Skip to main content

Commons Chamber

Volume 40: debated on Wednesday 3 July 1912

House of Commons

Wednesday, July 3, 1912

Private Business

Australian Agricultural Company Bill [ Lords ],

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

Great Central Railway Bill [ Lords ],

As amended, to be considered Tomorrow.

London County Council (Finance) Bill,

London County Council (General Powers) Bill,

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

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

Consideration, as amended, deferred till To-morrow, at a quarter-past Eight of the Clock.

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

Read a second time, and committed.

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

Sea Fisheries (Conway) Provisional Order Bill,

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

Brighton Corporation Bill [ Lords ],

Hove Corporation Bill [ Lords ],

Reported, with Amendments; Reports to lie upon the Table, and to be printed.

Message from the Lords

That they have agreed to:

Tavistock Urban District Council Bill,

Scunthorpe Urban District Water Bill,

Port of London Authority Bill,

Belfast Water Bill, with Amendments.

Amendments to—

Stockport Corporation Bill [ Lords ], without Amendment.

That they have passed a Bill, intituled, "An Act to convert the preferred stock of the London Trust Company, Limited, and to increase its paid-up capital, to authorise the issue of further capital, and for other purposes." [London Trust Company Bill [ Lords. ]

London Trust Company Bill [ Lords ],

Read the first time; and referred to the Examiners of Petitions for Private Bills.

TREATY SERIES (No. 16, 1912)

Copy presented of Agreement between the United Kingdom and Portugal respecting the boundary between British and (Portuguese Possessions North and South of the Zambesi. London, 21st Map) [by Command]; to lie upon the October to 20th November, 1911 (with Table).

PERSIA (No. 5, 1912)

Copy presented of Further Correspondence respecting the Affairs of Persia [by Command]; to lie upon the Table.

Customs Waterguard Service and the Customs Watchers

Copy presented of Report of the Committee on the Customs Waterguard Service and the Customs Watchers [by Command] to lie upon the Table.

Colonial Reports (Annual.)

Copy presented of Report No. 716 (Ceylon, Report for 1910–11) [by Command]; to lie upon the Table.

Crown Agents for the Colonies

Copy presented of Accounts of the Crown Agents' Office Funds for 1911 [by Command]; to lie upon the Table.

University of St. Andrews

Copy presented of Annual Statistical Report by the University Court of the University of St. Andrews for 1910–11 [by Act]; to lie upon the Table, and to be printed.

Copy presented of Abstract of Accounts of the University of St. Andrews for the year 1910–11 [by Act]; to lie upon the Table, and to be printed.

Board of Agriculture and Fisheries

Copy presented of Annual Report of Proceedings under the Acts relating to Sea Fisheries for the year 1911 [by Command]; to lie upon the Table.

Employment of Children Bill

Reported, with Amendments, from Standing Committee A.

Report to lie upon the Table, and to be printed.

Minutes of the Proceedings of the Standing Committee to be printed.

Bill, as amended (in the Standing Committee), to be taken into consideration To-morrow, and to be printed.

Public Petitions Committee

Second Report brought up, and read; to lie upon the Table, and to be printed.

Oral Answers to Questions

Royal Navy

Battleships in Commission

asked the First Lord of the Admiralty whether the number of British battleships in full commission at the end of 1904 was thirty-three; whether the number now in full commission is twenty-seven; and what are the corresponding figures in the case of Germany?

The answers to the first and second parts of the question are in the affirmative. As regards the third part, there were fifteen German battleships in commission on 31st December, 1904, and nineteen at present.

Will the right hon. Gentleman be kind enough to look through the Navy List and then he will obtain fur then information. He is counting, when he speaks of fifteen—

In regard to the fifteen battleships, I presume that the right hon. Gentleman is including—

May I try once again. I am always sorry if I am at all disorderly, and I apologise to you, Mr. Speaker, and the House. Is the right hon. Gentleman including in those fifteen battleships four under 4,000 tons, employed exclusively for coast protection?

The hon. Member had better put down a further question. There were fifteen battleships in full commission on 31st December, 1904.

Protected Cruisers (Mediterranean Station)

asked whether the right hon. Gentleman will state the names, displacemnts, and dates of launch of the protected cruisers remaining on the Mediterranean station?

Does the right hon. Gentleman consider that it is any practical use including in those battleships ships over a certain age and which the Germans exclude from their Navy?

The hon. Member asks for certain facts, and he has got them. If he wants anything more he must put down a question.

Cruisers and Battleships

asked whether the number of battleships in full commission is twenty-seven and the number of protected cruisers, attached to the four battle squadrons is seven; and, if so, whether he can assure the House that this proportion of one cruiser to every four battleships fulfils the requirements of the Sea Lords of the Admiralty and of the officers in command of the squadrons?

The figures given by the hon. Member are correct. The numbers of ships of the various classes that are maintained in permanent commission is decided by the Board of Admiralty. As I informed the Noble Lord the Member for Portsmouth on Monday, I am not prepared to discuss the proportion of the various classes in answer to a question.

Is it not a fact that the proportion of the various classes is less than it ought to be owing to the shortage of men?

As I have already said, I am not prepared to discuss the proportion of the various classes in answer to a question.

British and French Navies (Active Lists)

asked if the right hon. Gentleman will give the number of officers and men added to the active lists of the British and German navies, respectively, between 1904 and 1912?

In the case of Great Britain the numbers voted for 1904–05 and 1911–12 were 131,100 and 134,000 respectively. In the case of Germany the corresponding figures are 38,128 and 60,805.

Mulcts for Leave-Breaking

asked if the right hon. Gentleman will give the total amounts, respectively, that have accrued to the Admiralty during the past five years from mulcts for leave-breaking in the Navy from sale of dead and run men's effects, and from profits on sale of clothing, tobacco, and soap and provisions?

Mulcts for leave-breaking are not separately distinguished and I am afraid that I cannot therefore give the information asked in this case. In the five years 1906–7 to 1910–11 the amounts brought to account under the heading of the sale of effects forfeited by desertion amounted to £2,939. The proceeds of the sale of dead men's effects are of course paid over to their legal representatives wherever possible. Any amounts outstanding after the lapse of a certain period are paid over to Greenwich Hospital funds. With regard to the sales of clothing, tobacco, soap, provisions and so on, the Admiralty does not aim at making a profit on stores sold to the seamen. Generally, the selling price is fixed at the actual cost price plus a small percentage addition to cover expenses of packages, handling, etc. It is true there is a profit on tobacco, but this is probably more than balanced by the fact that on other stores the percentage addition to the actual cost price does not cover incidental expenses.

Are we to understand that all profits arising out of the amounts paid to the Admiralty in this connection are held over for pensions?

With regard to the sale of stores, taking the whole, it is doubtful whether there is any profit at all. The sums handed over to the Greenwich Hospital are the effects of dead men in cases where we cannot get any representatives after the lapse of time, and the amounts forfeited by desertion are used as Appropriations-in-Aid.

Will the right hon. Gentleman say what is the total amount of the mulcts?

I have said already that they are not distinguished separately, and I am sorry I cannot give them.

Royal Dockyards (Petitions)

asked if the right hon. Gentleman can now state when the answers will be given to the petitions from the Royal dockyards?

Is the right hon. Gentleman aware that I have asked this question on many occasions, and that in reply to my more recent question he said that a reply would be given as early as possible after Whitsuntide? Does the right hon. Gentleman still adhere to that assertion?

Yes, I am aware that the hon. and gallant Member has asked this question several times. We are doing our best to expedite the answers. This is a matter not entirely in our hands, because there are other Departments concerned. It is perfectly true that I said they will be issued after Whitsuntide, and so they will.

Will the right hon. Gentleman specify the Departments I should apply to for an answer in the future?

As I have already said, the matter is not one for which we are entirely responsible. I am doing all I can to expedite matters.

Parliamentary Visit to Fleet

asked the First Lord of the Admiralty whether, to afford Members of the Legislature the opportunity of personally testing the sufficiency and suitability of the food now supplied to the men of the Royal Navy, he will, on the occasion of the Naval Review on 9th July, provide each of such Members attending the review with nothing beyond a seaman's ration for the day?

If I may say so, I think the idea a good one, but I fear that, in view of the arrangements already made, it would not now be practicable to carry it into effect. Hon. Gentlemen who take the opportunity of going on board one of His Majesty's ships on the occasion of the Review will doubtless be able to investigate the quality of the food supplied, or, if the hon. Member prefers it, I shall be glad to give him facilities for visiting one of the Royal Naval Barracks for the purpose.

Are we to understand that the food is not to be supplied by the Admiralty but by Lyons and Co.?

Are we to understand we are to test the food and try a tot of rum ourselves?

If hon. Members desire to test the character and quality of the food, they will be offered facilities. With regard to the rum, I cannot give any promise.

Mr. YERBURGH rose—

I would remind hon. Members there, are over 100 questions, and, if we spend so much time on supplementaries, we shall not get half through them.

asked the First Lord of the Admiralty if he can give any information as to the Naval Review to be held on the 9th July, and if he can state the amount, if any, to be paid by each Member of this House attending the Review, or if each Member is to be given a free railway pass as well as a free ship and free meals; the number of pressmen invited, the number of pressmen on each ship, and the period they are to stay aboard; and the reason for these frequent naval reviews and the object of inviting Members of this House to attend these reviews?

The programme for the official visit of Members of both Houses of Parliament to the Fleet is with the printers, and will be issued to Members almost immediately. I may state, for the convenience of Members, that special trains will leave Waterloo at 8.50 a.m., and that on the return journey special trains will leave Southampton at 8 p.m., arriving at Waterloo about 10.15 p.m. In the course of the visit Members will have an opportunity of visiting any one of six of the most recently built battleships or battle cruisers, and also of seeing some work by aeroplanes, submarines, and destroyers. The invitation addressed to each Member may be accepted without putting him to any expense. Invitations have been issued to about 130 representatives of the Press. They will be accommodated for the day in a special vessel, and will remain on board for a few hours. This arrangement must not be confused with the invitation which has been given to representatives of the Press to spend about a week on board His Majesty's ships before the manœuvres, and incidentally to witness the assemblage and dispersal of the Fleet. About twenty of these latter may therefore be present, distributed over as many ships. In reply to the last part of the question, I can only repeat what was stated by the First Lord on the 12th June, in answer to the hon. Member for Carlisle, namely, that it is desirable that Members of both Houses of Parliament should have opportunities from time to time of visiting the Fleets, over whose interests they watch and for whose maintenance they provide.

The 130 Pressmen will have luncheon and tea provided for them on a special vessel.

Is the right hon. Gentleman aware that only one luncheon is provided for Members of Parliament, while two dinners are provided?

Certainly not. Members of Parliament will be entitled to have one luncheon, tea, and dinner.

asked whether this House will sit on Tuesday, 9th July, the date of the Spithead Review, as many Members cannot decide whether they can attend the Review or not until this question is answered?

:I am still making inquiries, and will make a definite statement on this subject tomorrow.

Admiralty Contract (Fair-Wages Clause)

asked the Frst Lord of the Admiralty whether he has received a complaint against the firm of Beardmore and Company, Dalmuir, for discharging a number of men who refused to take part in the cleaning of tubes on His Majesty's Ship "Conqueror" unless they were paid the recognised rate of 8d. an hour; and whether he is making inquiry into the matter under the Fair-Wages Clause?

A complaint has been received this week, and the matter will be investigated forthwith.

H.M.S. "Thunderer."

asked the First Lord of the Admiralty if he has any information respecting a narrowly averted disaster on board His Majesty's ship "Thunderer," in connection with the dropping of a fully charged shell into the magazine?

I have read the statements in the newspapers on this matter. There is a question on the same subject on the Paper to-morrow, when I hope to be in possession of the facts.

Colonial Contributions

asked the contributions made to the Imperial Navy and the annual value of their sea-borne commerce in the case of the Union of South Africa and the Dominion of New Zealand, respectively?

The annual contributions of the Union of South Africa and of New Zealand are £85,000 and £100,000, respectively. The value of their imports and exports were as follows:

Questions

Death Duties

asked the Secretary of State for Foreign Affairs whether, under the agreement of 15th November, 1907, between the United Kingdom and France respecting Death Duties, the question as to whether a person is domiciled in France is decided by His Majesty's Government or by the French Government; and whether French law or English law as to domicile is applicable?

My right hon. Friend the Financial Secretary to the Treasury has asked me to reply to this question. Where in an English affidavit it is claimed that the deceased was domiciled in France the case is notified to the French Government, and it is understood that the French Government act upon similar lines. English law as to domicile is applicable in England and French law in France: that is to say, a person would not be considered in this country as domiciled in France unless he had intention permanently to reside there, nor would a person be considered in France as domiciled in this country unless his principal residence was here.

Is the hon. Gentleman in a position to state whether these questions of domicile and nationality are, as he seemed to indicate, to be settled by the Treasury and not by the Foreign Office?

The original agreement was made by the Inland Revenue Office, and I think they are the people to go into these questions with the French Government.

Do the Inland Revenue Office communicate direct to the French Government and not through the Foreign Office?

No, but naturally they are the people to institute inquiries as to questions of domicile.

Chinese Loan

asked the Secretary of State for Foreign Affairs whether he still affirms that the Chinese Government wants to borrow £60,000,000 sterling, and, if so, upon what theory does he explain the fact that the Chinese Government have hitherto resisted all pressure to have this sum, for which they have no immediate need, forced upon them, and is being supported in this refusal by the Minister representing the United States of America; and whether he will make further inquiries from independent sources, and, if he finds that the utmost sum asked for by the Chinese Government is £10,000,000, whether he will join with the American Minister in protecting the Chinese people from the usury-making designs of a ring of European financiers?

As I have already explained, the initiative in the matter of loans has rested throughout, and now rests entirely, with China, and there has never been any question of forcing her to borrow more than she wants. The statement in the question that any one of the Governments is acting at variance with the others is untrue. If the sum now desired by the Chinese Government is less than that which they originally asked for, I have no reason to think that there will not be complete accord between the groups and Governments concerned with regard to the provision of the lesser sum only, if the conditions of the loan and the security are satisfactory. The hon. Member's question is formed upon an entire misapprehension, and I cannot too strongly repeat that there is no question of forcing upon China any sum for which she does not ask. On the contrary, the difficulty is to arrange safe conditions on which to lend the money for which she does ask.

Arising out of that answer, may I ask whether the Foreign Office has had direct communication with the Chinese Government on this matter?

Oh, no; we have had direct communication on the matter from our representative at Pekin.

Gambia

asked the Secretary of State for the Colonies whether his attention has been called to the anxiety in commercial circles and amongst the natives of the Colony of the Gambia lest that Colony should be transferred to a friendly Power; and whether he will give an undertaking that no such transfer shall take place without Parliamentary sanction and after full inquiry into the attitude of the native tribes upon the question?

No proposal for the cession of the Gambia is under consideration, and my hon. Friend may rest assured that, should any such proposal be made, the attitude of the native tribes would be ascertained. As stated in a reply given on the 22nd of February last, the assent of the House would be asked for any cession of territory which was more than a frontier rectification.

West African Colonies

asked whether the Committee appointed to consider the Land Laws of the West African Colonies will be prepared to receive evidence from representative natives from the Sierra Leone, Gold Coast, and Southern Nigeria Colonies?

The Committee held its first formal meeting to-day. It will be for it to consider in due course what witnesses, whether European or native, should be called upon to give evidence, but it is not possible at present to say what the decision of the Committee will be.

South African (Civil Service Officials)

asked the Secretary of State for the Colonies whether his attention has been drawn to legislation introduced in the Union Assembly of South Africa proposing to dismiss from the Civil Service officials who fail to make them selves expert in the Dutch language; and whether he proposes to instruct the Governor-General to disallow any legislation having the object named?

I do not find anything in the Public Service Bill involving the dismissal of officials who fail to make themselves expert in Dutch, and I may remind the hon. Member that officers in the Service at the date of Union are protected against dismissal on such a ground by Section 145 of the South Africa Act. The Bill does, however, require the passing of examinations in both official languages before promotion. No question of disallowance arises.

Emigration (Australia)

asked the Secretary of State for the Colonies if he is aware that cases often arise where British subjects who emigrate from this country to Australia, and who pass the ship's doctor and the Board of Trade doctor here, are refused landing in Australia for slight physical defects, such as short-sight; and, in view of the hardship of this, will he arrange for emigrants to be passed by a medical officer of the Australian Government in this country before emigrating or in some other way avoid this risk of being sent back?

I understand that some cases of hardship have occurred through the absence of means by which an intending immigrant to Australia, can ascertain in this country whether he will be permitted to land in the Commonwealth. I have requested the Emigrants' Information Office to insert in their publications a specific warning to the effect that under existing arrangements the medical examination by the Board of Trade doctor prior to departure from this country is solely for the purposes of the Merchant Shipping Acts, and does not in any way guarantee the emigrant against exclusion on arrival on medical or physical grounds. I am communicating copies of the hon. Member's question, and this reply, to the Commonwealth Government.

Does not the right hon. Gentleman consider the time has now arrived for the appointment of a Board of Emigration so that these difficulties may be considered?

House of Commons (Press Accommodation)

asked the Chancellor of the Exchequer whether any sum of money is available sufficient to enable the First Commissioner of Works to make the structural arrangements which would be required to provide a few seats in the House for representatives of the foreign Press; and, if not, whether, in view of the importance of the matter in regard to promoting international good understanding, he will at the earliest opportunity place on the Estimates a suitable amount?

My right hon. Friend has asked me to answer this question. The First Commissioner would he very glad to provide more room for the Press, but this year there is no money taken in the Votes for the structural work required. The First Commissioner would not like to proceed, however, without being assured that the House is willing to surrender the seats in the Gallery at present allotted to Members, which would have to be taken for an enlargement of the Press accommodation.

Is the hon. Member aware of the exceptional privileges and courtesies extended to British representatives of the Press in capitals abroad?

Yes, the hon. Member has drawn attention to that before, and it has been taken into consideration.

May we understand from the reply that no seats at present available for Members will be withdrawn from their use without the opinion of the House having been first taken on it?

Junior Member for Southampton (Mr. Dudley Ward)

asked the Chancellor of the Exchequer if he will state whether the junior Member for Southampton has applied for the office of steward or bailiff of the Chiltern Hundreds or steward of the Manor of Northstead; and whether he proposes to constitute and appoint the junior Member to either of these offices?

The answer to both parts of the question is in the negative.

May I ask you, Sir, whether the junior Member for Southampton has obtained your licence, which I believe he must obtain from you under Statute, to absent himself from attendance in the Commons?

The hon. Member ought to have done me the courtesy of letting me know. I am not here to answer questions; that is for the Government.

House Duty

asked whether a surveyor of taxes is authorised by the official regulations to demand increased House Duty before an appeal against the rates has been decided by the local union; and whether, after the appeal has been decided in favour of the householder and notified by him to the surveyor, the latter may demand peremptory payment on the ground that, in his opinion, a parish is under-rated?

The amount of the Inhabited House Duty assessment is one for the determination of the District Commissioners of Taxes, who are not bound by the local rating assessment. If the specific case which the hon. and gallant Member has in mind can be indicated inquiry will be made with regard to it.

Income Tax

asked the Chancellor of the Exchequer the amount of Income Tax levied on and since the 6th April last without assessment and by deduction or at the source; and has he taken, or will he take, the opinion of the Law Officers of the Crown as to the legality of such a deduction of Income Tax before the tax has been imposed or the rate fixed by Act of Parliament?

The Income Tax deducted from interest and dividends and paid over to the revenue for the current financial year, amounts approximately to £600,000. With regard to the second part of the question, I would refer the hon. Member to my reply on Monday to the hon. and learned Member for Cambridge University, in which I stated that the legality of the long established custom of bankers to deduct Income Tax from dividends payable before the Finance Bill of the year becomes law is sub judice.

asked if the poundage of 4d. in the £ allowed to the Bank of England for Income Tax is deducted by them from the dividends on Irish Land Stock, the payment whereof is entrusted to them, on payment by them to the Commissioners of Inland Revenue of the In come Tax so deducted; and, if so, what is the amount allowed to the Bank of England in respect of the dividend on Irish Land Stock payable on 1st July, 1912?

Poundage is not allowed to the Bank of England in respect of Income Tax deducted from the dividends on Irish Land Stock.

Savings Banks (Deposits)

asked the Chancellor of the Exchequer whether, in view of the necessity of providing loans at the lowest possible rate of interest for individual small holders and other small cultivators for stocking their holdings and for other purposes connected with the land they occupy, and for co-operative small holdings and allotment societies buying or renting land for the use of their members, for the purposes of erecting cottages or necessary farm premises or such adjuncts as grist-mills, and of the further fact that savings banks draw from the country money which could be utilised for the provision of such loans, he will appoint a committee to consider and report whether any portion of the deposits in savings banks can be so utilised under adequate safeguards?

I do not consider that any useful purpose would be served by an inquiry of the kind suggested at the present moment. I may remind the hon. Member that all available savings banks deposits are already fully utilised in providing cash for various public purposes (including advances from the Local Loans Fund), through which the money returns to circulation.

Assessors and Collectors of Taxes (Memorial)

asked if a decision has been arrived at on the memorial of the assessors and collectors of taxes, and, if so, what is that decision; and, if not, will he hasten the consideration in view of the seriousness of some of the grievances from which this class is suffering?

The memorial is still under consideration. A decision, will be arrived at as soon as possible.

Is the right hon. Gentleman aware that this has been under consideration for five years?

Fishermen's Credit Banks

asked the President of the Board of Agriculture, whether he proposes that State credit should be used for fishermen's credit banks; for what rate of interest and on what conditions he hopes to arrange with joint stock banks in the interests of fishermen; and over what area those banks would operate?

Perhaps my hon. Friend will allow me to refer him to the statement I made in this House on the 26th June. I do not think I can usefully add anything to that statement pending the issue of the inquiries I have set on foot.

asked whether the right hon. Gentleman proposes to assist fishermen to provide boats, motors, or steam engines by loans or grants advanced from the Development Fund or other national funds?

I am axious to assist fishermen in the formation of credit societies, but, as I pointed out in the statement to which I have already referred, I hope it may be possible for the fishermen by collective effort to finance themselves without a direct subvention from national funds.

Government Buildings (Inverleith Row, Edinburgh)

asked the hon. Member for St. George's-in-the-East, as representing the First Commissioner of Works, whether he is able to make any statement consequent on the decision of the First Division of the Court of Session, Scotland, as to the intention of the First Commissioner of Works with regard to the new buildings it is proposed to erect at Inverleith Row, Edinburgh?

Before giving any instructions for the completion of the building the First Commissioner will communicate with the city council.

Hyde Park and Kensington Gardens (Cyclists)

asked the hon. Member for St. George's-in-the-East, as representing the First Commissioner of Works, whether he will consider the practicability of providing temporary and uncovered stands for bicycles during the summer in Hyde Park and Kensington Gardens, in order that the cyclists desiring to use such public parks may be able to leave their bicycles in safety?

From the evidence at present before him the First Commissioner is not satisfied that a demand exists for these stands. In the circumstances, he is reluctant to place structures or enclosures of any kind in Hyde Park and Kensington Gardens.

Education (Scotland)

asked the Secretary for Scotland the estimated amount to be deducted from school boards and school managers under Article 5 (1) ( b ) of the superannuation scheme from teachers; and what is the estimated amount to be paid out of the Education (Scotland) Fund under Article 5 (2) ( a ) and ( b ), respectively, of the same scheme during the year ending March, 1913?

For the year ending March, 1913, the estimated amount to be deducted from school boards and school managers under Article 5 (1) ( b ) of the superannuation scheme for teachers is £44,000. The estimated amount to be paid out of the Education (Scotland) Fund under Articles 5 (2) ( a ) and ( b ) conjointly is £85,000. It is not possible at the present time to give the sums under Articles 5 (2) ( a ) and ( b ) separately, but the amount under ( b ) may be taken to be relatively very small.

Is it the fact that the English ratepayer pays nothing for the superannuation of teachers, and that the Scottish ratepayer pays £150,000 for the superannuation of teachers?

I think the hon. Member ought to give me notice of a question like that.

Scottish Education (Grants)

asked when the minute of the Scotch Education Department will be issued to the Scottish Members of Parliament which was laid upon the Table of the House on the 28th ultimo with the proposed allocation of Grants?

I learn from the printers that the supply of the minute which was laid upon the Table of the House on the 28th ultimo will be ready some time to-day. Copies will then be available to hon. Members in the ordinary course.

asked how far the total amount of the Grant, under the minute laid upon the Table of the House on the 28th ultimo by the Education Department, has been reduced by the amount required for the scheme for the superannuation of teachers, and by how much each county and burgh has been affected by it?

The amount by which the estimated sum available for distribution under the Minute in question has been reduced on account of the new superannuation scheme for teachers is £68,000. As will be seen from the nature of the proviso to the first clause of the Minute, it is not possible to allocate this sum proportionately among the several districts.

Mint (Coinage)

asked the Secretary to the Treasury whether there has been any improvement in the coinage issued in the last few weeks from the Mint?

I have made inquiries, as I promised the hon. Member, but I am informed that the small blemish on the 6d. coin to which he recently drew attention is unavoidable. I understand that it disappears after the 6d. has been in use a short while. Every care is taken that no marked, cracked, or damaged piece is issued.

Will the right hon. Gentleman allow me to hand him a coin, two years old, on which this blemish is quite apparent?

Irish Land Stock (Dividend)

asked the Prime Minister whether the Treasury has not fulfilled the duty imposed upon it by the Irish Land Act, 1903, and the National Debt Act, 1870, to issue sufficient money to the chief cashier of the Bank of England to pay the dividend on £he Irish Land Stock of £52,000,000 due on 1st July, and amounting to £715,000 or thereabouts; and what steps does he propose to take in the matter?

asked whether the Treasury, instead of issuing sufficient money to pay the whole dividend due on 1st July of £715,000 or thereabouts on Irish Land Stock, has only issued that sum less property tax at 1s. 2d. in the £; if so, how was the amount of that property tax so deducted ascertained by the Treasury; and was it from an assessment made by the governor and directors of the Bank of England in their capacity as Commissioners for executing the Income Tax Act, 1842, or, if not, how otherwise was it ascertained?

My right hon. Friend has requested me to answer these questions. The full amount required to pay the dividend due on the 1st July was duly issued to the Bank of England on the 29th ultimo. The amount of the tax has been ascertained and paid under an assessment made by the governor and directors of the Bank of England in their capacity as Commissioners for executing the Income Tax Act, 1842.

National Insurance Act

Government Dockyards (Civilian Subordinates)

asked whether any orders or information have been given to civilian subordinates employed at the Gunwharf, Portsmouth, with regard to their position under the National Insurance Act; and whether these men come under Part I. of the Act or Part II. or both?

A pamphlet setting forth their position in regard to Part I. of the Act will shortly be in the hands of all workmen in naval establishments. As regards Part II., explanatory posters have already been issued, and further information is about to be circulated.

Crofters

asked whether a crofter, who is employed two months in the year as a ghillie and is his own master during the rest of the year, will be obliged to come under the provisions of the National Insurance Act in respect of both himself and his employer, or whether he can be a voluntary contributor and thus come under the Act by his own free will, the employer in such a case being only obliged to pay contributions in the event of the crofter, who is his own master at other times, being a voluntary contributor?

The employment in question will be employment within the meaning of Part I. of the Act, and while it lasts contributions will be payable both by employer and employé in accordance with the provisions of the Statute. No evidence has been submitted to the Commissioners that any general desire exists on the part either of gillies or their employers to have this kind of employment brought within the scope of a Special Order as being ordinarily adopted as subsidiary employment.

Can the right hon. Gentleman tell me what benefit a crofter can obtain after he has been for two months a deposit contributor under the Act?

I cannot straight off. The money will, of course, be accumulated until sufficient is obtained in order that he can obtain benefit.

Must not the administrative expenses be first deducted, and what benefit will he get after the two months?

I really cannot discuss the whole position of deposit contributors in a question and answer. If the Noble Lord will put down a question I will gladly give him an answer.

Deposit Contributors

asked what is the position of a contributor under Part I. of the National Insurance Act who joins a society which has not been approved by the 15th of July, in the event of such society not becoming an approved society by the 15th October or at any future date?

A member of a friendly society, who is an employed contributor within the meaning of the Act, which does not become approved by the middle of October will, after that date, become a deposit contributor.

Sanatorium Benefits

asked who will certify that an insured person is suffering from tuberculosis and is a proper case for sanatorium benefit in the event of no arrangement being come to with the medical profession by 15th July; and whether the insured person will have to pay for this certificate himself in addition to his contribution for sanatorium benefit?

The arrangements will depend on local circumstances; in some cases the Insurance Committee will probably arrange that the medical officers of the local authority will certify, and in other cases that a report from the private medical attendant of the patient will be accepted, the Insurance Committee having expert advice on the matter. It is contemplated that the cost of such certificates should be defrayed by the Insurance Committee, where these arrangements are adopted.

Contribution Cards

asked who will be liable for affixing stamps to the card of an employed person in cases where the family of that employed person are suffering from scarlet fever or some other highly infectious disease?

asked the Secretary to the Treasury whether societies which have applied for approval under the National Insurance Act have been kept for a very considerable time waiting for the decision of the Commissioners; whether in the meantime they are prohibited from distributing insurance cards to their members; whether employers are demanding the production of insurance cards, thus prejudicing the interests of the societies that are not in a position to supply cards to their members; and whether he will take action to ensure that approval shall be promptly given to suit able societies?

asked whether the refusal of the Insurance Commissioners to issue contribution cards to societies until approved is causing much uneasiness to the members; and whether these cards have been issued to any society before approval?

asked if those friendly societies which have applied for approval under the National Insurance Act, but which have not yet been approved, may obtain from the Post Office or from the Commissioners a full supply of contribution cards for all the persons who have intimated their intention to make such a society their approved society, in order to avoid the necessity of such persons having to apply individually at the Post Office for such cards; and whether the inability of the societies waiting approval to supply cards is having a serious effect on their prospects?

Every effort is being made to deal expeditiously with applications for approval, and a second completed list was issued last night. Further approvals will be given from day to day as soon as each society can comply with the necessary requirements. The issue of cards to societies not yet approved would necessarily prejudice the recipient of such cards if the society did not become approved. Societies, however, which have made satisfactory progress with their arrangements, but have not yet actually received approval, are being supplied with special forms to be countersigned by the society and issued to intending members, on the presentation of which at the post office a contribution card will be at once issued. No employer has any right to demand the production of a card from his employé before the 15th July. Any men or women who will become insured persons under the Act and who have not received cards from approved societies can obtain cards on filling up a form at any post office.

Are we to understand that members of societies which are not yet approved must apply personally to the Post Office for a card?

It depends upon whether they are under the conditions I have read out. Where the societies have made satisfactory progress with their arrangements, in that case they can obtain a special form dealing with the matter.

In that case would they have to apply to the post office for a contribution card?

Is not the right hon. Gentleman aware that he is prejudicing some societies very much?

I have no information on the subject. The natural desire of the Commissioners is to approve every society which wishes to be approved as soon as the society can comply with the Regulations. Immediately that is done the cards are issued to the society.

Will this not prejudice members of small societies in rural districts, which cannot be expected to be forward with their arrangements?

Agents' Signatures

asked the Secretary to the Treasury whether he is aware that agents of certain life insurance societies which have approved sections are inducing working men and women to sign entrance forms, which have been already filled up by the agents, without knowing the contents; and what measures, having regard to the penalties attached to misstatements in such forms under the Act, he proposes to take towards the protection of such persons from such risks?

Under the terms of Section 69 (1) guilty knowledge is a necessary element in the offence, and if an incorrect statement was contained in a form signed by a person under a real misapprehension of its contents, the person signing such a form would not be liable to any penalty. I am assured that the societies employing agents will do all in their power to stop action of this kind. I should be glad if the hon. Member would give me particulars of any case which has come to his knowledge.

Christmas Card Designers

asked what is the position, under the National Insurance Act, of an unmarried female outworker employed to do posters and Christmas cards by three different firms, whose employment is irregular, and whose success entirely depends upon pleasing her employer with designs?

On the facts as stated by the hon. Member it would appear very doubtful whether such a person is an outworker within the meaning of the Act. If he will communicate with me, giving further particulars, I will have the case investigated.

Female Piece-Workers

asked what is the position under the National Insurance Act of a female piece worker who is only employed when the firm to which she is attached require her services; and if she has to pay her own contribution when unemployed as well as her employer's contribution?

A female pieceworker while employed must be insured unless she can prove that she is ordinarily and mainly dependent for her livelihood upon some other person, in which case she can get a certificate of exemption. If she is insured she will be subject to the ordinary rules as to the arrears of employed contributors.

Charwomen (Government Offices)

asked whether the Government intend to pay the employer's 3d., in addition to the employé's 3d., in the case of the charwomen who are engaged in Government offices?

The Government will pay the employer's contribution and deduct the employé's from wages.

Will the right hon. Gentleman lay on the Table the instructions issued by the Treasury for the guidance of heads of Departments in dealing with those societies which may be affected by this Act?

I am not sure that any instructions have been issued. The right hon. Gentleman has perhaps seen the instruction of the Inter-departmental Committee which has been printed and circulated dealing with the various classes of Government employés. I shall be glad to send a copy of that to him, and if any instructions have been issued since, I will gladly submit them.

Will the right hon. Gentleman not allow the Government to be, in his own words, a decent employer of labour?

It is the function of every Government Department to see that the Government is a decent employer of labour. I do not know to what words of mine the hon. Member refers.

Taxi-Cab Drivers

asked whether taxi-cab drivers are subjected to compulsory insurance under Part I. of the National Insurance Act although they are not paid wages?

Provisional Health Insurance Committee (York)

asked who were invited to submit names of suitable per sons to represent insured persons on the Provisional Health Insurance Committee for the city of York; by whom were the Commissioners advised in their selection of the persons to serve on the Committee; and on what principle was the selection made, and why have two non-residents in the city been included?

The steps which have been taken by the Insurance Commissioners to secure the formation of Provisional Insurance Committees are fully explained in the Memorandum of which I am sending a copy to my hon. Friend.

Approved Societies

asked how many societies having a membership of less than 1,500 are included in the first list of approved societies?

The number of societies included in the first list which,, according to their own preliminary statements, had less than 1,500 members, is 119. A second list was issued yesterday including further societies of this size, of which I will ascertain the exact number if the hon. Member desires.

asked the Secretary to the Treasury if he is aware of the sums being spent by insurance companies in advertising the approved society section of their business, and, as these approved societies are at present without funds, can he say from what source the cost of advertising comes; and will these companies be entitled later to recoup themselves for this expenditure from the contributions of insured persons, seeing that this expenditure has been incurred without the authority of the members of the self-governing approved societies?

I have no knowledge of the source from which the expenditure referred to is being defrayed. Under an Order made by the Commissioners under Section 78 of the Act (Cd. 6165) approved societies have power to repay from the funds available for administration the expenses incurred by any person in getting up or obtaining approval for the society. The Commissioners are advised that advertising expenses incurred in getting up a society could properly be repaid by the society under this Order, but it would of course require the authority of the society under its rules.

The Commissioners have no mandate to settle any question of administrative expenses except the amount which can be paid out of the Insurance Fund or the portion of the Insurance Fund that belongs to the approved society. Any money paid outside by philanthropists or others is outside the scope.

Is the right hon. Gentleman aware that one day last week there was a whole-page advertisement in the "Daily News"?

I have no power under the Act or under Regulations made under the Act to inquire where the money comes from.

Is there any guarantee required as to the bona fides of any particular society?

Not a farthing of the money spent by any approved society or by any section of a society that is approved can go to any other purpose except those laid down under the National Insurance Act.

asked whether the Insurance Commissioners received from the Knutsford District of Foresters early in May last an application, accompanied by a set of rules, to become an approved society; and, if so, whether such approval has been given; and, if not, what are the reasons for withholding such approval?

I understand that no formal application for approval has been received from this society, and that mo reply has been received by the Commissioners to suggestions made by them to the society for the amendment of their proposed rules in a letter of the 25th June. There will be no avoidable delay in dealing with the case immediately the reply of the society to this letter is received.

Farm Workmen (Scotland)

asked the Secretary to the Treasury whether, in view of the fact that farm workmen in Scotland are threatening to leave work and break their term of service if their employers make any deduction from their wages in consideration of contributions to the National Insurance Act, will he take steps to allow the Commissioners to approve of procedure by which the workmen shall put their own stamp on their cards before handing them to their employers, thereby preventing friction and ill-feeling arising?

No system under which a workman would himself be responsible for affixing a stamp representing his own share of the contribution is possible under the Act. Section 4 (2) explicitly provides that "the employer shall, in the first instance, pay both the contributions payable by himself (in this Act referred to as the employer's contributions) and also on behalf of the employed contributor the contributions payable by such contributor." Under this Section and the Third Schedule he is entitled to recover the workman's share of the contributions by deduction from wages (if wages are paid), but not otherwise. The Commissioners have no power to require or allow the employé to pay his contribution during employment in any other way.

Health Insurance Committee (Burnley)

asked the Secretary to the Treasury whether he is aware that on the local health insurance committee for Burnley there are seven representatives of life assurance companies appointed, while there are only five representatives of trade unions; if he will state on what basis this proportion of representation was decided; and whether the number of trade union representatives will be increased?

My hon. Friend has been misinformed. There are as many trade union representatives on the committee as there are members selected by the industrial assurance offices. The method of obtaining the representatives of various classes of insured persons in these committees is explained in the memorandum of which I am sending a copy to my hon. Friend, and there is no present intention of increasing the representation of any section.

Applications for Exemption

asked what classes have applied for exemption under the National Insurance Act; and whether such classes as are able to obtain exemption have largely applied to be exempted from the benefits of the Act?

As I explained in answer to the hon. Member on Monday applications for exemptions are being received by Customs and Excise officers in different parts of the country on behalf of the Insurance Commissioners. No exact figures are at present available. No classes have largely applied to be exempted from the benefits of the Act.

No; municipal and Government employés come under totally different sections, and there has to be a certificate given by the Insurance Commissioners that the advantages given by the municipality are as advantageous as those under the Act.

Domestic Servants' Societies

asked if the same sum for administration expenses will be allowed in the case of domestic servant societies under the National Insurance Act as will be allowed for other societies, and if the expenses of the servant societies could be reduced to a much lower figure?

There is no necessity for the regulations to differentiate between societies. The amount prescribed by regulation for administration expenses is a maximum limit, and no society is required to spend up to that maximum. If a society can be managed for less the amount saved will be available for benefits.

Will the right hon. Gentleman make special inquiry and see whether these should not be much cheaper than men's societies?

I am always willing to listen to anything the hon. Member has to say. We have simply laid down a maximum as to the amount which may be spent on administration. Every farthing saved from that maximum will be to the advantage of the society.

asked what steps domestic servants who have already been induced by canvassers to join certain approved societies can take to join other societies which may offer more benefits; and if their position can be explained in the next leaflet published by the Commissioners?

In all cases where application for membership of a society has not been duly accepted by the society the applicant is at liberty to withdraw his application. Where an application has been accepted the person concerned should take the necessary steps to terminate his membership of the society. After the commencement of the National Insurance Act transfers from one approved society to another will be regulated by Section 31 of the Act under which consent to withdrawal cannot be unreasonably withheld by a society, and the Commissioners would be disposed to consider that a society would be acting unreasonably in refusing consent to withdraw in the case of persons who had joined a society hurriedly without much consideration and who desired to withdraw for the purpose of joining a society appearing to them to be better suited to their requirements.

United Order of Catholic Brethren, Blackburn

asked the Secretary to the Treasury if he is aware that the Insurance Commissioners arranged a meeting with the United Order of Catholic Brethren, Blackburn, at which a lecturer was to explain the National Insurance Act, and that, owing to the admitted mistake of the Commissioners, no lecturer turned up at the appointed time; and will the Commissioners reimburse the society the sum of £3 2s. expenses incurred in arranging the meeting?

The Commission were approached by the society and undertook that they would endeavour to arrange that an official lecturer should be present at a meeting organised by the society referred to, but owing to an unfortunate clerical error, they failed to arrange for a lecturer to attend. Several other lectures have been delivered in Blackburn, but in view of the disappointment caused to the members of the society, the Commission will be glad to arrange for an official lecturer to attend another meeting in the town if the society desires it and to pay the expenses of such a meeting.

Can another meeting be arranged without further expense to the United Order of Catholic Brethren?

I have stated that the Commissioners will pay the expenses of such a meeting.

Provisional Committee (Isle of Wight)

asked the Secretary to the Treasury whether his attention has been called to the proceedings at the first meeting of the provisional insurance committee for the Isle of Wight, held on the 29th June, when the committee decided to adjourn as a protest against the composition of the committee; whether he is aware that dissatisfaction prevails in the Isle of Wight at the appointments made to the committee by the Insurance Commissioners; and if he can say what action the Commissioners propose to take in the matter?

I understand that there is some dissatisfaction with regard to the composition of the committee. The committee is, however, not yet complete. Representations are being made to the Commissioners, and I believe that the matter will be satisfactorily settled.

Is it not a fact that of the thirty or more members of this provisional insurance committee, only three are Conservatives, and would it not be better to instruct Insurance Commissioners to be a little fairer to both political parties in making their appointments? Is it not also a fact that the whole North-Eastern district of the island, including Hyde, its largest town, has only one representative appointed by the Commissioners for insured persons, and that he himself is an insurance agent, and that there is not a single representative of friendly societies for the whole North-Eastern district?

The right hon. Gentleman cannot be expected to reply to these questions without notice.

Government Offices (Assistant Clerks)

asked the Secretary to the Treasury if he will say how many of the new class of assistant clerks are employed in the offices of the Board of Education, in the Savings Bank Department, and in the Customs and Excise Statistical Office, respectively; how many are now eligible by service for promotion; and how many have been promoted to the second division or analogous grade since the institution of the class?

It is rather an important answer, and I will give every publicity I can to it.

Approved Societies (Auditors)

asked if it is intended to utilise the service of the present accredited auditors of friendly societies to audit the Government insurance funds of such society, or will this work be exclusively done by men especially appointed by the Commissioners for the purpose?

