I have no doubt, after the full publicity which has been given to the case, that the Noble Lord is right, but I am fully sure that if the Noble Lord had consulted the brother and sister in the first instance, before he brought this case up, he would have succeeded in doing what I was most anxious to do, to get this young lady once more under the guidance or influence of her brother and sister, who, though not lacking in sympathy with her political views, are totally opposed to action of this kind. I did it in the interests of the family. I thought that by letting out this young lady on that occasion I could get her away from these pernicious influences, to which the Noble Lord objects quite as much as I do. The whole point of the charge brought against me by the Noble Lord in the Debate was that I had discriminated in this case because of pressure brought by hon. Members opposite. The fact is quite the contrary. Those hon. Members opposite who spoke to me will remember that they spoke a long time ago, and that I did not let her out then. I only let her out since representations were received from her brother and sister.

Disturbance at Castledawson (County Londonderry)

I wish to ask the Chief Secretary for Ireland a question, of which I have given him private notice: Whether he has any information with regard to an attack by Nationalists on Protestant school children attending a fête at Castledawson on the 1st July; whether any of the children were injured, and, if so, in what manner; whether the Nationalists were a party of the Ancient Order of Hibernians; what caused the attack, and were any arrests made?

Before the right hon. Gentleman answers that question, might I ask whether his attention has been called to the fact that a large body of Orangemen were collected from the surrounding districts right in the field in which the excursionist children had assembled; whether on the arrival of the excursion train containing the Hibernians the Orangemen and the excursionists left the field in which they were gathered within a few hundred yards of the railway station and proceeded up the road and met the Hibernian procession; whether, before leaving the field, the Orangemen armed themselves with a large quantity of stones, and on meeting the Hibernian procession assailed it with cries of "To Hell with the Pope!"; whether they left the field to go to the railway station and met the procession nearly two hours before the train by which the excursionists were to return to Whitehouse was due to start, although the distance to the station was only two or three hundred yards, and whether the circumstances to which I have alluded were the cause of the row which took place?

The only knowledge which I have of the occurrence is derived from the police, from whom I have received the following statement:—"A Sunday school excursion party, numbering about 500, many of them women and children, and accompanied by a band, came from Whitehouse, county Antrim, to Castledawson on the 29th June. On the same date four bands belonging to the Ancient Order of Hibernians with about 300 followers, went from Castledawson to attend a meeting at Maghera. The two parties when returning met on the road to Castledawson station, and, although the police did their best to supervise the passing of the two crowds, one of the Hibernian crowd dashed into the excursion party and a general row at once ensued. The excursion party was reinforced by Protestants of the town, and both parties stoned each other and the police, who interposed to keep them apart. A blue banner which was being carried by excursionists was pulled away from them, but was rescued by the police and restored to its owners. The police ultimately succeeding in inducing the crowds to retire, and the excursionists then left without further interference. So far as the reports before me go it would not appear that anyone was seriously hurt. No arrests have been made. Several persons have been identified by the police as taking part in the disturbance, and a full report with regard to them will be laid before the Attorney-General for his directions."

Is the House to understand that the party attacked was a body of 500 Sunday school children going out to the field, and that they were attacked by 300 Nationalists, able-bodied men? Can the right hon. Gentleman tell us whether these 300 men were armed with bludgeons and pikes; whether they did not stab and seriously injure the children; whether one of the objects of the attack was to take a Union Jack from the hands of the boy who was stabbed when it was in his hands, and also whether it is not a fact that no adult person in any way interfered with these Hibernians or did anything until after the police dispersed them, and then rendered assistance to the police as all loyal subjects ought to do?

Before the right hon. Gentleman replies, may I ask whether he will allow me to furnish him with a document in my possession—[HON. MEMBERS: "No, no," and "Order."]—and whether he will grant an exhaustive inquiry into this case, because we challenge the first inquiry?

I have these contradictory statements. I cannot make myself a partisan as regards this matter. From the report of the police it is quite clear there were more than children. In the fight which took place one of the Irish Constabulary was so violently kicked in the stomach that he had to be relieved from duty. [An HON. MEMBER: "Not by the school children."] I do not suggest that, of course, but the statement before me is that it was one of the Protestant party. That there was a violent conflict between the two opposing factions is, of course, perfectly obvious.

All I can say is the police say that no one has received any serious injury, and we all rejoice at that. I am quite willing that there should be the fullest and most careful inquiry by some perfectly independent person.

May I ask the right hon. Gentleman whether it is not the fact that he received notice of this serious question to be asked to-day at Question Time; whether between yesterday and today it was not possible for him to get a full report from the police of what actually occurred; and whether it is not the fact that these little children went there to celebrate their annual excursion, and were set upon by the Hibernians?

May I ask, having regard to the records of the Hibernians, why the right hon. Gentleman did not provide an adequate police force to give protection to these children?

I did not know of it; I knew nothing of the meeting of these persons on the road at this particular place. It is quite impossible without notice to arrange for an extra force of police. The thing was evidently entirely unexpected and unlooked for, and the force of police was adequate for an ordinary occasion. The hon. and gallant Gentleman seems to think that I knew and anticipated it. I knew nothing whatever about it.

May I be permitted to ask one question? Am I to understand—it is not the fault of the right hon. Gentleman of course; no doubt I did not hear him quite distinctly—that in the Report of the police there is not one word or suggestion of any Orange party, or of any attack made upon the Hibernians by an Orange party, or one word to substantiate the statement made by the hon. Member for East Mayo (Mr. Dillon)?

The police Report has no relation whatsoever to any statement of that sort; it simply describes what actually occurred. They were two formidable bodies, and not merely women and children. The police endeavoured to keep them apart, but unfortunately failed, and this faction fight ensued.

On a point of Order. May I ask whether it would not be in order to ask leave to move the Adjournment of the House.

The hon. and gallant Gentleman had better wait until the end of Questions. Mr. Richards.

Earl WINTERTON rose—

I beg to give notice that I will raise this matter on the Motion for the Adjournment of the House this evening.

In view of the unsatisfactory answer that we have received from the Chief Secretary with regard to the matter that has occurred recently in Ireland, I beg to ask leave to move the Adjournment of the House in order to call attention to a matter of urgent public importance, namely—

The Noble Lord has anticipated the hon. and gallant Gentleman by giving notice to raise the same question this evening.

May I ask, in regard to the Noble Lord's notice, whether, not being on the Paper, it is not possible to ask to move the Adjournment on an important matter of this sort, in preference to having a Debate at the fag end of the evening?

The hon. and gallant Member ought to have settled that with the Noble Lord.

With regard to the ruling you have just given, Sir, is it possible to stop any Debate by merely giving notice that you intend to discuss it between eleven and half-past eleven?

It must be a Debate relating to a definite matter of urgent public importance.

This is not a time for speeches. I think we all know perfectly well what occurred.

Shall I be in order in asking leave to withdraw my notice to discuss the matter on the Adjournment of the House? May I say that, in rising on a point of Order, I gave notice because I understood you, Sir, had already refused the Motion of my hon. and gallant Friend to move the Adjournment of the House, and that was the reason why I rose to give notice to raise the question on the Motion for the Adjournment of the House to-night. I beg to ask leave to withdraw my notice.

I did not refuse to allow the hon. and gallant Member to ask leave to move the Adjournment, as the Noble Lord knows. What occurred was this: The hon. and gallant Member rose to move the Adjournment of the House, and I said, "Let it wait," because I was aware there were other questions which had to be raised and the hon. and gallant Gentleman resumed his speech. There were other questions, and, as the Noble Lord knows perfectly well, it is usual to take the Questions first, and to leave the moving of the Adjournment of the House until the last, at the conclusion of all the Questions. The Noble Lord cannot withdraw his notice now; he gave definite notice to raise the question to-night. He is entitled to raise it to-night and he cannot now withdraw the notice. It is quite obvious that it could not be on the Paper. It would be an entirely new precedent to put upon the Paper a notice that an hon. Member was going to raise a question on the Adjournment of the House.

Simply for our guidance with reference to this, is the result of it to be that at any time during Question Time when we have evidence that a question is going to be raised on a Motion for leave to move the Adjournment, any Member can take exception, and at once stop that by giving notice to raise it that night on the Motion for the Adjournment of the House?

Any Member can do that now by handing in a notice at the Table. It is one of the unfortunate results of the rule against anticipation what is commonly known as the Blocking Rule, that any hon. Member handing a notice in at the Table can prevent a question of this sort from being taken.

May I ask whether such notice to be effective must not appear upon the Notice Paper? Is it your ruling that if the notice be handed in to the Clerk at the Table it becomes effective as a Blocking Motion before it has appeared on the Notice Paper?

I am doubtful, but I will give the right hon. Gentleman an answer to that to-morrow. That point is not covered by the ruling in regard to what has taken place to-day, and it does not really arise. It was only incidentally that I referred to it. I think I had better take time to look into the precedents before I decide the matter.

May I ask, with all respect, whether you will consider the ruling given to-day in that connection, because otherwise the verbal notice given in this House would give a privilege which is not afforded to a written notice given in the ordinary way.

May I ask whether, when notice is given to raise a question at night, or at any other time, it is not perfectly open to the hon. Member who gives notice to withdraw it at any time, and whether, notice having been given in this case by inadvertence, or in ignorance of what took place, the mere authority of the Chair shall operate against the wishes of a large section of this House, and prevent a subject of such importance from being discussed?

The Noble Lord is assuming that I should have accepted the Motion of the hon. and gallant Gentleman. He is making a very large assumption indeed. The discussion relates only to a definite matter of urgent public importance. The House will please bear that in mind. I am quite willing to give any further decision to-morrow.

On a point of Order. I cannot, I understand, withdraw my notice to raise this matter on the Adjournment, and I therefore beg to give notice I shall bring it up.

Disturbance at Cwmtillery

I beg to ask the Home Secretary a question, of which I have given him private notice:—Whether he can give the House any information concerning the reported rioting and police baton charges at Cwmtillery last night, when a number of women and children were injured; and, whether he can state the number of police engaged and the injuries received by them?

The Home Office has had a telegram from the Chief Constable to the effect that there was rioting and that the police were compelled to charge. No further particulars have reached me, but I will make inquiries.

Bills Presented

Public Trustee (Scotland) Bill

"To provide for the appointment of a Public Trustee for Scotland, to amend The Judicial Factors (Scotland) Act, 1889, and for other purposes connected therewith." Presented by Mr. DUNDAS WHITE; supported by Colonel Greig, Mr. Munro-Ferguson, Major Anstruther-Gray, Mr. Barnes, Captain Gilmour, Mr. Wilkie, Mr. Morton, and Mr. Watt; to be read a second time upon Wednesday, 24th July, and to be printed. [Bill 266.]

Public Health (Acquisition of Water) Bill

"To enable the Local Government Board by Provisional Order to give powers to local authorities for the purpose of the Acquisition of Water." Presented by Mr. HERBERT LEWIS; to be read a second time upon Monday next, and to be printed. [Bill 267.]

Government of Ireland Bill

Further considered in Committee.—[ Progress, 1st July. ]

[Mr. WHITLEY in the Chair.]

CLAUSE 1.—(Establishment of Irish Parliament.)

(1) On and after the appointed day there shall be in Ireland an Irish Parliament, consisting of His Majesty the King and two Houses, namely, the Irish Senate and the Irish House of Commons.

(2) Notwithstanding the establishment of the Irish Parliament or anything contained in this Act, the supreme power and authority of the Parliament of the United Kingdom shall remain unaffected and undiminished over all persons, matters, and things within His Majesty's Dominions.

Amendment proposed [ 1st July ]: In Sub-section (2) to leave out the word "of" ["authority of the Parliament"], and to insert instead thereof the words "which now resides in."—[ Mr. James Mason. ]

Question again proposed. Debate resumed.

This Amendment, which I formally moved last evening, requires some little explanation to make it clear, and I feel sure that the Committee will see that, although it does not raise a very big point, it raises one far more important than would appear at first sight from the words. It is really a question of time. It raises a question whether the supremacy which it is intended to retain under this Bill over the Irish Parliament shall be such a supremacy as we understand now exists over Ireland, or whether it shall be a form of supremacy which is not only understood to now exist over His Majesty's Dominions, but which may exist under altered circumstances over those Dominions at some future time. The difference between my words—the words I propose—and the ones which now exist in the Bill represents the difference which exists between the supremacy which we hold to-day and the supremacy that we might hold in the future were that supremacy to be altered by factors outside the scope of this Bill altogether. In the words of the Bill, in my opinion, the supremacy which is claimed is that which would exist, or might exist, at some future time on an occasion which might arise to call the supremacy in question. But the supremacy which we in this Parliament now maintain over the Parliaments of the Dominions is admittedly a very weak one, at any rate in practice. I think it has. also been frequently admitted that the self-governing Dominions are able, in spite of that supremacy, to practically do anything they choose, and it has been frequently stated that any one of these Dominions might in the future go so far as to declare itself separate from the Empire altogether, and in such a case this country could do nothing to resist such a claim. I do not think it is claimed for a moment that if Canada desired to draw closer the bonds between her and the United States, at the expense of her connection with this country, that we in this country do anything to thwart such a desire. There are many who maintain that if the policy of so-called Free Trade is permanently adhered to such a contingency might easily arise. The result is that the supremacy which now exists over the self-governing Dominions, such as it is, might, under the circumstances which I have described, be further reduced, or even abolished altogether, and, if the words remain as they are, that reduction or abolition in the case of the other Dominions would carry with it a curtailment of the supremacy which we are proposing to set up over Ireland and would probably reduce that supremacy to a very low point, if not to zero. The proposal which I have ventured to put before the Committee is that the supremacy which we claim to exist by this Parliament over a Parliament set up in Ireland shall be such a supremacy as now exists over Ireland. I believe it has been said by the Government several times that that is their offer to the Protestant people of Ireland as a safeguard; they say that if such words are used as to convey a supremacy such as now exists over Ireland it would remain unaffected.

I did not know what argument the hon. Member was going to adduce in support of his Amendment, but I am rather afraid he is trenching upon an Amendment in the name of the hon. Member for St. Pancras (Mr. Cassel), to leave out the words "within His Majesty's Dominions," and to insert instead thereof the words "in Ireland and every part thereof."

I am desirous of not interfering with that Amendment, and I am endeavouring as far as possible—I think I can succeed—to avoid bringing up the question of the Dominions, because the really important word which I propose is a word which affects time rather than the question of the Dominions. The accent is on the word "now." I suggest words which would proclaim the supremacy such as now exists rather than the supremacy which might exist under altered circumstances—circumstances altered by factors outside this Bill at some future time. I think in that way I can avoid raising the question of the Dominions as against other terms which may be used. It seems we have a clear indication in the Bill that the supremacy is one which we now understand to exist whether over any part of His Majesty's Dominions or over Ireland alone. So long as it is clearly understood that the supremacy now existing is not one which might exist under altered circumstances, I think the case for the Amendment will have been fairly made. I hope I shall have, in this, the support of the right hon. Gentleman the Chief Secretary, because he indicated very clearly, in a speech he delivered yesterday, that the supremacy in the case of Ireland was not to be at all the sort of supremacy which we now declare exists over the Dominions. He went so far as to say that the geographical position of Ireland made it essential that any authority exercised over there should be the authority of the United Kingdom, and then he went on to point out clearly the necessity of the Irish Parliament being a really subordinate Parliament. Unless the position is made quite clear, that the supremacy is such as that which we now possess over Ireland, it is quite obvious the words of the Bill might lead to a kind of supremacy which will possibly be altered at some future time. The supremacy we now have over Ireland, I think, ought to be the minimum of authority we shall exercise in the future. It is true there are other ways of bringing about the effect sought by my Amendment, and I have put down on the Paper an alternative form of words at the end of the Section. I merely mention that in case objection is taken to this form of words.

The hon. Member desires to provide against any possibility in the future of the supremacy—I will for the purposes of the moment call it the technical supremacy—which this Parliament claims over the great self-governing Dominions being disavowed, and he fears if that were done some time in the future this Clause, as it now stands, would have substantially the same effect in relation to Ireland. You, Sir, pointed out to the hon. Gentleman that that really raises the question whether the words used in the last line of the Sub-section are really the most appropriate words to deal with that point. That appears to us to be a fair matter for consideration. The hon. and learned Member for St. Pancras (Mr. Cassel) has put on the Paper a proposal that these words shall be modified, and when the proper time comes we will deal with that proposal from our point of view. But I think that the hon. Member for Windsor will see that to provide in a Bill for some possible consequences of some future Acts of Parliament is a thing which cannot be done. Parliament cannot, in an Act, propose legislation to provide for possible developments which other Acts of Parliament may incidentally bring about. Nothing that we could do here would reduce the power of Parliament hereafter. We must content ourselves with dealing with the situation as we find it, and so far as the Amendment is concerned we have dealt with it in the way in which it ought to be dealt with, in the language of the Clause as it stands. I apprehend that the use of the word "remain" lower in the Clause purports a continuance in relation to Ireland of that supremacy or sovereignty which exists at this moment. That is certainly our intention, and it appears to us, supposing the point is to be dealt with, it would more properly be dealt with by the suggestion of the hon. Member for St. Pancras [to substitute the words "in Ireland and every part thereof" for the words "within His Majesty's Dominions"]. If, therefore, the hon. Member, who I know is endeavouring to put a point of substance, can see his way to allow the matter to be raised on the later Amendment, his point will be fully met, and at the same time we shall avoid a circumlocution which from a drafting point of view it would be desirable to avoid.

Nobody will appreciate the importance of the objection better than the right hon. and learned Gentleman, who has been a Law Officer of the Crown. There are many suggested additions to a Clause which are not objectionable in the sense that they make the Clause wrong, but they are extremely objectionable if all they do is to leave the situation exactly where it was before. The multiplication of words is one of the worst things that can happen in any well drafted Clause. I agree that there is a point in the hon. Member's Amendment, but it is raised by the Amendment of the hon. Member for St. Pancras; and we shall be glad to hear what is to be said for it then.

Supposing the words remain as they are and in course of time there is set up an Imperial Council, such as many are working for, and some of us hope will come about. That Imperial Council might very easily have transferred to it jurisdiction within the Empire over some of the matters mentioned in Clause 2—for instance, the regulation of the conduct of any portion of His Majesty's subjects during the existence of hostilities and jurisdiction over the Army and Navy. I suggest that if the words of the Clause stand as they are, and such a change comes about, the result will be to put the new Irish Parliament as regards those matters in a direct relation to the Imperial Council entirely excluding the jurisdiction of this Parliament. At any rate, a relation will be created between the Imperial Council and the Irish Government which in some respects will ignore or be beside the authority of this Parliament. That would not be the effect if my hon. Friend's words were inserted.

I welcome the Solicitor-General as a convert. It is said that Parliamentary Debates induce no effect on the mind. We have had an opportunity of seeing that that is not so, because the Solicitor-General has just stated, as an objection to this Amendment, that it is undesirable to insert words which leave matters precisely as they stand. That is our objection to the whole Subtion. It is now clear that the Solicitor-General agrees with us, and I hope he will vote with us against the Sub-section on the Report stage.

The Solicitor-General objects to this Amendment on the ground that the point is raised by another Amendment lower on the Paper. Are we to understand that the Government are going to accept that later Amendment? I agree that the same point is raised, but I think that the Amendment of the hon. Member for St. Pancras goes a little further than the Amendment now before the Committee, and if we let the present Amendment go by we may find that the Government are going to resist the later Amendment on totally different grounds.

may say at once, as far as the general question is concerned, and subject to the arguments to be adduced, that if the Opposition desires it I do not see any objection to the Amendment of the hon. Member for St. Pancras. I think it is an Amendment well worthy of consideration, and in point of principle I see no objection to it whatever. The question will be much better raised then than now.

I understand from the Prime Minister that if we make out our case he will be willing to give favourable consideration to the Amendment of the hon. Member for St. Pancras, but that he does not commit himself until he has heard our case.

In those circumstances I would advise my hon. Friend to withdraw his Amendment.

It seems to me that the Amendment of the hon. Member for St. Pancras is not quite the same. It does not cover the point with regard to an Imperial Council. In fact it seems to be more in the nature of a limiting Amendment.

It is not a limiting Amendment at all; its object, as I understand it, is to get rid of the Colonial question and to maintain the supremacy as it is over Ireland.

We should like some amplification of the shake of the head with which the Solicitor-General treated my remarks. Circumstances might arise which would diminish the authority of the Parliament of the United Kingdom, such, for instance, as the creation of an Imperial Council. I suggest that such a circumstance, taken in connection with the reservations in Clause 2, would directly affect the authority of Parliament over Ireland.

That would have to be dealt with in the Act in question.

Amendment, by leave, withdrawn.

I beg to move, in Subsection (2), after the word "Kingdom," to insert the words "including its power to repeal or amend all or any of the provisions of this Act."

I do not suggest that from the legal point of view these words would add anything to the Clause. The Prime Minister has said that from the legal point of view the whole Sub-section might just as well be out of the Bill. I agree with the Prime Minister, who speaks with great authority on these questions; but as we are putting in a declaratory Clause, we might at all events clear up one point about which, not from the legal, but from the moral point of view, there might possibly be some doubt raised. We want something in the declaration, if we are to have a declaration at all, showing expressly that this Bill is not to be regarded as in the nature of a treaty. On the First Reading the right hon. Member for the City of London (Mr. Balfour) put the categorical question to the Government, Whether or not this Bill was to be regarded as in the nature of a treaty, so that its terms could not be varied without the consent of the Irish Parliament or of the Irish Members in the Imperial Parliament? It is in order to negative that suggestion that I desire these words to be inserted. I agree that Parliament cannot deprive itself of the power to repeal any Act which it passes; but it can prevent a subsequent Parliament from repealing an Act which it has passed. It is constantly said that the Act of Union is a treaty. We want these words inserted to obviate that point being raised in reference to this measure.

It is some satisfaction to hear that. It is contended, however, that this Bill is a modification or replacement of the Act of Union. Perhaps "modification" and "replacement" are not good words to use after what we were told yesterday, as to the effect of this measure being to tear down the Act of Union and trample it underfoot. But in some way or another the Bill is supposed to be a substitution for or a modification of the Act of Union. If the Act of Union itself is claimed to be a treaty, it might be claimed that a modification or substitution ought to be treated in the same way. If that is not claimed there can be no objection to the insertion of these words, which would make the point perfectly clear. As showing the importance of the point, I may remind the Committee that the claim in reference to the Act of Union is set up not only by Members below the Gangway, but by the Foreign Secretary. On the Second Reading the right hon. Gentleman said:—

It is remarkable that the Act of Union is said to be a treaty only when alterations are proposed which do not suit Members below the Gangway, or Members on the Treasury Bench. When the Irish Church was disestablished, although there was an article in the Act of Union expressly referring to that question, there seemed to be none of these scruples as to dealing with a treaty. I know it is claimed that the Irish Church was disestablished with the consent of the Irish Members; but it seems rather curious to say that it was done with the consent of those who were the original parties to the treaty, because the original parties were Grattan's Parliament, and Grattan's Parliament were likely to have given a very different answer in regard to that alteration. In view of that claim being made, this important and vital question ought to be clearly settled. Let me put some contingencies in which it might become essential for the Imperial Parliament to have the power of repealing or modifying the provisions of this measure. I am not dealing merely with cases of abuse, such as those referred to by the hon. Member for Waterford yesterday. I am dealing with cases where it may become absolutely vital in the interests of the United Kingdom that there should be some repeal or some modification of this measure. Take one example. By Clause 2 of this Act we give certain powers, while certain powers are being reserved, and excepted in favour of the Imperial Parliament. The residue of those powers are given to the Irish Parliament. Circumstances may arise in which it may be vital in the interests of the United Kingdom that some powers which have not been excepted should be excepted. I could give instances, say, in the case of industrial legislation, where it might become vital to have certain industrial legislation applied to all parts of the United Kingdom. Supposing a case of that kind arises, are we to be met by hon. Gentlemen from Ireland saying, "Oh, but this is a treaty; you cannot repeal any part unless you repeal the whole." Precisely the same argument is put before us in reference to that of which this professes to be a modification, the Act of Union. It is to dispel doubt of what is more moral and political than legal, that I am asking for the insertion of these express words. They are particularly important if you consider the question of finance. On that question, as the Bill stands, the only way that the Imperial Parliament can show its supremacy is by repealing or modifying the Act. Let me make that clear. Clause 15 gives the Irish Parliament the power of varying any Imperial tax, either by way of addition, reduction, or discontinuance. Take the discontinuance as my example. Discontinuance would absolutely repeal the tax. Suppose that this House imposed a Land Tax upon Ireland or imposed a Customs Duty—I am assuming that a Government got into power and considered it advantageous that there should be one Customs Tariff in the United Kingdom as being vital in the interests of the United Kingdom itself—supposing they put on a Customs Tariff, by Clause 15 the Irish Parliament can repeal the whole of it, and that notwithstanding Clause 41, because if hon. Members will look at Clause 41 they will find, although with reference to any kind of law the Imperial law overrides and prevails over the Irish law, yet in regard to the laws dealing with the variation of taxation it is specially provided in Sub-section (2) as follows:—

"Provided that nothing in this Section shall affect the powers of the Irish Parliament to vary an Imperial Tax in accordance with this Act or any variation so made."

Supposing, then, the Imperial Parliament wishes to assert its supremacy and wishes in the interests of the United Kingdom as a whole to impose a Customs Duty applicable to the United Kingdom as a whole, how can it do it? It imposes it and the Irish Parliament takes it off. How can it assert its supremacy? I suggest that the only way is by repealing or modifying the Act. I do not know whether the learned Solicitor-General can suggest any other way in which it can be done. I do not see any other way. Assuming the case is one with regard to the vital question of finance, a question which might practically arise. Although hon. Members opposite may doubt it, it may not be so long before there may be in power a Government in favour of some tariff for the whole of the United Kingdom. If that contingency arises there is no way, having regard to that provision of Clause 41 and Clause 15, by which the Imperial Parliament can assert its supremacy except by repealing or modifying the Act. In that way the Irish Parliament is placed in a position superior to that of any Legslature in the whole of the Empire. No Legislature has such great powers with regard to finance except the Imperial Parliament. There is no other Legislature which can take off a tax imposed by the Imperial Parliament.

