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Commons Chamber

Volume 46: debated on Tuesday 14 January 1913

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House Of Commons

Tuesday, 14th January, 1913.

The House met at a quarter before Three of the clock, Mr. SPEAKER in the Chair.

Established Church (Wales) Bill

Viscount Wolmer presented six petitions containing 17,012 signatures against the passing of the Established Church (Wales) Bill.

Assurance Companies

Paper [presented 13th January] to be printed.

Benefices Act, 1898

Address for Return:—

"(a) Return of Transfers of Rights of Patronage registered under The Benefices Act, 1898, during the years 1904, 1905, 1906, 1907, 1908, 1909, 1910, 1911, and 1912 (to be extracted from the Register prescribed by Rules 2 and 3 of The Benefices Act, 1898), and also in respect of Benefices of which the rights of patronage have been transferred during those years, of the dates of such institutions or admissions (if any) as have been made during those years subsequent to the transfer:

The Return to show conveniently: (1) the diocese; (2) the name of Benefice; (3) the date of registration; (4) the date of transfer; (5) the names, addresses, and descriptions of the transferors; (6) the names, addresses, and descriptions of the transferees; (7) the interest transferred; (8) any extension of period for registration; (9) date of last, institution or admission prior to transfer; (10) any reservation in favour of transferor; (11) date of any subsequent institution or admission in respect to each Benefice and transfer;

(b) Return of Benefices (if any) in respect of which Refusals of Institution were made under The Benefices Act, 1898, during the years 1904, 1905, 1906, 1907, 1908, 1909, 1910, 1911, and 1912, showing: (1) the diocese; (2) the name of Benefice; (3) the grounds of refusal; (4) whether any appeal; (5) the result of any appeal in respect to each Benefice and refusal of institution;

(c) Return of Benefices (if any) in respect of which Commissions were issued during the years 1904, 1905, 1906, 1907, 1908, 1909, 1910, 1911, and 1912, under The Pluralities Act, 1838, as amended by The Pluralities Act Amendment Act, 1885, and The Benefices Act, 1898, showing: (1) the diocese; (2) the name of Benefice; (3) whether the Report of the Commission was in favour of or adverse to the incumbent; (4) if adverse, whether followed by (a) the appointment of a curate, (b) the inhibition of the incumbent; (5) whether there was any appeal; (6) the result of any appeal, in respect to each Benefice and commission;

(in continuation of Parliamentary Paper, No. 366, of Session 1904)."

[ Lord Hugh Cecil.]

National Insurance Act

Return of officers appointed to the staff of the National Health Insurance Commission (Scotland) [by command]; to lie upon the Table, and to be printed.

Copy presented of The National Health Insurance (Further Payments to Approved Societies) (Ireland) Order, 1913 [by Command]; to lie upon the Table.

Copy presented of Provisional Regulations, dated 13th January, 1913, made by the Insurance Commissioners, entitled the National Health Insurance (Deposit Contributors' Administration Expenses) Regulations, 1913 [by Act]; to lie upon the Table, and to be printed.

Copy presented of Regulations made by the Scottish Insurance Commisioners constituted under the National Insurance Act, 1911, amending the National Health Insurance (Naval and Military Forces) (Time Limits) Regulations (Scotland), 1912, dated 7th January, 1913 [by Act]; to lie upon the Table, and to be printed.

Naval And Marine Pay And Pensions Act

Copies presented of Nine Orders in Council, dated 16th December, 1912, made under the Act [by Act]; to lie upon the Table.

Explosives Act, 1875

Copy presented of Order in Council, dated 10th December, 1912, made under the Act [by Act]; to lie upon the Table.

Merchant Shipping Act, 1894, And Foreign Jurisdiction Act, 1890

Copy presented of Order in Council, dated 16th December, 1912, making Tulegi in the British Solomon Islands Protectorate a Port of Registry under the Merchant Shipping Act, 1894 [by Act]; to lie upon the Table.

Foreign Jurisdiction Act, 1890

Copies presented of Three Orders in Council, dated 16th December, 1912, made under the Act [by Act]; to lie upon the Table.

Dockyard Ports Regulation Act, 1865

Copy presented of Order in Council, dated 16th December, 1912, regulating the Dockyard Port of Plymouth [by Act]; to lie upon the Table.

Lunacy

Paper laid upon the Table by the Clerk of the House:—Copy of Return to the Lord Chancellor of the number of Visits made and the number of Patients seen by the several Commissioners in Lunacy during the six months ending 31st December, 1912 [by Act].

Marconi's Wireless Telegraph Company Limited, Agreement

Special Report from the Select Committee brought up, and read;

Report to lie upon the Table, and to be printed. [No. 430.]

Oral Answers To Questions

Fernando Po (British Coloured Subjects)

1.

asked the Secretary of State for Foreign Affairs whether His Majesty's Government has any reason to believe that British coloured subjects are being recruited for the Island of Fernando Po; and whether His Majesty's Government is satisfied as to the conditions under which this labour is employed?

His Majesty's Government have reason to believe that some British coloured subjects have been recruited clandestinely for Fernando Po, and that the conditions under which they are employed are unsatisfactory. They arc taking steps to see that the men's rights are protected. I may add that a salaried Vice-Consul has recently been appointed for the Spanish and Portuguese Islands in the Gulf of Guinea.

Liberia (Recruiting Of Labour)

2.

asked whether the Portuguese planters are recruiting hinterland Liberian labour for their islands in the Gulf of Guinea; and whether, in view of the prevalence of sleeping sickness on the Island of Principe and the danger that returning labourers might carry back this malady to the mainland, he will obtain assurances from the Liberian Government, or from the British company engaged in this traffic, that Liberian labour will not be shipped to the Island of Principe?

It has been already stated in answer to the hon. Member for East Nottingham on 1st January, and the hon. Member for Stafford on 6th January, that I have no reason to believe that any labour is being recruited in Liberia for Principe. The latter part of the question involves technical points on which I must be guided by the expert advice at the disposal of His Majesty's Government.

May I ask the right hon. Gentleman if he is aware that there is only one British company and one British subject?

Crete

3.

asked if the Foreign Secretary can give any information as to a number of the inhabitants of Crete having expressed their intention of joining the kingdom of Greece and abandoning their allegiance to the Turkish Empire; and if any importance is attached to the movement?

The desire of, at any rate, a considerable section of the Christian population of Crete for union with Greece has been a matter of common knowledge for some years past, but I have no information as to any recent specific movement in the direction indicated.

Persia

4.

asked whether the office of British Consul at Tabriz is now vacant; if so, how long has it been vacant; and when will it be filled?

The post is not vacant. His Majesty's Consulate at Tabriz is in charge of an officer of the salaried Consular service.

Is the present Consul at Tabriz quite a young man—about twenty years of age?

No; my impression is that the Consul appointed is away temporarily, and his place has been taken for the time. I ask for notice.

5.

asked whether the Foreign Secretary is aware of the difficulties to which the present gendarmerie force in Persia is exposed through the in sufficiency and irregularity of their pay; and whether His Majesty's Government will consider the advisability of making a further advance to the Persian Government for the purpose of increasing the gendarmerie force on the southern roads pending the arrangement of an adequate loan?

I am well aware of the difficulties to which the hon. Member refers, and last month a further sum of £15,000 was advanced by His Majesty's Government to the Persian Government for the financial requirements of the Government of Fars. I am now con sidering what more can be done to assist the gendarmerie, the reports of whose efficiency, owing to the direction of the Swedish officers, have impressed us favourably.

India (Public Works Department)

6.

asked the Under-Secretary of State for India whether the Public Works Department in India has been strengthened in recent years by the appointment of professional architects in order that the Government of India may be advised in all matters relating to architecture by experts with a full knowledge of Indian conditions?

Within the last ten years the Public Works Department in India has been enabled to deal more adequately with designs for public buildings by the appointment of consulting architects. One such appointment is attached to the central Government and five to provincial Governments

Delhi (Town-Planning Committee)

7.

asked whether before or after the appointment of the Delhi Town-planning Committee there were transferred from the Public Works Department to another department of the Government of India all matters referring to the laying out and design of the new Delhi; and, if so, whether the reasons for this course can be stated?

Matters connected with the creation of the new capital, including the acquisition and laying out of the site, have from the first been dealt with in the Home Department of the Government of India. It is the appointed department for dealing with questions which turn mainly on considerations of public policy and general administration.

8.

asked whether the hon. Gentleman can give an assurance that in allocating sites for buildings in the new Delhi no special favours by granting free sites will be given to any religious body, but that all denominations and churches will be equally treated, and that a fair market price will be demanded in all cases for land required for religious objects?

The answer is in the affirmative as regards churches, which under the rules in force the Government does not provide or help to build. Under the rules the Government provides churches for military stations and gives Grants-in-Aid in respect of churches at Civil stations. But ordinarily not more than one Protestant and one Roman Catholic church is provided at any station. When Government provides a church it also provides the land.

May I ask that care will be taken not to perform anything like consecration over buildings handed over to one sect alone?

Treasury Balances (India)

9.

asked how far the Treasury balances in the hands of the Secretary of State for India have been reduced since 1st October last; and whether the hon. Gentleman can give a list of the short-term loans called in and of the firms holding them between 1st October and 31st December, 1912, and a list of the short-term loans and deposits, and the names of their holders, held by approved borrowers on 1st January, 1913?

The reduction of the Treasury balance in the hands of the Secretary of State from 1st October, 1912, to 13th January, 1913, was £6,588,896—i.e., from £13,630,484 to £7,041,588. The statement asked for in the second part of the question is being circulated with the Votes. On 1st January, 1913, there were no deposits with banks. As regards loans on security at that date, I would repeat the statement made in reply to a question on 5th November, that the relation between the Secretary of State and the approved borrowers, whose names have recently been published, is similar to that between a bank and its customers, and is therefore regarded as confidential. If the hon. Member should still press for publication of this further information, it will be circulated with the Votes. Otherwise I shall be glad to show it to him privately.—[See Written Answers this date.]

Has the reduction in the balances in any way been due to the publicity given to the matter in this House?

Cotton Growing (India)

10.

asked what increase there has been in the growth of cotton during each of the last three years in the Central Provinces and in the South of India?

A statement showing the area and yield of the cotton crop in the Central Provinces, Madras, and Bombay, in each of the last three years, and the estimate for the current season, will be printed and circulated with the Votes.—[See Written Answers this date.]

Purchase Of Silver (India)

11.

asked what was the market price of silver in China on 11th September, and its equivalent in London at the rate of exchange of the day?

The Secretary of State is not aware that there is a market price generally prevailing in China in the sense in which there is one for each day generally prevailing in London.

; Did not the hon. Gentleman tell me, in answer to a previous question, that the price of silver in China was not necessarily the price in London, and was not that one of the reasons given for Messrs. Samuel Montagu and Company buying silver in China at 29⅛ when the price in London was 28 13–16?

I have never said there was a market price in China. The hon. Member has a question further down the Paper, and he will see how the calculation is made.

Did not the hon. Gentleman give me to understand that the exchange was different?

12.

asked whether the Bombay or Calcutta mints worked over time at any time during the latter part of the year 1912; if so, for what period; did they work night and day during any part of the period; and have they been so working during the present year?

As regards 1912 I have nothing to add to the statement I made in reply to a question by the hon. Member on the 1st January. As regards the present year such information as is available indicates that there has been no overtime; but, without inquiry, I cannot be certain.

Will the hon. Gentleman try to get the information with regard to 1912, and will he endeavour to keep the Office in closer touch with what goes on in India?

It is a very easy calculation, but if the hon. Member wishes to have direct information I will ask for it.

13.

asked for details of the cost per ounce, separating the items of freight and insurance to India which would have had to be paid by a purchaser at the London market price of 28 13–l6d. on 11th September when Messrs. Samuel Montagu and Company bought £600,000 of silver on behalf of the Government of India at 29⅛d. to be sent from China, freight and insurance being paid by the seller?

The figures are, approximately:—

Freight.1297 of a penny
Insurance.0240 of a penny
Packing, marking, cartage, etc.0103 of a penny
Total.1640 of a penny
In addition there would have been a loss of interest for the period between the 11th September and the several dates on which the payments for delivery from China were made, equivalent to approximately 1460 of a penny per ounce. As I mentioned on 26th November, there is no reason to believe that so large a purchase could have been in London on the dates mentioned without raising the price above 28 13–16d.

If there was no different market price in China from that in London for silver, will the hon. Gentleman say how it is that even adding the cost of freight and insurance to the market price of 28 13–16d., it does not amount to 29⅛d., the price that Messrs. Samuel Montagu and Company paid?

It falls short by an extremely small fraction, and against that the last part of my answer shows that the price in London would have been considerably raised by so large a purchase.

Could not any other firm have bought in China, and could it not be done through the Bank of England?

If the hon. Member has any information which leads one to suppose that there was a market rate in China, I shall be very glad if he will communicate that information.

Will the hon. Member inform us who it was wanted the job in place of this company?

14.

asked if the cost of carrying over contracts for the purchases of silver through Messrs. Samuel Montagu and Company, instead of taking delivery at the due dates, was equivalent to borrowing £661,000 for an average period of two months at the rate of approximately 4.46 per cent, interest, while the India Office was obtaining interest at the rate of approximately 2¾ per cent. only by the employment of its balances'?

The statement in the question, which is in effect a summary of replies that I gave on 29th November and 7th January, is correct. As I explained in the previous replies, substantial advantages, not mentioned in the question, were obtained by the postponements.

Are we to take it the extra cost of carrying over is the difference between 4.46 and 2¾ on £661,000?

Only if you omit the substantial advantages referred to in the latter part of my answer.

British Army

New Rifle

15.

asked the Secretary of State for War when the new rifle will be issued to the Regular Forces?

No pattern of new rifle can be finally approved until the result is known of the trial of the rifles which are about to be issued to the troops for that purpose. No date for the issue of a new rifle can, therefore, be stated at present.

16.

asked whether the new Army rifle is to have a modified form of Mauser bolt; if so, who was the inventor of this bolt; and what is the cost of manufacturing the ordinary Mauser bolt and the new one?

There are features in the bolt of the experimental rifle which are similar to those in the Mauser pattern of bolt. The bolt was designed in the Royal Small Arms Factory. No information is available regarding the cost of the Mauser pattern bolt, and no comparison with the new bolt is, therefore, practicable.

Ammunition

17.

asked if the Mark VII. pointed bullet ammunition has been issued to all the Regular Forces; and, if so, when it will be supplied to the Special Reserve and Territorial Forces?

All Regulars at home and Special Reserves have been equipped with Mark VII. ammunition. I am not at present in a position to make any statement as regards the Territorial Force.

Houses (Price)

19.

asked the Secretary of State for War whether the price of horses impressed for national service in time of war or emergency will be fixed by agreement between the owners and the Remount Department of the War Office or will be settled by the purchasing officers; and, if so settled, whether there will be any appellate tribunal competent to judge of the value of such animals?

The price will be fixed by each purchaser appointed on mobilisation, on behalf of the War Office, according to his opinion of the market value prevailing at that time. The owner, if dissatisfied, has a right of appeal under Section 115 (4) Army Act to the County Court Judge, who shall determine, after hearing evidence produced, the amount to be paid.

Does the right hon. Gentleman consider the County Court Judge is an efficient tribunal to try such a question as this?

It has long been the law that he should be the person to fix the price, and I think on the whole that probably justice will be done.

There is none laid down in the actual contracts, but there will, of course, be a price beyond which we should not go.

Territorial Force (Adjutants)

20.

asked the Secretary of State for War whether he is aware that an adjutant of a Regular unit is provided with a soldier servant at a cost of 10s. a month and Government stabling and forage for his horse, but that an officer holding the appointment of adjutant of a Territorial unit, who is unable to obtain either a soldier servant or Government keep for his horse, is granted an allowance of Is. a day for a civilian servant and 19s. 3d. a week for the keep of his horse; and, as no civilian servant can be obtained for Is. a day and no horse can be put at livery under about 25s. a week, will he consider the question of increasing these allowances sufficiently to cover the cost entailed?

Soldier servants and Government stabling and forage are not provided for Territorial adjutants who are detached from their Regular units. These adjutants are treated in these respects in exactly the same way as other Regular officers similarly situated, and I regret that I cannot promise any increase in their allowances.