The audit of the accounts of approved societies to be carried out under Section 35 of the Act will, at least as regards the bulk of the work, be carried out by the staff of whole-time auditors now being appointed by the Treasury for the purpose. They will be paid for out of moneys provided by Parliament, and not out of the National Insurance Fund.

Maternity Benefit

asked whether a domestic servant passed child-bearing age can exchange this benefit for an increased sickness, invalidity, or pension benefit?

There is no power in the Act to substitute other benefits for maternity benefit.

Employed Persons (Widows)

asked whether a domestic servant who pays one week's contribution directly after 15th July next and then marries and ceases to be an employed, and therefore a compulsorily insured, person can, at any later age on becoming a widow and an employed person, enter the national insurance scheme on the same terms as she joined?

The answer is in the affirmative if the servant re-enters insurance within one month of her husband's death, but if she re-enters at a later date she will be in arrears in respect of the interval.

Unemployment (Timber Trade)

asked the Secretary to the Treasury whether a timber merchant, doing no building, supplying the trade with English timber and converting timber from the log into boards, planks, etc., falls under Part II. (Unemployment) of the National Insurance Act?

My right hon. Friend has asked me to answer this question. Decisions as to whether any workman or class of workmen is included within the list of the insured trades for the purposes of Part II. of the National Insurance Act, 1911 (Unemployment Insurance), rest, not with the Board of Trade, but with the Umpire appointed under Section 89. On 24th June, the Umpire decided as follows in regard to the class of workmen referred to in the question: "Contributions are not payable in respect of workmen employed by timber merchants owning or working sawmills and engaged wholly or mainly in the work of converting timber or logs into planks, boards, or scantlings.

Established Church of England

asked the Prime Minister whether his attention has been called to recent claims put forth by high ecclesiastical persons that the High Court of Parliament has no right to regulate the order, doctrine, and discipline of the Church of England; and what course he proposes to take to vindicate and maintain the rights of Parliament over the Established Church of this land?

I have seen statements to which I imagine my hon. Friend to refer, but, in existing circumstances, I see no reason for taking any action in the matter.

Is the right hon. Gentleman aware that there is a great deal of anxiety and interest taken in the country in this matter?

Will these gentlemen be made to obey the law like other branches of the Civil Service?

Franchise and Registration Bill

asked the Prime Minister if he can now see his way to fix a day for the Second Reading of the Franchise Bill?

Returning Officers' Expenses

asked whether it is the intention of the Government to deal with the question of returning officers' expenses at all during the present Parliament?

In regard to the subject matter contained in this question, I cannot indicate what may be the future intentions of the Government beyond the present Session, and I have, therefore, nothing to add to the reply which I gave to my hon. Friend on the 26th ultimo.

Does the right hon. Gentleman not think that if the Franchise Bill is going to largely increase the electorate these expenses ought not to be cast upon the candidates?

Port of London (Strike)

Destitution

asked the Prime Minister whether he is aware of the destitution, especially among women and children, prevailing in various districts of London owing to the refusal of the Port of London Authority to meet the representatives of the workmen's unions to mutually arrange terms of settlement and working conditions generally; and whether he will cause a substantial sum to be sent from the Treasury in aid of the fund for providing food for the women and children as an equivalent grant to the workmen's side to balance the cost of giving police protection for blackleg labour which benefits the employer?

Before the right hon. Gentleman answers that question may I ask if he will repudiate the epithet applied to free labour in the question?

Perhaps the hon. Gentleman will wait for my answer. In replying to this question, I must not be held to accept the controversial assumptions contained in it. I am aware of and regret the destitution which this unhappy dispute has caused, but it is not possible to make a Grant from public moneys for the purpose suggested. I would remind the hon. Member that the task of dealing with destitution rests primarily with the Poor Law authorities, and I have no reason to suppose that they are not fulfilling their duty in the present case.

I understood you, Mr. Speaker, to say that the word "blackleg" would not appear on the Paper again.

Questions

Navy Estimates (Shipbuilding)

asked the Prime Minister whether he can now name a day for taking Vote 8 of the Navy Estimates?

The Vote will be taken on some day in the week, beginning 15th July.

Supply of Food and Raw Material in Time of War

asked the Prime Minister whether his attention has been called to the Report of the Royal Commission on Supply of Food and Raw Material in Time of War [Cd. 2643, 1905], and to the Report of the Treasury Committee on a National Guarantee for the War Risks of Shipping [Cd. 4621, 1908]; and whether, in view of the present naval situation, he will refer the question of the conditions affecting our supplies of food and raw material, and of the amount of the reserves of such supplies existing in this country at any given period, to a committee to examine and report whether any measures can be adopted which, in addition to the maintenance of a supreme Fleet, may better secure such supplies in time of war, and prevent violent fluctuations in prices, especially at the commencement of hostilities?

I have nothing to add to the replies which I gave on this subject on 12th April, 1911, to the hon. and gallant Member for St. Andrew's Burghs, and on 11th April last to the hon. and gallant Member for the Melton Division. Some aspects of the matter are now being considered by the Committee of Imperial Defence.

Colonial Office Vote

asked the Prime Minister whether, in view of the short time available for private Members on the occasion of the Debate on the Colonial Office Vote, he can see his way to grant another day?

May I make an appeal to the Prime Minister. Is he aware that a period of only three hours was available for private Members, and that in that time only five Members on this side of the House were able to speak, while one Member sitting behind him occupied fifty-two minutes on one subject?

Is the Prime Minister aware that some thousands of British subjects living in the Crown Colonies have no voice in local legislation, and that the only way of obtaining any redress of their grievances is on the Colonial Office Vote?

Will the right hon. Gentleman consider putting down this Vote for Tuesday next, when, presumably, there will be plenty of time?

Government Buildings (Dublin)

asked whether the house, 93, Merrion Square, Dublin, has been acquired for the purpose of converting it into a Government office; if so, on what terms; and whether the arrangement is of a temporary or permanent character?

The interest in the lease of the house No. 93, Merrion Square, has been purchased for an office during the currency of the lease for the Solicitor to the Irish Land Commission and his staff, who are vacating one of the houses in Upper Merrion Street about to be taken down to clear the site for the new public offices. The unexpired term of the lease is about twenty years. The price of the lease is £600, and the house is subject to a rent of £95 11s. 6d.

asked whether the arrangements for the completion of the new Government buildings in Upper Merrion Street, Dublin, have been submitted to the Department of Agriculture; and, if so, have they met with the Department's approval?

The Board of Works have been in communication with the Department of Agriculture and Technical Instruction with regard to the accommodation to be provided for that Department in Upper Merrion Street from the beginning. Certain minor questions are still under discussion.

Will the right hon. Gentleman be prepared to lay a copy of the correspondence on the Table?

No, I should not like to promise that off-hand, but I will look into the question and see if there is any further information.

Divorce (Royal Commission Report)

asked the Secretary of State for the Home Department whether he is now in a position to state when the Royal Commission on Divorce will present its final Report?

I am informed that the Commission hope to present their Report in the course of next month.

Suffragist Prisoners

Prison Rules

asked the Home Secretary whether, in view of the infrequency of the use of Division I. under the Prison Rules, he will consider the advisability of modifying Rule 243A, so as to make it approximate with Division I., and thus enable the privileges of the latter to be more generally availed of?

I believe that the infrequency of the use of the First Division arises from the fact that the conditions are so easy that Judges and Magistrates are unwilling to pass a sentence that can have little or no deterrent effect. The conditions of Rule 243A are somewhat more stringent, as I explained to the House in detail last Friday. If any change is made it should rather be in the direction of assimilating the conditions of the First Division to those now allowed under Rule 243A.

Questions

Attack on Mr. T. H. Sloan, Belfast

I desire to ask a question, of which I have given private notice to the Chief Secretary for Ireland, namely: Whether his attention has been called to a report in this morning's newspapers of a dastardly outrage committed on Mr. T. H. Sloan, formerly a Member of this House, and President of the Independent Order of Orangemen of Belfast; whether it is a fact that Mr. Sloan is now lying dangerously ill; whether an organised band of Unionists attacked his residence and smashed the front windows; whether the mob had to be dispersed by the police; whether Mr. Sloan's medical attendant was called immediately afterwards and reported that he was suffering from shock; whether any arrests have been made in connection with the outrage; and whether any report has been received from the police in regard to the matter?

The only report I have is to the following effect: Windows broken last night in Mr. Sloan's house and other houses. Report will follow tonight.

I wish to ask the Chief Secretary if he can arrange that when Nationalist Members give private notice of questions Unionist Members from Ireland should know of it in the same way as Nationalist Members get information from the Chief Secretary when any Unionist gives private notice of a question to the Chief Secretary the night before?

I have never given any notice to any Nationalist Member or other Member of any question of which I have ever received private notice. Notice of this question I only received five minutes ago, and therefore, however anxious I might have been to communicate it to anybody, I should have been unable to do so. As a matter of fact, I never communicate any of these questions to anybody.

Can the Chief Secretary explain to the House how it was that the hon. Member for East Mayo (Mr. Dillon) was aware of the question yesterday in regard to the disturbance at Castledawson?

I can only answer for myself. No communication of any sort, kind, or description passed between myself and the hon. Member for East Mayo. People in Ireland are, I suppose, at liberty to communicate with any Member of the House if they choose.

I may perhaps be permitted to state that the only way I knew that hon. Members would put that question was from a study of their habits.

Foot-And-Mouth Disease

asked the President of the Board of Agriculture whether he has any information showing that cotton cake from abroad brings in cattle disease; whether he is aware that cattle hides are constantly thrown into the holds of ships coming from infected countries, and often on to the cases containing the cake; and how long germs of infection live either on the cake cases or in the cattle hides?

asked whether, in view of the Report of the Departmental Committee appointed to inquire into foot-and-mouth disease that the importation of hides and skins from an infected country are a considerable danger by reason of the fact that foodstuffs, such as oil cake, may become contaminated by being subsequently carried by the same agency, he proposes to take any steps by way of legislation to prevent such danger?

I may answer this question and that of the hon. Member for the Appleby Division together. It is conceivable that both anthrax and foot - and - mouth disease may be introduced in the manner suggested, but the evidence on the subject is very meagre. It was fully considered by the Departmental Committee which has recently reported, and made certain recommendations with regard to it, mainly in the direction of international action, to which I am giving attention.

May I ask, although I am afraid it does not directly arise out of the question—

asked whether the right hon. Gentleman in view of the outbreak of foot-and-mouth disease, will take steps to exclude all hay and straw, whether for packing or for fodder purposes, from those countries on the Continent in which it is known that the disease is rampant?

The importation from scheduled countries of hay and straw for use as fodder is already prohibited by the Foreign Hay and Straw Order of 1908. The prohibition of the use of hay and straw for packing imported merchandise would entail a serious dislocation of general trade, and on this account the Departmental Committee which recently considered the question, were not prepared to advise that any order should be made for that purpose, a conclusion in which I myself concur. There is no evidence, or even any suggestion, so far as I am aware, that the recent outbreaks are attributable to the articles to which the hon. Member refers.

asked whether it is proposed to compensate either the Royal Agricultural Society of England or the intending exhibitors at their show at Doncaster for the loss suffered by them, respectively, owing to the compulsory return home prior to the opening of the show of all cattle, sheep, and pigs entered for competition or sale thereat?

I realise and greatly regret the losses which have been experienced by the Royal Agricultural Society and intending exhibitors at the Doncaster Show by reason of the restrictions which have been imposed in order to prevent the spread of foot-and-mouth disease, but, unfortunately, they do not stand alone in this respect. Many other classes of the community, even less able to bear the losses, are also suffering, and it would be impossible for me to propose that the society and its exhibitors should be exceptionally treated and compensation paid to them out of funds to be provided by Parliament. I doubt very much whether the society itself would desire it.

asked when the existence of foot-and-mouth disease in county Dublin was unofficially made known to the Board; and whether any inquiry was in consequence addressed to the Department of Agriculture in Ireland, and, if so, with what result?

The existence of foot-and-mouth disease in county Dublin was never made known unofficially to the Board, nor was its presence there even suggested. The first information which the Board received as to the outbreak in that county was in a telegram sent to them by the Irish Department on Monday last.

I wish to ask the Vice-President of the Board of Agriculture in Ireland a question of which I gave private notice yesterday, namely, whether he can inform the House the date on which they first acquired knowledge of the outbreak of foot-and-mouth disease in Ireland, and what were the steps taken by the Department to deal with the outbreak as soon as they heard of it?

The Department received the first intimation of this outbreak in Liverpool at seven o'clock on Thursday night the 27th of June. It was in the form of a telegram from Sir Thos. Elliott addressed to the Secretary of the Department. It reached the Department after the office had been closed, but was at once conveyed to the Secretary, and it amounted to this: That on that day, in the Liverpool abattoir, on the tongues and feet of three animals, foot-and-mouth disease had been discovered, and that they were supposed to be animals which had arrived either from Scotland or from Ireland, but probably the latter; and the telegram desired that the Department should at once send an inspector to Liverpool in order to confer with the officer of the Board there, and to trace the origin of the animals. We at once sent for the chief veterinary officer, who resides at Kingstown, and two veterinary inspectors were sent to Liverpool on the following day. Therefore we had no clue up to this point as to any operations which could be undertaken, and we awaited the result of the inspection at Liverpool and the inquiries which the Board of Agriculture and our own inspectors were making there. Friday passed and on Saturday forenoon what we call in Ireland the effective telegram arrived from the officers of the Board of Agriculture at Liverpool. It was stated in that telegram that two additional cases had been diagnosed in Liverpool, and that the cattle affected had been sold in Liver pool by a Dublin dealer, Laurence Malone; and the telegram called upon us to find Mr. Malone's whereabouts to get all the information possible from him, and to communicate with them at once. Mr. Malone was discovered. He came to the offices of the Department with his principal and they gave the Department every information that it was in their power to give. I received from him the names and addresses of all the people from whom he had bought the cattle in Ireland before shipping them. He also conveyed to me the names and addresses of all those to whom he had sold them in Liverpool. These names and addresses were at once wired to Liverpool, along with copies of the ship's manifest giving all the information that was necessary. I then, having got the names of ten individuals, living in four different counties in Ireland, as those of the persons who sold the cattle, dispatched veterinary officers to every one of the farms from which the cattle had been taken and sold. This was on Saturday night, and, of course, cattle could not be examined for disease on the Saturday night, but on Sunday night at half-past seven o'clock we had reports from the whole of the districts. In eight of the cases the report from the veterinary officer was that there was not a shadow of disease among the cattle on the farms from which the animals had been taken. In one case in West Meath they had found a sick animal. The chief officer—because we sent two veterinary officers—left the animal in charge of the other veterinary officer, and came back and re ported next morning that the animal seemed to have recovered from the sickness, that it showed a very high temperature, but there was no sign of foot-and-mouth disease. The officer from Swords—and this is the really dangerous district, and the only dangerous district—

I hope that the hon. and learned Gentleman will take back that. I have not shut up all Ireland.

The spread of this disease, both for Ireland and Great Britain, would be one of the greatest calamities that could take place. The officer returned from Swords on Sunday at noon, and he reported that on a farm owned by two ladies, the Misses Russell Cruise, he had found very bad symptoms indeed. The chief veterinary officer was in the office at the time, and he at once proceeded to the spot. He came back at half-past seven and reported that, after examining the whole herd, he found that there were twenty-four animals which were affected with foot-and-mouth disease without a doubt, that he had served legal notices upon the owner of the farm, and had requisitioned the aid of the police, who had drawn a cordon around the place to prevent all access to the farm and all movement of cattle in the neighbourhood. The Secretary and myself had then to consider what should be done, not only in regard to the outbreak at the farm—because there was no difficulty about settling that; we ordered the slaughter of the animals at once—but we had to consider the nature of the Order to be issued by the Department. We issued that night an Order which was sent to the four counties—Dublin, Meath, Wicklow, and Kildare—bringing all movement of cattle in these four counties to a standstill, and we included these four counties in that wide sweep because, as hon. Members from Ireland know, the cattle from these four counties are all sent on to the cattle market in Dublin, and we thought that it would be much better to have a wide area, which we could modify later on and reduce, rather than a narrow area, which we might have to extend. We issued that Order on Monday, and it is now in force. After the chief inspector had given the preliminary order to isolate the entire forty-five cattle on that part of Miss Cruise's farm, they have been slaughtered and buried and the land has been limed by the Estates Commissioners, who very kindly came to our aid in a matter in which they have more experience than we have. We have, as I say, buried the animals and limed the land on that farm, so that there is no danger of infection being carried by birds and other means. That brings us down to Monday. We called in the aid of the police as regards the four counties, and there is now a ring fence around those four counties, through which nothing in the shape of a beast can pass. The Inspector-General and the Under-Secretary have helped us in this. We have these four counties practically inside a ring fence, and the place is shut in so far as the movements of cattle are concerned. After we learned the result of the outbreak on Miss Cruise's farm we discovered on a portion of a farm half a mile distant, belonging to Mr. Nicholas Long, a very large herd of cattle, and we slaughtered twenty-nine animals which were on the demesne and not on the ordinary land. A lady had a milch cow on the demesne land which was not very well, and it was removed last week to the village of Swords, and we followed it up; but it practically comes to this, that all the trouble is confined to that district. The County Inspectors of the Royal Irish Constabulary in the thirty-four administrative counties in Ireland were requested on Sunday night to examine their particular districts, to get all information—whether there was any foot-and-mouth disease, or any serious cattle disease in their counties. We have received from thirty-three out of thirty-four administrative counties the statement that those counties are absolutely free from any serious disease. I have kept back a matter to the last, because I desire to be perfectly frank with the House. There have been rumours in the House—and I see there is a question on the Paper which has been withdrawn—undoubtedly there are rumours, and an uneasy feeling that the disease was present and has existed in Ireland without publicity being given to the fact. If the question on the Paper had been reached, I should have asked whether it was thought that the Department had been conniving at this, because it would have been an extraordinary thing for the Department to connive. In fact, the Department itself has within ten miles of the place a herd of cattle more valuable than any other herd in Ireland. But it is impossible to imagine that they adopted such a policy. It is however quite possible that the disease may have existed on Swords Farm before the Department discovered it on Sunday. I have ordered the strictest investigation to be made, and the inquiry is now going on. I hope the House will not expect me to go further than my own knowledge would permit me to go. It is the fact that on the Saturday on which the animals were shipped to Liverpool a quack veterinary doctor, not a veterinary surgeon, not an authorised practitioner, but one of those men known in Ireland as a "knowledgable man," which is the description often given. by the peasantry in Ireland, was brought to that farm. The Department hunted him down, and the day before yesterday we: had him up to the office. He admitted that he had been on the farm on Saturday week. He admitted that he had treated six or seven cattle for what he called "timber tongue." He declared that he had not been there since the previous, February. We questioned him as to other holdings, but he declared that cattle had been unusually healthy and that he had had very little to do. We ascertained the fact that certain cattle had that very week been sent to Dublin from that farm. That is a fact of very great importance. It was concealed from the Department. None of the local authorities were aware of the disease on that farm, and what I have to say is this, that the moment the Department got the information, we took action. Immediately we got information which would enable us to take effective action, we lost not a moment, and at all events we succeeded in confining the disease to that area, and up to 12 o'clock to-day, no further outbreak has occurred at Swords, and there has been no outbreak throughout the country. I hope that statement of the facts and what has occurred will satisfy the right hon. Gentleman that the Department lost no time in taking action, and that they have taken the most effective action that could be taken to stop the outbreak.

I do not want to carry the matter on by questions and answers, but it is rather a serious one, and I want, if I may be allowed, to make the position quite clear on two points. I understand the right hon. Gentleman tells us quite frankly that the information in regard to this disease came first to Ireland from the English Department. In the second place, I wish to ask him whether he has any information in regard to how it occurred that animals which clearly must have proceeded from a diseased centre, and which must have had upon them then the evidence of disease, were able to leave Dublin for English ports without detection by the officers whose duty it is, and the object of whose existence it is, to protect the country against the spread of this disease by examining on board the animals in order that they may not leave the country if there is any suspicion of disease?

That is the very first question which I put to the veterinary officer when this occurred. I asked him whether the examination at the ports was of a perfunctory character. This is the height of the season, and there are thousands of cattle passing, and I thought that the examination at the port might be more or less perfunctory. He said, "No; the period of incubation is from two to ten days." It may be possible—this is also a subject of inquiry—that the disease developed on board, or later. That is the opinion of my advisers, who say that the period of incubation is from two to ten days, and that it was possible the animals on board developed the disease after embarkation. I will not say whether that is so or not, but I can assure the right hon. Gentle man that this was the first thing I asked, because the question occurred to me irresistibly. It must be remembered also that the animals must have passed the officers on this side. That, too, is a question for inquiry.

May I ask the right hon. Gentleman whether it would be possible to communicate with the owners of vessels which convey these animals in order to ensure that those vessels are disinfected?

Every vessel conveying cattle from Ireland to Great Britain is disinfected after every journey.

May I ask whether the right hon. Gentleman was responsible for stopping the export of cattle from ports in Ireland which were 190, 200, and 210 miles distant from the source of the disease in Dublin?

That is a question affecting my right hon. Friend the Minister for Agriculture. I have not closed all the ports. The ports I have closed are Irish ports, and I shut down every Irish port as soon as the outbreak at Cumberland was reported.

May I ask the right hon. Gentleman whether we can have the communications which passed between him and the English authorities? I am not in the least objecting to proper pre cautions being taken; I am only objecting to panic precautions at the cost of millions of money.

In view of the statement which has been made by the Vice-President of the Board of Agriculture, may I ask the President of the Board of Agriculture in England whether the concessions which he announced earlier in the afternoon as regards the slaughter of fat cattle in certain districts of England will be immediately extended to similar classes of cattle in Ireland?

The notice I gave today allowed of the immediate slaughter of cattle brought into certain areas and certain larger towns. This is an exceptional proceeding, and I do not propose to issue a similar Order with regard to other towns at present, but I shall consider the matter at the earliest possible moment.

Can the right hon. Gentleman say what, in the view of the English authorities, is the period of incubation and when the ports will be reopened?

The period of incubation is not a matter for the Department; it is a matter for scientists to decide. Some say two days and some say ten, and I can only take what they say.

At the end of ten days, if Ireland is free from disease, will the ports be opened?

If at the end of ten days we can be sure that there is no disease in Ireland we will deal with the situation promptly. We are suffering in England also.

May I ask whether any proposal is under consideration for allowing the slaughter and exportation of Irish live stock within a reasonable period?

I understand the hon. Gentleman desires to know whether there is to be any modification of the Order, and when it may be expected that the Order which the Department has issued regarding the four counties in Ireland in respect of the Dublin Cattle Market is to be modified. We have allowed the movement of cattle within the Metropolitan area in order that they may be slaughtered by the Dublin butchers. That, at all events, will relieve things in Dublin, because the Dublin butchers have some hundreds of cattle held up.

Can the right hon. Gentleman say in what centres of the West Riding fat cattle will be allowed to be moved?

In the Wakefield area fat cattle may be slaughtered, although not marketed; and in Bradford, Halifax, Huddersfield, Leeds, Pudsey, Heckmond-wike, Ossett, Dewsbury, Batley, Brighouse, and Morley.

Having regard to the large areas in Ireland which are exempt from this disease, will the right hon. Gentleman allow cattle to be exported from other ports in Ireland than Dublin, and having regard to the fact that this is the height of the season when all the exports are held up at the present moment, could not that be done?

I am afraid I cannot say definitely that all Ireland is exempt from disease. I do not think any responsible person will undertake to say that. Until we can be sure of that we cannot undertake any undue risks.

I desire to ask the Vice-President of the Department of Agriculture for Ireland a question of which I have given him private notice, namely, whether it was with the approval and by the directions of his Department that two policemen on Monday last went to the house of a man named James Farrell, who resides at Coolderry, near Carrickmacross, and directed him not to bring his pigs, which he had slaughtered on that day, to the market at Carrickmacross yesterday, and that, yesterday, on the way to the market at Carrickmacross with the dead pigs, another constable stopped him outside the town, and endeavoured to prevent him going on with the pigs; and, if so, will he state on what authority such directions were given to the police, and will he at once take steps to warn the police as to their duty under the law so that they may not be permitted to interfere unduly with the marketing of dead stock in Ireland?

It was not done with the authority of the Department, and I can only attribute the action that was taken to the excitement which prevailed. Carrickmacross is not within the area.

Does that Order prohibiting the movement of stock within the scheduled area prohibit the movement of pigs into the area or out of it?

May I ask whether the protection which the right hon. Gentleman has just mentioned applies to Dublin and also to the suburbs?

The Order relates to the City of Dublin and the Metropolitan area, and as my hon. Friend knows, that includes almost the whole of the suburbs.

Disturbance at Cwmtillery

I beg to ask the Home Secretary a question, of which I have given him private notice, if he can now inform the House why the police charged a crowd of people at Cwmtillery who were not engaged in any riotous conduct; and whether he has been informed of the strong indignation expressed by the townspeople at the conduct of the police; and will he at once institute an inquiry into the whole matter?

The Chief Constable of Monmouthshire reports that there is a strike at the Cwmtillery collieries, and that on Friday last a large crowd marched to Cwmtillery and tried to get out the men who were working, but failed. On Monday a further demonstration took place, the crowd was large and threatening, and the windows of the manager's house were broken. Police reinforcements had to be summoned, and as they arrived in motor cars they were stoned, and a chauffeur had his head badly cut with a piece of metal. Finally the police had to charge and disperse the crowd. Such an incident naturally gives rise to some feeling, but I have no reason to think that the police acted otherwise than properly. If there is any charge against them, it would be for the Standing Joint Committee to investigate it.

Has the right hon. Gentleman any evidence or any information from anybody but the Chief Constable who was really there, as to who gave the order to charge the people. Has he not been supplied by myself with a telegram from a responsible leader of the workmen, who says that no damage was done to any property, with the exception of a single pane of glass having been broken?

My reply only purported to come from the Chief Constable. I stated at the beginning of my answer that I had received a report from him. I have also received a notice from my hon. Friend, but as I pointed out in the conclusion of my answer, if any complaint is made against the police the subject should be investigated by the Standing Joint Committee.

May I ask the right hon. Gentleman if, in face of the facts of the situation and the evidence we have, that there has been no serious rioting, he will recommend the Joint Committee of Monmouthshire to hold an inquiry such as that which is suggested?

I think the question is a little premature. When my hon. Friend hears, which he is not likely to hear, that the Standing Joint Committee are unwilling to inquire into the matter, it will be time enough to put the question.

Business of the House

May I ask if the Prime Minister can say what business will be taken on Thursday and Friday?

To-morrow we shall take Army Votes, the salary of the Secretary of State, and the Vote for the Territorials. On Friday, we shall take the Irish Department of Agriculture Vote.

Blocking Motions

Mr. Speaker, may I ask you, in pursuance of the suggestion you were good enough to make yesterday, whether you will now give a statement to the House as to the conditions and limitations of Blocking Motions?

The difficulty arose yesterday, I think, from the fact that a new practice has come in of giving notice that hon. Members will call attention to certain things on the Adjournment. I think the House will bear me out when I say that is a new practice. I was rather taken by surprise yesterday, as it was the first occasion on which a notice of that sort was given which was likely to act as a block. I have considered since yesterday the ruling that I gave, and I have come to the conclusion that, on the whole, I was right. There is one exception I have to make which I will mention later. First of all, I must draw a distinction between an oral notice and a written notice. An oral notice holds good for the day on which it is given, and, in my opinion, it cannot be withdrawn; it remains good for that day. I think hon. Members will find confirmation of that in the Manual, but it must be supplemented by a written notice if it is intended to continue effective. A written notice will not take effect until it appears on the Paper on the day following that on which it is handed in. I was a little doubtful whether a written notice took effect from the moment it was handed in at the Table or when it appeared on the Blue Paper. I was slightly misled, because I remembered there was a ruling of a predecessor of mine that any notice handed in at the Table becomes in one sense public property, as any Member is entitled to go to the Table and ask to see it. I thought that possibly made the written notice a notice from the moment it was handed in, but, on further reflection, I do not think that would be the proper deduction to draw. A written notice handed in at the Table can be withdrawn at any time before it appears on the Blue Paper the next morning. A Motion for the Adjournment of the House is blocked by a notice of intention to raise the question, even if no definite statement as to the time be made. I think that has been the rule and practice of the House for some little time, and it is not necessary for me to quote any special precedents in regard to it. The only question that remains is whether an oral notice is sufficient to act as a block on discussions in the House. That is really the point we reached yesterday. As the House will remember, it is the custom of Ministers on the first day of the Session to give notice of their intention to bring in Bills, and the object of that is to prevent discussion upon those Bills in the Debate or Amendments to the Address. That seems to me to lay down the principle that oral notice is sufficient to block discussion of the subject-matter of that oral notice. I find one case which I think is almost on all fours with what occurred yesterday. The case will be in the recollection of many hon. Members. It took place on the 28th June, 1900; the hon. Member for Westminster had written the day before a letter to the "Times" in which he criticised somewhat severely the hospital organisation in South Africa. On the 28th June the House assembled expecting he would move the Adjournment. I speak from my own recollection, when I say that hon. Gentlemen were quite expecting it would be discussed; but the right hon. Gentleman the late Mr. James Lowther rose, before questions, and gave notice that he intended to raise a discussion on that very point. He did not fix any date for the discussion, but it was held by my predecessor that the fact that he had given that oral notice was sufficient to prevent the hon. Member for Westminster from raising his question on a Motion for the Adjournment of the House, and the Leader of the House at that time, the right hon. Gentleman the Member for the City of London, in the course of some observations, referred to the fact that he had been advised that the Motion for the Adjournment could not be made, and he produced in the course of the day's sitting a Supplementary Estimate for £5, and arranged for the House to discuss that Estimate on the following day, because he thought it was desirable that the discussion should take place. That really is almost on all fours with the question raised yesterday, and, therefore, subject to what I have said with regard to written notices, I think my judgment was correct yesterday.

Arising out of the decision you have given, may I ask the Prime Minister if he will consider whether some Amendment of our Rule is not required in this respect? If I may say one word more, I would like to suggest, though it is clear the ruling which you gave yesterday follows necessarily on the ruling of your predecessor which you have cited, I think it took the House by surprise. Members were not aware of the power of blocking which they possessed. It must now be apparent there will never be an opportunity to move the Adjournment of this House unless it is unanimously desired, because, as soon as it becomes evident from the questions put to Ministers that the Motion for Adjournment is likely, some Member who may desire to block it will at once give notice to call attention to the matter at eleven o'clock. I venture to suggest to the Prime Minister that the Rule allowing Adjournment Motions will become a dead letter unless some Amendment with regard to these blocking Motions is put down.

I have long been of opinion, and have expressed it more than once, that the blocking Rule is a rule which the House would be very well advised to modify, if not altogether to abolish. I have also said, and I think I carry with me the general assent, that it cannot be done except with the general acceptance of all sections of opinion in the House. With regard to the particular point raised by the right hon. Gentleman, if I may say so, Sir, you have pointed out in the remarks you have just made from the Chair that it is in a sense a novel practice—although undoubtedly there is the precedent to which you have referred—to give notice to raise questions on the Adjournment at eleven o'clock. Speaking for myself, and I believe for the great body of Members on both sides, I think it is extremely undesirable it should be in the power of an individual Member on his own initiative, perhaps representing no body of opinion, by his own act at Question Time to prevent a discussion upon a Motion for Adjournment, which may be the only opportunity of dealing with an urgent and definite question. I think all will agree it is desirable to maintain unimpaired that power, particularly when Supply is over or is not going on. It may be the only means by which really serious administrative questions may be brought before the House. Although I should be very sorry at the moment to make any definite proposal, and, although I think the better way of dealing with the matter would be for hon. Gentlemen to voluntarily abstain from the use of this novel power, yet if it were to become more common I am quite sure the House will be obliged to deal with it.

I ought perhaps to add one word in deference to the memory of my relative, the late Mr. James Lowther. The object he had in giving notice on that particular occasion was, not to deprive the hon. Member for Westminster of his right to move the Adjournment, but in order to bring into hatred, contempt and ridicule, so far as he could, the rule in question against anticipation.

New Member Sworn

Colonel the right hon. John Edward Bernard Seely, D.S.O., for the County of Derby (Ilkeston Division).

Government of the United Kingdom

I beg to move, "That leave be given to bring in a Bill to make better provision for the Government of the United Kingdom of Great Britain and Ireland."

The object of this Bill is to make better provision for the Government of the United Kingdom of Great Britain and Ireland by devolving upon four local Parliaments in England, Scotland, Ireland and Wales the work peculiar to local administration and legislation. It might appear a somewhat large order to expound a measure of this kind in ten minutes, but the case for this Bill has already been stated much more eloquently and forcibly than I can hope to do by the Prime Minister when introducing the Government of Ireland Bill. My task is further simplified by the fact that this Bill is based upon the Government of Ireland Bill, and is an adaptation of that measure to a scheme of Home Rule all round. This Bill embodies what its promoters believe to be the essential features in the plan of the building of which the Irish Parliament is a part. I will briefly explain the principal features, mentioning the parts in which the Bill diverges from the Irish precedent. In the first place, with regard to powers, the Bill proposes, in addition to the powers specifically referred to the Imperial Parliament in the Irish Bill, to reserve the Post Office and the imposition of duties of Customs and Excise. In addition to that, it proposes to reserve to the Imperial Parliament the three following matters, namely, old age pensions, national insurance, and labour exchanges. These matters are temporarily reserved in the Irish Bill, It is probable that the reservations here need not be more than temporary, and they can be dealt with by subsequent legislation. In the meantime the reservation of these matters to the Imperial Parliament very much simplifies the problem of finance.

With regard to the composition of the local Parliaments, it is proposed that the Senate shall be retained in the case of Ireland in accordance with the wishes of the Irish representatives as declared in this House, and in accordance with the peculiar circumstances of the case. But it is proposed that in England, Scotland and Wales, the local Parliament shall consist of one Chamber only. The Members of the various Houses of Commons in each local Parliament it is proposed shall be elected by the existing constituencies with the exception of the universities. In England each constituency will return the same number of Members as at present. In Scotland, Ireland, and Wales, it is proposed that each constituency shall return one Member for the first 6,000 electors, and one additional Member for every additional 5,000 electors or portion of 5,000. This would give us a House of Commons in each local Parliament consisting of the following Members: England, 456; Scotland, 175; Ireland, 169; and Wales, 84. That gives almost exactly the result given in the Schedule to the Government of Ireland Bill. With regard to the representation of each country in the Imperial Parliament, that problem does not arise. Therefore no provision is made in regard to it. That would be a matter for subsequent legislation. The decision to reserve to the Imperial Parliament the duties of Customs and Excise involves a departure from the financial scheme of the Government of Ireland Bill, and this is perhaps the most interesting feature of the present Bill. The result of dealing with the problem as a whole is very largely to simplify the matter. The financial scheme here occupies a very small space in the Bill. It is comprised in one Clause, based chiefly upon the precedents of Canada and South Africa, as follows:—

"His Majesty shall as soon as may be after the passing of this Act appoint a Commission consisting of four Members nominated by the Imperial Treasury and one Member from each country, presided over by an officer from the Imperial Service, to institute an inquiry into the financial relations which shall exist between the United Kingdom and the countries. Pending the completion of that inquiry, and until the Parliament of the United Kingdom otherwise provides, there shall be paid annually out of the Consolidated Fund of the United Kingdom into the local exchequers the following sums: First, an amount equal to the sum provided in the Estimates in respect of the financial year 1912–13, and voted by the Parliament of the United Kingdom in the year 1912 for all the services transferred under this Act to the Government of each country; and, secondly, an amount equal in any year to £25 for every complete thousand, or portion of thousand, of the population of each country respectively, as ascertained by the Census immediately preceding that year."

There is no necessity, under this financial scheme, to make any calculation of the true revenue of each country. That problem is altogether avoided. It is merely proposed that the Imperial Parliament shall undertake the full cost of all the existing services transferred, together with a margin based on population. Each country will have further powers to raise revenue by means of direct taxation. It will have the benefit of any economies it may effect, or any savings out of the sums transferred to it, but with regard to further developments it will have to depend on revenues raised by itself. Lastly, the necessary adjustment is made to create a Court of Appeal in Wales. I have indicated very briefly the nature of the chief proposals.

That would be left to the local Parliaments. There would be nothing to prevent local Parliaments from giving votes to women. I may explain that matter more fully on the Second Reading. I hope I have said enough to show that the provisions of the Bill are interesting, and that it would be useful to have those provisions before us in view of the discussion on which we are at present engaged. I hope, therefore, the House will unanimously allow this Bill to be introduced.

I have been asked on behalf of my Ulster colleagues, to oppose this Bill. We oppose it because we are quite satisfied with the Imperial Parliament and with the Government of this country under one flag and one Constitution. We realise that the breaking up of the Empire at its heart would not be for the good of the Empire as a whole. Every other country in the world envies us our Constitution and our progress in competition with other countries. It is proposed that on a private Member's Bill we should declare to the Colonies and the Possessions beyond the seas that we are discontented here, and that we are going to split up the old United Kingdom into the parts suggested by the hon. Member. We would like to show that such a proposal is distasteful to the people of this country, and that we will not have anything to do with it. The hon. Member drew a parallel with South Africa and Australia—a parallel which is generally referred to in regard to another Bill when it is advocated in the country. That parallel is utterly wrong. In the cases of South Africa and Australia we had a cementing together or a uniting of entities into one more solid whole. Here the hon. Member proposes to take what has been accomplished in the course of centuries in the building up of this great Empire and to break it in pieces. Another reason why I should like to have a Division on this Bill is to test the sincerity of the Government in regard to their federal principles. The Government have before the House at present a Bill which they declare to be the beginning of a federal system. If that is so, the Bill now proposed is quite inconsistent with the Home Rule Bill. Seeing that the hon. Member brings in a Bill reserving to the Imperial Parliament the Post Office and other services, which under the Home Rule Bill are to be handed over, I hope the hon. Member will vote against the Government Bill, which is not on the same lines as his own. A Division will test the Government with regard to this idea of federalism, which seems to have got hold of them so strongly in the country, but which they constantly shirk in the Debates in this House. For the reasons I have given, I hope the House will vote against this Bill, thereby showing that we are prepared to stick together in this matter and to have one Parliament for the whole United Kingdom.

On a point of Order. Is there no limitation as to the scope and magnitude of a Bill which may be brought in under the Ten Minutes' Rule?

No.

Question put.

The House divided: Ayes, 264; Noes, 212.

Division No. 129.]

AYES.

[4.45 p.m.

Abraham, William (Dublin Harbour)

Agnew, Sir George William

Baker, Harold T. (Accrington)

Acland, Francis Dyke

Ainsworth, John Stirling

Baker, Joseph A. (Finsbury, E.)

Adamson, William

Alden, Percy

Baring, Sir Godfrey (Devon, Barnstaple)

Addison, Dr. C.

Arnold, Sydney

Barnes, G. N.

Barton, W.

Harmsworth, R. L. (Caithness-shire)

O'Shee, James John

Beale, Sir William Phipson

Harvey, A. G. C. (Rochdale)

O'Sullivan, Timothy

Benn, W. W. (T. Hamlets, St. George)

Harvey, T. E. (Leeds, W.)

Palmer, Godfrey Mark

Bentham, G. J.

Harvey, W. E. (Derbyshire, N.E.)

Parker, James (Halifax)

Bethell, Sir Hon. Augustine

Harwood, George

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

Black, Arthur W.

Haslam, Lewis (Monmouth)

Phillips, John (Longlord, S.)

Boland, John Pius

Hayden, John Patrick

Pirie, Duncan V.

Booth, Frederick Handel

Hayward, Evan

Pointer, Joseph

Bowerman, C. W.

Helme, Sir Norval Watson

Pollard, Sir George H.

Boyle, Daniel (Mayo, North)

Henry, Sir Charles S.

Ponsonby, Arthur A. W. H.

Brace, William

Herbert, Col. Sir Ivor (Mon., South)

Power, Patrick Joseph

Brady, Patrick Joseph

Higham, John Sharp

Price, C. E. (Edinburgh, Central)

Brocklehurst, W. B.

Hodge, John

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

Brunner, J. F. L.

Hogge, James Myles

Priestley, Sir Arthur (Grantham)

Bryce, J. Annan

Holt, Richard Durning

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

Burke, E. Haviland

Hope, John Deans (Haddington)

Primrose, Hon. Neill James

Burt, Rt. Hon. Thomas

Home, Charles Silvester (Ipswich)

Pringle, Wm. M. R.

Buxton, Noel (Norfolk, North)

Hughes, Spencer Leigh

Raffan, Peter Wilson

Byles, Sir William Pollard

Illingworth, Percy H.

Rea, Rt. Hon. Russell (South Shields)

Carr-Gemm, H. W.

Isaacs, Rt. Hon. Sir Rufus

Rea, Walter Russell (Scarborough)

Cawley, Sir Frederick (Prestwich)

Jardine, Sir John (Roxburgh)

Reddy, Michael

Cawley, Harold T. (Heywood)

Jones, Sir D. Brynmor (Swansea)

Redmond, John E. (Waterford)

Chancellor, Henry George

Jones, Edgar (Merthyr Tydvil)

Redmond, William (Clare, E.)

Chapple, Dr. W. A.

Jones, H. Haydn (Merioneth)

Richards, Thomas

Clancy, John Joseph

Jones, W. S. Glyn-(Stepney)

Richardson, Thomas (Whitehaven)

Clough, William

Jowett, F. W.

Roberts, Charles H. (Lincoln)

Clynes, John R.

Joyce, Michael

Roberts, G. H. (Norwich)

Collins, Godfrey P. (Greenock)

Keating, M.

Robertson, Sir G. Scott (Bradford)

Collins, Stephen (Lambeth)

Kellaway, Frederick George

Robertson, J. M. (Tyneside)

Compton-Rickett, Rt. Hon. Sir J.

Kelly, Edward

Roche, Augustine (Louth)

Condon, Thomas Joseph

Kennedy, Vincent Paul

Roche, John (Galway, E.)

Cornwall, Sir Edwin A.

King, J. (Somerset N.)

Rowlands, James

Cotton, William Francis

Lambert, Richard (Wilts, Cricklade)

Runciman, Rt. Hon. Walter

Cowan, W. H.

Lansbury, George

Russell, Rt. Hon. Thomas W.