Are there any taxes imposed of that nature?

Not as a matter of fact perhaps; but the right hon. Gentleman when he made that interruption must have been perfectly well aware what my meaning was. He must be aware that the thing is a matter of legal right. The Irish Parliament is placed in a position which no other Legislature in the Empire is when it can, subject to certain special provisos, repeal a tax put on by the Imperial Parliament. The only way the Imperial Parliament can assert its authority is by repealing or amending the Act. That is why it becomes of great importance to have these express words in so that if the necessity for it arises we shall not be met by the statement "that this is really in the nature of a treaty, that this has been accepted as a full settlement, and if you depart from it one iota you will depart from it as a whole: it leaves open all questions, and you are not entitled to do it, for the matter is one of moral and honourable right, quite apart from the question of legal right." Let me only say this in addition, because I think I have made my point clear to the hon. and learned Gentleman opposite: there are two arguments with which I may be met, which I want to anticipate. It may be said that by the express insertion of these words there would be a sort of invitation constantly to interfere with this Constitution. I cannot say that I think it would be anything of the kind. It only means that if the occasion for exercising interference arises, it can be exercised. It may be that it will never arise. It may be that it will often arise. What we want to provide for is to have it expressly declared that if, and when it does arise, it shall not be said against us: "You are violating a treaty, committing a breach of faith of a settlement which you have entered into." That is a point we want to guard against. It may be the power will never have to be use. Still, it is very important and very vital to reserve the power in the last resort. May I remind hon. Gentlemen opposite that this is a power which often is expressly put into federal constitutions. We are led to believe that this Bill is to be something in the nature of a prelude to a federal constitution. If that be the case, let me say that the American constitution contains express terms in regard to these alterations; so does the German constitution. It is for reasons which I have given that I think the matter is of great importance, and should be expressly recognised on the face of the Act itself. The other argument which I may be met with by the hon. and learned Gentleman is that the words are unnecessary. If he meets me with that argument, then I reply at once, so is the whole Sub-section in a legal sense. If, however, it is to be put in for some purpose, let us not make it other than precise. We objected to the Sub-section in its original form because no specific meaning attached to it, and it was a sham. If we are to have it at all, then we are trying to put in something which will make it a little more definite and merely help to dispel any doubt which may really and reasonably arise upon questions such as the ones I have indicated.

The hon. and learned Gentleman has given his remarks a wide range, as in them he seems to see in prospective the return of a Tariff Reform Government. I will not go into that. The point which his Amendment raises is really a point which I think can be dealt with fairly and briefly. He desires to introduce into this Sub-section the express statement that amongst the supreme powers reserved to the Imperial Parliament shall be the power to repeal or amend all or any of the provisions of this Act which we are now discussing. How does he endeavour to justify that proposal? By saying that it is desirable that we should distinguish between a Treaty and an Act of Parliament. He called attention, I think rightly, to the fact that the Act of 1800, which we know as the Act of Union, did in itself involve a treaty. So it did. It is also true that the Act of Scottish Union in 1706 involved a treaty. But certainly no lawyer, looking at either of these two Acts of Parliament, could possibly suppose that they were simply Acts of Parliament in the sense in which we are accustomed to deal with Bills before the House. The whole form is a form of a treaty. They recite in each case the articles of treaty. Nobody, least of all a lawyer of the erudition of the hon. and learned Gentleman opposite, can possibly suppose that this Bill is in that sense a treaty at all. It is not a treaty in that sense, and nobody so regards it. The hon. and learned Gentleman says, I think rightly, that what he proposes would not make any difference in point of fact.

I mean the effect of it, whether put in or not, is, legally speaking, the same. It does not always follow that it is not desirable to put words in. It may be so, but I do, on behalf of the institution of which we are all Members, take definite objection that nothing can be more undesirable than that we should do something which, so far as I know, has never been done before in an ordinary Act of Parliament. That is, to insert in a provision words which might be used hereafter as showing that unless we were claiming our right to revise or amend an Act of Parliament it could not be amended or revised. The whole spirit and tradition of the legislation of this House suggests that that would be a most unfortunate precedent to set. It is one which I certainly cannot be any party to. The hon. and learned Gentleman referred to the American precedent and the German precedent. Surely the very fact that we have to go to foreign sources should be sufficient to show that we are dealing here with a system of legislation the underlying assumptions of which are characteristic of British institutions. It is essentially characteristic of our legislation that though we classify some laws as constitutional and others as non-constitutional, that all stand on exactly the same level from the point of view of the House of Commons or the House of Lords. The words proposed are entirely contrary to the spirit of our institutions. That we should insert, for instance, special powers of revision which admittedly have no legal effect and which conceivably might hereafter produce ill effect, and do nobody good, and which, as we conceive, would with much more reason do ill than good, would be a mistake. For these reasons I hope the hon. and learned Gentleman will not persist in his Amendment. With the other Amendment which he has given notice of the Prime Minister has shown himself anxious to deal in a fair spirit. Such a proposal as this we believe will not improve the Bill.

The argument of the hon. and learned Gentleman the Solicitor-General may be quite sound, but certainly it is an extraordinary one coming from the Government which claim to keep Sub-clause (2) in the Bill. Really the up-and-down way the Government argue this question is astonishing. The hon. and learned Gentleman now says that we claim to put something into an Act of Parliament which is at present the law of the land, and which would never be called in question. Every word of that applies to Sub-section (2) itself. That is the case of the Government themselves. I pointed out that it was a most doubtful method of legal procedure, that we should put into a Clause what is merely a declaration of the existing law, which nobody questions. That is the very worst kind of legislation. If we are to get on the Government should have struck out this Sub-clause (2). Of course they would not do that, because it is put in, as we so often say, for the purpose of humbugging people and of making them believe that something is given by Act of Parliament which is not given at all. Look at the position we are now in. The only answer given to the very careful speech of my hon. and learned Friend by the Solicitor-General is that what is proposed in the Amendment is already the law. We have spent something like two days on a Sub-clause which the Government insist in keeping in the Bill against our wishes, the whole thing being subject to the very argument which the Solicitor-General now advances against this Amendment.

I cannot see why the Government should take up this attitude. They will not allow the Opposition even in these matters, where it is admitted you are merely making a declaration of the law and not any new enactment, any hand, act, or part in what is to be put into this Bill. The reason is that the picture might be spoiled. If they had only accepted the application of the Opposition to strike out this sham Sub-section we might have been far down in the Bill by this. They say they are giving something in this Sub-clause to protect the minority in Ireland, and when we want the Sub-section amended by putting into it something which will make clear the rights of this House as to amending the Constitution which is to be accorded to Ireland by this Bill, the Solicitor-General gets up and says it is unnecessary. The whole of the time spent in the last two or three days is due to the determination of the Government to keep in this Sub-clause, which the Government ought never to have put into the Bill at all. The Solicitor-General says that the Government insist on declaring this question of supremacy. If that is so, let us also put upon the face of that declaration something which will give some intimation of the meaning of it and the powers likely to be exercised by this House in relation to the Constitution given to Irish Parliament. The Solicitor-General might have said, "We accept these words, though we do not think them necessary," and the Committee might then have gone on to-another Amendment. But he did not do that. The Government sometimes say a thing is black and sometimes that it is white, and so on. That is the way this Bill is treated. I suggest to the Solicitor-General that we might very well have these words in upon his own argument and pass on to some other Amendment.

It seems to me that the Solicitor-General did not attempt to meet the arguments of my hon. and learned Friend the Member for St. Pancras (Mr. Cassel) with regard to Clause 15. He tried to make out that my hon. and learned Friend was endeavouring to draw a herring across the track, instead of trying to answer his arguments, which seem to me to be perfectly unanswerable. I should like to support this Amendment upon rather different grounds. I support it not only as a safeguard to the interests of the Imperial Parliament, but out of consideration for the people of Ireland themselves. We are giving by this Bill a Constitution to the people of Ireland, and if there is any likelihood of our having to alter this Act in the future it seems to me that that power ought to be put definitely and in black and white upon the face of the Bill. If it is not so put into the Bill and you wish to alter it any time hereafter the Irish Parliament possibly might not have any technical ground of objection, but if we do not put it into the Bill there will be a loophole left for very acute controversy and a pretext for arguing that such a power was never meant to be implied when the Bill was being framed. In the first instance, of course, it will be argued that the power was implied in the Bill, and if the Act is to be altered by the Imperial Parliament there will be an acute sense of grievance on the side of the Irish people. Hon. Members below the Gangway may be perfectly clear to-day, and they may have no doubt at all as to the power of altering the Act and that that is implied in the Act, but are they so sure that the Irish twenty years hence, for instance, is going to take the same view? I submit that in the present state of the Clause it is so vague that it is really almost impossible to say what it does do and what it does not do. It looks as if the Clause was made vague on purpose. Either it is made vague in order to avoid ruffling the susceptibilities of the Members of the Irish party or it is made vague because it is intended never to alter the Act at all. After what the hon. Member for Waterford said upon some previous occasions, it is really not unnatural that we should have our suspicions. Speaking in this House on the 8th of August, 1892, the hon. and learned Member for Waterford (Mr. John Redmond) said:—

"What we ask is that there shall be a specific undertaking that while the Irish Parliament continues in existence the powers of the Imperial Parliament to legislate for Ireland should never be used."

And on the 14th of February, the following year, he said:—

"You must not expect that any scheme will be successful for the government of Ireland which sets up, either directly or indirectly, this Imperial Parliament as a court of appeal from Acts of the Irish Legislature."

Is that still the opinion of the hon. and learned Member?

That seems to be raising a question which is raised by a subsequent Amendment. In this Amendment we are only dealing with the question as to whether these words are required and should be stated in black and white in this Clause.

I bow to your ruling, Mr. Whitley. I was going on to say that if the hon. and learned Member takes that view in regard to Acts passed by the Irish Legislature, he will certainly take that view so much the more strongly in regard to an Act which gives power to the Irish Legislature to pass Acts. In any case the result is very pernicious. The Irish party ought to know in a straight way where they stand in the matter. Their susceptibilities are very much more likely to be roughened in the future when confronted with the unexpected if this Act is to become law. If, on the other hand, it is intended to frame this Clause so as to exclude the power of the Imperial Parliament to alter the Act in the future, I think the Amendment is all the more important, and our doubts ought to be removed. That this measure will be altered at some future date is absolutely certain. It may prove necessary, for instance, to modify the provisions dealing with the constabulary or the Irish Civil list, or the conditions under which the reserved services are transferred in the future. It may be even desirable to extend the power of the Irish Legislature. On the contrary, it may be found necessary to curtail it. But one thing is quite inevitable, and that is that some of the legislative portions of this Bill will have to be reshaped in the future in order to fit it into the federal scheme which the Prime Minister is going to set up.

We cannot upon this Amendment go into that question. It is agreed, I think, on both sides that the question here is simply whether these words are implied in the Sub-section or whether they should be written into the Bill. You cannot discuss these other questions upon that.

I bow again to your ruling, Mr. Whitley, and I am very sorry if I transgressed it. I feel that the Government would show they are very much more sincere if they included these words. If they are really bonâ fide in their arguments there can be no objection whatsoever to this Amendment, and the only possible ground of objection is one I think they would not care to state. I am rather suspicious myself that the Irish party have brought pressure to bear upon the Members of the Government to make this Clause as fixed as possible.

I hope the Government will not try to escape responsibility in that way for what they are now producing.

I do not want to detain the Committee, but it is almost impossible to keep within the limits of this Amendment.

I think it is an advantage to put these words into the Clause. I quite recognise the fact that they do not alter the law; still, I think it is very desirable that they should be stated, because it does show what is really the case according to the mind of the Government that this is a transitory Bill. If these words are put in, they will call attention to the fact that this Bill is a transitory Bill and not a solution in the formation of an Irish Parliament. The Government always tell us that this is only an instalment of the system which they are going to develop for the whole of the United Kingdom. They tell us they are proposing to set up Parliaments in Scotland, Wales, and England as well, and that their scheme is to be a federal scheme. Then why not put in these words which give a clear indication to the country and to the lay mind that it is intended ultimately to alter this Bill, because there cannot be the slightest doubt it will be necessary to alter the Bill if their federal scheme is ever developed. The Solicitor-General talked as if this Bill was only going to be read and understood by gentlemen trained in the legal profession. Of course, that is not the case, and I do think that when this House is considering words to be put into an Act of Parliament it should pay attention to the effect produced upon lay readers of the Bill and not only to the effect produced upon the trained mind. No man in the House would for a moment dispute the fact that unless you put in words of this kind you will find plenty of people who will say that this is a treaty. It is not everyone who has the advantage of studying the various Acts of Union between Scotland and England, and between Ireland and England as carefully as the Solicitor-General. It is not everybody who will be able to see that this Bill if it becomes law is entirely different in form from them, and therefore it seems to me that if these powers do exist as we are told they do, whether they are inserted or not, it is advisable to show on the face of it that they do exist, and to show thereby that you are not making any terms of a treaty that cannot be altered. I would like to call the attention of the Solicitor-General to the Clause in this Act which deals with the representation of Ireland in the House of Commons of the United Kingdom. Clause 13 says:—

Unless and until the Parliament of the United Kingdom otherwise determine."

If it is undesirable to put the words which have been suggested in an Act of Parliament why do you put those words in the Clause I have mentioned? Because the provisions of that Section can only apply so long as this House wishes them to apply. Those words are in for the very same purpose to show that in that respect it is not a treaty, and we are asking to put those words there in order to show that in no respect is this a treaty. The right hon. Gentleman, the Member for Dublin University (Sir E. Carson) has already pointed out that the Solicitor-General's arguments are contrary and opposite, and it is difficult for us to meet the contentions of the Government, because they change so very rapidly from one point of view to another. It seems to me that the argument of the hon. and learned Gentleman is equally fallacious, because he contended that nothing could be more objectionable than to let it be understood that unless we claim our right to revise we shall not be able to do so, and he said that if we put in those words it might be alleged when a difficulty arose that we had not the power to repeal or amend in another Act in which these words did not occur. I should like to know whether there are any other Acts setting up Constitutions and Parliaments within the British Dominions containing words similar to those in Subsection (2), because if that is so, according to the contention of the Solicitor-General, we have already given up our supremacy over every other Parliament which may be set up in the Dominions beyond the seas. I really do not know what the Solicitor-General's grounds of objection are. I think I have shown that all the cases he has mentioned are not tenable propositions, and I fail to understand why the Government resist this Amendment which seems to me to be one eminently practicable and desirable, and at all events I shall support it.

The fact that the Government insists on retaining Sub-section 2 of this Clause makes it impossible for them to argue that there is no danger of the Imperial Parliament abrogating the supreme power which they say they possess. There is a strong argument from the precedent of the Act of Union itself in favour of putting these words in. We have been told by the Solicitor-General this afternoon that the Act of Union is a treaty, and not an Act in the ordinary sense, that it recites the various articles of agreement between the Parliament of Ireland and Great Britain and gives effect to them more or less in the terms of the treaty. Why did Parliament take that course at that time? The Imperial Parliament had not of necessity to get the consent of the Irish Parliament if the supremacy was really vested in it at that time. Why did they not pass an ordinary Act, and why did they have recourse to this extremely unusual form of what has been described, as a treaty? How did Grattan's Parliament come into existence? It came into being by repealing the Act of 1719, the Act of George I., which was entitled an Act for better securing the dependency of the Kingdom of Ireland upon the Crown of Great Britain. That was a short Act, which was repealed; but Parliament could not interfere with the facts which that Act recited, and in that recital you will find:—

"The King's Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons of Great Britain in Parliament assembled had, hath, and of right ought to have full powers and authority to make laws and statutes of sufficient force and validity to bind the Kingdom and people of Ireland."

That is a statement of the existing position, and when Grattan's Parliament was set up nothing was put on the Statute Book to upset that fact.

I have not the Act by me, but my recollection is that the repealing Act said the right of the Irish Parliament alone to legislate for Ireland has been ascertained and established for ever.

Is the hon and learned Member referring to the Act of 1782 because I should very much like to clear this point up. It seems to me if that was the state of affairs as recited in the Act of George I., and nothing was done to upset that matter of fact as there recited Parliament would not have set about abolishing the Union by Treaty if they had had the power to do it in the ordinary way. It is quite possible you may want to modify the terms of this Act if this Bill ever becomes an Act in the future. It is quite possible you might wish to withdraw the powers you are now giving to the Irish Parliament and therefore it is most essential that it should be made quite clear that that could be done without the consent of the proposed Irish Parliament. It is only because I wish to prevent the same position arising where the supremacy of the Imperial Parliament was so questioned in spite of these declarations that it was necessary to have recourse to a separate treaty, that I hope this Amendment will be accepted.

This is a very short point. We admit on both sides that whether these words are inserted or not they cannot legally make any difference to the powers of this House. The object of my hon. and learned Friend is to make it clear that this Act can be altered. These words are intended to give notice to the Irish Parliament that it is contemplated even now that this Act may be altered and to meet an objection that might be raised by them hereafter that this Act was in the nature of a treaty. The hon. and learned Gentleman opposite differentiated this Bill from the Acts of Parliament for Scotland, because he said those were treaties. I beg to point out that if this Bill becomes an Act it will be regarded by Irishmen as in the nature of a treaty, and they will consider it a grievance hereafter if this treaty is altered. If that is so, why not give notice now by putting those words in that it is intended and contemplated that power should be reserved to this House expressly by those words that alterations should be made, and it should not be regarded as making this Bill in the nature of a treaty.

The point we are discussing is admittedly a very narrow one, but it raises questions of very grave importance which we might as well settle once for all. From my own point of view it seems desirable, although not constitutionally necessary, that those words should be inserted. After all, in spite of what the Solicitor-General has said, I do not think we can regard this measure as establishing a new Constitution and Parliament in Ireland altogether in the light of an ordinary Act of Parliament. It must be taken that this is a most exceptional occasion in the history of this country, and when the learned Solicitor-General tells us it is not necessary in ordinary cases where ordinary Acts of Parliament are under consideration to insert any words of this character because those words are necessarily implied, in my view an argument of that kind does not apply under circumstances such as we are discussing at the present time. A good deal has been said in the course of the Debates which have taken place about Colonial analogies. No doubt it may be argued that, as we have granted Constitutions to our self-governing Dominions in the Empire by various Acts of Parliament, so it lies within the power of the Imperial Parliament by merely repealing those Acts to take away those Constitutions which at various times it has seemed good to us to grant. No doubt, technically, we do possess that power, and, theoretically, it would be merely necessary to repeal such Acts of Parliament as the British North America Act, the Australia Act, or the South Africa Constitution Act, and inasmuch as those Acts were repealed by the Imperial Parliament forthwith, those Constitutions would come to an end; but, in practice, we know that it would be absolutely impossible for us ever to exercise that power which admittedly we technically possess. We know we cannot exercise that power in the case of those self-governing Dominions, and we hope that we shall never wish to exercise such power. But with regard to the new Constitution we are granting to Ireland, surely it is possible, and in my view highly probable, that possibly after a few years have passed we shall desire to exercise the power either of amending or else, what appears to be far more probable, of repealing the Act altogether. This is a right which we desire to exercise or to have the power of exercising when it seems good to us to do so. In the exceptional circumstances of this Bill, in my view this cannot be regarded as an ordinary Act of Parliament, and cannot be governed by the rules which guide us in dealing with ordinary legislation. Under these exceptional circumstances, and in view of the fact that this is a right which we shall have to exercise—because we know hon. Members below the Gangway are not going to be in the least degree satisfied with the powers we are conferring upon them under this Act, and there is going to be infinite trouble in Ireland from every point of view—surely it is far better that this power should be definitely set out in the terms of the Bill itself.

The position taken up about this Sub-section is that it has a moral effect, and they have never defended it on the ground that it has a legal effect. It has been said by the Prime Minister that the supremacy of the Imperial Parliament is in any case assured, but the question is whether, in a Sub-section intended not to have any legal but a moral effect, it is not desirable to say that the Imperial Parliament has not only the legal authority but the moral authority to vary the conditions of this Bill, and that there is not to be a moral claim made that in substance and reality this is a treaty between two nations and has not to be varied. That seems to me a very substantial point. We know that a moral claim just similar is made in respect of the terms of the Act of Union.

The hon. Member may not agree, but it is substantially similar for the purposes of my argument. It is often said this Parliament is perfectly legally entitled by a Distribution of Seats Bill to alter the number of seats allowed to Ireland in the Imperial Parliament, but there is no moral right. It has often been said by the Chief Secretary that morally this Parliament is debarred from altering the proportion of seats except by the consent of Ireland. Why might not the same sort of thing be said about the terms of this Bill? Why might it not be said that morally the British Parliament was debarred from going back on what was in reality a great settlement of the question between the two nations? We must never forget that is how the matter is put forward. This is a national claim to set up a national Parliament, and the British Parliament is conceding this national claim. Might it not be reasonably said, "You are exercising your legal powers in an inadmissible way? You are reviving the national settlement made between the two nations." Therefore, I say, if it is worth having the Sub-section at all, it ought to be made clear on the face of it that the powers of this Imperial Parliament extend not only to other matters, but also to the revision of the terms of the Act itself.

The Noble Lord seems to assume that if these words were inserted no Irishman would ever be able to use any moral argument, whatever alteration was suggested. I do not think that is so. It would, of course, be within the legal power of the Imperial Parliament to cut down the number of Irish Members from forty to ten, but you do not really by the insertion of these words deprive people of the argument, sound or unsound, that such an alteration ought not to be lightly made. It would entirely depend upon the nature of the alteration itself. Therefore the argument of the Noble Lord that the mere insertion of these words would get rid of any sense of the injustice or unreasonableness of any interference this Imperial Parliament might think it desirable to exercise does not hold good.

The Chief Secretary has answered my Noble Friend's argument by giving away the whole position of the Government in regard to the general case. It is extraordinarily difficult to realise how the Government stands both with regard to the supremacy to-day and what is to be the position hereafter. We are told nothing can interfere with the legal right of this House and Parliament to amend the Act, and that consequently what we are doing now will not prevent us amending the Act in the future if we desire to do so. Everything, the Chief Secretary says, would depend upon whether the Amendment was a fair one or not. The Chief Secretary knows perfectly well that in this House there are invariably two views taken of any proposal. Those who make it think it fair and right, and those who are opposed to it think it unfair and wrong. He therefore suggests we should depend upon the arrival of the millennium. He told us these words are not needed—indeed, he says the whole Sub-section is unnecessary. The Sub-section is rendered valueless by what the Chief Secretary has just told us in answer to the contention put forward on this side of the House. I do not think the Government realise the possibilities which may follow from the passing of this Bill finally into law. It will undoubtedly be regarded—they themselves have admitted this to be true—as an absolutely new attempt at Constitution making. There is no parallel for it in any of our Colonial Constitutions, and there is no parallel for it here. I think this Committee needs to be specially careful to make it perfectly clear we are reserving in the full all those powers which it is said this Parliament ought to possess, and which it may be contended this Parliament does not possess if we do not make the language of the Clause perfectly clear.

We are giving to Ireland practically a new Constitution. In giving a new Constitution to our Overseas Dominions we also gave them the inherent right to alter the Constitution.

I think I am right in saying any Overseas Dominion can alterits Constitution subject to the assent of this House. It cannot alter the Act, but it can alter the conditions established by the Act. The Government in this Bill have plainly said they are going to give to Ireland a Constitution, not such as that given to the Dominion of Canada, to Australia, or to South Africa, but such as that granted to a province of the Dominion of Canada, of Australia, or of South Africa; and those provinces have no right to alter their Constitution. Hon. Gentlemen below the Gangway think they are going to have an independent Parliament, and they are going to make it as independent as possible. It may be they will claim the right exercised by our Overseas Dominions. The Prime Minister may say they would not have the power.

That is the question I have already ruled does not come in on this Amendment. The only question is whether these words should be left to be implied or be inserted in black and white.

I am sorry if I have strayed at all. The point I want to make is that it is necessary, in view of the fact we are giving a Provincial Legislature rather than an independent separate Legislature to Ireland, to have it clearly expressed in the Sub-section that the Parliament of the United Kingdom has the power to alter the Constitution granted to Ireland. On this ground, I strongly support the proposal that has been made.

I do not imagine the Legislature of Canada, Australia, or South Africa would change its Constitution, but, of course, my hon. Friend is quite right in saying there is the power to change the Constitution of the Provincial Parliaments. The whole Sub-section, though useless and misleading, is in addition, too vague, because it states that, notwithstanding the establishment of the Irish Parliament, the supreme power and authority of the Parliament of the United Kingdom shall remain unaffected and undiminished. It is untrue that it remains unaffected and undiminished. It is substantially diminished. It is diminished in precise terms by the very next Section, because it there states that, barring the exceptions, they may make laws affecting the peace, order, and Government of Ireland. The power and authority of this Legislature is therefore to that extent diminished. That being so, I think the Amendment proposed, notwithstanding the generality and the obscurity of the words of the Sub-section, would add precision to the Bill and make it clear this Parliament does retain the right to amend or repeal the Constitution now granted. The Amendment should be conceded for the sake of clarity. If it is admitted by the Government that the whole Sub-section is unnecessary, why should they quibble with regard to adding something in the nature of clearness to it? There is, as the Noble Lord has pointed out, no legal value in Sub-section (2). That is conceded on both sides of the House by constitutional lawyers of authority. It adds nothing to the power of this Parliament, beyond a sort of moral right, or a sort of intimation to those who know nothing about law, that the power of this Parliament remains. That being so, and seeing it is a mere artificial qualification, what objection can there be to adding to the clarity of the declaration and making it plain to the people the power still remains in this Parliament to amend or repeal this Constitution?