Why should those adjutants be out of pocket altogether to this' extent; and if they are given any allowance at all, why should not that allowance cover expenses?

You must consider their total emoluments, and then I do not think it will be found that it is inadequate.

Is the emolument of Territorial adjutant only half-a-crown extra per day for his adjutant's work?

Royal Artillery

21.

asked how many additional light draft horses will be required for the Royal Artillery in the event of the Expeditionary Force being sent abroad; and how many of these are likely to be forthcoming as the result of the voluntary registration scheme recently-inaugurated.

As I informed the hon-and gallant Gentleman the Member for Bodmin on the 10th of last month, it is not considered expedient to publish statistics regarding mobilisation arrangements.

Is the right hon. Gentleman satisfied, in view of the displacement of horses by motor traction, that he will have sufficient horses of the right kind for draft artillery purposes?

Yes, I am satisfied we shall have a sufficient number of horses to mobilise the Artillery. We made great advances in this respect in the last year, but, of course, more requires to be done in this and other countries.

National Insurance Act

Medical Benefit

26.

asked the Chancellor of the Exchequer whether he has instructed the insurance committee not to allow people to make their own arrangements for medical treatment because the Government will not allow it; and, if so, by what authority he urges the insurance committee to contravene the provisions of the Act to which they they owe their existence?

I do not know to which of the 235 insurance committees the hon. Member refers, but in any case the answer to the first part of the question is in the negative; but I may again point out, with regard to the suggestion contained in the second part of the question, that an insurance committee is not required by the Act to allow insured persons to make their own arrangements for medical treatment.

May I ask the right hon. Gentleman if he did not say they were so entitled?

I certainly did not. If I did the Act provides that they are not to be allowed.

27.

asked the Chancellor of the Exchequer whether he has informed the secretaries of the National Insurance Medical Practitioners' Association that priority will be given to the doctors on the panels if whole-time appointments are necessary; and, if so, by what authority he offered this preference to doctors who accepted his views in preference to those who stood by the British Medical Association?

I would refer the hon. Member to the answer given by my right hon. Friend the Financial Secretary to the Treasury on the 1st January and to my letter, dated 18th December, 1912, which has been laid on the Table of the House.

Will this form a precedent for using public funds for breaking great industrial and other non-professional strikes?

It has nothing whatever to do with that. We simply propose this course because doctors refuse to place their services at the disposal of the State.

28.

asked whether the Insurance Commissioners have approved of the action of the Middlesex Insurance Committee in agreeing that the sum pay able in respect of insured persons who have not before 31st March selected a practitioner on the panels will be divided amongst the practitioners on the panels; and if the Government has sanctioned offering those practitioners who accept its terms additions and emoluments at the expense of those who, maintaining their pledge, decline to accept such conditions?

Section 15 (2) (d) of the National Insurance Act and the regulations made by the Commissioners expressly provide for the distribution amongst the practitioners on the panel of insured persons who after due notice have failed to select a doctor and the distribution is to be carried out so far as practicable under arrangements made by the practitioners on the panel themselves. These practitioners are responsible for the medical treatment, if required, of such insured persons, and all money available to the Committee for the medical treatment of insured persons obtaining treatment from the panel will be distributed among these practitioners in accordance with the regulations.

Can the right hon. Gentleman say whether a doctor who has gone on the panel can refuse to take his quota of the distributed insured persons?

The hon. Gentleman knows perfectly well there are special provisions in the Act dealing with cases of that kind.

Can a doctor, once he has gone on the panel, refuse to take persons distributed by the committee amongst the doctors on the panel?

As a matter of fact that has nothing to do with the question. The hon. Gentleman knows perfectly well he can refuse, in the first instance, but there are provisions dealing with those who have not been already distributed among the doctors.

Did not the right hon. Gentleman, in answering my hon. Friend's question, say that those persons were to be distributed according to arrangements made with the doctors. I ask can a doctor refuse to treat those patients who are distributed—may I have an answer?

Are we to take it that although a doctor on a panel may refuse to attend a patient that same patient may be allotted to him by the committee?

No, I did not say that. If I did not make myself intelligible I will answer again. I said there were special provisions in the Act for distributing those who had been refused by all the doctors, but it is a very improbable contingency that every doctor on the panel will refuse the patient.

29.

asked the Chancellor of the Exchequer whether he organised or expressed his intention of organising a service of State-paid doctors ready to proceed to any area in order to break; down the opposition of the medical profession to working on the panel system?

In any area where the panel may be found to be inadequate the duty is laid upon the Commissioners of making alternative arrangements in conjunction with the insurance committee for the medical treatment of insured persons; and of such alternative arrangements that of a salaried service appears to be the one most acceptable to the insured persons themselves.

May I ask whether this forms a precedent for breaking down industrial and non-professional strikes?

The answer is a specific answer to the question, which is whether a State service is to be organised in those cases. I say that it is the duty of the Commissioners to see that adequate medical provision is made. There are two or three alternatives, and the one which is popular with insured persons is salaried service.

May I ask, where a State service is organised and put into force in a district, will insured persons have free choice of doctors?

Inasmuch as the insured person is fully represented upon the insurance committee which will be making the arrangements, I take it he would look after his own interest.

Has the right hon. Gentleman altered his mind since October last, when he stated that in such a case a person would be entitled to free choice of his own medical man?

I fail to see in what respect my answer differs from the answer I gave before.

Deposit Contributors

32.

asked the Chancellor of the Exchequer if he will entertain a proposal for the 500,000 deposit contributors under the National Insurance Act to be united in the form of an insurance society with reduced fixed benefits, or with benefits contingent on the claims made, so that these persons who cannot obtain the ordinary benefits of an approved society may still have the benefits arising from the assurance of large numbers of persons in similar circumstances to themselves?

No such scheme would be possible under the present provisions of the Act. Section 42, which deals with the position of deposit contributors, does not remain in force after 1st January, 1915, and before that date I shall be happy to receive suggestions as to the best method of providing for this class of contributors. Further information as to the actual character and extent of the class and experience of the working of the present scheme of benefits will certainly be necessary before it can be stated what change will be desirable. I would point out, however, that a very large proportion of the present deposit contributors can at once transfer to approved societies, and so secure, if they desire to do so, a better form of insurance than would be possible under the scheme suggested by the hon. Member; and a considerable proportion have indeed become deposit contributors because they have deliberately chosen that form of insurance. May I add that although we estimated that there would be about 1,000,000 deposit contributors compulsorily, there are only half a million, and our estimate is that fully half of them become deposit contributors from choice.

Would it be possible to make some arrangement with one of the large societies so that these unfortunate people who are obliged to become deposit contributors—I am not referring to those who become deposit contributors voluntarily—could obtain some means of insurance through such a society?

I have not the faintest doubt that the large societies would be glad to take them over, because, as a rule, they are about the healthiest people in the country. But I think we had better wait a short time in order to see whether that is the best method of dealing with the problem.

Outdoor Belief (Scotland)

40.

asked the Secretary for Scotland whether parish councils in Scotland, in granting outdoor relief to a person entitled to benefit under the National Insurance Act, should only take into consideration such benefit in so far as it exceeds 5s. a week, as boards of guardians in England are instructed to do under Clause 109 of the National Insurance Act?

I am advised that Section 109 of the National Insurance Act does not apply to Scotland. I am making further inquiry as to the views and practice of parish councils in regard to the matter.

Doctors' Dispensers

62.

asked the Secretary to the Treasury if he is aware that, notwithstanding the provisions of Section 15 (3) of the National Insurance Act, doctors' dispensers who are not registered under the Pharmacy Acts, 1852 to 1868, are afraid that difficulties may arise at some future time in establishing their right to dispense medicines supplied to insured persons; and will he take into consideration the question of arranging for the registration of doctors' dispensers either by the Insurance Commissioners or the Pharmaceutical Society, or the institution of some other effective means of safeguarding the position of doctors' dispensers and of those who have acted as dispensers to public institutions?

Section 15 (5) (6) (iii.) of the National Insurance Act clearly provides that in the case of insured persons medicines may be dispensed by a person who for three years immediately prior to the passing of the Act had acted as a dispenser to a doctor or a public institution, and I do not at present see the necessity for such action as the hon. Member suggests.

Will the right hon. Gentleman tell me what is the position of a man who has been a dispenser for many years, and who for three years before the passing of the Act has been conducting a drug store dispensing prescriptions behind a counter in a chemist's shop? Would he be qualified or debarred?

The hon. Member must put that question down. A Minister can hardly be in a position to give an answer to a question of that kind without notice.

Official Literature

63.

asked why the circulars, orders, forms, regulations, and memoranda issued by the Insurance Commissioners to Members of Parliament who have applied for them are not complete; and on what principle the supply of some is long delayed, while others are not supplied at all?

I would refer the hon. Member to the answer which the Financial Secretary to the Treasury gave to the hon. Member for Salisbury on the 9th instant.

Sanatorium Benefit

64.

asked in how many counties in Ireland have medical officers been appointed for the purpose of the tuberculosis sanatorium benefit under the National Insurance Act; in how many cases have such officers passed a special course in the sudy of tuberculosis or, where not specially qualified, if it is permissible for an officer so appointed to qualify by taking out his course in tuberculosis study subsequent to his appointment; and if the Irish Local Government Board will sanction such a proceeding?

The councils of twenty-two counties or county boroughs have appointed medical superintendents of tuberculosis dispensaries under the Tuberculosis Prevention (Ireland) Act, 1908. Two of these officers have qualifications as prescribed by Order of the Local Government Board of the 19th July last, which requires as a condition of appointment special experience in the diagnosis and treatment of tuberculosis. In the other cases the officers are undergoing a special course of instruction. This represents the settled practice of the Board.

Snow-Sweepers

67.

asked whether the National Insurance Commissioners have considered the case of the hundreds of snow-sweepers who are employed by the Metropolitan borough councils, often only for half a day, when there is a fall of snow; and what decision has been come to as to whether they must be insured?

Such persons, like other casual labourers, are employed within the meaning of the National Insurance Act, and the contributions are payable in respect of them by the employing authority, subject to the usual conditions.

Customs And Excise (Amalgamation)

31.

asked the Chancellor of the Exchequer if any report has been received from the collector of Customs and Excise at Edinburgh or from the Procurator-fiscal on the case of the officer of Customs and Excise who committed suicide on 6th December; if a copy of a letter written by the officer just before his death, in which he said that he was being driven out of his mind by the overwhelming amount of work that he was expected to do, and for which he had neither training nor experience, has been sent to the Board; to what do such reports as have been received attribute his suicide; if there is in existence a letter written by the collector of Edinburgh to the deceased officer just before his death in which the collector admitted that the work was very difficult for a young and inexperienced officer, but begging him to stick to it as there had been eight changes of officers in nine months; if, since the suicide of this officer, two officers have been put in the station to do the work; and will he state why this important revenue station has been left without an established officer for nine months?

The circumstances attending the suicide of the officer in question have been fully reported to the Board of Customs and Excise by their collector at Edinburgh. No report has been received from the Procurator-fiscal. A copy of the letter written by the officer just before his death has been sent to the Board. It is impossible for the Board on the information before them to assign a definite cause for the officer's suicide, but they are satisfied from the reports received that the work of his station was not sufficient to account for it. The collector of Edinburgh states that no such letter as that referred to was written by him. It is not the case that two officers have since the suicide been put in the station to do the work. Assistance was given for four days in order to meet special work annually recurring towards the end of December, and such assistance would have been given to any officer in charge of the station. Owing to the great increase in the work of the Department, and the consequent increase in the number of stations, it was impossible to appoint fixed officers to all stations.

Do I understand the right hon. Gentleman to say that he is informed by the Board of Customs and Excise that the collector did not write the letter referred to in the question?

Yes. The collector states that no such letter as that referred to was written by him.

34.

asked the Chancellor of the Exchequer whether he is aware that a large proportion of the present Excise staff is now only in receipt of salaries sanctioned by the 1894 scale, whilst others are considerably below that scale; and whether he can hold out any hope that the scale will be revised soon, seeing that the volume and responsibilities of their duties have been materially increased by recent legislation and that the cost of living has advanced about 25 per cent, since 1894?

I am aware that if the 1894 scale were still in force certain officers might be now receiving under it as much or in some cases slightly more than they are actually receiving under the new Hobhouse scale. But this is only a temporary incident, as the new scale will bring them substantial improvements, both of annual increments and maximum salary. The new scale was fixed quite recently after long and careful consideration, and I see no reason to revise it.

Is the right hon. Gentleman aware that Excise officers are bringing frequent and forcible complaints before individual Members'? As they would appear to have some substantial grievance, may I ask whether this matter is really engaging the attention of the Department?

35.

asked the Chancellor of the Exchequer if any examination of surveyors of Excise origin for inspectors has been held since the amalgamation of the Customs and Excise; if not, will he state if any officers of Customs origin have been appointed to inspector ships which, if the amalgamation had not taken place, would have been filled by the appointment, after examination, of super visors of Excise; and when a chance of promotion to the inspectorate will be given to the surveyors of Excise origin?

The answer to the first paragraph of the question is in the negative. The old class of inspectors no longer exists, having been absorbed with other Excise and Customs classes in the new controlling grade under the Amalgamation Committee's recommendation. The answer to the second paragraph is in the negative. Nobody has been promoted to the new controlling grade since its constitution, except three officials of Excise origin who had previously passed the examination for the abolished post of Excise inspector. In reply to the third paragraph, I am unable to state when further promotions will take place.

Increment Duty

33.

asked whether Increment Duty would be charged in the case of a generous landlord who is anxious to forward the cause of education in his parish and is willing to sell land which has increased in value since 1909 to the educational authorities in his county at less than its real value?

On the assumption that the landlord sacrifices the whole of the increased value which may have accrued since 1909, the answer is in the negative.

Who will be the judge—the generous landowner or the Inland Revenue Department?

I do not think there will be any difficulty at all in that case. Of course, the valuer will be the judge.

Bowles V Bank Of England

36.

asked whether any decision has yet been come to as to the course to be pursued with reference to the decision of the High Court in the case of Bowles v. The Bank of England; what were the costs incurred by the Crown in this case; and whether any opinion was obtained that the Crown had a reasonable chance of success?

I would refer the hon. and learned Member to the reply which I gave him on the 6th November last on the matter raised in the first part of the question, and as regards the last part to the answers which were given to the hon. Member for Dudley by my right hon. Friend the Attorney-General on the 18th November last and by myself on the 19th of the same month. The total amount of costs incurred by the Crown (including those incurred by the Bank of England) cannot at present be precisely stated, but they will amount approximately to £572, exclusive of Mr. Bowles' costs, the amount of which has not yet been definitely ascertained.

Has any decision been come to as to the course to be taken in view of this decision?

I think I announced the decision of the Government on the date to which I have referred.

Is it not the case that the right hon. Gentleman then told me that he was not in a position to make any announcement?

Is it in order to ask a Minister whether he has acted on the opinion of the Law Officers of the Crown? I base that question on the fact that the Minister only is responsible, and that we have not been able to discuss the opinion of the Law Officers of the Crown in Committee of Supply.

Small Holders Act (Scotland)

38.

asked the Secretary for Scotland how many of the 5,352 applications for land under the Small Holders Act have been dealt with up to 31st December, 1912; and how they have been dealt with?

It is impossible to reply satisfactorily within the limits of an answer to a question, and I would ask my hon. Friend to wait for the Report of the Board of Agriculture, which is being made up to the end of last year.

Can the right hon. Gentleman say roughly how much capital is required by an applicant?

39.

asked what methods are being taken to make the provisions of the Small Holders Act known in Scotland?

The number of applicants for holdings and enlargements of holdings is sufficient evidence that the general provisions of the Act are well known in Scotland. The Board of Agriculture have prepared leaflets dealing with the provisions of the Act; all existing small landholders, so far as they are known, have received a leaflet explaining their position; and the three Sub-Commissioners for Small Holdings have travelled over the greater part of Scotland interviewing applicants and other inquirers.

Education (Scotland)

41.

asked the Secretary for Scotland whether he proposes to adopt the suggested changes in administration in the Scottish Education Department contained in the evidence given by Sir John Struthers before the Royal Commission on the Civil Service?

The evidence referred to is still unpublished and confidential. The question, therefore, is premature.