Crawshay-Williams, Eliot

Lardner, James Carrige Rushe

Samuel, J. (Stockton-on-Tees)

Crumley, Patrick

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

Scanlan, Thomas

Cullinan, John

Leach, Charles

Scott, A. MacCallum (Glas., Bridgeton)

Dalziel, Sir James H. (Kirkcaldy)

Levy, Sir Maurice

Seely, Col. Rt. Hon. J. E. B.

Davies, Timothy (Lines., Louth)

Lewis, John Herbert

Smith, Albert (Lanes., Clitheroe)

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

Low, Sir F. (Norwich)

Smith, H. B. Lees (Northampton)

Dawes, J. A.

Lundon, T.

Snowden, Philip

Delany, William

Lyell, Charles Henry

Soames, Arthur Wellesley

Denman, Hon. R. D.

Lynch, A. A.

Spicer, Sir Albert

Devlin, Joseph

Macdonald, J. R. (Leicester)

Summers, James Woolley

Dewar, Sir J. A.

Macdonald, J. M. (Falkirk Burghs)

Sutherland, J. E.

Dickinson, W. H.

McGhee, Richard

Sutton, John E.

Dillon, John

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

Taylor, John W. (Durham)

Doris, W.

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

Taylor, Theodore C. (Radcliffe)

Duffy, William J.

MacVeagh, Jeremiah

Thomas, Abel (Carmarthen, E.)

Duncan, J. Hastings (York, Otley)

MacCallum, Sir John M.

Thomas, James Henry (Derby)

Edwards, Sir Francis (Radnor)

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

Thorne, G. R. (Wolverhampton)

Edwards, John Hugh (Glamorgan, Mid)

Markham, Sir Arthur Basil

Thorne, William (West Ham)

Elibank, Rt. Hon. Master of

Marshall, Arthur Harold

Toulmin, Sir George

Esmonde, Dr. John (Tipperary, N.)

Martin, Joseph

Ure, Rt. Hon. Alexander

Esmonde, Sir Thomas (Wexford, N.)

Meehan, Francis E. (Leitrim, N.)

Verney, Sir Harry

Essex, Richard Walter

Menzies, Sir Walter

Wadsworth, J.

Falconer, J.

Middlebrook, William

Walton, Sir Joseph

Farrell, James Patrick

Millar, James Duncan

Ward, John (Stoke-upon-Trent)

Fenwick, Rt. Hon. Charles

Molloy, M.

Wardle, George J.

Ferens, Rt. Hon. Thomas Robinson

Mooney, John J.

Waring, Walter

Firench, Peter

Morgan, George Hay

Wason, Rt. Hon. E. (Clackmannan)

Field, William

Worrell, Phillip

Wason, John Cathcart (Orkney)

Fitzgibbon, John

Morison, Hector

Webb, H.

Flavin, Michael Joseph

Morton, Alpheus Cleophas

White, J. Dundas (Glasgow, Tradeston)

France, G. A.

Munro, R.

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

Furness, Stephen

Murray, Capt. Hon. A. C.

White, Patrick (Meath, North)

Gelder, Sir W. A.

Nannetti, Joseph P.

Whitehouse, John Howard

Gill, A. H.

Needham, Christopher T.

Whittaker, Rt. Hon. Sir T. P.

Gladstone, W. G. C.

Neilson, Francis

Whyte, A. F. (Perth)

Glanville, H. J.

Nolan, Joseph

Wiles, Thomas

Goddard, Sir Daniel Ford

Norman, Sir Henry

Wilkle, Alexander

Goldstone, Frank

Norton, Captain Cecil W.

Williams, J. (Glamorgan)

Greenwood, Granville G. (Peterborough)

Nugent, Sir Walter Richard

Williams, P. (Middlesbrough)

Greenwood, Hamar (Sunderland)

Nuttall, Harry

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

Greig, Colonel J. W.

O'Brien, Patrick (Kilkenny)

Wilson, John (Durham, Mid.)

Griffith, Ellis Jones

O'Connor, John (Kildare, N.)

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

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

O'Connor, T. P. (Liverpool)

Wilson, W. T. (Westhoughton)

Gulland, John William

O'Donnell, Thomas

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

Gwynn, Stephen Luclus (Galway)

O'Dowd, John

Young, Samuel (Cavan, E.)

Hackett, John

Ogden, Fred

Young, W. (Perthshire, E.)

Hall, Frederick (Normanton)

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

Yoxall, Sir James Henry

Harcourt, Rt. Hon. L. (Rossendale)

O'Kelly, James (Roscommon, N.)

Harcourt, Robert V. (Montrose)

O'Malley, William

TELLERS FOR THE AYES.—Mr. Munro-Ferguson and Mr. John.

Hardie, J. Keir (Merthyr Tydvil)

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

Harmsworth, Cecil (Luton, Beds)

O'Shaughnessy, P. J.

NOES.

Agg-Gardner, James Tynte

Gastrell, Major W. Houghton

Mildmay, Francis Bingham

Amery, L. C. M. S.

Gibbs, G. A.

Mills, Hon. Charles Thomas

Anson, Rt. Hon. Sir William R.

Gilmour, Capt. John

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

Anstruther-Gray, Major William

Glazebrook, Capt. Philip K.

Morrison-Bell, Major A. C. (Honiton)

Archer-Shee, Major Martin

Goldsmith, Frank

Newdegate, F. A.

Ashley, W. W.

Gordon, John (Londonderry, South)

Newman, John R. P.

Bagot, Lieut.-Col. J.

Gordon, Hon. John Edward (Brighton)

Newton, Harry Kottingham

Baird, J. L.

Goulding, Edward Alfred

Nicholson, William G. (Petersfield)

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

Grant, James Augustus

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

Balcarres, Lord

Greene, W. R.

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

Baldwin, Stanley

Gretton, John

Paget, Almeric Hugh

Banbury, Sir Frederick George

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

Parker, Sir Gilbert (Gravesend)

Banner, John S. Harmood-

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

Pearce, William (Limehouse)

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

Gwynne, R. S. (Sussex, Eastbourne)

Pease, Herbert Pike (Darlington)

Barnston, Harry

Haddock, George Bahr

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

Barrie, H. T. (Londonderry, N.)

Hall, D. B. (Isle of Wight)

Pole-Carew, Sir R.

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

Hall, Marshall (E. Toxteth)

Pollock, Ernest Murray

Beach, Hon. Michael Hugh Hicks

Hambro, Angus Valdemar

Pretyman, Ernest George

Beckett, Hon. Gervase

Hamilton, Lord C. J. (Kensington)

Pryce-Jones, Col. E.

Benn, Arthur Shirley (Plymouth)

Hamilton, Marquess of (Londonderry)

Raphael, Sir Herbert H.

Benn, Ion Hamilton (Greenwich)

Hardy, Rt. Hon. Laurence

Ratcliff, Major R. F.

Bennett-Goldney, Francis

Harris, Henry Percy

Rees, Sir J. D.

Bentinck, Lord H. Cavendish-

Harrison-Broadley, H. B.

Remnant, James Farquharson

Beresford, Lord Charles

Helmsley, Viscount

Roberts, S. (Sheffield, Ecclesall)

Bigland, Alfred

Henderson, Major H. (Berks, Abingdon)

Ronaldshay, Earl of

Bird, A.

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

Rothschild, Lionel de

Boles, Lieut.-Col. Dennis Fortescue

Hewins, William Albert Samuel

Rutherford, John (Lanes., Darwen)

Boscawen, Sir Arthur S. T. Griffith-

Hickman, Col. Thomas E.

Salter, Arthur Claveil

Boyle, W. Lewis (Norfolk, Mid)

Hill, Sir Clement (Shrewsbury)

Samuel, Sir Harry (Norwood)

Boyton, J.

Hills, John Waller

Sanders, Robert A.

Brassey, H. Leonard Campbell

Hill-Wood, Samuel

Sanderson, Lancelot

Bridgeman, W. Clive

Hoare, S. J. G.

Sandys, G. J. (Somerset, Wells)

Bull, Sir William James

Hohler, Gerald Fitzroy

Scott, Sir S. (Marylebone, W.)

Burgoyne, Alan Hughes

Hope, Harry (Bute)

Smith, Rt. Hon. F. E. (L'Pool. Walton)

Burn, Col. C. R.

Hope, James Fitzalan (Sheffield)

Smith, Harold (Warrington)

Butcher, John George

Horne, E. (Surrey, Guildford)

Spear, Sir John Ward

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

Houston, Robert Paterson

Stanley, Hon. G. F. (Preston)

Campion, W. R.

Hunt, Rowland

Starkey, John R.

Carlile, Sir Edward Hildred

Hunter, Sir C. R. (Bath)

Stewart, Gershom

Cassel, Felix

Ingleby, Holcombe

Strauss, Arthur (Paddington, North)

Castlereagh, Viscount

Jardine, E. (Somerset, E.)

Swift, Rigby

Cautley, H. S.

Jesse, Captain H. M.

Sykes, Alan John (Ches., Knutsford)

Cecil, Evelyn (Aston Manor)

Joynson-Hicks, William

Sykes, Mark (Hull, Central)

Cecil, Lord Hugh (Oxford University)

Kerr-Smiley, Peter Kerr

Talbot, Lord Edmund

Chaloner, Col. R. G. W.

Kerry, Earl of

Terrell, George (Wilts., N.W.)

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

Keswick, Henry

Thompson, Robert (Belfast, North)

Clay, Captain H. H. Spender

Kinloch-Cooke, Sir Clement

Thomson, W. Mitchell- (Down, N.)

Clive, Captain Percy Archer

Lane-Fox, G. R.

Thynne, Lord Alexander

Coates, Major Sir Edward Feetham

Larmor, Sir J.

Touche, George Alexander

Collings, Rt. Hon. J. (Birmingham)

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

Tryon, Captain George Clement

Cooper, Richard Ashmole

Lawson, Hon. H. CT. H'mts., Mile End)

Valentia, Viscount

Courthope, G. Loyd

Lewisham, Viscount

Walrond, Hon. Lionel

Craig, Charles Curtis (Antrim, S.)

Lloyd, George Ambrose

Ward, Arnold (Herts, Watford)

Crichton-Stuart, Lord Ninian

Locker-Lampson, G. (Salisbury)

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

Cripps, Sir Charles Alfred

Locker-Lampson, O. (Ramsey)

Weigall, Captain A. G.

Croft, H. P.

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

Wheler, Granville

Dalrymple, Viscount

Long, Rt. Hon. Walter

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

Dalziel, Davison (Brixton)

Lonsdale, Sir John Brownlee

Willoughby, Major Hon. Claud

Denniss, E. R. B.

Lowe, Sir F. W. (Birm., Edgbaston)

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

Dixon, C. H.

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

Winterton, Earl of

Doughty, Sir George

Lyttelton, Hon. J. C. (Droitwich)

Wolmer, Viscount

Eyres-Monsell, Bolton M.

MacCaw, Wm. J. MacGeagh

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

Faber, George D. (Clapham)

Mackinder, H J.

Wood, John (Stalybridge)

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

Macmaster, Donald

Wright, Henry Fitzherbert

Falie, Bertram Godfray

M'Calmont, Colonel James

Wyndham, Rt. Hon. George

Fell, Arthur

M'Mordie, Robert

Yate, Col. C. E.

Finlay, Rt. Hon. Sir Robert

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

Yerburgh, Robert

Fisher, Rt. Hon. W. Hayes

Magnus, Sir Philip

Younger, Sir George

Fitzroy, Hon. Edward A.

Malcolm, Ian

Fleming, Valentine

Mallaby-Deeley, Harry

TELLERS FOR THE NOES.—Captain Craig and Mr. Moore.

Fletcher, John Samuel (Hampstead)

Mason, James F. (Windsor)

Forster, Henry William

Middlemore, John Throgmorton

Question put, and agreed to.

Bill ordered to be brought in by Mr. MacCallum Scott, Mr. Munro-Ferguson, Sir Maurice Levy, Sir Ivor Herbert, Mr. Essex, Mr. Marshall, Mr. Pirie, Mr. Pringle, Mr. Haydn Jones, and Mr. John. Presented accordingly, and read the first time; to be read a second time upon Mon day next, and to be printed.

Motor Traffic (Speed Limit)

I beg to move, "That leave be given to introduce a Bill to reduce the speed limit for motor vehicles in urban areas."

I must apologise to the House for further taking up its time, but the Bill which I wish to introduce will, I am sure, meet with almost unanimous approval in every quarter of the House. What does this Bill propose? It proposes to reduce the speed limit of motor vehicles in London and in boroughs or urban districts with a population, according to the last Census, of 20,000 to sixteen miles an hour. It places upon the Local Government Board the obligation of specifying the areas within those particular boroughs or districts which are of a definitely urban character. I submit to the House that a speed of sixteen miles an hour in crowded thoroughfares is amply sufficient. I claim that there is every necessity for a Bill of this character. Public opinion on this matter has been aroused, as is evidenced by the columns of the daily Press, which have recorded within the last week or two numerous accidents caused by mechanically-propelled vehicles in the streets of London and other urban areas. I am not going to weary the House with figures and statistics, but may I bring one fact to the notice of hon. Members in order to bear out that contention? Figures which have been drawn up show the average for 1910 within the Metropolitan Police district. Every hundred motor cabs killed five times as many persons, and injured three times as many as every hundred horse cabs; while every hundred motor omnibuses killed eight times as many persons and injured five and a-half times as many as horse omnibuses. In reply to a question a few days ago the Secretary of State for the Home Department made this statement:— Government Board to fix a particular speed limit. But I submit that a speed limit in London must be uniform; it cannot be left to particular borough councils to apply for a particular speed limit. If any reduced speed limit is to be applied in London it must be applied uniformly throughout London. That can only be done by some such Bill as this. It may further be said that a low speed limit in London is unnecessary, because it is possible to obtain convictions under Clause 1 of the Act of 1903 for reckless and dangerous driving. That may be so. But it is also the case that it is extremely difficult to prove that a driver is driving at such a speed as will endanger the public safety. In proof of that I would cite the convictions which have been obtained. In 1910 there were comparatively few summonses under Clause 1 of the Act, and 20 per cent, of those summonses were dismissed. In the same year there were a very much larger number of summonses under Clause 9—that is, for exceeding the speed limit—and only 1 per cent. were dismissed. It may be said that it would be difficult to enforce a speed limit of 16 miles an hour. If that be so, it is also difficult to enforce a speed limit of 20 miles an hour. [An HON. MEMBER: "Not at all."] The right hon. Gentleman says "No."Why—

Well, someone said so. That is an argument for no speed limit at all. [HON. MEMBERS: "Hear, hear."] Yes, but it is very interesting to note in that connection the experience of France up to date. I speak under correction, but I believe it to be the case that there has been no speed limit in Paris. Anyone who is familiar with Paris is aware of the activity that is required when crossing the streets to evade the onslaught of motor vehicles. What is it that is proposed to be done in Paris now? It is proposed at the present moment, I am credibly informed, to apply a speed limit. There is one other object which I profoundly hope this Bill, if it becomes law, will achieve, and that is that it will do something to reduce the noise caused by the inconsiderate and excessive use of warning signals at all hours of the day and night. At the present moment I have a Bill before the House which has for its object the reduction of the noises caused by motor vehicles at night. What happens at the present moment? Motor-cars, taxi-cabs and omnibuses drive furiously along the street, and in order to prevent someone coming round a corner from being run down they sound their horns or whistles or sirens furiously some 50 or 60 yards before they come to the corner. I drew the attention of the President of the Local Government Board to this matter the other day, and I asked him if he was aware that this nuisance was not on the decrease. He said he had been assured that the nuisance was on the decrease, and when I asked him on what ground the assurance was given he said he had confirmed the assurances of the police himself. It may be that the President of the Local Government Board is a very hardened sleeper, but if he will accept my invitation to spend a few nights in a particular locality near a certain street corner, I can promise him such a concert, so perpetual, prolonged and unmusical as to tax even his powers of sleep. I submit in view of the arguments I have advanced this afternoon that a Bill of this kind is necessary. It will inflict no injury upon the majority of motorists who at the present time in crowded thoroughfares do not exceed a speed limit of 16 miles, and although this Bill may not solve the whole problem, it will without unduly hampering the interests of motor traffic, be a step in the right direction.

It is a remarkable thing I confess that on the day set aside by the Government for the Debate on the Home Rule Bill two private Members upon the Liberal side of the House, and one of them a Private Secretary to a Cabinet Minister, should occupy the time of the House by two unnecessary Bills, one dealing with the whole Empire, and the other dealing with motor traffic in London. Is it that their opposition to the Home Rule Bill is such that they want to keep it off as long as they possibly can? I cannot help thinking that the hon. and gallant Gentleman has misconceived the whole case of the accidents which take place in London. He told us of a number of accidents, and he asks us to reduce the speed limit to 16 miles an hour, but he does not give us any evidence that a reduced speed limit would cause a reduction of accidents. He merely told us of the existence of accidents; he has not told us what is the fact to-day, that there are in London more fatal accidents from covered horse cars than from motor omnibuses, and that there are nearly three times as many nonfatal accidents from covered cars than from motor omnibuses. These are facts the House ought to know. A certain number of accidents necessarily arise in the conversion from horse traffic to mechanical traffic. A great change has taken place in the traction of London, but what I think the hon and gallant Gentleman has not realised is that the quicker form of traffic is demanded by the inhabitants of London. London is a commercial city; speed is money both in regard to passenger and goods traffic, and the reason mechanical traffic is taking the place of horse traffic is that mechanical traffic is cheaper and quicker. Why does not the hon. and gallant Gentleman take a hansom instead of a taxi? The hansom is more poetic and comfortable, but the reason he does not take it is that he wants to get from one place to another quickly. Only this day week I was driving in a carefully regulated 12-mile s-an-hour motor when a horse-driven vehicle went past me like a flash. That is an example of the speed at which some horses go in London.

The hon. and gallant Gentleman admitted that it is possible for any local authority to apply for a diminished speed limit in any part of London. What has been the result? Speed limits have been applied for. A speed limit was applied for in Hammersmith Broadway. An inquiry took place, and the evidence of all those who had control of the traffic was conclusive that for the purpose of getting traffic along London, it is a desirable thing to have no speed limit. If you reduce your speed limit to 16 miles an hour, it would be exceedingly difficult to enforce it, as the hon. and gallant Gentleman admitted. Speaking on behalf of a very large body of motorists, I say, "Enforce your penalties ! Punish as hard as you like any inconsiderate or reckless driver, but do not reduce the speed limit to 16 miles an hour, which would be exceedingly difficult to enforce, and which would be exceedingly detrimental to the whole traffic of London." What the hon. and gallant Gentleman does not realise is that London is a commercial city, that the streets of London exist for the traffic, and that the primary object of the streets is to enable traffic to get from one place to another, not as slowly as possible but as quickly as possible, and to enable goods to be taken between the warehouses and the railway stations as fast as possible. Perhaps the hon. and gallant Gentleman will be willing to go back to the old days of pack horses.

The hon. and gallant Gentleman wants to have a 16 mile limit. If he gets his Bill through he will want a 12 mile limit next year, and so on. The real remedy is that foot passengers on whose behalf he pleads should realise the change which has taken place.

My right hon. Friend does not seem quite to relish the idea of taking extra precautions, but it is perfectly clear that the right hon. Gentleman and other Members of this House must take more precautions in the streets of London to-day than ten years ago. They must realise a new form of traffic has arisen. I want the reactionary party opposite to realise that England is a progressive country, and that London is a progresive city, and it is perfectly clear that London will become more and more a city going in for mechanical traffic. Let us have subways; let us have more control by the police, as much of it as you like, and I think if the police would only keep the slow traffic to the near side of the street as they could do, and get the fast traffic on the middle side, there would be far fewer accidents. As one who has had some experience of these things, I want to give one fact, and that is that it is almost unprecedented in any of those cases of fatal accidents to find a jury who would convict a driver of wilful negligence. That is almost conclusive, that the accidents that take place are almost entirely the fault of the foot pasengers. [HON. MEMBERS: "Oh, oh!"] I gather some hon. Members take exception to that, but the fact is quite clear, and I challenge anybody in this House to dispute it. If hon. Members will take the trouble to go through the verdicts at coroner's inquests, they will not find one in fifty where the driver is found guilty of negligence. Only yesterday I read in the papers that the Coroner of Barnet announced that his experience was that there were less accident in his district than before motor traffic came in. In these circumstances it it impossible to allow the Bill without opposition, but I do not wish to prevent the hon. and gallant Member having the Bill read a First Time and printed.

Question put, and agreed to.

Bill ordered to be brought in by Captain Murray, Sir Godfrey Baring, Mr. Carr-Gomm, Colonel Gibbs, and Captain Waring. Presented accordingly, and read the First Time; to be read a Second Time upon Wednesday next, and to be printed.

Government of Ireland Bill

Further considered in Committee.—[ Progress, 2nd 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.

Motion made, and Question proposed [ 2nd July ], "That the Clause, as amended, stand part of the Bill."

Question again proposed. Debate resumed.

I had not myself intended to take part in the Debate upon this question, as I had already intervened on Amendments to the Clause, but I regret to say that my right hon. Friend the Senior Member for the University of Dublin (Sir E. Carson), who was speaking when the Debate was adjourned last night, is confined to his bed and unable to be here and he asked me to take his place. I am sure the Committee will regret as much as I do the absence of my right hon. and learned Friend, and still more the cause of his absence. When the Debate was adjourned last night my right hon. Friend was addressing to the Government a series of questions, questions which I hope will be answered before the Division takes place upon this matter. I hope they will be answered, because I think they are questions which gravely affect the credit of the Government in dealing with this most important part of the Bill for the Government of Ireland. My right hon. and learned Friend asked the Government why did the Foreign Secretary and the First Lord of the Admiralty, in speeches which they made, and which are well within the recollection of the Committee, unquestionably make overtures with regard to the separate treatment of Ulster under this Bill. That they did so nobody who has heard or read the Debates can for one moment doubt. The suggestions were made in a very definite form. The First Lord of the Admiralty not only made those suggestions, as the Secretary of State for Foreign Affairs has done, but he paused and said he would like to know what were the views of my right hon. and learned Friend the leader of the Irish Unionist party, who specially represents Ulster, and he said he would like to hear a continuation of the discussion by the hon. and learned Member for Waterford (Mr. John Redmond) and my right hon. Friend (Sir E. Carson).

The question was asked last night, What is the meaning of the references by these two Ministers? I was very much interested in the reports which appeared on this subject without authority in some newspapers; but it is a very significant fact that, following on those two statements, newspapers which are not usually ill-informed made it clear that they believed the question of the exclusion or special treatment of Ulster had not only been considered in the Cabinet, but that the statements made by those two Ministers were intended to suggest that there might be some other way of dealing with Ulster, and, if the resistance of Ulster were persisted in, some other way would have to be found. What was the meaning of those suggestions? If they were bonâ fide and represented the deliberate opinion of certain Members of the Ministry, how is it that since the time when these two right hon. Gentlemen addressed the House on the Second Reading of this Bill they have never favoured the House with their presence except for the purposes of a Division? Never on any occasion since that time have either of those two right hon. Gentlemen thought it worth their while to come here to listen to comments made upon the suggestions which have fallen from them on this question. It is impossible in these circumstances to believe that these right hon. Gentlemen made those deliberate suggestions without having thought them out. If they did not, I should like to ask the Government whether those proposals made by two Members of the Cabinet were intended as a trap for the Opposition. Was that the object? I do not know whether the Prime Minister could find it convenient to favour me with his attention?

If those statements were not made by those two Ministers with deliberation, and with the intention that they should be considered and adopted by the House, I should like to know whether the other suggestion is correct, that they were made as a deliberate trap for the Opposition. There is, at all events, some considerable colour for this view. An Amendment appeared in the name of the hon. Member for Cornwall, and as soon as it was apparent that that Amendment was going to receive support from this side of the House, the supporters of the Government and Members of the Government and the Press which support the Government delivered a most bitter attack upon my right hon. Friend and those who act with him and charged them with being unwilling to make these proposals for them selves and with having fallen into this particular trap and being prepared, not because they really believe in this policy, but, because they thought they might indirectly hit the Government, they had decided to support the hon. Member and desert their Unionist allies. The proposal to exclude Ulster never came from any hon. Member representing an Ulster constituency. The suggestion was never made by anyone entitled to speak on behalf of Ulster, and it would never have been made by anyone representing Ulster. It is true that the same Amendment appeared in the name of a few of my hon. Friends who do not represent Ulster, and who were not aware of the views held by Ulster people, and when they were made aware of this fact those Amendments were removed from the Paper by request, because no one who shared the views of the Ulster party and who were anxious to do their duty by Ulster was prepared to put himself in the position of demanding special treatment for Ulster. Therefore that demand on behalf of those who were held to be acting with the Ulster party was withdrawn, and their Amendments were removed from the Paper.

What was the situation at that time? This is the last occasion we shall have of commenting upon this question until we reach the Third Reading, and if the tactics which have been pursued to-day are continued, it is pretty certain that the Third Reading will be postponed for a long time. This is the last occasion on which we shall have an opportunity of discussing the precise bearings of this Bill and the effect it will have upon Ireland and upon the laws of Ireland in particular. Nobody representing Ulster or any part of it was prepared to make this demand to exclude Ulster; but they were confronted when this Amendment was moved with this situation, and I ask the Prime Minister to give his careful attention to what I am going to say. The situation with which we were confronted was that a proposal was made which did not emanate from us or from anyone entitled to speak for an Ulster constituency, but from an hon. Member on the other side of the House, who moved it in a speech which told us it was the result of his grave anxiety as to what would be the effect of trying to force this Bill on the unwilling Province of Ulster. We have asked during the Debate on this Clause not once or twice, but one hundred times in different forms if the Government have thought out the result of this Clause, and if they have considered what they will be compelled to do if they pursue their policy of carrying this Bill through and trying to force it upon a determined and unwilling Ulster. Have they asked themselves that question? If they have not, then they have no right to bring in this Bill or to try to pass it through this House. If they have asked that question, what answer have they made to?

We have asked that question repeatedly. We have had that question forced upon us in the most responsible and solemn manner by those we represent in Ulster, and we have given our answer to it. We have said to the people of Ulster, ''Holding the views you do, believing as you do that your liberties, rights, and privileges are in danger; believing as you do that no Government, however strong, and no Parliament, however tyrannical, is justified in forcing you out of the Union under which you have lived so long and to which you belong; holding those views, you will be justified in resisting with all the force at your command the attempt to compel you to do that which you believe will entail immense injury to those who come after you." We have said that they would be right in taking that action. We believe they will be right, and we believe they will do it. When we asked this question, and when we were asked what will your advice be when this attempt is made to force upon a free people shackles that they will not wear, our answer was that they will be justified in resisting. Consequent upon this came the further question what must be our advice to them when, not by their request, or by any suggestion of theirs, but by the action of a private Member of this House, the proposition is made that they shall be excluded from the Bill, which would at once relieve them from the form of government which they decline to submit to, and in their judgment would make them better able to stand by and defend their brethren in the rest of Ireland. We had to answer that second question as solemnly and seriously as the first. We had to consider what advice shall we give to them under those circumstances in order to obtain what they are determined to get by violent methods if necessary—that is, their freedom. We said we believed that the Irish Unionist party and the whole Unionist party would be justified in supporting an Amendment which came from the other side of the House under those circumstances, and we did it because we had asked and answered the question, and because we believed that the Government must have asked it of themselves, although they never answered it in this House.

Surely that is no unreasonable demand to make. Whether you like it or not, you are guilty now under this Bill of trying to force upon a powerful, a loyal, and a distinguished minority in Ireland a measure that the people of Ulster hate and detest. You are face to face with the fact that they told you that they will never accept this Bill except by force. Are you not bound not as Ministers alone, but as honourable men, to stand up and say what it is you mean to do when you have exhausted the powers of Parliament to force your Bill through here by Closure, and all the methods at your disposal, and are then face to face with the resistance of people whose history tells you that they are not easily driven. They are not men who are easily compelled to do that which they are unwilling to do. They are not men who boast of deeds which they are afraid to perform. You are face to face with this great governing factor, and surely it is not unreasonable to ask before we pass from this Clause, which is the operative governing Clause of this Bill, that you should tell us that you have asked yourselves this question and that this is the answer you have given, and that this is the policy when the time comes, if it ever does come, which you are prepared to advise the country to adopt. Before this Clause is added to the Bill, the least you can do is to tell this House and the country frankly and clearly what is the policy you ultimately mean to recommend this country to adopt.

There is one other aspect of this Clause which I wish to deal with, and then I will not trespass further upon the time of the House. I know that there is a shred or two of evidence to be produced in support of the theory that the federal policy was a part of Mr. Gladstone's policy in 1886 and 1893. After following carefully the Debates of that time, I venture to say that there was not one person in a hundred belonging to either party at that time who ever regarded Mr. Gladstone's scheme as leading up to federation. We are now told that this Bill is to be the foundation of a federal scheme. A not inconsiderable portion of our time which was intended to be devoted to the discussion of this Bill was taken up in introducing two private Members' Bills under what is known as the "Ten-Minute Rule." I listened to the speech of the hon. Member the Member for Glasgow (Mr. MacCallum Scott) in bringing in the first Bill for the creation of a federal Parliament of the United Kingdom. I am bound to say I was not able to follow the Bill very closely, because he only dealt briefly with its contents, but it did seem to me the scheme which the hon. Member proposed was in The direction of the establishment of a federal Parliament and a not by any means unworthy contribution to our knowledge on the subject. Is there any man in this House who has studied the Acts which have created our various Dominion Parliaments, and who has studied even in the most limited way the difference between a federal Parliament and a provincial Parliament both in its creation and in its action, who will deny that anyone reading the words of this first Clause would believe that you are not starting a federal and subordinate Parliament to form part of a great federal system, but that you are doing that which I believe you are in reality doing, setting up a sovereign Parliament, protecting yourselves by words which Minister after Minister has declared to be of no real avail, but which they thought it better to put in the Bill in order to make it appear the supremacy of the Imperial Parliament was maintained?

I do not pretend to know what the Government have in mind. If they believe the time has come when you should take so big a step backwards and create federal Parliaments in the countries of England, Scotland, Ireland, and Wales, the least I think they could have done would have been to make a proposal now which would have laid the foundation of a federal system. I venture to say there is nothing in this Bill which would adapt itself to a clearly thought-out, well-defined federal system. It is a little difficult to discuss a Clause which sets up a Parliament, consisting of King, Lords, and Commons, with a double Chamber, and all the rest of it, without discussing the functions that Parliament will have to perform, but obviously that would be out of order, and all I can say is that this Clause, in so far as it professes to establish a subordinate Parliament as part of a federal system, is, in my humble opinion, a sham, a fraud, and a delusion. I believe so far as it means anything it means that when this Parliament is created and set up, if it ever is, those who wish to do so will be able to point to the language of the Clause and say it is a Sovereign Parliament. I believe the Sub-section which you have inserted in order, as you say, to maintain the supremacy of the Imperial Parliament is one which, in your own words, is perfectly useless. It in reality means nothing. You are creating to-day, whether you mean it to be so or not, a weapon which will be used, and used effectively, by those who desire, not that peace and goodwill of which you talk so often, and who desire not that union and adding to the strength of the Empire for which you profess to be so anxious, but to separate and weaken the Empire. They have never concealed it is more to their advantage to preach a different doctrine, and when they have got the power which you to-day are giving them by setting up with, I believe, almost criminal folly, the Parliament they demand, they will use it, not as they say they will use it to-day, but as they have always in the past said they will use it, to make Ireland a nation with a Sovereign Parliament and weaken thereby the United Kingdom.

I have already addressed the Committee on the Question you have put from the Chair, and I certainly should not intervene again, particularly as I think there is a general feeling that it is time we came to a decision. [HON. MEMBEBS: "No, no."] That is certainly my opinion. I should not have intervened again, except out of courtesy to the right hon. Gentleman (Mr. Long) who has just sat down and the right hon. and learned Gentleman (Sir E. Carson) who spoke last night, and whose absence, and the cause of whose absence, we all most sincerely regret. I hope I shall not be tempted by the language the right hon. Gentleman has used into reopening the Second Reading discussion. When it assented to the Second Reading of this Bill the House declared emphatically its intention to create in Ireland the body which this first Clause sets up. We cannot go back upon that decision, and indeed it would be useless now to reargue the ground upon which the House deliberately, and I say emphatically, arrived at that conclusion. The whole question now before the Committee, having regard to the Question which you have put to us from the Chair, namely, that this Clause should stand part of the Bill, is whether or not the intention so expressed by the House on the Second Reading is given effect to, and properly given effect to, by the language of the Clause. There is one point, and one point only, in the right hon. Gentleman's speech to which I think it is in any way desirable or relevant to refer, and that is with regard to what he has said as to the position of Ulster. I think I detected, if I may say so without an excess of uncharitableness, an apologetical note in that part of the right hon. Gentleman's speech, because he was conscious of having, in common with his Friends, supported an Amendment coming not, I agree, from his own Friends or from that side of the House, but from an hon. Friend below the Gangway (Mr. Agar-Robartes), the effect of which would be to exclude from the operation of the Bill a small section, and only a small section, of the Irish minority. The right hon. Gentleman, I think, realises that the support which he and his Friends gave to that Amendment requires justification.

I am only trying with good temper to deal with that part of the right hon. Gentleman's speech when he said—and this is the only point with which I am concerned—repeating in more courteous language what was said by his predecessor last night—that two of my colleagues, I think the Foreign Secretary and the First Lord of the Admiralty, had used language in their speeches upon the Second Reading which, apparently by their absence from these Debates, they were not now prepared to make good. I must point out that that comment was not justifiable. I associate myself with every thing that was said by my right hon. Friends. There is no difference of opinion of any sort or! kind in the Government on the matter, and what we have said, and said throughout—and I repeat it now—is that if proposals are made consistent with the scope and purpose of this Bill—[HON. MEMBERS: "Oh! oh."]—yes, consistent with the scope and purpose of this Bill proposals honestly put forward on the part of Ulster for such special treatment as she thinks—

Put forward from Ulster, and those who speak for Ulster—that is a different thing—if proposals are put forward which are consistent with the general scope and purpose of this Bill, and put forward with the honest intention of being accepted as part and parcel of an arrangement which would give to Ireland self-government, then there is nobody on these benches who is not perfectly prepared, and has not been throughout perfectly prepared to consider such proposals.

I am not quoting his exact words, and I have not got them here, but that was the intention and effect of what has been said, and said repeatedly on these benches throughout. I will deal with another aspect of the matter before I sit down. What is the situation? Both of my right hon. Friends are seriously engaged in their arduous administrative duties, and it is no part of their duty to sit here during the Committee stage of this Bill and listen to all the argument from one side or the other. That is a totally new view of the functions of a Minister of the Crown in these days. If my right hon. Friends had been here and had listened, as I have listened, to these discussions, would they have heard any proposal or suggestion from anybody authorised to represent Ulster in the sense or direction I have indicated? They would have heard nothing of the kind. On the contrary, they would have heard what has been repeated over and over again, that no special provision you could make for the treatment of Ulster would reconcile the hostility of the representatives of Ulster to the Bill as a whole.

Yes, and here is an Ulster Member who says "Hear, hear." And they would have come to the conclusion, at which we must all come to now, that the claim of Ulster in this matter is not a claim that due regard should be had to the interests of a minority, not a claim to be protected against possible oppression and persecution, but a claim on behalf of a minority, and comparatively a small minority, of the population of Ireland to veto the wishes and frustrate the aspirations of a great mass of the Irish people. That is a claim which this House negatived when it passed the Second Reading of this Bill, and we should be foolish now and false to our professions and purpose to go back on that decision. It is said that one or other of my colleagues has pointed out that the resistance of Ulster, if Ulster ultimately rebels, would be a very serious matter which would have to be taken into account and for which some special provision would have to be made. When we are asked, as we are asked to-day, what measures, in a hypothetical state of facts which we do not believe will arise, we should propose to take, I say that is asking a question which the right hon. Gentleman is not entitled to ask, and which we are not bound to answer. For my part, I repeat here—I have answered the question over and over again, and I am almost ashamed to repeat myself once more, but I must do so since I am asked the question—and I say most emphatically I have far too strong a confidence in the essential unity of sentiment and interest on the part of the Irish people not to believe that when a great measure of national self-government like this receives the assent of the Imperial Parliament—though it may be a slow and difficult process, a process attended by friction, and possibly by disagreeable incidents at this stage or that—I have the utmost confidence that in Ireland, as elsewhere, in Ulster no less than in other parts of Ireland, the enthusing, unifying, and solidifying influences of self-government will make this Bill as accept able to them, and to Ireland as a whole, as a great national settlement.

I have hardly taken any part in the discussion of this Bill so far, and I hope the Committee will allow me to say a few words on the observations which have just fallen from the right hon. Gentleman. I have not before me the exact speeches of his two colleagues to which allusion has been made, but I am in the recollection of the Committee when I say that in dealing with the question of Ulster both of them recognised the depth of hostility which Ulster feels to this Bill or anything like this Bill, and the gravity of the situation which may arise through that hostility, and both of them indicated a willingness to avert the hostility if it were possible to do so. They indicated that there were suggestions in their minds, in the mind of the Government, which offered some via media , something between this Bill and the continuation of the present state of things. What we have asked is that they should lay their cards on the table. This is too grave a matter for finessing. If the Government have proposals surely they should disclose them. If those Ministers really had something in their minds, and meant something by what they said, they ought to lay their scheme before the parties concerned in order that they may consider it. On the contrary, the right hon. Gentleman the Prime Minister declines to give any indication of what they meant or of what the Government will do. He is steering this country straight for disaster. He declares a confidence for which he has no justification, and shows none, that the men of Ulster do not mean what they say or will not continue to hold the same opinion. Is that the opinion of the First Lord of the Admiralty? Was it his opinion when he spoke on the Second Reading? Is it or was it the opinion of the Secretary of State? No, Sir, they recognised then—

"if Ulster defeats the solution which we propose, or makes it impossible, we cannot afford to continue the present state of affairs. Some other solution will have to be found which will free this House, and put the control of Irish affairs in Irish hands."—[OFFICIAL REPORT, 2nd May, 1912. col. 2096, Vol. XXXVII.]

What is the other solution? What is the alternative? Why cannot we have it? Why do you insist that Ulster shall resist before you disclose your plan? Why do you call for rebellion in order that we may get at what is in your mind? Why can you not, as I say, drop this finessing and lay your cards on the table and say what are your proposals. Persistence in the course which the Government are pursuing is, I say, steering this country straight to disaster. It is encouraging, more than encouraging: it is calling for resistance from Ulster. It is not the part of wise statesmanship to tell the men of Ulster that you do not believe they mean what they say, that you will not believe it until they show it, but, if they do show it, then you will yield to them what you are refusing now. I make one more appeal to the Government not to rest content with the attitude they have adopted, but to take the people of Ulster and this House into their confidence at once, and produce the solution which their colleagues admit will ultimately have to be found.

rose in his place, and claimed to move, "That the question be now put."

Question put, "That the question be now put."

(speaking seated and covered): Is it fair that an Ulster man should not have the right of replying to statements made?

:I think it is grossly unfair, I give notice that the next time the Prime Minister speaks, I will move the Closure.

On a point of Order. Are the deliberations of this House, so far as Home Rule is concerned, to be carried on in this manner? Are we not to get a fair chance of arguing our case? Is the Prime Minister and the Government and the Chair against our case? I ask this point, and I insist on an answer. Unless we get some fair play in this House it is most unfair.

On a point of Order. May we have the question put again under the Standing Orders? I did not hear it.

(seated and covered): Some of us did not hear the question put. Are we not entitled to have it put again?

The Committee divided: Ayes, 312; Noes, 223.

Division No. 130.]

AYES.

[5.50 p.m.

Abraham, William (Dublin Harbour)

Cameron, Robert

Esmonde, Sir Thomas (Wexford, N.)

Acland, Francis Dyke

Carr-Gomm, H. W.

Essex, Richard Walter

Adamson, William

Cawley, Sir Frederick (Prestwich)

Falconer, J.

Agnew, Sir George William

Cawley, Harold T. (Heywood)

Farrell, James Patrick

Ainsworth, John Stirling

Chancellor, Henry George

Fenwick, Rt. Hon. Charles

Alden, Percy

Chapple, Dr. W. A.

Ferens, Rt. Hon. Thomas Robinson

Arnold, Sydney

Clancy, John Joseph

Ffrench, Peter

Asquith, Rt. Hon. Herbert Henry

Clough, William

Field, William

Baker, H. T. (Accrington)

Clynes, John R.

Fitzgibbon, John

Baker, Joseph A. (Finsbury, E.)

Collins, G. P. (Greenock)

Flavin, Michael Joseph

Balfour, Sir Robert (Lanark)

Collins, Stephen (Lambeth)

France, G. A.

Baring, Sir Godfrey (Barnstaple)

Compton-Rickett, Rt. Hon. Sir J.

Furness, Stephen

Barnes, George N.

Condon, Thomas Joseph

Gelder, Sir William Alfred

Barton, W.

Cornwall, Sir Edwin A.

George, Rt. Hon. D. Lloyd

Beale, Sir William Phipson

Cotton, William Francis

Gill, A. H.

Beauchamp, Sir Edward

Crawshay-Williams, Eliot

Ginnell, L.

Beck, Arthur Cecil

Crumley, Patrick

Gladstone, W. G. C.

Benn, W. W. (T. H'mts., St. George)

Cullinan, John

Glanville, H. J.

Bentham, George Jackson

Dalziel, Sir James H. (Kirkcaldy)

Goddard, Sir Daniel Ford

Bethell, Sir John Henry

Davies, Timothy (Lines., Louth)

Goldstone, Frank

Birrell, Rt. Hon. Augustine

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

Greenwood, Granville G. (Peterborough)

Black, Arthur W.

Davies, M. Vaughan- (Cardigan)

Greenwood, Hamar (Sunderland)

Boland, John Pius

Dawes, J. A.

Greig, Col. J. W.

Booth, Frederick Handel

De Forest, Baron

Griffith, Ellis Jones

Bowerman, C. W.

Delany, William

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

Boyle, D. (Mayo, N.)

Denman, Hon. R. D.