6.0 P.M.

I have no intention of going into the question as to the moral or legal importance of the insertion of these words. I leave that between my Noble Friend and the Chief Secretary, with a strong opinion that it does give moral weight to the Clause to have these words added. I want to call the attention of the Committee to the practical effect it will have outside this House whether the words are inserted or left out. I consider it is not only from that point of view important, but essential, these words should be put in. My hon. Friend dealt very fully with what would be the state of affairs if the Government remains in power and ever attempted to put into force these vague and somewhat nebulous promises of a further extension of self-government to the other parts of the United Kingdom. Personally, I do not think any argument based upon that assumption has any great weight, because I cannot conceive there is any probability of the Government remaining in power in order to continue their process of disintegration of the United Kingdom in that direction. What is a very immediate contingency is that the party who are now in Opposition will be very shortly in power. Then we shall be face to face with a position of immense importance, even from the constitutional point of view, as to what the people of this country understand we are embarking upon, or rather the Government are embarking upon, in bringing in this Bill for self-government in Ireland. They thoroughly understand what is the position of the hon. and learned Gentleman the Member for Waterford (Mr. John Redmond). They know that he contemplates an extension of the powers of the Parliament that is to be set up and that he does not contemplate any restriction or diminution of the powers which will be granted under this Bill. I think it is of enormous importance to the people, who will not go into all the legal and moral technicalities of this Bill, but who will get as far as Sub-section (2) of the first Clause, to see whether there is any ground for saying that when this Bill was passing through Committee we, the Opposition, made it perfectly clear that we had the right not only morally, legally, or constitutionally, but that we had clearly expressed the right at the very forefront of the Bill to repeal this Bill, and that we would necessarily exercise the power when the Opposition became a Government of limiting the powers of this Bill and possibly repealing it entirely. I appeal to the Committee to put these words in in order that it may be perfectly clear, not that the only alteration contemplated in this Bill is in the direction desired by the hon. and learned Member for Waterford, but that the inevitable alteration that would take place, and will take place, in the almost inconceivable case of this. Bill ever becoming an Act of Parliament, because immediately that did take place undoubtedly the present Government would no longer have any power or any control in this House or the country, and those who are now in Opposition would have to put into operation the very words they are now asking should be put into this Clause.

I think it is of value for the present that at any rate we have the statement of the Government that the reason for not putting in these words is that they are only a matter of surplusage as to the law, and that the law, as they understand it, is that this Parliament by its own inherent authority has the power hereafter to vary this Bill. It is valuable to have this admission, but I do not know what will be the position in the future when the occasion arises, and it will arise, under which it will be necessary to vary this Act, if not to repeal it. I can well imagine that it will not take two years before the Government, if they still occupy those benches, will lend a very different ear to the proposal to exclude the four Ulster counties. I do not want the Government then to turn round and say, "We have not the power to do so," and to say that when it was moved in Committee that this House should have the full power to repeal or amend this Bill that the House negatived that Amendment, because that is precisely the argument the Government will then adopt. We may be defeated on mere numbers on this Amendment, but I hope it will be made perfectly clear by way of declaration of the House that the Government express the statement that no matter what the effect of this Amendment is the House has the inherent right to alter, vary, or repeal this Bill. I hope that will be made perfectly clear. There is another matter to which I should like to refer. This is talked about as a settlement. It is suggested, or it may be argued, that this is a settlement, and that being a settlement in the nature of a treaty that you cannot go back on it. I want to raise my protest against that too. You can only have a settlement with, a nation and with the representatives of a nation. You have no representatives of any nation which could make a treaty in this House. You had when you were dealing with Grattan's Parliament, but if it is suggested you have the representatives of a nation below the Gangway, they are a nation of whom the representatives are repudiated by two-thirds of the population. There is no question of a treaty or settlement with them. The hon. and learned Member for Waterford laughs. He has not the trade of the ports of Dublin, Belfast or Derry, and it is suggested you are making a treaty with a nation who represent perhaps one-third. I raise my protest against there being any treaty with the representatives of a nation. Do not let that be used against us hereafter when the Government want to amend the Act. Do not let the Nationalist Members say that this House by its decision on this occasion prevented that.

Question put, "That those words be there inserted."

The Committee divided: Ayes, 221; Noes, 309.

Division No. 128.]

AYES.

[6.10 p.m.

Agg-Gardner, James Tynte

Burn, Colonel C. R.

Foster, Philip Staveley

Amery, L. C. M. S.

Campbell, Rt. Hon. J. (Dublin Univ.)

Gastrell, Major W. Houghton

Anson, Rt. Hon. Sir William R.

Campion, W. R.

Gibbs, G. A.

Anstruther-Gray, Major William

Carlile, Sir Edward Hildred

Gilmour, Capt. John

Ashley, Wilfrid W.

Carson, Rt. Hon. Sir Edward H.

Glazebrook, Capt. Philip

Astor, Waldorf

Castlereagh, Viscount

Goldman, Charles Sydney

Bagot, Lieut.-Col. J.

Cator, John

Goldsmith, Frank

Baird, Lawrence

Cautley, Henry Strother

Gordon, John (Londonderry. South)

Baker, Sir Randolf L. (Dorset, N.)

Cecil, Evelyn (Aston Manor)

Gordon, Hon. John Edward (Brighton)

Balcarres, Lord

Cecil, Lord Hugh (Oxford University)

Goulding, E. A.

Baldwin, Stanley

Cecil, Lord R. (Herts, Hitchin)

Greene, Walter Raymond

Balfour, Rt. Hon. A. J. (City, Lond.)

Chaloner, Col. R. G. W.

Gretton, John

Banbury, Sir Frederick George

Chamberlain, Rt. Hon. J. A. (Worc'r.)

Guinness, Hon. Rupert (Essex, S.E.)

Banner, John S. Harmood-

Clay, Captain H. H. Spender

Guinness, Hon. W.E. (Bury S. Edmunds)

Baring, Maj. Hon. Guy V. (Winchester)

Callings, Rt. Hon. J. (Birmingham)

Gwynne, R. S. (Sussex, Eastbourne)

Barlow, Montague (Salford, South)

Cooper, Richard Ashmole

Haddock, George Bahr

Barnston, Harry

Courthope, George Loyd

Hall, D. B. (Isle of Wight)

Barrie, H. T.

Craig, Charles Curtis (Antrim, S.)

Hall, Marshall (E. Toxteth)

Bathurst, Hon. Allen B. (Glouc., E.)

Craig, Captain James (Down, E.)

Hambro, Angus Valdemar

Bathurst, Charles (Wilts, Wilton)

Craig, Norman (Kent, Thanet)

Hamilton, Lord C. J. (Kensington, S.)

Beach, Hon. Michael Hugh Hicks

Craik, Sir Henry

Hamilton, Marquess of (Londonderry)

Beckett, Hon. Gervase

Crichton-Stuart, Lord Ninian

Hardy, Rt. Hon. Laurence

Benn, Arthur Shirley (Plymouth)

Dairymple, Viscount

Harris, Henry Percy

Benn, Ian Hamilton (Greenwich)

Dalziel, Davison (Brixton)

Helmsley Viscount

Bennett-Goldney, Francis

Denniss, E. R. B.

Henderson, Major H. (Berks, Abingdon)

Bentinck, Lord H. Cavendish-

Dixon, Charles Harvey

Herbert, Hon. A. (Somerset, S.)

Beresford, Lord Charles

Doughty, Sir George

Hewins, William Herbert Samuel

Bigland, Alfred

Duke, Henry Edward

Hickman, Col. Thomas E.

Bird, A.

Eyres-Monsell, B. M.

Hill, Sir Clement L.

Boles, Lieut.-Col. Dennis Fortescue

Faber, George D. (Clapham)

Hills, John Waller

Boscawen, Sir Arthur S. T. Griffith-

Faber, Capt. W. V. (Hants, W.)

Hill-Wood, Samuel

Boyle, W. Lewis (Norfolk, Mid)

Falle, Bertram Godfrey

Hoare, S. J. G.

Boyton, James

Fell, Arthur

Hohler, Gerald Fitzroy

Brassey, H. Leonard Campbell

Finlay, Rt. Hon. Sir Robert

Hope, Harry (Bute)

Bridgeman, William Clive

Fisher, Rt. Hon. W. Hayes

Hope, James Fitzalan (Sheffield)

Burdett-Coutts, W.

Fletcher, John Samuel (Hampstead)

Horner, Andrew Long

Burgoyne, A. H.

Forster, Henry William

Houston, Robert Paterson

Hunt, Rowland

Moore, William

Stanley, Hon. G. F. (Preston)

Hunter, Sir Charles Rodk. (Bath)

Morrison-Bell, Capt. E. F. (Ashburton)

Staveley-Hill, Henry

Ingleby, Holcombe

Mount, William Arthur

Stewart, Gershom

Jardine, Ernest (Somerset, East)

Neville, Reginald J. N.

Sykes, Alan John (Ches., Knutsford)

Jessel, Captain H. M.

Newdegate, F. A.

Sykes, Mark (Hull, Central)

Joynson-Hicks, William

Newman, John R. P.

Talbot, Lord Edmund

Kerr-Smiley, Peter Kerr

Newton, Harry Kottingham

Terrell, George (Wilts, N.W.)

Kerry, Earl of

Norton-Griffiths, J. (Wednesbury)

Terrell, Henry (Gloucester)

Keswick, Henry

O'Neill, Hon. A. E. B. (Antrim, Mid)

Thompson, Robert (Belfast, North)

Kimber, Sir Henry

Orde-Powlett, Hon. W. G. A.

Thomson, W. Mitchell- (Down, North)

Kinloch-Cooke, Sir Clement

Parker, Sir Gilbert (Gravesend)

Touche, George Alexander

Knight, Captain E. A.

Parkes, Ebenezer

Tryon, Captain George Clement

Kyffin-Taylor, G. R.

Pease, Herbert Pike (Darlington)

Tullibardine, Marquess of

Lane-Fox, G. R.

Peel, Hon. W. R. W. (Taunton)

Valentia, Viscount

Larmor, Sir J.

Perkins, Walter F.

Walker, Col. William Hall

Law, Rt. Hon. A. Bonar (Bootle)

Peto, Basil Edward

Walrond, Hon. Lionel

Lawson, Hon. H. (T. H'mts., Mile End)

Pirie, Duncan V.

Warde, Col. C. E. (Kent, Mid)

Lewisham, Viscount

Pole-Carew, Sir R.

Weigall, Capt. A. G.

Lloyd, George Ambrose

Pollock, Ernest Murray

Wheler, Granville, C. H.

Locker-Lampson, G. (Salisbury)

Pretyman, Ernest George

White, Major G. D. (Lancs., Southport)

Locker-Lampson, O. (Ramsey)

Pryce-Jones, Colonel E.

Williams, Col. R. (Dorset, W.)

Lockwood, Rt. Hon. Lt.-Col. A. R.

Quilter, Sir William Eley C.

Willoughby, Major Hon. Claud

Long, Rt. Hon. Walter

Ratcliff, Major R. F.

Wilson, A. Stanley (York, E.R.)

Lonsdale, Sir John Brownlee

Rawson, Colonel R. H.

Winterton, Earl

Lowe, Sir F. W. (Edgbaston)

Rees, Sir J. D.

Wolmer, Viscount

Lyttelton, Rt. Hon. A. (St. Geo.,Han.S.)

Remnant, James Farquharson

Wood, Hon. E. F. L. (Ripon)

Lyttelton, Hon. J. C. (Droitwich)

Rolleston, Sir John

Wood, John (Stalybridge)

MacCaw, Wm. J. MacGeagh

Rothschild, Lionel de

Worthington-Evans, L.

Mackinder, Halford J.

Rutherford, John (Lancs., Darwen)

Wortley, Rt. Hon. C. B. Stuart-

Macmaster, Donald

Rutherford, Watson (L'pool, W. Derby)

Wright, Henry Fitzherbert

M'Calmont, Colonel James

Samuel, Sir Harry (Norwood)

Wyndham, Rt. Hon. George

M'Mordle, Robert

Sanders, Robert Arthur

Yate, Col. C. E.

McNeill, Ronald (Kent, St. Augustine's)

Sanderson, Lancelot

Yerburgh, Robert

Magnus, Sir Philip

Sandys, G. J.

Younger, Sir George

Malcolm, Ian

Sassoon, Sir Philip

Mason, James F. (Windsor)

Smith, Rt. Hn. F. E. (L'pool, Walton)

TELLERS FOR THE AYES.—Mr. Cassel and Mr. Samuel Roberts.

Mildmay, Francis Bingham

Smith, Harold (Warrington)

Mills, Hon. Charles Thomas

Spear, Sir John Ward

NOES.

Abraham, William (Dublin Harbour)

Cawley, H. T. (Lancs., Heywood)

Ferens, Rt. Hon. Thomas Robinson

Acland, Francis Dyke

Chancellor, Henry George

Ffrench, Peter

Adamson, William

Chapple, Dr. William Allen

Field, William

Agnew, Sir George William

Clancy, John Joseph

Fiennes, Hon. Eustace Edward

Ainsworth, John Stirling

Clough, William

Fitzgibbon, John

Alden, Percy

Clynes, John R.

Flavin, Michael Joseph

Allen, Arthur A. (Dumbartonshire)

Collins, Stephen (Lambeth)

Gelder, Sir William Alfred

Allen, Rt. Hon. Charles P. (Stroud)

Compton-Rickett, Rt. Hon. Sir J.

George, Rt. Hon. D. Lloyd

Armitage, Robert

Condon, Thomas Joseph

Gill, Alfred Henry

Arnold, Sydney

Cornwall, Sir Edwin A.

Ginnell, L.

Asquith, Rt. Hon. Herbert Henry

Cotton, William Francis

Gladstone, W. G. C.

Baker, Harold T. (Accrington)

Cowan, W. H.

Glanville, Harold James

Baker, Joseph Allen (Finsbury, E.)

Craig, Herbert J. (Tynemouth)

Goddard, Sir Daniel Ford

Balfour, Sir Robert (Lanark)

Crawshay-Williams, Eliot

Goldstone, Frank

Baring, Sir Godfrey (Barnstaple)

Crooks, William

Greenwood, Granville G. (Peterborough)

Barnes, George N.

Crumley, Patrick

Greig, Colonel J. W.

Barton, William

Cullinan, John

Griffith, Ellis J.

Beale, Sir William Phipson

Dalziel, Sir James H. (Kirkcaldy)

Guest, Hon. Major C. H. C. (Pembroke)

Beauchamp, Sir Edward

Davies, Timothy (Lincs., Louth)

Guest, Hon. Frederick E. (Dorset, E.)

Beck, Arthur Cecil

Davies, Sir W. Howell (Bristol, S.)

Gwynn, Stephen Lucius (Galway)

Benn, W. W. (Tower Hamlets, S. Geo.)

Davies, M. Vaughan- (Cardigan)

Hackett, J.

Bentham, G. J.

Dawes, J. A.

Hall, F. (Yorks, Normanton)

Bethell, Sir John Henry

De Forest, Baron

Harcourt, Rt. Hon. L. (Rossendale)

Birrell, Rt. Hon. Augustine

Delany, William

Harcourt, Robert V. (Montrose)

Black, Arthur W.

Denman, Hon. R. D.

Hardie, J. Keir (Merthyr Tydvil)

Boland, John Pius

Devlin, Joseph

Harmsworth, Cecil (Luton, Beds)

Booth, Frederick Handel

Dewar, Sir J. A.

Harvey, A. G. C. (Rochdale)

Bowerman, Charles W.

Dickinson, W. H.

Harvey, T. E. (Leeds, West)

Boyle, Daniel (Mayo, North)

Dillon, John

Harwood, George

Brace, William

Doris, William

Hasiam, Lewis (Monmouth)

Brady, Patrick Joseph

Duffy, William J.

Hayden, John Patrick

Brocklehurst, W. B.

Duncan, J. Hastings (York, Otley)

Hayward, Evan

Brunner, J. F. L.

Edwards, Sir Francis (Radnor)

Hazleton, Richard (Galway, N.)

Bryce, J. Annan

Edwards, John Hugh (Glamorgan, Mid)

Helme, Sir Norval Watson

Buckmaster, Stanley O.

Elibank, Rt. Hon. Master of

Hemmerde, Edward George

Burke, E. Haviland-

Elverston, Sir Harold

Henderson, J. M. (Aberdeen, W.)

Burt, Rt. Hon. Thomas

Esmonde, Dr. John (Tipperary, N.)

Henry, Sir Charles

Buxton, Noel (Norfolk, N.)

Esmonde, Sir Thomas (Wexford, N.)

Higham, John Sharp

Buxton, Rt. Hon. S. C. (Poplar)

Essex, Richard Walter

Hinds, John

Byles, Sir William Pollard

Esslemont, George Birnie

Hobhouse, Rt. Hon. Charles E. H.

Cameron, Robert

Falconer, James

Hodge, John

Carr-Gomm, H. W.

Farrell, James Patrick

Hogge, James Myles

Cawley, Sir Frederick (Prestwich)

Fenwick, Rt. Hon. Charles

Holmes, Daniel Turner

Holt, Richard Durning

Morrell, Philip

Roe, Sir Thomas

Hope, John Deans (Haddington)

Morison, Hector

Rowlands, James

Horne, Charles Silvester (Ipswich)

Morton, Alpheus Cleophas

Rowntree, Arnold

Howard, Hon. Geoffrey

Munro, Robert

Runciman, Rt. Hon. Walter

Hughes, Spencer Leigh

Munro-Ferguson, Rt. Hon. R. C.

Samuel, Rt. Hon. H. L. (Cleveland)

Isaacs, Rt. Hon. Sir Rufus

Murray, Captain Hon. Arthur C.

Samuel, J. (Stockton-on-Tees)

Jardine, Sir J. (Roxburgh)

Nannetti, Joseph P.

Scanlan, Thomas

John, Edward Thomas

Needham, Christopher T.

Schwann, Rt. Hon. Sir Charles E.

Jones, Sir D. Brynmor (Swansea)

Neilson, Francis

Scott, A. MacCallum (Glas., Bridgeton)

Jones, Edgar R. (Merthyr Tydvil)

Nolan, Joseph

Sheehy, David

Jones, Henry Haydn (Merioneth)

Norman, Sir Henry

Sherwell, Arthur James

Jones, William (Carnarvonshire)

Norton, Captain Cecil W.

Simon, Sir John Allsebrook

Jones, William S. Glyn- (Stepney)

Nuttall, Harry

Smith, Albert (Lancs., Clitheroe)

Jowett, Frederick William

O'Brien, Patrick (Kilkenny)

Smith, H. B. Lees (Northampton)

Joyce, Michael

O'Connor, John (Kildare, N.)

Smyth, Thomas F. (Leitrim)

Keating, Matthew

O'Connor, T. P. (Liverpool)

Soames, Arthur Wellesley

Kelly, Edward

O'Doherty, Philip

Spicer, Sir Albert

Kennedy, Vincent Paul

O'Donnell, Thomas

Sutherland J, E.

King, J.

O'Dowd, John

Sutton, John E.

Lamb, Ernest Henry

Ogden, Fred

Taylor, Theodore C. (Radcliffe)

Lambert, Rt. Hon. G. (Devon,S.Molton)

O'Grady, James

Taylor, John W. (Durham)

Lambert, Richard (Wilts, Cricklade)

O'Kelly, Edward P. (Wicklow, W.)

Thomas, Abel (Carmarthen, E.)

Lansbury, George

O'Kelly, James (Roscommon, N.)

Thomas, James Henry (Derby)

Lardner, James Carrige Rushe

O'Malley, William

Thorne, G. R. (Wolverhampton)

Law, Hugh A. (Donegal, West)

O'Neill, Dr. Charles (Armagh, S.)

Thorne, William (West Ham)

Lawson, Sir W. (Cumb'rid, Cockerm'th)

O'Shaughnessy, P. J.

Toulmin, Sir George

Leach, Charles

O'Shee, James John

Trevelyan, Charles Philips

Levy, Sir Maurice

O'Sullivan, Timothy

Ure, Rt. Hon. Alexander

Lough, Rt. Hon. Thomas

Palmer, Godfrey Mark

Verney, Sir Harry

Low, Sir Frederick (Norwich)

Parker, James (Halifax)

Wadsworth, John

Lundon, Thomas

Pearce, Robert (Staffs, Leek)

Walters, Sir John Tudor

Lyell, Charles Henry

Pearce, William (Limehouse)

Walton, Sir Joseph

Lynch, A. A.

Pease, Rt. Hon. Joseph A. (Rotherham)

Ward, John (Stoke-upon-Trent)

Macdonald, J. Ramsay (Leicester)

Phillips, John (Longford, S.)

Wardle, George J.

Macdonald, J. M. (Falkirk Burghs)

Pointer, Joseph

Waring, Walter

McGhee, Richard

Ponsonby, Arthur A. W. H.

Warner, Sir Thomas Courtenay

Macnamara, Rt. Hon. Dr. T. J.

Power, Patrick Joseph

Wason, Rt. Hon. E. (Clackmannan)

MacNeill, John G. S. (Donegal, South)

Price, C. E. (Edinburgh, Central)

Wason, John Cathcart (Orkney)

Macpherson, James Ian

Price, Sir Robert J. (Norfolk, E.)

Webb, H.

WacVeagh, Jeremiah

Priestley, Sir Arthur (Grantham)

White, J. Dundas (Glas., Tradeston)

McCallum, Sir John M.

Priestley, Sir W. E. B. (Bradford, E.)

White, Sir Luke (York, E.R.)

M'Kean, John

Primrose, Hon. Neil James

White, Patrick (Meath, North)

McKenna, Rt. Hon. Reginald

Pringle, Wm. M. R.

Whitehouse, John Howard

M'Laren, Hon. H. D. (Leics.)

Radford, G. H.

Whittaker, Rt. Hon. Sir Thomas P.

M'Laren, Hon. F.W.S. (Lincs., Spalding)

Raphael, Sir Herbert H.

Whyte, A. F. (Perth)

M'Micking, Major Gilbert

Rea, Rt. Hon. Russell (South Shields)

Wiles, Thomas

Manfield, Harry

Rea, Walter Russell (Scarborough)

Wilkie, Alexander

Marks, Sir George Croydon

Reddy, Michael

Williams, John (Glamorgan)

Mason, David M. (Coventry)

Redmond, John E. (Waterford)

Williams, Liewellyn (Carmarthen)

Meagher, Michael

Redmond, William (Clare, E.)

Williamson, Sir A.

Meehan, Francis E. (Leitrim, N.)

Rendall, Athelstan

Wilson, Hon. G. G. (Hull, W.)

Menzies, Sir Walter

Richards, Thomas

Wilson, J. (Durham, Mid)

Middlebrook, William

Richardson, Thomas (Whitehaven)

Wilson, Rt. Hon. J. W. (Worcs., N.)

Millar, James Duncan

Roberts, Charles H. (Lincoln)

Winfrey, Richard

Molloy, Michael

Roberts, G. H. (Norwich)

Wood, Rt. Hon. T. McKinnon (Glasgow)

Molteno, Percy Alport

Roberts, Sir J. H. (Denbighs)

Young, Samuel (Cavan, E.)

Mond, Sir Alfred M.

Robertson, Sir G. Scott (Bradford)

Young, William (Perth, East)

Money, L. G. Chiozza

Robertson, J. M. (Tyneside)

Yoxall, Sir James Henry

Montagu, Hon. E. S.

Roch, Walter F. (Pembroke)

Mooney, John J.

Roche, Augustine (Louth)

TELLERS FOR THE NOES.—Mr. Illingworth and Mr. Gulland.

Morgan, George Hay

Roche, John (Galway, E.)

The next Amendment in order is that standing in the name of the hon. Member for West St. Pancras (Mr. Cassel).

I submit that the Amendment standing in my name is in order. The subject has not been dealt with in the previous Amendments. Inasmuch as the Bill sets out a number of objects which can be legislated upon by the Irish Parliament and also in England by this Parliament, I submit that it is necessary to put into this Clause a declaration that the authority of this Parliament should remain undiminshed for all purposes whatsoever.

It appears to me that those words do not add anything whatever to the words in the Bill. If the hon. Member's suggestion is correct, then the cases to which he refers will be dealt with in the Bill as they arise.

That course would be exceedingly difficult. It would be possible to deal with it under Clause 2 of the Bill, but it would be very inconvenient and would waste a great deal of time. It was my object to make it clear, once for all, in this Clause, that for all purposes whatsoever the authority of this Parliament was to be undiminished.

I shall be glad to know why the Amendment in my name to insert after, the word "things," the words "within the United Kingdom and," is out of order. My object was simply to clearly define the position and to cover the whole ground of England, Ireland, Scotland, and Wales.

I do not think the Amendment will read. If the Amendment is inserted, the Clause will read "within the United Kingdom and within His Majesty's Dominions." I thought the United Kingdom was part of His Majesty's Dominions.

I have given notice of an Amendment to insert after the word "undiminished," the words "over the enactment and enforcement of legislation and." Is it not in order?

The hon. Member has himself put down an Amendment in a better place lower down so far as the enactment of legislation is concerned.

Should not a general provision as to responsibility for the enforcement of legislation appear in the Clause relating to legislation, and a consequential Amendment, if necessary, be made in Clause relating to the Executive?

I beg to move in Subsection (2) to leave out the words "within His Majesty's Dominions," and to insert instead thereof the words "in Ireland and every part thereof."

Assuming that you ought to have a declaration in the Bill, what is the best phraseology in which it ought to be couched? In considering that what, in the first place, is this Bill? According to the title it is:—

"A Bill to Amend the Provision for the Government of Ireland."