Does the right hon. Gentleman not recollect that he has already informed the House that he has never seen any of the evidence?

Yes, the hon. Member asked me some time ago whether I had seen any of the evidence before it was given to the Royal Commission, and my reply was that I had not. I thought that as the officials were asked to give evidence personally as officials, that it was not at all my duty to have anything to do with the preparation of the evidence.

44.

asked the Secretary for Scotland whether there is a considerable body of opinion in Scotland which considers that the courses of study laid down for non-university students in the training colleges are from many points of view unsatisfactory; and, if so, whether he will consider the advisability of appointing a Committee to inquire into the whole question of the training of Scottish teachers?

I am not aware that there is any considerable body of opinion of the nature indicated. But, as a matter of fact, the training of teachers is primarily in the hands of the various provincial committees which are composed essentially of representatives of school boards in all parts of the country, of universities, and central institutions, and of representatives of various grades of the teaching profession, and any proposals which these bodies may choose to submit for the modification of the system of training will be carefully considered. In view of the existence of committees so constituted, I consider the appointment of any special Committee of Inquiry unnecessary and inexpedient.

48.

asked the Secretary for Scotland whether the Educational Institute of Scotland, representing 14,000 teachers, has expressed strong disapproval of the present system of training teachers; that the Glasgow School Board has condemned the junior student system of training teachers and has ceased to nominate such students, and that other large school boards are contemplating the same course; and, if so, what steps he proposes to take to bring about a more satisfactory state of affairs?

I am not aware that the Educational Institute of Scotland has expressed disapproval of the present system of training teachers. I have certainly not heard of any such expression of opinion. The Glasgow School Board has adopted as an experiment the alternative method of the preliminary training of future teachers which is allowed by the Regulations and it is open to other school boards to do the same. I am not aware that the present system which allows these alternatives is unsatisfactory.

Burgh Police (Scotland) Amendment Act, 1911

43.

asked in how many cases the by-laws framed by town councils for regulating the hours during which places of refreshment in Scotland are to remain open under the provisions of the Burgh Police (Scotland) Amendment Act, 191], have been confirmed by the sheriff of the district in the form proposed by the town council; in how many cases confirmation has been refused by the sheriff; and in how many eases the sheriff has himself amended the by-laws before confirming the same, giving in each case the names of the burghs concerned?

The information in my possession does not enable me to answer my hon. Friend's question in detail, although I am aware that in certain cases by-laws have been amended in the proceedings before the sheriff.

Employment Of Ex-Soldiers And Ex-Sailors

45.

asked the Prime Minister whether he will assist the volun- tary associations in approaching local authorities, public societies, and companies, etc., with the view of promoting the employment of ex-soldiers and ex-sailors of good character, by authorising the issue of a statement that could be used by the voluntary associations showing that the Postmaster-General and other Government Departments have adopted the principle of filling a moiety of all appointments, such as messengers, postmen, watchers, warders, park-keepers, attendants, porters, and similar situations, with ex-soldiers and sailors of good character, and that the extension of the principle throughout the country has his full sympathy, as an inducement to local authorities and public companies, etc., to imitate the action and policy of His Majesty's Government in this respect?

As the hon. and gallant Member is aware, both local authorities and private employers have full discretion in the choice of their employe, and His Majesty's Government would not feel justified in interfering with that discretion; but, as I informed him on the 11th December last, the movement for promoting the employment of ex-soldiers and ex-sailors in civil life has my full sympathy.

In any assistance that the right hon. Gentleman gives, will he take care that the interests of the soldiers of industry are not prejudiced?

Agricultural Banks

49.

asked the President of the Board of Agriculture whether any arrangements have been made with the joint stock banks to make advances to rural credit banks; if so, what interest will be charged on advances; and what conditions will be imposed on rural credit banks obtaining such advances?

I will circulate the answer, which is a long one, with the Votes and Proceedings. But I may add that twenty of the principal joint stock banks in the country have come into the scheme.—[see written Answers this date.]

May I ask whether, seeing that the same scheme has been tried in Ireland, and failed, and that a Departmental Committee of the Irish Board is now considering the matter, the right hon. Gentleman will defer the initiation of his scheme until that Committee has reported?

No, Sir, I could not think of deferring the initiation of our scheme. I think the sooner these co-operative societies can get cash advances the better.

When will the joint stock banks which come in be prepared to make advances, and when will the right hon. Gentleman circulate the information?

I will circulate the answer to-day. From to-day onwards any properly constituted co-operative society will be able to take advantage of the terms secured for them.

West Riding Of Yorkshire (School Extension)

50.

asked the President of the Board of Agriculture whether, when he refused his consent to the enclosure of 368 square yards of the waste land of Sharlston Common for the purpose of extending the playground and conveniences of a public elementary school, he considered the educational needs of the case; whether he consulted the Board of Education or the local education authority of the West Riding; whether he is aware of the universal desire of the ratepayers of the parish, including those having commonable rights, that the school should be so extended; and whether his only objection was that the school in question happened to be a Church of England school?

I communicated to the Board of Education my decision in the case to which the hon. Member refers. I had no means of knowing whether the desire referred to in the latter part of the question was universal or not, but, even if it is held by the ratepayers and I was aware of it, I could not have allowed the present commoners to alienate common rights for the purposes proposed. My decision would have been the same no matter what denomination owned the school.

Is not the enlargement of a playground and the conveniences of a public elementary school a matter of public utility and public importance, and has not the enclosure of common land for public improvements been constantly sanctioned by the Board?

I cannot say what has been done in the past, but in this case I have published my decision, and I am not prepared to change it.

Will the right hon. Gentleman answer that part of the question which asks whether he has had any communication with the local education authorities of the West Riding?

That would not be my business. I communicated with the Board of Education, and the Board of Education have conducted any negotiations necessary.

Is it not a fact that the right hon. Gentleman is really taking a hand in the campaign of the West Biding Education Committee against Church schools? In view of the unsatisfactory nature of the right hon. Gentleman's reply, I will raise the question on the adjournment.

I think it is a most unjustifiable statement that the hon. Gentleman has just made. I am acting, as President of the Board of Agriculture, in safeguarding common rights.

Canadian Cattle (Importation)

51.

asked the President of the Board of Agriculture whether, at an early date, he contemplates taking steps to remove the embargo against Canadian cattle; and whether he will state what disease or diseases have occurred in Canada during the last two years which render such embargo justifiable?

There is nothing to prevent the importation of Canadian cattle into Great Britain at the present time, but under the provisions of the Diseases of Animals Acts they must be slaughtered at the port of landing. The Government do not contemplate legislation on the subject. According to information furnished by the Minister of Agriculture for the Dominion of Canada, the following diseases have occurred during the years 1911 and 1912: Glanders, dourine or maladie du coit, mange of horses and cattle, sheep scab, hog cholera, rabies, anthrax. Tuberculosis is general, and redwater prevails to some extent in British Columbia.

Does the Department of Agriculture consider that the diseases that the right hon. Gentleman has just quoted justify them in these restrictions?

The hon. Gentleman is under a misapprehension. The prohibition of the importation of Canadian store cattle is not the doing of the Board of Agriculture, it is the Act of this House.

Does not the right hon. Gentleman think he would be justified in doing something by way of relief?

Will the right hon. Gentleman consider the advisability of purchasing an island off the West Coast of Scotland, and employing it as a permanent quarantine station for Canadian cattle?

Board Of Agriculture (Secretary)

52.

asked the President of the Board of Agriculture if Sir Sydney Olivier will act also as Secretary of the Fisheries Branch of the Board of Agriculture and Fisheries; and, if so, if he has had any previous acquaintance with the subject and the difficult problems now under investigation by a committee of the Fisheries Department of the Board?

The answer to the first part of the question is in the affirmative. I do not know how far Sir Sydney Olivier is acquainted with the problems to which the hon. Member refers, but I have no doubt that his administrative experience and ability will enable him to use the recommendations of the Board's expert advisers to the best advantage.

Are retired Colonial Governors of advanced age capable of pursuing the arduous study of the problems that arise at the Board?

There are two misstatements in the hon. Gentleman's supplementary question. Sir Sydney Olivier is not a retired Colonial Governor—he is still in active service—and he is not of an advanced age.

Can the right hon. Gentleman tell the House whether the late Secretary of the Fisheries Board, Sir Thomas Elliott, had any experience of fishery problems when he was appointed by a Unionist Ministry?

I would like to have notice of that; but my recollection is that Sir Thomas Elliott was private secretary to the right hon. Gentleman who is now a Member of this House before he took up his duties at the Board of Agriculture.

59.

asked when Sir Sydney Olivier will take up his duties as Permanent Secretary of the Board; and whether, for a time after doing so, he will enjoy the benefit of the guidance and long experience of the present Secretary, Sir Thomas Elliott?

Sir Sydney Olivier will take up his duties as Permanent Secretary of the Board on 4th February next. From my knowledge of Sir Thomas Elliott I have no doubt that he will be glad at any time to give to his successor the benefit of his experience.

Does the right hon. Gentleman think Sir Sydney Olivier's knowledge of Socialism will be of any advantage to the Board of Agriculture?

Foot-And-Mouth Disease

53.

asked the President of the Board of Agriculture if he has seen a resolution passed by the Wexford Committee of Agriculture and Technical Instruction, expresing an opinion that the twelve hours' detention period in the case of Irish cattle exported to England is ruinous to the Irish cattle trade; and what action does he propose to take in the matter?

The answer to the first part of the question is in the affirmative. I am convinced that there is no ground for the alarm expressed in the resolution to which the hon. Member refers, and I do not propose to take any action in regard to it.

Is the right hon. Gentleman aware that a similar resolution has been passed by almost every public body in Ireland that has any connection with the cattle trade?

56.

asked the President of the Board of Agriculture whether he is now prepared to permit the resumption of hay and straw shipments from Ireland?

58.

asked the President of the Board of Agriculture whether, as the result of the inquiries he has made of the harbour authorities and the railway company at Barrow-in-Furness, there is any prospect of that port being used in the future for the importation of cattle from Ireland?

Yes, Sir; plans have been approved by the Board, and I am informed that the work will be put in hand at once, with a view to the inclusion of Barrow-in-Furness at the earliest possible date in the list of British ports at which Irish stock may be landed.

60.

asked the President of the Board of Agriculture how long he intends to keep in force the present Order requiring a twelve hours' detention of Irish cattle at the port of debarkation; and whether, in view of the dislocation of trade thereby caused, with consequent expense to the English consumer, he can see his way to substitute a system of inspection of the cattle before shipment by veterinary surgeons appointed by his Board?

The temporary Orders now in operation regulating the importation of Irish cattle into Great Britain will be replaced at an early date by a permanent Order requiring that the animals shall be detained at the landing places for a period of twelve hours in order that they may be inspected, rested, fed, and watered before proceeding to their destinations. These objects, to which the Board attach great importance, could not be attained by the arrangement suggested by my hon. Friend.

How many Members of this House of any party have pressed the right hon. Gentleman in favour of this restriction?

Is the right hon. Gentleman aware of the decision of the Glasgow Corporation in reference to the wharf, and has he heard that the profitable sale of cattle imported from Ireland is practically stopped owing to the regulation?

I am afraid I cannot accept the statement of my hon. Friend, and I should require to have notice.

May I ask what force of public opinion in this House the right hon. Gentleman claims is behind him in insisting upon these restrictions?

Can the right hon. Gentleman give the names of any farmers or dealers in Ireland who have expressed an opinion in favour of twelve hours' detention?

No, Sir; but my duty-is to protect Great Britain from the risk of infection being brought into this country, and I must do that so long as I am in my present position.

Will the House have an opportunity of seeing the permanent Order before it is enforced?

The permanent Order has been fully described in this House at least a dozen times by myself, and I do not think it is necessary to have any further discussion upon it.

Is the right hon. Gentleman not aware that the opposition to this Order is almost as strong in many counties in Scotland as it is universal throughout Ireland?

No, Sir. I am not aware of that. There is great variety of opinion I know, but I cannot accept every figure put forward as accurate.

I desire to ask the President of the Board of Agriculture a question of which I have given him private notice, whether, in view of the serious complaints made by many persons on both sides of the Channel engaged in the live stock industry, more especially regarding store cattle and pigs, and as Ireland is now practically free from disease, he will relax and modify the existing Order so as to permit greater freedom of movement for the purposes of grazing and slaughter and enabling quicker sale and transit?

:I understand that the complaints to which the hon. Member refers are directed against the provision in the Order now in operation requiring that animals imported from Ireland shall be moved, after detention for twelve hours at the landing place, direct to their final destinations, where they must be kept under supervision for a further period of twenty-one days. I recognise that this requirement necessarily causes inconvenience, but it is a purely temporary precaution, which I hope to be able to dispense with at an early date.

Can the right hon. Gentleman give the House any idea when he will be able to modify this extraordinary Regulation?

I hope I maybe able to get rid of the twenty-one days' detention, if nothing happens, in about a fortnight.

Will the right hon. Gentleman say why the twenty-one days' detention after the twelve hours' quarantine is still existing in connection with cattle from Munster or Connaught, where no disease of any kind has appeared for the last thirty years, and why should cattle from those two counties be penalised?

As I have frequently explained, the twenty-one days is twenty-one days' detention and isolation to prevent the animals being mixed up with other animals. This has caused very little inconvenience and a large number of farmers have found it no inconvenience whatever.

Why should cattle from Munster or Connaught be detained for inspection when there is no disease of any kind in either of those two provinces?

Yes, they should be detained, because some of them have to pass through other counties.

Would it not be possible for the right hon. Gentleman to shorten the time he has fixed for the operation of this Order, having regard to the fact that for some weeks past there has not been a vestige of this disease in Ireland?

Is the right hon. Gentleman aware that the restrictions on the exportation of stores for market purposes in England from the province of Ulster is having a paralysing effect upon the trade?

I am afraid the hon. Member has not got accurate information. A large number of store cattle have already come from Ulster, and have gone to firms principally in Scotland. So far from the trade being paralysed, a very large number of animals are allowed to go through.

Will the right hon. Gentleman cause inquiries to be made from those engaged in the trade, because trade in store cattle is being paralysed?

I do not know where the hon. Member has obtained his information. I have been getting information from many sources, and I have had the evidence and figures of the traffic before me. I cannot agree that the trade is paralysed, although it is impeded.

Any further questions on this subject had better be put down on the Paper.

Land Valuation

54.

asked the President of the Board of Agriculture whether, in connection with the land valuation necessitated by the Budget of 1909, a new Ordnance survey is being made; and, if so, what is the estimated cost of such survey?

Winterbourne Zelstone Estate

55.

asked the President of the Board of Agriculture if vouchers or other proof of expenditure said to have been incurred by the Dorset County Council for adaptations on the Winterbourne Zelstone estate have been submitted to his Department or to any public authority other than the said county council; if such vouchers or proofs have been submitted to the small holders who have been called upon to pay for such adaptations; and will he say whether the Board of Agriculture ordered the production to the small holders of such vouchers or proofs, and, if so, why this has not been done?

A county council is not required to submit to the Board vouchers for their expenditure, and the Board have not asked to inspect the vouchers in the case of the work done at Winterbourne Zelstone. The vouchers have been submitted to the Local Government Board auditor, who has just completed the audit for the year ended 31st March, 1912. The Board have not ordered the production of the vouchers to the small holders, but I may point out that public notice of the audit is given in the Press, together with an announcement that the vouchers, etc., are open to inspection by all persons interested for seven clear days before the audit.

How are these small holders to have any proof that the money has actually been spent?

The proof is that the matter was before the Local Government Board auditor.

How far have these small holders to go to find these things, out—that the money has been spent?

Before the audit the vouchers are open for the inspection of any ratepayer.

Is it a fact that £3,500 that has been spent in the cost of these applicatons is put on to the rents'?

Swine Fever

57.

asked whether, in view of the steady increase in the number of outbreaks of swine fever from 1,650 in 1909 to 2,920 in 1912, the increasing expenditure of public money involved in the administration of the present Swine Fever Orders, and the payment of compensation there under, and the impossibility of the final Report of the Departmental Committee on Swine Fever being issued for at least two years, he will consider the advisability of adopting interim administrative methods of a less drastic and expensive character pending the issue of the above Report?