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

Brace, William

Devlin, Joseph

Gwynn, Stephen Luclus (Galway)

Brady, Patrick Joseph

Dickinson, W. H.

Hackett, J.

Brocklehurst, W. B.

Dillon, John

Hall, Frederick (Normanton)

Brunner, J. F. L.

Doris, W.

Harcourt, Rt. Hon. L. (Rossendale)

Bryce, J. Annan

Duffy, William J.

Harcourt, Robert V. (Montrose)

Buckmaster, Stanley O.

Duncan, J. Hastings (York, Otley)

Hardie, J. Keir

Burke, E. Haviland-

Edwards, Sir Francis (Radnor)

Harmsworth, Cecil (Luton, Beds)

Burt, Rt. Hon. Thomas

Edwards, John Hugh (Glamorgan, Mid)

Harmsworth, R. L. (Caithness-shire)

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

Elibank, Rt. Hon. Master of

Harvey, A. G. C. (Rochdale)

Bytes, Sir William Pollard

Esmonde, Dr. John (Tipperary)

Harvey, T. E. (Leeds, W.

Harvey, W. E. (Derbyshire, N.E.)

Masterman, C. F. G.

Roch, Walter F. (Pembroke)

Harwood, George

Meagher, Michael

Roche, Augustine (Louth)

Haslam, James (Derbyshire)

Meehan, Francis E. (Leitrim, N.)

Roche, John (Galway, E.)

Haslam, Lewis (Monmouth)

Menzies, Sir Walter

Rose, Sir Charles Day

Hayden, John Patrick

Middlebrook, William

Rowlands, James

Hayward, Evan

Millar, James Duncan

Rowntree, Arnold

Hazleton, Richard (Galway, N.)

Molloy, M.

Runciman, Rt. Hon. Walter

Healy, Timothy Michael (Cork, East)

Mooney, J. J.

Russell, Rt. Hon. Thomas W.

Helme, Sir Norval Watson

Morgan, George Hay

Samuel, J. (Stockton-on-Tees)

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

Morrell, Philip

Samuel, Sir Stuart M. (Whitechapel).

Henry, Sir Charles

Morison, Hector

Scanlan, Thomas

Herbert, Col. Sir Ivor (Mon., S.)

Morton, Alpheus Cleophas

Schwann, Rt. Hon. Sir C. E.

Higham, John Sharp

Munro, R.

Scott, A. MacCallum (Glas., Bridgeton)

Hinds, John

Munro-Ferguson, Rt. Hon A. C.

Seely, Rt. Hon. Col. J. E. B.

Hobhouse, Rt. Hon. Charles E. H.

Murray, Captain Hon. A. C.

Sheehan, Daniel Daniel

Hodge, John

Nannetti, Joseph P.

Sheehy, David

Hogge, James Myles

Needham, Christopher T.

Sherwell, Arthur James

Holmes, Daniel Turner

Neilson, Francis

Simon, Sir John Allsebrook

Holt, Richard Durning

Nolan, Joseph

Smith, Albert (Lanes., Clitheroe)

Hope, John Deans (Haddington)

Norman, Sir Henry

Smith, H. B. L. (Northampton)

Home, Charles Silvester (Ipswich)

Norton, Captain Cecil W.

Smyth, Thomas F. (Leitrim, S.)

Hughes, S. L.

Nugent, Sir Walter Richard

Snowden, P.

Isaacs, Rt. Hon. Sir Rufus

Nuttall, Harry

Soames, Arthur Wellesley

Jardine, Sir John (Roxburghshire)

O'Brien, Patrick (Kilkenny)

Spicer, Sir Albert

John, Edward Thomas

O'Brien, William (Cork)

Summers, James Woolley

Jones, Sir D. Brynmor (Swansea)

O'Connor, T. P. (Liverpool)

Sutherland, J. E.

Jones, Edgar (Merthyr Tydvil)

O'Connor, John (Kildare, N.)

Sutton, J. E.

Jones, H. Haydn (Merioneth)

O'Doherty, Philip

Taylor, John W. (Durham)

Jones, William (Carnarvonshire)

O'Donnell, Thomas

Taylor, Theodore C. (Radcliffe)

Jones, W. S. Glyn- (T. H'mts, Stepney)

O'Dowd, John

Tennant, Harold

Jowett, F. W.

Ogden, Fred

Thomas, Abel (Carmarthen, E.)

Joyce, Michael

O'Grady, James

Thomas, J. H. (Derby)

Keating, M.

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

Thorne, G. R. (Wolverhampton)

Kellaway, Frederick George

O'Kelly, James (Roscommon, N.)

Thorne, William (West Ham)

Kelly, Edward

O'Malley, William

Toulmin, Sir George

Kennedy, Vincent Paul

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

Trevelyan, Charles Philips

King, J.

O'Shaughnessy, P. J.

Ure, Rt. Hon. Alexander

Lamb, Ernest Henry

O'Shee, James John

Verney, Sir Harry

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

O'Sullivan, Timothy

Wadsworth, J.

Lambert, Richard (Wilts, Cricklade)

Palmer, Godfrey Mark

Walton, Sir Joseph

Lansbury, George

Parker, James (Halifax)

Ward, John (Stoke-upon-Trent)

Lardner, James Carrige Rushe

Pearce, Robert (Staffs, Leek)

Wardle, George J.

Law, Hugh A. (Donegal, West)

Pearce, William (Limehouse)

Waring, Walter

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

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

Warner, Sir Thomas Courtenay

Leach, Charles

Philipps, Col. Ivor (Southampton)

Wason, Rt. Hon. E. (Clackmannan)

Levy, Sir Maurice

Phillips, John (Longford, S.)

Wason, John Cathcart (Orkney)

Lewis, John Herbert

Pirie, Duncan V.

Webb, H.

Lough, Rt. Hon. Thomas

Pointer, Joseph

White, J. Dundas (Glasgow, Tradeston)

Low, Sir F. (Norwich)

Pollard, Sir George H.

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

Lundon, T.

Ponsonby, Arthur A. W. H.

White, Patrick (Meath, North)

Lyell, Charles Henry

Power, Patrick Joseph

Whittaker, Rt. Hon. Sir Thomas P.

Lynch, Arthur Alfred

Price, C. E. (Edinburgh, Central)

Whyte, A. F.

Macdonald, J. R. (Leicester)

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

Wiles, Thomas

Macdonald. J. M. (Falkirk Burghs)

Priestley, Sir Arthur (Grantham)

Wilkie, Alexander

MacGhee, Richard

Primrose, Hon. Neil James

Williams, J. (Glamorgan)

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

Pringle, William M. R.

Williams, Llewelyn (Carmarthen)

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

Radford, G. H.

Williams, Penry (Middlesbrough)

Macpherson, James Ian

Raffan, Peter Wilson

Williamson, Sir A.

MacVeagh, Jeremiah

Raphael, Sir Herbert H.

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

McCallum, Sir John M.

Rea, Rt. Hon. Russell (South Shields)

Wilson, John (Durham, Mid.)

M'Kean, John

Rea, Walter Russell (Scarborough)

Wilson, W. T. (Westhoughton)

McKenna, Rt. Hon. Reginald

Reddy, Michael

Winfrey, Richard

M'Micking, Major Gilbert

Redmond, John E. (Waterford)

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

Manfield, Harry

Redmond, William (Clare, E.)

Young, Samuel (Cavan, E.)

Markham, Sir Arthur Basil

Richardson, Thomas (Whitehaven)

Young, William (Perth, East)

Marks, Sir George Croydon

Roberts, Charles H. (Lincoln)

Yoxall, Sir James Henry

Marshall, Arthur Harold

Roberts, George H. (Norwich)

Martin, Joseph

Robertson, Sir G. Scott (Bradford)

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

Mason, David M. (Coventry)

Robertson, John M. (Tyneside)

NOES.

Agg-Gardner, James Tynte

Banbury, Sir Frederick George

Beresford, Lord C.

Anson, Rt. Hon. Sir William R.

Banner, John S. Harmood-

Bigland, Alfred

Anstruther-Gray, Major William

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

Bird, A.

Archer-Shee, Major M.

Barnston, H.

Boles, Lieut.-Col. Dennis Fortescue

Ashley, Wilfrid W.

Barrie, H. T. (Londonderry, N.)

Boscawen, Sir Arthur S. T. Griffith-

Bagot, Lieut-Col. J.

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

Boyle, W. Lewis (Norfolk, Mid)

Baird, J. L.

Beach, Hon. Michael Hugh Hicks

Boyton, James

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

Beckett, Hon. Gervase

Brassey, H. Leonard Campbell

Balcarres, Lord

Benn, Arthur Shirley (Plymouth)

Bull, Sir William James

Baldwin, Stanley

Benn, Ion Hamilton (Greenwich)

Burdett-Coutts, W.

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

Bennett-Goldney, Francis

Burgoyne, Alan Hughes

Burn, Col. C. R.

Hamilton, Marquess of (Londonderry)

Paget, Almeric Hugh

Butcher, J. G.

Hardy, Rt. Hon. Laurence

Parker, Sir Gilbert (Gravesend)

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

Harris, Henry Percy

Parkes, Ebenezer

Campion, W. R.

Harrison-Broadley, H. B.

Pease, Herbert Pike (Darlington)

Carlile, Sir Edward Hildred

Helmsley, Viscount

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

Cassel, Felix

Henderson, Major H. (Berks, Abingdon)

Pole-Carew, Sir R.

Castlereagh, Viscount

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

Pollock, Ernest Murray

Cater, John

Hewins, William Albert Samuel

Pryce-Jones, Colonel E.

Cautley, H. S.

Hickman, Colonel Thomas E.

Quitter, Sir William Eley C.

Cave, George

Hill, Sir Clement L. (Shrewsbury)

Ratcliff, Major R. F.

Cecil, Evelyn (Aston Manor)

Hills, John Waller (Durham)

Rawlinson, John Frederick Peel

Cecil, Lord Hugh (Oxford Univ.)

Hill-Wood, Samuel

Rees, Sir J. D.

Cecil, Lord R. (Herts, Hitchin)

Hoare, S. J. G.

Remnant, James Farquharson

Chaloner, Col. R. G. W.

Hohler, Gerald Fitzroy

Roberts, S. (Sheffield, Ecclesall)

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

Hope, Harry (Bute)

Ronaldshay, Earl of

Clay, Captain H. H. Spender

Hope, James Fitzalan (Sheffield)

Rothschild, Lionel de

Clive, Captain Percy Archer

Horne, E. (Surrey, Guildford)

Rutherford, John (Lancs., Darwen)

Coates, Major Sir Edward Feetham

Houston, Robert Paterson

Salter, Arthur Clavell

Collings, Rt. Hon. J. (Birmingham)

Hume-Williams, William Ellis

Samuel, Sir Harry (Norwood)

Cooper, Richard Ashmole

Hunt, Rowland

Sanders, Robert A.

Cory, Sir Clifford John

Hunter, Sir C. R. (Bath)

Sanderson, Lancelot

Courthope, G. Loyd

Ingleby, Holcombe

Sandys, G. J. (Somerset, Wells)

Craig, Charles Curtis (Antrim, S.)

Jardine, E. (Somerset, E.)

Scott, Sir S. (Marylebone, W.)

Craig, Captain James (Down, E.)

Jessel, Captain H. M.

Smith, Rt. Hon. F. E. (L'p'l. Walton)

Craik, Sir Henry

Joynson-Hicks, William

Smith, Harold (Warrington)

Crichton-Stuart, Lord Ninian

Kerr-Smiley, Peter Kerr

Spear, Sir John Ward

Cripps, Sir C. A.

Kerry, Earl of

Stanley, Hon. G. F. (Preston)

Croft, H. P.

Keswick, Henry

Starkey, John Ralph

Dalrymple, Viscount

Kimber, Sir Henry

Stewart, Gershom

Dalziel, Davison (Brixton)

Kinloch-Cooke, Sir Clement

Strauss, Arthur (Paddington, North)

Denniss, E. R. B.

Lane-Fox, G. R.

Swift, Rigby

Dixon, Charles Harvey

Larmor, Sir J.

Sykes, Alan John (Ches., Knutsford)

Doughty, Sir George

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

Sykes, Mark (Hull, Central)

Duke, Henry Edward

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

Terrell, George (Wilts, N.W.)

Eyres-Monsell, B. M.

Lewisham, Viscount

Terrell, Henry (Gloucester)

Faber, George D. (Clapham)

Lloyd, George Ambrose

Thompson, Robert (Belfast, North)

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

Locker-Lampson, G. (Salisbury)

Thomson, W. Mitchell- (Down, N.)

Falle, Bertram Godfray

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

Thynne, Lord Alexander

Fell, Arthur

Long, Rt. Hon. Walter

Touche, George Alexander

Finlay, Rt. Hon. Sir Robert.

Lonsdale, Sir John Brownlee

Tryon, Captain George Clement

Fisher, Rt. Hon. W. Hayes

Lowe, Sir F. W. (Birm., Edgbaston)

Valentia, Viscount

Fitzroy, Hon. Edward A.

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

Walrond, Hon. Lionel

Flannery, Sir J. Fortescue

Lyttelton, Hon. J. C. (Droitwich)

Ward, Arnold (Herts, Watford)

Fleming, Valentine

MacCaw, Wm. J. MacGeagh

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

Fletcher, John Samuel (Hampstead)

Mackinder, Halford J.

Weigall, Captain A. G.

Gastrell, Major W. H.

Macmaster, Donald

Wheler, Glanville C. H.

Gibbs, G. A.

M'Calmont, Colonel James

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

Gilmour, Captain J.

M'Mordie, Robert

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

Glazebrook, Capt. Philip K.

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

Willoughby, Major Hon. Claud

Goldman, C. S.

Magnus, Philip

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

Goldsmith, Frank

Mallaby-Deeley, Harry

Winterton, Earl

Gordon, John (Londonderry, South)

Malcolm, Ian

Wolmer, Viscount

Gordon, Hon. John Edward (Brighton)

Mason, James F. (Windsor)

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

Goulding, E. A.

Middlemore, John Throgmorton

Wood, John (Stalybridge)

Grant, J. A.

Mildmay, Francis Bingham

Wortley, Rt. Hon. C. B. (Stalybridge)

Greene, Walter Raymond

Mills, Hon. Charles Thomas

Wright, Henry Fitzherbert

Gretton, John

Moore, William

Wyndham, Rt. Hon. George

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

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

Yate, Colonel C. E.

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

Neville, Reginald J. N.

Yerburgh, Robert

Gwynne, R. S. (Sussex, Eastbourne)

Newdegate, F. A.

Younger, Sir George

Haddock, George B.

Newman, John R. P.

Hall, D. B. (Isle of Wight)

Newton, Harry Kottingham

Hall, Marshall (E. Toxteth)

Nicholson, Wm. G. (Petersfield)

TELLERS FOR THE NOES.—Lord E. Talbot and Mr. Bridgeman.

Hambro, Angus Valdemar

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

Hamilton, Lord C. J. (Kensington)

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

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

The Committee divided: Ayes, 316; Noes, 224.

Division No. 131.]

AYES.

[6.5 p.m.

Abraham, William (Dublin Harbour)

Balfour, Sir Robert (Lanark)

Birrell, Rt. Hon. Augustine

Acland, Francis Dyke

Baring, Sir Godfrey (Barnstaple)

Black, Arthur W.

Adamson, William

Barnes, George N.

Boland, John Pius

Agnew, Sir George William

Barton, W.

Booth, Frederick Handel

Ainsworth, John Stirling

Beale, Sir William Phipson

Bowerman, C. W.

Alden, Percy

Beauchamp, Sir Edward

Boyle, Daniel (Mayo, North)

Arnold, Sydney

Beck, Arthur

Brace, William

Asquith, Rt. Hon. Herbert Henry

Benn, W. W. (T. H'mts., St. George)

Brady, Patrick Joseph

Baker, H. T. (Accrington)

Bentham, G. J

Brocklehurst, William B.

Baker, Joseph Allen (Finsbury, E.)

Bethell, Sir John Henry

Brunner, John F. L.

Bryce, J. Annan

Hayward, Evan

Norman, Sir Henry

Buckmaster, Stanley O.

Hazleton, Richard (Galway, N.)

Norton, Captain Cecil William

Burke, E. Haviland-

Healy, Timothy Michael (Cork, East)

Nugent, Sir Walter Richard

Burt, Rt. Hon. Thomas

Helme, Sir Norval Watson

Nuttall, Harry

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

Henderson, Arthur (Durham)

O'Brien, Patrick (Kilkenny)

Byles, Sir William Pollard

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

O'Brien, William (Cork)

Cameron, Robert

Henry, Sir Charles S.

O'Connor, John (Kildare, N.)

Carr-Gomm, H. W.

Herbert, Col. Sir Ivor (Mon., S.)

O'Connor, T. P. (Liverpool)

Cawley, Sir Frederick (Prestwich)

Higham, John Sharp

O'Doherty, Philip

Cawley, Harold T. (Heywood)

Hinds, John

O'Donnell, Thomas

Chancellor, Henry George

Hobhouse, Rt. Hon. Charles E. H.

O'Dowd, John

Chapple, Dr. William Allen

Hodge, John

Ogden, Fred

Clancy, John Joseph

Hogge, James Myles

O'Grady, James

Clough, William

Holmes, Daniel Turner

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

Clynes, John R.

Holt, Richard Durning

O'Kelly, James (Roscommon, N.)

Collins, Godfrey P. (Greenock)

Hope, John Deans (Haddington)

O'Malley, William

Collins, Stephen (Lambeth)

Home, C. Silvester (Ipswich)

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

Compton-Rickett, Rt. Hon. Sir J.

Hughes, Spencer Leigh

O'Shaughnessy, P. J.

Condon, Thomas Joseph

Isaacs, Rt. Hon. Sir Rufus

O'Shee, James John

Cornwall, Sir Edwin A.

Jardine, Sir John (Roxburghshire)

O'Sullivan, Timothy

Cotton, William Francis

John, Edward Thomas

Palmer, Godfrey Mark

Cowan, W. H.

Jones, Sir D. Brynmor (Swansea)

Parker, James (Halifax)

Crawshay-Williams, Eliot

Jones, Edgar R. (Merthyr Tydvil)

Pearce, Robert (Staffs, Leek)

Crumley, Patrick

Jones, H. Haydn (Merioneth)

Pearce, William (Limehouse)

Cullinan, J.

Jones, William (Carnarvonshire)

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

Dalziel, Sir James H. (Kirkcaldy)

Jones, W. S. Glyn- (T. H'mts, Stepney)

Philipps, Col. Ivor (Southampton)

Davies, Timothy (Lines., Louth)

Jowett, Frederick William

Phillips, John (Longford, S.)

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

Joyce, Michael

Pointer, Joseph

Davies, M. Vaughan- (Cardigan)

Keating, Matthew

Pollard, Sir George H.

Dawes, J. A.

Kellaway, Frederick George

Ponsonby, Arthur A. W. H.

De Forest, Baron

Kelly, Edward

Power, Patrick Joseph

Delany, William

Kennedy, Vincent Paul

Price, C. E. (Edinburgh, Central)

Denman, Hon. R. D.

King, Joseph (Somerset, North)

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

Devlin, Joseph

Lamb, Ernest Henry

Priestley, Sir Arthur (Grantham)

Dewar, Sir J. A.

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

Primrose, Hon. Neil James

Dickinson, W. H.

Lambert, Richard (Wilts, Cricklade)

Pringle, William M. R.

Dillon, John

Lansbury, George

Radford, George Heynes

Doris, William

Lardner, James Carrige Rushe

Rattan, Peter Wilson

Duffy, William J.

Law, Hugh A. (Donegal, West)

Raphael, Sir Herbert H.

Duncan, J. Hastings (York, Otley)

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

Rea, Rt. Hon. Russell (South, Shields)

Edwards, Sir Francis (Radnor)

Leach, Charles

Rea, Walter Russell (Scarborough)

Edwards, John Hugh (Glamorgan, Mid)

Levy, Sir Maurice

Reddy, Michael

Elibank, Rt. Hon. Master of

Lewis, John Herbert

Redmond, John E. (Waterford)

Esmonde, Dr. John (Tipperary, N.)

Lough, Rt. Hon. Thomas

Redmond, William (Clare, E.)

Esmonde, Sir Thomas (Wexford, N.)

Low, Sir Frederick (Norwich)

Richardson, Thomas (Whitehaven)

Essex, Richard Walter

Lundon, Thomas

Roberts, Charles H. (Lincoln)

Falconer, J.

Lyell, Charles Henry

Roberts, George H. (Norwich)

Farrell, James Patrick

Lynch, Arthur Alfred

Robertson, Sir G. Scott (Bradford)

Fenwick, Rt. Hon. Charles

Macdonald, J. Ramsay (Leicester)

Robertson, J. M. (Tyneside)

Ferens, Rt. Hon. Thomas Robinson

Macdonald, J. M. (Falkirk Burghs)

Roch, Walter (Pembroke)

Ffrench, Peter

McGhee, Richard

Roche, Augustine (Louth)

Field, William

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

Roche, John (Galway, E.)

Fitzgibbon, John

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

Rose, Sir Charles Day

Flavin, Michael Joseph

Macpherson, James Ian

Rowlands, James

France, Gerald Ashburnar

MacVeagh, Jeremiah

Rowntree, Arnold

Furness, Stephen W.

McCallum, Sir John M.

Runciman, Rt. Hon. Walter

Gelder, Sir W. A.

M'Kean, John

Russell, Rt. Hon. Thomas W.

George, Rt. Hon. D. Lloyd

McKenna, Rt. Hon. Reginald

Samuel, J. (Stockton-on-Tees)

Gill, A. H.

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

Samuel, Sir Stuart M. (Whitechapel)

Ginnell, Laurence

M'Micking, Major Gilbert

Scanian, Thomas

Gladstone, W. G. C.

Manfield, Harry

Schwann, Rt. Hon. Sir Charles E.

Glanville, H. J.

Markham, Sir Arthur Basil

Scott, A. MacCallum (Glas., Bridgeton)

Goddard, Sir Daniel Ford

Marks, Sir George Croydon

Seely, Colonel Rt. Hon. J. E. B.

Goldstone, Frank

Marshall, Arthur Harold

Sheehan, Daniel Daniel

Greenwood, Granville G. (Peterborough)

Martin, Joseph

Sheehy, David

Greenwood, Hamar (Sunderland)

Mason, David M. (Coventry)

Sherwell, Arthur James

Greig, Colonel James William

Masterman, C. F. G.

Simon, Sir John Allsebrook

Griffith, Ellis James

Meagher, Michael

Smith, Albert (Lanes., Clitheroe)

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

Meehan, Francis E. (Leitrim, N.)

Smith, H. B. Lees (Northampton)

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

Menzies, Sir Walter

Smyth, Thomas F. (Leitrim, S.)

Gwynn, Stephen Lucius (Galway)

Middlebrook, William

Snowden, Philip

Hackett, J.

Millar, James Dunsan

Soames, Arthur Wellesley

Hall, Frederick (Normanton)

Molloy, Michael

Spicer, Sir Albert

Harcourt, Rt. Hon. L. (Rossendale)

Mooney, John J.

Summers, James Woolley

Harcourt, Robert V. (Montrose)

Morgan, George Hay

Sutherland, John E.

Hardle, J. Keir (Merthyr Tydvil)

Morrell, Philip

Sutton, John E.

Harmsworth, Cecil (Luton, Beds)

Morison, Hector

Taylor, John W. (Durham)

Harmsworth, R. L. (Calthness-shire)

Morton, Alpheus Cleophas

Taylor, Theodore C. (Radcliffe)

Harvey, A. G. C. (Rochdale)

Munro, Robert

Tennant, Harold John

Harvey, T. E. (Leeds, W.)

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

Thomas, Abel (Carmarthen, E.)

Harvey, W. E. (Derbyshire, N.E.)

Murray, Captain Hon. Arthur C.

Thomas, James Henry (Derby)

Harwood, George

Nannetti, Joseph P.

Thorne, G. R. (Wolverhamptsn)

Haslam, James (Derbyshire)

Needham, Christopher T.

Thorne, William (West Ham)

Haslam, Lewis (Monmouth)

Nellson, Francis

Toulmin, Sir George

Hayden, John Patrick

Nolan, Joseph

Trevelyan, Charles Philips

Ure, Rt. Hon. Alexander

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

Wilson, John (Durham, Mid.)

Verney, Sir Harry

White, Patrick (Meath, North)

Wilson, W. T. (Westhoughton)

Wadsworth, John

Whitehouse, John Howard

Winfrey, Richard

Walton, Sir Joseph

Whittaker, Rt. Hon. Sir T. P.

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

Ward, John (Stoke-upon-Trent)

Whyte, A. F.

Young, Samuel (Cavan, East)

Wardle, George J.

Wiles, Thomas

Young, William (Perth, East)

Waring, Walter

Wilkie, Alexander

Yoxall, Sir James Henry

Werner, Sir Thomas Courtenay

Williams, John (Glamorgan)

Wason, Rt. Hon. E. (Clackmannan)

Williams, Llewellyn (Carmarthen)

Wason, John Cathcart (Orkney)

Williams, Penry (Middlesbrough)

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

Webb, H.

Williamson, Sir A.

White, J. Dundas (Glasgow, Tradeston)

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

NOES.

Agg-Gardner, James Tynte

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

Lonsdale, Sir John Brownlee

Anson, Rt. Hon. Sir William R.

Falle, Bertram Godfray

Lowe, Sir F. W. (Birm., Edgbaston)

Anstruther-Gray, Major William

Fell, Arthur

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

Archer-Shee, Major Martin

Finlay, Rt. Hon. Sir Robert

Lyttelton, Hon. J. C. (Droitwich)

Ashley, Wilfrid W.

Fisher, Rt. Hon. W. Hayes

MacCaw, Wm. J. MacGeagh

Bagot, Lieut.-Colonel J.

Fitzroy, Hon. Edward A.

Mackinder, Halford J.

Baird, John Lawrence

Flannery, Sir J. Fortescue

Macmaster, Donald

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

Fleming, Valentine

M'Calmont, Colonel James

Balcarres, Lord

Fletcher, John Samuel (Hampstead)

M'Mordie, Robert

Baldwin, Stanley

Gastrell, Major W. Houghton

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

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

Gibbs, George Abraham

Magnus, Sir Philip

Banbury, Sir Frederick George

Gilmour, Captain John

Malcolm, Ian

Banner, John S. Harmood-

Glazebrook, Capt. Philip K.

Mason, James F. (Windsor)

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

Goldman, C. S.

Middlemore, John Throgmorton

Barnston, H.

Goldsmith, Frank

Mildmay, Francis Bingham

Barrie, H. T. (Londonderry, N.)

Gordon, John (Londonderry, South)

Mills, Hon. Charles Thomas

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

Gordon, Hon John Edward (Brighton)

Moore, William

Beach, Hon. Michael Hugh Hicks

Goulding, Edward Alfred

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

Beckett, Hon. Gervase

Grant, J. A.

Neville, Reginald J. N.

Benn, Arthur Shirley (Plymouth)

Greene, Walter Raymond

Newdegate, F. A.

Benn, Ion Hamilton (Greenwich)

Gretton, John

Newman, John R. P.

Bennett-Goldney, Francis

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

Newton, Harry Kottingham

Beresford, Lord Charles

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

Nicholson, William G. (Petersfield)

Bigland, Alfred

Gwynne, R. S. (Sussex, Eastbourne)

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

Bird, Alfred

Haddock, George Bahr

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

Boles, Lieut.-Col. Dennis Fortescue

Hall, D. B. (Isle of Wight)

Paget, Almeric Hugh

Boscawen, Sir Arthur S. T. Griffith-

Hall, Marshall, (E. Toxteth)

Parker, Sir Gilbert (Gravesend)

Boyle, W. Lewis (Norfolk, Mid)

Hambro, Angus Valdemar

Parkes, Ebenezer

Boyton, James

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

Pease, Herbert Pike (Darlington)

Brassey, H. Leonard Campbell

Hamilton, Marquess of (Londonderry)

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

Bridgeman, W. Clive

Hardy, Rt. Hon, Laurence

Pirie, Duncan Vernon

Bull, Sir William James

Harris, Henry Percy

Pole-Carew, Sir R.

Burdett-Coutts, William

Harrison-Broadley, H. B.

Pollock, Ernest Murray

Burgoyne, Alan Hughes

Helmsley, Viscount

Pryce-Jones, Col. E.

Burn, Colonel C. R.

Henderson, Major H. (Berkshire)

Quilter, Sir William Eley C.

Butcher, John George

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

Ratcliff, R. F.

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

Hewins, William Albert Samuel

Rawlinson, John Frederick Peel

Campion, W. R.

Hickman, Col. Thomas E.

Rees, Sir J. D.

Carlile, Sir Edward Hildred

Hill, Sir Clement L.

Remnant, James Farquharson

Cassel, Felix

Hills, John Waller

Roberts, S. (Sheffield, Ecclesall)

Castlereagh, Vicount

Hill-Wood, Samuel

Ronaldshay, Earl of

Cator, John

Hoare, Samuel John Gurney

Rothschild, Lionel de

Cautley, Henry Strother

Hohler, Gerald Fitzroy

Rutherford, John (Lanes., Darwen)

Cave, George

Hope, Harry (Bute)

Salter, Arthur Clavell

Cecil, Evelyn (Aston Manor)

Hope, James Fitzalan (Sheffield)

Samuel, Sir Harry (Norwood)

Cecil, Lord Hugh (Oxford Univ.)

Home, E. (Surrey, Guildford)

Sanders, Robert A.

Cecil, Lord R. (Herts, Hitchin)

Houston, Robert Paterson

Sanderson, Lancelot

Chaloner, Col. R. G. W.

Hume-Williams, Wm. Ellis

Sandys, G. J.

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

Hunt, Rowland

Scott, Sir S. (Marylebone, W.)

Clay, Captain H. H. Spender

Hunter, Sir Charles Rodk. (Bath)

Smith, Rt. Hon. F. E. (L'p'l, Walton)

Clive, Captain Percy Archer

Ingleby, Holcombe

Smith, Harold (Warrington)

Coates, Major Sir Edward Feetham

Jardine, Ernest (Somerset, E.)

Spear, Sir John Ward

Collings, Rt. Hon. J. (Birmingham)

Jessel, Captain H. M.

Stanley, Hon. G. F. (Preston)

Cooper, Richard Ashmole

Joynson-Hicks, William

Starkey, John Ralph

Cory, Sir Clifford John

Kerr-Smiley, Peter Kerr

Stewart, Gershom

Courthope, George Loyd

Kerry, Earl of

Strauss, Arthur (Paddington, N.)

Craig, Charles Curtis (Antrim, S.)

Keswick, Henry

Swift, Rigby

Craig, Captain James (Down, E.)

Kimber, Sir Henry

Sykes, Alan John (Ches., Knutsford)

Craik, Sir Henry

Kinloch-Cooke, Sir Clement

Sykes, Mark (Hull, Central)

Crichton-Stuart, Lord Ninian

Knight, Captain Eric Ayshford

Terrell, George (Wilts, N.W.)

Cripps, Sir Charles Alfred

Lane-Fox, G. R.

Terrell, Henry (Gloucester)

Croft, Henry Page

Larmor, Sir J.

Thompson, Robert (Belfast, North)

Dalrymple, Viscount

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

Thomson, W. Mitchell- (Down, North)

Dalziel, Davison (Brixton)

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

Thynne, Lord Alexander

Denniss, E. R. B.

Lewisham, Viscount

Touche, George Alexander

Dixon, Charles Harvey

Lloyd, George Ambrose

Tryon, Captain George Clement

Doughty, Sir George

Locker-Lampson, G. (Salisbury)

Valentia, Viscount

Duke, Henry Edward

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

Walrond, Hon. Lionel

Faber, George D. (Clapham)

Long, Rt. Hon. Walter

Ward, Arnold (Herts, Watford)

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

Winterton, Earl of

Yate, Col. C. E.

Welgall, Capt. A. G.

Wolmer, Viscount

Yerburgh, Robert

Wheler, Granville C. H.

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

Younger, Sir George

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

Wood, John (Stalybridge)

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

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

TELLERS FOR THE NOES.—Lord E. Talbot and Mr. Eyres-Monsell.

Willoughby, Major Hon. Claude

Wright, Henry Fitzherbert

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

Wyndham, Rt. Hon. George

CLAUSE 2.—(Legislative Powers of Irish Parliament.)

Subject to the provisions of this Act, the Irish Parliament shall have power to make laws for the peace, order, and good government of Ireland with the following limitations, namely, that they shall not have power to make laws except in respect of matters exclusively relating to Ireland or some part thereof, and (without prejudice to that general limitation) that they shall not have power to make laws in respect of the following matters in particular, or any of them, namely—

(1) The Crown, or the succession to the Crown, or a Regency; or the Lord Lieutenant except as respects the exercise of his executive power in relation to Irish services as defined for the purposes of this Act; or

(2) The making of peace or war or matters arising from a state of war; or the regulation of the conduct of any portion of His Majesty's subjects during the existence of hostilities between Foreign States with which His Majesty is at peace, in relation to those hostilities; or

(3) The Navy, the Army, the Territorial Force, or any other naval or military force, or the defence of the realm, or any other naval or military matter; or

(4) Treaties, or any relations, with Foreign States, or relations with other parts of His Majesty's Dominions, or offences connected with any such treaties or relations, or procedure connected with the extradition of criminals under any treaty, or the return of fugitive offenders from or to any part of His Majesty's Dominions; or

(5) Dignities or titles of honour; or

(6) Treason, treason felony, alienage, naturalisation, or aliens as such; or

(7) Trade with any place out of Ireland (except so far as trade may be affected by the exercise of the powers of taxation given to the Irish Parliament, or by the regulation of importation for the sole purpose of

(8) Lighthouses, buoys, or beacons (except so far as they can consistently with any general Act of the Parliament of the United Kingdom be constructed or maintained by a local harbour authority); or

(9) Coinage; legal tender; or any change in the standard of weights and measures: or

(10) Trade marks, designs, merchandise marks, copyright, or patent rights; or

(11) Any of the following matters (in this Act referred to as reserved matters), namely—

Provided that the limitation on the powers of the Irish Parliament under this Section shall cease as respects any such reserved matter if the corresponding reserved service is transferred to the Irish Government under the provisions of this Act.

Any law made in contravention of the limitations imposed by this Section shall, so far as it contravenes those limitations, be void.

I beg to move, "That the Chairman do report Progress, and ask leave to sit again."

I do so for one reason and one reason alone, not, as I need hardly say, to cast the slightest reflection either upon your action in the Chair or upon the action of the Committee, but merely as a protest against the intolerable insolence of the Prime Minister.

Mr. Mitchell Thomson. [Interruption.] If hon. Members would do, as they promised they would do a few days ago, namely, keep quiet when I rise, if they had listened they would have heard that I said I could not accept the Motion.

On a point of Order. May I ask you whether, in view of the fact that this is the gravest part of the whole of this Bill—

I only wish to put the point, that is all. Surely the Chair on such an important occasion is going to give us some fair play, and not back up the tyranny practised by the Prime Minister.

If the hon. Member will put his point of Order in a proper way, I will hear him.

I was going to do so when you interrupted me. Every Member in the House should have a fair chance. I wish to put to you this point, that the discussion on this is full of moment to us. The Prime Minister has acted in this tyrannical manner.

I am certainly not going to allow this bullying to continue. If the Prime Minister will not protect free speech in this House, let him say so. He has not allowed us to discuss the Bill at any stage. This has gone too far. It is too serious a matter. If the Prime Minister is going to conduct the business of the House by these tyrannical methods I shall not submit to them. I am not going to sit down, as a protest against these bullying tactics of the Government.

What I ask the hon. and gallant Gentleman to do is nothing to do with any action which has taken place. He may take his own remedies in regard to that.

We have not got any. In deference to my Leader's suggestion I will resume my seat. Although I feel very strongly on what has taken place. I defer entirely to him.

I beg to move, "That the Clause be postponed."

I want to be quite frank with the Committee. I do not suppose there is anyone who could be under the delusion that if this Amendment were accepted the Bill, would be any more acceptable to Members, on this side of the House, and my colleagues from Ulster in particular. In case anyone might imagine that the acceptance of the Motion would make the Bill any more pleasant, I will only say that the Government have refused to give the country an opportunity of pronouncing upon this Bill. We feel that our liberties in this House are being seriously threatened. They have refused to exempt Ulster from the provisions of the Bill, and all I have to say is that if they persist in their action we shall exempt ourselves. I can give one or two reasons, which I hope will be' judged valid, why this Clause should be postponed. If you are going to take away the birthright of the liberty of the people without giving them a chance of appeal you might at least preserve ordinary Parliamentary and constitutional order in doing so. This Clause deals with the powers of the Parliament which it is proposed to set up in Ireland, and even from that narrow point of view it is somewhat a peculiar Clause. The powers which are actually conferred in this Clause are defined by certain subsequent Clauses. Subsection (7) of this Clause says the Irish Parliament shall not have power to deal with

"Trade with any place out of Ireland (except so far as trade may be affected by the exercise of the powers of taxation given to the Irish Parliament."

My first observation is that, inasmuch as these powers of taxation are not given until Clause 15 of the Bill, there is at all events one good ground why this Clause, or Sub-section (7) of it, ought to be postponed until we have dealt with the financial provisions. I do not rest my case there. I have unusually good authority for the suggestion that I am putting forward, and that is no less a person than yourself. When Clause 1 of this Bill was under consideration a Motion was made to postpone the Clause, and you ruled that

"In place of the Legislative Council now subsisting there is to be a Parliament."

And it proceeds in the following Sections, down to 35, to describe how that Parliament is to be composed, and what its membership is to be. In Section 36 for the first time comes mention of the powers of the Parliament. Then I take the case of Victoria, in the same year. In that Act, in the same way, the first Section says:—

"There shall be established in Victoria instead of the Legislative Council now existing a Parliament."

The succeeding Sections go on to define the composition of that Parliament, and it is not until Section 44 is reached that it is laid down for the first time what the Parliament is to have power to do. As to Tasmania, I have not been able to find any very accurate information; but as to South Australia, in the succeeding year (1855) the same is the case. It sets up, just as the preceding Acts did in Section 1, a Parliament, and it proceeds to say how it is to be composed, and it is not until Section 34 is reached that for the first time there is any mention of powers. Then there is the British North America Act. I am taking these in chronological order and covering every Colonial Act which has ever been passed with the exception of the Tasmania Act. In the British North America Act, 1867, in Section 17, the Parliament is set up—

"There shall be one Parliament in Canada consisting of the Queen, the Senate, and the House of Commons."

It proceeds to enumerate the composition in the first place of the Senate, and in the second of the House of Commons. That occupies from Section 17 to Section 91, and then for the first time there is the introduction of a Section which is headed "Powers of the Parliament. "The next Act is the West Australia Act of 1890, in which there is the same thing. Section 2 sets up a Parliament in place of a legislative council, and the subsequent Clauses deal with its composition. It is not until much later Clauses are reached, Clauses 54 and 57, that the mention of powers first appears. Then I come to the two latest precedents. The Commonwealth of Australia Act of 1900 provides, in Section 1, that—

"The legislative power of the Commonwealth shall be vested in a federal Parliament which shall consist of the Queen, the Senate, and the House of Representatives which is hereinafter called the Parliament of the Commonwealth."

It goes on to define the Governor-General, his salary, provisions relating to the Governor-General, Sessions of Parliament, and then it goes on in Section 7 to describe the Senate and its composition. It is not until Section. 51 is reached that for the first time we come across the heading "Powers of Parliament. "That is the Australian case.

I now come to the South African case in 1909, for which this Government was responsible. Clause 19 of the Act setting up the Constitution there, provides that the legislative powers of the Union shall be vested in the Parliament of the Union, consisting, of His Majesty the King, a Senate, and a House of Assembly. Clause 24 deals with the Senate, how it is to be set up, and how it is to be composed. Under Clause 32 the House of Assembly is set up, and then the Act proceeds to describe how the original members are to be elected, how they are to be increased, and how voters are to be qualified. It also deals with the duration of Parliament, the appointment of Speaker, various matters of procedure, and the resignation of members, and it is not until Section 69 is reached that we get the cross heading "Powers of Parliament. "It begins:" Parliament shall have power to make laws for the peace, order, and good government of the Union. "There may be good reason why the Government have departed from these precedents in this case. All the Colonial precedents which this House has ever created are against the present form of drafting in this Bill for which the Government is responsible. I think the Committee will be glad to hear what the reason is, and in order to give an opportunity for hearing what the Government have to say I move that Clause 2 be postponed.

I think we aught to be grateful to the hon. Gentleman for raising this point. He has given the Committee an interesting survey of previous legislation, which, no doubt requires consideration. I will endeavour in a very few sentences to explain how the Government have adopted this form of drafting. In the first place, we are following the precedents provided by the Home Rule Bills of 1886 and 1893. Both of these Bills proceeded as we are proceeding here by enumerating the topics to be excluded from the competence of the Irish Parliament before dealing with the precise composition of the two Houses. I am not aware, so far as my recollection serves me, that either in 1886 or 1893 any objection was taken to that.

Well, if that is so, the objection was not seriously pressed. The hon. Gentleman is entitled to say that these are bad precedents and that we ought not to follow them. In the first place, I hope he will forgive me for saying that he was not strictly accurate in his description of previous legislation in this matter. I take the first case he mentioned, namely, the Act setting up the New South Wales Constitution. The first Section is in these terms:

"There shall be in the place of the Legislative Council now existing, one Legislative Council and one Legislative Assembly, severally composed and constituted as in the manner hereinafter described."

And here is the important point:

Here you are dealing, as I pointed out before, with a problem for which neither one case nor the other affords a precedent. Here you are not, as was the case in Canada, Australia, and South Africa, distributing power as between central and provincial Parliaments. Here you are dealing with a totally different problem. The Imperial Parliament is handing over by way of delegation to a subordinate body in Ireland general powers to make laws for the peace, order, and good government of the country, and at the same time it is reserving to itself in this Clause, by way of exceptions, a number of subject matters not to be within the constitutional cognisance of the new Irish Legislature to deal with. That is a new problem which has never been attempted before, and for which neither the Colonial nor the Federation precedents afford a precedent. When you are doing that the logical mode of procedure, having by the first Clause created the Parliament, is to say that that body is to have certain general powers, but that those general powers are to be shackled by exceptions in matters reserved for the exclusive cognisance of the Imperial Parliament which has created the subordinate Parliament. Surely that is a much more logical mode of procedure than to go about setting up the precise mode of the election and the composition of the two Chambers of which it will consist. Therefore, in the first place, I say that the precedents do not bear out the hon. Gentleman's contention, and that, in the second place, they appear to me not to be relevant to the subject-matter, because we are dealing with a different problem; and, on the other hand, we are following the precedents set up by Mr. Gladstone in the two previous Bills. I believe that is the logical order, and the most convenient for discussion.