The Sub-section deals with the establishment of an Irish Parliament. What business have you therefore in this declaration to travel outside Ireland at all? Nobody can suggest that the establishment of a Legislature in Ireland can affect the supreme authority of this Parliament in Canada. What you are dealing with is Ireland, and the only appropriate words to put in this Clause are words dealing with the supreme authority of the Imperial Parliament over Ireland. The words which are in the Bill are really outside the scope of the Bill. It is true they are declaratory words. If they were enacting words I could appeal to Mr. Speaker on the ground that they are outside the scope of the Bill. The Sub-section, if it stands as it is, will make this not an Act applying to Ireland or the United Kingdom only, but an Imperial Act, and these declaratory words will have to be read into the Constitution of every one of our self-governing Dominions, precisely in the same way as they will have to be read into this Bill. If the Sub-section has any force at all, we must assume that on some occasion a judge will have to look at it and give effect to it. He will have to look at it for the purpose of construing the North America Act and the Acts which conferred Legislatures upon the Australian Commonwealth and South Africa, just as much as for the purpose of construing this Bill, because it declares that the Imperial Parliament shall be supreme in all parts of His Majesty's Dominions. That makes it an Act applicable to all His Majesty's Dominions. Although when you were passing the North America Act and the Australian Act you did not think it necessary to put in an assertion of the supremacy of the Imperial Parliament, yet you put it in in the case of Ireland.

By a side wind in this declaratory Clause you make this legislation applicable to all the other Dominions in the Empire. Have the Dominions been consulted with reference to this Clause? There are persons in the Dominions who say that the Imperial Parliament is not supreme over those Dominions. I do not agree with that view, but there are people who assert that, within the limits of their own Constitution, they are supreme, and you have no right to make a declaration contrary to that opinion in an Act which by its title and scope is limited to Ireland. Why have you suddenly gone out of your way in the case of a Bill dealing with Ireland alone to introduce these inappropriate words extending to the whole of His Majesty's Dominions? The inference might be drawn that you have done it intentionally in order to create some impression that the supremacy of the Imperial Parliament over Ireland is to be similar to the supremacy of the Imperial Parliament over the self-governing Dominions. There is in it a suggestio falsi —the suggestion that there is an analogy which the right hon. Gentleman the Chief Secretary was the first to most emphatically deny. He said it was not an analogous supremacy to the supremacy over the Dominions. Then why go out of your way to raise this suggestio falsi ? It may be said we are objecting to a Clause which was framed by Sir Henry James. It is said that the words were put in by Sir Henry James at the instance of Mr. Gladstone. They were put in the Preamble of the Bill of 1893 without any reference to the rest of the Dominions. The words of the Preamble of the Bill of 1893, as originally introduced, were:—

"Whereas it is expedient that without impairing or restricting the supreme authority of Parliament, an Irish Legislature should be created."

There was no reference to the Dominions. Sir Henry James pointed out that that Preamble would necessarily be restricted to Ireland, because the Bill was a Bill dealing with Ireland. Then an Amendment was moved by Mr. Darling, now Mr. Justice Darling, which contained words having reference to Great Britain and Ireland. Mr. Gladstone took some objection to those words, and it was in deference to that objection that Sir Henry James framed the Clause in the way he did. There was an express statement by him to that effect.

It is very gratifying to me to say, as I say with great sincerity, that the hon. and learned Gentleman has convinced us of the wisdom and propriety of his Amendment which, on behalf of the Government, I propose to accept. The history of the case is substantially as he has given it, and it is a very curious history. In 1893 we did homage to the supremacy of Parliament by a phrase in the Preamble of the Bill. That was not regarded by the Opposition of that day as an adequate method of dealing with so serious a topic, consequently Mr. Gardner, a very active Member of the House, proposed to put in words preserving the supremacy of Parliament over all persons in Great Britain and Ireland. Mr. Gladstone stepped into the fray, and said, "If you talk about maintaining supremacy in Great Britain and Ireland you are really by implication denying the supremacy of the Queen over the rest of the British Empire, and we cannot possibly support the Amendment." There the matter rested for the time, but some days or weeks afterwards the Opposition returned to the charge with an Amendment in the name of Sir Henry James which contained the words that we have practically adopted in this Sub-section, namely, that the supremacy of Parliament shall be maintained over all persons within the Queen's Dominions.

I think the hon. and learned Gentleman went a little too far when he said that Sir Henry James thought the words open to criticism, but it is quite true that he said he had changed the language of Mr. Gardner's Amendment and adopted a wider phrase in view of the objection which Mr. Gladstone had taken upon the earlier occasion. At any rate we have the authority, and that is a sufficient justification for the Government putting in this Sub-section in the form in which it now appears, both of Mr. Gladstone and of Sir Henry James and of the House of Commons of 1893. But I agree with the hon. and learned Gentleman that the form in which he proposes to retain the assertion of the supremacy is more logical and more congruous than the framework and scope of the Bill. This is a Bill the title of which is "to amend the provision for the Government of Ireland," therefore nothing is strictly germane to the subject matter of the Bill which does not fall within the scope of that title. To deal with the supremacy of the Imperial Parliament in any other part of His Majesty's Dominions is otiose in the first place, and, I think, incongruous in the second. Further, I think the hon. and learned Gentleman was entitled to say that, in view, at any rate, of the distinctions which have been sought to be drawn between the nature and character, not indeed, of the legal but of the practical supremacy of Parliament in parts of the Empire, what we want here to retain, without reference to any analogies which may be suggested in the Dominions or elsewhere, is the supremacy of Parliament as it now exists over Ireland as an integral part, as it is, of the United Kingdom. Any reference to other forms in which the supremacy of Parliament may be asserted or exercised elsewhere might conceivably be misleading, but, at any rate, is not germane to the purpose which, in this Sub-section, at any rate, we all in common have in view. Upon both these grounds the hon. and learned Gentleman has made out a good case, and on behalf of the Government I shall be very glad to accept the Amendment.

Question put, and agreed to.

I beg to move, at the end of the Clause, to add the words "and without the expressed consent of that Parliament every Act of the Irish Parliament shall be null and void."

Hon Gentlemen on both sides of the House are aware that the one thing we wish to avoid is the possibility of misunderstanding in the future, and, as regards the supremacy of the Imperial Parliament, the position under the Bill in the future will be fruitful of misunderstanding. I know that many hon. Gentleman opposite are as solicitous as myself on account of the supremacy of the Imperial Parliament. It is an unfortunate thing that the exigencies of their position have compelled the Government, in connection with this question of supremacy, to be two-faced. We have them assuring Gentlemen behind them that it is an effective right of veto, and we have them assuring Irishmen, almost with a wink, that that supermacy will never be exercised. The Government, notwithstanding the concession which has just been made, evidently wish to keep the point vague, so that both sets of their supporters may interpret the nature of that supremacy according to their own wishes, and so that the votes of both lots of supporters may be roped in. That, I suppose, is what is called strategy. Loyalty to definite principle is the best strategy, just as honesty is the best policy, and I hold must strongly that it is the duty of the Government to be more explicit on this point, to look realities in the face, and to be quite candid with us. They can do no good by keeping the question of supremacy vague. By running away they will only be piling up difficulties in the future. Here is a question to which, with all respect, we have a right to have an answer: Is it the intention of the Government or not that under this Bill the Irish Parliament shall be as free from the effective control of this House as are the Parliaments of Australia and Canada? The Attorney-General talked of theoretical supremacy, and, notwithstanding what has just been said by the Prime Minister, likened the supremacy to that which we exercise over Canada; but, after all, it is the views of the hon. and learned Gentleman (Mr. John Redmond) that matter, because he is in an all-powerful position with regard to the Government. He intervened upon this point last night. I am honestly desirous to understand his real view with regard to supremacy, but his utterances from time to time have varied so substantially that, with the best will in the world, it is very difficult to realise what really is his view. He strove to clear up the position last night and explain what his view really was, and he quoted Parnell's utterance in 1886, when he said:—

I am afraid the hon. Member has forgotten which Amendment he is moving: "and without the express consent of that Parliament every Act of the Irish Parliament shall be null and void." It is that any Bill must be expressly assented to by this House. He must keep to that point.

I was trying to show why it seemed to me to be absolutely necessary to strengthen the words of the Clause. The hon. and learned Gentleman apparently assures his hearers in Ireland that, under the Bill as it is, they need not contemplate the possibility of the exercise of any supremacy by us, and I think he is right, for we know that the supremacy of the Imperial Parliament is to be exercised in the same way as it is exercised over the Parliaments of Canada and Australia. We know that that has been shown to be a futile supremacy in the past. Colonial experience shows us that if our supremacy is not to be a farcical supremacy you must include some such words as I suggest. A paper supremacy is as nothing. We want a supremacy which will be effective in practice, and that is why it is so absolutely necessary to include plainly in the Bill the actual machinery by which the Imperial Parliament will exercise control over the actions of the Irish Legislature and extend protection to all individuals and every local interest in Ireland. If you do not do as I suggest and include these words, if you leave the supremacy merely a vague paper supremacy, it will be open to anyone to argue that, although this House has an undoubted legal right to interfere, it cannot with propriety interfere in Ireland any more than it can interfere in Australia or Canada, and there will be constant and continuous wrangling upon this point in the future. Yesterday it was suggested, I think alternately from both sides of the House, that the actual words "supremacy" and "subordinate" were vague words, that they were capable of various interpretations, and that therefore they were ineffective. I agree with that, and I think it was the Chief Secretary for Ireland who said, "They are nothing; they can be waived aside in a moment," and he told us they were inadequate to effect our purpose. I agree with that view, and here in this Amendment are alternative words which leave the position no longer vague. The word "subordinate," which hon. Members below the Gangway think so wounding, is removed, and, notwithstanding that, the fact of our supremacy is made perfectly clear. In connection with this question of supremacy, although we debated it for so long, it does seem to me that there is still need for plain speaking on the part of the Government, for we feel very deeply with regard to it. Everybody must acknowledge that it is a most important question. Here is the question: Is the supremacy to be a working supremacy—a real power to be exercised when occasion calls for it—and we hope that will be very seldom—or has the word "supremacy" been introduced merely for window dressing purposes, and is it to be no more effective than in the case of the Canadian and Australian Parliaments—a supremacy in name, to be kept on the shelf and incapable of being used? In short, is it to be a theoretical supremacy, or supremacy in practice? In moving this Amendment I would once more ask whoever speaks on behalf of the Government to tell us quite plainly whether it is the intention of the Government that the Dublin Parliament shall be as free from all effective control by this House as are the Parliaments of Canada and Australia.

I am afraid that the plain speaking on my part which the hon. Gentleman so much desiderates must involve plain speaking about the Amendment, which in effect says that when the subordinate Parliament, which is contemplated, has been set up no single Act of that Parliament shall have any effect and in fact shall be null and void ab initio, unless and until either by an Act or by a resolution it has received the expressed consent of the Imperial Parliament. Is there any human being, be he Home Ruler or anti-Home Ruler, whatever his faith or absence of faith may be in a subordinate Parliament in Dublin, who can believe for a moment that any good purpose can be served, or that anything but a reductio ad absurdum, would be brought about if every Act of the Irish Parliament to which you are solemnly delegating important powers, should have no effect whatsoever until the whole of a question with which it has dealt has been debated over again in this House and has received in some form or other, I presume after discussion, the expressed consent by a confirmatory Act, or by a resolution, of the Imperial Parliament? Does any one believe that is a piece of work to which anybody could set his hand? We are constantly told that this new subordinate Parliament ought to be analogous to the provincial Parliaments in Canada, but whatever may be said of the provincial Parliaments and their powers, it has not been said that after the exercise of those powers their Acts shall before becoming effective first receive the consent of the superior Parliament of the Dominion. That is a proposition which no man of business, apart altogether from constitutional lawyers, would ever make himself responsible for, and nobody, I am sure, would ever go into a subordinate Parliament in Dublin on these terms. Therefore, although the hon. Member has made a speech on the supremacy doctrine, which is his only justification for moving the Amendment, I cannot help thinking that everybody in the House must regard the proposal as absolutely preposterous. It is quite idle to suppose that you could have a subordinate Parliament, or in any sense a derivative Parliament, exercising its powers within its derived authority, while knowing that its enactments must be null and void unless they receive the expressed consent of the Imperial Parliament. The Government, of course, cannot accept the Amendment.

I think the words proposed by my hon. Friend are open to some objection, because the whole of the Acts passed by the Irish Parliament would be null and void unless they had the expressed consent of both Houses of the Imperial Parliament. But still I think there is some substance in his argument, and I trust he will accept an Amendment to his Amendment to leave out the words "expressed," and after the word "consent" to insert the words "by Resolution of at least one House." The Amendment as amended would then read, "and without the consent by Resolution of at least one House of that Parliament every Act of the Irish Parliament shall be null and void." The Chief Secretary has said that if the Irish Parliament were subjected to this restriction, and if their Acts were not allowed to take effect until the consent of this Parliament had been given, no one would consent to serve in it. But surely that was the position of the Irish Parliament during the greater part of the eighteenth century, the only difference being that it was the English Executive by which the restriction was applied. If the Committee adopt the Amendment as amended, a Resolution of only one House will be required to make an Act effective. It would be perfectly simple in working. Acts would come up here from the Irish Parliament, and there would be an Omnibus Resolution in the same way as the expiring laws are annually renewed. In the case of the expiring laws the renewal is effected by an Act of Parliament, but in this case consent would be given by a Resolution. This would make the supremacy of the Imperial Parliament really effective. It is not unworkable, and it is not open to the objection which the Chief Secretary has indicated.

I submit that if the original Amendment is in order, then my Amendment, which restricts it in the direction of meeting the objection of the Government, is in order. I do not say that arguments may or may not be stated against the Amendment as amended. My Amendment certainly mitigates the severity of the original Amendment.

I am sorry to press you on this point. This Amendment softens the stringency and drastic character of the original Amendment.

You allowed to be moved an Amendment which would render it necessary that in order to make valid an Act of Parliament passed by the Irish Legislature the Act should be formally adopted by this Parliament. The Amendment submitted as an Amendment to that Amendment is within what you have already allowed. It imposes a less obligation. It reduces the necessity of passing an Act of Parliament here to make valid an Irish Act to the necessity of passing a simple Resolution by one House of this Parliament. Therefore, I submit that however preposterous in the opinion of the Chief Secretary such an Amendment may be, the Amendment is in order. It is quite clear, therefore, that the Amendment to the Amendment is also in order.

I am bound to say that when I said I could not accept the Amendment to the Amendment I was going upon precedents. If the hon. Member wishes his Amendment to the proposed Amendment put to the Committee I will do so.

Amendment to the proposed Amendment agreed to.

Question proposed, "That the words, and without the consent by Resolution of at least one House of that Parliament every Act of the Irish Parliament shall be null and void,' be there added."

I cannot support this Amendment. My hon. Friend should realise what he is doing. He is advancing a very strong argument for Single Chamber Government. If my hon. Friend had shown that he wishes the other House of Parliament to have the vetoing authority—

I submit that my hon. Friend is not in order, because my Amendment to the proposed Amendment has been carried. He must therefore address himself to the main Question.

I am addressing myself to the Amendment as amended. I understand that it proposes that any law passed by the Irish Parliament is to be dropped unless it is confirmed by one House of this Parliament. I submit that would be Single Chamber Government, because one House could defeat a law passed by the Irish Parliament. If my hon. Friend had indicated his desire that the vetoing authority should be the House of Lords, then I could have voted for the Amendment, but if it is the intention of my hon. Friend to give that power to this House alone, constituted as it is at the present moment, then I am sorry I shall be obliged to vote against the Amendment as amended.

7.0 P.M.

The real difficulty arises not from the fact that the Amendment exposes itself to such criticism as was offered by the Chief Secretary, but that the Government has never yet told us what is the method by which it contemplates the enforcement of this somewhat peculiar form of supremacy after the Bill passes into law. I know that hon. Gentlemen opposite regard us when we press this argument as using tactics of unfair opposition. I assure them they are wrong. In this particular Amendment we are dealing with the only proposal made during the Debates of the past few days by which the so called supremacy may be enforced. It is quite true that the precise scheme recommended by my hon. Friend exposes itself to the attack of the Chief Secretary. It is quite obvious that it involves machinery which would be too cumber- some in itself—machinery which would be probably too offensive to the new Parliament when you have set it up. But I do submit that the Chief Secretary has not discharged his duty to the Committee and the House in simply criticising my hon. Friend's proposal. He does not offer any suggestion as to how we are to meet the point; how is the supremacy to be enforced. I submit that the suggestion made is one which could not, as it stands, be accepted. I believe that it is not difficult, supposing it were the desire of the Government to find a method by which it could secure to this House an automatic power, not of interference, but a power which would give them knowledge of what has been done in the other Parliament, to enable them, if necessary, to act and interfere. As things are you say that this Parliament has a right to interfere, but you do not indicate any way in which that interference should operate, yet we know perfectly well the only instances which are quoted, the supremacy of the Imperial Parliament over the Dominion of Canada and the other great Dominions, is a supremacy which exists only in name, which is never exercised in practice by this House, and which if we tried to-morrow to exercise it would cause us to come into collision with these great Governments, so that we should have to abandon the ground altogether. Therefore, while one moment you are saying that the supremacy is the same as that possessed by the Dominion Government, you are not attempting to show us how it could be exercised, nor are you suggesting any alternative. I do not think that the Government are treating the Committee fairly in this matter, but as it would not be possible for many hon. Members to support it, I hope that unless some way out of this difficulty can be found my hon. Friend will withdraw his Amendment.

This suggestion is one which requires a certain amount of consideration. If it, or something similar to it, was accepted, it would go a great way towards clearing up what is, after all, the root difficulty of this Bill, as to whether the supremacy which is going to be exercised by this Imperial Parliament is going to be a real or a sham supremacy. I cannot help thinking that if hon. Members from Ireland would really consider the matter they would prefer the proposals contained in the Amendment rather than the position laid down in the Bill as it stands. The hon. and learned Member for Waterford, in an extremely interesting speech last night, which varied considerably from previous speeches by him on the same subject, referred to this question of how the supremacy of the Imperial Parliament was to be exercised. An hon. Member on this side, interrupting the hon. and learned Gentleman, asked him to make some definite statement as to how he thought that the Imperial supremacy could actually be exercised. The hon. and learned Member, with that close attention to the conduct of affairs of this House which has always characterised the Nationalist party, took the view that if he dealt with that question he would, unfortunately, be exceeding the limits of Debate.

The hon. Member, in supporting an Amendment, is not entitled to discuss other possible alternatives. May I remind the hon. Member of what the words are: "without the consent expressed by Resolution of one House of that Parliament then the Act of the Irish Parliament shall be null and void."

The point I was endeavouring to make was, that any effective supremacy which the Imperial Parliament would be able to exercise over the terms of the Bill as it stands now will be practically tantamount in each case to a repeal of the Act altogether. In cases of importance in which the Imperial Parliament wishes to exercise that supremacy it will only be able to do so by a resumption of its Imperial authority over Ireland itself, which will be tantamount to a repeal of the Act, and, consequently, in my view, it would be far better for the Nationalist party to accept the Amendment of my hon. Friend, as they will then be in a stronger position than if they were under the actual terms of the Bill.

My whole object in moving the Amendment was to find out by what method the Government wished that we should exercise our supremacy. We want that method in the Bill, else we shall be laying up trouble for ourselves in the future. I have not been successful, and do not wish to press my Amendment, and therefore ask leave to withdraw it.

Leave withheld.

There are many hon. Members who would not wish to vote for this Amendment, because of its slightly impracticable character, but who nevertheless have been waiting anxiously during this discussion to hear from the Government some suggestion as to how the object which is included in the Amendment can be carried into practical effect.

Then I would point out that in the absence of any explanation of the kind from the Government we shall be forced to vote for the Amendment, because it is the only practical suggestion that has been made to give effect to the whole Clause. I think that is very unfortunate. I would make one further appeal to the Government to give us some practical way of getting out of this difficulty, so that we may not be driven into voting for a restriction in terms which we are not altogether prepared to support.

Question, "That those words be there added," put, and negatived.

The next Amendment of the hon. Member for Windsor (Mr. J. Mason) has been already covered. The Amendment of the hon. Member for Wandsworth (Sir H. Kimber) is not in order here. Part of it has been covered already, and the other part will arise later on. The next Amendment of the hon. Member for Windsor is also out of order.

Question put, "That the Clause, as amended, stand part of the Bill."

The hon. Member's proposal is partly covered by the discussion and the Division we have already had, and the other part arises on Clause 41 of the Bill, so there is no part of the Amendment which is not either covered already or which does not arise on a later Clause.

The Amendment of the hon. Member for St. Pancras, that this House should have the right to amend this Bill, has been negatived by this Committee. All the more necessary is it then that laws passed by the Irish Parliament shall be subject to amendment by this House. That question has never been raised in any Amendment which has come before you, and I would like to propose it if only for the purpose of asking the Prime Minister to state whether he considers, and whether the Government considers, that this Parliament should have power to amend any Irish law; and I would like to ask the hon. and learned Member for Waterford—

The hon. Member cannot make a speech on a point of Order. I have already ruled that part of his Amendment is covered by a previous one, the Amendment of the hon. Member for Totnes (Mr. Mildmay), which we have just disposed of, and the other portion arises on Clause 41. I have already put the Question to the Committee that the Clause, as amended, stand part of the Bill.

With very great respect, this Amendment is perfectly in order. It is quite true there is a subsequent Clause—

I cannot discuss the matter of order now. It was only out of courtesy to the hon. Baronet that I allowed him to make a statement. I mentioned his Amendment as it came, in its order, stating that that matter was settled, and I passed on to the hon. Member for Windsor. The hon. Member was slow in rising.

The hon. Member behind me said the words which did not reach your ear, but which reached my ear, while you were putting that. I think he did say them at the time, but if I may respectfully say so you did not hear him.

Mr. Chairman, with all respect to your ruling, and without the least desire to interfere with your discretion in the matter, is it not the case that you have allowed the point of Order to be argued? It seems to me that, having done that, it must be discussed—

It was out of courtesy to the hon. Baronet that I allowed him to speak. I do not allow any hon. Member to argue a matter of this kind.

Sir H. KIMBER rose—

I infer from what you said just now that you did not observe that I had risen. The moment you mentioned my Amendment, I rose in my place to speak, and I think that you could not have observed me, because then you went on to put the whole Clause.

I proceeded then to address myself to the hon. Member for Windsor on a subsequent Amendment on the Paper. I cannot go back on what I have ruled.

I regard this particular Clause and the next Clause as probably the most important and serious Clauses of the Bill. The majority of the remaining Clauses are practically and substantially machinery for carrying out the purposes declared in the first and second Clauses, and therefore, before we pass this first Clause, we, or the Committee, are justified in giving it the fullest and most ample consideration. We have heard both on the platform and in this House from right hon. and hon. Gentlemen opposite, and from hon. Members from Ireland below the Gangway, of their great readiness to comply with any suggestions, which in the opinion of hon. Members on this side of the House, were calculated or required to protect and secure the rights of the classes, of the communities, and of the creeds in Ireland under this new jurisdiction. We were told that there was no guarantee, no security, and no protection that we could claim which would not be readily conceded and agreed to; yet we have had in this particular case, in this very first Clause of the Bill, ample opportunity of testing the value and the sincerity of those pledges. Probably no guarantee in a measure of this kind is of any use, but the one that would have been strongest and the most reassuring, would have been an express declaration in the very forefront of this Bill of the subordinate character and nature of the Parliament we propose to set up in Ireland. I can conceive nothing that would be more reassuring to the doubts and fears of those in Ireland who regard with suspicion and distrust the future exercise of these powers, than to have placed upon the Statute Book in the very forefront of this Bill, the declaration that the Imperial Parliament reserves to the fullest extent its powers to control, to alter, and to amend the Acts of this new Parliament.

With that view, and with that express purpose, we endeavoured on this side of the House to induce His Majesty's Government to declare on the face of this Bill, and in this first Clause, that this was in fact a subordinate Parliament. We have failed in that, but failed without getting any reason, failed without getting any definition, as to what was the real scope and power and authority of this Parliament. We were told that it was not intended to set up a Parliament that would have the powers of the Parliament in Canada or of the Parliament in Australia, but that its powers were limited to the powers and functions of the subordinate bodies in Australia and Canada. We have been told, on the other hand, and we have reason to believe it, that this is not the idea of hon. Members from Ireland. I am not going to give quotations from past speeches—I am not going to raise any controversy as to whether hon. Members below the Gangway who have allowed those quotations to remain unchallenged for months and for years, were then expressing what they believed to be correct, or were misrepresented in almost every case in their own newspapers; but, at any rate, there was sufficient in those quotations, and there was sufficient in those utterances to lead us to the conclusion that they meant what they were supposed to have said, namely, that they would never consent to or accept a Parliament which was subordinate in any shape or form to the Imperial Parliament. In order to clear up this and to make it plain upon the face of this Bill we on this side of the House attempted, at the very earliest stage, to declare the subordination of this new Parliament. That could have been done, as we suggested, by the use of the single word "subordinate." But when that was proposed we were met by the right hon. Gentleman the Postmaster-General (Mr. Herbert Samuel) with the objection that it would be verbose and tautological, and yet His Majesty's Ministers have gone to the trouble of inserting a Sub-section of five lines long which they say does the same thing, and they refuse to accept our alternative suggestion to do that by one word, because, according to the Postmaster-General, the one word would have been tautological and verbose, and he preferred to do it in the short and compendious form of a Sub-section consisting of five lines.

Anyone who reads that Sub-section will see at once, as the right hon. Gentleman the Prime Minister himself admitted, that it is really unmeaning, and in no way extends, or abridges, or in any way affects the inherent power of the Imperial Parliament. The real object, of course, of His Majesty's Government is not to offend hon. Members from Ireland below the Gangway, and to leave it still open to them, if they choose, on platforms in Ireland or the United States, to reiterate and repeat the aspirations of the Irish race, and to declare, as Parnell declared, that they would never have taken up this Bill or gone into this matter except that they were resolved and determined to remain at their posts until they had severed the last link between Ireland and the United Kingdom. They can do that still under this Clause, as it is framed, with perfect propriety. No one in Ireland, no one in the United States, can challenge them with with their past utterances or urge anything against them, and they owe a debt of gratitude to right hon. Gentlemen opposite who have enabled them to save their faces to that extent. At the same time the Government have accomplished the task of satisfying the uneasy, I was going to say consciences, but substitute for consciences possessed on that question by many of their party. In England they will be able to say on English platforms that the one thing they have insisted upon is the assertion of the continued supremacy of the Imperial Parliament. That is the policy which guides His Majesty's Government at the very outset of this measure. We have reason to complain, and do complain, that while the Government are outspoken in their assurances that they have guarded and retained the supremacy of the Imperial Parliament, and while they tell us that that supremacy is intended to be real, up to the present, after three days' Debate, we have failed to extract from any Member of the Government how he suggests this supremacy can or will be asserted in the future. Your supremacy on paper is of very little use. Certainly it is of no value either as a guarantee or any form of security. I think even at this stage, before we pass from the consideration of this Clause, the Committee is entitled to get from the Government some idea as to the manner and means by which they suggest the supremacy is to be secured, if it is to be something better than a myth.