I would refer the hon. Member to my answer to his similar question on the 5th December. I do not know on what he bases his assumption that the final Report of the Departmental Committee on Swine Fever cannot be issued for at least two years; I am informed that there is no probability that so long a time will elapse before the Report is issued. But at the next meeting of the Committee, which is to take place this week, the question of making changes in the existing administrative methods of dealing with swine fever will be considered.

Would the right hon. Gentleman ascertain from the Committee how long it will be until their final Report is issued?

Land Purchase (Ireland)

65.

asked whether in thousands of sales under the Irish Land Purchase Acts, many of which were effected from one to two years ago, the vesting orders or certificates which should have been registered in the local registration of title offices forthwith have not yet been registered owing to the inadequacy of the staff both at the local and central offices; whether the registration of charges and ordinary transfers on sales are also greatly in arrear for the same reason; whether, owing to the loss and inconvenience caused by these delays, representations were made by the Lord Chancellor of Ireland and others to have the staffs increased; and whether steps will soon be taken to increase the staffs?

Considerable additions have recently been made to the staff of the Land Registry, and new accommodation is in course of erection. Such arrears as existed have in consequence been very considerably decreased and will, I hope, in the near future be entirely overtaken.

Is the hon. Gentleman aware that that is not confined to the central offices, but exists at local offices in counties as well?

Yes, Sir; but an increase of about thirty-seven of staff was made in one place alone.

Nickel-Bronze Coins

66.

asked whether there have been issued to the end of 1910 in the British Empire 165,744,509 nickel-bronze coins; and whether he will cause inquiry to be made in the various Colonies in which they have currency with a view to deter mining the advantages of nickel-bronze as a metal for coinage issues of a low value?

The nickel-bronze coins to which the hon. Member refers were mostly struck for India, East Africa, and Nigeria. In view of the very different circumstances prevailing in this country my right hon. Friend does not think that any information which would be useful in connection with coinages for the United Kingdom could be derived from an inquiry of the kind suggested. I may perhaps refer the hon. Member to the answer given him on the 9th December last on this subject.

Stroud Woman's Death

69.

asked the Secretary of State for the Home Department whether he will make inquiry into the cause of delay in the burial of Mrs. Hale, of the Stroud, Calne, Wiltshire, who died somewhat suddenly on the 27th December; whether he is aware that the doctor notified the coroner's office of the death on the 27th December; that no reply was received from the coroner on the 27th, 28th, 29th, or 30th December; that on the 30th December the police telegraphed the coroner, who replied saying he should not hold an inquest; and, having regard to the fact that meanwhile mortification had set in, and the relatives of the deceased were caused pain and inconvenience he will call upon the coroner for a full explanation?

My right hon. Friend learns from the coroner that he only received notice of this death on the 28th December—a Saturday—in a communication which disclosed no ground for holding an inquest, and he telegraphed on Monday, the 30th, in reply to a definite inquiry, that no inquest was necessary. It does not appear that any delay in the burial of the deceased that may have occurred can reasonably be attributed to negligence on his part. The Secretary of State has no authority in the matter.

Main Roads (Expenditure)

71.

asked the Secretary of State if he will grant the Return standing in the name of the hon. Member for North Dorset showing the amount expended on main roads by each county in England, Scotland, and Wales, in each year from 1900 to 1912?

The information required by the hon. Baronet as regards England and Wales will be found in the Local Taxation Returns, Part II., down to the year 1910-11, which is the latest published. Similar information as regards Scotland is given for the same years in the Scottish Local Taxation Returns, No. 4, Part III., under the heading, "Roads and Bridges." In these circumstances a special Return appears to be unnecessary.

Labour Exchanges (Statistics)

72.

asked the President of the Board of Trade the number of applications made to the Labour Exchanges during the year 1912; for how many of these applicants work was found; what was the proportion of casual to permanent work; what proportion of applicants were found work in Government works; and what was the number of applicants remaining at the Labour Exchange registers (general and casual) at the 29th December, 1912?

A complete Return of the work of the Labour Exchanges during 1912 is not yet available. The uncorrected Returns, however, show that the total number of applications received on the general register during the year was 2,360,343. The number of vacancies filled on the general register was 784,459, of which 160,853 were engagements for less than a week's work. Of the total number of vacancies filled, 38,920 were connected with the Christmas work of the Post Office, and of these 28,265 were for less than a week. It is not otherwise possible to distinguish vacancies filled in Government employment. In addition to the vacancies on the general register, 258,620 casual jobs were found for workpeople on the casual registers of the Exchanges. The numbers of applicants remaining on the general and casual registers of the Exchanges on 27th December were 55,098 and 4,589, respectively. The complete figures will be publishd in the "Board of Trade Labour Gazette," issued on 16th February.

Seeing the very large amount of public money spent on Labour Exchanges, can the hon. Gentleman say how it comes about that 85,000 persons still remain upon the books without employment?

Australian And Canadian Immigration

73.

asked if the right hon. Gentleman can give the figures showing the total Australian and Canadian immigration, respectively, for 1910 and 1911, and specify what proportion of this immigration was British?

Canadian official statistics for the years ended 31st March, 1911, and 31st March, 1912, show 311,084 immigrants into the Dominion in the former year, 354,237 in the latter. Of these totals, 123,013 and 138,121, espectively, were described as British—i.e., English, Welsh, Scotch, or Irish. Australian official statistics do not show the numbers of immigrants separately from those of other passengers arriving at or departing from Australian ports. The excess of passengers arriving over passengers departing was 37,547 in 1910 and 77,703 in 1911. The excess of arrivals over departures among passengers described as British was 34,556 in 1910 and 72,327 in 1911. The passengers described as British are not, in this case, limited to natives of Great Britain or Ireland.

Is the House to understand that of the immigrants going into Canada by far the larger proportion are foreigners and not of British origin?

Motor Cars (Importation)

74.

asked if the right hon. Gentleman's attention has been called to the increase in the value of the imports into this country of motor cars, chassis, and parts of motor cars during the past year from £5,990,000 to £7,145,000; and if he can state what is the class or nature of the parts of motor cars imported which have increased so greatly, and if he can give any explanation of this increase?

These imports have increased to the extent stated by the hon. Member and nearly the whole of the increase has been in the imports of parts of motor cars. There is at present no official information available with regard to the nature of the parts in respect of which this increase has occurred. In view, however, of the growing magnitude of the figures, motor tyres, which have hitherto been included and formed a large element in the value of imported motor parts, are being separately distinguished in the Official Returns which will be published for the current year.

Artillery Range (Salisbury Plain)

75.

asked the President of the Local Government Board, with reference to the lands consisting of about 4,847 acres on Salisbury Plain, recently purchased for the purpose of an Artillery range and for which the War Office had to pay £115,163, if he can now say what was being taken as the annual value for rating of these lands at the date of that purchase?

I have made some inquiries in this matter, and I do not find it possible to say what was the annual value for rating purposes of the lands referred to, which are situated in various parishes and unions. I understand that the lands taken in many cases comprised portions of hereditaments, which portions were not separately rated.

Can the right hon. Gentleman give me any information on the subject?

I shall be pleased to let the hon. Member see the communications which have passed between the local authorities and the Local Government Board if he desires to see them.

Royal Navy

Exgine Room Artificer

76.

asked the First Lord of the Admiralty whether, in the event of an engine-room artificer qualifying for the right to nominate his son for entry as a boy artificer, that right would be extended to a guardian in the case of the father's death?

Certain flag officers are allowed to recommend a limited number of candidates with service claims for nomination by the Admiralty after a qualifying examination. The son of an engine-room artificer would be eligible for such a recommendation, and in the event of the father's death, it would be open to the boy's guardian to apply for it.

Quartermaster-Sergeant Stickney

77.

asked the Post master-General if Staff Quartermaster-Sergeant Stickney, who has been rejected for a Post Office situation on the alleged grounds of ill-health, was examined by a Post Office medical officer, or if he was rejected by the chief medical officer to the Post Office solely on the particulars furnished by the War Office; and, in view of Mr. Stickney's treatment by the War Office because he claimed his rights under the Vaccination Acts, will he have him personally examined by a Post Office medical officer?

Mr. Stickney's Army medical history was reviewed by the chief medical officer to the Post Office, in whose opinion it left no room for doubt as to his unsuitability for the position of established postman. I do not think that there is any ground for a medical examination.

Is it not a fact that since this man left the Army he has been examined by three independent medical men who have certified him as suitable; and further whether the right hon. Gentleman is aware that this man was persecuted in the Army because he claimed exemption under the Vaccination Act; and is he aware that the bona fides of the reports of these medical men have not been challenged?

As to the bona pries of these medical reports, the question should be addressed to the Secretary of State for War. I have no knowledge of this man's history whilst in the Army, but I accepted the chief medical officer's opinion as to his unsuitability for the position of established postman. The chief medical officer formed his opinion upon this man's history in the Army, which showed he had had a recurrence of various diseases which, in the opinion of the medical officer, rendered him un-suited for the work of a postman.

Did the chief medical officer of the Post Office examine thi3 man himself?

No. I understand he had the records before him, extending over a number of years, showing the ailments this man had had.

No. Disease might not be apparent. It might be a recurring disease.

Orders Of The Day

Business Of The House

May I now ask the Prime Minister to state when the recommendation of the Committee with regard to the hon. Baronet the Member for the Whitechapel Division will be discussed?

It will be put down for discussion without delay. As it will represent the unanimous and considered opinion of the Committee, I trust it will be found possible for the House to adopt it without anything in the nature of a long or contentious discussion. It is proposed to take it one evening shortly after the 10.30 Division.

I think that will be very unreasonable in view of the importance of the question, although I hope no very long discussion will be necessary in regard to it.

Of course I will take what the right hon. Gentleman says into account, but, as I understand the matter, it represents the unanimous decision of the Committee.

Bowles V Bank Of England

Law Officers (Opinions)

Perhaps, Sir, you will allow mo now to ask you the question on a point of Order which I raised during Question Time with reference to question No. 36, and which certainly contains the suggestion that the Minister should state if he had asked the opinion of Law Officers of the Crown, and what that opinion was. It has been held again and again that Ministers of the Crown and they alone are responsible for their action and even for the legality of it. It has been held that the opinion of the Law Officers of the Crown is absolutely confidential. We cannot interrogate Ministers of the Crown about them. It has been held still further that, although the salaries of the Law Officers of the Crown are fixed by this House, we cannot impugn their opinions given to Ministers of the Crown on any point whatever. I would prefer it if their opinions were published, as they are regularly in America, if we were able to interrogate them upon them, and if they were allowed to accept responsibility for their opinions; but I understand the rule is that the Law Officers of the Crown cannot be interrogated as to their opinions, and that Ministers of the Crown cannot in the least degree shift their responsibility by accepting the opinion of the Law Officers of the Crown on any matter whatever.

On the point of Order. With reference to the question I put on the Paper, may I call attention to the fact that the question does not in the least ask what was the opinion of the Law Officers of the Crown. If a Member thinks a Government Department is acting unreasonably in either resisting or instigating litigation and is wasting a great deal of public money, and if he desires to exercise his right of controlling finance, has he not a right to ask the Minister of the Crown whether before he pursued a certain course he obtained any opinion whatever that he had a reasonable chance of success?

I do not think there is any objection to the question as it appears on the Paper. Of course, the rule is as stated by the hon. Member for South Donegal (Mr. Swift MacNeill). The Law Officers of the Crown cannot be called upon to state what was in their opinion; neither can a Minister be called upon to state what was in the opinion of the Law Officers of the Crown. There is no objection, however, to asking a Minister whether on a particular occasion he did take the opinion of the Law Officers of the Crown, and that is frequently done.

Established Church (Wales) Bill

Further considered in Committee.

Eleventh Allotted Day—Progress, 10Th January

[Mr. WHITLEY in the Chair.]

Clause 15—(Provisions As To Tithe Bent-Charge)

(1) There shall be paid to each person who has any existing interest in any tithe rent-charge transferred to a county council under this Act, in substitution for and in satisfaction of that interest, and so long as that interest would otherwise have continued, the annual amount, according to the septennial average, of that tithe rent-charge, after deducting such sum as may be allowed by the Welsh Commissioners for cost of collection, rates, and other outgoings.

(2) The amount so payable shall be paid by the county council to the representative body upon trust to pay over the same to the person who had such an existing interest as aforesaid, and the amount so payable by the county council shall be a debt from the council to the representative body, and a charge on the county fund.

(3) A county council and the representative body shall as respects any tithe rent-charge transferred to them under this Act which was previously attached to a benefice, be deemed to be the owner of tithe rent-charge attached to a benefice for the purposes of the Tithe Rent-charge Rates Act, 1899, so long as the holder of the benefice continues to be entitled to the emoluments of the benefice, but no longer.

The first Amendment I propose to call is that standing in the name of the hon. and learned Member for South Bucks (Sir A. Cripps); the second is the one next following on the Paper in the name of the hon. Member for Salford (Mr. Montague Barlow); and the third is one standing in the name of the hon. Member for the Newbury Division (Mr. Mount).

I have an Amendment on the Paper, the object of which is to try and. raise a question of some importance, if I might submit it to you?

The Noble Lord is hardly entitled to set forth his Amendment except on the application of the Chairman.

Then may I ask you, Sir, whether you have considered the effect of the words "in substitution for and in satisfaction of that interest and," which appear in this Clause, and whether you would allow me to explain why I submit some Amendment should be moved in order to raise points of great importance with reference to the consideration of this Clause and Clause 18?

The Noble Lord's Amendment only appeared on the Paper this morning, but, after giving it such consideration as I had been able to do, it is not one of those which I think it my duty to select.

I beg to move, in Sub-section (1), to leave out the words "according to the septennial average."

I want to know what the Bill means as it stands. The Home Secretary has inserted in the Bill these words "according to the septennial average." If he merely means the annual amount of the tithe rent-charge, of course it is ascertained according to the septennial average, but, if he intends these words to mean another form of septennial average, then of course they ought not to be inserted. In the one case they are unnecessary, and in the other they ought not to be inserted at all. Perhaps the Home Secretary will tell me the purpose and object of the words.

I am not sure I quite understand the point put forward by the hon. and learned Member. One, of course, appreciates his statement that the amount of the tithe rent-charge is always reckoned upon the septennial average. If his point would be met by inserting after the words "according to the septennial average" the words "for the time being," it would have no effect upon the Bill, and I would agree to accept those words.

I think it would meet my point. The words then would be merely surplusage, but they would meet the point. I was afraid the words in the Clause might refer to another septennial average.

Amendment, by leave, withdrawn.

I beg to move, in Subsection (1) after the word "average"["according to the septennial average"], to insert the words "for the time being."

Question, "That those words be there inserted," put, and agreed to.

I beg to move, in Sub-section (1), to leave out the words "such sum as may be allowed by the Welsh Commissioners for cost of collection, rates, and other outgoings," and to insert instead thereof the words "all rates, taxes, and charges assessed upon and payable out of such tithe rent-charge."

4.0p.m.

This Amendment, in my view, is one of great importance, and I want to make my point quite clear to the Committee. As the Bill stands, the amount to be deducted from the tithe rent-charge, in its net form, is a sum to be allowed by the Welsh Commissioners in respect of the cost of collection and other matters. My first objection is that the amount to be deducted ought not to depend upon the decision of the Welsh Commissioners. I do not want to make any attack on those gentlemen. We do not know who they are to be. But we are dealing here with a matter of property and the deduction to be made ought not to be a deduction such as the Welsh Commissioners may allow, but it ought to be the actual deductions which are, in fact, being made from the tithe rent-charge under existing conditions and having regard to existing liabilities. I will explain to the Committee in a moment why I have put my Amendment in this form. Surely it must be wrong, when ascertaining the amount to be paid over as commutation for tithe rent-charge, that, instead of deducting the actual charges which would have been paid if that rent-charge was still being paid, you were to substitute some other deductions allowed by or at the discretion of the Welsh Commissioners. I think that must be wrong. The words of my Amendment are taken from the Irish Act; they are taken verbatim, and in order that I may make my point clear the deductions under my Amendment would be—

"all rates, taxes and charges assessed upon and payable out of such tithe rent-charge."