I do not think the Prime Minister has really dealt with the point raised by my hon. and learned Friend (Mr. Mitchell-Thomson). I do not wish to press this point as regards precedents, because I think we can deal with it apart from the precedents to be found in the previous Home Rule Bills. What I want to put to the Committee is this: What it is proposed to do in Clause 2 is to distribute power as between the Imperial Parliament and what we call the subordinate Irish Parliament. That is the substance of the Clause, and whether you do it in the form of exceptions and limitations or in another form does not seem to me to make any difference when you come to the substance of the proposal. I understand from what the Prime Minister has said that if it was really a case of distribution of powers, it would be right, first of all, to deal with the constitution of the body in order to see that when the body was constituted it was given appropriate powers, and that they were properly distributed as between the old and the new Parliaments.

Does not that exactly apply here when you are dealing with the most important point in this Bill? I am talking of the constitutional aspect of the question, and I say that you should provide that the distribution will be absolutely effective when the Act comes to work. Surely the preliminary point is in what way you are going to constitute the body to which these powers are to be delegated. It is, of course, a case of delegation, but the delegation here means distribution. You have already the powers in this Parliament, and you want to give some of the powers which we possess to the subordinate Parliament. I say this is essential because, in the first place, we ought to know how the body is constituted, and until we determine how the body is constituted, it is illogical to decide what powers should be given to the new Irish Parliament. Therefore, according to the Prime Minister's own argument, I really think he would admit himself that it would have been better, first of all, to know the constitution of the body before deciding what powers it is to exercise.

It is proposed to hand over some powers to the Irish Parliament and to reserve others to the Imperial Parliament. I do not think that is anything but a matter of distribution. It was stated that in the case of New South Wales there were no reservations. I find, however, that there are reservations in Section 36 of the Act setting up the Constitution. But quite apart from that, I think on the merits of this case, it is much more convenient that the discussion of Clause 8 should follow the passing of Clause 1. What are the words we have already passed 1 Clause 1 says that—

"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."

Obviously what one wants to know now is what are these two Houses to be? If we took the discussion on Clause 8, we would be proceeding in proper sequence in view of what we have already passed, instead of discussing the reservations in Clause 2, and the restrictions in Clause 3. Some of my hon. Friends put down Amendments largely increasing the reservations under Clause 2. In discussing these matters we must ask: Is the Irish House of Commons a competent body to deal with the matter? Is the Senate, as constituted, a body which we can trust? Until we reach Clause 8 we must assume that the Senate is going to be a nominated body, and, in more than one-quarter of the House the gravest objection is taken to a nominated Senate. In discussing these reservations and powers we must assume that they will be given to or withheld from this Parliament, composed of a small nominated Senate and a House of Commons of 164 Members. Then the question of the relation of the two Houses arises at once. Some of us hold strongly that, with a short delay, the result of the Joint Session set up in a later Clause, will be simply to establish Single-Chamber Government. That is a fact which will always be before our minds in settling not only the powers and reservations under Clause 2, but under Clause 3. With a nominated Senate which will largely be in the power of the Executive of the day, and with limitations in numbers, though they have obtained provisions for a joint sitting, the control of the House of Commons will be supreme in these matters, and we will say, "You cannot give such powers as are allowed under Clause 2; you must take certain things away." Apart from the Senate and the composition of the House of Commons itself there are hon. Members on both sides, with whom I am incidentally in sympathy, who think that there ought to be some system of proportional representation both in Ireland and in England. Nothing of the kind is provided, and we shall have to discuss Clauses 2 and 3 on the supposition that there is to be no proportional representation. If we went on straight to Clause 8, and afterwards to Clause 9, and then proceeded to discuss the relations of the Senate and the House of Commons, then we could turn our minds to the question of the powers with which they should be entrusted.

I have a series of important Amendments down to Clauses 8 and 9, and I heartily support the proposal of my hon. Friend asking that this Clause shall be postponed. The Amendments which I have got down deal with the Senate and the House of Commons. The question how they are to be chosen is a matter of vital importance to Members like myself who live in the South of Ireland. If my Amendments are carried I do not say that I would not be opposed to this Bill, but I should not be so bitterly opposed, and I might give bigger powers to the Irish Parliament than I would like to give at the present moment. Therefore I join in requesting that the Clause be postponed until Clauses 8 and 9 are discussed.

The right hon. Gentleman is not strictly accurate in saying that the New South Wales Act contained no limitations. I think there is a distinction between the case of New South Wales and the present case, because when the New South Wales Parliament was being set up there was an already existing body, the Legislative Council. But I accept the Prime Minister's argument for what it is worth. There was a large number of limitations. My hon. Friend has already alluded to the limitations in Clause 36. In Clause 44 there is a whole series of limitations, and similarly in Clause 45 and in a number of the remaining Clauses of the Bill. Even if we accept the Prime Minister's suggestion that we ought to dsmiss, on the one hand, the precedent of New South Wales and Victoria as being too narrow, and the precedent of Canada, of Australia, and South Africa as being too wide—though I must remind the Government again that when it suits their purpose they quote these precedents and when it does not suit their purpose they refrain—but even accepting the right hon. Gentleman's suggestion, I would ask how would he deal with the precedent in New Zealand, which it appears, even on his own showing, is analogous to this case? There was no question of distribution of power there. One authority was set up, a Parliament subordinate to the Parliament of this country. Does the right hon. Gentleman suggest that the precedent of New Zealand has no application? Though the subordination of the New Zealand Parliament is not the exact subordination contemplated in this case, still I do not see that the quality of the subordination should cause any suggestion of differentiation between the precedent of New Zealand and this case. I still think that it is in the interests of Parliamentary order, if we have this Bill put forward at all, that the Government should see that it is put forward in the proper way, and, under the circumstances, I am compelled to go to a Division.

The Prime Minister failed in the crucial point of his argument, because he regarded it as quite reasonable that where there was a question of the distribution of powers between the various bodies the constitution of the bodies should come first; and he also said it was quite reasonable that where there was a restriction of power there, again, the constitution of the body should come first.

What I said was that we have certain limitations which are not in the New South Wales Act, and in New South Wales you start with giving powers before you deal with the constitution of the body.

The right hon. Gentleman considers it reasonable to consider the constitution of the body before he goes on to other matters.

The position is this: If the right hon. Gentleman is giving away £10 and is going to give it all in a lump to a person, he inquires into the person's character first; or, if he is going to distribute it amongst ten people, he inquires into their character first. But if he is going to give it to one person, subject to certain restrictions, he does not inquire into the person's character first.

When he is going to require some small change back, say 6d. or perhaps 2½d., then he does not think it necessary to inquire into the character of the person. That does not seem to me to be logical. It seems to me more logical for us to settle definitely what the body is to whom the thing is to be given. The constitution of the Irish Parliament makes a considerable difference when we are considering whether it is or is not competent to deal with these matters. Suppose you are going to create a body so aristocratic as Grattan's Parliament, which virtually only represented the gentry and professional classes in Ireland, a great many Unionists would think that that body might be much more largely trusted with, say, the Royal Irish Constabulary than a Parliament consisting of hon. Members who sit behind me. It might be said that law and order would be quite safe in the hands of a Parliament constituted like Grattan's Parliament, but will not be at all safe in the hands of hon. Members who have proclaimed their sympathy with disorder, lawlessness, and crime. The order of the Clause in this Bill is the most astonishing thing in the world. They jump about from one subject to another. If, then, we are to take trouble in this Committee, in obedience to the order of this House, in framing this Bill in an orderly manner, the first step is to put this Clause behind the constitutional Clauses and to take a similar course with some of the other Clauses.

Question put, "That the Clause be postponed."

The Committee divided: Ayes, 209; Noes, 304.

Division No. 132.]

AYES.

[6.58 p.m.

Agg-Gardner, James Tynte

Boscawen, Sir Arthur S. T. Griffith

Craig, Charles Curtis (Antrim, S.)

Aitken, Sir William Max

Boyle. W. L. (Norfolk, Mid)

Craig, Captain James (Down, E.)

Amery, L. C. M. S.

Boyton, J.

Craik, Sir Henry

Anson, Rt. Hon. Sir William R.

Burdett-Coutts, W.

Crichton-Stuart, Lord Ninian

Anstruther-Gray, Major William

Burgoyne, A. H.

Cripps, Sir C A.

Archer-Shee, Major M.

Burn, Colonel C R.

Croft, H. P.

Ashley, W. W.

Butcher, John George

Dalrymple, Viscount

Bagot, Lieut.-Colonel J.

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

Dalziel, D. (Brixton)

Baird, J. L.

Campion, W. R.

Denniss, E. R. B.

Balcarres, Lord

Carlile, Sir Edward Hildred

Dixon, C. H.

Baldwin, Stanley

Cassel, Felix

Doughty, Sir George

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

Cator, John

Duke, Henry Edward

Banbury, Sir Frederick George

Cautley, H. S.

Eyres-Monsell, Bolton M.

Banner, John S. Harmood-

Cave, George

Faber, George Denison (Clapham)

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

Cecil, Evelyn (Aston Manor)

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

Barnston, Harry

Cecil, Lord Hugh (Oxford University)

Falle, Bertram Godfray

Barrie, H. T. (Londonderry, N.)

Cecil, Lord R. (Herts, Hitchin)

Fell, Arthur

Bathurst, Hon. A. B. (Gloc, E.)

Chaloner, Col. R. G. W.

Finlay, Rt. Hon. Sir Robert

Beach, Hon. Michael Hugh Hicks

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

Fisher, Rt. Hon. W. Hayes

Beckett, Hon. Gervase

Chaplin, Rt. Hon. Henry

Fitzroy, Hon. E. A.

Benn, Arthur Shirley (Plymouth)

Clay, Captain H. H. Spender

Flannery, Sir J. Fortescue

Bennett-Goldney, Francis

Clive, Captain Percy Archer

Fletcher, John Samuel (Hampstead)

Beresford, Lord C.

Coates, Major Sir Edward Feetham

Gastrell, Major W. H.

Bigland, Alfred

Collings, Rt. Hon. J. (Birmingham)

Gibbs, G. A.

Bird, A.

Cooper, Richard Ashmole

Gilmour, Captain J.

Boles, Lieut.-Col. Dennis Fortescue

Courthope, G. Loyd

Glazebrook, Capt. Philip K,

Goldman, C. S.

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

Sanders, Robert A.

Gordon, John (Londonderry, South)

Long, Rt. Hon. Walter

Sandys, G. J. (Somerset, Wells)

Gordon, Hon. John Edward (Brighton)

Lonsdale, Sir John Brownlee

Scott, Leslie (Liverpool, Exchange)

Goulding, Edward Alfred

Lowe, Sir F. W. (Edgbaston)

Scott, Sir S. (Marylebone, W.)

Green, W. R.

Lyttelton, Rt. Hon. A. (S. G., Han. S.)

Smith, Harold (Warrington)

Gretton, John

Lyttelton, Hon. J. C. (Droitwich)

Spear, Sir John Ward

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

MacCaw, Wm. J. MacGeagh

Stanley, Hon. G. F. (Preston)

Gwynne, R. S. (Sussex, Eastbourne)

Mackinder, H. J.

Starkey, John R.

Hall, D. B. (Isle of Wight)

Macmaster, Donald

Stewart, Gershom

Hall, Fred (Dulwich)

M'Calmont, Colonel James

Strauss, Arthur (Paddington, North)

Hall, Marshall E. (L'pool, Toxteth)

M'Mordie, Robert J.

Swift, Rigby

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

M'Neill, Ronald (Kent, St. Augustine's)

Sykes, Alan John (Ches., Knutsford)

Hamilton, Marquess of (Londonderry)

Mason, James F. (Windsor)

Sykes, Mark (Hull, Central)

Hardy, Rt. Hon. Laurence

Middlemore, J. T.

Talbot, Lord E.

Harris, Henry Percy

Mildmay, Francis Bingham

Terrell, G. (Wilts, N.W.)

Harrison-Broadley, H. B.

Mills, Hon. Charles Thomas

Terrell, Henry (Gloucester)

Helmsley, Viscount

Moore, William

Thompson, Robert (Belfast, North)

Henderson, Major H. (Berks, Abingdon)

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

Thomson, W. Mitchell- (Down, North)

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

Morrison-Bell, Major A. C. (Honiton)

Thynne, Lord Alexander

Hewins, William Herbert Samuel

Neville, Reginald J. N.

Touche, George Alexander

Hickman, Col. Thomas E.

Newdegate, F. A.

Tryon, Capt. George Clement

Hill, Sir Clement L.

Newman, John R. P.

Tullibardine, Marquess of

Hills, John Waller

Newton, Harry Kottingham

Valentia, Viscount

Hill-Wood, Samuel

Nicholson, William G. (Petersfield)

Walrond, Hon. Lionel

Hoare, S. J. G.

Norton-Griffiths, J. (Wednesbury)

Ward, Arnold (Herts, Watford)

Hope, Harry (Bute)

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

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

Hope, James Fitzalan (Sheffield)

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

Weigall, Capt. A. G.

Home, W. E. (Surrey, Guildford)

Paget, Almeric Hugh

Wheler, Granville C. H.

Houston, Robert Paterson

Parker, Sir Gilbert (Gravesend)

White, Major G. D. (Lanes., Southporty)

Hume-Williams, W. E.

Parkes, Ebenezer

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

Hunt, Rowland

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

Willoughby, Major Hon. Claud

Hunter, Sir C. R. (Bath)

Pole-Carew, Sir R.

Winterton, Earl

Jardine, E. (Somerset, E.)

Pollock, Ernest Murray

Wolmer, Viscount

Jessel, Captain H. M.

Pryce-Jones, Col. E.

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

Joynson-Hicks, William

Quilter, Sir William Eley C.

Wood, John (Stalybridge)

Kerr-Smiley, Peter Kerr

Rawson, Colonel R. H.

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

Kerry, Earl of

Remnant, James Farquharson

Wright, Henry Fitzherbert

Klmber, Sir Henry

Roberts, S. (Sheffield, Ecclesall)

Wyndham, Rt. Hon. George

Kinloch-Cooke, Sir Clement

Rolleston, Sir John

Yate, Col. C. E.

Knight, Captain E. A.

Ronaldshay, Earl of

Yerburgh, Robert

Larmor, Sir J.

Rothschild, Lionel de

Younger, Sir George

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

Rutherford, John (Lanes., Darwen)

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

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

TELLERS FOR THE AYES.—Mr. G. Locker-Lampson and Mr. Malcolm.

Lewisham, Viscount

Salter, Arthur Clavell

Lloyd, G. A.

Samuel, Sir Harry (Norwood)

NOES.

Abraham, William (Dublin Harbour)

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

Essex, Richard Walter

Acland, Francis Dyke

Byles, Sir William Pollard

Falconer, J.

Adamson, William

Cameron, Robert

Farrell, James Patrick

Adkins, Sir W. Ryland D.

Cawley, Sir Frederick (Prestwich)

Fenwick, Rt. Hon. Charles

Agar-Robartes, Hon. T. C. R.

Cawley, Harold T. (Heywood)

Ferens, Rt. Hon. Thomas Robinson

Agnew, Sir George William

Chancellor, H. G.

Ffrench, Peter

Ainsworth, John Stirling

Chapple, Dr. W. A.

Field, William

Alden, Percy

Clancy, John Joseph

Fitzgibbon, John

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

Clough, William

Flavin, Michael Joseph

Arnold, Sydney

Clynes, John R.

France, G. A.

Asquith, Rt. Hon. Herbert Henry

Collins, G. P. (Greenock)

Furness, Stephen

Baker, Harold T. (Accrington)

Collins, Stephen (Lambeth)

Gelder, Sir W. A.

Baker, Joseph A. (Finsbury, E.)

Compton-Rickett, Rt. Hon. Sir J.

George, Rt. Hon. D. Lloyd

Balfour, Sir Robert (Lanark)

Condon, Thomas Joseph

Gill, A. H.

Baring, Sir Godfrey (Barnstaple)

Cornwall, Sir Edwin A.

Ginnell, L.

Barnes, George N.

Cotton, William Francis

Gladstone, W. G. C.

Barran, Rowland Hurst (Leeds, N.)

Crumley, Patrick

Glanville, H. J.

Barton, W.

Cullinan, J.

Goddard, Sir Daniel Ford

Beauchamp, Sir Edward

Dalziel, Sir James H. (Kirkcaldy)

Goldstone, Frank

Beck, Arthur Cecil

Davies, Timothy (Lines., Louth)

Greenwood, Granville G (Peterborough)

Benn, W. W. (T. Hamlets, S. George) Davies, Sir w. Howell (Bristol, S.)

Davies sir W. Howell (Bristol, S.)

Greenwood, Hamar (Sunderland)

Bentham, G. J.

Davies, M. Vaughan- (Cardigan)

Greig, Colonel J. W.

Bethell, Sir J. H.

Delany, William

Griffith, Ellis Jones

Birrell, Rt. Hon. Augustine

Denman, Hon. R. D.

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

Black, Arthur W.

Devlin, Joseph

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

Boland, John Pius

Dewar, Sir J. A.

Gwynn, Stepheh Lucius (Galway)

Booth, Frederick Handel

Dickinson, w. H.

Hackett, J.

Bowerman, C. W.

Dillon, John

Hall, Frederick (Normanton)

Boyle, D. (Mayo, N.)

Doris, W.

Harcourt, Rt. Hon. L. (Rossendale)'

Brace, William

Duffy, William J.

Harcourt, Robert V. (Montrose)

Brady, P. J.

Duncan, C. (Barrow-in-Furness)

Hardle, J. Keir (Merthyr Tydvil)

Brocklehurst, W. B.

Duncan, J. Hastings (York, Otley)

Harmsworth, Cecil (Luton, Beds)

Brunner, John F. L.

Edwards, Sir Francis (Radnor)

Harvey, A. G. C. (Rochdale)

Bryce, J. Annan

Elibank, Rt. Hon. Master of

Harvey, T. E. (Leeds, W.)

Buckmaster, Stanley O.

Esmonde, Dr. John (Tipperary, N.)

Harvey, W. E. (Derbyshire, N.E.)

Burke, E. Haviland-

Esmonde, Sir Thomas (Wexford, N.)

Haslam, James (Derbyshire)

Haslam, Lewis (Monmouth)

Meehan, Francis E. (Leitrim. N.)

Roch, Walter F. (Pembroke)

Hayden, John Patrick

Menzies, Sir Walter

Roche, Augustine (Louth)

Hayward, Evan

Middlebrook, William

Rose, Sir Charles Day

Hazleton, Richard (Galway, N.)

Molloy, M.

Rowlands, James

Healy, Timothy Michael (Cork, East)

Molteno, Percy Alport

Rowntree, Arnold

Helme, Sir Norval Watson

Mooney, J. J.

Runciman, Rt. Hon. Walter

Henderson, Arthur (Durham)

Morgan, George Hay

Russell, Rt. Hon. Thomas W.

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

Morrell, Philip

Samuel, J. (Stockton)

Henry, Sir Charles

Morison, Hector

Scanlan, Thomas

Herbert, Col. Sir Ivor (Mon., S.)

Morton, Alpheus Cleophas

Schwann, Rt Hon. Sir C. E.

Higham, John Sharp

Munro, R.

Scott, A. MacCallum (Glas., Bridgeton)

Hinds, John

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

Seely, Col. Rt. Hon. J. E. B.

Hobhouse, Rt. Hon. Charles E. H.

Murray, Captain Hon. Arthur C.

Sheeny, David

Hodge, John

Nannetti, Joseph P.

Simon, Sir John Allsebrook

Hogge, James Myles

Needham, Christopher T.

Smith, Albert (Lanes, Clitheroe)

Holt, Richard Durning

Neilson, Francis

Smith, H. B. L. (Northampton)

Hope, John Deans (Haddington)

Nolan, Joseph

Smyth, Thomas F. (Leitrim, S.)

Home, C. Silvester (Ipswich)

Norman, Sir Henry

Snowden, P.

Hudson, Walter

Norton, Captain Cecil W.

Soames, Arthur Wellesley

Hughes, Spencer Leigh

Nugent, Sir Walter Richard

Spicer, Sir Albert

Isaacs, Rt. Hon. Sir Rufus

Nuttall, H.

Summers, James Woolley

John, Edward Thomas

O'Brien, Patrick (Kilkenny)

Sutherland, J. E.

Jones, Sir D. Brynmor (Swansea)

O'Connor, John (Kildare, N.)

Sutton, John E.

Jones, Edgar (Merthyr Tydvil)

O'Connor, T. P. (Liverpool)

Taylor, John W. (Durham)

Jones, H. Haydn (Merioneth)

O'Doherty, Philip

Taylor, Theodore C. (Radcliffe)

Jones, William (Carnarvonshire)

O'Donnell, Thomas

Tennant, Harold John

Jones, W. S. Glyn- (Stepney)

O'Dowd, John

Thomas, Abel (Carmarthen, E.)

Jowett, F. W.

Ogden, Fred

Thomas, J. H. (Derby)

Joyce, Michael

O'Grady, James

Thorne, G. R. (Wolverhampton)

Keating, Matthew

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

Thorne, William (West Ham)

Kellaway, Frederick George

O'Kelly, James (Roscommon, N.)

Toulmin, Sir George

Kelly, Edward

O'Malley, William

Trevelyan, Charles Philips

Kennedy, Vincent Paul

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

Ure, Rt. Hon. Alexander

Lamb, Ernest Henry

O'Shaughnessy, P. J.

Verney, Sir Harry

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

O'Shee, James John

Wadsworth, J.

Lambert, Richard (Wilts, Cricklade)

O'Sullivan, Timothy

Walters, Sir John Tudor

Lansbury, George

Palmer, Godfrey

Walton, Sir Joseph

Lardner, James Carrige Rushe

Parker, James (Halifax)

Ward, John (Stoke-upon-Trent)

Law, Hugh A. (Donegal, West)

Pearce, Robert (Staffs, Leek)

Wardle, George J.

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

Pearce, William (Limehouse)

Waring, Walter

Leach, Charles

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

Warner, Sir Thomas Courtenay

Levy, Sir Maurice

Philipps, Col. Ivor (Southampton)

Wason, Rt. Hon. E. (Clackmannan)

Lewis, John Herbert

Phillips, John (Longford, S.)

Wason, John Cathcart (Orkney)

Lough, Rt. Hon. Thomas

Pirie, Duncan V.

Webb, H.

Low, Sir F. (Norwich)

Pointer, Joseph

White, J. Dundas (Glasgow, Tradeston)

London, T.

Pollard, Sir George H.

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

Lyell, Charles Henry

Ponsonby, Arthur A. W. H.

White, Patrick (Meath, North)

Lynch, A. A.

Power, Patrick Joseph

Whitehouse, John Howard

Macdonald, J. R. (Leicester)

Price, C. E. (Edinburgh, Central)

Whittaker, Rt. Hon. Sir Thomas P.

Macdonald, J. M. (Falkirk Burghs)

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

Whyte, A. F. (Perth)

McGhee, Richard

Primrose, Hon. Nell James

Wiles, Thomas

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

Pringle, William M. R.

Wilkie, Alexander

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

Radford, G. H.

Williams, J. (Glamorgan)

Macpherson, James Ian

Raffan, Peter Wilson

Williams, P. (Middlesbrough)

MacVeagh, Jeremiah

Raphael, Sir Herbert H.

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

McCallum, Sir John M.

Rea, Rt. Hon. Russell (South Shields)

Wilson, John (Durham, Mid.)

M'Kean, John

Rea, Walter Russell (Scarborough)

Wilson, W. T. (Westhoughton)

McKenna, Rt. Hon. Reginald

Reddy, Michael

Winfrey, Richard

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

Redmond, John E. (Waterford)

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

M'Mlcking, Major Gilbert

Redmond, William (Clare)

Young, Samuel (Cavan, East)

Manfield, Harry

Rendall, Athelstan

Young, W. (Perthshire, East)

Markham, Sir Arthur Basil

Richardson, Albion (Peckham)

Yoxall, Sir James Henry

Marks, Sir George Croydon

Richardson, Thomas (Whitehaven)

Marshall, Arthur Harold

Roberts, Charles H. (Lincoln)

Mason, David M. (Coventry)

Roberts, George H. (Norwich)

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

Masterman, C. F. G.

Robertson, Sir G. Scott (Bradford)

Meagher, Michael

Robertson, J. M. (Tyneside)

The Amendment of the Noble Lord the Member for Thirsk (Viscount Helmsley) appears to be more appropriate to Clause 46 than to Clause 2, but perhaps the Noble Lord can state why he thinks it is in order on this Clause.

I submit that my Amendment is in order. It proposes that after the Irish Parliament has been created that there shall be the expiration of a certain period before it can pass any laws or develop its powers, and I submit that the Amendment can only come in on this Clause because it is only under it that the Irish Parliament can be established. It seems to me that it is more appropriate when we are dealing with its legislative powers to make the Amendment here than to defer it to Clause 46.

Does the Noble Lord mean that the exercise of the powers of the Irish Parliament shall be deferred until one year after that Parliament has met.

Yes, that is the point. I beg to move to insert, at the beginning of the Clause, the words, "After the expiration of one year from the appointed day and" ["subject to the provisions of this Act"].

I apologise to the House for not having put the Amendment on the Paper. I move it largely owing to the course which the discussion has taken. It has become more;and more obvious from what the Government has said, and especially from the speech of the Prime Minister on the question, "That Clause 1 stand part," that they have no solution in regard to Ulster, and that Ulster is going to be a very crucial and dangerous question. Therefore I have put down the Amendment, which proposes that although this House may create an Irish Parliament, as it has done by Clause 1, yet the powers of that Parliament shall be deferred so that they shall not be able to make laws, or fulfil any of the other functions mentioned in Clause 2, until after the expiration of a year. I think that would be of very great advantage. In the first place, it allows time, and, indeed, when we consider how it is obviously the intention of the Government not to allow discussion in this House, and in no way to consider the feelings of Ulster, it is necessary to my mind that some time should be allowed to elapse between the establishment of this Parliament and the actual development of its powers. I think that is most important, because we all know that in this country, and I daresay the same is the case in many parts of Ireland, it is the habit not to pay any very considerable attention to an Act of Parliament until it has actually become law. I think the Chancellor of the Exchequer will bear me out on that point as regards the National Insurance Act. Therefore I think it would be exceedingly valuable that the country should be able to find itself in the position that when the Irish Parliament has been established there will be a year in which to look around before that Parliament has any power to pass laws. That year might be of very great value in enabling the Government to come to some arrangement, when the Irish Parliament has been set up, about Ulster, and it might afford an opportunity, which the Government apparently are unwilling to take now, of carrying out the hints and intentions of the Foreign Secretary and the First Lord of the Admiralty. The Prime Minister declared that in his belief that once the whole of the people of Ireland—I suppose he means the two peoples of Ireland—have come to the conclusion that Home Rule had actually been passed—and this is the phrase to which I wish to call the attention of the House—"by assent of Parliament," then they will accept it. May I take leave to point out to the Prime Minister that owing to the conspiracy in which he and his Government have been engaged during the last few years—

The Noble Lord seems to be opening up a wide field in moving his Amendment.

I am giving the reason why the powers of the Irish Parliament should be postponed, but if I am transgressing I should like to be told how, and I will not do so again.

I had some hesitation in allowing the Amendment, but on the lines he has taken, the Noble Lord might speak on anything under the sun in moving it. The real point to be discussed is the proposal to defer the legislative powers of the Irish Parliament until twelve months after it first meets. That is the definite point, I think.

I am developing the reason why, and I think if I proceed with what I was about to say you will see it is quite relevant to the Amendment on the Paper. I was saying that, owing to the action of the Government—which I designated as a conspiracy, and I think I shall have the assent of a large proportion of the House in that—it has been so arranged that this Act will not be likely to receive the assent of Parliament. On the contrary it will pass if it receives the assent of one House only, and, under these circumstances, it would appear most desirable that some expression of opinion should be given by the electors of the country before the Irish Parliament is able to bring in any law. If this Amendment is passed I think such an election will be bound to take place in this country before the Irish Parliament is able to legislate. This is a matter of great importance. We have already established a purely paper supremacy for this Parliament over the Irish Parliament, and it is desirable we should keep in mind the necessity that may arise and probably will arise of repealing this Act should it ever become law after we have had an election in this country. It will be far easier to repeal this Act if it become law, if the Parliament has only been established and has not been allowed to perform any legislative function during the first year of its establishment. It is quite conceivable that the Government of another complexion will come into power after the next election, which I calculate will take place before the year suggested in my Amendment has elapsed. Although the Act will have been passed you will have had no provocative action by Ulster, you will have had no irreparable damage caused through laws passed by the Irish Parliament, and you will probably get a distinct expression of opinion on the part of this country that the Act should not become operative. I grant it is not a desirable course to establish a Parliament in one year, and to repeal it in the next. But we have the Government to thank for the possibility of such a proceeding. They are driving us and the country into a corner. They have so arranged their affairs as to pass this Bill without the consent of the country, and, therefore, every opportunity we can take we ought to take in order to ensure that the wish of this country for the repeal of this law—a wish which I am confident it would express at the very first opportunity—may be made effective.

I am afraid the Noble Lord's speech has converted me. I had doubts as to whether his Amendment was in order at this point. He has travelled over exactly the same grounds as were advanced en a similar Amendment on Clause 1, and I have now come to the conclusion that this ought to be raised on Clause 42 or 46.

Surely the question of order arises on the Amendment itself and not on the speech of my hon. Friend. The question is whether the Amendment is in order and it has nothing to do with the speech, good or bad, which has been delivered by my Noble Friend.

I think I must take notice of what the Mover said in support of the Amendment.

May I submit that the Amendment is perfectly in order. I am sorry if my speech was out of order, but I understood you would call me to order if I transgressed. May I submit the Amendment must be strictly in order, because it refers only to this Clause, and it cannot come in anywhere else.

I told the Noble Lord I was in some doubt as to whether the Amendment was in order, and I waited for his explanation. That explanation has resolved my doubts.

Surely the Amendment requires no explanation. It proposes that the operation of the legislative powers of this Parliament should be suspended for a year. At what particular stage could that be more relevant than the Clause which sets up this legislature?

Surely the Amendment should be put and then in the exercise of your authority you could confine Members speaking to points which you believe would come within your ruling.

The Debate must not travel over the ground which the Noble Lord covered and which would be more relevant to another Clause.

I am afraid there is some difficulty in dealing with the Amendment without transgressing your ruling. I could quite understand an Amendment to postpone the operation of the Bill altogether. I could also understand an Amendment which, while accepting the principle of the Bill, said the Irish Parliament was not to come into existence until a given date. That might be in order, and no doubt it would receive discussion. But I do not understand what is to be gained by passing this Amendment. We have brought into existence-on the appointed day an Irish Parliament, and if this Amendment is carried that Parliament will be in existence, but it will be totally incapable of doing anything which a Parliament is supposed to do. What is it to do?

Really, you are going to condemn this body which you have solemnly brought into existence to the functions during its first year of a mere debating society. It is to have power to pass abstract resolutions, but it will have no power whatsoever to effect anything for the good government of Ireland. It would surely be much better to postpone the operation of the Act altogether than to create a Parliament, bring it into existence, and to say that for a year it shall do nothing at all.

I quite agree with the right hon. Gentleman. I should greatly prefer to postpone the operation of the Bill. But we are now discussing the narrower point, and I do suggest it would be advantageous to know what the Parliament is like before it begins to work. We should know who were the members of the Senate and of the elected House of Commons. We should be able to judge whether or not it is a proper body to exercise the powers to be entrusted to it.

Not directly, perhaps. But I do think we should have this interval. It would enable us to know what the Parliament would be like, and, if in view of its constitution and of the excitement to which it might give rise in Ulster, we came to the conclusion it was not desirable for that Irish Parliament to exercise the authority which it is proposed to give to it, there would then be an opportunity of passing an amending or repealing Act, so as to put the matter on a better footing. The Bill as it stands hands over the people of Ireland to whatever power may be constituted, however bad the Parliament may be, and however much it may be resisted, and surely it would be better there should be a time when second thoughts could prevail, and which would give an opportunity to intervene and deprive the Irish Parliament of a jurisdiction which it was evidently unfitted to exercise. I shall support my Noble Friend if he presses the Amendment to a Division.

When my Noble Friend first introduced this Amendment I did not quite agree with him. But the Prime Minister has converted me from a doubtful opponent into a strong supporter of it. The right hon. Gentleman has stated that the only thing this Parliament will be able to do, if this Amendment is accepted, will be to pass resolutions. Just see what the effect of that would be. I am quite sure the hon. Member for East Mayo and his colleagues below the Gangway, once a Parliament is established in Ireland, will not sit there and do nothing. They will immediately begin to pass resolutions, and those resolutions will be indicative of what that Parliament would like to do if only it had the power to legislate. The country will be able to judge the character of the resolutions, and if they were found to be bad it would be seen that bad as the resolutions were the Bills of such a Parliament would assuredly be much worse. Consequently the Act would be rescinded, and we should return to the ancient Parliament of the United Kingdom and restore to this Parliament the power to make laws for all. Under these circumstances, I shall be obliged to support my Noble Friend in the Division Lobby. I am indebted to the Prime Minister for his very clear exposition of the effect of the Amendment, and I would express the hope that, on further reflection, he may see his way to give it his support.

On a point of Order. The Prime Minister has told us that if an Amendment were on the Paper not such as my Noble Friend is now moving, but postponing the operations of the Act altogether until after the opinion of this country had been taken, that no doubt would be in order and would be de-bateable. There have been a number of such Amendments on the Paper, but you, in the exercise of your discretion, with no doubt a much greater knowledge on questions of order than the Prime Minister himself, have ruled those Amendments out of order. The question I want to ask is, will you indicate to us where it would be in order now to put down an Amendment of that character, which might facilitate arriving at a decision on the present Amendment?

If the hon. Member will carry his memory back, he will recollect that I did not rule the Amendments out of order, but only out of place. If my memory serves me aright, as the Prime Minister has stated, on Clause 42 or 46 there will be an opportunity of moving an Amendment postponing the operation of the Bill.

I did not understand from the speech of the Noble Lord exactly what the scope of the Amendment was. The Prime Minister suggested that the Parliament would be able only to talk. I submit that it could do other things, such as criticise the Administration. Certain further advantages would arise. I understand that the Executive in Ireland will be chosen from those persons who command the confidence of the majority of the House of Commons. It would be exceedingly difficult to select those Gentlemen at first, because no one would know who would or would not command the confidence of the House of Commons, and this provision would greatly assist the Lord Lieutenant in his choice. During the first year there would undoubtedly be a great deal of disturbance, and there would be many subjects on which the Irish Parliament would have to legislate. The Parliament at Westminster would have absolute rights of concurrent legislation with the Irish Parliament. It would be obviously exceedingly unwise if, during this disturbed period, you had two Parliaments legislating on exactly the same subjects. There would be a tiresome conflict of laws which might give rise to still further disturbance. The legislation passed by the Imperial Parliament would undoubtedly deal with these matters far better than legislation passed by the Irish Parliament. The Irish Parliament, if allowed only to discuss matters, would have an opportunity of observing the model laws passed for Ireland by the Imperial Parliament.

I think I ought to point out, before the discussion proceeds further, that six Members on my left have given notice of an Amendment that the Irish Parliament should not have power to discuss or pass any Resolutions. I do not know how that will be affected later on by this Amendment.

Surely that applies to something more than the year which is the subject-matter of the present Amendment.

The present Amendment applies only to the first year, when this Parliament is, I will not say in a state of suspended animation, but simply engaged in talking. The Prime Minister poured great scorn upon a Parliament which could only talk, but that is precisely the system which he has devised for the House of Lords in this country. I should have thought that a Parliament engaged in talking was his ideal of what a Parliament ought to be, because on the first opportunity he has had of devising a Constitution he has devised one under which one of the Chambers can do nothing but talk. I do not agree with the argument of my Noble Friend that when this new Parliament met one would be able to judge what its legislative programme would be. I do not think that from the appearance of hon. Members you can form any proper judgment as to their legislative capacity.

In suggesting that during the first year the Irish Parliament would have nothing to do, I do not think the Prime Minister at all appreciated the situation. If this Amendment were not carried, the first legislation the Irish Parliament would undertake would doubtless be legislation giving them power to take the fixing of rents into their own hands, and we know on what terms they would fix them. When that had been done, how would their time be taken up? We all know that it would be occupied in considering reports from the election judges in every constituency in Ireland. We had a couple from the last election. I have often advised friends who wished to study the state of affairs in happy, united, Nationalist Ireland, that they could do nothing better than read the judges' reports on Nationalist elections, carried on on Nationalist lines, in Nationalist constituencies. As soon as this new Parliament met—there would be no loyal Ulstermen in it; that would be a loss to the new Parliament, but not to the Ulstermen—the first thing would be a report from the election judges on a petition by a friend of the hon. Member for Cork (Mr. W. O'Brien) against the hon. Member for West Belfast (Mr. Devlin) for intimidation.

The CHAIRMAN rose—

Yes. The hon. Member is not discussing the question raised by the Amendment.

Surely I have a right to be told the grounds on which I am out of order before you get up to put the question. I have dealt with the first point of the Prime Minister's reply. It is perfectly plain that the first year of the Irish Parliament, especially if there were a salary attached to membership, would be spent in internecine squabbles between representatives of the Ancient Order of Hibernians, of whose toleration we have recently heard, members of the United Irish League, members of the party of the hon. Member for Cork, and members of the party of the hon. Members for East Mayo (Mr. Dillon) and West Belfast. That would occupy them fully. Once they had passed amendments of the land laws and taxed the Unionists and loyalists, their hands would be full of their own affairs. I approve of the Amendment in every way, because the one thing the Prime Minister insisted on was that this House retains the power of repealing the whole measure if it is not found to work. This Amendment would give a year's moritarium, and I think the majority would be very glad, if they had the power, to exercise it long before the year was out. We are continually represented as not being in earnest. If we get the chance during the year provided by this Amendment we shall be able to show the Government that we are in earnest, and if we have that opportunity the Prime Minister will not forget it.

Will not the Chief Secretary, from his great experience of Irish nature, give his opinion as to whether or not the statements made by my hon. and learned Friend (Mr. Moore) are correct? It would influence the Committee very much.

Is the hon. Baronet in order in suggesting that my statements, made in this House on my responsibility as-a Member, are not correct?

I do not understand the hon. Baronet to suggest that.

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

The Committee divided: Ayes, 197; Noes, 296.

Division No. 133.]

AYES.

[7.40 p.m.

Aitken, Sir William Max

Denniss, E. R. B.

Larmor, Sir J.

Amery, L. C. M. S.

Dixon, Charles Harvey

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

Anson, Rt Hon. Sir William R.

Doughty, Sir George

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

Archer-Shee, Major M.

Duke, Henry Edward

Lewisham, Viscount

Ashley, Wilfrid W.

Eyres-Monsell, Bolton M.

Lloyd, George Ambrose

Bagot, Lieut.-Colonel J.

Faber, George D. (Clapham)

Locker-Lampson, G. (Salisbury)

Baird, J. L.

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

Locker-Lampson, O. (Ramsey)

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

Falle, Bertram Godfray

Long, Rt. Hon. Walter

Balcarres, Lord

Fell, Arthur

Lonsdale, Sir John Brownlee

Baldwin, Stanley

Finlay, Rt. Hon. Sir Robert

Lowe, Sir F. W. (Birm., Edgbaston)

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

Fisher, Rt. Hon. W. Hayes

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

Banbury, Sir Frederick George

Fitzroy, Hon. Edward A.

Lyttelton, Hon. J. C. (Droitwich)

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

Flannery, Sir J. Fortescue

MacCaw, Wm. J. MacGeagh

Barlow, Montague (Salford, South)

Fletcher, John Samuel (Hampstead)

Mackinder, H. J.

Barnston, Harry

Gastrell, Major W. H.

Macmaster, Donald

Barrie, H. T.

Gibbs, George Abraham

M'Calmont, Colonel James

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

Gilmour, Captain J.

M'Mordie, Robert James

Beach, Hon. Michael Hugh Hicks

Goldman, C. S.

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

Beckett, Hon. Gervase

Gordon, Hon. John Edward (Brighton)

Malcolm, Ian

Benn, Arthur Shirley (Plymouth)

Gordon, John (Londonderry, South)

Mason, James F. (Windsor)

Benn, Ion H. (Greenwich)

Goulding, Edward Alfred

Middlemore, John Throgmorton

Bennett-Goldney, Francis

Greene, Walter Raymond

Mills, Hon. Charles Thomas

Beresford, Lord Charles

Gretton, John

Moore, William

Bird, A.

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

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

Boles, Lieut.-Col. Dennis Fortescue

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

Neville, Reginald J. N.

Boscawen, Sir Arthur S. T. Griffith

Gwynne, R. S. (Sussex, Eastbourne)

Newdegate, F. A.

Boyle, W. L. (Norfolk, Mid)

Hall, D. B. (Isle of Wight)

Newman, John R. P.

Boyton, James

Hall, Fred (Dulwich)

Newton, Harry Kottingham

Bridgeman, W. Clive

Hall, Marshall (E. Toxteth)

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

Burdett-Coutts, W.

Hambro, Angus Valdemar

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

Burgoyne, A. H.

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

Parkes, Ebenezer

Burn, Col. C. R.

Hamilton, Marquess of (Londonderry)

Pease, Herbert Pike (Darlington)

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

Hardy, Rt. Hon. Laurence

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

Camplon, W. R.

Harris, Henry Percy

Pole-Carew, Sir R.

Carllie, Sir Edward Hildred

Harrison-Broadlsy, H. B.

Pryce-Jones, Colonel E.