There is one other matter of very great vital and far-reaching importance that was discussed in the form of an Amendment to this Clause—I refer to the proposal of separate treatment for Ulster. Here again I think this Committee have not received either the information or the consideration from His Majesty's Govern- ment to which they are entitled. I think we were entitled to have had during the discussion of this Clause, the presence of the First Lord of the Admiralty (Mr. Churchill). I think we were entitled to have been honoured by the presence, if only for a few minutes, of the Secretary of State for Foreign Affairs (Sir E. Grey). They have been conspicuous by their absence throughout the entire discussion in Committee, and it is not to be wondered at, because they must to-day find themselves placed in a very unenviable and very ignominious position by the action of their colleagues. They went as far as men could go, in language incapable of being misunderstood, to state that the Government had an open mind upon this question of the separate treatment of Ulster. The Secretary for Foreign Affairs went so far as to state that if Ulster would not come in, the scheme of the Government could not go on, and they would have to reconsider their position. The First Lord of the Admiralty held out an invitation, or incentive, to Members from Ulster to formulate their demand or claim, and yet what were we told when we came to the speeches of the Prime Minister, of the Chief Secretary, and notably of the Chancellor of the Exchequer, who, in his sole contribution to this Debate so far, told us deliberately that before the Government produced their Bill, or when they were actually in the act of framing it, they had considered this question as to the separate treatment of Ulster and, he stated, in so far as language could convey it, that as a result of these deliberations before the Bill assumed its present shape, he and his colleagues had come to the conclusion that separate treatment for Ulster was impossible? If that was so, were we not entitled to repeat the question, "What, then, was the meaning of the speeches of the right hon. Gentlemen?" Were they honest? Were they sincere? Did the First Lord of the Admiralty mean what he said? Did the Secretary for Foreign Affairs mean what he said, and was the First Lord of the Admiralty treating this Committee, and, above all, was he treating the representatives from Ireland fairly and squarely, when he issued this invitation to them to formulate their claim? It is very difficult to imagine the right hon. Gentleman could possibly have brought against him a charge of duplicity to which his very conduct seems to lay him open. But in the absence of any explanation from them a challenge has been thrown across the floor of the House. We have complained of their absence, we have asked for explanations, we have received none, and we are driven to the conclusion that no explanation is possible. Certainly it is impossible to reconcile the attitude of the Chancellor of the Exchequer, the Prime Minister, and the Chief Secretary for Ireland, on the one hand, with that of the Secretary of State for Foreign Affairs and the First Lord of the Admiralty on the other hand.

The question as to separate treatment for Ulster was fully debated, but the hon. and learned Member for Waterford, who of course had the controlling voice upon it, has disposed of it, because he has refused to allow any solution of that kind to find its place in this Bill. The Government therefore were faced with the dilemma of either withdrawing the Bill or once again submitting to dictation. They have, of course, accepted the latter course. It is no trouble to them now. They are quite used to it. They have been doing it for some years, and are getting quite familiar with the business. Therefore it was without the slightest difficulty that they were able to say once more to the hon. and learned Gentleman, "What do you propose to do on this matter?" They got their orders, and they carried them out. That is not reassuring to us. It is hardly in accordance with the speeches they made on public platforms. It is not in accordance with the speeches we have heard in this House and the assurances that we could obtain for Ulster any guarantee or security that it asked for. It asked for nothing except to be left alone. That is the only thing it ever asked for. It has not asked to be put in a position of superiority as compared with any other part of Ireland. It has not asked to be given any privilege—religious, social, political or otherwise—any industrial or commercial privilege, beyond what is shared in common with every other part of Ireland. It wants nothing except the betterment of the position of its industrious law-abiding people. That is the only demand it has ever made. It only asks this House and the country that under these conditions it shall be left alone.

When we are told that Ulster, like other parts of His Majesty's Dominions, must in the long run inevitably submit to the law, all I can say is we have been reminded within the last few days by the right hon. Gentleman the Chancellor of the Exchequer that there are occasions when the issues involved are so great and affect so deeply the social life of the people that resistance at all costs becomes a duty. We are face to face in Ireland with one of those occasions. You have sought to dispose of this opposition of Ulster in various ways. Twelve months ago you began by jeering at it under the leadership of the Chief Secretary. You sneered at us, you called us names, you doubted our sincerity, and you questioned the reality of our opposition. You have changed all that. Now we are told you realise and recognise the honesty of the people of Ulster, that you understand the intensity of their feelings, and, if you do not sympathise with, you at any rate appreciate their views. You may jeer and scoff at us, or you may sympathise with us, but unless and until you accept what we propose there is going to be no finality in connection with this matter in Ireland. I am entitled to speak freely on this matter and intend to do so.

I have been a loyal, law-abiding citizen all my life by instinct, by training and by desire, and I say this unhesitatingly: if, under existing conditions, with your Constitution in a state of suspense, you are going behind the backs of the electors, and in spite of the daily warnings you are getting from them as to the unpopularity of your proposals, warnings, the indications of which are growing from day to day, not merely in number but in intensity, if, in spite of all these warnings, you are going to abuse your position and your power for the purpose of forcing, by this automatic procedure, upon the loyal people of Ireland, who, I venture to proclaim, are to-day the majority of the people of that country; if you are going to force upon them a measure which in their hearts and consciences they believe to be fatal to the peace and prosperity of Ireland, which would destroy at its very outset one of the most promising efforts ever made by that country for the welfare and improvement of agriculture, industry and commerce in Ireland; if you are going to do that under existing conditions, then I, for one, say I would gladly welcome every opportunity and every attempt to thwart this scheme by every means legitimate or illegitimate, constitutional or otherwise, and I know of no step that men of honour and courage should refuse to take under these conditions, in order to vindicate their existing position, in order to remain as they are an integral part of this great Empire, and in order to retain the only guarantee they regard as worth having as security for the retention of their civil and religious rights, namely, the right to be governed as part and parcel of the United Kingdom by laws which have received the sanction of the Imperial Parliament.

I pass over with contempt and as unworthy of notice interruptions such as I have heard from hon. Members opposite to-night. If those hon. Members lived in Ireland; if they knew how we regard these things there; if they knew the intensity of feeling there is upon this question; how devoted our people are to these principles of civil and religious freedom; how loyal they are to your King and your Empire, then I say they would understand the feeling with which we regard the treachery and cowardice of those who wish not merely to betray us, but to hand us over into the hands of those, who, on the opposite side of the question, have ever been the inveterate enemies of your country. These two considerations we have urged in the course of the discussions in Committee upon this first Clause. We have asked as a real and actual security to have it declared, on the face of this first Clause, that this Parliament you are setting up is not an answer to the aspirations and ambitions of the inveterate enemies of your country; but is a Parliament which is to be subordinate to your Imperial Legislature. You have refused to do that for obvious reasons, for reasons creditable to you as political man œuverers and reflecting on the honesty of your intentions. We have asked you also to exclude this particular part of Ireland from the operation of this Clause. I confess that the speech of the right hon. Gentleman opposite left me under the impression, I say it with all candour, that they would have wished to have been able to accede to our request. I was convinced from their speeches they thought it a reasonable demand, and one that ought to be complied with. I can well imagine they would have been very well satisfied indeed if their taskmaster and dictator had given them permission. I cannot, with my regard for the high reputation and political character of the Secretary of State for Foreign Affairs and of the First Lord of the Admiralty, suggest any other explanation of their speeches. I do not wish to suggest any other. I think it would be unworthy of me that I should. But to what position is this Committee reduced? Of what value are your deliberations? Why should not this farce be ended at once? The sooner it is ended the better for the dignity of this House and the less strain it will impose upon hon. Gentlemen opposite who have a conscience in this matter, a conscience which has given them no rest.

I conclude there are a few, we have had indications of it, who would like to provide some other solution. We have been asked to throw in our lot with the people of Scotland. We have been asked to break up our homes, to sacrifice our professions, our callings, and our businesses, and to transfer ourselves to England. That is what we are told is going to be the solution, when this Parliament is set up, and when, according to these Gentlemen who give this advice, inevitable intolerance will flow. Then, too, we are told to trust our fellow-countrymen, and if we cannot trust them to trust the good sense of the people of Great Britain, who will never allow intolerance, either civil or religious, to be practised in Ireland. But you have allowed it for five years. It has been practised with absolute impunity for five years. I do not say, and I have never said, either here or anywhere else, that either under Home Rule or without Home Rule you are going to have the persecution of the old days revived. All that sort of thing is out of date. It is more refined torture in Ireland now. We are much more refined in our methods; we do not cut a man's ears off, we do not roast him, but we boycott him by day and at night moonlight him. We cut the ears not off himself but off his cattle. That is the sort of thing that is going on from day to day in many parts of Ireland to my own certain knowledge, and we are told, with that experience and knowledge of the past, that we can rely upon the good sense of the people of England to rise in their might and vindicate us from these wrongs. The real result of the operation of an Act of Parliament of this kind is not even found in acts of that sort. It is found in much more subtle form: in the total exclusion from all offices of profit, emolument, and honour. It is done by depriving men of any voice or share in the management of the affairs of their own country, town, or county. We have a bitter lesson, which we are not going to forget, and we would be worse than fools if we did forget it, supplied by the speeches, prophecies, and promises of toleration, of goodwill under the administration of the Local Government Act of 1898, when on the platform in the country and from their places in this House the hon. Member for Water-ford and his colleagues, speaking I believe with all sincerity and honesty of purpose, declared that that Act would be worked for the benefit of Irishmen, and that they would welcome on the local boards every man whose abilities or services were likely to be of any use in the locality. I am convinced that the hon. and learned Gentle man was thoroughly sincere in that pledge and promise. It only shows how unable he and his colleagues are to carry out prophecies which have to depend not upon their sincerity, but upon the wishes, acts, and intentions of the community at large. I have been long enough in this House to have heard on the passing of many Acts of Parliament that a new era would be opened up for Ireland. I remember reading of the acclaim with which the Act of 1870 was received as a settlement of the land question. That settlement was unsettled in 1881, and when a new and wholly different scheme was introduced, which again was received with acclaim as a revolution which was going to settle—

The right hon. and learned Member is travelling a little too wide of the question, "That the Clause, as amended, stand part of the Bill." The limits of discussion are not so wide as on the Second Reading of the Bill.

I do not in the least quarrel with your ruling, and I thank you for the courtesy with which you have reminded me of the limits of the discussion. In conclusion, I could not allow this Clause to be read as part of the Bill without once more emphasising my protest against the way in which the Government have dealt with the proposal to exclude the loyal minority from the operation of the Bill, and against the vague and illusory manner in which they have dealt with the suggestion that the supremacy of this Parliament and the subordination of the new Parliament should be emphatically and clearly expressed in the very forefront of the measure. Their action in regard to these matters, and more particularly the position in which they sought to place the representatives of the loyalist minority in Ireland on the question of the exclusive treatment of Ulster, have strengthened me in my determination not merely to oppose this portion of the Bill, but to fight the measure line by line to the end.

This Clause commits us to the principle of a separate Parliament for Ireland; and, therefore, I think we are entitled to ask hon. Members, before they vote for this Motion, to consider very carefully what will be the probable consequences of their action. In the proceedings on this Clause three points have been settled, and they are points of the highest importance. In the first place, the Committee has decided that this Bill shall extend to the whole of Ireland. I want the Committee to realise that, as the consequence of this decision, the Government are committed to the task of coercing Ulster. The inclusion of Ulster was carried solely by Nationalist votes. The Nationalist party have once again shown their power in the Division Lobby, but they dare not themselves undertake the work of overcoming the resistance of Irish loyalists. They rely upon the British Government to use the armed forces of the Crown to drive the Protestants of Ulster out from the rights they now enjoy as citizens of the United Kingdom. After the Debates to which we have listened since this Clause has been under discussion, I do not see how there can be any doubt that the Government have made a compact with the Nationalist leaders to use what the Member for Waterford has called "the strong hand" against the loyalists of Ireland.

There were only two alternatives open to the Government in regard to their treatment of Ulster. One was "exclusion" and the other was "coercion." They have supported the Nationalists in rejecting "exclusion"; therefore, it is clearly established that the proper title of this Bill is now "The Ulster Coercion Bill"—a Bill to deprive the Unionist minority in Ireland of the elementary rights of self-government. A direct challenge has been thrown in the face of the people of Ulster, which they are bound to take up. It is a challenge which, if it is persisted in, must result in civil war. I say that with a full sense of responsibility, knowing, as I do, the deep feeling which animates the Unionists of Ireland in their opposition to the entire policy of Home Rule. We have reached a stage in this controversy when it is the duty of every Member who represents the loyal minority to tell the plain truth, as he understands it; and I say to the Government that if they attempt to overcome the resistance of Ulster by methods of violence, they will precipitate a conflict which must has disastrous consequences. The Chief Secretary has said that he is not satisfied that Ulster is in earnest—

Can the hon. Baronet give any quotation in which I said that Ulster were not in earnest?

I think the right hon. Gentleman's speech at Skipton will bear me out. [HON. MEMBERS: "Withdraw!"] I shall certainly not withdraw one word that I have said. We know that the right hon. Gentleman has not a high opinion of the people of Ulster or their religion, but I suppose that on the occasion to which I refer the right hon. Gentleman spoke for the Government. The Government want more evidence that Ulster is determined to resist this Bill at all costs. Is that the message which we are to take to our constituents when we meet them next week? Are we to go to them and tell them, "The Government doubt the reality of your determination; they despise your great demonstrations, they laugh at your resolutions, and at the solemn warnings of your Churches; they are deaf to the representations of your chambers of commerce; they want more convincing evidence that you are in earnest"? Is that what the Government desire us to say to the people of Ulster on 12th July? If so, perhaps the Government will tell us plainly what kind of evidence they require? What can we do more than we have done to show that we are in earnest?

If the hon. Baronet asks me, I think these observations are more relevant to the Third Reading of the Bill. They do not seem to me to arise on the question, "that the Clause as amended stand part of the Bill." The principle of the Bill was passed on the Second Reading, and the question now is whether the Clause as amended shall stand part.

Is not my hon. Friend making a perfectly correct reference to the speech of the Chief Secretary on the Amendment to exclude the four Ulster counties, in which speech the right hon. Gentleman said that he was not satisfied with the rejection of that Amendment?

If that is the case, it strengthens my view, because I find in the "Rules and Practice of Parliament" that the Debate on the Question "that a Clause stand part," must not review in detail speeches on the Clause or the circumstances in which Amendments were made.

As one of the Amendments to this Clause had reference to the four counties in Ulster, surely it is my duty in discussing the Clause as a whole to refer to the action of Ulster on the rejection of that Amendment?

That is just what the hon. Baronet may not do. I shall be obliged if the hon. Member for Stoke will be good enough to leave the maintenance of order to me. If the hon. Baronet will look at page 487 of Sir Erskine May's book he will find that he is not entitled to review the circumstances in which particular Amendments were made, or to review in detail the proceedings on the Clause.

May I respectfully call your attention to the fact that on Clause 1 of the 1883 Bill your predecessor, Mr. Mellor, allowed a very full discussion—practically a Second Beading discussion?

Are we to take it that the practice of Parliament is different to-day from what it was in 1883?

Are we to understand that the precedents of 1883 afford no guidance for the present Parliament? It has already been ruled by Mr. Speaker that they do.

Where subsequent rulings have been given, I think it is my duty to follow them, especially where such a course conduces to the better conduct of debate.

8.0 P.M.

I shall not attempt to pursue further the argument I desired to bring forward as to the attitude of Ulster, beyond taking this opportunity of telling the Government that if it is their object to goad the men of Ulster to premature resistance, it will not succeed. At the same time the demand of the Government for further evidence of Ulster's invincible determination will not be ignored. They shall have the evidence, and I can promise them when it is revealed it will be of such a character that they will no longer be able to deceive themselves as to the real intentions of the people of Ulster. The second fact, which I think has been established by the Debates on this Clause, is that the Parliament to be set up under this Bill will be, to all intents and purposes, a Sovereign Parliament. The pretence of the Government that this Bill is the first step to the establishment of a federal system for the United Kingdom has been completely shattered. The Government have insisted upon two Chambers, and we have had the curious spectacle of the Labour party voting obediently for a Parliament of two Houses, and turning their backs upon all the principles of government which they have supported in the past. I wonder whether the Labour party realise the extent to which they have committed themselves by their vote on this Clause. [An HON. MEMBER: "Why did you vote for one House?"] They voted for a Parliament of two Chambers on the assumption that this Bill was to be the foundation of a federal system for these islands, and, therefore, they have committed themselves to Parliaments of two Chambers for Scotland, for England, and for Wales, with a federal Parliament, also of two Chambers, over all. I venture to say that no more glaring example of political inconsistency and servility has ever been witnessed. The insistence upon two Chambers for the Irish Parliament has reduced the whole constitutional programme of the Government to an absurdity.

The hon. Member for Waterford has killed the federal idea of Home Rule, and, therefore, this Bill is now shown to be founded upon fraud. The assertion of Imperial supremacy which is contained in this Clause, is in keeping with the rest of the Bill—that is to say, it is a palpable sham. As a safeguard for the minority, we recognise its real character, and we put no trust in this, or in any of the so-called guarantees in the Bill. If it is intended to emphasise the subordinate character of the Irish Parliament, all I can say is it appears to me to be an extremely clumsy method of expressing a simple fact. In addition, it cannot have any possible effect in checking the progress of the Irish Parliament to complete independence. Members who are disposed to accept the assurance of the hon. Member for Waterford that the Parliament to be set up under this Clause will be accepted as the final settlement of the national demand, would do well to consider some words which Parnell used in a speech in 1891. The hon. Member for Waterford has said frequently, both in this House and outside it, that he and his party stand to-day exactly where Parnell stood. The extract which I propose to read to the Committee, therefore, may be taken to represent the policy of the Nationalist party to-day. Mr. Parnell said:—

I hope to have some thing to say then, Sir. But I will not detain the Committee for more than another moment or two, and I shall obey your ruling so far as I can. In 1892 the hon. and learned Member spoke of the necessity for a compact to ensure that the supremacy of the Imperial Parliament should never be exercised. He does not now ask for a conference; he is content with an under standing. He knows very well—

The question now is, whether this Clause, as amended, should stand part of the Bill, or the Bill be left without it. The House will deal on the Third Beading with general principles when we have completed our work in Committee.

Very well, Mr. Whitley, I can only conclude by saying that I shall vote against this Clause, not merely because I am unalterably opposed both to the principle and all the details of this iniquitous measure, but because I feel it is my duty to protest in the strongest possible way against the provocative attitude which has been adopted by the Government towards the Unionists of Ulster. I can only say they have gone out of their way to invite hostility from us, and I can assure hon. and right hon. Gentlemen opposite that before this Bill becomes an Act they will find that the hostility which will be shown to them by the people of Ulster will exceed all their expectations.

My objection to this Clause is that it expresses a pious opinion that this Parliament is supreme, and it gives no means either in this or any other Clause of the Bill by which that supremacy shall be exerted. I had hoped to supply that omission by the Amendment which the Chair ruled out of order. To provide by a simple declaration that this Parliament is supreme and then to give by subsequent Clauses specific powers to the subordinate Parliament to do certain things and to abstain from doing certain other things arouses immediately the presumption, if not almost the certainty, that questions must arise in the execution of those powers: as to whether the Resolutions are or are not such as this supreme Parliament can approve. Observe the words in which the grant of powers is made. The grant is made first authorising the subordinate Parliament to pass laws for the peace, order, and good government of Ireland. It is quite obvious in those general words that laws may be passed by the Irish Parliament which, without being ultra vires , may in the ordinary construction of language exceed—quite honestly so on the part of the Irish—that which from the point of view of the United Kingdom's interests and Imperial interests is unobjectionable to the Parliament of the United Kingdom. There is nowhere in the Bill any provision by which such law could be challenged here.

This Bill gives the Irish Parliament in very general terms power to make laws from the point of view of Irish interests for the peace, order, and good government of Ireland. But the peace, order and good government of Ireland may be a very different thing from, and may be grossly unfair in comparison with, what this Imperial Parliament considered the ordinary good government of the United Kingdom. I ask the Government whether they will insert in the Bill any proviso here giving a power by which this Parliament may review laws passed by the Irish Parliament. If I am answered by the Government that this pious declaration Clause which we are now discussing includes the power of Amendment, of suspension, and of repeal of an objectionable law passed in the Irish Parliament, I should like to know, then, what is the opinion of the hon. and learned Gentleman the Member for Waterford? I will assume first, as the Government say, that this power is included in the declaration of the supremacy. Then I turn to the Leader of the Irish party, and I say, "Do you agree that in this declaration of supremacy is included the power to amend or suspend any objectionable law passed by the Irish Parliament?" If the Government say that this declaration of supremacy does not include the power to amend or suspend an Irish law, then I ask, Where is the supremacy of the Imperial Parliament? What are we to do supposing a law is passed to which this Imperial Parliament has great objection? How is the difficulty to be solved. Who is to be the arbiter? Who is to determine between the two parts of the nation whether a law passed by one and the smaller section and objected to by the other is to stand? How is the matter to be determined? By civil war?

We may look forward with absolute certainty to the fact that if any Bill is passed by the Irish Parliament which, in our opinion, or that of the people of England, transgresses the powers which we have given to the Irish Parliament to attend only to local Irish interests, most certainly the Irish will not be the people to give way, especially when they have been told by the Government that they are right in supposing that there is no inherent power given in this Bill to repeal or suspend. That, shortly, is the argument. I regret that the Chairman of Committee did not see his way to accept my Amendment. I cannot help thinking that he was under a misapprehension, for the Amendment which was proposed and which was in somewhat similar terms applied to an entirely different point. The Amendment of the hon. Gentleman the Member for St. Pancras was that this Parliament should have the power to amend this Bill, or to repeal it. Now I conceive it would not be quite fair to the Irish people to say to them after we make you a grant we shall have power to repeal it altogether without reason. It would derogate from our own grant wholesale that if such were inserted in a Bill which is intended to be perpetual and which if it turns out to be a good thing we, as well as they, might wish to be perpetual. But we should certainly insert the power to get out of a mess if we find the Bill leads us into one. I shall therefore certainly vote against this Clause, because it is deficient in that very material respect which I think affects the whole of the Bill. This is not a question of ultra vires ; we shall come to that in Clauses 2 and 3. This Clause deals with what is intra vires within the terms granted by this Bill and which, from the point of view of the Imperial Parliament and from the point of view of Imperial interests although good for Irish interests, may be against the general welfare of the whole Kingdom. Therefore I shall reserve what I have to say on the question of ultra vires for Clauses 2 and 3, but I object to this, which I consider will have a profound effect not only on this Clause but upon the whole of the Bill.

I desire, out of deference to the hon. Baronet, whom we all respect so highly, and who was precluded perhaps by an unfortunate mistake from moving his Amendment, which he has explained to the House in his criticism of the Clause, to reassure him on the point he has made and which is a point well worthy of consideration. The hon. Baronet's point is this: He says, "I am not dealing with matters which are ultra vires for this new and subordinate Legislature, but I am dealing with matters which are within its powers, within the powers defined and limited under the Sub-section of the Clause, but in regard to which there is hereafter collision between the Imperial Parliament on the one side and the Irish Parliament on the other," and he proposes, or intended to move his Amendment. He appears now to think that if his words had been inserted the Clause would have some other meaning, and that the laws made by an Irish Parliament should be repealed, suspended or amended by the Parliament of the United Kingdom. The hon. Baronet's Amendment is unnecessary for two reasons. In the first place the supremacy of the Imperial Parliament is absolute and universal, and his criticism of the Clause is not appropriate. That there may be no shadow or doubt or question about it, we have inserted, I think unnecessarily, this second Sub-section, which makes it perfectly clear that in regard to all matters in Ireland the supremacy and supreme authority of the Imperial Parliment remains untouched and precisely in the same integrity as that which exists to-day, but further, in order to make matters still more clear, we specifically deal with the very point the hon. Baronet raised. I should like him to bear in mind the provisions of the second Subsection in Clause 41, which deals with the express point. I am not going to discuss it; it would not be in order to do so, and I only read it for the purpose of correcting what is evidently a misapprehension. It is there provided—it is merely an extension of the powers given and the authority defined in this Sub-clause:—

"Where any Act of the Irish Parliament deals with any matter with respect to which the Irish Parliament have power to make laws. …."

That is to say, it is primâ facie matters which are intra vires and not ultra vires which are dealt with—

"which is dealt with by any Act of the Parliament of the United Kingdom passed after the passing of this Act and extending to Ireland."

That is subject matters primâ facie within the competence of the Irish Parliament, and the Clause provides that—

"the Act of the Irish Parliament shall be read subject to the Act of the Parliament of the United Kingdom, and so far as it is repugnant to that Act, but no further, shall be void."

Surely the hon. Baronet must see here first of all what I may call the abstract assertion of the unimpaired supremacy and then the detailed application of the principle that he himself has in view. The hon. Baronet must see that Sub-section (2) of Clause 41 not only removes his special criticism, but provides for the very contingency he intended to provide. I hope I have made my meaning clear, and I think he will find, if he examines the Clause, that it answers the very points he has raised.

The Prime Minister has not quite met the point that I wished to make. Let me say, first, that Clause 41 does not apply universally to the whole subject-matter of the Bill, but to a portion of the matter granted and dealt with by the Bill.