These words are taken from the Irish Act; they arc words which were not included as charges which, at the present time, are made against the tithe rent-charge, and which have to be deducted from the tithe rent-charge before you come to the net amount. When you come to the net amount, it is that net amount which has to be paid to the person at the present time entitled to the existing tithe rent-charge. We all know what these charges are. There is the Poor Rate, the Land Tax, the Highway Rate, and the Property Tax, and there are no other charges which ought to be deducted except those which would be assessed in the ordinary way, and would be ascertained by the various rating authorities. They are not meant to be ascertained by the Welsh Commissioners, but by the existing rating authority, who will make an assessment of the charges on the tithe rent-charge, and then you will get the actual amount which ought to be levied on the tithe rent charge deducted on that basis. Surely that is the true way of approaching this question. The only point which is omitted in my Amendment is that there is no amount allowed for the charge of collection. But how can that be ascertained by the Welsh Commissioners'! As regards the matter of collection in a large number of cases at the present time, the owner of the tithe rent- charge, who is the incumbent, collects it himself. That is particularly so in the case of the poorer owners, and it is extremely important to them that they should get every farthing they can out of the produce of the tithe rent-charge. It may be in some cases, indeed I know there is a charge for collecting, but, surely, under these circumstances that is not an amount that will have to be paid. You seek to make a charge of this kind against existing owners of the tithe rent-charge, but, probably, at the present time, he is not subject to any such deduction at all, and if it is subject to that deduction it is probably a mere nominal amount. I appeal strongly to the Home Secretary not, in a case of this kind, to bring in the Welsh Commissioners in any sense as the deciding authority, but to take the actual rates, taxes, and charges which are assessed by the local authority, and let them be deducted, and thus come to the proper net sum. I think I may appeal to the Home Secretary to tell us why there should be a difference drawn between the Welsh and the Irish cases. Why introduce an allowance by the Welsh Commissioners, when the amount of rates, charges and taxes can be actually deducted according to the assessment made by the rating' and local authorities. I do not think this is a calculation that comes into the general question of tithe rent-charge. This question of tithe rent-charge, apart from any question as to its origin, has always been dealt with as though it were a land interest. Ever since the time of Queen Elizabeth, with regard to the poor rate, and as regards rates imposed by other rating authorities, right down to the present day, it has always been looked upon as land in regard to which certain deductions have to be made for rates and other charges. The Home Secretary appears to take a different view. We are not now dealing with the income derived from other sources. We are dealing with a land income which is subject to certain specified charges and to no other. What can be the objection of the Home Secretary to my proposal? I suggest the deducting of all rates, taxes and charges assessed upon and payable out of such tithe rent-charge. That may be a comparatively small point, but it may cause a great deal of friction and trouble as regards the poor tithe owners, because it may put upon them a new form of burden which they do not understand, and which is to be assessable by a body, the constitution of which we do not know at the present time. I appeal to hon. Members opposite that this is not one of the exciting points in the Bill. It is a business point, which, if adjusted properly, might do much to smooth the way in regard to some of the difficulties we have to discuss. I beg, therefore, to move the insertion of these words.

I would put it to the hon. and learned Gentleman, that, for the moment, he might suppose that the Commissioners are to be an independent and trustworthy body. I admit that hon. Members do not know the nature of the body they are being called upon to trust, but let us argue, for the purposes of this Amendment, upon the basis that those Commissioners will be perfectly trustworthy persons. What will this Clause do? It provides that a deduction shall be made from the amount of the tithe rent-charge in respect of the cost of collection of that charge, and of rates and other outgoings; and the Commissioners are to determine, those Commissioners presumably being a fair body, what is the proper allowance to deduct in respect of such collection. The hon. and learned Gentleman says that in some cases, and particularly in the cases of the poorer incumbent, they are in the habit of collecting it themselves, and there is no cost, therefore, of collection. In other cases he admits that there is such a cost, and that is why there is a provision in the Bill to leave to this body of trustworthy persons—the Welsh Commissioners—the determination as to how much should be charged in each particular case. We cannot say that nothing ought to be charged, because in many cases it is a charge which has to be borne in mind, but we do think that somebody ought to be left in authority, somebody who may be trusted, to say whether there has been any charge incurred, and what is a reasonable amount to fix for that charge. That is really the only point of substance in the case which the hon. and learned Gentleman has raised. With regard to his other point, the Bill as it stands is more favourable to the incumbent than his Amendment would be. We charge upon the incumbent the rates and other outgoings, and I think the hon. and learned Gentleman will agree that the other outgoings should be construed as being outgoings in ejusdem generis. will take an out going which cannot be -charged under the Bill, but which would be chargeable under the hon. Member's Amendment. Take the case of irrecoverable tithes. In the case of this Amendment, allowance would have to be made for irrecoverable tithe.

My words are "all rates, taxes, and charges assessed upon and payable out of such tithe rent charge." They are the narrowest words possible.

I thought the hon. Member moved the Amendment Which stood in the name of the hon. Member for South Salford (Mr. Montague Barlow).

No; I said I moved the Amendment in the form in which I had put it down, and that I had taken the words from the Irish Act itself.

Then I withdraw that observation. I think the hon. and learned Member will agree with me that the balance of the argument is in favour of the Clause as it stands. There is an appeal from the Commissioners, if they do not decide properly what is the right amount to be deducted for rates and similar outgoings. There is an appeal from them to the Privy Council. But under the hon. and learned Gentleman's proposal every point can be brought up separately and immediately before the Courts of Law. I think, on the whole, it is more desirable that these matters should, in the first place, be settled by the Commissioners, who, I would submit, might really be trusted to deal fairly in every case with due regard to the interests of the existing incumbent. For these reasons I ask the hon. and learned Gentleman not to press his Amendment. Except with regard to the cost of collection, I really cannot think that his Amendment would be in favour of the incumbent, and in regard to that particular point we really cannot admit that in those cases where the cost is now borne by the incumbent—the usual charge being 5 per cent.—he should be relieved of that charge in the future.

May I make my point quite clear to the Committee? Of course, so far as the appeal to the Privy Council is concerned, that is a hopeless remedy as regards the ordinary incumbent. To appeal about a small sum and to spend hundreds of pounds in so doing would be really absurd. I want to put in words which would take away all possibility of any question of appeal, and the object of my appeal and the object of my Amendment is to provide that you shall take the actual rates, charges, and taxes assessed upon and payable out of such tithe-rent charge, as they stand in the rate book, and that you shall deduct them and thus ascertain the amount. Is not that fair as regards a poor incumbent, who does not care anything about the decision of the Welsh Commissioners? If that decision is wrong, the appeal is practically useless. If the sum is properly assessed, in the rate book or otherwise, you have a properly ascertained figure, and no question can arise. You deduct it in the easiest form, and there is no question of legal procedure. I ask the Home Secretary whether he does not think that in a case of this kind you ought not to leave open a matter which may possibly go to the Privy Council, but ought to have it determined on actual facts as they are, with regard to which there can be no question.

Do I understand that the hon. and learned Member gives up his point with regard to the cost of collection?

Then, of course, we differ upon a substantial point. If the hon. and learned Member gave up that point, I should be quite willing to consider his words from the other aspect.

I should like to ask the hon. and learned Member (Sir A. Cripps) whether the words he uses in this Amendment cover all the possible outgoings or deductions from tithe rent-charge, apart from the cost of collection? The words he uses are—

"all rates, taxes, and charges assessed upon and payable out of such tithe rent-charge."

I understand him to say that he has, for the reasons he has explained, made his Amendment as narrow as possible. The hon. and learned Member said, and I quite agree with him, that for a great many years tithe or tithe rent-charge has been treated as a land income. If it is to be treated as a land income, and the incumbent is the owner of a freehold interest, as he is, in that land income, is it not possible that there may be charges—I do not say in every parish, but in some parishes. either by custom or otherwise, imposed upon this land income? I am not. at present prepared to say exactly what the rights of an incumbent are in regard to the leasing of tithe rent-charge, but may it not be that the incumbent, as the owner for life of a land interest, has imposed some burden upon the income? I should like to know from the hon. and learned Gentleman whether he is perfectly clear that there may not be outgoings from the tithe rent-charge which have nothing to do with the cost of collection, but which are not included in the term "rates, taxes, and charges." I am not prepared at the present moment to say that there may not be outgoings of another character, and I assume that it is because of the possibility of such other deductions from what the hon. and learned Gentleman has called the land income having to be made, that I think the Bill as drafted is perfectly fair, because it uses words as to which there can be no possibility of mistake. The words in the Clause are—

"all other outgoings."

That, of course, means outgoings to which the owner at the time of the passing of the Bill is liable in law.

That was not the Home Secretary's view. He said outgoings which were of the same character as rates.

I do not want to raise a legal question between the hon. and learned Member and myself. It is possible that the doctrine of the words ejusdem generis might not be adopted by Commissioners or by the Privy Council, or by the Court of Law before whom the question might come. I do not think there is any question between the hon. and learned Member and myself about this, but I am not at all sure that his words, even according to his own principle, are not too narrow. There may be outgoings to which the owner of this land income may be liable at law which are not covered by the words of his Amendment. With regard to the cost of collection, he has clearly not met our point. I do not think, having regard to the Clause as a whole and to the arrangements contained in the Bill, that it is fair to say that the cost of collection of this tithe rent-charge should be placed wholly upon the county council. If that be so, I do not know in what better way the matter can be ascertained than by going to the Welsh Commissioners. I said the other day upon another Amendment that these Commissioners will be in the position of judges, and if you look at the preceding Clauses of the Bill, you will see that the Commissioners, to all intents and purposes, form a Court of Record. I can see no fairer way of determining what ought to be allowed for the cost of collection than by giving the decision to the Commissioners. Even taking the words of the hon. and learned Gentleman, may I point out that questions may continually be arising? Supposing the owner of a tithe rent-charge at the present moment may be in a position to dispute the validity of the rate, or that some question arises under the Tithe Rent-Charge Act, 1888, which gives considerable relief to incumbents, in all the circumstances by what tribunal could any such question be determined better than by the Welsh Commissioners'! Upon the whole, though I have no desire in the least to press hardly upon any incumbent in regard to this matter, I think the words of the Bill are quite as favourable to the incumbent as the words proposed by the hon. and learned Member.

The last observations of the right hon. Gentleman opposite (Sir D. Brynmor Jones) bring us up against the point that we on this side do not trust the Welsh Commissioners. We do not know who they are to be. We have not been told. They may be a body exceedingly hostile to the Church, and we do not accept them, as we do not know their names, and possibly we should not if we did know their names, as a body to whom a really important matter of this sort ought to be referred for decision.

My emphasis was on judicial character of the Welsh Commissioners. I said that they formed a Court of Record. If that is the case, if they do misbehave themselves, either by writ of certiorari or in some other way, their proceedings can be questioned in the High Court of Justice.

That is a legal point. Putting aside legal technicalities, the right hon. Gentleman must see that the question as to what is to be taken from the incumbent for the cost of collection is to be referred to a tribunal the composition of which we do not know. We object to that point being left to their free discretion. If the Government had told us who the Commissioners were to be, the position might be different. There is a great deal in what my hon. and learned Friend (Sir A. Cripps) said that in a great many cases the poor Welsh clergy collect their own tithes. There is no cost of collection, so that if the Welsh Commissioners were to lay down that a certain proportion of tithe, some small figure, no doubt, is to be taken on the average as the cost of collection, it would be very hard on those particular clergymen who, before the passing of the Bill, had been in the habit of collecting their own tithe, and from whom no deduction was possible. The right hon. Gentleman opposite (Sir D. Brynmor Jones) suggested that the words proposed by my hon. and learned Friend were too narrow, and possibly did not specify all the outgoings which exist at the present time. He suggested that there might be some charges on the tithe that had been created by the existing clergy. If these charges have been created by the clergy, surely they would remain a charge on the income paid to the clergy in substitution for the tithe rent-charge. In that case, it would be most unfair to deduct such a charge in advance. If that were done, the possibility is that the charge would be deducted twice over—first of all in advance by the Welsh Commissioners, or rather by the county council, as allowed by the Commissioners, and, secondly, the clergyman may have to pay it as a charge on his income. I do not think any such charges as the right hon. Gentleman suggests would arise under this Clause. They would be a charge on the income transferred to the incumbent in view of the tithe.

All we have to look to are those particular outgoings, which are a legal charge upon tithe rent-charge at the present moment. I am not a lawyer, and I do not pretend to say whether the Amendment of my hon. and learned Friend is comprehensive in its catalogue. I should have thought it was, because I can conceive of nothing else, apart from the cost of collection, which we are not at all willing to leave in the hands of the Commissioners, which is a legal charge on tithe rent-charge at the present moment. If that is so, why should we leave this great power of making a deduction for unspecified things, like the cost of collection, in the hands of the Welsh Commissioners? I would appeal to hon. Members opposite who represent Welsh constituencies. They are always professing that they do not want under this Bill to do any damage to the Church, yet whenever a concession, however small it may be—this, although important, is a small point—is asked for from this side of the House, we find they are always absolutely adamant in their resistance, which is a position entirely inconsistent with their general professions, both in this House and in the country. I do not think that any possible harm can accrue or that any county council would be damaged if the words of my hon. and learned Friend were accepted, whereas they might prevent serious injustice being done to the poorest of the clergy, who may have considerable sums deducted for the cost of collection and other outgoings, which is a very vague term indeed. I earnestly hope that the Government may give way on this somewhat small Amendment.

The proposal of the Mover of the Amendment is that in future the cost of collection shall not be taken into account. It is seldom that the cost of collection of tithe in Wales at present is less than 5 per cent. Owing to the very large number of owners of property, from whom the sum actually received varies from a shilling to a few pounds, and owing to the difficulty which often arises owing to the settlement of estates, the cost of collection of tithe in Wales at present is exceedingly heavy. More than that, the right of distress has gone, and in substitution for it there is now only recourse to the County Court. It has been suggested that the refusal of this concession would be mean and petty, and I think the hon. Gentleman (Sir A. Griffith-Boscawen) said it was a very small concession. But is it small? If the cost of collection is 5 per cent., it means a sum of at least £6,000 a year to the clergy of Wales, and I have yet to understand that an annual sum of £6,000 a year, capitalised by twelve years' purchase, is a small sum in any way. I know from experience that the cost of collection of tithe at present is certainly not less than 5 per cent., and what the hon. and learned Gentleman proposes really is that, as a further concession to the Church, for which I am quite sure we shall have no gratitude, we shall make a present of at least another £60,000. Under commutation it will mean, of course, at least £60,000. The real importance of the Amendment comes in under the question of commutation. If the proposal which was made last Friday for commutation of the tithe is to be accepted by the other side, and, so far as I understand, there is no evidence that they are likely to accept it—[HoN. MEMBERS: "Oh, oh!"] I think the hon. and learned Gentleman and most of his colleagues very carefully indeed decided last Friday that they would not bind themselves by the proposal which was made from this side of the House.

May I ask the hon. Gentleman whether, on behalf of the Church in Wales, he accepts the principle of commutation?

I said last Friday that I was generally favourable to commutation, but, of course, we could not say what commutation we would expect. It must depend upon the terms.

We never had that assertion on Friday, but I am glad to have it now. They would not then even bind themselves to accept any scheme. The importance really of this proposal is that if commutation is to take place at all, it must, of course, take place as to the existing value of the tithes to the receiver, and the real proposal of the hon. and learned Gentleman is that that value, whether for the purpose of an annual payment or for the purpose of its future commutation, should be reduced by at least 5 per cent. In other words, we are really asked to make a further concession to the Church which will cost us £60,000.

I agree that it is very difficult until we know the terms of the commutation to know exactly what this Amendment would mean, but how the hon. Member gets at his figures I have been utterly unable to follow.

I put the cost of collection at 5 per cent. The amount of tithes in Wales is, roughly, £120,000. The cost of collection is therefore £6,000 a year. That, multiplied by twelve times for the number of years purchase, really comes to more than £60,000.

I will leave the figures for the hon. and learned Gentleman, who can no doubt deal with them better than I can. When the hon. Member suggests that the hon. Member (Sir A. Griffith-Boscawen) announced this afternoon for the first time his favourable consideration of the principle of commutation, he forgets that he seconded the Amendment which proposed that commutation.