Cassel, Felix

Henderson, Major H. (Berks, Abingdon)

Pawlinson, John Frederick Peel

Castlereagh, Viscount

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

Rawson, Colonel Richard H.

Cator, John

Hewins, William Herbert Samuel

Rees, Sir J. D.

Cautley, Henry Strother

Hickman, Col. T. E.

Remnant, James Farquharson

Cave, George

Hill, Sir Clement L. (Shrewsbury)

Roberts, S. (Sheffield, Ecclesall)

Cecil, Evelyn (Aston Manor)

Hill-Wood, Samuel

Rolleston, Sir John

Cecil, Lord Hugh (Oxford University)

Hoare, Samuel John Gurney

Ronaldshay, Earl of

Cecil, Lord R. (Herts, Hitchin)

Hohler, G. F.

Royds, Edmund

Chaloner, Col. R. G. W.

Hope, Harry (Bute)

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

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

Hope, James Fitzalan (Sheffield)

Salter, Clavell

Chaplin, Rt. Hon. Henry

Houston, Robert Paterson

Samuel, Sir Harry (Norwood)

Clay, Captain H. H. Spender

Hume-Williams, William Ellis

Sanders, Robert A.

Clive, Captain Percy Archer

Hunt. Rowland

Sandys, G. J. (Somerset, Wells)

Coates, Major Sir Edward Feetham

Hunter, Sir C. R. (Bath)

Scott, Sir S. (Marylebone, W.)

Collins, Rt. Hon. J. (Birmingham)

Jardine, Ernest (Somerset, E.)

Smith, Harold (Warrington)

Cooper, Richard Ashmole

Jessel, Captain H. M

Spear, Sir John Ward

Courthope, George Loyd

Joynson-Hicks, William

Stanley, Hon G. F. (Preston)

Craig, Charles Curtis (Antrim, S.)

Kerr-Smiley, Peter Kerr

Stewart, Gershom

Craig, Captain James (Down, E.)

Kerry, Earl of

Strauss, Arthur (Paddington, North)

Craik, Sir Henry

Kimber, Sir Henry

Swift, Rigby

Crichton-Stuart, Lord Ninian

Kinloch-Cooke, Sir Clement

Sykes, Alan John (Ches., Knutsford)

Dalrymple, Viscount

Knight, Capt. E. A.

Sykes, Mark (Hull, Central)

Dalziel, Davison (Brixton)

Lane-Fox, G. R.

Talbot, Lord E.

Terrell, George (Wilts, N.W.)

Ward, Arnold (Herts, Watford)

Wortley, Rt. Hon. C. B. Stuart

Terrell, Henry (Gloucester)

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

Wright, Henry Fitzherbert

Thomson, W. Mitchell- (Down, N.)

Weigall, Capt. A. G.

Wyndham, Rt. Hon. George

Touche, George Alexander

Wheler, Granville C. H.

Yate, Col. C. E.

Tryon, Captain George Clement

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

Younger, Sir George

Tullibardine, Marquess of

Willoughby, Major Hon. Claude

Valentia, Viscount

Wolmer, Viscount

TELLERS FOR THE AYES.—Viscount Helmsley and Mr. Butcher.

Walker, Colonel William Hall

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

Walrond, Hon. Lionel

Wood, John (Stalybridge)

NOES.

Abraham, William (Dublin Harbour)

Fenwick, Rt. Hon. Charles

Levy, Sir Maurice

Acland, Francis Dyke

Ferens, Rt. Hon. Thomas Robinson

Lough, Rt. Hon. Thomas

Adamson, William

Ffrench, Peter

Low, Sir F. (Norwich)

Adkins, Sir W. Ryland D.

Field, William

Lundon, Thomas

Agnew, Sir George William

Fitzgibbon, John

Lyell, Chas. Henry

Alnsworth, John Stirling

Flavin, Michael Joseph

Lynch, Arthur Alfred

Alden, Percy

France, Gerald Ashburner

Macdonald, J. Ramsay (Leicester)

Allen, Arthur Acland (Dumbartonshire)

Furness, Stephen W.

Macdonald. J. M. (Falkirk Burghs)

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

Geloer, Sir William Alfred

MacGhee, Richard

Arnold, Sydney

George, Rt. Hon. D. Lloyd

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

Asquith, Rt. Hon. Herbert Henry

Gill, Alfred Henry

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

Baker, H. T. (Accrington)

Ginnell, Laurence

Macpherson, James Ian

Baker, Joseph Allen (Finsbury, E.)

Gladstone, W. G. C.

MacVeagh, Jeremiah

Balfour, Sir Robert (Lanark)

Glanville, H. J.

McCallum, Sir John M.

Barnes, George N.

Goddard, Sir Daniel Ford

M'Kean, John

Barran, Rowland Hirst (Leeds, N.)

Goldstone, Frank

McKenna, Rt. Hon. Reginald

Barton, William

Greenwood, Granville G. (Peterborough)

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

Beck, Arthur Cecil

Greenwood, Hamar (Sunderland)

M'Micking, Major Gilbert

Benn, W. W. (T. Hamlets, St. Geo.)

Greig, Colonel J. W.

Manfield, Harry

Bentham, G. J.

Griffith, Ellis J.

Markham, Sir Arthur Basil

Bethell, Sir Henry

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

Marks, Sir George Croydon

Birrell, Rt. Hon. Augustine

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

Marshall, Arthur Harold

Black, Arthur W.

Gwynn, Stephen Lucius (Galway)

Masterman, C. F. G.

Boland, John Pius

Hackett, J.

Meagher, Michael

Booth, Frederick Handel

Hall, F. (Yorks, Normanton)

Meehan, Francis E. (Leitrim, N.)

Bowerman, Charles W.

Harcourt, Rt. Hon. L. (Rossendale)

Menzies, Sir Walter

Boyle, D. (Mayo, N.)

Harcourt, Robert V. (Montrose)

Middlebrook, William

Brace, William

Harmsworth, Cecil (Luton, Beds)

Millar, James Duncan

Brady, P. J.

Harvey, A. G. C. (Rochdale)

Molloy, M.

Brocklehurst, W. B.

Harvey, T. E. (Leeds, West)

Molteno, Percy Alport

Brunner, John F. L.

Harvey, W. E. (Derbyshire, N.E.)

Montagu, Hon. E. S.

Bryce, J. Annan

Haslam, James (Derbyshire)

Mooney, John J.

Buckmaster, Stanley

Haslam, Lewis (Monmouth)

Morgan, George Hay

Burke, E. Kaviland

Hayden, John Patrick

Morrell, Philip

Burt, Rt. Hon. Thomas

Hayward, Evan

Morison, Hector

Buxton, Noel (Norfolk, N.)

Hazleton, Richard (Galway, N.)

Morten, Alpheus Cleophas

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

Healy, Timothy Michael (Cork, East)

Munro, R.

Byles, Sir William Pollard

Helme, Sir Norval Watson

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

Cameron, Robert

Henderson, Arthur (Durham)

Murray, Captain Hon. A. C.

Carr-Gomm, H. W.

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

Nannetti, Joseph P.

Cawley, Sir Frederick (Prestwich)

Henry, Sir Charles

Needham, Christopher T.

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

Herbert, Col. Sir Ivor (Mon., S.)

Neilson, Francis

Chancellor, H. G.

Higham, John Sharp

Nolan, Joseph

Chappie, Dr. William Allen

Hinds, John

Norman, Sir Henry

Clancy, John Joseph

Hobhouse, Rt. Hon. Charles E. H.

Nugent, Sir Walter Richard

Clough, William

Hodge. John

Nuttall, Harry

Clynes, John R.

Hogge, James Myles

O'Brien, Patrick (Kilkenny)

Collins, G. P. (Greenock)

Hope, John Deans (Haddington)

O'Connor, John (Kildare, N.)

Collins, Stephen (Lambeth)

Home, C. Silvester (Ipswich)

O'Connor, T. P. (Liverpool)

Compton-Rickett, Rt. Hon. Sir J.

Hudson, Walter

O'Doherty, Philip

Condon, Thomas Joseph

Hughes, S. L.

O'Donnell, Thomas

Cornwall, Sir Edwin A.

Isaacs, Rt. Hon. Sir Rufus

C'Dowd, John

Cotton, William Francis

John, Edward Thomas

Ogden, Fred

Craig, Herbert J. (Tynemouth)

Jones, Sir D. Brynmor (Swansea)

O'Grady, James

Crumley, Patrick

Jones, Edgar (Merthyr Tydvil)

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

Cullinan, John

Jones, H. Haydn (Merioneth)

O'Malley, William

Dalziel, Sir James H. (Kirkcaldy)

Jones, William (Carnarvonshire)

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

Davies, Timothy (Lines., Louth)

Jones, W. S. Glyn- (T. H'mts., Stepney)

O'Shaughnessy, P. J.

Delany, William

Jowett, Frederick William

O'Shee, James John

Denman, Hon. Richard Douglas

Joyce, Michael

O'Sullivan, Timothy

Devlin, Joseph

Keating, Matthew

Parker, James (Halifax)

Dillon, John

Kellaway, Frederick George

Pearce, Robert (Staffs, Leek)

Doris, William

Kelly, Edward

Pearce, William (Limehouse)

Duffy, William J.

Kennedy, Vincent Paul

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

Duncan, C. (Barrow-in-Furness)

King, J. (Somerset, N.)

Philipps, Col. Ivor (Southampton)

Duncan, J. Hastings (York, Otley)

Lamb, Ernest Henry

Phillips, John (Longford, S.)

Edwards, Sir Francis (Radnor)

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

Pirie, Duncan V.

Eillbank, Rt. Hon. Master of

Lambert, Richard (Wilts, Cricklade)

Pointer, Joseph

Esmonde, Dr. John (Tipperary, N.)

Lansbury, George

Pollard, Sir George H.

Esmonde, Sir Thomas (Wexford, N.)

Lardner, James Carrige Rushe

Ponsonby, Arthur A. W. H.

Essex, Richard Walter

Law, Hugh A. (Donegal, West)

Power, Patrick Joseph

Falconer, James

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

Price, C. E. (Edinburgh Central)

Farrell, James Patrick

Leach, Charles

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

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

Scott, A. MacCallum (Glas., Bridgeton)

Wason, Rt. Hon. E. (Clackmannan)

Pringle, William M. R.

Seely, Col. Rt. Hon. J. E. B.

Wason, John Cathcart (Orkney)

Radford, G. H.

Sheehy, David

Webb, H.

Raffan, Peter Wilson

Simon, Sir John Allsebrook

White, J. Dundas (Glas., Tradeston)

Raphael, Sir Herbert Henry

Smith, Albert (Lancs., Clitheroe)

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

Rea, Rt. Hon. Russell (South Shields)

Smith, H. B. L. (Northampton)

White, Patrick (Meath, North)

Rea, Walter Russell (Scarborough)

Smyth, Thomas F. (Leitrim, S.)

Whitehouse, John Howard

Reddy, Michael

Snowden, Philip

Whittaker, Rt. Hon. Sir Thomas P.

Redmond, John E. (Watertord)

Soames, Arthur Wellesley

Whyte, A. F.

Redmond, William (Clare, E.)

Spicer, Sir Albert

Wiles, Thomas

Rendall, Athelstan

Summers, James Woolley

Wilkie, Alexander

Richardson, Albion (Peckham)

Sutherland, J. E.

Williams, John (Glamorgan)

Richardson, Thomas (Whitehaven)

Sutton, J. E.

Williams, P. (Middlesbrough)

Roberts, Charles H. (Lincoln)

Taylor, John W. (Durham)

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

Roberts, George H. (Norwich)

Taylor, T. C. (Radcliffe)

Wilson, John (Durham, Mid)

Robertson, Sir G. Scott (Bradford)

Tennant, Harold John

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

Robertson, J. M. (Tyneside)

Thomas, Abel (Carmarthen, E.)

Wilson, W. T. (Westhoughton)

Roch, Walter F. (Pembroke)

Thomas, J. H. (Derby)

Winfrey, Richard

Roche, Augustine (Louth)

Thorne, G. R. (Wolverhampton)

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

Rose, Sir Charles Day

Toulmin, Sir George

Young, Samuel (Cavan, East)

Rowlands, James

Trevelyan, Charles Philips

Young, W. (Perthshire, E.)

Rowntree, Arnold

Ure, Rt. Hon. Alexander

Yoxall, Sir James Henry

Runciman, Rt. Hon. Walter

Verney, Sir Harry

Russell, Rt. Hon. Thomas W.

Wadsworth, John

Samuel, J. (Stockton-on-Tees)

Ward, John (Stoke-upon-Trent)

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

Scanlan, Thomas

Wardle, George J.

Schwann, Rt. Hon. Sir Charles E.

Waring, Walter

The Amendment of the hon. Gentleman the Member for the Wells Division (Mr. Sandys), as well as several others, is unnecessary for the purpose for which they are put forward.

On a point of Order. Is not any hon. Member entitled to move an Amendment on the Paper if it is not distinctly ruled out of order? I should like to move the Amendment of the hon. and learned Gentleman the Member for Bucks (Sir Alfred Cripps). On the face of it it seems a very reasonable Amendment.

The effect of the Amendment is to prevent the Irish Parliament going beyond the powers given to it expressly for the making of laws for the peace, order and good government of Ireland. As the Clause is at present it runs:

Subject to the provisions of this Act the Irish Parliament shall have power to make laws for the peace, order and good government of Ireland."

Therefore, as I understand the matter, the Irish Parliament will have not only power to make laws for peace, order and good government, but any other powers which Parliament ordinarily has, subject to the provisions of this Act and the reservations made. If the Amendment standing in the name of my hon. Friend, the Member for the Bucks Division (Sir Alfred Cripps) were adopted it would be just different from that. The Irish Parliament would have limited powers to make laws for the peace, order and good government of Ireland, also in respect of the provisions of this Act. It would therefore restrict them in respect of powers which are not included in the whole phrase. That on the face of it seems an Amendment of substance, though, of course, as I took up the matter at the last moment I was prevented from considering it. It seems an Amendment which deserves the attention of the Committee in not a very long discussion perhaps, but such a discussion as will make it clear.

May I submit a point of Order: that an Amendment to this effect would be in order, because a little lower down we come to practically the same point on my Amendment? Here we are setting up a statutory Parliament, and we are giving that Parliament the right to deal with the peace, order, and good government of Ireland. Then in the next Clause certain things are expressly excluded. The object of this Amendment is to have it clear that nothing beyond peace, order, and good government is given in the first instance. Of course these other special matters are excluded. If we have not some words of this kind put into the Bill it might be deemed that we were setting up a Parliament with all kinds of miscellaneous powers, and that nothing is excluded except matters which are expressly excluded.

I do not think the hon. Member's Amendment will be cut out by this Amendment. I would suggest to the Noble Lord that if the course he suggests were followed, it would cut out or seriously prejudice the later Amendment of the hen. Member for the Wells Division, and also that of the hon. and learned Gentleman the Member for Kingston (Mr. Cave).

If it is more convenient my point should be raised on some subsequent Amendment, that will satisfy me.

The Amendment of the hon. Gentleman the Member for Taunton (Mr. Peel) is next.

I did not call upon the hon. Member because I did not see him in his place. I usually look for him in a different part of the House.

On a point of Order. May I suggest that hon. Members may be outside the purview of the Chair and yet within the precincts of the House?

I am dealing with a point of Order. I have made my apologies to the hon. Gentleman the Member for Wigan (Mr. Neville).

If the Noble Lord will wait for a moment, he will see I am dealing with a point of Order. I was asked concerning an Amendment standing in the name of the hon. Member for Wigan. I ruled it out of order on the ground that it should be brought forward as a new Clause. It cannot be brought in as an Amendment to this Clause.

May I point out Mr. Whitley, that this Clause as proposed follows naturally upon the words immediately in front of it, which are: "Subject to the provisions of this Act," and they read:

"and subject also to any curtailment of the powers conferred by this Act which may from time to time be determined by His Majesty in Council on an Address from both Houses of Parliament of the United Kingdom."

I submit that this Clause ought to follow on and be an overriding Clause at the head of the Clause dealing with the safeguards which are included in the Clause.

For the reason that it contains an overriding power and governs the whole Bill, it ought to be brought in in the form of a new Clause, so that it may effect its purpose.

May I, on a point of Order, inquire as to a matter of general interest which arises from your observations? You said that you did not call upon my hon. Friend because you did not see him in his place. I only want to know, in order to be quite clear, for your ruling seems to be contrary to what I understood to be the general practice, which was to call upon an hon. Member whose Amendment was in order, or whose Amendment might be in order. I only want to know for our guidance whether the rule you have suggested is to be followed.

It certainly is not the practice when an Amendment is not in order to call upon the hon. Member in whose name it stands.

8.0 P.M.

I should like to ask whether when we have Amendments on the Paper we are to wait till you call upon us or are we to rise in our places when the Amendments are reached? Because there is some idea that if we do not rise in our places you may pass over our names.

May I point out that an Amendment almost identical in terms as that standing in the name of my hon. Friend the Member for Wigan stands upon the Paper in my name? I am quite aware I might very easily be overlooked. We might have got beyond my Amendment because I was waiting for you to call upon my hon. Friend, and in that way I might have been precluded from moving an identical Amendment.

The reason I did not call upon the hon. Gentleman was that I communicated with an hon. Friend of his near him, and I thought that information had reached him.

I wish to raise a point of Order which I think is of some importance. Is it not the practice—I am simply asking for information—to call the name of the hon. Member in whose name an Amendment stands, and if he is not in his place, is it not competent for another hon. Member to move that Amendment? I am aware it is not competent for another hon. Member to do so on Report, but is it not the practice to do so in Committee?

The hon. Member for South Bucks came to the Table and told me he did not propose to move, and in these circumstances it certainly is not the practice to call the name.

I was referring to the case where you would have no knowledge as to whether the Amendment was withdrawn. If such an Amendment was in order, is it not the practice to call the name of the hon. Member and for anyone else who happened to desire to do so to move that Amendment in the absence of the hon. Member in whose name it stands?

It is important to us to know exactly what the procedure is to be. With reference to your observation, Mr. Whitley, as to my Amendment, that you had communicated with the hon. Member for North Durham, that is quite true, and he communicated with me; but I understood I might have an opportunity of making a submission to you upon your intended ruling, and if my name had been called I would have made a submission to you very much on the same ground as my hon. Friend the Member for Wigan has already done. I should like now to submit to you in addition to what he has said that this is the proper place for this Amendment to come in, and for this reason: that if it is turned into a new Clause it cannot be discussed until the whole of the rest of the Bill is passed into Committee. The view which the Committee might take on subsequent Clauses of the Bill, and especially of Clause 2, might very largely depend upon whether or not this Amendment was accepted and carried, because it deals with the very material matter of practical supremacy of the Imperial Parliament. It is an attempt to give practical effect to the supremacy of this Parliament, and if that Amendment were accepted or carried, it might very materially affect the view hon. Members might take with regard to the exclusion of powers given to the Irish Parliament, or the reverse. Therefore it is very material we should know whether the supremacy is to be resident in this Parliament before we proceed to discuss the distribution of powers as between this Parliament and the Irish Parliament.

All I want to say is that a proposal to empower the Executive to repeal or amend a Bill is so novel a proposal, that it cannot come within the scope of the discussion at this stage.

May I point to you, Mr. Whitley, that when the Home Rule Bill was in Committee in 1893 a similar Amendment was moved by Mr. Brodrick, and there was no suggestion then that it should be postponed, or that it should be brought up as a separate Clause. There were a large number of Amendments upon the Clause which came on afterwards. I submit that this is really the proper place in which this matter ought to be discussed.

Before you reply, Mr. Whitley, might I put this point? Supposing a Clause was subsequently carried in the direction indicated by this Amendment, namely, giving power of curtailing the powers of the Irish Parliament, surely the proper place to insert them is here. This Clause shows the Irish Parliament has power to do certain things. That power is subjected to the provision of the Act, and must surely be subject to any other Clause. Therefore, as a matter of drafting, I venture to submit that this Amendment is in order, and, indeed, necessarily so here.

I may take it, Mr. Whitley, from what you subsequently stated, that you do not refrain from calling upon an hon. Member because your eye does not discern him?

I beg to move after the word "Act" ["Subject to the provisions of this Act the Irish Parliament shall have power"] to insert the words "and to any Amendments thereof."

I venture to suggest that this is an Amendment of the very greatest importance. Of course, various views maybe taken of what I might call constitutional Bills of this kind. I move this Amendment, and I hope the Prime Minister may accept it in order to avoid very great difficulties that may arise. The Committee will remember that the Act of Union of 1800 was far more than an Act of Parliament which could be amended or altered by some subsequent Act of Parliament. It was regarded as a great contract between two nations which could not be altered by the ordinary rules of Parliamentary procedure unless there was an agreement in some sense between the two nations which could be ascertained. I think it is very probable the same view might be put forward in regard to this Bill at some later day, and it might be claimed that this is not merely a measure of delegation, as the Prime Minister represents it to be, not merely a subordinate Parliament to be followed by several other subordinate Parliaments, but that it is something larger, and that it is actual separation in the sense this Parliament has set up and given powers to that Irish Parliament, and that its decisions cannot be revoked except by some pact or agreement between the two nations concerned. I am quite aware of the Prime Minister's contention—I am not losing sight of the fact that from the legal theoretical point of view this Parliament has got power to do anything it desires. I put my case far more widely than that. I am putting it in a moral sense. It may be argued, and with great force, that although you do retain the theoretical power, it is divested of the moral power, because it was an agreement between two nations, and it was some sacred pact; that is not an Act of Parliament that can subsequently be altered by some small Amendment. Of course, that applies to the whole subject, and may apply to the legal portion as well. You have certain general powers given to the new Irish Parliament and certain powers reserved to the Imperial Parliament. Perhaps that is not quite the accurate way of putting it.

The Irish Parliament is forbidden to deal with certain matters, which are therefore reserved to the Imperial Parliament; but it may well happen that, in the course of time, certain powers entrusted to the Irish Parliament may be found to have been unwisely entrusted, and it may be a wise and proper thing that certain of these powers should be withdrawn. You may look at it from the other point of view, namely, that when other Parliaments are established in other portions of the United Kingdom it may be well that certain other powers which are now reserved should be extended. I admit the difficulty is not the same in granting powers as withdrawing powers. It is not so easy to withdraw powers. I want it to be put very clearly in the forefront of the Act itself so that the Irish representatives, if this Amendment is accepted, will be deemed to have accepted the fact that this Act can be subsequently altered and modified; and that they will not be able to state that it cannot be altered at a later date, and that they may not be able to plead that this Imperial Parliament has parted with its authority, and that whatever its high legal theoretic prerogatives and moral force and power may be its authority is entirely withdrawn. It is upon that ground I move this Amendment. I suggest respectfully to the Prime Minister that it is a matter of the greatest importance. It should be made plain and unmistakable in the Act that this Parliament retains the legal right either to alter, modify, or repeal this Act if experience shows that its working is not suited to the relations existing between the two countries.

I think I understand the point which the hon. Member intends to raise by this Amendment. He quite frankly states that it does not add anything to the legal effect of the Bill, and that the Act of Parliament must be construed in the same way, whether these words are inserted or not. But what I understand him to want is, that it should appear in the Act that amendment by the Imperial Parliament can be made.

The hon. Member's main contention is that that should be made clear. I entirely agree that this Act can be amended and must be amended in many of its particulars by subsequent legislation. That is beyond the shadow of a doubt. The suggestion that there is anything in this Act that takes it out of the category of an ordinary Act of Parliament is wholly untenable and unfounded. It is quite true arguments of that kind have been used in regard to the Act of Union between England and Scotland, and the Act of Union between Ireland and Great Britain. In both those cases a treaty is set out with a number of articles arrived at as to what are to regulate the independent Parliament. In the case of Grattan's Parliament and others that was so, and those might fairly be said to fall within the category of international compacts, and you do attach to them an inviolability and sacrosanctity which does not belong to an ordinary Act of Parliament. It has been pointed out more than once in these Debates that even in those cases, and in such instances as the Disestablishment of the Irish Church, which was a crucial one, Parliament has not hesitated to interfere with the provisions which were contained in the Act of Union itself. It is not suggested that this Bill falls within that category. In itself it exactly stands on the same footing as every Act of Parliament assented. to by this House, the House of Lords, and the Crown, and undoubtedly it is subject to the unlimited power of the Imperial Parliament to amend all or any of its provisions at any time, and in any way the Imperial Parliamen may think fit. I do not think we should be adding in the least degree to the effect of this Act if we were to accept the Amendment of the hon. Gentleman opposite. Every Act of Parliament contains by implication this very provision, and to insert it here when we do not insert it anywhere else is to suggest a distinction for which I do not think there is any logical ground.

The Prime Minister has pointed out that although the Act of Union cannot legally be altered by this House, protests have been made when it has been attempted to alter it. We know perfectly well that when suggestions were made for altering the Act of Union by diminishing the representation of Ireland in this House, the most violent protests have been made from Ireland on the very ground that the Act of Union is a treaty, and that you would be violating the provisions of that treaty. That is exactly what will happen in the future if this House desires to limit the powers given by this Bill to Ireland. We should then be told, with just as much justice as in the case of the Act of Union, that you solemnly made a great treaty with Ireland, a great national settlement conceding certain powers, and now you are trying to take away those powers or diminish them. That can be said by the Irish, and said with some force. The Prime Minister very properly says his intention and the intention of this House is that this Act should be amended, and not merely legally amended, but, if it is necessary, it should not be open for anyone to say you have no moral right to do it. The Prime Minister admits that this Act should be amended and that the right to cut down the powers given should be exercised. If that be so, surely it is best to put it on the face of the Bill and make clear what the intention of the Government is.

It is all very well for the Prime Minister to make a statement as to what he intends, and, of course, with his authority it would have weight for a year or two, or for whatever length of time his Irish allies may accept his authority. But when this Act comes to be interpreted some ten years hence, will anyone pay any respect to what was said on the Treasury Bench in the course of this Debate? What they will point to is what is contained in the words of the Act, and if anyone digs up the Parliamentary Debates and states that the Prime Minister said the intention was that this Act should be amended, the answer will be, if that was the intention of the House of Commons why was it not on the face of the Bill. In order that there may not be this conflict of opinion hereafter the right hon. Gentleman should make it plain on the face of the Bill whether this House desires to limit the powers of the Irish Parliament or not, and state clearly whether this is a power which ought to be exercised if this House should hereafter desire it. I wish we had the hon. and learned Member for Waterford here, in order that we might know whether he agrees with the Prime Minister on this point. In the future the hon. and learned Member may say on this point, "I was not here when the statement was made, and I was not a party to the alleged understanding by which this Act was to be amended, and I am only bound by the words of the Bill." I ask the Prime Minister to make it quite clear on the face of the Bill that his intention is being carried out in common with the intention of my hon. Friend, and that it will not do for anyone in the future to dispute the legal or the moral right of this House to amend this Act.

I am not quite satisfied whether the words proposed by this Amendment constitute the best way of giving effect to the meaning of my hon. Friend. If the Prime Minister will tell us at the end of this Clause he is willing to add a few words to say, "In other matters which the Imperial Parliament from time to time may also prescribe" it would be clear that in setting up the Irish Parliament the Imperial Parliament must reserve to itself the right at any future time to cut down the powers which are expressly given at this juncture. It is very important that this matter should be made clear, and I hope my hon. Friend will go to a Division unless he can get some assurance of a practical character to make it clear in the Bill that this is not a national compact. When we set up a new Parliament in Ireland and give it certain powers and certain limitations, it must be distinctly reserved to this Parliament to alter those powers or limitations, either in the nature of extension or reduction. We are familiar with Amendments which are frequently proposed here, reserving the right of Parliament to make an alteration, and we are all familiar with the sort of answer the Government gives that anything Parliament does, Parliament at some future date can undo and alter, but this Parliament is somewhat different. It is in the nature of making a new Parliament and giving certain rights and limitations to that Parliament. It might be contended on some future occasion when it is proposed to put some restriction in addition to this in Clause 2, when it is proposed by the Imperial Parliament to put in some new restrictions that the Irish Parliament has only forty-two representatives, but the Parliament that gave this right had 103 representatives, and you have given this right. It will be said that your Imperial Parliament, from the point of view of Ireland, is not the same as the Imperial Parliament which distinctly gave certain rights and limited restrictions. If the Prime Minister would be willing to add at the foot of Clause 2 the words "such other matters as the Imperial Parliament may from time to time by way of limitation exclude," then it would be clearly reserving the right to the Imperial Parliament to do what is suggested in the Amendment. The Prime Minister's contention is that this power exists, and that it can be exercised in the future.

The Prime Minister says there is no doubt about this power, and therefore he objects to this Amendment because it is unnecessary. I venture to go one step further and to ask the Prime Minister to look at it, not so much from the legal point of view or from the point of view of the words that we are actually putting into the Bill as from the point of view that when you are setting up a separate Legislature and are making an alteration in the constitution of this Parliament, it is certainly desirable to make it clear to the new Irish Parliament that their consent will not be required to making any further limitation which a few years hence it may be desired to make in the powers of the Irish Parliament. I appeal to the Prime Minister, not so much to accept the words of this particular Amendment, because I am not sure they are particularly happy or carry out the idea in a proper manner, as to consider whether at the bottom of Clause 2 it would not be extremely desirable to carry out what he himself has told us to-night it is desired to carry out, namely, to make a reservation of the right of the Imperial Parliament from time to time to exclude from the jurisdiction of the Irish Parliament any matter which the Imperial Parliament may determine to do. I hope the Prime Minister will see his way to do something of this kind, so that at some future date, when it is conceivable a difficulty of a serious character may arise between the two Parliaments, we shall have words in the Bill which will enable the Imperial Parliament to pass a law applicable to Ireland and which make it clear that to the extent which any Irish Act is inconsistent with the law passed by the Imperial Parliament the Irish Act must stand down and the Act of the Imperial Parliament be paramount. It would certainly be better to make it absolutely clear this Imperial Parliament does reserve the right in future years to impose further restrictions which they may see fit to impose upon the Irish Parliament.

After what the Prime Minister has said, I cannot understand why the Government do not accept the Amendment. The hon. Member for the Scotland Division of Liverpool (Mr. T. P. O'Connor) when in Canada at the end of 1910 told the Canadians that the Parliament Ireland wanted was very much on the same lines as the Parliament of Quebec. The Acts of the Parliament of Quebec are frequently vetoed by the Ottawa Parliament. If we are passing an Act which has no more chance of being altered than, say, the British North American Act of 1867, which has not been altered or amended in any way, we are simply allowing the Irish nation we believe their Parliament is not to be a subordinate Parliament but an independent Parliament. No Government in this country would think of amending the British North American Act, because if they did so the Canadians would deeply resent it. The Government in Ottawa have the power of vetoing and overriding the Acts of the Government of Quebec, and, if the hon. Member for the Scotland Division of Liverpool was right in his interpretation of the Irish wishes in 1910, then these words would not be resented by the Nationalist Members. On the contrary, they would accept the Amendment, and would, I presume, vote for its inclusion in the Bill. I sincerely hope my hon. Friend will press the Amendment to a Division if it is not accepted by the Government.

I Hope the Prime Minister will do something to meet us in regard to this Amendment. There are so many novelties now in the way of legislation and procedure that I do not think he need be afraid of doing something which has not been done in some previous Act of Parliament by inserting these words. I am particularly anxious to have them put in, because I think they will give some assurance to the people of this country who are at present a little doubtful upon the point that this Imperial Parliament does mean, should an Irish Parliament be set up, to be supreme in their own House. I am perfectly sure a great many people think that, supposing that which has been promised us by hon. Gentlemen sitting in the Nationalist quarter of the House should ever be translated into deeds, the Imperial Parliament ought to be able by Amendment to screw up this Act so that those deeds should no longer be possible. We have not forgotten the kind of language used by the hon. Member for Water-ford (Mr. John Redmond), who talked about turning English rule, bag and baggage, out of Ireland. We have not forgotten one of the latest speeches of the hon. Member for East Mayo (Mr. Dillon), who said, "Our modern demand has always been that, whatever Parliament is given to Ireland, it must have absolute control over the taxation of Ireland and over the Executive Government of Ireland." It may well be when this Act is passed the Nationalist Members from Ireland—and I should not blame them for it—may go on and try to make those words good, and put pressure, perhaps upon their Ulster fellow countrymen, by way of getting English rule bag and baggage out of the country. Perhaps in other ways they may try and go on to weaken this Parliament. I do believe the people of Great Britain want an assurance the Act will be so screwed up that no persecution will be possible, and that in every way we shall hold a real supremacy over the Irish Parliament. That might be done by way of Amendment, and I am quite sure a great deal of security would be felt in the minds of a great many of the Prime Minister's own followers on that side of the House and in the country if he could see his way to inserting the words suggested by my hon. Friend, whom I shall certainly follow in the Division Lobby.

I should like to draw the Prime Minister's attention to the fact that this Bill has been spoken of as pro- viding a final settlement of the Irish question. If it becomes law, and does provide a final settlement, then it seems to me it will be wholly impracticable for this Parliament to interfere, except, of course, by, force pf arms, with that which is deemed a final settlement. It therefore does seem that those who are naturally timid of the effects which this Bill will produce ought to receive from the hands of the Government, as I always understood the Government desired they should receive, every reasonable safeguard that can be devised to allay their fears and give them some sort of security. The advantages of putting into the Bill the words moved by my hon. Friend are these: It gives distinct notice to those who may be willing, or who perhaps may be driven, to set up and claim for themselves in Ireland a Parliament which is not subordinate but supreme. It gives distinct notice also that this Bill does not set up any Parliament which is supreme, and that it sets up merely a subordinate Parliament. What we have got to look at in this House is not merely Ireland, but the various sections of the United Kingdom, and we have got to make, if we are statesmen at all, provision in the case of accident to enable this country to reassert its power if necessary, and to let the people of Ireland, the Nationalists of Ireland, know that this country has preserved to itself that power. The effect of notice is not only that everybody knows, but it seems to me to be even more beneficial since it shows upon the face of it that this Parliament intends, if necessary, to amend the Bill and curtail it, by giving further powers or by restricting them, so that this subordinate Parliament cannot attempt to become an insubordinate Parliament, because it receives notice clearly that that right is reserved to this Parliament.

I should like to reinforce what was said by the hon. Member for York. If we are going merely to rely on what is said in Committee of the House of Commons for the interpretation of Acts of Parliament, then it is quite clear that the whole course of construction in this country is changed, since it has been upheld whenever the point has arisen with undeviating force that you cannot refer, when you proceed to interpret an Act of Parliament, to anything which took place in the House of Commons, but that you must confine your interpretation or dissection to the actual words which are used in the Act of Parliament. Although many pious opinions may be expressed by the Prime Minister, just as by hon. Members who represent Nationalist constituencies in Ireland, still they are of no value. We desire on this side of the House to have in this Bill, so far as words can do it, distinct notice to the people, not only of Ireland, but of England and Scotland and Wales, whose interests may be affected by legislation which may take place in Ireland, that for all the paper safeguards there may be in this Bill that this Act is not final, and that if it is final it will only be so so long as the Irish Parliament strictly keeps to the strict interpretation of the Act and fulfils the subordinate position which has been given to it by the Government. To that extent it seems to me it is really a very important Amendment. There was an Amendment in my name which was unfortunately ruled out of order, and which would have enabled me to give illustrations of the importance of this particular Amendment. As that Amendment of mine will not be reached until the end of the Bill, which may, of course, be on Tib's Eve or any other eve, I shall ask the Prime Minister to give us facilities to discuss the Amendment, which really goes to the root of the Bill, and which, so far as words can do so, safeguards the people who are likely to be affected and prejudiced by this Bill. That we have the clearest right to expect from the Government.

I must say I have not been able to appreciate the point the Prime Minister made in drawing a distinction between the Act of Union as an agreement, as a compact, as a treaty, between two contracting parties, and not to observe the same conditions so far as this Bill is concerned. I admit that on the face of it it is not a settlement between two contracting parties, but undoubtedly the Bill has always been put forward as a settlement and understanding between two contracting parties. Moreover, we have been told that under the settlement of the Union the representation of Ireland in the Imperial House was irrevocable and that no one would dare to alter the representation of Ireland. I contend, if that was the understanding and the compact, Ireland to-day comes forward, and the Nationalists are prepared to accept a settlement by which the representation of Ireland in the Imperial Parliament is to be cut down, and that, in my opinion, is a compromise and is a settlement, and is a kind of basis of a treaty. For that reason I cannot follow the argument of the Prime Minister, who tried to establish a differentiation between the treaty of the Act of Union and the understanding that this Bill implies. In so far as the Prime Minister said that the Bill is capable of Amendment I would support my hon. Friend who moved this Amendment; if that is the intention it ought to be put in the Bill.

As to the point put just now by my hon. Friend, the Prime Minister did draw a distinction between Acts of Parliament which were treaties and those which were not. He instanced the Act of Union of 1800 and the Union with Scotland, and explained that there was a difference betweens Acts of that kind and this Act, which merely, as he would put it, grants certain powers to a subordinate Parliament. I quite admit there is a distinction of that kind, but I want to submit for his consideration that really this Bill is of the same kind as a treaty, for this reason. In the Act of 1800 certain representation was given to Ireland. That representation was made partly on the basis of population and partly on the basis of wealth. It has always been contended by the Irish Members that it is impossible for this House to put down that representation. I have heard in this House suggestions made that Irish Members would; die on the floor of the House or perform all sorts of heroic actions if the threat was carried out to diminish their representation because, and precisely because, it was given as part of a treaty. The Irish Members come forward now and say "We will agree to our representation being cut down to forty-two if you give us these powers and this Parliament." You can therefore regard this Bill as a modification of the treaty of 1800, but if you were to say afterwards, "Oh, no, now I am going to withdraw some of these powers or modify them," they would say, "Very well, give us back our Members. We consented to a reduction on the understanding that we were to get something for it, and if you are going to break that which is a modification of a treaty you must go back to the status quo. " I therefore suggest to the Prime Minister that, though in a sense and on the face of it this is different from an Act of Union or Treaty, that it can really be brought into that class because it is indeed and in fact a modification of the Act of Union, and, therefore, in that contention, a modification of a treaty.

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

The Committee divided: Ayes, 136; Noes, 271.

Division No. 134.]

AYES.

[8.45 p.m.

Amery, L. C. M. S.

Glazebrook, Capt. Philip K.

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

Anson, Rt. Hon. Sir William R.

Goldman, C. S.

Morrison-Bell, Major A. C. (Honiton)

Archer-Shee, Major M.

Gordon, John (Londonderry, South)

Mount, William Arthur

Ashley, W. W.

Gordon, Hon. John Edward (Brighton)

Neville, Reginald J. N.

Astor, Waldorf

Grant, J. A.

Newman, John R. P.

Baird, J. L.

Greene, W. R.

Newton, Harry Kottingham

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

Gretton, John

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

Balcarres, Lord

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

Paget, Almeric Hugh

Baldwin, Stanley

Gwynne, R. S. (Sussex, Eastbourne)

Pease, Herbert Pike (Darlington)

Barlow, Montague (Salford, South)

Hall, D. B. (Isle of Wight)

Pole-Carew, Sir R.

Barnston, H.

Hambro, Angus Valdemar

Pryce-Jones, Col. E.

Barrie, H. T. (Londonderry, N.)

Harris, Henry Percy

Rawlinson, John Frederick Peel

Benn, Arthur Shirley (Plymouth)

Harrison-Broadley, H. B.

Roberts, S. (Sheffield, Ecclesall)

Benn, Ion Hamilton (Greenwich)

Helmsley, Viscount

Ronaldshay, Earl of

Beresford, Lord C.

Henderson, Major H. (Berks, Abingdon)

Rothschild, Lionel de

Bird, A.

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

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

Boles, Lieut.-Col. Dennis Fortescue

Hewins, William Albert Samuel

Salter, Arthur Clavell

Boyle, W. L. (Norfolk, Mid)

Hickman, Colonel Thomas E.

Sanders, Robert Arthur

Boyton, James

Hill, Sir Clement L.

Sandys, G. J. (Somerset, Wells)

Bridgeman, W. Clive

Hill-Wood, Samuel

Sassoon, Sir Philip

Burgoyne, A. H.

Hoare, S. J. G.

Smith, Harold (Warrington)

Burn, Colonel C. R.

Hohler, G. F.

Spear, Sir John Ward

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

Hope, Harry (Bute)

Stanley, Hon. G. F. (Preston)

Carlile, Sir Edward Hildred

Hope, James Fitzalan (Sheffield)

Stewart, Gershom

Cassel, Felix

Hume-Williams, Wm. Ellis

Strauss, Arthur (Paddington, North)

Castlereagh, Viscount

Jardine, Ernest (Somerset, East)

Swift, Rigby

Cave, George

Joynson-Hicks, William

Sykes, Alan John (Ches., Knutsford)

Chaloner, Col. R. G. W.

Kerr-Smiley, Peter Kerr

Sykes, Mark (Hull, Central)

Chaplin, Rt. Hon. Henry

Kimber, Sir Henry

Talbot, Lord E.

Collings, Rt. Hon. J. (Birmingham)

Knight, Captain Eric Ayshford

Terrell, George (Wilts, N.W.)

Cooper, Richard Ashmole

Kyffin-Taylor, G.

Terrell, Henry (Gloucester)

Craig, Charles Curtis (Antrim, S.)

Larmor, Sir J.

Thompson, Robert (Belfast, North)

Craig, Captain James (Down, E.)

Lewisham, Viscount

Thomson, W. Mitchell- (Down, North)

Craig, Norman (Kent, Thanet)

Lloyd, George Ambrose

Touch, George Alexander

Crichton-Stuart, Lord Ninian

Locker-Lampson, G. (Salisbury)

Tullibardine, Marquess of

Croft, Henry Page

Locker-Lampson, O. (Ramsey)

Valentia, Viscount

Dalrymple, Viscount

Lonsdale, Sir John Brownlee

Walrond, Hon. Lionel

Denniss, E. R. B.

Lyttelton, Hon. J. C. (Draitwich)

Ward, A. S. (Herts, Watford)

Dixon, C. H.

MacCaw, William J. MacGeagh

Weigall, Captain A. G.