No, Subsection (2) of Clause 41 applies to all matters which are intra vires to the Irish Parliament.

But the words in Section 2, which we shall come to presently, prohibits the Irish Parliament from making laws except in matters relating to Ireland or some part of it, but supposing we had no information from them to decide. Even Clause 41: they may read it in a different way.

Well, I mean argumentatively or dialectically. His point was confined to matters intra vires to the Irish Parliament, and he said if the Irish Parliament, having passed an Act within their power and not subject to the provisions of Clause 2, what would be the position of the Imperial Parliament? I answered his criticism by pointing to Clause 41. Now he goes on to a different point and says supposing they pass an Act which is ultra vires , what would happen? That is what I call not dealing very handsomely with me.

I think we had better at present confine the Debate to the Amendment before us.

I wish to ask the Prime Minister a very plain question, and I am sure he will extend to me, as I have no knowledge of the law, the same courtesy extended to my hon. Friend behind me. The right hon. Gentleman the Prime Minister said over and over again he is not putting a certion section of Irishmen in an intolerable position. I want to ask him in what way he or the Government intend to exercise this important privilege of the undiminished power over persons, matters and things within His Majesty's Dominions, through the Imperial Parliament? Several right hon. Gentlemen below me, and many hon. Members behind me, on the First Reading, on the Second Reading, and in the course of this Debate, have tried to elicit from the Government how they intend to exercise the supremacy of the Imperial Parliament if the Parliament in Dublin passes an Act which this House may consider unjust, unfair, and cruel upon the minority in Ireland, if hon. Members belonging to the Nationalist party informed them that that Act was passed by the will of the people. That is a question which I think deserves an answer.

The right hon. Gentleman occupied some twenty minutes of Parliamentary time wrapping up in the most extraordinary and clever way his reply, which was no answer at all to this question. Not that it matters very much, because we are determined not to obey the Irish Parliament in any sense at all if it is established. No one can help noticing the different tone adopted in this House by hon. Gentlemen opposite to that which they adopt when speaking in the country. This particular part of Clause 1 is a favourite phrase at the beginning of every Home Rule speech throughout the country, and now, when we ask the Government what is meant by it, they have failed to indicate in the slightest degree how it is to be carried out. This is the whole form and substance of Clause 1 as it now stands, and not a single attempt has been made to answer it. The hon. Member for Mid-Armagh (Sir J. Lonsdale) made a speech on the question "That this Clause stand part," and I wish to associate myself with every word of it. The Government have said to the people of Ulster, "You must accept this Parliament in Dublin against the will and wishes of the people. That mandate has gone forth in spite of what was said by the First Lord of the Admiralty and by the Secretary for Foreign Affairs. The mandate has gone forth that we are to be compelled to accept this Bill, and Clause 1 is to become effective with all the force of Government.

One point the right hon. Gentleman has apparently neglected to consider is the fact that the speeches made by himself and by the Chief Secretary for Ireland will have to be considered in Ireland when we go over in a few days' time to appear before them for the first time since this Bill was introduced. What message are we to take to those people? There are hundreds and thousands of loyal men waiting for their representatives to go to them to inform them what the message of the Government is on this point. The result will be that the people of Ireland will show still further their reality and determination that they will not accept a line of this Bill or obey the behests of an Irish Parliament, and rebel against the rebels who will sit in Dublin as a Parliament. Evidently the Prime Minister backs up the Chief Secretary when he says we want further evidence from Ulster. I intend to intervene very seldom in the Debate, but I should be false to my people and false to my principles if I did not urge upon the Prime Minister the danger of the course he is pursuing, and what will happen unless even at the eleventh hour the Government change their tactics, and instead of insulting the men of Ulster and pouring ridicule on them, which has been the practice of the Government and their supporters, they come to realise early in this discussion that this is no small matter, and that before this Bill gets very much further there may be an uproar, as was indicated by the sad news from the North of Ireland that the people there are reduced already, before this Bill is passed, to a form of persecution of the minority in the North. This is a warning which I hope the Government will not ignore.

The hon. and gallant Gentleman who has just sat down dealt with the effect the setting up of an Irish Parliament will have upon a particular class of the Irish people. I would like to draw attention to the effect which the setting up of an Irish Parliament is likely to have on a very different set of people, namely, the British tax payers. What inducement has been held out by the Government to the taxpayers of this country to accept the proposals which are put forward in this Bill, the most important of which are embodied in the Clause now before us? The two principal arguments which are always put forward to induce the people of this country to accept this Bill, are first of all that the creation of an Irish Parliament will relieve this House from a great deal of work, and set it free for other purposes. The second argument is that it will enable the people of Great Britain to cut their loss as regards expenditure, and thus get rid of a considerable amount of liability. I believe those contentions are absolutely false. Firstly, I do not believe for one moment that so long as you retain the representatives of Ireland at Westminster, whether in the numbers they exist to-day or in the reduced number under this Bill you will really relieve this House of the work it now has to do; in fact, it will more likely have the contrary effect, and the mere existence of an Irish Parliament will lead even the limited number of representatives who will remain with us in future to be constantly bringing up points which have been discussed in Ireland for the purpose of getting some further concession from the Imperial Parliament for the benefit of Ireland. With regard to the question of the cutting of the financial loss I think so long as this House maintains its supremacy over the Irish Parliament, and so long as you really mean to keep an effective union between the two countries, it is perfectly absurd to talk about cutting the financial loss, because the credit of the two countries is so closely bound together—

I think not. My recollection is that no financial question has been raised upon any of the Amendments, and therefore the course which the hon. Member is now pursuing is out of order.

In the case of the Bill of 1893 on this very Clause a discussion was allowed.

The Chairman has already indicated that he is not bound by what happened in 1893. We must take the facts as they are presented to us to-day.

Then I shall defer that argument to a later stage of the Bill. It appears to me the supremacy we have discussed very fully during the last few days is not perhaps likely to prove a very effectual protection to individuals who are at present able to claim the protection of this Parliament in their grievances. I cannot help thinking the question of individual liberty and personal protection is one which will have to be very seriously considered, because we cannot forget that in setting up this Parliament we are entering upon a task of peculiar difficulty. The fact that there exists in Ireland not One nation, but two nations, divided in sympathies and religion, makes the setting up of a Parliament there peculiarly difficult, and in creating that Parliament we ought to take special precaution that individual personal liberty is fully maintained.

Very long and earnest attempts have been made by hon. Gentlemen on the other side of the House to get Sub-section (2) of this Clause deleted, but it seems to me it is not only a necessary but a very important part of the Bill. I am not much accustomed to interpreting Acts of Parliament, but it seems to ensure the supremacy of the Imperial Parliament, and by that very fact it puts the Irish Parliament in an inferior and subordinate position. The Clause appears to me to assert the complete supremacy of the Imperial Parliament, and that is absolutely necessary. No vote of mine, if I know it, will be given for any Clause that will give to the Irish Parliament or any other Parliament the right to deal as they choose and which will not leave them subject to the control of this House. Ireland is and must remain a subordinate part of the great Parliament of this Empire, and to a plain man this seems to me very clear. I have read this Clause again and again. I know some hon. Members have said it is very obscure. The hon. Member for South Birmingham (Mr. Amery) the other day took upon himself to say that the Sub-section was not only meaningless, but was intended to be misleading. Does the hon. Gentleman and those who agree with him really mean that? Does he think this Government or any Government would be guilty of putting any Clause in any Act of Parliament with the deliberate intention of misleading the people who read it?

The hon. Member may think so, but I do not. If the hon. Gentleman was ignorant of the meaning of words I could understand him, but for an educated man to say that is to me a matter of surprise. If any Government were guilty of deliberately putting into any Act of Parliament any Clause intended to deceive those who read it, they would deserve to be tried by a Commission and shot. This Clause implies what Clause 41 assures, that the Irish Parliament is and must remain subordinate. Do right hon. and hon. Gentlemen who make these statements really mean what they say? I cannot conceive all that has been said in connection with this Clause is really meant by hon. Members. This Clause is absolutely necessary in the interests of Ulster itself. I know some are afraid of religious persecution. Many of my own friends have expressed similar fears. The best safeguard against religious persecution is to give power to the democracy. Persecution cannot long exist where the people have any power. Where the priests of whatever denomination are in power, there you have persecution.

I must remind the hon. Member that the religious question will be raised on Clause 3.

I am sorry to have got off the line, but I was trying to show this Clause is necessary in order to prevent religious persecution, and that the best safeguard against religious persecution is to trust the people with such reasonable self-government as this Bill gives to the Irish people. It seems to me Sub-section (2) of Clause 1 is one of the best parts of the Bill, and I am surprised it should have been opposed in the way it has been by the hon. Gentlemen opposite. I wish we could all realise what a generous people the Irish people are. They have given us great sailors and great soldiers, some of whom adorn the benches opposite, and I expect when this Bill becomes law—as it will become law—the Irish people will manifest how they can manage their own affairs. We have been trying for a very long period to manage them and we could not. Now if we allow them to manage their own affairs we shall see Irishmen take their places among the people of the world worthy to be trusted.

It is quite plain Clause 1 involves the whole principle of the Bill, and I propose to examine how far it carries out the promises and the programme of the Government. In the first place, it clearly establishes Home Rule subject to a certain supremacy; but, while we are adding a Clause to a Bill which nominally gives supremacy to the Imperial Parliament, we are doing it at the dictation and with the approval of the hon. Gentlemen below the Gangway, who have expressed extremely different sentiments. It is, therefore, not less clear to my mind that there must be two interpretations to the meaning of supremacy in this Clause. It may mean what it is alleged to mean by the Government, that complete supremacy of the Imperial Parliament is to be established, without any reservations whatever, and on the same ground as it is applied to other Dominions of His Majesty; or it may mean that it is to be given as a stepping-stone to other policies, the policies which are indicated by the statements of hon. Gentlemen below the Gangway, such as one by the hon. and learned Member for Waterford, which I give merely by way of illustration, in which he said at Newry:—

"I believe in the policy of taking from England anything we can wring from her which will strengthen our arms to go on for more."

What more does that mean? Does it not mean infringing on this very supremacy and endeavouring to make it a greater sham? We know we cannot interfere, and we do not interfere with any main policy of the self-governing Dominions. Not only shall we not interfere in the case of Ireland, but she shall take more into her hands. The hon. Gentleman the Member for West Belfast (Mr. Devlin), speaking in Philadelphia in 1908, said:—

"I believe in the separation of Ireland from England until Ireland is as free as the air we breathe."

Is that the supremacy of which we are talking, and yet that hon. Gentleman made a speech only the other day in support of this Bill and this supremacy? Surely we are entitled to ask from what point of view are they looking at it. Do they mean what they say now, and will they heartily support the point of view of the Government as regards this Clause and as regards this supremacy, or do they hold up their sleeves licence and liberty to stray away as far as they please from that supremacy, and maintain the further policy of separation and making Ireland as free "as the air we breathe"? We are entitled to ask that before we add this Clause to the Bill, as it is extremely material. The Government talk of safeguards, but the House knows perfectly well that most of those safeguards will be very illusory. We hear of the Senate being instituted, and we are told that the Members of it are to be nominated in the first place by the Lord Lieutenant and then by the Executive of the Irish Government. Is that going to ensure that this Parliament always has the supremacy when the Members of the Senate who are nominated will be supporters of the policy of the hon. Member for Waterford?

That is rather beyond the scope of this Clause, and the hon. Member is making a Third Reading speech.

I bow to your ruling, but I am merely discussing the whole question of supremacy which is raised by this Clause. It seems to me it is extremely difficult, if I may Say so respectfully, to discuss it adequately if you cannot discuss the bearings of supremacy as a whole.

The hon. Member, in discussing this Clause, goes on to discuss the Clause as to the Senate as if we were in a discussion on the whole Bill.

Is the hon. Member not in order in discussing other Clauses which have a real bearing on this Clause in view of the fact that the Prime Minister devoted his speech to a discussion of Clause 41?

With respect to the Prime Minister, if I had known what the tendency of it was, I would have stopped him earlier. It was a reply to an hon. Member on that side. It is quite clear that the course that the hon. Member is now pursuing is out of order.

This Clause sets up a Senate and creates an Irish Executive and I submit it is in order for my hon. Friend to discuss the effect of the creation of that Senate.

We have to discuss the question now of the supremacy of Parliament. When we come to the question of the Senate we will discuss that.

I submit that this Clause does not deal alone with the question of the supremacy of Parliament, but that it sets up a Parliament in Ireland to govern Irish affairs, and I submit that we are entitled here to discuss the question from all points of view as to the new Parliament or new Legislature which is to be set up in Ireland. I submit that the financial question is one which has a very important bearing on this point.

I am obliged to the hon. Member, but I see no reason to change my ruling. The hon. Member has no right to refer to the financial part on the same principle as I applied to the hon. Member for Windsor (Mr. James Mason).

I bow to your ruling. It is extremely difficult to discuss the question of supremacy without making some reference to the safeguards by which it is supposed to be surrounded. I will do my best to keep closely within the four corners of your ruling. I merely wanted to point out that in setting up the basis of this Irish Senate and this Irish House of Commons, Ave are, according to the Bill itself, not carrying out what is really laid down in Clause 1. Clause 1 lays down the complete supremacy of this Parliament, but when safeguards are put in, which are no safeguards, I cannot but think that that supremacy is seriously in danger. In deference to your ruling I will not pursue that matter further. The Clause also provides that Ulster is to be included within its terms. There is no distinction made, there is no condition that Ulster should be left out in any shape or form or by any method, and there is no suggestion that Ulster can, so to speak, contract out if it desires to do so. The result is that we must assume that this Clause finally decides the question that Ulster is to be part and parcel of this Home Rule arrangement. I venture to think that Ulster is the key to the situation. If Ulster declines, in its own words, to become a rebel to His Majesty's Crown, if it insists that it is to remain as it is in the present Government of this United Kingdom, if it takes measures to the utmost limit to carry out that firm desire and conviction of its own, I cannot but prophesy that this Bill will be a failure. You cannot carry out a Bill of this kind applying to the whole of Ireland as this Clause makes it do with Ulster refractory, and yet suppose that your system of government will prosper. It is not a working proposition that this Bill can be effective if the terms of this Clause are persisted in. The right hon. Gentleman the Member for Dublin University (Sir E. Carson) has stated very clearly to-night that he considers it his duty to resist this Clause to almost any extreme. He utterly refuses, speaking on behalf of Ulster, to be tied by this proposal and to be driven into a corner by it. He points very properly to the outrages that are going on, to the intolerance that is manifested, and to the candidates for promotion, who are all chosen against the aspirations and desires of Ulster, all of which things are aimed at shipwrecking the whole position and policy of that portion of Ireland. So long as that policy is persisted in by His Majesty's Government they cannot suppose that this Bill will ever answer. Ulster is the key to the situation, and if Ulster maintains an unbending attitude, which its representatives assure as it will, surely it is the business of this House to provide for that, and not to pass this Clause over their heads. It is an outrage on a large and important province of the United Kingdom to pass this law over their heads and against their will, and to suppose that they will submit tamely to its dictates.

9.0 P.M.

If we turn to another aspect of the Clause we see how far it carries out the Government's pledges. The Government say that it is establishing a federal system. The system established is neither federal nor Colonial, as we know it, but is a patent of the Government's own with the disadvantages of both. It sows the seeds of constant friction. It is not federal like the provincial Governments in Canada or the State Governments in the United States; neither is it federal like the States in Germany, which are federated under an Imperial Government. The Government say that this particular provision is to be part of a larger federal scheme. I do not think sufficient attention was paid to a speech made by the senior Member for Merthyr Tydvil (Mr. Edgar Jones) yesterday. He got up with great promptitude to point out that if this Clause really meant a subordinate Parliament, he, as a representative for Wales, would never tolerate such a proposal in a larger federal system. If this proposal is really a federal system it ought to apply equally well to Wales and to Scotland. Do the Government suggest that when they propose their federal system for Wales or Scotland they are going to allow a large number of their representatives to come here at will on certain occasions. I do not know what may happen to the British representatives if they do. There will be another forty-two Members invading us from Scotland, and a smaller number from Wales. Are we also to provide another £2,000,000 a year for Scotland, and, perhaps, another £1,000,000 a year for Wales, under the new system of federation established by this Clause? I do not understand how the Government can maintain that they are establishing by this Clause a sound federal system which can be extended to other parts of the United Kingdom, if, in fact, they are not prepared to carry out the peculiar provisions they are enacting in respect of Ireland alone. I never heard of a federation in which one Parliament sent a large number of representatives to the Imperial Assembly. You do not find it in the United States, Canada, South Africa, Australia, or Germany. It is an entirely new proposal evolved out of the brain of the Government.

On a point of Order. May I ask whether it is in order to discuss on this Clause the number of representatives to be sent by Scotland and Wales to England under a federal scheme?

I would call the hon. Member's attention to another Clause in the Bill which deals with a number of Members to be sent from Ireland to this Parliament. That would be the place to raise the point he is now dealing with. I am sorry to interrupt the hon. Member so often, but I am quite clear in my own mind as to the line he is pursuing.

I would point out that the question of representatives is entirely bound up in the proposal contained in this Clause. I am objecting to this Clause because it is not a federation proposal, such as we understood it generally to mean, but it is a peculiar proposal which introduces, among other things, representatives from each province into the central Parliament. I might equally ask whether specific doles are to be given to other portions of the United Kingdom.

:That, again, is quite outside the scope of this Clause. It must be quite clear to the hon. Member that we are dealing with a Parliament to be set up in Ireland, and I must ask him to confine his observations to the proposed Irish Parliament, and not to deal with any question of what may be set up hereafter in Scotland or in any other part of the United Kingdom.

Surely when we are discussing the root Clause of the Bill we are entitled to make reference to the motives which have been set forth by the Prime Minister in introducing it. Among those he stated, in the most explicit terms, that the setting up of an Irish Parliament was to be the first of a series of creations of Parliaments to form one federal system in the United Kingdom.

That is a very proper argument on a Second Reading or Third Reading. It does not seem to me to be germane to this Clause.

Is it not germane to the Clause to consider how far the Clause is consistent with a federal scheme? How can we discuss whether or not it is a proper Clause to insert in a Bill which is the first of a series of Bills setting up federal Parliaments, without considering whether the particular Clause is appropriate to a federal scheme or not?

We can consider what is germane to the Clause, but we cannot discuss whether it is germane to a pure hypothesis at present, or to a mere proposition or supposition. It is quite in order to discuss whether it is germane to some concrete thing before us, but there is no question before us of a federal Parliament for Scotland or Wales; at any rate it is not before this Committee.

The Prime Minister said the Clause was a forecast of federalism. I hope I may infer that as federalism is ruled out it is considered at least as impracticable as the rest of the Bill. The Clause refers specifically to the Irish House of Commons. I notice that this is a new phrase. It was not in any of the former Home Rule Bills. The Bill of 1886 referred to an Irish Legislative Body. The Bill of 1893 talked of it as a Legislative Assembly, and, what is even more peculiar, in 1893 the proposed introduction of the words "House of Commons" instead of "Legislative Assembly" was resisted by Mr. Morley on behalf of the Radical Government itself. I much prefer the term "Legislative Assembly." I think it indicates more clearly that supremacy is really intended, and I gather that the words "House of Commons" are being put in entirely to please hon. Members below the Gangway, who, as usual, are masters of the Government. I regret it. It is another reason—a slightly lesser reason, perhaps, than some of the others, but a very decided reason—why I object to the Clause being added to the Bill. As regards the Clause and its provisions as a whole, I should very much like to ask whether Irish Members particularly, and the Government also, will guarantee this arrangement to be a final settlement. We know that the hon. Member (Mr. W. O'Brien) does not guarantee anything of the sort. He is too honest to do so. That no Parliament can really guarantee a final settlement is a matter of history, but, at the same time, it only adds to my dislike of the Clause, because, if I am to go by the experience of history, there is every probability that this may not be a final settlement—that more may be asked for and more may be granted. It would be an extreme misfortune if we are really to be tied to the proposal in this Clause. I regret it extremely. If we are to be drawn, as time goes on, beyond it, what we are doing now is a perfect disaster to the nation. When we realise that all this, which can be riddled with criticism, which has been riddled with criticism by the Ulster Members and others from almost every seat on these benches, is to be forced through this House and the other House, and is to obtain the assent of the Crown under a suspended Constitution, the whole situation is turned upside down and the whole of our Parliamentary institutions are being insulted. It is nothing short of an outrage upon our form of government that this measure in particular and other measures also should be made law under such methods as these.

The question before us, whether "this Clause shall pass," involves T know in the mind of the ordinary layman a very great deal more than you will be inclined to allow us to discuss, but we may ask ourselves—especially those of us who have been Home Rulers very many years—the simple question whether the time has not arrived when an enacting Clause like this at the head and front of a Government measure shall have behind it all the driving power which the Government has available. I listened to some of the objections raised by the hon. Member (Mr. Evelyn Cecil). One always listens to his objections with interest, because we always know that he speaks from profound conviction and deals with the arguments of his opponent in a kindly and temperate way. He based one objection to the granting of a Parliament to Ireland upon some words which were uttered, under what circumstances of excitement he did not say, by an Irish leader in Newry in 1897. Have we not got beyond all these arguments? May not the heated statements that have been made on any side of the House in this long controversy be laid aside and the thing looked at more closely and pointedly? Have we not on both sides of the House, dividing it roughly into the great constitutional parties, Conservatives and Liberals, been addressing ourselves to this question during all these years, and is there for a moment any room for doubt at all that, in response to the irresistible pressure which this question is always bringing us up against, Governments represented by hon. Gentlemen opposite have done far more to make possible the completion of the work we are engaged upon to-night in this House than we have done on this side? Take the phrase of the Irish Leader, "We will take all we can get for Ireland, and ask for more." This is the more. What they took were county councils—from you. What they took was land reform—from you—and other things, and they were good things. They are coming now and asking you, who have done so much for them, to round off your splendid labours with this concession of a Parliament in Ireland for purely Irish affairs, and it seems to me that by the sheerest process of logic you are bound, if you can divest your mind from party passion, to go this further step. That we should have a Parliament in Ireland for Irish affairs seems to me absolutely a reasonable proposal if we are to secure the independence of this Parliament. Whether you have a Conservative Government or a Liberal Government on these benches—or conceivably a Labour Government—while the present state of things remains you are not your own masters with any degree of certainty in this House for any four Parliaments out of five. I know a remark of that kind, which is a frank and candid admission, is generally received with ironic smiles from the other side of the House. But would hon. Gentlemen have done as much as they have done in the items to which I have already referred but for that consideration? It was the price they had to pay.

My argument was that the pressure laid upon the Government in this House to maintain themselves in power necessitates the liberation of this House from the dominating Members of a party sent to us under the Act of Union a century or more ago. In discussing the Clause we have heard the statement made that this Parliament should consist of a Senate and a House of Commons. So far as I am concerned, if an overwhelming proportion of this House decided to make it a one-Chamber Parliament, I should not object. Here is a proposal all Irishmen should like, whether Ulster separatists—[HON. MEMBERS: "No."] Oh, yes, there are certain Ulster men here who want to stand out of a United Ireland. I say that Ulster separatists on the one hand, and Nationalists on the other, ought to be rolled up together. But however that may be, we get along with this as the first consideration. I think they would all wish a big Parliament, a dignified Parliament, to which Irishmen would like to go. I wish the hon. Gentleman opposite (Mr. E. Cecil) had criticised this proposal more closely. The Clause says:—

"Notwithstanding the establishment of the Irish Parliament or anything contained in this Act, the supreme power and authority of the Parliament of the United Kingdom shall remain unaffected. …."

I invite the hon. Member and other Members opposite to consider if they could put better in their own language the status we desire this Parliament to occupy, and whether they could impose stronger limitations than are expressed in the words, "the supreme power and authority of the Parliament of the United Kingdom"? That involves all the safeguards which are asked for. What they are you, Mr. Deputy-Chairman, will not allow us to say. We wish that you would. But within this ample phrase there is surely all that any man can ask. While you are here in the Mother of Parliaments, and looking at what you desire the Irish Parliament to do, you will know that you have a restraining hand which at any time you can put down to arrest any tendency to go from the wiser and straighter path.

We want this Irish Parliament because the present divided state of the Irish race throughout the Empire is tending to disintegration. We want this Irish Parliament because the Irish people, who have done at least a full measure of work in proportion to their numbers in building up the Empire, have demanded it. They have shown in other parts of the Empire that they can rule there. Surely they can rule at home. You do not propose to give them the measure of power you give to the Channel Islands, Canada, or Australia. The hon. Member (Mr. E. Cecil) said this proposal differed from the conditions you have in the Parliaments of Australia, Canada, and South Africa. Probably that is so. Necessarily it is so. The conditions affecting this proposal are manifold, and differ widely not only geographically, but temperamentally and racially from the many conditions which had to be considered when you were building those other structures in your Imperial Dominions. I shall vote for this Clause, and, indeed, for the whole Bill with a glad heart. I believe it will make for the solidarity of the Empire and the contentment of the Irish people. I do so profoundly believe in the genius for Government which the Irish race possesses, whether in the North or the South, whether among the hard-headed business men of Ulster or the meditative and reflective people of the southern part of Ireland, that I believe we shall find when this Parliament is established, and a fair opportunity given to it to serve its countrymen well and truly, many big problems which at present bother and harass us in this island would be settled in Ireland by the quick, alert, and it may be sharper enterprise of the Hibernian people. I do urge the claim of a united Ireland to have a united Parliament. Let the best, if there be an Ulster of the best, come and join their fellow-countrymen in making the Parliament strong. To all kinds of Irishmen may this new Parliament be a means for the working out of the greater dignity, happiness, and prosperity of a people whom to know is to love, and to whom we as Englishmen owe a very great deal.

We have an expression in this country which we use when dissatisfied with a certain statement or state of affairs. We say it makes us sick to hear a certain thing. It makes me absolutely sick to hear the nonsense which the hon. Gentleman has just spoken. I do not know how often he has been in Ireland. I would not be a bit surprised if he had never been there at all.