Two completely conflicting arguments have been used from the opposite side of the House against the Amendment, We have the argument of the right hon. Gentleman (Sir D. Brynmor Jones) who held that this Amendment would place the Church in a less favourable position than the actual words of the Bill, and he argued, I am sure with all sincerity, that it would be much better for the Church to leave the Bill as it is rather than accept the Amendment. Then we had the argument of the Home Secretary and of the hon. Member (Mr. Ellis Davies), who took a very different line and said this was a much too big concession which they could not possibly accept, and that it would not be fair to other interests in Wales that it should be accepted. When a position is defended by two utterly conflicting arguments like that, we realise that there cannot be much strength in the case.

I am sure the hon. Member does not wish to do an injustice either to my hon. Friend or to myself. Neither of us said that. I said distinctly that, leaving out the cost of collection, the Bill would be more favourable than the proposal of the hon. and learned Gentleman, and I asked him whether he was willing to leave out the cost of collection.

I am quite aware that that is what the Home Secretary said, but I think he will remember what was said by the right hon. Gentleman (Sir D. Brynmor Jones). He was not excluding cost of collection, but he was dealing with the argument as a whole.

I am glad to hear it. The right hon. Gentleman made the further remark that this would be better for the Church, because the Commissioners would be in the position of judges and there would be an appeal from them, and he mentioned such things as a writ of certiorari, and an appeal to the Privy Council, and so on. I am not enough of. a lawyer to know exactly what all these serious processes may involve, but I know they involve a very heavy cost, and I am quite certain that many of them would be absolutely impossible for the ordinary incumbent to resort to, and that is sufficient condemnation of the argument which he used. The real reason why we would rather have the words of the Amendment than the words of the Bill is that until we know who these Commissioners are going to be it is impossible for us to absolutely accept the assurance of the Home Secretary. He says let us argue it from the point of view that these Commissioners are men who are absolutely to be trusted. It is a very natural point of view for him to argue it from—the only point of view from which he can 'argue it—but those who are anxious to defend property which may be unjustly 'taken away very naturally want to have a little more security before we leave the absolute discretion and jurisdiction in the bands of men whose names we are not informed of. There is very wide discretion in the words of the Clause, and when the Home Secretary assures us that they will cover outgoings of a similar character I think he must see that there is reason for considerable suspicion and distrust on our part until we actually have the names of these Commissioners before us.

In answer to the hon. Member's last point, the Home Secretary did state that he would be willing to alter the final words of the Clause to words similar to those proposed in the Amendment. Therefore, there is no stress to be laid upon the indefiniteness of the words "other outgoings." The Government are apparently quite willing to make these words more definite. The Amendment as it stands seems to me to be open to certain criticism. With regard to the cost of collection, there is no serious ground of complaint apart from the fact, which we have been told, that the bulk, if not nearly all, of the tithes is collected, and the cost of collection is not paid. As the Clause is drawn, the incumbent gets the net tithe raised by the county council. If the tithe costs more to collect—and I do not see why it should—the cost must fall upon someone. If it does not fall on the Church it will fall on the county council. I do not think you have any more right to make it fall on the county council than on the Church, and I do not see that there is any serious injustice. The hon. and learned Gentleman argued as though the incumbent who collected his own tithes was entitled to have it without cost of collection. Where an incumbent has been in the habit of paying a percentage for the cost of collection that percentage ought to be paid, but the Amendment proposes that in both cases there should be no reduction for the cost of collection. Not only is a man who has collected his own tithe to get it free of cost of collection, but the man who has been in the habit for years of getting this money less cost of collection after Disestablishment is to get it plus cost of collection—that is to say, it proposes to apply out of the Welsh National money some additional endowment of these particular incumbents. It seems to me that if he wants to obtain what he says, in justice he must find some other form of words than those he has put down here. But if there is any trifling injustice done—and I do not think there is—the Church is as a whole not badly treated, and the incumbents are not badly treated. There is tithe which is not always recoverable, but they are free from any risk of that kind. Their tithe will be regularly paid and any loss which accrues must fall upon the county council.

I do not know whether we are entitled to accept the assurance that has just been made, that the Home Secretary is prepared to insert some words before the word "outgoing" to make it perfectly clear that that expression shall be ejusdem generis with the words which go before it. If he is, I do not feel the same objection to the Clause that I should otherwise feel, but I am bound to say that the Clause as it stands does breathe of pettiness in its dealing with the existing incumbents of benefices in Wales. After all, the object of the Clause, as of the Clauses that preceded it, is to safeguard to these poor incumbents their existing stipends, which are in many cases very small and do not admit of any substantial deductions being made from them. It is perfectly true that in some cases these incumbents have employed other persons to collect their tithe, and have paid as much as 5 per cent. for the process. I am quite certain, however, that there are a considerable number, including those who arc least able to bear the cost of collection, who have either collected tithe themselves or secured the voluntary services of others in their parishes to do so. In any case, if the Government wish to save for these incumbents the whole of their small stipends during the period of their lives, surely it is to some extent an act of pettiness to squabble over such trifling details as to what will be taken out of the fund which will eventually pass into their hands.

When I hear it stated that this matter is to be treated ejusdem generis, I should like to ask whether that is to apply to the words which have gone before or only to the word "rates"? If it is intended to be ejusdem generis of the expression "collection," it is conceivable that there may be a considerable amount of money which will fall through this sieve set up by the new Commissioners. It is common knowledge that these Departmental Commissions are extremely expensive bodies, and no doubt it would involve office expenses, printing, and the like, as in the much larger case of the National Insurance Commission. It seems very hard if deductions are to be made for those luxuries which the Commissioners and their officials are to enjoy at the expense of the incumbents. After all, what is it? It is a small matter all told. I cannot conceive that it will amount to anything like the very large sum to which the hon. Gentleman opposite referred. These deductions will only be made during the continuance of the lives of those individuals. It is not like a permanent deduction, for which the county council will be made to suffer for ever hereafter.

I think the Government might approach the matter in a generous spirit, and allow the incumbents to enjoy the whole of their small stipends in the future as in the past. We are told that the remedy will be an appeal to the Courts of Law, including the Privy Council. I am sure the Home Secretary will see that the suggestion is somewhat ridiculous. Can you conceive a poor Welsh parson going through all the cumbrous machinery and expense, for the sake of a few pounds, by the procedure which the right hon. Gentleman suggests as the proper course for him to take in order to recover these deductions'? It seems to me as regards the word "collection" that there is a considerable outlet for the expenditure of money. After all, the function of the Commissioners in this respect will be very similar to the function of trustees acting for a beneficiary. It is common knowledge that deductions are made from, we will say, the trust of settled estate for the costs incurred in the office of the solicitors who act on behalf of the trustees. It is quite possible that-similar costs may be incurred on behalf of the Commissioners, and it would be very hard that the Welsh clergy should suffer in consequence. I venture to hope that the Home Secretary will approach this matter in a spirit of generosity and allow the incumbents to retain the whole of their small stipends.

It seems to me that the hon. Gentleman opposite does not conceive the real significance of the Clause. He seems to be under the impression that the cost of collection would fall on the Welsh Commissioners, and that they would be allowed to charge the whole, or a large proportion, of their Establishment charges in respect of cost of collection. I would point out that the collection will be carried out by the county council. The Clause says that the county council is to be allowed a reasonable sum for the cost of collection.

No, it does not make it worse. The county council has nothing to do with the Welsh Commissioners. It seems to me that this is a very simple business proposition. If hon. Members want to have the gross tithe rent-charge and to leave the cost of collection as a charge on the county council, the Government perfectly rightly want to pay over the net tithe rent-charge which in the great majority of cases the clergy are now getting under the present arrangement. I cannot quite follow the arguments used by hon. Gentlemen opposite. They appear to me to be of a double character. One of the arguments is based on want of knowledge of who the Welsh Commissioners arc to be. They say, "We do not know who the Welsh Commissioners are. They may be unfair to the Church and to a lot of people. and they may use this Clause in order to deduct sums they are not entitled to deduct." Supposing that was the case, it seems to me that this Amendment does not in any way meet it. We have no Amendment before us at present saying that if the cost allowed for collection is unreasonable, there should be an appeal to any Court of Law, or party, or arbitrator. We have an Amendment before us which would not enable the Commissioners to allow any cost of collection whatsoever to the county council. The whole of the words relating to the cost of collection would simply go out if this Amendment were accepted.

I still cannot follow the argument that the fact that the Commissioners are not known makes the Clause unacceptable as it stands. It seems to me that the personality of the Commissioners is not an clement in the question, good, bad or indifferent. The argument which has been addressed to us by several hon. Members is this: "If we knew who the Commissioners were to be, we would form our judgment as to whether they would allow a reasonable amount for the cost of collection, but as we do not know who they are, we will not allow any deduction for cost of collection whatever." That is an unreasonable position. I say if they are merely dissatisfied as to the amount of the deduction, they ought to introduce an Amendment giving an appeal if they consider the amount is unreasonable, but it is no argument to say that because they do not know who the Welsh Commissioners are the Committee should strike the words relating to the cost of collection out of the Bill altogether. We heard a great deal on Friday about commutation. I observed that the hon. and learned Gentleman with the usual acuteness characteristic of him in these matters, immediately the word "commutation" was mentioned referred to 5 per cent. for management expenses. So soon as any money is coming to the Church, we must not deduct anything. I do not think we can be charged with being petty or unfair if we apply to a proposition of this kind the same principles which hon. Gentlemen opposite naturally apply to any fund they deal with on behalf of their clients. They cannot say, "We must have additional money to pay our costs of management," and, on the other hand, say if they are put in the position of collectors, "You must pay the cost of collection out of your own pockets."

Some hon. Members opposite have spoken with considerable personal knowledge of these matters which I do not possess, but I should have thought that nowadays these men might have gone round collecting their own tithe rent-charge. If you employ agents for this work, they will no doubt charge a substantial profit. [say that the cost of collection through the county council will be less than it is today, for the county council will make no profit out of the transaction. They will simply charge the bare cost of collection, and therefore I think under the Bill the incumbent will receive a larger sum than he has received in the past. If the principle of commutation was carried out, probably a great deal of what has been said in this discussion will fall away altogether. I confess that I am not clear as to how much the Bill will be altered in connection with the matter of commutation. It seems to me that under the Bill as it stands at present the incumbents, on the whole, will be better off than they have been. The county Council will collect the tithe rent-charge and the incumbent will receive more money when the Church is Disendowed than he has had in the past.

5.0 P.M.

The hon. Baronet (Sir A. Mond) seems to mix up two points. The question of the cost of collection should be regarded from a different point of view from the question of who are to be the Welsh Commissioners to decide these matters. In a great many cases there is no cost at present, and it would be only generous on the part of the Government if they, knowing that, did make a slight concession in this matter, and put out of consideration altogether the cost of collection. As to the practice in England, I know from my experience in paying tithe, as I have to do in several parishes, that in four cases the vicars or rectors collect it themselves, and only in one case is the collection placed in the hands of an agent. I am informed that very much the same thing prevails in Wales, notwithstanding what has been said by hon. Gentlemen opposite. Is it fair in those cases to fix the charge for collection when you arc utterly unable at the present time to say what that charge will be. It will be a charge which, in any case, will diminish the amount the clergy are to receive under this arrangement. Another objection is to having an indeterminate and unknown authority to decide matters of this sort. If we did know the names, we should be able to judge whether they are a suitable body or not; but at present we are absolutely in the dark. That is why we say we arc unaware what the Government mean by the words which appear in the Bill as drafted. We desire to press this question upon the Government. Will the right hon. Gentleman say whether he intends that a vicar who now collects his tithe without any expense whatsoever is to have a charge placed upon him by the county council? Is each case to be treated in detail, or is some average to be taken as indicating the charge which is to be made throughout the country? We want to know the meaning of the Government's own words. What are they? What is this cost of collection which is to be decided by the Welsh Commissioners? What are these outgoings which are so extremely vague under this Clause? The words in the Irish Act are a great deal clearer, because the Commissioners were distinctly told how they were to direct their attention to the charges. They were told, if the charges increased, they were to see that the owner of the interest did not suffer, and they took care to preserve the full rights of the owner in the commutation. We ask that the same rights should be preserved in this particular case, and the Government should make a further statement to see if they cannot meet us. It is not a large question, and we may rightly claim generosity on their part in reference to it.

The right hon. Gentleman has asked for a definite answer to a definite question, and I will give it quite fully and quite shortly. We intend by this Clause, as the words very clearly state, that each case should be considered by the Welsh Commissioners on its merits, and in considering these cases we contend that the Welsh Commissioners are then allowed to apportion and allow the cost of collection. I have no doubt that where there is no cost of collection the Welsh Commissioners will allow nothing.

If the collecting body is a county council, you must have cost of collection, whereas if it is the incumbent himself, you do not have cost of collection.

If the county council were dealing with the matter in the first instance, on the principle of commutation, directly with the representative body and paying a lump sum, I have no doubt that a fixed allowance would be arranged for the average cost of collection over the whole area. When the representative body or county council comes to deal with each individual incumbent, then the Welsh Commissioners will take into account the circumstances of the incumbent, and I do not of course suppose for a moment that they will fix a general charge in every case for the cost of collection. The words are, "there shall be paid to each person who has an existing interest a certain sum after allowing such sum as may be allowed for the cost of collection." I think that to leave this matter, which must be determined, to the discretion of the Welsh Commissioners is much the wisest course for us to take. It is not a small matter. To talk of this as a mean and petty part of the Bill is really not to speak according to fact. If we assume that 5 per cent. is paid in bulk, as it is, for collection of the tithe rent-charge, we may assume it is paid on about £100,000 a year out of £120,000 a year—that is to say, the cost of collection amounts to £5,000 a year. If, as my hon. Friend rightly says on the commutation of the tithes twelve years' purchase is the right amount to allow, this mean and trumpery point would actually work out at no less than a capital sum of £60,000. That is not a matter which is so small as to be left. out of the consideration of this Bill. The Welsh Commissioners looking at it in each individual case will do justice as regards the cost of collection. Upon the other point I should be perfectly willing to accept the words in the Amendment of the hon. Member for Salford instead of what hon. Members regard as the vague words "other outgoing," but I would suggest to hon. Members that it would not be in the interest of incumbents to take those words instead of the words in the Bill. If they speak on behalf of the incumbents, in my judgment, provided we do not give way, as we cannot give way, on the first point of the cost of collection, hon. Members would be far better advised to leave the words of the Clause as they stand.

If the right hon. Gentleman had spent last Sunday, as I did, in his own constituency visiting rural and urban churches there, I think that he would understand better what is the strong objection felt by incumbents to leaving the deduction to be such sum as may be allowed by the Welsh Commissioners. He would also understand why the Amendment of the hon. and learned Member for Bucks is considered preferable by those who think that money should not be taken from the Church to that of the hon. Member for Salford. The fact is that the right hon. Gentleman does not take into account the apprehensions of those concerned at the effects of this Bill. Take the case of an incumbent of a very hilly parish who lives miles from anywhere. He and his wife probably perform most of the domestic functions of the home as well as the ministrations in the Church on Sunday. Those people will have taken away from them that on which they live; they do not know what will be given back; neither do we; we do know that it will be less than they have at present.

No, the intention and object of this Bill are to preserve to the full extent every life interest now held by the incumbent, and if it can be shown tome that any portion of this Bill does not preserve that interest, we shall be quite happy to consider it, but there is nothing in this Clause which takes away from the incumbent anything which he now has.

That is only the life interest. The right hon. Gentleman begs the question. It absolutely affects the-whole of the question. They do not know what is going to become of their glebes. The incumbent is in a state of alarm and dread. In one of these Churches age had dimmed the painting on one of the windows. The question arose which Saint it was, and it was decided very emphatically that it was not Saint McKenna. As it was a thirteenth-century window, that probably was true. I do say in all seriousness that the right hon. Gentleman does not take into account the circumstances. He should have a broad point of view in this matter and understand the feelings of those affected. I would say precisely the same if money was being taken away from a Free Church. The right hon. Gentleman the Leader of the Welsh party said that by a writ of certiorari the incumbent would get justice. He must have overlooked Clause 11, which says:—

"Subject to such appeal as is hereinafter mentioned, the Welsh Commissioners shall have full power to decide all questions, whether of law or of fact, which it may be necessary to decide for the purposes of this Act, and shall not be subject to be restrained in the due execution of their powers under this Act by the order of any Court, nor shall any proceedings before them be removed by certiorari into any Court."