Doughty, Sir George

Macmaster, Donald

Willoughby, Major Hon. Claude

Duke, Henry Edward

M'Calmont, Colonel James

Wright, Henry Fitzherbert

Eyres-Monsell, Bolton M.

M'Mordie, Robert James

Yate, Colonel C. E.

Fell, Arthur

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

Fletcher, John Samuel (Hampstead)

Malcolm, Ian

Forster, Henry William

Mason, James F. (Windsor)

TELLERS FOR THE AYES.—Mr. Peel and Mr. Butcher.

Gastrell, Major W. Houghton

Middlemore, John Throgmorton

Gilmour, Captain John

Moore, William

NOES.

Abraham, William (Dublin Harbour)

Bryce, J. Annan

Denman, Hon. R. D.

Acland, Francis Dyke

Buckmaster, Stanley O.

Devlin, Joseph

Adamson, William

Burke, E. Haviland-

Dillon, John

Adkins, Sir W. Ryland D.

Burt, Rt. Hon. Thomas

Doris, William

Agnew, Sir George William

Buxton, Noel (Norfolk)

Duffy, William J.

Ainsworth, John Stirling

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

Duncan, C. (Barrow-in-Furness)

Alden, Percy

Byles, Sir William Pollard

Duncan, J. Hastings (York, Otley)

Allen, Arthur Acland (Dumbartonshire)

Carr-Gomm, H. W.

Elibank, Rt. Hon. Master of

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

Cawley, Sir Frederick (Prestwich)

Esmonde, Dr. John (Tipperary, N.)

Arnold, Sydney

Cawley, H. T. (Heywood)

Esmonde, Sir Thomas (Wexford, N.)

Asquith, Rt. Hon. Herbert Henry

Chapple, Dr. William Allen

Essex, Richard Walter

Baker, Harold T. (Accrington)

Clancy, John Joseph

Falconer, James

Baker, Joseph Allen (Finsbury, E.)

Clough, William

Farrell, James Patrick

Balfour, Sir Robert (Lanark)

Clynes, John R.

Fenwick, Rt. Hon. Charles

Barnes, George N.

Collins, Godfrey P. (Greenock)

Ferens, Rt. Hon. Thomas Robinson

Barran, Rowland Hurst (Leeds, N.)

Collins, Stephen (Lambeth)

Ffrench, Peter

Barton, William

Compton-Rickett, Rt. Hon. Sir J.

Field, William

Beale, Sir William Phipson

Condon, Thomas Joseph

Fitzgibbon, John

Bentham, George Jackson

Cornwall, Sir Edwin A.

Flavin, Michael Joseph

Bethell, Sir John Henry

Cotton, William Francis

France, Gerald Ashburner

Birrell, Rt. Hon. Augustine

Cowan, W. H.

Furness, Stephen

Black, Arthur W.

Craig, Herbert J. (Tynemouth)

Gelder, Sir William Alfred

Boland, John Pius

Crumley, Patrick

Gill, A. H.

Booth, Frederick Handel

Culllnan, John

Ginnell, L.

Bowerman, C. W.

Davies, Timothy (Lines., Louth)

GJadstone, W. G. C.

Boyle, Daniel (Mayo, North)

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

Glanville, H. J.

Brady, P. J.

Dawes, J. A.

Goddard, Sir Daniel Ford

Brocklehurst, William B.

De Forest, Baron

Goldstone, Frank

Brunner, J. F. L.

Delany, William

Greenwood, Granville G. (Peterborough)

Greenwood, Hamar (Sunderland)

Macpherson, James Ian

Redmond, William (Clare)

Greig, Colonel J. W.

MacVeagh, Jeremiah

Richardson, Albion (Peckham)

Gulland, John William

McCallum, Sir John M.

Richardson, Thomas (Whitehaven)

Gwynn, Stephen Lucius (Galway)

M'Kean, John

Roberts, Charles H. (Lincoln)

Hackett, J.

Manfield, Harry

Roberts, G. H. (Norwich)

Hall, Frederick (Normanton)

Markham, Sir Arthur Basil

Robertson, Sir G. Scott (Bradford)

Harcourt, Rt. Hon. Lewis (Rossendale)

Marks, Sir George Croydon

Robertson, J. M. (Tyneside)

Harcourt, Robert V. (Montrose)

Marshall, Arthur Harold

Roche, Augustine (Louth)

Harmsworth, Cecil (Luton, Beds)

Meagher, Michael

Rowlands, James

Harvey, A. G. C. (Rochdale)

Meehan, Francis E. (Leitrim, N.)

Rowntree, Arnold

Harvey, T. E. (Leeds, W.)

Menzies, Sir Walter

Runciman, Rt. Hon, Walter

Harvey, W. E. (Derbyshire, N.E.)

Middlebrook, William

Russell, Rt. Hon. Thomas W.

Haslam, James (Derbyshire)

Millar, James Duncan

Samuel, J. (Stockton)

Haslam, Lewis (Monmouth)

Molloy, Michael

Samuel, Sir Stuart M. (Whitechapel)

Hayden, John Patrick

Molteno, Percy Alport

Scanlan, Thomas

Hayward, Evan

Montagu, Hon. E. S.

Schwann, Rt. Hon. Sir Charles E.

Hazleton, Richard (Galway, N.)

Mooney, John J.

Scott, A. MacCallum (Glas., Bridgeton)

Helme, Sir Norval Watson

Morgan, George Hay

Seely, Col. Rt. Hon. J. E. B.

Henderson, Arthur (Durham)

Morrell, Philip

Sheehy, David

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

Morison, Hector

Simon, Sir John Allsebrook

Henry, Sir Charles

Morton, Alpheus Cleophas

Smith, Albert (Lancs., Clitheroe)

Higham, John Sharp

Munro, R.

Smith, H. B. L. (Northampton)

Hinds, John

Murray, Captain Hon. Arthur C.

Smyth, Thomas F. (Leitrim)

Hobhouse, Rt. Hon. Charles E. H.

Nannetti, Joseph P.

Snowden, Philip.

Hodge, John

Needham, Christopher

Spicer, Sir Albert

Hogge, James Myles

Neilson, Francis

Sutton, John E.

Holmes, Daniel Turner

Nolan, Joseph

Taylor, John W. (Durham)

Holt, Richard Durning

Nugent, Sir Walter Richard

Taylor, Theodore C. (Radcliffe)

Horne, C. Silvester (Ipswich)

Nuttall, Harry

Tennant, Harold John

Hudson, Walter

O'Brien, Patrick (Kilkenny)

Thomas, James Henry (Derby)

Hughes, Spencer Leigh

O'Connor, John (Kildare, N.)

Thome, G. R. (Wolverhampton)

Illingworth, Percy H.

O'Connor, T. P. (Liverpool)

Touimin, Sir George

Isaacs, Rt. Hon. Sir Rufus

O'Doherty, Philip

Ure, Rt. Hon. Alexander

John, Edward Thomas

O'Donnell, Thomas

Verney, Sir Harry

Jones, Sir D. Brynmor (Swansea)

O'Dowd, John

Wadsworth, J.

Jones, Edgar (Merthyr Tydvil)

Ogden, Fred

Ward, John (Stoke-upon-Trent)

Jones, H. Haydn (Merioneth)

O'Grady, James

Wardle, George J.

Jones, William (Carnarvonshire)

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

Waring Walter

Jones, William S. Glyn- (Stepney)

O'Kelly, James (Roscommon, N.)

Wason, John Cathcart (Orkney)

Jowett, Frederick William

O'Malley, William

Webb, H.

Joyce, Michael

O'Shaughnessy, P. J.

White, J. Dundas (Glas., Tradeston)

Keating, Matthew

O'Shee, James John

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

Kellaway, Frederick George

O'Sullivan, Timothy

White, Patrick (Meath, North)

Kelly, Edward

Parker, James (Halifax)

Whitehouse, John Howard

Kennedy, Vincent Paul

Pearce, Robert (Staffs, Leek)

Whittaker, Rt. Hon. Sir Thomas P.

King, J. (Somerset, N.)

Pearce, William (Limehouse)

Whyte, A. F. (Perth)

Lamb, Ernest Henry

Phillips, John (Longford, S.)

Wiles, Thomas

Lambert, Richard (Wilts, Cricklade)

Pointer, Joseph

Wilkie, Alexander

Lansbury, George

Pollard, Sir George H.

Williams, Penry (Middlesbrough)

Lardner, James Carrige Rushe

Ponsonby, Arthur A. W. H.

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

Law, Hugh A. (Donegal, West)

Power, Patrick Joseph

Wilson, John (Durham, Mid)

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

Price, C. E. (Edinburgh, Central)

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

Leach, Charles

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

Wilson, W. T. (Westhoughton)

Levy, Sir Maurice

Priestley, Sir Arthur (Grantham)

Winfrey, Richard

Low, Sir F. (Norwich)

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

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

Lundon, T.

Pringle. William M. R.

Young, Samuel (Cavan, E.)

Lyell, Charles Henry

Radford, G. H.

Young, W. (Perthshire, E.)

Lynch, A. A.

Raffan, Peter Wilson

Yoxall, Sir James Henry

Macdonald, J. Ramsay (Leicester)

Raphael, Sir Herbert H.

Macdonald, J. M. (Falkirk Burghs)

Rea, Rt. Hon. Russell (South Shields)

McGhee, Richard

Rea, Walter Russell (Scarborough)

TELLERS FOR THE NOES.—Mr. Wedgwood Benn and Captain Guest.

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

Reddy, M.

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

Redmond, John E. (Waterford)

I beg to move, to leave out the words "the Irish Parliament" ["the Irish Parliament shall have power"], and to insert instead thereof the words "His Majesty the King, by and with the advice and consent of the Irish Senate and the Irish House of Representatives."

The object of the Amendment is to make the Bill consonant with a well established principle of constitutional law and with constitutional practice. By the Bill it is provided that the Irish Parliament shall have power to make laws. I daresay the Attorney-General will agree as a matter of constitutional law that Parliament does not make laws. The King makes laws by and with the advice and consent of Parliament—a very material distinction. You have only to look at the operative part of this Bill. It is that "the King by and with the advice and consent of the Lords Spiritual and Temporal and of the Commons of the present Parliament." This House has to consent. It advises the King to make laws, but after it has consented it is the King who makes the laws. If you look back upon history you will find it in the Petition of Right, which followed the old constitutional form. This House and the House of Lords petitioned the King to make a law, and the way the law was made was simply by the King assenting to the petition and directing legal effect and operation to be given to it. To say that Parliament makes laws is to run counter to the whole of our constitutional history and practice. It is indeed to run counter to the framework of the Bill itself. It is wrong to say that, because the House or any other authority has to consent, therefore it makes the law.

Is it not a fact that Parliament consists of the King, Lords and Commons, and is not this Amendment trifling with the Committee?

I do not see any reason to interfere with the hon. and learned Gentleman.

That may be the view which will be taken some day or other in the Irish Parliament, but for the present I am dealing with the British Constitution. The South Africa Act of 1909, I agree, follows these words, but in the British North America Act of 1867 the power is given in the form in which I suggest by my Amendment it should be given here. It says that the King, by and with the advice and consent of the two councils which were sent up by that Act, shall have the power to make laws. In the New South Wales Act of 1855, exactly the same form was adopted, and it was also adopted in the Victoria Government Act, and as recently as 1894 in the Western Australia Act.

That is the Commonwealth Act. These are the only two exceptions you can find.

In the Australian Acts, the Canadian Act, and the Acts under which the various provincial Governments in Canada were established this form was adopted. Why introduce a new governing authority? You are introducing here, in language which may have very far reaching results, a new principle contrary to our old established principle, and contrary to the principle which you will find throughout all our legislation until you come to the two recent Acts of 1900 and 1909, the Commonwealth Act of Australia and the South Africa Act. Everywhere else you will find that the old form was adopted because it carries out the old constitutional principle and the new form does not. I do not know why there should be any objection to adopting the old form. I do not know what advantage you are going to get by setting up this new authority for making laws in Ireland instead of following the old constitutional precedent, adopting the old constitutional principle, and acting in accordance with the constitutional law as it will be found in every constitutional work. For these reasons I suggest that to make this alteration in our practice may have very far reaching results. There can be no reason for it, and there is every reason against it.

The hon. and learned Member has asked me my view as to a constitutional doctrine which he laid down, which is elementary, and which no one will dispute, but it does not touch the question which is. raised by this Amendment. I suppose when we speak of an Act of Parliament we mean an Act which is passed by both Houses and has received the Royal Assent, yet we call it an Act of Parliament. The Irish Parliament has been defined in Clause 1 as the Irish Parliament consisting of His Majesty the King and two Houses, so that you have it as plain as you could possibly have it, without spelling it out each time you come to the Irish Parliament, that it consists of the King and the two Houses. I quite fail to understand what breach of constitutional law it is that the hon. and learned Gentleman suggests. He appealed to text-books. There is no text-book which will support the view that you must not say that an Irish Parliament consisting of the King and the two Houses shall be able to pass laws. We have done it certainly in the two last Statutes which have been passed by this House. We did it undoubtedly in the Australian Commonwealth Act, where what we said was that "Parliament shall have power to make laws for the peace, good order, and good government of the Colony." What did "Parliament" mean there, and what does "Parliament" mean in the South African case, where we say again that "Parliament shall have the power to make laws for the peace, order, and good government," and so forth? In every case it is quite plain when you speak of Parliament just as you speak of an Act of Parliament you mean, as is stated here quite precisely in the Bill, the King and two Houses of Parliament. I do not quite understand what the hon. and learned Member means by one part of his Amendment. I do not think if the constitutional question raised by this Amendment were introduced we should have an Irish House of Representatives.

It was put down before expecting that the House of Commons would have been substituted for the House of Representatives.

It is only necessary to deal with the main question which has been raised. On behalf of the Government it is quite impossible to accept it. From our point of view we are proceeding quite constitutionally, and to accept the Amendment would be really to introduce confusion into the Act.

I hope, without either trifling with the Committee or displaying any extreme ignorance of elementary constitutional propositions, I may be able to satisfy the Committee that there is a very great deal in the Amendment which has not been answered by the Attorney-General. We know perfectly well the method of legislation by Parliament in this country. It is legislation by the King with the advice and consent of the two Houses of Parliament. That is elementary, and has been established by the course of procedure extending over generations. You are now setting up in Ireland a new system of legislation, and what we want to know is whether it is to be a system such as exists in this country, by the King with the advice and consent of the two Houses of Parliament, or whether it is to be some new system different from what we have here. To make it perfectly clear, my hon. and learned Friend suggests that we should insert in this Clause words showing that the system you are adopting for legislation in Ireland is to be exactly the same as that which has been adopted in Great Britain. Unless you insert these words, you utterly fail to provide in the Bill any method by which legislation in Ireland is to be carried on. There is no Clause which defines the relative position of the different branches of the Parliament to be set up. Clause 7 refers to the refusal or granting of the assent of the King, and I assume from this you desire us to believe that in the new Irish Parliament assent is to be given or refused in respect of Bills which have been passed by the two Houses exactly as is done in this country. But you have not said so; you have left it to be implied. Clause 11 provides that if the two Houses disagree they shall sit together in order that they may agree about the passage of a Bill, and from that I assume you intend that every measure introduced in the Irish Legislature shall first of all pass through one House and then through the other; but you have not said so. What we are asking by the Amendment is that you shall make it plain in your Act of Parliament, if you mean it, that the system of legislation in Ireland shall be the system which has grown up in Great Britain during the generations in which our constitutional law has been in operation. If that is what you mean, surely there is no harm in saying so, and if you do not mean that, would the Government be good enough to tell us what they do mean, in order that when the Irish Parliament is set up we shall have some idea as to the method in which it is going to work? For these reasons I submit the Amendment is a highly important one, in regard to which we are entitled to more enlightenment than we have had up to the present time from the Government.

The Attorney-General opposed this Amendment by using what I shall call the colloquial argument. I think that is the proper word to use in considering the drafting of the Bill now before the Committee. I do not accept his view. If the Attorney-General's argument were well founded, the very first words of the Bill would run in a different way. The Bill says:

"Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same."

The suggestion my learned Friend (Mr. Terrell) makes is that the Government should carry out in the body of their own Bill these very words. You are asked to do that because it is in strict accordance with constitutional principle, and the only reason given why we are not to do it is that it is in the colloquial sense the words, "the Irish Parliament" are used, and because the drafting is similar to that in other Acts. Well, it is true that on the last occasion of Radical legislation setting up a Constitution in South Africa, they adopted these words. The Government have a theory that anything that is good enough for South Africa is good enough for Ireland. They view each place as equally far away. That is the trend of the argument put forward by the Front Bench opposite. South Africa is so far away that it does not matter, and they say, "We shall treat Ireland in the same way." Well, they will find out their mistake. Geographically, fortunately or unfortunately, we are very near Great Britain, and if you set fire to Ireland, the fire will extend. I think it is a mistake to say that because this is good enough Radical drafting in regard to the Constitution of South Africa, therefore it is good enough for the Irish Constitution. Hon. Gentlemen will find that it is impossible to get us to stand a trial for a breach of something passed by this Irish Parliament if you are going to limit the power to make laws to "the Irish Parliament." I take it we shall have the right to consider how the members have been summoned and elected. But we could not raise that defence if the Act stated that the laws were made by the King in Council. I think it would be in the interest of hon. Members who desire that their trial should run a speedy course that this Amendment should be accepted. If there was a Protestant in the Court, I would say that the constitutional question might be raised in future as to whether he should be tried under an Act passed by "the Irish Parliament." There is to be a Joint Session. That again is taken from the South African model. To say that this Bill should follow the opening words of the Bill itself is an eminently safe and constitutional proposal. I think the Government ought to accept the Amendment. I am surprised they have not done so. I do not know what the object is. There must be some object for not accepting it. The reason may be that they have not received the assent of the hon. and learned Member for Waterford.

I cannot follow my hon. Friend (Mr. Moore) as to the religious complexion of the people likely to be in the dock in Ireland in the next few years. When you come to consider the question of the two different formulæ which the present Amendment brings before the Committee, I think the difficulty arises from the fact that the words "Irish Parliament" appear in Clause 1, which we have passed. It says we are to have an Irish Parliament in Ireland consisting of His Majesty the King and two Houses. It requires a certain amount of metaphysics to make that in any sense true, because His Majesty would be in Ireland very rarely, and the decisions of the Irish House of Commons and the Senate in a joint sitting would be sent to England for His Majesty's consent. If we had merely "legislature" in Clause 1, it would read quite naturally in Clause 2 that His Majesty, with the consent of the Irish House of Commons and the Irish Senate, should have power to make laws; but the fact that the word Parliament is in Clause 1 no doubt does make the issue a little confused. Apart from that I think that of the two formula the old formula is much the better of the two. If you say Parliament has the power to make laws it really does obscure the right and true position of the Crown, because it seems to merge the function of the Crown in those two Houses. But as has been pointed out in the very beginning this Bill does assert the true constitutional doctrine, "Be it enacted by the King's Most Excellent Majesty."

If it is the King who enacts the laws it ought to be distinctly stated that it is the King enacts the laws of the Irish Parliament. There are some who say that the real force of the Crown in legislation is a thing of the past and merely a figment. I am not at all sure that it is. I am not at all sure that we may not find that the assent of His Majesty to laws passed by a Parliament either here or in Ireland may not revive, and may not be the real safeguard for the true interests of the people, because formerly the balance of the different component parts of the Constitution rested on certain understood checks and limitations; and as long as those prevailed without any, written constitution no doubt the powers of the Crown became dormant; but that balance has been destroyed, and from the destruction of that balance of the different forces of the past the three parts of Parliament, King, Lords and Commons, have no longer the same hold in relation to one another, and the very weakening and partial destruction of the powers of the Lords may not inconceivably lead to a revival of the veto of the Crown as a practical force in politics. If that is so, I submit that the real wish of the Government is to obscure the power of the Crown because they know it is possible that that power, latent but still existent, may come into operation in a manner which may be adverse to schemes either of themselves or of successors to their opinions. As the Attorney-General has admitted, the constitutional doctrine is that laws are made by the Sovereign and that ought never to be allowed to lapse through ambiguous formulæ, whether in the Australian or the South African Act. The formula in this Act is ambiguous; it will obscure the real position of the Crown. The formula of my hon. Friend makes it clear, and, therefore, I trust the Committee will adopt the Amendment.

This is a constitutional question, and I admit that I am not a constitutional lawyer; but it seems to me that if this Irish Parliament is ever set up—I admit that the day is very far off—any Act passed by that Parliament will begin with very much the same as the beginning of this Bill, "Be it enacted by the King's Most Excellent Majesty by and with the advice and consent of the Irish Senate and the Irish House of Commons." If that is so, what can be the objection to inserting the words suggested? The Attorney-General has referred us to two of the latest Acts granting autonomy to Colonies in which the formula employed in this Bill is used. But, on the other hand, until the passage of those two Acts every Bill of this nature passed during the last hundred years follows the words which have been suggested by my hon. Friend. Of course, I hope that this Bill will never become law, but, if unfortunately we in the North of Ireland should ever become subject to it, I should like to have the King's name inserted in it as often as possible. I agree with the last speaker that there would be a tendency at all times to disassociate Ireland from the name of the King, and I shall vote for the Amendment if for no other purpose than to have His Majesty's name repeated as often as possible throughout this Act, to make it perfectly clear that the King is to remain Sovereign in Ireland in precisely the same way as he is Sovereign in the United Kingdom at the present time.

It will be admitted by the Attorney-General that there is a good deal more in this Amendment than appeared to him to be the case when he made a few observations a few minutes ago. There is little objection with regard to this particular matter arising out of the terms of the Bill itself, because if you look at the second portion of Clause 6 you find that it is the Lord Lieutenant who is, in His Majesty's name, to summon, prorogue, and dissolve the Irish Parliament. It is rather complicated by the extraordinary conditions of Clause 7 under which it appears that the Lord-Lieutenant exercising certain powers in the name of His Majesty has got to do so on certain occasions with His Majesty's consent, or he has got to revoke instructions which he has previously given in the name of His Majesty because His Majesty asks him to do so. Anything more complicated has never been devised. Clearness is essential. There, if possible, at this juncture, we should make it clear that the new Acts to be passed by the Irish Parliament are to be passed by His Majesty with the advice and assistance of the Senate and the House of Commons. I find in the second portion of Clause 7, the Lord Lieutenant, if so directed by His Majesty, can postpone the giving of the assent of His Majesty, while in the earlier part he gives or withholds assent, and the effect is almost like part of a Gilbertian comic opera. Surely it is desirable to make it clear that the passing of a law shall be, as heretofore, by His Majesty, with the consent of the Irish Senate and Irish House of Commons.

Question put, "That the words 'the Irish Parliament' stand part of the Clause."

The Committee divided: Ayes, 281; Noes, 145.

Division No. 135.]

AYES.

[9.30 p.m.

Abraham, William (Dublin Harbour)

Beale, Sir William Phipson

Byles, Sir William Pollard

Acland, Francis Dyke

Bentham, G. J.

Carr-Gomm, H. W.

Adamson, William

Bethell, Sir John Henry

Cawley, Sir Frederick (Prestwich)

Adkins, Sir W. Ryland D

Birrell, Rt. Hon. Augustine

Cawley, Harold T. (Heywood)

Agar-Robartes, Hon. T. C. R.

Black, Arthur W.

Chapple, Dr. W. A.

Agnew, Sir George William

Boland, John Pius

Clancy, John Joseph

Ainsworth, John Stirling

Booth, Frederick Handel

Clough, William

Alden, Percy

Bowerman, C. W.

Clynes, J. R.

Allen, Arthur Acland (Dumbartonshire)

Boyle, D. (Mayo, N.)

Collins, Godfrey P. (Greenock)

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

Brady, P. J.

Collins, Stephen (Lambeth)

Arnold, Sydney

Brocklehurst, W. B.

Compton-Rickett, Rt. Hon. Sir J.

Baker, H. T. (Accrington)

Brunner, J. F. L.

Condon, Thomas Joseph

Baker, Joseph Allen (Finsbury, E.)

Bryce, J. Annan

Cornwall, Sir Edwin A.

Balfour, Sir Robert (Lanark)

Buckmaster, Stanley O.

Cotton, William Francis

Baring, Sir Godfrey (Barnstaple)

Burke, E. Haviland-

Cowan, W. H.

Barnes, G. N.

Burt, Rt. Hon. Thomas

Craig, Herbert J. (Tynemouth)

Barran, Powland Hirst (Leeds, N.)

Buxton, Noel (Norfolk)

Crumley, Patrick

Barton, W.

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

Cullinan, John

Dalziel, Sir James H. (Kirkcaldy)

Jones, W. S. Glyn- (Stepney)

Pointer, Joseph

Davies, Timothy (Lincs., Louth)

Jowett, Frederick William

Pollard, Sir George H.

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

Joyce, Michael

Ponsonby, Arthur A. W. H.

Dawes, J. A.

Keating, M.

Power, Patrick Joseph

De Forest, Baron

Kellaway, Frederick George

Price, C. E. (Edinburgh, Central)

Delany, William

Kelly, Edward

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

Denman, Hon. R. D.

Kennedy, Vincent Paul

Priestley, Sir Arthur (Grantham)

Devlin, Joseph

King, J. (Somerset, N.)

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

Dillon, John

Lamb, Ernest Henry

Pringle, William M. R.

Doris, W.

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

Raffan, Peter Wilson

Duffy, William J.

Lambert, Richard (Wilts, Cricklade)

Raphael, Sir Herbert H.

Duncan, C. (Barrow-in-Furness)

Lansbury, George

Rea, Walter Russell (Scarborough)

Duncan, J. Hastings (York, Otley)

Lardner, James Carrige Rushe

Reddy, Michael

Elibank, Rt. Hon. Master of

Law, Hugh A. (Donegal, West)

Redmond, John E. (Waterford)

Esmonde, Dr. John (Tipperary, N.)

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

Redmond, William (Clare)

Esmonde, Sir Thomas (Wexford, N.)

Leach, Charles

Richardson, Albion (Peckham)

Essex, Richard Walter

Levy, Sir Maurice

Richardson, Thomas (Whitehaven)

Falconer, J.

Low, Sir F. (Norwich)

Roberts, Charles H. (Lincoln)

Farrell, James Patrick

Lundon, Thomas

Roberts, G. H. (Norwich)

Fenwick, Rt. Hon. Charles

Lyell, Charles Henry

Robertson, Sir G. Scott (Bradford)

Ferens, Rt. Hon. Thomas Robinson

Lynch, A. A.

Robertson, J. M. (Tyneside)

Firench, Peter

Macdonald, J. R. (Leicester)

Roch, Walter F. (Pembroke)

Field, William

Macdonald, J. M. (Falkirk Burghs)

Roche, Augustine (Louth)

Fiennes, Hon. Eustace Edward

McGhee, Richard

Rowlands, James

Fitzgibbon, John

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

Rowntree, Arnold

Flavin, Michael Joseph

Macpherson, James Ian

Runciman, Rt. Hon. Walter

France, G. A.

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

Russell, Rt. Hon. Thomas W.

Furness, Stephen W.

MacVeagh, Jeremiah

Samuel, J. (Stockton)

Gelder, Sir William Alfred

McCallum, Sir John M.

Scanlan, Thomas

George, Rt. Hon. David Lloyd

M'Kean, John

Scott, A. MacCallum (Glas., Bridgeton)

Gill, A. H.

McKenna, Rt. Hon. Reginald

Seely, Col. Rt. Hon. J. E. B.

Ginnell, L.

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

Sheehy, David

Gladstone, W. G. C.

Manfield, Harry

Simon, Sir John Allsebrook

Glanville, H. J.

Markham, Sir Arthur Basil

Smith, Albert (Lanes., Clitheroe)

Goddard, Sir Daniel Ford

Marks, Sir George Croydon

Smith, H. B. L. (Northampton)

Goldstone, Frank

Marshall, Arthur Harold

Smyth, Thomas F. (Leitrim, S.)

Greenwood, Granville G. (Peterborough)

Mason, David M. (Coventry)

Snowden, P.

Greenwood, Hamar (Sunderland)

Meagher, Michael

Spicer, Sir Albert

Greig, Colonel J. W.

Meehan, Francis E. (Leitrim, N.)

Sutton, John E.

Gulland, John William

Menzies, Sir Walter

Taylor, John W. (Durham)

Gwynn, Stephen Luclus (Galway)

Middlebrook, William

Taylor, Theodore C. (Radcliffe)

Hackett, J.

Millar, James Duncan

Tennant, Harold John

Hall, Frederick (Normanton)

Molloy, M.

Thomas, Abel (Carmarthen, E.)

Harcourt, Rt. Hon, Lewis (Rossendale)

Molteno, Percy Alport

Thomas, J. H. (Derby)

Harcourt, Robert V. (Montrose)

Montagu, Hon. E. S.

Thorne, G. R. (Wolverhampton)

Harmsworth, Cecil (Luton, Beds)

Mooney, J. J.

Toulmin, Sir George

Harmsworth, R. L. (Caithness-shire)

Morgan, George Hay

Ure, Rt. Hon. Alexander

Harvey, A. G. C. (Rochdale)

Morrell, Philip

Verney, Sir Harry

Harvey, T. E. (Leeds, W.)

Morison, Hector

Wadsworth, J.

Harvey, W. E. (Derbyshire, N.E.)

Morton, Alpheus Cleophas

Ward, John (Stoke-upon-Trent)

Haslam, James (Derbyshire)

Munro, R.

Wardie, George J.

Haslam, Lewis (Monmouth)

Murray, Captain Hon. Arthur C.

Waring, Walter

Hayden, John Patrick

Nannetti, Joseph P.

Wason, Rt. Hon. E. (Clackmannan)

Hayward, Evan

Needham, Christopher T.

Wason, John Cathcart (Orkney)

Hazleton, Richard (Galway, N.)

Neilson, Francis

Webb, H.

Helme, Sir Norval Watson

Nolan, Joseph

White, J. Dundas (Glas., Tradeston)

Henderson, Arthur (Durham)

Nugent, Sir Walter Russell

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

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

Nuttall, Harry

White, Patrick (Meath, North)

Henry, Sir Charles

O'Brien, Patrick (Kilkenny)

Whitehouse, John Howard

Herbert, Col. Sir Ivor (Mon., S.)

O'Connor, John (Kildare, N.)

Whittaker, Rt. Hon. Sir Thomas P.

Higham, John Sharp

O'Connor, T. P. (Liverpool)

Whyte, A. F. (Perth)

Hinds, John

O'Doherty, Philip

Wiles, Thomas

Hobhouse, Rt. Hon. Charles E. H.

O'Donnell, Thomas

Wilkie, Alexander

Hodge, John

O'Dowd, John

Williams, Penry (Middlesbrough)

Hogge, James Myles

Ogden, Fred

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

Holmes, Daniel Turner

O'Grady, James

Wilson, John (Durham, Mid)

Holt, Richard Durning

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

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

Home, C. Silvester (Ipswich)

O'Kelly, James (Rosoommen, N.)

Wilson, W. T. (Westhoughton)

Hudson, Walter

O'Malley, William

Winfrey, Richard

Hughes, Spencer Leigh

O'Shaughnessy, P. J.

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

Illingworth, Percy H.

O'Shee, James John

Young, Samuel (Cavan, E.)

Isaacs, Rt. Hon. Sir Rufus

O'Sullivan, Timothy

Young, W. (Perthshire, E.)

John, Edward Thomas

Parker, James (Halifax)

Yoxall, Sir James Henry

Jones, Sir D. Brynmor (Swansea)

Pearce, Robert (Staffs, Leek)

Jones, Edgar (Merthyr Tydvil)

Pearce, William (Limehouse)

TELLERS FOR THE AYES.—Mr. Wedgwood Benn and Captain Guest,

Jones, H. Haydn (Merioneth)

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

Jones, William (Carnarvonshire)

Phillips, John (Longford, S.)

NOES

Amery, L. C. M. S.

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

Benn, Arthur Shirley (Plymouth)

Anson, Rt. Hon. Sir William R.

Balcarres, Lord

Beresford, Lord C.

Archer-Shee, Major M.

Baldwin, Stanley

Bird, A.

Ashley, W. W.

Barnston, H.

Boles, Lieut.-Col. Dennis Fortescut

Baird, J. L.

Barrie, H. T. (Londonderry, N.)

Boyle, W. L. (Norfolk, Mid)

Boyton, J.

Hall, Marshall (L'pool, E. Toxteth)

Newton, Harry Kottingham

Bridgeman, W. Clive

Hambro, Angus Valdemar

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

Burgoyne, A. H.

Hardy, Rt. Hon. Laurence

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

Burn, Colonel C. R.

Harris, Henry Percy

Paget, Almeric Hugh

Butcher, J. G.

Harrison-Broadley, H. B.

Parkes, Ebenezer

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

Helmsley, Viscount

Pease, Herbert Pike (Darlington)

Carlile, Sir Edward Hildred

Henderson, Major H. (Berks, Abingdon)

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

Cassel, Felix

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

Pole-Carew, Sir R.

Castlereagh, Viscount

Hewins, William Albert Samuel

Pryce-Jones, Colonel E.

Cave, George

Hickman, Col. Thomas E.

Rawlinson, John Frederick Peel

Cecil, Lord Hugh (Oxford University)

Hill, Sir Clement L.

Roberts, S. (Sheffield, Ecclesall)

Chaloner, Col. R. G. W.

Hills, J. W.

Ronaldshay, Earl of

Chaplin, Rt. Hon. Henry

Hill-Wood, Samuel

Rothschild, Lionel de

Clay, Captain H. H. Spender

Hoare, S. J. G.

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

Collings, Rt. Hon. J. (Birmingham)

Hohler, G. F.

Salter, Arthur Clavell

Cooper, Richard Ashmole

Hope, Harry (Bute)

Sanders, Robert A.

Craig, Charles Curtis (Antrim, S.)

Hope, James Fitzalan (Sheffield)

Sandys, G. J. (Somerset, Wells)

Craig, Captain James (Down, E.)

Hume-Williams, W. E.

Sassoon, Sir Philip

Craig, Norman (Kent, Thanet)

Jardine, E. (Somerset, E.)

Smith, Harold (Warrington)

Crichton-Stuart, Lord Ninian

Joynson-Hicks, William

Spear, Sir John Ward

Croft, H. P.

Kerr-Smiley, Peter Kerr

Stanley, Hon. G. F. (Preston)

Dalrymple, Viscount

Kimber, Sir Henry

Stewart, Gershom

Denniss, E. R. B.

Knight, Captain E. A.

Strauss, Arthur (Paddington, North)

Dixon, C. H.

Kyffin-Taylor, G.

Sykes, Alan John (Ches., Knutsford)

Doughty, Sir George

Larmor, Sir J.

Talbot, Lord E.

Duke, Henry Edward

Lewisham, Viscount

Terrell, G. (Wilts, N.W.)

Eyres-Monsell, Bolton M.

Lloyd, G. A.

Terrell, H. (Gloucester)

Faber, George Denison (Clapham)

Locker-Lampson, G. (Salisbury)

Thompson, Robert (belfast, North)

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

Locker-Lampson, O. (Ramsey)

Thomson, W. Mitchell- (Down, N.)

Fell, Arthur

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

Touche, George Alexander

Fletcher, John Samuel (Hampstead)

Lonsdale, Sir John Brownlee

Tullibardinc, Marquess of

Forster, Henry William

Lyttelton, Hon. J. C. (Droitwich)

Valentia, Viscount

Gastrell, Major W. Houghton

McCaw, William J. MacGeagh

Walrond, Hon. Lionel

Gilmour, Captain John

Mackinder, H. J.

Ward, Arnold (Herts, Watford)

Glazebrook, Captain Philip K.

Macmaster, Donald

Weigall, Capt. A. G.

Goldman, C. S.

M'Calmont, Colonel James

Wheler, Granville C. H.

Goldsmith, Frank

M'Mordie, Robert James

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

Gordon, John (Londonderry, South)

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

Wright, Henry Fitzherbert

Gordon, Hon. John Edward (Brighton)

Malcolm, Ian

Yate, Colonel C. E.

Grant, J. A.

Mason, James F. (Windsor)

Younger, Sir George

Gretton, John

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

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

Morrison-Bell, Major A. C. (Honiton)

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

Mount, William Arthur

TELLERS FOR THE NOES.—Mr. Moore and Mr. Rigby Swift,

Gwynne, R. S. (Sussex, Eastbourne)

Neville, Reginald J. N.

Hall, D. B. (Isle of Wight)

Newman, John R. P.

I beg to move, after the word "laws" ["power to make laws"], to insert the word "only."

The effect of this Amendment is to make it clear that the new Irish Houses of Parliament shall only be able to make laws for the peace, order, and good government of Ireland. I may point out that by the first Clause of this Bill we set up an Irish Parliament, and by the second portion of that Clause we make it clear that the supremacy of the Imperial Parliament is reserved. Having created that Irish Parliament and having reserved the supremacy of the Imperial Parliament, it will follow that, if we leave it there, the Irish Parliament will be able to deal with matters of all sorts and descriptions and to make laws applicable to any subject whatever it may think fit. The Clause, as it now stands, says that the Irish Parliament is to have power to make laws for the peace, order, and good government of the country. There are certain limitations set out and certain reserved subjects which we shall have to deal with later on. But I want to make it clear that the powers conferred on the Irish Parliament are to be restricted affirmatively to the making of laws for the peace, order, and good government of the country. It will probably be urged from the Front Opposition Bench that all kinds of Acts of Parliament that may be passed would relate to either peace, order, or good government, and that it would not be possible for any Act to be passed which did not come within that category. That might be true as a matter of principle if applied to this country. But I can conceive an Irish Parliament proceeding to pass Acts which would not be connected with either peace, order, or good government. Where we are setting up a Legislature and giving it express powers it is highly desirable to state not only what the restrictions are, not only the reserved subjects, and the limitations, but also to lay down in so many words what the affirmative powers of that Legislature are to be. I may be told there is no intention of giving the Irish Parliament power to-deal with any matters except those affecting the peace, order, and good government of Ireland. If that be so, the Government should accept my Amendment at once, but if they mean, and I am afraid that this Bill as at present framed would distinctly convey that meaning, to give to the Irish Parliament power to do anything whatever of any kind or description, then I think that the Bill is decidedly deficient, and we want the word "only" inserted. Do the Government intend that the Irish Parliament shall not have power to go outside peace, order, and good government? If so, they will consent to the insertion of the word "only." But if they do not intend to restrict the powers of the Irish Parliament in that manner let them at once say so, and we shall know what course to take in regard to subsequent stages of the Bill.

The hon. Gentleman has proposed what appears to be a drafting Amendment, and I at once say that if the drafting of the Bill as it now stands is in any way defective, and if it is suggested that the addition of this word will improve it, we have no objection to what he proposes. But I think the drafting of the Bill is quite right. The situation is this: In Clause 1 of the Bill we have passed words providing that there shall be in Ireland an Irish Parliament. We then, after declaring the supremacy of the Imperial Parliament, go on in Clause 2 to lay down what the powers of the Irish Parliament shall be. I would remind the hon. Member that these words which we have used in regard to peace, order, and good government, are used to indicate the strict territorial limitations of the powers of that Parliament. We shall come in time to the limitations proposed in Clause 3 and the restrictions which are expressly set out in a later Clause confirming the superior authority of the Imperial Parliament. If I am right—and I hesitate to be dogmatic on a point which I have not personally verified—I think it is pretty certain that no case can be adduced in which legislation which lays down a territorial limit for the legislative power of a local Parliament has not been expressed in this language. Consequently, however genuine and sincere may be the hon. Gentleman's purpose—and I do not doubt its sincerity or genuineness—I must take the view that the language we have used in this Clause is quite right, and that no advantage would be gained by altering it.

I do not think the Solicitor-General has quite met the point raised by my hon. Friend. The point is whether if you set up and constitute an Irish Parliament it will not be held to have all Parliamentary powers except where the contrary is provided. There fore, you may have a large number of other powers which the Parliament might claim, and which would not be held by the Privy Council to be shut out by this Clause unless the word "only" were inserted. I agree that it is in a sense a matter of drafting, that is to say, of expressing in the best possible language what is admitted to be the intention of the Government. The suggestion of my hon. Friend is that if you put in the word "only" there will be no doubt at all, and the powers of the Irish Parliament will be restricted to laws affecting peace, order, and good government in Ireland. My only doubt was whether these words were intended to be a restriction. As the Solicitor-General does so regard them—

My view is that it would be more apt to say that they are not a restriction, but a definition. They state what the powers of the Parliament are. If we did not use these words this result would follow: you would have these words in the Acts establishing other local legislatures throughout the Empire, and whatever may be the difference, and there are differences, between their case and the Irish case, they resemble one another in this respect, that they desire a territorial limitation of the powers, and the language always used for a territorial limitation is the language used here. If we alter the language here the argument at once arises that something different is meant.

I do not dispute the Solicitor-General's view as to the best words to describe a territorial limitation, but I should think that the words used are not very well chosen for that purpose. If you mean that the laws are only to apply to Ireland I should not talk about peace, order, and good government. That is almost the last expression I should use if Ireland were intended exclusively as the area of the Parliamentary jurisdiction. The Solicitor-General has not addressed himself to the point whether other things could not come in. Let it be granted, for the sake of argument, that these words do in fact restrict the Parliament by a territorial limitation. Do you not want the word "only" to make that clear, and to show that nothing outside that territorial limit is to be within the powers of the Irish Parliament? I am not speaking of the express restrictions which come later on. If you do not use the word "only" you leave an undefined margin of Parliamentary powers which a Parliament may be said to have because it is a Parliament. Therefore is it not desirable to put in the word "only" in order to exclude all other matters? While the question is present to the Solicitor-General's mind, I may suggest another point for his consideration. On the face of it, you may have a Court interpreting what laws are for peace, order, and good government, and it might be in great perplexity. Would it be possible for a case to be brought before the Privy Council, in which it might be said, "This is not a law for peace, order, and good government; it is a law that will create war, disorder, and bad government, and therefore it is outside the powers of the Irish Parliament." Or take the case of a corrupt decision of Parliament, a decision not come to in good faith. It does not appear to me that the Privy Council would have power to deal with a case such as that unless the word "only" were inserted. Perhaps the Solicitor-General will address his mind to that point.