I have been born a long time. I am not surprised that he should talk such humbug about the country if it is so long since he was there. When he talks about a "united Parliament" it makes me tired. What does the hon. Member know about Ireland when he tells us he is sure this Bill is going to bring about a state of happiness and well-being which has never been known before, and when he tells us that the hard-headed business men of the North of Ireland will never regret the day when this Bill passed into law. I would submit to the Committee that the hard-headed business men of the North of Ireland and other people know a great deal better what they want than the hon. Member. I would contrast his predictions of all the happy things that are going to happen with the remarks of the hon. Member for the Colne Valley (Mr. Leach). He did not hold out any hopes that after the Bill was passed the beautiful state of affairs would exist which the hon. Member predicts. The Rev. Mr. Horton was more guarded in his language. He talked about our fears of persecution after the Bill passed into law—fears which I might remind the hon. Member (Mr. Essex) are held by everyone of the hard-headed business men who, according to his prediction, will welcome this Bill when passed into law. The hon. Member for Colne Valley told us that persecution could not long exist, when the democracy have power. What Mr. Horton said, was, "I admit that when this Bill passes there will be a great deal of persecution and Protestants will probably be reduced to that position that all that will be left is to come over and take up their residence in England." I submit to the Committee that that is much more likely to be the case than what has been said by the hon. Member who preceded me. There is not one of my Protestant fellow-countrymen in the North of Ireland who believe a word of what has been said as to the benefits resulting from this Bill, and the certainty that as soon as it is passed into law the divisions which exist in the North of Ireland will disappear and everything will settle down into calm peacefulness, and we will be holding up our hands thanking God that a Liberal Government brought in the Home Rule Bill. Living as we do side by side with our Nationalist fellow-countrymen we know a thousand times more than the hon. Member who preceded me, or the hon. Member for Colne Valley, about Ireland. Hon. Members opposite lately have been affecting not to hold us up to public scorn, but to refer to us as hard-headed business men to whose views respectful attention should be paid. If that is so they must see that we know a great deal more about the conditions which will exist after Home Rule has passed than hon. Members can do. The feeling in the North of Ireland against setting up a Parliament as proposed in this Bill is just as strong as ever it was. I wish to try to talk as calmly as I can, though I admit such remarks as those of the hon. Member who preceded me perhaps make me speak out more heatedly than I like to do. Among other reasons, I think, that moderate language on this subject is likely to bear better fruit.

Therefore I desire in the plainest and calmest terms for myself and on behalf of my colleagues to repeat everything that has been said with reference to our unalterable opposition, not only to the passage of this Bill through the House of Commons, but afterwards; and I speak not only for the comparatively few Irish Unionist Members, but for those whom we represent in Ireland, who number considerably over a million souls.

I believe the hon. Member is unwittingly quite right when he says over two millions. Not one of the hon. Members below the Gangway has spoken in the Debate to-day, so I may quite easily ask to be allowed to continue my speech without interruption on their part. The whole point with regard to this Bill is this. The proposal to set up an Irish Parliament has been brought forward without the sanction of the country, as has been proved time after time. It was not before the country at the last election. The Government is forcing on this Irish Parliament, I will not say contrary to the wishes of the country, because that has never been tested, but without having to express directions of the country; and if for no other reason, we in Ulster would be entitled to offer the most strenuous opposition in our power to setting up this Parliament. If the Government are so certain that they have the country behind them, as was said by the hon. Member who was foolish enough to remark that they had the driving power of the country behind them in this matter, then, considering the greatness of the issue which is at stake, the very least the Government can do is to go to the country and ask them in the most direct way whether—

The first Clause of this Bill proposes to set up an Irish Parliament, and I am trying now to show the Committee why this Clause should not be passed. The whole position is one of unreality. The Government are playing at this moment with fire. They know that it will take at least two years to pass this Bill into law, and the point then arises, are the Government prepared to pass it into law in spite of the unalterable opposition that we in Ulster are going to give it? Hon. Members opposite should realise that the statements of what our attitude will be if this Bill becomes law are not anything in the nature of bluff or exaggeration. If this Bill becomes law I will certainly use every endeavour in my power, and my colleagues will do the same—and there will be no difficulty in getting the people whom we represent to follow our lead: indeed, that will not be necessary as they do not require any lead in the matter—but so far as my example and words will have any effect, I will certainly employ them for the purpose of opposing the establishment of a Home Rule Parliament in Ulster, at any rate to the very utmost of my ability.

I think the hon. Member has not understood what I have said. The Bill has been read a second time and committed to a Committee, and it will have to come back to the House for a Third Reading. We are considering the Bill in Committee subject to those two facts. Therefore we are not entitled to usurp the functions of the House and have a Second Reading Debate in Committee. We must deal with this Clause as part of the machinery of the Bill remitted for consideration by the Committee.

May 1 ask, Sir, whether your attention has been drawn to the Debate on the identical question "that Clause 1 stand part of the Bill," on the 11th and 12th of May, 1893, in which general discussion and quotations were allowed? The whole subject of Home Rule was discussed so long as hon. Members did not go into details, and references were allowed lasting as long as five minutes at a time, on the question.

My attention was called to that by the Noble Lord the Member for Thirsk (Viscount Helmsley), and I then answered the point.

Has your attention been called, Sir, to the proceedings; not on the Home Rule Bill of 1893, but on the Parliament Bill of last year, when you were in the Chair, and I find it reported on page 790 of the OFFICIAL REPORT, 18th April, 1911, that the question was proposed "That Clause 1 as amended, stand part of the Bill." Upon that there was a very long and very protracted Debate, which, if I remember rightly, did not terminate till the early hours of the following morning. The widest discussion was allowed of the whole question, and all these matters were raised in that discussion.

Is the right hon. Gentleman aware that Mr. Speaker's attention was called to the question of precedents dating back to 1895, and he expressly declared in answer to a question by my hon. Friend that the precedents were binding upon the Chair.

I was in the House when that question was put, and what I do say is this, that the Committee in repeating a Second Reading discussion is usurping the functions of the House.

I do not dispute your ruling, Sir, but may I ask whether a distinction can be drawn, following your ruling, as between the general discussion of the creation of an Irish Parliament—the general subject decided on the Second and Third Readings—and the particular form and method by which the Parliament is created, and which is done in the first Clause of this Bill?

I do not want to exceed the proper limit of discussion on this Bill, but as it is proposed to set up an Irish Parliament I submit that I ought to be allowed to show cause why that should not be done. I submit that my remarks were in order, because this question of the position of Ulster under the Home Rule Bill is one of the most important issues, and it was dealt with by the Amendment moved by an hon. Member opposite proposing to leave out the four Ulster counties from the scope of this Bill. I submit, therefore, that we are entitled to review the whole subject on the question "That Clause 1 stand part of the Bill." I should be very sorry to contravene your ruling, or the ruling of your predecessor in the Chair, but I must confess that unless we are allowed comparatively free discussion, I do not see on what particular point except this question of subordination we are entitled to address the Committee.

I have been trying to do that, and when it is proposed to set up an Irish Parliament, surely we are entitled to point out to the Committee the grounds on which that should not be done? In regard to subordination, it was admitted by your predecessor in the Chair to be in order. In reference to Sub-section (2), we in Ulster maintain that it is not worth the ink in which it is written, or the paper on which it is printed. It has been proved conclusively in this Debate that any such Clause or Sub-section which has purported to limit the powers of Colonial Parliaments has been absolutely worthless. It has been shown that this Parliament does not interfere with Acts passed by the Legislature of the self-governing Colonies, and any right to do that which may exist would not be pressed to its logical conclusion. It has been tacitly admitted, although never settled, that interference by this Parliament with Acts passed by a Colonial Legislature could only be put into force by us with the aid of armed force; but, at any rate, precisely the same thing applies to Sub-section (2) of this Clause. The hon. Member who preceded me said he was quite satisfied with the Sub-section, and under it there was no possibility of the Irish Parliament ever doing anything which this Parliament would not approve of. That is a most grotesque and ridiculous statement. It has been proved on several occasions that Acts have been passed in our Colonies which have been strongly disapproved of, yet in no case has Parliament ever practically asserted its right to over-ride the decision of our Colonial legislatures. Precisely the same thing would occur in the case of the Irish Parliament. I would point out that we are not all contemplating some gross piece of injustice on the part of our Nationalist fellow-countrymen.

There are degrees of unfairness and persecution, and there are many things of a comparatively unimportant character that it would be ridiculous to expect this Parliament to interfere with. If the Nationalist Parliament—to suggest an extreme example of degrees of injustice—were to order that all Unionists were to have their right hand cut off, then the Imperial Parliament would intervene to stop such an injustice. But, as I said, there are degrees of injustice between the one extreme and the other, and there are numerous minor injustices which the Irish Parliament might commit but which the Imperial Parliament would consider it beneath their dignity to interfere with. Except in extreme cases which would never arise, and which may therefore be left out of consideration altogether, Subsection (2) of this Clause is utterly worthless from the point of view of my fellow-countrymen of the north of Ireland. It does not matter a row of pins whether it is left in the Bill or out of it. Therefore hon. Members opposite who are salving their consciences with the idea that this Sub-section is going to protect in any way the minority in Ireland are, I can assure them, making a very great mistake; and if they have allowed their conscience to be eased by such a Sub-section, I can only say that conscience is very flexible. I do not know whether I am entitled, under what I consider the rather restricted Debate which apparently we may carry on, to refer in any way to the arguments which have been made use of in the discussions on this Clause with regard to Colonial analogy. We have had that analogy thrown in our faces by hon. Members opposite in the few instances in which they have ventured to take part in these discussions.

There is one point I would like to make clear. It cannot be too often stated that there are a great many directions in which the Colonial analogy does not apply, but in one great respect it is absolutely inapplicable to this case. In every case where Home Rule has been granted to a Colony, or where, as in the case of Australia, federation has taken place of a number of separate self-governing parts of the Colony, in every one of those cases the consolidation or the granting of autonomy has been at the unanimous request of the whole Colony. It is different in this case, because here you are proposing to give it to a country where, it is true, nominally one-third of the people demand it, but one-third are bitterly opposed to it. That renders an analogy between the Colonies and this case utterly and altogether inapplicable. Never in the history of the world has there been a case where a large section of the country has been deliberately and against its will thrust out of the community of that State, yet that is what is proposed by the setting up of a Parliament under Clause 1 of this Bill. I ask hon. Members opposite to reflect, while there is still time, on the unspeakable horror and unquestionable disaster that will result in setting up a Parliament in Dublin, and wall put under the domination of that portion of Ireland a very large section of the people who are unalterably determined that, under no circumstances, will they become subordinate to or be dominated by it.

I confess when I heard read from the Chair in warning tones a passage from Erskine May on the law and usage of Parliament—pointing out how on this particular Motion it was not in order to refer to any other Clause of the Bill, and how even it was not in order to refer at any length to Amendments which had not succeeded in finding their way into the Clause—it appeared to me a little difficult to know exactly when one was in order or when out of order. Yet I am sure we all agree with the right hon. and learned Gentleman who began this discussion that Clause 1 is associated with Clause 2, that the two of them together are the most important Clauses in the Bill, and that, in a certain sense, the rest of the Bill might be considered to be the machinery and only intended to give effect to those two Clauses. [HON. MEMBERS: "No, no."] The right hon. and learned Gentleman concluded his speech by saying that he meant to fight all the other Clauses line by line, and that should reassure hon. Members opposite that there is no disposition on the part of the right hon. and learned Gentleman to curtail the Debate. But he did say that both Clause 1 and Clause 2 of this Bill, which are concerned with the setting up in Ireland of a Parliament of the kind described, are of necessity the most important, salient, and dominating features of this particular measure, and, although we have carried the Second Beading, and although the Third Beading is still in the future, there is still enough left in this Clause to enable us to have a very useful discussion.

We have had a Debate on "supremacy." I confess it may be my ignorance or my innocence, but, during the months which I devoted to the framing of this Bill, it never occurred to me for a single moment that this Sub-section (2) would be met by hon. Gentlemen opposite with a Motion for its deletion. I am quite alive to the fact that some of its words might be usefully criticised, and it has been in one important effect amended, and, I think, very much improved. But that hon. Members opposite would have moved the deletion of the Clause not on the ground that it was useless in a legal sense, but that it was a sham and a delusion, and would, therefore, offend their fine sense of the proprieties, never occurred to me, and it has completely taken me by surprise. [HON. MEMBERS: "Why?"] On account of the history of the Clause itself.

That was the language of the Leader of the Opposition in 1893, when the Debate was concluded.

When the Debate was concluded. But we were desirous of framing this Bill in such a way, if possible, as to secure such support as we could from hon. Gentlemen opposite.

If the right hon. Gentleman is alluding to the deletion of the Sub-section, may I point out that I moved an Amendment for inserting the word "subordinate" in the first portion of the Clause, and as a consequential Amendment I moved the omission of the second Sub-section? But, on Mr. Whitley's suggestion that the Debate should be taken on the omission of the Subsection, I gave way. My original intention was to move to insert the word "subordinate," and the consequential Amendment was deleting the Sub-section.

I can only say that the whole course of the Debate has taken me very much by surprise. It may be proof of my innocence, but to find that right hon. Gentlemen opposite were anxious to delete from this Bill altogether this reference to the supremacy of Parliament did surprise me. I must be permitted to say, although no doubt the observation will not be received with very great favour, that I cannot help thinking if we had not inserted some such Sub-section as this, and bad not placed in the forefront of our measure, as its birthmark, this declaration, unnecessary I quite agree, that the Imperial Parliament was to remain supreme, we should have heard from hon. Gentlemen opposite a suggestion that we had left out from the Bill of 1912 something that was in the Bill of 1893, and then it would have been added that it was another case of "toeing the line." I do not think that hon. Members opposite would have been able to resist the temptation to deliver such a speech as I was inventing for them supposing we had done that which, according to the right hon. Gentleman we ought to have done, namely, left the provision out altogether. I should have been very much surprised if we had not heard that argument both in the House and in the country, and I daresay that somebody on the other side, I do not say necessarily a right hon. Gentleman on the Front Bench, would have moved the inclusion of the very words against which complaint has been made. Although we have failed in securing any measure of support from hon. Gentlemen opposite, or in ingratiating ourselves with them, or in convincng them of our good faith and honest intention, nevertheless, being in some degree responsible for the framing of this Bill, I think we did perfectly right in inserting these words to make it absolutely clear that the Parliament we are setting up is a subordinate Parliament, and that the supremacy of the Imperial Parliament remains undiminished over all persons, matters, and things in Ireland. Hon. Members opposite may consider all that as waste paper, but they do so because they assume that this Parliament will prove itself to be a monster—[An HON. MEMBER: "Not at all"]—wholly regardless of the instrument of Government or of the charter which creates it; that it will proceed to work devastation in Ireland; that it will extirpate Protestants; that it will drive them all away, and that it will interfere with and destroy civil and religious liberty.

The hon. and gallant Member, who knows the difficulties of speaking, and who is always listened to at all events by me with perfect courtesy really ought to allow me to proceed. He seems to think that the individual opinion of any particular person, be he cleric or lay, wise or foolish, ignorant or well-instructed in this matter, is conclusive, and that he has only to breathe the word "Horton" and thereupon I am bound to recognise that the result of this Bill will be that after a few years all the Protestants in Ireland will have to give way to their Catholic fellow-countrymen and come over and live amicably and comfortably with us. I say that that is nonsense, and if that is the view of the hon. and gallant Gentleman I cannot characterise it within the limits of Parliamentary language. Many references have been made to the case of Ulster. There again the case of Ulster was somewhat strangely represented in the Committee. I made very careful studies to the best of my ability to ascertain what the views of the people concerned and entitled to speak for Ulster were in the matter. I remember the great impression made on my mind in 1893 by the attitude then taken up by the able leaders of Ulster. I had it well driven into my mind that it was no use whatever to make any suggestion to the people of Ulster that they should stand out from a provision of this sort, because a large majority of them were certain to oppose it. I will not go into the question whether the feeling is as strong now as it was in 1893. It was strong enough then, and it is strong enough now. I fully recognise that. I could not find from any inquiries that I made, or information that I received that there had been any change whatsoever in the feeling of Ulster upon the subject. No Amendment appeared on the Paper, or if it appeared it very soon disappeared. Certainly no authoritative, well-thought-out, considered Amendment of that kind appeared on the Paper; but it was left to an hon. Member on this side to put forward an Amendment which was obviously not drafted with any very great knowledge of the exact position, geographically or otherwise, of Ulster, and which the right hon. and learned Gentleman the senior Member for Trinity College agreed could only be taken as a kind of token vote on the subject. Nor was the course of the Debate of a character to bring home to my mind any conviction that it was the real desire, either of the four counties named in the Amendment, or of any other county forming part of Ulster, to stand out of the Bill. Therefore, there again, I think, I was not mistaken in supposing that no Amendment of that kind would receive support. It did receive a certain measure of support, but not such a measure as it would have received from hon. Members opposite if by the exclusion of Ulster their attitude to the Bill would have undergone any change whatsoever. We have had the expression of opinion of Irish Members upon the subject. Hon. Members opposite are always referring to the hon. Member for Waterford. But there was a remarkable speech by the hon. Member for Cork (Mr. W. O'Brien). The hon. Member is in favour of compromise. I admire his spirit. He is in favour of bringing people together. He is in favour of doing things by arrangement. In all that he adopts a spirit which earns for him, for the moment, the admiration and very often the praise of right hon. Gentlemen on the Front Bench opposite. But I never heard any hon. Member in this House more emphatic than the hon. Member for Cork that this exclusion of Ulster was the one kind of compromise with which he would have no concern or dealings whatsoever. Therefore we have from the Nationalist side of the House, from all sections, a vehement opposition to any exclusion; nor did we have the advantage of any assurance whatever from hon. Members opposite that they see in this way any solution of the question. That brings me to some observations which were made by my right hon. Friend the Secretary of State for Foreign Affairs. Frequent allusion has been made to his speech. The right hon. Gentleman deprecated altogether, as everybody must do, the notion that civil war ought to be considered as a possible solution of these difficulties. He said if that is to be the case some other solution must be found. [HON. MEMBERS: "Hear, hear."] Very well, that was the view put forward by the Foreign Secretary. I certainly closely associate myself with him.

Nobody who advocates Home Rule for Ireland, England, Scotland, or Wales, would for one moment be willing to see it dipped in the blood of the Protestants of Ulster. Civil war, as I have said before, is one of the most terrible things possible. If you force upon any minority whatsoever what they do not want, and the result is civil war, that is bad. It is not the sort of thing that one looks forward to with pleasure. I say, therefore, without in the least degree seeking to minimise the strength and the absolute honesty of the opposition of a large number in Ulster, that civil war is one of those things which can hardly break out until acts have been committed that would seem to give cause for it.

The right hon. Gentleman began with a very good preamble. I am afraid he is now doing what I have asked other Members not to do.

I began, I believe, with a quotation from yourself, Sir, but I will not pursue the subject further. I suppose I broke through the rule of Erskine May and referred to the amendment to the Clause at too great length. I can only say, Mr. Whitley, that I am one of those unfortunate individuals who do not always find it easy to take up the thread of discourse. This Clause, having been amended, is now submitted to the House, and the question is whether or not it shall stand part of the Bill. It establishes—every Home Rule Bill must of necessity establish—an Irish Parliament for purely local Irish affairs. It sets up that Parliament; it establishes it or sets forth the powers which it will have to exercise. The existence of such a Parliament in Ireland no doubt does excite, as we know it has excited, strong feeling on the part of the minority. We are told that the minority is driven almost out of its allegiance to the Throne, and at all events out of the Constitution. [An HON. MEMBER: "Hear, hear."] We do not admit that for a single moment. You are not in our opinion driven out of anything. You are only invited to take a part in the administration of the affairs of your own country. Is it asserted that in no other case has there ever been a minority, whether in Canada, South Africa, or anywhere else, who opposed and objected to the new Constitution? History does not warrant that statement. In Canada there was a very large and a very able minority.

A long time ago. Does the hon. Baronet the Member for Gravesend assert that the Canadian constitution was arrived at by Universal consent?

Many eminent Canadians were strongly opposed alike to the earlier constitution and to the constitution of 1867. It is therefore not true to say that in no case has a constitution—I do not say been forced upon a people—but been accepted by persons who in their judgment thought the scheme to be unadvised, ill-thought out, and unfair. I do not desire to end in any vein of cheerful prognostication, lest it should have a very disagreeable effect upon certain hon. Members opposite. Still, I do believe when this Clause—with the rest of the Bill—gets through, and comes into operation, that it will be found that the fears—I will not say the unreasonable fears, and I am sure the genuine fears—of the Ulster people, that this Parliament will be used for violent and extraordinary purposes, will be found to be mistaken, that the status quo will be observed. They will find, I believe, that though they may dislike the constitution under which they live—[An HOST. MEMBER: "They will not live under it"]—that it preserves both their civil and religious liberties.

This Clause is the operative Clause of the Bill, the rest is machinery. The right hon. Gentleman addressed himself to two points: the supremacy of the Imperial Parliament, and the opposition of Ulster. The supremacy of the Imperial Parliament has been insisted on time and again by hon. Members upon the other side of the House, but when we have asked, from time to time, even if we admit that that supremacy is clearly assured in the words of the Clause which we do not admit, how is it to be enforced, we have never received any answer to that. If the supremacy of the Imperial Parliament is to be worth anything, this question which the Government have dealt with in an off-hand way ought to be answered. What is germane to this Clause and what I think we can discuss without any risk of being called to order, is the relation in which this Irish Parliament is to stand to the Imperial Parliament. That is a matter of immense importance, because we have before us a scheme of a Constitution such as it is impossible to find in the Empire. It is neither Colonial Government, nor a local or federal Government, it is a mongrel Government, unlike any sort of Government of which we know anything. The nearest approach to the scheme of this Parliament is that of a Colonial Parliament, and I think we are entitled to ask, is this a Colonial Parliament, or is it not? What we want to be quite sure about, is its subordination to the Imperial Parliament. We asked again and again for assurances and moved Amendments which would make that subordination clear, as we are assured by right hon. Gentlemen upon the other side that it is clear. We maintain it is not clear. We begin with the words in setting up this Irish Parliament, the King, and two Houses of Parliament. These are the words under which the Parliament of the great Dominions are constituted. They are not the words that describe the Parliaments of the provinces either of Canada or South Africa. It is quite true that they do describe the Parliaments of the States of the Commonwealth of Australia, but we know perfectly well that these States were Self-governing Colonies and that they came into the Commonwealth without sacrificing their old positions. They not only retain in their Parliaments the distinction of being described as constituted of the King and the Houses of Parliament, but they also maintain the independent relations with the Colonial Office, and therefore, the analogy of the States of the Commonwealth does not apply.

The very words the King and the Irish Parliament do suggest an analogy and a very close analogy to Colonial Parliaments. Then we were told that it was quite unnecessary to omit these words, and that they really mean nothing more than a Parliament which would be subordinate to the Imperial Parliament. An Amendment was moved from this side to introduce the word "subordinate," and that Amendment was rejected. Then my hon. Friend moved an Amendment to give the Imperial Parliament power to repeal, suspend, or amend laws made by the Irish Parliament, and the Prime Minister intervened to say that it was wholly unnecessary in view of Clause 41 of the Bill. I maintain that that Clause has nothing whatever to do with the Amendment. Clause 41 of the Bill is simply a reproduction of the Clause in the Colonial Lands Act to the effect that if a law of the Irish Parliament as of the Colonial Parliament conflicts with the Imperial Parliament, the laws of the Colonial or Irish Parliament shall be void. The Imperial Parliament should be able to exercise some influence and supervision over the legislation of the Irish Parliament. A good deal has been said about Ulster, but I think Ulster can take care of itself. Very litle has been said about the probability that Ulster will not fall happily into this new Constitution. Ulster asks to remain within the Constitution of the United Kingdom, and if you drive the loyal population of Ulster outside the Constitution of the United Kingdom you are not entitled to dictate to them under what Constitution they shall live. When we are told that there is some alternative suggested by the Secretary of State for Foreign Affairs, I think we are entitled to ask what that alterna- tive is. What was the plan present in the right hon. Gentleman's mind when he said what he did say on this point? He clearly contemplated some alternative to Ulster being forcibly driven either to armed resistance or to forcible subjection to the domination of a rule which it hates.

We ought to do something to make the subordination of the Irish Parliament to the Imperial Parliament complete. I am surprised to hear it stated by eminent authorities on the opposite side that it was impossible for the Imperial Parliament to divest itself of its sovereignty. It did so in the case of Ireland in the eighteenth century, when not only did we repeal the Declaratory Act, but in deference to the wishes of the Irish an Act of Renunciation was passed, which repudiated all title on the part of the English Parliament to legislative or judicial supremacy, and the Irish Parliament was so free and independent of the English Parliament that it required not merely the Act of Union but a treaty of Union to bring the two nations together. It may be as time goes on that we may have a demand for the renunciation of such supremacy as this Bill proposes to retain for the Imperial Parliament. But there is, as my Noble Friend the Member for Oxford (Lord Hugh Cecil) pointed out, such a thing as moral renunciation and a consequent incapacity to enforce the supremacy. He pointed out with great force that any suggestion for a reduction in the Irish representation was held to be a breach of faith with the Act of Union, and I doubt very much whether any Government would be bold enough to propose any legislation curtailing the independence of any Colonial Legislature. Therefore, it is not merely the actual legal powers which we are abandoning, but we are losing the moral capacity of revising and amending the action of he Irish Parliament. Unless we make it clear, as this Clause does not make it clear, that we do not put the Irish Parliament in the position of a Colonial Parliament, and that we do not abrogate our supremacy, actually or morally, but that we do retain not merely the power of supervision but the right of amendment to the Bill which is now before us in any particular in which we may choose to amend it, then I say we are not merely passing a bad measure, as I believe this to be, but we are putting it out of our power, without something in the nature of a Resolution, to amend the bad measure which this House is now asked to pass.