That Clause seems to answer that point completely. The right hon. Gentleman the Home Secretary offered, in turn, the Privy Council. To these suggestions I think the only proper answer would be that which was given by a learned judge in explaining to a petitioner for divorce some time ago what procedure he had to follow to get a divorce by private Act of Parliament. He said, "True, this will cost £l,000, and you will tell me that you have not got twopence, but I can only tell you that that is the law." That is the law which the right hon. Gentleman is preparing to make for the wretched incumbents of these parishes who are barely able to live as it is, who are miserably poor, who frequently are absolutely the only ministers over wide hilly areas in Wales, and who are admittedly making the best possible use of the funds they have. I see that the hon. and gallant Baronet (Sir Ivor Herbert), smiles at that, but I do not think he is likely to contradict it. Perhaps he is laughing because it comes from me. All I say is that if it were proposed to take the money from a Free Church I would say every word which I say now with regard to taking it from the Established Church. Then what becomes of the appeal to the Privy Council? I suppose that the procedure by certiorari is given up in view of Clause 11.

A Court of Justice takes full care that this House shall not oust its jurisdiction. Similar words are inserted in Statutes and yet Courts of Justice have been able to control the proceedings of an inferior Court.

It seems to be that Clause 11 is rather fatal to the contention that it is open to an incumbent to move for certiorari. I cannot understand if tithes are not sacred, if they are to be taken away from the Church, why they are sacred in the hands of anybody else. I cannot distinguish between the position of the tithe owner when it is not devoted to sacred purposes and the tithe owner when it is. If there is any distinction it should be in favour of the sacred as against the lay purpose. I do urge that the limitations of my hon. and learned Friend's Amendment are such as will on every score be appreciated, and I can assure the right hon. Gentleman, having quite recently come from his own constituency, though he will not take me as possibly the, best reporter, yet from the point of view of those affected by this Bill the words of the hon. and learned Member would give great satisfaction, because of their precise limitations, and because they define exactly what deductions can be made by the Welsh Commissioners. The right hon. Gentleman should not resent the objection taken by those who think that Endowments should be respected and preserved, whether they be Endowments of Free or Established Churches. The objection is to a blank cheque given to the Welsh Commissioners, because of the feelings which have been excited by the abstraction of Church property which very naturally cause the belief that those Commissioners appointed under this Act will be likely to make the deductions as large as possible, or at any rate will be inclined that way, whether by intention or in- advertence. Those affected would infinitely prefer the words of the hon. and learned Member which I urge upon the right hon. Gentleman to accept. It is no use for him and others to urge that this is being done in a friendly manner. You cannot take money from other people in a friendly manner, and when a Free Church minister close by makes a speech in which he says Disestablishment and Disendow-ment—

I will leave that now. I felt I should be stopped. My only excuse is that on the last occasion you succeeded in stopping me, and this time I hoped you would fail; I hoped I might be there before you. It was a very short quotation, and I withdraw it after the objection to it, but I may be allowed to repeat, that it is the Amendment of the hon. and learned Member that should be accepted, and not that of the hon. Member for Salford, nor the words of the Section to which strong objection is taken by those concerned.

I do not think any hon. Member on this side of the House is disposed to differ from the principle which the Home Secretary laid down in his reply, and we should be quite satisfied if the Government really carried out the object which they have in view. But this is a question not of Church property, but of private property, which we are seeking to defend, and which I think the Government recognise and respect. The aim of the Government is that the incumbents personally shall not be impoverished, and the question really is whether the words in the Clause carry out the intention of the Government. The objection to the words of the Clause is that they traverse the great principle of legislation, the principle to which all Governments are ready to appeal, in that they do not give control to the person who has to pay for what is done. The county council will determine the sum charged, while the Welsh Commissioners will have to judge whether the amount was rightly the cost of collection; nevertheless the county council will have to determine what money is actually to be expended for the purpose of collection. They will undertake the duty of collection: they will settle whether it is worth while to go against a small tithe payer for a small debt by an expensive legal process; and they will settle all the details of the process of collection. They send in their Bill, as it were, for the cost of the collection, and it would be liable to be checked by the Welsh Commissioners, who, however, will only be able to say that the county council must not charge the amount because they had spent the money extravagantly in collecting tithe. It would not be on any business theory really a wise thing to spend so much money in ineffectively trying to get back a small amount of tithe. Therefore the county council will be put in this position, that they will be spending somebody else's money, and they might prolong the legal process to any extent for a purpose not in the least commensurate with the object in view.

The Welsh are a very litigous people, and it is not impossible that a Welsh county council might have a quarrel with a landowner, or might have some dispute over some question at the time, and the expenses of the county council might not be justified by policy and might have been prompted by passion. The county council would conduct the whole affair out of the pocket of the incumbent, and that is why I say the words of the Clause are unreasonable; they give the control to the county council while the payment has to be made by the incumbent. My hon. Friend truly pointed out that you cannot escape from the cost of collection when a public body is engaged. In the case of a large landowner the cost of collection is nothing: it is merely the cost of sending a letter; but the county council will have to employ an agent to collect and to send in the bill, so that there must always be a certain cost of collection. In some particular cases there is no cost of collection at all at present. but there will always be -some cost of collection in the future. If there were a general fixed charge on the whole of the incumbents they would know where they were. But if each particular bill is separately charged to each incumbent. then on a very small income a very considerable sum might be charged for a collection which had been extravagantly conducted. The Commissioners have no option; it is not open to them to say that the cost is unreasonable, and they are obliged to allow the county council to take the cost of collection from what was to be handed over to the incumbent. Something ought to be clone to relieve the incumbent. When we came to the management of commutation, we asked that the cost of it should be added to the commutation. We asked that a fixed sum should be assigned, and there was no suggestion that a representative body should be allowed to manage it as they liked, and then charge whatever they liked to the Commissioners. What was proposed was that a certain fixed sum should be allowed for management, and, parrallel with that, would be the allowing of a certain fixed sum for the cost of collection of tithes. That would be much better, in respect of considering each case on its merits, and the incumbents would know where they were, and would not be exposed to any particular action on the part of the county council. It is open to the Government to make this concession—namely, that the cost to the county council of collection should, in effect, be thrown on the National Exchequer, and if, in addition, Sub-section (3) of the Clause were dropped, I think it would immensely improve it. The county council would gain by the withdrawal of Sub-section (3), and they would obtain more than they could possibly lose in respect of the cost of collection. If the Government did these two things, it would not injure the county council at all. The National Exchequer would find the money, and a very small sum would be involved. Or, if the Government are not prepared to adopt that suggestion, would the Home Secretary consider this, namely, that the Commissioners should consider, not the actual cost of collection, but what would be the cost of collection which would have been incurred by the incumbent if he himself had proceeded to collect his own tithes? The object of the right hon. Gentleman is that the incumbent should not be worse off, and I submit that the incumbent ought to have words protecting him from extravagant management on the part of the county council. This Clause throws the cost of collection on the county council; but if Sub-section (3) is dropped. I believe the Home Secretary, in following that course, would turn the edge of the anxiety which this provision certainly arouses in the minds of the incumbents.

May I ask the right hon. Gentleman, the Home Secretary, if he will consider the insertion of these words, "as ascertained in each case at the time of the passing of this Act." That would make it clear that it was only the cost which fell upon each incumbent in each special case that was to be dealt with.

The right hon. Gentleman put his construction on the Amend- ment, and his words are on an entirely-different footing from what was advanced by the Noble Lord. I would prefer to leave the matter to the discretion of the Commissioners. Their discretion is not limited, as the Noble Lord thinks. He conceives that year by year the county council will send in a Bill showing the actual cost of collection, and that the Commissioners will then be bound to deduct that amount from the total amount of tithe, and charge it to the incumbent.

Showing the money really spent, and the Noble Lord suggests that the county council may conduct the collection extravagantly and charge the cost of their extravagance against the incumbent. If the Bill did that it would be a serious defect, but it will not do it. I would remind the Noble Lord that the Welsh Commissioners are a temporary body. They may make this allowance

Division No. 517.]

AYES.

[5.28 p.m.

Abraham, William (Dublin, Harbour)Cullinan, JohnHarvey, T. E. (Leeds, West)
Adamson, WilliamDalziel, Rt. Hon. Sir J. H. (Kirkcaldy)Haslam, Lewis (Monmouth)
Agnew, Sir George WilliamDavies, David (Montgomery Co.)Havelock-Allan, Sir Henry
Alden, PercyDavies, Ellis William (Eifion)Hayden, John Patrick
Allen, Arthur A. (Dumbartonshire)Davies, Timothy (Lincs., Louth)Hayward, Evan
Allen, Rt. Hon. Charles P. (Stroud)Davies, Sir W. Howell (Bristol, S.)Hazleton, Richard
Arnold, SydneyDavies, ML Vaughan- (Cardigan)Helme, Sir Norval Watson
Baker, Harold T. (Accrington)Dawes, J. A.Hemmerde, Edward George
Baker, Joseph Allen (Finsbury, E.)De Forest, BaronHenderson, Arthur (Durham)
Balfour, Sir Robert (Lanark)Delany, WilliamHerbert, General Sir Ivor (MON., S.)
Baring, Sir Godfrey (Barnstaple)Denman, Hon. Richard DouglasHigham, John Sharp
Barlow, Sir John Emmott (Somerset)Devlin, JosephHinds, John
Barton, WilliamDonelan, Captain A.Hobhouse, Rt. Hon. Charles E. H.
Beale, Sir William phipsonDoris, WilliamHodge, John
Beck, Arthur CecilDuffy, William J.Hogge, James Myles
Benn, W. W. (T. H'mts., St. George)Duncan, C. (Barrow-in-Furness)Holmes, Daniel Turner
Bentham, G. J.Duncan, J. Hastings (Yorks, Otley)Holt, Richard Durning
Bethell, Sir J. H.Edwards, Clement (Glamorgan, E.)Howard, Hon. Geoffrey
Birrell, Rt. Hon. AugustineEdwards, Sir Francis (Radnor)Hudson, Walter
Black, Arthur W.Esmonde, Sir Thomas (Wexford, N.)Isaacs, Rt. Hon. Sir Rufus
Boland, John PlusEssex, Sir Richard WalterJardine, Sir J. (Roxburgh)
Booth, Frederick HandelEsslemont, George BirnieJones, Rt.Hon.Sir D.Brynmor (Swansea)
Boyle, Daniel (Mayo, North)Falconer, JamesJones, Edgar (Merthyr Tydvil)
Brace, WilliamFarrell, James PatrickJones, H. Haydn (Merioneth)
Brady, Patrick JosephFenwick, Rt. Hon. CharlesJones, J. Towyn (Carmarthen, East)
Brocklehurst, W. B.Ferens, Rt. Hon. Thomas RobinsonJones, Leif Stratten (Rushcliffe)
Bryce, J. AnnanFtrench, PeterJones, William (Carnarvonshire)
Burke, E. Haviland-Field, WilliamJones, W. S. Glyn- (Stepney)
Burns, Rt. Hen. JohnFitzgibbon, JohnJoyce, Michael
Burt, Rt. Hon. ThomasFlavin, Michael JosephKeating, Matthew
Buxton, Noel (Norfolk, North)George, Rt. Hon. D. LloydKellaway, Frederick George
Buxton, Rt. Hon. Sydney C. (Poplar)Gilhooly, JamesKilbride, Denis
Byles, Sir William PollardGill, A. H.King, J.
Carr-Gomm, H. W.Ginnell, LaurenceLambert, Rt. Hon. G. (Devon.S.Molton)
Cawley, Harold T. (Heywood)Glanville, H. J.Lambert, Richard (Wilts, Cricklade)
Chapple, Dr. William AllenGoddard, Sir Daniel FordLardner, James Carrige Rushe
Clancy, John JosephGoldstone, FrankLaw, Hugh A. (Donegal, W.)
Clough, WilliamGreenwood, Granville G. (Peterborough)Lawson, Sir W. (Cumb'rld, Cockerm'th)
Clynes, John R.Greig, Col. J. W.Leach, Charles
Collins, G. P. (Greenock)Griffith, Ellis J.Lewis, John Herbert
Collins, Stephen (Lambeth)Guest, Hon. Frederick E. (Dorset, E.)Lough, Rt. Hon. Thomas
Condon, Thomas JosephGuiney, PatrickLow, Sir F. (Norwich)
Cornwall, Sir Edwin A.Hackett, JohnLundon, Thomas
Craig, Herbert J. (Tynemouth)Harcourt, Rt. Hon. Lewis (Rossendale)Lyell, Charles Henry
Crawshay-Williams, EliotHarcourt, Robert V. (Montrose)Lynch, A. A.
Crean, EugeneHardie, J. KeirMcGhee, Richard
Crumley, PatrickHarvey, A. G. C. (Rochdale)Macnamara, Rt. Hon. Dr. T. J.

once for all, and hereafter have nothing to do with what the county council may spend on collection. The county council may go on spending as much more on collecting tithe rent charge as they think fit. The allowance by the Welsh Commissioners will be made once for all. That allowance would have regard to the actual cost of collection at the present time, and really the words suggested by the right hon. Gentleman opposite in my judgment do nothing more than carry out the existing reason and purpose of the Clause. However, shall be very glad to consider those words at a later stage of the Bill, but he must understand that I could not accept them across the floor of the House in that way.

Question put, "That the words proposed to be left out stand part of the Clause."

The Committee divided: Ayes, 273; Noes, 152.

MacNeill, J. G. Swift (Donegal, South)O'Shee, James JohnSheehy, David
Macpherson, James IanO'Sullivan, TimothySherwell, Arthur James
MacVeagh, JeremiahOuthwaite, R. L.Shortt, Edward
M'Callum, Sir John M.Palmer, Godfrey MarkSimon, Rt. Hon. Sir John Allsebrook
McKenna, Rt. Hon. ReginaldParker, James (Halifax)Smith, Albert (Lancs., Clitheroe)
M'Laren, Hon. H. D. (Leics.)Pearce, William (Limehouse)Smyth, Thomas F. (Leitrim)
M'Laren, Hon. F.W.S. (Lincs.,Spalding)Pease, Rt. Hon. Joseph A. (Rotherham)Snowden, Philip
Marks, Sir George CroydonPhillips, John (Longford, S.)Soames, Arthur Wellesley
Marshall, Arthur HaroldPointer, JosephSpicer, Rt. Hon. Sir Albert
Mason, David M. (Coventry)Pollard, Sir George H.Taylor, Theodore C. (Radcliffe)
Meagher, MichaelPonsonby, Arthur A. W, H.Tennant, Harold John
Meehan, Francis E. (Leitrim, N.)Price, Sir R. J. (Norfolk, E.)Thomas, James Henry
Middlebrook, WilliamPriestley, Sir Arthur (Grantham)Thorne, G. R. (Wolverhampton)
Millar, James DuncanPriestley, Sir W. E. (Bradford)Toulmin, Sir George
Molloy, MichaelPrimrose, Hon. Neil JamesTrevelyan, Charles Philips
Molteno, Percy Alportpringle, William M. R.Verney, Sir Harry
Mond, Sir Alfred M.Radford, G. H.Wadsworth, J.
Money, L. G. ChiozzaRaphael, Sir Herbert H.Walsh, J. (Cork, South)
Morgan, George HayRea, Rt. Hon. Russell (South Shields)Walsh, Stephen (Lancs., Ince)
Morrell, PhilipRea, Walter Russell (Scarborough)Walters, Sir John Tudor
Morison, HectorReddy, M.Walton, Sir Joseph
Morton, Alpheus CleophasRedmond, John E. (WaterfordWard, John (Stoke-upon-Trent)
Munro, R.Redmond, William Archer (Tyrone, E.)Wardle, George J.
Murray, Captain Hon. Arthur C.Rendall, AthelstanWarner, Sir Thomas Courtenay
Nannetti, Joseph P.Richards, ThomasWason, Rt. Hon. E. (Clackmannan)
Needham, Christopher T.Richardson, Thomas (Whitehaven)Wason, John Cathcart (Orkney)
Neilson, FrancisRoberts, Charles H. (Lincoln)Watt, Henry Anderson
Nicholson, Sir Charles N. (Doncaster)Roberts, G. H. (Norwich)Webb, H.
Nolan, JosephRoberts, Sir J. H. (Denbighs)Wedgwood, Josiah C.
Norman, Sir HenryRobertson, Sir G. Scott (Bradford)White, J. Dundas (Glas., Tradeston)
Norton, Captain Cecil W.Robinson, SidneyWhite, Patrick (Meath, North)
Nuttall, HarryRoch, Walter F. (Pembroke)Whitehouse, John Howard
O'Brien, Patrick (Kilkenny)Roche, Augustine (Louth)Whittaker, Rt. Hon. Sir Thomas P.
O'Brien, William (Cork)Roche, John (Galway, E.)Whyte, A. F. (Perth)
O'Connor, John (Kildare, N.)Roe, Sir ThomasWiles, Thomas
O'Connor, T. P. (Liverpool)Rose, Sir Charles DayWilkie, Alexander
O'Doherty, PhilipRowlands, JamesWilliams. John (Glamorgan)
O'Donnell, ThomasRunciman, Rt. Hon. WalterWilliams, Llewelyn (Carmarthen)
O'Dowd, JohnRussell, Rt. Hon. Thomas W.Wilson, W. T. (Westhoughton)
O'Grady, JamesSamuel, Rt. Hon. H. L. (Cleveland)Wood, Rt. Hon. T. McKinnon (Glas.)
O'Kelly, Edward P. (Wicklow, W.)Samuel, J. (Stockton-on-Tees)Young, Samuel (Cavan, E.)
O'Kelly, James (Roscommon, N.)Scanlan, ThomasYoung, W. (Perthshire, E.)
O'Malley, WilliamSchwann, Rt. Hon. Sir C. E.
O'Neill, Dr. Charles (Armagh, S.)Scott, A. MacCallum (Glas., Bridgeton)TELLERS FOR THE AYES—Mr.
O'Shaughnessy, P. J.Seely, Col. Rt. Hon. J. E. B.Illing worth and Mr. Gulland.