It is very difficult on this particular Amendment to raise a question on which I should like to have the opinion of the Solicitor-General. He has told us with complete accuracy that these words occur in all the Acts setting up subordinate Parliaments in the Colonies.

No, but I think the Solicitor-General is quite accurate. Is it not also the case, however, that where subordinate Parliaments have been created, as in Canada or South Africa—I exclude Australia, because that is not an analogous case—to these subordinate Parliaments have been given powers which enable them to maintain peace, order, and good government? In this particular Bill these powers are not given to the Irish Parliament; they are reserved to the Imperial Parliament—as regards the police for six years. Therefore you are giving a general power upon the precedents of the Colonial Parliaments, but you are not following it up by giving the consequential and necessary powers to enable the Irish Parliament to carry out the work you are imposing upon it by these words. We are for the first time, so far as this country is concerned, setting up a Constitution different from the existing unwritten Constitution, because we are creating a Parliament in Ireland with certain powers and reserving certain powers to the Imperial Parliament. Are we not in this danger, that unless we make it perfectly clear that it is only the powers specified in the words of the Clause that we are conferring on the local Parliament, it may be argued afterwards that powers other than those specifically mentioned, which may be held to be necessary for the purpose of carrying out peace, order, and good government, incidentally and inevitably go to the local Parliaments? If the word "only" is put in it will make it clear that the Irish Parliament can deal only with peace, order, and good government, and that anything else is beyond their powers. The Amendment does not seem to carry the Bill further or to limit it more than the Solicitor-General desires, and it would certainly be safer to insert the word proposed.

I will give the Committee a concrete case that will arise unless the Amendment is carried. One thing is definitely known, and definitely planned. The Irish Legislature will establish the Irish language as the language of the Government in Ireland. That is admitted everywhere. If an Act of that sort was passed it would be legislating largely for this country as well as for Ireland, because on this side of the Channel there will be many negotiations, if not between the Legislatures, between the different administrative offices, and it will be necessary to have men taught the Irish language. There may be forty Irish Members in this House, and it will necessitate the clerks learning the Irish language. It may even be necessary for the Chairman of Committees to know the Irish language as well as the English language. The thing will arise in negotiation with respect to the Poor Law, the transfer of paupers from Ireland to England, and vice versâ, and you will have to give the same facilities for Irishmen coming here as you give to the French and the Germans. You will have to provide interpreters, the same as you do for French and Germans, in every Law Court, post office, County Court, and Police Court in Great Britain. I give this merely as an illustration that if such an Act is passed in Ireland it will place a serious responsibility on this country, and the liability will not be discharged for £1,500,000 per annum. That shows that notwithstanding the very genial, amiable, and childlike remarks of the learned Solicitor-General, there is a very serious question to be considered. There are half a dozen other questions equally important. If such an Act is passed it will produce an enormous amount of obstruction, and the sensibility or adaptability of the Government, which was pliable and soft as putty, will respond to every pressure put upon it from Ireland. The Act will place an enormous incubus on the energies and an enormous weight of responsibility on this country.

Question put, "That the word 'only' stand part of the Clause."

The Committee divided: Ayes, 190 Noes, 296.

Division No. 136.]

AYES.

[10.2 p.m.

Amery, L. C. M. S.

Flannery, Sir J. Fortescue

Mason, James F. (Windsor)

Anson, Rt. Hon. Sir William R.

Fletcher, John Samuel (Hampstead)

Moore, William

Archer-Shee, Major Martin

Forster, Henry William

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

Ashley, Wilfrid W.

Foster, Philip Staveley

Morrison-Bell, Major A. C. (Honiton)

Astor, Waldort

Gastrell, Major W. Houghton

Mount, William Arthur

Bagot, Lieut.-Col. J.

Gilmour, Captain John

Neville, Reginald J. N.

Baird, J. L.

Glazebrook, Captain Philip K.

Newdegate, F. A.

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

Goldman, C. S.

Newman, John R. P.

Balcarres, Lord

Goldsmith, Frank

Newton, Harry Kottingham

Baldwin, Stanley

Gordon, Hon. John Edward (Brighton)

Nicholson, William G. (Petersfield)

Banbury, Sir Frederick George

Grant, J. A.

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

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

Greene, Walter Raymond

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

Barnston, Harry

Gretton, John

Paget, Almeric Hugh

Barrie, H. T. (Londonderry, N.)

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

Parkes, Ebenezer

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

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

Pease, Herbert Pike (Darlington)

Beach, Hon. Michael Hugh Hicks

Gwynne, R. S. (Sussex, Eastbourne)

Pole-Carew, Sir R.

Beckett, Hon. Gervase

Hall, D. B. (Isle of Wight)

Pryce-Jones, Colonel E.

Benn, Arthur Shirley (Plymouth)

Hall, Marshall (E. Toxteth)

Rawlinson, John Frederick Peel

Beresford, Lord Charles

Hambro, Angus Valdemar

Rawson, Col. Richard H.

Bird, Alfred

Hamilton, Marquess of (Londonderry)

Roberts, S. (Sheffield, Ecclesall)

Boles, Lieut.-Col. Dennis Fortescue

Hardy, Rt. Hon. Laurence

Ronaldshay, Earl of

Boyle, W. Lewis (Norfolk)

Harris, Henry Percy

Rothschild, Lionel de

Boyton, James

Harrison-Broadley, H. B.

Royds, Edmund

Brassey, H. Leonard Campbell

Helmsley, Viscount

Rutherford, John (Lanes., Darwen)

Bridgeman, William Clive

Henderson, Major H. (Berks, Abingdon)

Salter, Arthur Clavell

Burdett-Coutts, W.

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

Samuel, Sir Harry (Norwood)

Burgoyne, A. H.

Hewins, William Albert Samuel

Sanders, Robert A.

Burn, Colonel C. R.

Hickman, Col. T. E.

Sandys, G. J. (Somerset, Wells)

Butcher, John George

Hill, Sir Clement L.

Sassoon, Sir Philip

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

Hills, John Waller

Scott, Sir S. (Marylebone, W.)

Carlile, Sir Edward Hildred

Hill-Wood, Samuel

Smith, Harold (Warrington)

Cassel, Felix

Hoare, Samuel John Gurney

Spear, Sir John Ward

Castlereagh, Viscount

Hohler, Gerald Fitzroy

Stanley, Hon. G. F. (Preston)

Cator, John

Hope, Harry (Bute)

Starkey, John Ralph

Cautley, Henry Strother

Hope, James Fitzalan (Sheffield)

Stewart, Gershom

Cave, George

Hume-Williams, William Ellis

Strauss, Arthur (Paddington, N.)

Cecil, Lord Hugh (Oxford Univ.)

Ingleby, Holcombe

Swift, Rigby

Chaloner, Col. R. G. W.

Jardine, Ernest (Somerset, E.)

Sykes, Alan John (Ches., Knutslord)

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

Jessel, Captain H. M.

Sykes, Mark (Hull, Central)

Chaplin, Rt. Hon. Henry

Joynson-Hicks, William

Talbot, Lord Edmund

Clay, Captain H. H. Spender

Kerr-Smiley, Peter Kerr

Terrell, George (Wilts, N.W.)

Coates, Major Sir Edward Feetham

Kerry, Earl of

Terrell, Henry (Gloucester)

Collings, Rt. Hon. J. (Birmingham)

Kimber, Sir Henry

Thompson, Robert (Belfast, North)

Cooper, Richard Ashmole

Knight, Captain E. A.

Thomson, W. Mitchell- (Down, North)

Cory, Sir Clifford John

Kyffin-Taylor, G.

Touche, George Alexander

Courthope, George Loyd

Lane-Fox, G. R.

Tryon, Captain George Clement

Craig, Charles Curtis (Antrim, S.)

Larmor, Sir J.

Tullibardine, Marquess of

Craig, Captain James (Down, E.)

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

Valentia, Viscount

Craig, Norman (Kent, Thanet)

Lewisham, Viscount

Walrond, Hon. Lionel

Craik, Sir Henry

Lloyd, George Ambrose

Ward, A. S. (Herts, Watford)

Crichton-Stuart, Lord Ninian

Locker-Lampson, G. (Salisbury)

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

Croft, Henry Page

Locker-Lampson, O. (Ramsey)

Weigall, Capt. A. G.

Dalrymple, Viscount

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

Wheler, Granville C. H.

Denniss, E. R. B.

Long, Rt. Hon. Walter

Willoughby, Major Hon. Claud

Dixon, C. H.

Lonsdale, Sir John Brownlee

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

Doughty, Sir George

Lowe, Sir F. W. (Birm., Edgbaston)

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

Duke, Henry Edward

Lyttelton, Hon. J. C. (Droitwich)

Wright, Henry Fitzherbert

Eyres-Monsell, Bolton M

MacCaw, William J. MacGeagh

Yate, Colonel C. E.

Faber, George D. (Clapham)

Mackinder, Harford J.

Yerburgh, Robert

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

Macmaster, Donald

Younger, Sir George

Falle, Bertram Godfray

M'Calmont, Colonel James

Fell, Arthur

M Mordie, Robert James

TELLERS FOR THE AYES.—Mr. Watson Rutherford and Mr. J. Gordon (Londonderry, South)

Finlay, Rt. Hon. Sir Robert

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

Fisher, Rt. Hon. W. Hayes

Magnus, Sir Philip

Fitzroy, Hon. E. A.

Malcolm, Ian

NOES.

Abraham, William (Dublin Harbour)

France, G. A.

McKenna, Rt. Hon. Reginald

Acland, Francis Dyke

Furness, Stephen

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

Adamson, William

Gelder, Sir W. A.

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

Adkins, Sir D. Ryland D.

George, Rt. Hon. David Lloyd

M'Micking, Major Gilbert

Agnew, Sir George William

Gill, A. H.

Manfield, Harry

Ainsworth, John Stirling

Ginnell, L.

Markham, Sir Arthur Basil

Alden, Percy

Gladstone, W. G. C.

Marks, Sir George Croydon

Allen, A. A. (Dumbartonshire)

Glanville, H. J.

Marshall, Arthur Harold

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

Goddard, Sir Daniel Ford

Mason, David M. (Coventry)

Arnold, Sydney

Goldstone, Frank

Meagher, Michael

Baker, H. T. (Accrington)

Greenwood, Granville G. (Peterborough)

Meehan, Francis E. (Leitrim, N.)

Baker, Joseph A. (Finsbury, E.)

Greenwood, Hamar (Sunderland)

Menzies, Sir Walter

Balfour, Sir Robert (Lanark)

Greig, Colonel J. W.

Middlebrook, William

Baring, Sir Godfrey (Barnstaple)

Gulland, John W.

Millar, James Duncan

Barnes, G. N.

Gwynn, Stephen Luclus (Galway)

Molloy, Michael

Barran, Rowland Hurst (Leeds, N.)

Hackett, John

Molteno, Percy Alport

Barton, W. W.

Hall, Frederick (Normanton)

Mooney, J. J.

Beale, Sir William Phipson

Harcourt, Rt. Hon. Lewis (Rossendale)

Morgan, George Hay

Beck, Arthur Cecil

Harcourt, Robert V. (Montrose)

Morrell, Philip

Bentham, G. J.

Harmsworth, Cecil (Luton, Beds)

Morison, Hector

Bethell, Sir J. H.

Harmsworth, R. L. (Caithness-shire)

Morton, Alpheus Cleophas

Birrell, Rt. Hon. Augustine

Harvey, A. G. C. (Rochdale)

Munro, R.

Black, Arthur W.

Harvey, T. E. (Leeds, W.)

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

Boland, John Plus

Harvey, W. E. (Derbyshire, N.E.)

Murray, Captain Hon. A. C.

Booth, Frederick Handel

Haslam, James (Derbyshire)

Nannetti, Joseph P.

Bowerman, Charles W.

Haslam, Lewis (Monmouth)

Needham, Christopher T.

Boyle, D. (Mayo, N.)

Hayden, John Patrick

Neilson, Francis

Brady, P. J.

Hayward, Evan

Nolan, Joseph

Brocklehurst, William B.

Hazleton, Richard (Galway, N.)

Norton, Captain Cecil W.

Brunner, J. F. L.

Helme, Sir Norval Watson

Nugent, Sir Walter Richard

Bryce, J. Annan

Henderson, Arthur (Durham)

Nuttall, Harry

Buckmaster, Stanley O.

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

O'Brien, Patrick (Kilkenny)

Burke, E. Haviland-

Henry, Sir Charles

O'Connor, John (Kilddre, N.)

Burt, Rt. Hon. Thomas

Herbert, Col. Sir Ivor (Mon. S.)

O'Connor, T. P. (Liverpool)

Buxton, Noel (Norfolk, N.)

Higham, John Sharp

O'Doherty, Philip

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

Hinds, John

O'Donnell, Thomas

Byles, Sir William Pollard

Hobhouse, Rt. Hon. Charles E. H.

O'Dowd, John

Carr-Gomm, H. W.

Hodge, John

O'Grady, James

Cawley, Sir Frederick (Prestwich)

Hogge, James Myles

Ogden, Fred

Cawley, Harold T. (Heywood)

Holmes, Daniel Turner

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

Chancellor, Henry G.

Holt, Richard Durning

O'Kelly, James (Roscommon, N.)

Chapple, Dr. William Allen

Horne, Charles Silvester (Ipswich)

O'Malley, William

Clancy, John Joseph

Hudson, Walter

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

Clough, William

Hughes, S. L.

O'Shaughnessy, P. J.

Clynes, John R.

Illingworth, Percy H

O'Shee, James John

Collins, G. P. (Greenock)

John, Edward Thomas

O'Sullivan, Timothy

Collins, Stephen (Lambeth)

Jones, Sir D. Brynmor (Swansea)

Palmer, Godfrey Mark

Compton-Rickett, Rt. Hon. Sir J.

Jones, Edgar (Merthyr Tydvil)

Parker, James (Halifax)

Condon, Thomas Joseph

Jones, H. Haydn (Merioneth)

Pearce, Robert (Staffs, Leek)

Cornwall, Sir Edwin A.

Jones, William (Carnarvonshire)

Pearce, William (Limehouse)

Cotton, William Francis

Jones, W. S. Glyn- (Stepney)

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

Cowan, W. H.

Jowett, F. W.

Philipps, Col. Ivor (Southampton)

Craig, Herbert J. (Tynemouth)

Joyce, Michael

Phillips, John (Longford, S.)

Crawshay-Williams, Eliot

Keating, M.

Pirie, Duncan V.

Crumley, Patrick

Kellaway, Frederick George

Pointer, Joseph

Cullinan, J.

Kelly, Edward

Pollard, Sir George H.

Dalziel, Sir James H. (Kirkcaldy)

Kennedy, Vincent Paul

Ponsonby, Arthur A. W. H.

Davies, Timothy (Lines., Louth)

King, J. (Somerset, N.)

Power, Patrick Joseph

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

Lamb, Ernest Henry

Price, C. E. (Edinburgh, Central)

Dawes, J. A.

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

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

De Forest, Baron

Lambert, Richard (Wilts, Cricklade)

Priestley, Sir Arthur (Grantham)

Delany, William

Lansbury, George

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

Denman, Hon. R. D.

Lardner, James Carrige Rushe

Pringle, William M. R.

Devlin, Joseph

Law, Hugh A. (Donegal, West)

Raffan, Peter Wilson

Dillon, John

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

Raphael, Sir Herbert H.

Doris, W.

Levy, Sir Maurice

Rea, Walter Russell (Scarborough)

Duffy, William J.

Lewis, John Herbert

Reddy, Michael

Duncan, C. (Barrow-in-Furness)

Lough, Rt. Hon. Thomas

Redmond, John E. (Waterford)

Duncan, J. (Hastings (York, Otley)

Low, Sir F. (Norwich)

Redmond, William (Clare)

Edwards, John Hugh (Glamorgan, Mid

Lundon, T.

Rendall, Athelstan

Esmonde, Dr. John (Tipperary)

Lyell, Charles Henry

Richardson, Albion (Peckham)

Esmonde, Sir Thomas (Wexford, N.)

Lynch, A. A.

Richardson, Thomas (Whitehaven)

Essex, Richard Walter

Macdonald, J. R. (Leicester)

Roberts, Charles H. (Lincoln)

Falconer, J.

Macdonald, J. M. (Falkirk Burghs)

Roberts, G. H. (Norwich)

Farrell, James Patrick

McGhee, Richard

Robertson, Sir G. Scott (Bradford)

Fenwick, Rt. Hon. Charles

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

Robertson, J. M. (Tyneside)

Ferens, Rt. Hon. Thomas Robinson

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

Roch, Walter F. (Pembroke)

Ffrench, Peter

Macpherson, James Ian

Roche, Augustine (Louth)

Field, William

MacVeagh, Jeremiah

Rose, Sir Charles Day

Fiennes, Hon. Eustace Edward

McCallum, Sir John M.

Rowlands, James

Fitzgibbon, John

M'Curdy, C. A.

Rowntree, Arnold

Flavin, Michael Joseph

M'Kean, John

Runciman, Rt. Hon. Walter

Russell, Rt. Hon. Thomas W.

Thomas, Abel (Carmarthen E.)

Whitehouse, John Howard

Samuel, J. (Stockton-on-Tees)

Thomas, James Henry (Derby)

Whittaker, Rt. Hon. Sir Thomas P.

Scanlan, Thomas

Thorne, G. R. (Wolverhampton)

Whyte, A. F.

Schwann, Rt. Hon. Sir C. E.

Toulmin, Sir George

Wiles, Thomas

Scott, A. MacCallum (Glas., Bridgeton)

Ure, Rt. Hon. Alexander

Wilkie, Alexander

Seely, Col. Rt. Hon. J. E. B.

Verney, Sir Harry

Williams, Penry (Middlesbrough)

Sheeny, David

Wadsworth, J.

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

Simon, Sir John Allsebrook

Walsh, Stephen (Lanes., Ince)

Wilson, John (Durham, Mid)

Smith, Albert (Lanes., Clitheroe)

Walton, Sir Joseph

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

Smith, H. B. L. (Northampton)

Ward, John (Stoke-upon-Trent)

Wilson, W. T. (Westhoughton)

Smyth, Thomas F. (Leitrim, S.)

Wardle, George J.

Winfrey, Richard

Snowden, P.

Waring, Walter

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

Soames, Arthur Weliesley

Wason, Rt. Hon. E. (Clackmannan)

Young, Samuel (Cavan, E.)

Spicer, Sir Albert

Wason, John Cathcart (Orkney)

Young, William (Perth, East)

Sutton, John E.

Webb, H.

Yoxall, Sir James Henry

Taylor, John W. (Durham)

White, J. Dundas (Glasgow, Tradeston)

Taylor, Theodore C. (Radclifle)

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

TELLERS FOR THE NOES.—Mr. Wedgwood Benn and Captain Guest.

Tennant, Harold John

White, Patrick (Meath, North)

I beg to move, to leave out all the words from the word "laws" ["the Irish Parliament shall have power to make laws"] to the end of the Clause, and to insert instead thereof the words "concerning matters exclusively relating to Ireland, and coming within the following classes of subjects, namely:

On a point of Order. I wish to ask you, Mr. Whitley, if I should be in order in moving my Amendment in Sub-Section (1): After paragraph (5) to insert the words (6) "Queen's University, Belfast." And the further Amendment: To insert the words (7) "the general subject-matter of the Acts relating to university education in Ireland or." If the Amendment of my hon. Friend be carried in the words in which it stands upon the Paper, I fear I shall later on lose the opportunity of moving the Amendment which stands in my name. I should therefore be glad to know if I shall have the opportunity of moving these Amendments?

The hon. Member would be entitled to move an Amendment to the Amendment if it becomes a substantive question. I do not think he need fear that this Amendment will cut out the subsequent one to which he has referred. I understand the hon. Member for the Wells Division (Mr. Sandys) wishes to argue on the general question of delegation as against reservation.

In moving this Amendment, I am well aware it is one of considerable importance, and if it is carried I am also perfectly well aware it will have far-reaching consequences upon the whole basis and scope of the Bill. It is therefore with considerable diffidence that I venture to outline the trend of these proposals in view of the fact that there are many in this House who are able to speak with far greater authority upon such constitutional questions as arise from the consideration of these matters. As the Bill stands at present, with the exception of certain reserved powers, which are retained for the jurisdiction of the Parliament of the United Kingdom, the residue of authority lies with the Irish Parliament which it is proposed to constitute, subject, of course, to the vague supremacy which has already been discussed on Clause l, and subject to the power of the Parliament of the United Kingdom to pass concurrent and overriding legislation extended to Ireland such as we shall discuss when Clause 41 comes up for examination, a power which, I venture to think will be found, when that Clause is examined, cannot, as a matter of fact, be exercised in any important matter without bringing about a constitutional crisis and Executive deadlock. Apart from these limitations, which, in my view at any rate, are really of no practical value with the exception of these subjects which are specifically reserved to the jurisdiction of the Parliament of the United Kingdom, the residue of authority remains with the Irish Parliament, with complete power and jurisdiction over all those matters which are not specifically retained within the powers of the Parliament of the United Kingdom. The object of this Amendment, of course, is perfectly apparent. It is entirely to reverse the situation, and to make a direct and distinct delegation of specific powers to the new Parliament which it is proposed to establish in Ireland, and to retain the residue of authority with the Parliament of the United Kingdom. This is a plan which I hope when it has been placed before the Committee may obtain at any rate a certain amount of support, even from hon. Members on the other side of the House. So far as my own views are concerned, I want to make it perfectly clear that personally I do not believe in a federal Constitution at all. I take a different view to that expressed by hon. Members opposite in various speeches they have made during the course of this Debate, because I regard a federal Constitution not as a source of strength but as containing inevitable elements of weakness and as a clumsy compromise only to be adopted when, for political, racial, or geographical reasons, the unitary system of government has been found impossible. If we are to have a federal system at any rate let us have the best federal system that is possible. If we are going to remodel our Constitution let us remodel it on a plan which holds out some hopes of being workable and not on a plan which appears to be doomed from the first to lead to endless friction and confusion. I cannot help thinking that the Government have, in my view, committed a fundamental error in not adopting the principle enunciated in this Amendment from the first. If they had done so, and if this system had been adopted, a great many of the difficulties which have become apparent to all hon. Members during the course of this Debate, and which to me now appear to be insuperable, would have been avoided altogether. If there had been this distinct delegation of definite powers to the Irish Parliament, then we should, at any rate, have known where we stood, and this difficulty as to the supremacy, which, in my view at any rate, is the root difficulty of the Bill, might have been made a reality instead of being, as it is at present, merely a sham and paper supremacy. All these clumsy and contradictory devices which have been introduced into this Bill in order to allay the natural and well-grounded anxiety of those who represent in this House the loyalist minority in Ulster, might to a certain extent have been avoided if this other system had been adopted. Speaking in general terms, the Government have followed what I may call the American precedent. Professor Dicey, who I think would be admitted as a constitutional authority, has summarised the Constitution of the United States in these words: shall venture to trouble the Committee with the quotation of this question as a whole. Mr. Bryce says: which the comparatively new and unimportant Colonial Parliaments successfully refused to give up when the Dominion Constitutions were being framed. In any federation or federal system, of course, difficulties are bound to arise. Difficulties must occasionally arise between the central authority and the subordinate legislature, and in Ireland I think it will be agreed that the situation is peculiarly difficult. And yet the Government have deliberately framed a Constitution and have deliberately adopted a system which is most likely to lead to friction, complication, and confusion. The right hon. Gentleman the Chancellor of the Exchequer, in a speech which he made a few days ago at Woodford, in which he maintained, if I may say so, that high standard of statesmanlike utterance to which we have become accustomed in any of his public utterances on the policy of his party, referred, in the course of his remarks, to what he described as the great example of South Africa. That is an example which the Government are very fond of talking about, but which, when it comes to definite action, they are not prepared to follow. In this case they have pursued exactly the opposite policy from that which they followed with regard to the South African Constitution. There powers were definitely allocated to the subordinate assemblies of the South African provinces, whilst the residue of authority was retained in the Union Parliament of South Africa. Anyone who has examined the debates which took place while that Bill was before the House will see the great importance which was attached to the policy which was then pursued. The right hon. Gentleman, the Secretary of State for War, who was then Under-Secretary of State for the Colonies, in referring to this particular question, said: every page of Mr. Bryce's book upon the American Commonwealth. Why have they thrown over, if I may say so, every constitutional authority from Alexander Hamilton down to the Secretary of State for War. There is one further observation I should like to make with reference to this allocation of authority with special reference to the general question of federation. Hitherto, whenever a federal constitution has been arranged—and we understand that this new Irish Constitution is to form the basis of a new federal system which is ultimately to be extended to the other parts of the United Kingdom—an agreement as to the actual terms of that Constitution has only been arrived at after some sort of constitutional convention has sat, after the varied interests and varied requirements of each of the partners to the new Union have been considered, and after the constitutional convention has drawn up a draft measure of what they consider to be the best terms upon which a Government could be formed, and it has only been given statutory authority after such a draft Constitution has been definitely accepted by each of the partners who were to form the Union. In my view that is the only way in which a real and lasting federal system can be arrived at. No federal system can be really satisfactory unless each and all of the elements in it are satisfied with its provisions. Such was the policy pursued in connection with the Constitutions of America, Canada, Australia, and South Africa. But the right hon. Gentleman, ignoring what appears to me to be a self-evident truth, namely, that the essence of any federal system is uniformity of arrangement, is now bringing forward a policy of' federation by instalments.

With reference to the scope of this Amendment, namely, the powers which are reserved to the Parliament of the United Kingdom, there is one point which I hope the representative of the Government who is dealing with the measure at the present time will make perfectly clear when he speaks, that is whether the powers which are reserved to the Parliament of the United Kingdom, when it comes to deal with the federal constitution which is to apply to the whole country, will be the same in each case, or whether they will be different. I do not think that even the ingenuity of the Prime Minister himself will be able to escape from either one conclusion or the other; they must either be the same or else they must be different. Whatever the intention of the right hon. Gentleman may be with regard to the powers which are going to be reserved to the Parliament of the United Kingdom, it must be admitted that the general basis of the new federal system must be the same, and that if we adopt the system of leaving the residuary power to the subordinate Parliament, as we are doing in this case, we must do the same thing in each subsequent case as it comes up. What I want to know is: Are these powers reserved to the Imperial Parliament going to be the same in each case, or is there going to be a variation? If it is decided that they are going to be the same, I would point out that we are face to face with this remarkable situation. This Constitution has been drawn up specifically with reference to what I may call the Irish case. We believe, though I understand that this statement is contradicted on the other side of the Committee, that the allocation of powers contained in the Bill has been arrived at after some sort of deliberation, and a very proper deliberation in the circumstances, between the right hon. Gentleman and the hon. and learned Member for Waterford (Mr. John Redmond). If, during these interesting discussions which took place, any difference of opinion may have arisen, I think we might well guess, in the peculiar political circumstances of the time, exactly whose views were likely to prevail. As we have been reminded several times by you, Sir, this is a Bill dealing exclusively with provisions for what is called the better government of Ireland, and therefore when we discuss the details of the Bill we are only allowed to discuss them with reference to the relationship between the Parliament and the United Kingdom and the new Parliament in Ireland. Therefore, hon. Members for Scotland, some of whom are particularly interested in the question of Home Rule from their own domestic point of view, are not in a position to put down Amendments making some alteration in the powers to be conferred upon the central Parliament which they think would be desirable in the interests of Scotland. If they put them down and argued that for the sake of Scotland it was necessary that that should be done you would immediately say they were out of order. But if the powers are going to be exactly the same in each case, if we are going to be bound by a hard and fast rule that the same allocation of authority shall be made by the central Parliament in the case of each of these subsequent Constitutions, surely we are face to face with a very remarkable situation, because, although we are not able to discuss these powers from the point of view of England, Scotland or Wales, yet if they are going to be exactly the same when it comes to a question of Home Rule for Scotland we shall have to accept the Irish Constitution exactly as it stands, and the hon. and learned Gentleman (Mr. John Redmond) will be in this remarkably powerful situation, that he will not only have been able to dictate the exact terms upon which the Constitution of Ireland was drawn up, but he will have been able to arrange the exact terms of the Constitution for Great Britain But this is a suggestion which is so monstrous that I do not think the Prime Minister can seriously intend to take up this line.

Now let ns see what the situation is if the other policy is adopted, because no doubt this will be the line of argument pursued by the right hon. Gentleman. He would no doubt say that although the general basis of the Constitution must be the same, still the circumstances vary with regard to Ireland. There are differences which exist between the case of Ireland and the case of England, Scotland and Wales, and similar differences which, no doubt, exist between the varying circumstances of these other countries as well, and that therefore we cannot have any hard and fast rule. That is to say, that when these subsequent circumstances come up for examination the Constitution may be varied to suit the local requirements. That is an argument which is very plausible, but let us see what the result of that would be. We should be face to face with a still more remarkable situation if this other alternative plan were adopted, because the matters under this Constitution reserved for the Parliament of the United Kingdom would not be the same in each case. Consequently the Parliament of the United Kingdom would only be able to pass general legislation with regard to those matters reserved to the Parliament of the United Kingdom which happen exactly and completely to coincide in the case of each and every of the subordinate Parliaments. In other cases general legislation would be absolutely impossible unless the Imperial Parliament desired to put into force that power of concurrent legislation con- ferred by Clause 41, which it will be found on examination can only be exercised under most exceptional and rather dangerous circumstances. Therefore under ordinary conditions, in order to carry on the ordinary government of the country, the central Parliament would have to pass legislation in some cases applying to the whole of the United Kingdom, in other cases only to England, in others only to Ireland, in others only to Scotland, and in others only to Wales. Similarly other legislation might apply to England, Ireland, and Scotland, but not Wales, and other legislation might apply to England and Ireland but not to Scotland and Wales. In fact, a simple arithmetical calculation shows that if the right hon. Gentleman's system is persisted in, in order to carry on the ordinary government of the country the Parliament of the United Kingdom would have to deal with no less than fifteen different varieties of legislation. I venture to suggest that if this policy is adopted, the right hon. Gentleman's advisers would have to devote a little more time to the careful drafting of their Bills than they are evidently able to give under present conditions.

But, speaking generally, I would remind the Committee that this is the system which the right hon. Gentleman advocates to us, and that his principal argument in favour of remodelling the Constitution is that it is going to facilitate the conduct of business and relieve Parliamentary congestion. If the Amendment which I now propose is accepted, I do not pretend that it is going altogether to cure the situation, but I say that it would effect a very great improvement. In my view the right hon. Gentleman's plan is absolutely and completely unworkable and impossible. If it is persisted in it must inevitably lead to Constitutional chaos and administrative deadlock. If this other plan is adopted of reserving the residue of authority to the Imperial Parliament, and of giving specific delegated powers to the subordinate Assembly, the position will be somewhat better. I do not propose to deal in detail with the powers which it is proposed under the terms of the Amendment to confer on the new Irish Parliament. They are substantial and important powers. Hon. Gentlemen opposite have perhaps not had time to study the Colonial Constitutions for which this House has been responsible, and it may interest them to learn that, with slight variations, these powers are almost identical with those conferred on the subordinate Legislature of South Africa by its Constitution. Consequently I do not see how there can be serious objection to the Amendment on the part of right hon. Gentlemen who are themselves responsible for that measure. These are very substantial and important powers, and will give to the leaders of the Irish party ample opportunities of exercising those administrative and statesmanlike qualities which we understand they possess in such a marked degree. They are also powers which in any subsequent development of the federal system might well be granted to the other subordinate Legislatures. In conclusion, I would urge that if a federal system is desirable, let us, at any rate, have the best federal system possible. Let us not have one which will make us the laughing stock of the world, but let us have one which will prove a practicable and workable instrument of government.

The hon. Member has made a most interesting speech. In the few minutes which remain to me this evening in which I must necessarily deal briefly with the matter, I propose to address myself to what was the central question raised by the hon. Gentleman—that is to say, whether it is better that the powers of the Irish Parliament should be defined by, first, the conferring of all powers of legislating for the peace, order, and good government, and then the exclusion or reserving of certain powers; or whether, on the other hand, as he prefers, the powers should be expressed by a series of positive enumerations. The hon. Gentleman has also called attention to the actual list of powers which he proposes to confer upon the Irish Parliament by this Clause. But I think that he and the Committee will agree that the larger question which he raises, an important and serious question, is whether it is right to proceed by the method of enumeration, as he wishes, or proceed as the Bill does by the method of exclusion. That is a large question of principle. As it appears to me, there are three considerations, which, taken together, justify the course which the Bill as drafted follows, the course which the Government recommends to the Committee, and show that that course is on the whole preferable to the one which the hon. Gentleman himself proposes. Of course, no one can say that one course is wholly good, and the other wholly bad. We have to deal with this matter in a practical manner, and to ask ourselves what, on the whole, is the best way in which to say what we mean.

I make that observation because the hon. Gentleman expressed a great desire to arrive at clearness, and appeared to think that the method which he suggested would infallibly arrive at clearness, whereas, on the other hand, our method was likely to lead to confusion and uncertainty. I do not think that that is so. I think that whatever method you employ there is bound to be some sort of boundary line along the edges of which there may be difficult and uncertain cases. I think that that is incurably involved in any case where we are endeavouring to sub-divide powers. Whether we say that the Irish. Parliament will have such and such powers and try to make a list of them, or whether we, on the other hand, as we do in the Bill, say that the Irish Parliament is to have powers to concern itself with all local affairs in Ireland, save so and so, you will inevitably arrive at cases where there will be doubt as to which side of the line they stand on.

But there are three considerations which, taken altogether, justify the view which we have adopted, and are endeavouring to express in the present drafting of the Bill. First of all, I deal with the question of precedents. Precedents are not everything in this matter, but so far as the precedent is relevant it may be helpful. I wish to point out to the Committee that some of the precedents which may very easily be quoted are rather doubtful guides. Take, for instance the precedents which may be supposed to be provided by the federations of Canada, Australia, and South Africa. Let the Committee observe that when you are dealing with that sort of case—take the case of Canada as an example: What you are really doing is you are distributing powers between the Federal Parliament of Canada and the provincial Legislatures of Canada. The powers which you give to the central Legislature you do not give to the local Legislatures, and the powers which you give to the local Legislatures you do not give to the central Parliament. That is distribution in the true sense. We have been told by several Members, I do not think very accurately, that what we ought to provide in the case of Ireland is something which is analogous to the provincial Legislatures of Canada in this sense: It has been suggested—I heard one of the right hon. Members for Dublin University, for instance, suggest it the other day—that if we did that, why, then, we should have this result, that just as the provinces of Canada in their Legislatures may pass certain laws that may be overridden by the central Government of Canada, so the same thing might arise here. That is quite untrue. It is not true that the provincial Legislatures of Canada can be overridden by the central Legislature of Canada, because when you divide the powers, what the provincial Legislatures get the central Legislature does not get, and what the central Legislature gets the provincial Legislatures do not get. That, broadly speaking, is true. It does not give us any guidance at all, for this reason: that the relation between the Imperial Parliament and the Irish Parliament, however it may be expressed, is not the relation between two legislatures one of which has one set of powers and the other of which has other powers. The relation between the Imperial Parliament and the Irish Parliament is this: The relation is between a Parliament which has all powers and a subordinate which only has some concurrent powers. That is the distinction which must be borne in mind, and that really removes a great number of the analogies which might apply.

I make bold to say that if one has regard to the analogies throughout the Empire which really do apply, it is impossible to produce a single case in which in the history of the British Empire we have proceeded by the method of enumeration instead of the method of exclusion. On the contrary, it has always been, from the very beginning of self-government in our Empire, when we have conferred it on the local Legislature, as in New South Wales or New Zealand, or whatever it may be, that we have done it by this method of conferring powers of legislation for the peace, order, and good government of the locality, and then, if occasion has arisen, we have enumerated certain special topics which are excluded from that general grant. It was only this afternoon that the hon. and learned Gentleman opposite pointed that out in another connection, in the case of the Constitution of New South Wales and of Victoria. As far as analogy goes, the relevant analogies show that our course has been to confer full powers of local self-government on the area in question, and then and in so far as proved to be wise and necessary withdraw certain of those powers.

I will take the second point, which I think has a very strong bearing upon the topics which you are asked to consider. There are two things you can do, and you have to consider which of the two things it is easier to do. Is it easier, speaking now, in 1912, to enumerate all those topics of a distinctly local character which from this time forward may arise in Ireland and say this exhausts the list of topics laid down now in 1912 for all time, represents all the local topics upon which Ireland shall ever legislate, or, on the other hand, is it not more easy to say that there are certain matters of Imperial concern—touching Ireland, it is true, in a certain aspect—which we can enumerate now on broad lines—the Army, Navy, and coinage—matters of that sort that can be laid down on broad, general lines? It is impossible as a practical matter for any man to lay down an exhaustive list of every local topic which, when it arises, would be, by the common consent of all reasonable persons, matters which ought to be left to a local as opposed to a central Parliament. If hon. Members will carry their minds back, it must be obvious that things which to-day are dealt with as matters of local concern are matters which it never entered the mind of Parliament thirty years ago would be the subject of legislation. As a matter of practical convenience it is far easier to exclude certain large Imperial topics, which are substantially the same for all time, and leave the rest to the Irish Parliament, than to attempt now to give a precise and exhaustive list of particularly local subjects.

I will take the third point. As we conceive it, and as those who support this Bill conceive it, we, by this measure, are conferring upon Ireland the grant of self-government, and that in itself involves, as it seems to me, the grant of local self-governing powers to legislate for the peace, order, and good government of the country without restriction. If there are subjects to be specially exempted, I say that any one who really believes in the principle of Irish self-government ought to express these exemptions in plain terms. When I observe what are the particular powers which the hon. Gentleman opposite in his interesting speech desires to confer on the Irish Legislature, I begin to understand why it is that some people object to calling it a Parliament. Really, what he proposes to confer upon the Irish Legislature might be extremely appropriate to a glorified county council, but there is no kind of resemblance to the thing which we, who are as loyal as hon. Gentlemen opposite, desire to confer on Ireland. Our view is that it is only by a generous and full concession of local self-government, with the express reservation of matters necessitated by geographical position, that we most appropriately carry out what is the spirit of self-government throughout the British Empire.

Motion made, and Question, "That the Chairman do report Progress, and ask leave to sit again"—[ Mr. Cave ]—put, and agreed to.

Committee report Progress; to sit again upon Monday next, 8th July.

Elementary School Teachers [Superannuation.]

Considered in Committee.

Motion made, and Question proposed, "That it is expedient to make 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."—[ Mr. Joseph Pease. ]

Committee report progress; to sit again To-morrow (Thursday).

Foot-And-Mouth Disease

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

I wish to ask the Minister for Agriculture whether he can give the House any information as to the report that cattle disease has broken out in Hampshire, and whether he can give any information on the subject generally?

Late this afternoon it was reported to us that part of a lot of twenty-five Irish cattle in Hampshire were supposed to have contracted foot-and-mouth disease, but I am glad to say that on a veterinary inspection just before sunset to-night it was found that none of them were affected. So far the South of England appears to be quite clear of any case. As regards the case reported in Lincolnshire, it is not yet confirmed. The place named is an outlandish place, and I expect the inspector has not yet returned from his inspection. The two reported cases in the Alnwick neighbourhood have been confirmed, and the scheduled area in the middle of Northumberland will have to be extended some ten or twelve miles further north. At ten o'clock this evening telegrams were received which showed that the suspected cases at Altrincham and Dukinfield, in Cheshire, were certainly not cases of foot-and-mouth disease.

May I ask the Vice-President of the Board of Agriculture what further information he has?

I received a telegram at ten o'clock which says:

"No further cases have occurred. The zone of special and detailed inspection of all live stock around Swords has been further extended owing to excessive congestion at Dublin abattoir, at which cattle are being slaughtered on licence. "We have arranged to licence slaughter at a few selected slaughter houses, which are placed under same restrictions as apply at abattoir."—GILL.

Is there any further information with regard to the suspected outbreak in Scotland?

There has been a rumour of cases in Scotland, but I have no particulars to communicate to the House. If the hon. Member will repeat his question to-morrow I will give him what information I have.

Point of Order (Divisions)

I wish to ask your ruling, Mr. Speaker, on a point of Order. I must apologise to you for not having brought it before your notice before, but the matter only arose this afternoon. I ask your ruling on this point: If a Member has not heard the Question put, is he not entitled, under the practice of this House, to require the Chairman, or, as it may be, the Speaker, to put the Question again? This afternoon I could not hear the Question put, and many hon. Members, I think, were in exactly the same position. There was an amount of confusion, chiefly arising ou the Government Benches. I asked the Chairman when the Question had been put for the second time to put it again. That request, made in the hearing of the House, was ignored. From what is laid down in Sir Erskine May's book (page 358), it appears to be the immemorial practice of the House that if a Member has not heard the Question put at the first or even the second time, that the Question is again stated to him from the Chair. I respectfully ask you for your ruling, Mr. Speaker, whether it is not the practice of the House, when a Member has not heard the Question put, for the Chairman or the Speaker to put the Question again? My application this afternoon, for the second time this Session, was ignored. I had no idea the Question had been put or the terms of it; and I ask whether or not I was within my right in asking the Chairman to put the Question a second time?

I have not had time to refresh my memory by looking at the page of May cited by the hon. Member; but, speaking generally, I should say that practice had passed into desuetude, and the reason of it is because of the alteration which has taken place in the system of taking Divisions. The hon. and learned Member will remember that under the old system a Question was only put a second time after all the Members were supposed to be gathered in the House and after the doors had been closed. There may have then been good reasons for the Question being put again to any hon. Members who did not hear it, but the hon. Member will see it is really impossible under the present system of taking Divisions to put the Question to every Member who has not heard it the first or even the second time. The doors are now open for six minutes, and it seems to me almost impossible that every Member should be entitled to ask the Speaker, or the Chairman, to put the Question again.

What I have quoted is from the last edition of May, published in 1906. The result of your ruling would be that Members would be quite incapable of knowing what Lobby to go into; it means that Members on either side of the House might go into the wrong Lobby.

The alteration in the system of taking Divisions was made since 1906; it is a recent practice established within the last four years. I will look into the matter, and if the hon. Member will put a question at Question Time to-morrow I will give a further answer, if necessary.

Adjourned at Ten minutes after Eleven o'clock.