It is with profound regret that I listened to the answer of the Chief Secretary. The succession of arguments brought before this Committee have up to now gone unanswered except for what I might almost call, if I were to be uncomplimentary, the frivolities, but which I would rather call the puerilities of the Irish Secretary. I do not think I remember since I have been a Member of this House a speech which treated so lightly a matter of so much importance. It will be my duty to vote against this Clause, and I will explain why I am going to do so. The Government have given no explanation on the two most important points which have been discussed, namely, the supremacy of the Imperial Parliament and the question of Ulster. With regard to the question of supremacy I, for one, regret extremely that the Government could not see their way to accept the Amendment giving power to this Imperial Parliament either to repeal or amend any Act of the Irish Parliament. I see no reason why those harmless words should not have been inserted in this Bill. They would have carried out what the Government say is the intention of the Clause, and would have given a valid reason to explain to the man in the street the position the Government take up. That is still unexplained to the man in the street. Hon. Gentlemen may laugh, but they sometimes take too much the view of party in this question. Eight out of ten men in the street look upon this matter as it ought to be looked upon—from the great Imperial point of view, and not from the party point of view. They take the view I am humbly endeavouring to express to the Committee. As regards the question of Ulster, the Chief Secretary for Ireland criticised the Amendment moved by my hon. Friend the Member for the St. Austell Division of Cornwall (Mr. Agar-Robartes) as an Amendment put forward by a private Member. It is somewhat striking that that Amendment which was supposed to occupy only an hour or two occupied three days. To my mind it would have been very seemly instead of leaving it to a private Member to put forward some guidance for the solution of this great question if the Government had condescended to answer the series of questions asked of them as to the explanation of the view which two leading Members of the Government took on the Second Reading Debate, and questions which are absolutely unanswered. We have had no guidance at all from the Government on this matter. The House is absolutely in the dark as to the allusions, which cannot be ignored, on the part of the Secretary of State for Foreign Affairs, the First Lord of the Admiralty, and the Attorney-General. The Chief Secretary just now attempted to ride off and give no direct answer to the question. If the Committee goes to a Division just now it will be as much in the dark as on the Second Reading as to those views of those right hon. Gentlemen. I humbly put forward myself an Amendment to my hon. Friend's Amendment, proposing to deal with the Ulster question in the following way. I proposed that Ulster, once the Bill had become law, should be given the right, by popular vote or otherwise, to declare whether it would stand in or out of the Bill. My own firm belief, which I expressed at the time, is that if Ulster was given the chance of deciding it would acquiesce, and stand in under the Bill. I said that at least-you would never arrive at a right and proper solution of this great question in Ireland, unless you came to an agreement by acquiescence. You will never dominate one party by the other, and if you want a peaceful and permanent solution of this great question you must bring both parties together. You had the lesson of the South African war in which, to a certain extent, neither Boers nor Britons were triumphant and it was a drawn battle, and in which both parties joined honourably. As to Ulster and the rest of Ireland I think the only way to achieve success is by drawing in Ulster by agreement of its own accord. If you give Ulster, as I maintain you should, the chance of declaring by popular vote or otherwise whether it would come in, I think that if not the first time, anyhow the second time it would come in and work in smoothness and in harmony in carrying out the purposes of this Bill. Some solution was put forward by a private Member. That is more than the Government has done in this matter. Where I find fault with the way in which the Committee has treated the matter is that, instead of looking upon the question as a great Imperial question they have treated it with a sense of obligation and a sense of party. I, for one, do not intend to have a solution of a great Imperial question dictated to me by any one section, or any one party. What happened on the Second Reading Debate? I heard the first three speeches. First, I heard the Prime Minister speak entirely from the Liberal party's point of view. Next, I heard the hon. and learned Member for Waterford (Mr. John Redmond) speak entirely from the Nationalist point of view. Thirdly, I heard the Leader of the Labour party—a former Secretary of the Scottish Home Rule Association; he began his career in that way. What was his attitude as an Irish Home Ruler? He did not welcome Irish Home Rule mainly as a solution of a great Imperial problem, and the creation of a great Imperial Parliament. His great idea was this: he looked forward to the Irish vote being liberated in order to in crease the number of the Labour party. That was his main object. He looked for ward to the Irish vote in Great Britain, being liberated so that it might be added to the already large Labour vote. I say that these three speeches of the Leader of the Liberal Government, the Leader of the Nationalist party—

We really cannot undertake to review the speeches made on the First and Second Reading of the Bill at this stage. The hon. Member must confine himself to the question of this particular Clause as amended.

I bow to your ruling, Mr. Whitley. This Clause is the crux and essence of the Bill. The attitude of the House towards the Bill is not taken up from the highest point of view, but from a party point of view. It is the greatest constitutional question that has been before this country for many generations, and it is being treated from a narrow, small, and undignified point of view. For myself, I have always looked upon this question as the greatest Imperial question with which the country has ever been faced, and I find myself most reluctantly compelled to vote against the Clause.

I have listened to the speech of the hon. Member (Mr. Pirie) with great interest. I have always listened to him before. I remember his speeches, which were received with quite as much disapprobation from those who now sit on this side of the Committee, when the hon. Member used to take a very extreme Radical line in the Debates during the South African War, and on the War Office, which followed the war. He was in those days a very severe critic of hon. Members who now sit on this side of the Chair, and he was right, because he was a very strong Radical. He has made a protest against the exigencies of a party system when applied to a great question, such as is now before the Committee, the question that this Clause stand part of the Bill. He says that ninety-nine men out of one hundred in this House will decide their votes on this question by clearly party considerations. But it is important to say that though votes will be given in this House on party considerations, it is, of course, a truism, but it is necessary to say that the realities of the situation remain quite unchanged. We shall all vote Aye or No influenced by considerations that do influence Members of Parliament, but the facts of the situation will remain. For example, it will remain a fact in the situation that this Clause sets up an Irish Parliament. It therefore establishes a machinery which so far as I know, has never failed to express a national aspiration, when it has been founded upon a national aspiration, in such a form as to lead to total independence or separation, or, at any rate, in that direction. It has never failed to lead to great disorder and great discord and great unrest. What the Government are doing in this Clause is to violate all human experience, so far as we have it, upon this subject. They have given up, if they ever maintained, the pretence that what they are really doing is the same thing as has been done in respect to the Colonies. It is perfectly clear that the Irish Parliament is a different case altogether, different in every respect; different because of the immense inter-connection between Great Britain and Ireland; different because of the circumstances of the minority in Ireland; different because the Irish claim is made a national claim; whereas the claim in respect to South Africa, Canada, or Australia, was on quite different lines.

Therefore the Government are doing a thing in this Clause which is against experience. Experience is in fact a liar if this Clause should end in anything but disorder and discord. The Chief Secretary made so genial and attractive a speech that I hesitate to criticise it. He is so attractive a speaker to me that I feel quite taken away from the realities of the situation into the delightful world in which his literary sense enables him to live. But though he was extremely genial with me when I interrupted him, I do not think he answered my question. It certainly seemed to me that the Government are, by their own account, going blindfold into an indisputable difficulty. I do not understand that the right hon. Gentleman contests the fact that the North-Eastern counties of Ireland are profoundly opposed to this Clause and to the Parliament that it would set up. He fully admits in the widest terms the genuineness of the opposition. I do not know whether he contests, I do not think he dealt with it, the reality of their intention to resist the Clause. He says truly that civil war is a great evil and we ought not lightly to contemplate it. But we ought to contemplate seriously the facts of life, and if it be a fact that the people of North-East Ulster will not yield to the Parliament you are going to set up except under coercion, it is silly not to recognise the facts of the case. The reality of the case is that we have the Members for the North-Eastern parts of Ireland saying their constituents are going to resist this Parliament. The Government do not deny that it may be true, but they have no remedy. The right hon. Gentleman (Sir E. Grey) and the right hon. Gentleman (Mr. Churchill) seemed to indicate that there was, but no remedy has come out in Committee. It was hinted at, but it never became a material thing. Actually during the discussion in Committee a new argument has been given to the Opposition—an argument which previously was not there—in regard to the matter of the separate treatment of Ulster. An Amendment which, if carried, would have been fatal to this Clause—an Amendment to exclude Ulster—was only rejected by Nationalist votes. The Prime Minister next night said he thought there was no inconsistency in his previous declaration, because there was a British majority in favour of the course the Government had taken. I have the relevant part of his speech here. I have looked up the whole of the speech, and there is not a word in it about a British majority, so that the elaborate explanation he gave us was wholly unfounded. When we listen to the Home Secretary on other topics and to the Prime Minister explaining his past utterances on Home Rule, we are led to wonder whether we are standing on our heads or our heels, because these is no correspondency between the facts of the case and the explanations they offer. As the Chief Secretary said in answer to a question to-day, there is no relation between the actual facts of the case and the statement which has been made. The crucial words which the Prime Minister used when addressing his constituents at Ladybank related clearly to the independence of the Liberal party over the Nationalist party. He said:—

Mr. EUGENE WASON rose—

Perhaps the hon. Gentleman did not follow my argument. It is this: We ought not to allow this Clause to stand part of the Bill, because during the Debates on the Clause a new fact has arisen which shows that the Clause depends upon purely Nationalist support, and that that is precisely the thing on which the Prime Minister said it did not depend. He said:—

"But, gentlemen, there must be reciprocity in these matters. If the Irish party is free and independent, so, I venture to claim, is the Liberal party. I have for some time held the opinion which I have expressed to you, my constituents, before now, that the Liberal party ought not to assume the responsibilities of government,"

like the proposing of this Clause, for example,

"unless you can rely upon an independent Liberal majority in the House of Commons."

It is quite clear that you cannot rely upon an independent Liberal majority in the House of Commons. The Prime Minister would have been in a minority if the Nationalist Members had not voted with him. On the question of the exclusion of Ulster the majority would have been against him.

I do not think the Noble Lord can go into a detail of this kind when the question before the Committee is that the Clause stand part of the Bill.

I was arguing against the Clause because a new fact has arisen during the discussions on the Clause which makes it improper that it should stand part of the Bill. If the Prime Minister takes part in the Debate before it closes perhaps he will give some explanation—though it appears to me hardly possible—of the difficulty in which he now finds himself. It is perfectly plain that this Clause is to be carried merely by virtue of Nationalist support. We should never have come to this question, "That the Clause stand part of the Bill," but for Nationalist votes. I think that is a very grave matter. I am quite aware that it is necessary to emphasise that this is in no sense a treaty between the countries, but beyond that it is a matter which requires to have behind it great moral support. That means that it should have England and Scotland behind it. Has it their moral support?

How can you hope to escape the resistance for which the Chief Secretary confesses he has no solution, a resistance which will evidently find the Government helpless to cope with it? If they have any resource, let them say what it is. So far they have disclosed no resource whatever. Is not the hon. Member justified in saying that the Government ought to take us into their confidence, if, indeed, there is anything to disclose? If in the mind of the Government there is nothing, they are quite right to say nothing; but if they have any plan in reserve, they ought to tell us what it is before they make this Clause part of the Bill. We ought to know what the country is embarking on when we put this Clause in the Bill, because, as the right hon. Gentleman said, civil war is a grave matter. How are they going to get out of the difficulty, or how escape the resistance which they challenge in the most provocative manner possible by enforcing this Clause? They rely solely on those people whom the people of Ulster regard as most bitter, dangerous, and criminal opponents. Because the Nationalist party do not occupy the position of an ordinary political party. They have behind them a past of a most terrible character. They have been judicially convicted of encouraging an elaborate system of intimidation, a system which led to murder and outrage—[HON. MEMBEBS: "Forgery!"]—murder is a thing that even modern Liberals will not laugh at—they are associated with what has been judicially called the cruelty of an all pervading tyranny, and in virtue of the votes of that party, in some cases the individuals and in all other cases the successors of those who were so stamped, the Government are going to set up an Irish Parliament in this Clause to which they expect Ulster will tamely submit. She will never submit, and she will have in her resistance the approval, the support, and the assistance of all those who value the principles of liberty or have any regard to those of justice.

The Debate in which we are now engaged is one of very serious consequences, both for this country and for Ireland, because nobody can deny that however important other Clauses of the Bill may be the Clause that proposes to set up a Parliament in Ireland in the circumstances which have been disclosed in the Debates in Committee is one that must have most far-reaching consequences in the future peace and future settlement of Ireland. The first matter to which I should like to refer is the position in which we now stand after the Committee proceedings in relation to the question of the exclusion of the North-East portion of Ulster. We have over and over again asked the Government to give some explanation of the hopes of a settlement, a settlement satisfactory to all parties in Ireland, which were thrown out by the First Lord of the Admiralty and the Secretary of State for Foreign Affairs.

We have raised that point in the course of the Committee, and we have raised that point this evening. I must say, and I think a great many Members of this House will agree with me, that, having regard to the importance of the question, we have been treated with the most scant courtesy by both the First Lord of the Admiralty and by the Secretary of State for Foreign Affairs. Why could not they be here? Have they any right to come in here, upon the Second Reading of this Bill, and throw out, apparently with sincerity something which had been considered by them and the other Members of the Cabinet, and to raise false hopes in reference to this matter, one after the other, on successive days upon which they spoke, and, when Members respectfully ask from time to time that they should come in and tell us what they meant, or whether they meant nothing, they absolutely refuse to come in here during the Debates upon this Bill. I am bound to say that I believe they have done so purposely for this reason, because in the course of these Debates the hon. and learned Member for Waterford (Mr. John Redmond) who, when he first spoke on this subject on the introduction of the Bill, asked questions as to whether we accepted this solution, or what we wanted, refused to tell us whether that was a sincere and firm offer; and he has since declared, as did another Member below the Gangway, that under no circumstances will his party submit to separate treatment for Ulster. Now we know, I think, why the First Lord of the Admiralty and the Secretary for Foreign Affairs will not come here. They dare not come here. The Prime Minister smiles at that. May I ask him why they are not here? After all, it must be admitted that the question we are discussing in relation to this matter is the question of forcing a Government upon a people against their will. It comes to that. Is that too trivial a matter for the First Lord of the Admiralty and the Secretary for Foreign Affairs? And now we stand in this position: After a discussion of this first Clause and after various. Amendments that have been put forward, and notwithstanding the hopes held out by these right hon. Gentlemen, the Government apparently have now said their last, word and have made their last announcement to Ulster: "We tell you boldly and openly that the only thing we have left for us to do is to force upon you against your will a Constitution which we say is to be for the general peace of Ireland." Some hon. Members have spoken of the threats of the people of Ulster not to accept the Parliament—

And, it being Eleven of the Clock, the Chairman left the Chair to make his report, to the House.

Committee report Progress; to sit again to-morrow (Wednesday).

Elementary School Teachers (Superannuation)

Committee to consider of making further provision for the payment out of moneys to be provided by Parliament, of Superannuation and other Annuities and Allowances to Elementary School Teachers certificated by the Education Department. (King's Recommendation signified.) Tomorrow (Wednesday).—[ Mr. Joseph Pease .]

Disturbance at Castledawson (County Londonderry)

Motion made, and Question proposed,. "That this House do now adjourn."—[ Mr. Gulland .

I rise for the purpose of calling attention to an incident which occurred in Ireland on Saturday last—an occurrence of a grave nature both in itself and in its signification. Some hon. Gentlemen below the Gangway opposite seemed, at Question Time, to see in it something of a humorous nature. I can only say I hope that, on reflection, they will agree with me there is nothing either homorous or amusing in a wanton and unprovoked attack on defenceless women and children. One has only to-read the Press to-night to see the effect the incident is having in Ireland. Possibly the reason for the laughter was that hon. Members thought it was one of the ordinary faction fights that take place from time to time in Ireland. It was nothing of the kind. It was one of the most unprovoked assaults ever heard of, and I think we are entitled to press the Government for a further explanation. What are the circumstances of the case? On Saturday last the members of the Whitehouse (Belfast) Presbyterian Sunday School made an excursion to Castledawson, in county Londonderry. The party consisted of some 500 children, a small number of their parents, their teachers, and two ministers of religion, the Rev. Mr. Barran and the Rev. Mr. Johnstone. They went by rail to Castledawson, and in a field half a mile from the railway station they had tea, sports and games—a kind of entertainment with which Members on both sides are familiar, and at which doubtless many have officiated as judges or prize-givers in their constituencies. At the conclusion of the entertainment the party proceeded to the station to catch the 6.15 train back to Belfast. They had proceeded a short distance when they met a party of 350 or 400 members of the Ancient Order of Hibernians, men in the prime of life, mainly of the labouring class, who apparently had been taking part in some demonstration of their own. The school procession consisted of, first, the band of the boys, then the infant school, the older children, and teachers. It was in no sense an Orange procession. It had no connection whatever with the Orange party. No Orange emblem was being carried. The only emblems in the procession—and that was the greatest crime of all—was a Union Jack and the banner of the Whitehouse Sunday school. I will describe what happened in the words of the Presbyterian Minister, Mr. Barran, whose words are entitled to consideration. After saying that they met this procession of Ancient Hibernians, who marched along taking up most of the road, he says:—

"No sooner had I spoken to the children than they all moved to the right hand side of the road. When we came opposite the approaching procession I was walking close beside the band. The whole of the party kept very near the side of the road, when one of the men made a leap at the middle of the band and grasped the Union Jack that was being carried by a small boy—the only Union Jack in the procession. There were many small flags with texts upon them, while immediately behind were the older boys, who were carrying Sunday school banners on which was the name of the Whitehouse Presbyterian Sunday School."

I ask any hon. Member if he sees anything very provocative in small boys carrying flags like that? Apparently it was the Union Jack that first attracted their attention, and it was that upon which was made the first savage attack.

"… Of course the children became frightened; our ranks were rushed, and an attack on the Union Jack was made by the Hibernians, who rushed in and in a moment were amongst the children with pikes and other weapons, scattering them right and left. They also used bludgeons and threw stones. Our young men behaved heroically. They tried their best to hold the banners. There were very few police. I do not think more than half-a-dozen. They did what they could to separate the Hibernians from our ranks. We did our best to get our children out of the melee. I exerted myself as well as I could. Some Protestant young men passing realising our desperate situation, their numbers increasing as the minutes went by. Parents, too, tried to divert the attention of the attackers. Many of our people have been stabbed with pikes—women and children mainly—many of their faces being cut. In the struggle for the banner and flags, one of our young men was stabbed right through the hand."

What was the crime that had been committed by these people? The awful crime in the eyes of hon. Members below the Gangway and their supporters, was that of carrying the Union Jack—the national flag of their own country! I can only say if such an attack had been made in any other country; if this had occurred in democratic France—if the tri-colour had been insulted; that insult would have secured for the perpetrator five years' penal servitude. But in Ireland so common are these occurrences that no notice is taken of them. Hon. Members below the Gangway encourage this sort of thing. It is no wonder when a man does not respect the flag of his own country that he does not respect anything else.

"The struggle lasted for a considerable time, and so terrified were the children that many of them fled as far as a mile from the scene, where, cowed and terrified, they crouched under ditches and hedges. Several are seriously ill as a result of what has taken place. Many others will carry the scars of the struggle—of this wanton attack—to their dying day."

If anyone thinks that those connected with the procession were wishful to excite class or faction feeling in Ireland, let me say that on the next occasion when Mr. Barron addressed his congregation on the following Sunday, he said:—

"My only desire now is that we should not talk too much about this outrage in order that we shall not have any local ill-feeling between Protestants and Catholics, and I ask you people to forget it as soon as possible."

Yes, his people may forget it, but there are many on these benches who will take care that the people of this country in the next few years will not forget the way in which the allies of the Government carry out the principle of religious toleration in Ireland. I desire further to say—I am sure not deliberately—that both the answer of the Chief Secretary and the interpolation of the hon. Member (Mr. Dillon) who asked a question to-day, were very misleading, because they had reference, not to what took place in this disgraceful attack, but to what had been the inevitable result of the attack. There are many Protestants in this place, and the inevitable result was that many Protestant men rushed after about twenty minutes to the assistance of this party, and while it is quite true that in Ireland where two parties are collected together, there is always plenty of inflammable material lying close at hand. I say there is not a village in England where, if an assault of this kind were made, the people would not rise up and, in plain language, give these people a jolly good hiding, the police came up afterwards. There are only some six policemen in the place, and they had the greatest difficulty in separating the crowds, and eventually they had to use their bayonets to put an end to a very serious riot, which might have caused loss of life arising out of this unjustifiable assault. I am not concerned with what took place afterwards, but I am concerned with the attack itself which took place. As I said at the commencement of my speech, I think this is important, not only from the point of view of the injury done to these children, but because it is symbolical of what is going on all over Ireland, and the most symbolical thing was the answer of the Chief Secretary to-day. It is a commonplace of our political discussions that never throughout Great Britain was the Executive Government weaker than it is at the present time in putting down disorder and preventing crime, but in no place is it so manifest as in Ireland under the regime of the right hon. Gentleman the Chief Secretary. The weakness of the Executive Government in Ireland during the last six years will be a lasting discredit, not only to the Government, but most of all to the right hon. Gentleman. The usual reply was given at question time to-day that no arrests had been made. No arrests ever are made when the Nationalists are the aggressors. Of course, if arrests were made, see the effect it would have in the country when you are trying to pass Home Rule. See the effect there would be in arresting one hundred men for making an attack upon a small boy for carrying the Union Jack. I can only say in conclusion that I pity the frame of mind of any right hon. Gentleman who keeps his party in office by allowing to go unpunished dastardly attacks of this kind upon defenceless women and children which might have resulted in loss of life and which have resulted in inflicting lasting injuries upon defenceless people.

I am sure the House as a whole will hear with pleasure that several persons who took part in this affair had been identified by the police and that prosecutions will follow. The true facts of this case will, therefore, be brought out in a court of justice. I rejoice to say that I have here a full report from the Deputy Inspector and that is all I know about this occurrence. It is all I could know, because it was absolutely unanticipated. The opportunity was purely accidental in its origin, and therefore until I obtained this information I knew nothing about it. Some of this information I have already given, and this is the report:—

"I beg to report that on the 29th inst. a Presbyterian Sunday school excursion party, numbering 500, and largely composed of women and children and accompanied by a band, came from Whitehouse, county Antrim, to Castledawson, about a quarter to twelve before noon. They were timed to leave Castledawson at six o'clock Four Ancient Order of Hibernians bands, with followers, numbering about 300, were timed to arrive at about half-past four on their way back from a demonstration. They did not, however, arrive until about half-past five. The local sergeant feared a collision might arise if they met the Sunday school excursion party on their way from the railway station."

[Laughter.] If you will allow me, this is not my document.

"He advised the leaders of the Ancient Order of Hibernians to keep to their own side of the road. The local police, consisting of a sergeant, three constables, and ah extra force of six men, endeavoured to supervise the passage of the two parties. One, William Craig, suddenly dashed into the excursion party and a general row then ensued. The excursion party were thrown into confusion, and the sergeant pushed Craig back and was struck by several of the Ancient Order of Hibernians. Some of the Ancient Order of Hibernians pulled away a blue banner which was being tarried by the excursion party. The police restored it to the excursionists. The police did their best to separate both parties. Stones were being thrown on both sides. Some of the local Protestant party came to the assistance of the excursionists. The police got between them and endeavoured to keep them at a distance. A sergeant was knocked down, and got a kick. An acting-sergeant was struck in the stomach by a stone from the Protestant side."

[Laughter.] I do not see anything to laugh at. I see no reason why hon. Members should laugh and then accuse me of treating a matter of this kind as if it were a joke.

"He was incapacitated for a few minutes and had to retire to the barracks. At this time as matters seemed more threatening—some of the Protestant party had pitchforks and sticks—the senior local constable feared the conflict would be renewed and directed two constables to bring up their rifles and fix swords, doing the same thing himself. They warned both parties to disperse. Both parties then slowly retired. The Protestant party going towards the railway station and the others going home The excursionists then left. I am making inquiries at Castledawson to-day into the whole matter."

That is the whole state of the facts as I know them. I am very glad to think that the full circumstances and everything may be, and I hope will be, thrashed out in a Court of Law.

I am not one of those who want to make any attack on the Chief Secretary over this particular matter, but I think he ought in general and in reference to all matters to have exercised very much stricter supervision, and have seen that matters of this kind were put down. This is in my own Constituency, and the people there are of the most orderly, quiet, and well disposed character. We have had through that part of County Derry those gentlemen who are connected with, the Ancient Order of Hibernians coming there from time to time creating the greatest disturbances. I hold in my hand a letter written by the Rector of that very district where, on the previous day, Friday, a Sunday-school party passing along quietly and without any disorder were attacked, shots were fired by the Ancient Order of Hibernians and the children and people who were there were put in fear of their lives. I was shown myself where last year from a train opposite the works of most respectable people in that constituency with one of the owners and their men standing in front, they were fired at by revolvers by those men, and I was shown where the revolver shots had splattered on the walls the year before that. Before that I was taken to see the house of a most respectable hard-working man whose windows had been shattered, and the slates on the roof of whose house were broken, and I had the county inspector down to see it. It was all done by the Ancient Order of Hibernians. Those are the gentlemen who are a friendly society approved of by the Insurance Commissioners, led and championed by the hon. Member for West Belfast (Mr. Devlin). I know my Constituency. I have represented it now for twelve years, and that is the source of disturbance and all rioting that ever occurs in county Derry. They go to their meetings, and they cannot go home like ordinary orderly citizens, but they must fire shots either out of the train or on the public highway. They must throw stones and break windows, and now they have begun to attack defenceless women and children. In my opinion, the situation is intolerable. I am glad to find the police are doing their duty and are arresting men for this. I hope they will be tried and that there will be the fullest inquiry. It is too much to occur, as I have known it to occur, where an emblem of loyalty is displayed either from a house or by a number of children, or by any other people in the constituency that they should be attacked by these Hibernians who are to be the loyalist governors.

Question put, and agreed to.

Adjourned at Twenty-nine minutes after Eleven o'clock.