NOES.

Agg-Gardner, James TynteCecil, Lord R. (Herts, Hitchin)Hohler, Gerald Fitzroy
Amery, L. C. M. S.Chambers, JamesHope, Major J. A. (Midlothian)
Anson, Rt. Hon. Sir William R.Clive, Captain Percy ArcherHorner, Andrew Long
Anstruther-Gray, Major WilliamCooper, Richard AshmoleHouston, Robert Paterson
Astor, WaldorfCourthope, George LoydHume-Williams, W. E.
Baird, John LawrenceCraig, Ernest (Cheshire, Crewe)Ingleby, Holcombe
Baker, Sir Randolf L. (Dorset, N.)Crichton-Stuart, Lord NinianJessel, Captain H. M.
Balcarres, LordCroft, H. P.Kebty-Fletcher, J. R.
Banbury, Sir Frederick GeorgeDalziel. Davison (Brixton)Kerr-Smiley, Peter Kerr
Baring, Maj. Hon. Guy V. (Winchester)Duke, Henry EdwardKimber, Sir Henry
Barlow, Montague (Salford, South)Eyres-Monsell, Bolton M.Kinloch-Cooke, Sir Ciement
Barrie, H. T.Falle, Bertram GodfrayLane-Fox, G. R.
Bathurst, Hon. A. B. (Glouc, E.)Fell, ArthurLawson, Hon. H. (T. H'mts., Mile End)
Bathurst, Charles (Wilts, Wilton)Fetherstonhaugh, GodfreyLocker-Lampson, G. (Salisbury)
Beach, Hon. Michael Hugh HicksFisher, Rt. Hon. W. HayesLocker-Lampson, O. (Ramsey)
Benn, Arthur Shirley (Plymouth)Fitzroy, Hon. Edward A.Lockwood, Rt. Hon. Lieut.-Col. A. R.
Bentinck, Lord H. Cavendish-Forster, Henry WilliamLonsdale, Sir John Brownlee
Bigland, AlfredGardner, ErnestLyttelton, Rt. Hon. A. (S.Geo.,Han.S.)
Bird, AlfredGastrell, Major W. HoughtonMacCaw. William J. MacGeagh
Blair, ReginaldGibbs, George AbrahamMackinder, Halford J.
Boscawen, Sir Arthur S. T. Griffith-Gordon, John (Londonderry, South)M'Neill, Ronald (Kent, St. Augustine's)
Boyle, William (Norfolk, Mid)Gordon, Hon. John Edward (Brighton)Magnus, Sir Philip
Boyton, JamesCoulding, Edward AlfredMalcolm, Ian
Bridgeman, W. CliveGrant, J. A.Mason, James F. (Windsor)
Bull, Sir William JamesGuinness, Hon. Rupert (Essex, S.E.)Meysey-Thompson, E. C.
Burdett-Coutts, W.Guinness, Hon.W.E. (Bury S.Edmunds)Middlemore, John Throgmorton
Burn, Colonel C. R.Gwynne, R. S. (Sussex, Eastbourne)Moore, William
Campbell, Capt. Duncan F. (Ayr, N.)Hamersley, Alfred St. GeorgeMorrison-Bell, Capt. E. F. (Ashburton)
Campion, W. R.Hardy, Rt. Hon. LaurenceMorrison-Bell, Major A. C. (Honiton)
Carlile, Sir Edward HildredHarrison-Broadley, H. B.Mount, William Arthur
Cassel, FelixHelmsley, ViscountNewman, John R. P.
Castlereagh, ViscountHenderson, Major H. (Berks, Abingdon)Nicholson, William G. (Petersfield)
Cator, JohnHerbert, Hon. A. (Somerset, S.)Norton-Griffiths, John
Cautley, Henry StrotherHewins, William Albert SamuelO'Neill, Hon. A. E. B. (Antrim, Mid)
Cecil, Evelyn (Aston Manor)Hickman, Col. Thomas E.Parker, Sir Gilbert (Gravesend)
Cecil, Lord Hugh (Oxford Univ.)Hill, Sir Clement LParkes, Ebenezer

Pease, Herbert Pike (Darlington)Smith, Rt. Hon. F. E. (L'p'l., Walton)Warde, Col. C. E. (Kent, Mid)
Peto, Basil EdwardSmith, Harold (Warrington)Wheler, Granville C. H.
Pollock, Ernest MurrayStanler, BevilleWhite, Major G. D. (Lancs., Southport)
Pryce-Jones, Colonel E.Stanley, Hon. G. F. (Preston)Williams, Col. R. (Dorset, W.)
Quilter, Sir William Eley C.Steel-Maitland, A. D.Willoughby, Major Hon. Claud
Rawlinson, John Frederick PeelStewart, GershomWilson, A. Stanley (Yorks, E.R.)
Rawson, Col. Richard H.Strauss, Arthur (Paddington, North)Wolmer, Viscount
Rees, Sir J. D.Sykes, Alan John (Ches., Knutsford)Wood, John (Stalybridge)
Remnant, James FarquharsonSykes, Mark (Hull, Central)Worthington-Evans, L.
Roberts, S. (Sheffield, Ecclesall)Talbot, Lord E.Wyndham, Rt. Hon. George
Rolleston, Sir JohnTerrell, G. (Wilts, N.W.)Yate, Colonel C. E.
Samuel, Sir Harry (Norwood)Thomson, W. Mitchell- (Down, North)Younger, Sir George
Sanders, Robert ArthurTouche, George Alexander
Sanderson, LancelotTryon, Captain George ClementTELLERS FOR THE NOES—Sir
Sandys, G. J.Valentia, ViscountA. Cripps and Mr. Hoare.
Sassoon, Sir PhilipWalker, Col. William Hall

I beg to move, in Subsection (1), after the word "paid"["there shall be paid"], to insert the word "half-yearly."

The object of this Clause is to ensure the payment of the same amount to the existing interest, and the object of my Amendment is to ensure the payment at the same intervals as heretofore. The tithe-rent charge is transferred to the Commissioners, and by them to the county council, and is payable, under the Tithe Commutation Act of 1836, half-yearly, on the 1st July and the 1st January, in each year. It has been so paid to the incumbent, but there is nothing in this Bill to make it certain that the money which will be paid in substitution of the tithe-rent charge shall in future be paid half-yearly, as in the past, to those incumbents. It is a question of trusting the Welsh county councils, and I am bound to say the past history of the Welsh county councils, and the attitude of those councils with regard to the Church of England, does not lead us to believe that we can trust them without taking every precaution to see that the interests of the Church are properly safeguarded. I would further point out there is the danger that pressure may be put on the county councils by the tithe-payers to make the position of the Church, at any rate not easier than it has been in the past. If this money is being paid as it is every half-year to the county council surely there is no hardship in asking the county council to pay incumbents half-yearly the amount which is due. This is a matter of considerable importance to the clergy in Wales, most of whom are extremely poor men, and to whom a delay in the payment of their very small stipend might be a very serious matter. I hope the Government will see their way to accept this Amendment, and render some small measure of justice to incumbents in Wales.

Question, "That the words proposed be there inserted," put, and agreed to.

I beg to move' at the beginning of Sub-section (4) to insert the words "so long as the amount payable under this Section is so paid."

It is not in order, as it is outside the scope of the Clause.

I hope this Amendment will be dealt with in the same satisfactory way as was the last Amendment. I am sure the Home Secretary does not intend that the liability to repair ecclesiastical buildings should continue after the in-come in respect of which that liability arises ceases, and that the Bill does not 'mean that when the incumbent has not got the income derived from old sources that he should be under the old liability in reference to ecclesiastical buildings to which the other incumbent was subject. I think it must be right to introduce words of this kind to make the point quite clear. I hope he will insert these words to make the point quite clear.

I have no objection to accepting the Amendment, but I can only point out that doing so may affect the next Amendment, which is in the name of the hon. Member for Dudley (Sir A. Griffith-Boscawen).

If this Amendment is adopted now I think the following Amendment will be out of order.

May I point out what you are dealing with here is that after the tithe has been transferred then the county councils are to become liable for the repairs of ecclesiastical buildings. I do not understand that Sub-section (4) means that that liability should be undertaken while the existing incumbent is getting the benefit derived from that source of income. The one is a permanent matter, while my Amendment only refers to a temporary provision while the existing incumbent is getting the benefit. If you rule the next Amendment out of order I would rather give up my Amendment than prevent my hon. Friend from moving his.

Perhaps the hon. Member would withdraw his Amendment at this point and move it in the next Subsection after the words "shall be construed," when I will accept it.

Amendment, by leave, withdrawn.

I beg to move to leave out Sub-section (4), and to insert instead thereof

(4) A county council shall, as respects any tithe rent-charge transferred to them under this Act, be subject to any liability to repair any ecclesiastical building to which the owner of such tithe rent-charge was subject immediately before the passing of this Act.

I am very much encouraged to hope—

I was about to say that I was much encouraged by the fact that the Home Secretary has accepted two Amendments, to hope that he would accept the third and do the "hat trick." I am afraid, however, from his interruption that my hope is not well founded. This Amendment raises a larger point than either of those we have just discussed. As is well known, the possession of great tithe, that is, tithe belonging usually to the rector, carries with it, not universally but in a great majority of cases, the obligation of the repair of the chancel. That obligation attaches to tithe not only in the hands of the clergy at the present time, that is to great tithe attached to a benefice, but also to great tithe which has been alienated. When the Church was plundered in the time of Henry VIII., which I suppose is the nearest approach to what is happening at the present moment under this Bill, the person to whom the tithe was given or who purchased it was subject to the obligations attaching to it. My Amendment, which is a very simple one, proposes that where tithe to which this obligation attaches is alienated, the obligation shall follow just as it did at the time of the Reformation Therefore, if a county coun- cil becomes the owner of tithe which carries with it the obligation to repair ecclesiastical buildings or any part of them, the county council will have that obligation as a condition of holding the tithe. Clause 8 (2) provides that property transferred under this Bill shall be transferred subject to all tenancies, charges, and incumbrances which exist at the time of the transfer. It is quite true that that Subsection is limited by the words "save as otherwise provided by this Act." I imagine that those words would enable us to remove that charge upon the tithe transferred. But I do not see why that exception should be made. If a county council is to obtain a free grant of this large amount of property, to which it is really not entitled, which comes as a windfall, and which was applied to other purposes before, surely it is only natural and proper that the property should be held subject to the same obligation that rested upon the previous possessor.

If that is so, what is there unreasonable in asking that this obligation should remain on the tithe in those cases where it exists at present? The Government are very careful to compel existing lay impropriators to continue the obligation that they now have. Why should the county council be treated differently from any other lay impropriator? You are not getting rid of the tithe; tithe will have to be paid just the same as before; but instead of being devoted to spiritual purposes, it is to be taken away from the clergy, and the county councils will become, to all intents and purposes, lay impropriators. That being so, why should you relieve the new lay impropriators of the burden of which the old lay impropriators have never been relieved? I am prepared to admit that it might be an inconvenient arrangement that a secular body such as the county council should have the repairing of the chancel; but I do not know whether it would be any more inconvenient than it is in the case of certain lay impropriators now. In any case, I suppose it would have to take place in accordance with the views of the representative body. Even if that argument is put forward, it will be met by the scheme of commutation which the right hon. Gentleman suggested last Friday. If there is to be commutation, I imagine that all these interests will be commuted. It is very easy to ascertain in how many cases the tithe transferred to the county council carries with it the obligation to repair the chancel, and it is equally easy to estimate what the cost is likely to be over an average of years. Therefore, the obligation can be commuted in the same way as any other interest. I am disappointed to learn that the Home Secretary is not anxious to accept this Amendment. It would not be a large concession. If you give to the county councils this sum of money which they had no right to expect, for which they have really no purpose, and for the application of which there is no definite purpose in the Bill, you ought to transfer with the money the obligation which now rests upon the present holders. I beg to move the Amendment.

In whatever form the Amendment is put before the Committee, the point of substance is whether or not the liability to repair which now attaches to certain tithes shall pass with those tithes when they depart from the present owners into other hands. I accept what the hon. and gallant Member says as to the kind of tithes that are subject to this charge. Speaking generally, they are rectorial tithes. Whether those tithes belong to rectors who are lay persons or spiritual persons, the liability to repair attaches to them. I do not think that the county council entirely corresponds to the lay impropriator mentioned in Clause 27 (1) of this Bill. There is one very obvious difference. The lay impropriator has got the property, not by Act of Parliament, but by certain private arrangements into which it is not wise to inquire at this time. Besides, the lay impropriator has the money for his own personal and private use, whereas the county council will get it, at any rate, for public purposes. The hon. and gallant Member will probably agree that the obligation to repair was, as a matter of history, imposed upon the rector, be he lay or be he spiritual, because he was the owner of the chancel. The hon. and gallant Member has reminded the Committee that in Clause 27, wherever that liability is now imposed upon a lay impropriator, the Bill does not touch it. The liability to repair will remain after the Bill passes. Therefore the point of substance is whether, where the rector is a spiritual person and in receipt of the tithes the liability to repair the chancel shall, or shall not, attach to the tithes when they have passed out of his hands into secular hands. I think this is the right way to look at the matter. The commutation principle was not abso- lutely settled; certain offers were made on another occasion, but they were not quite accepted, and the matter is still open. Therefore, I think, that in arguing this question we have to take two alternatives: first, where there is no commutation; and. secondly, where there is commutation. Assume for a moment that there is no commutation under this Bill-Under these circumstances we on this side-contend that the spiritual rector will continue during his lifetime to receive the money which he now receives. That being so, during that period—I take it that this is common ground, especially after we accept the Amendment of the hon. and learned Member for Wycombe (Sir A. Cripps)—the liability to repair would fall on the spiritual rector as long as he received the tithes. Supposing, on the expiration of that life interest, the tithes go away from the uses of the Church to the uses of the county council, shall the tithes in the hands of the county council be liable to repair, or shall they be free from that liability? I submit, and I think the hon. Member will agree, that the obligation in the first instance arose from ownership; that is, the rector was the owner of the chancel.

6.0 P.M.

Indeed he was. The hon. and gallant Member is mistaken. He has certain rights, of which I need not remind the hon. and gallant-Member. The lay rector has a right to a chief seat in the chancel, and he has a right to be buried there, although I do not think that that is commonly put forward now. But if you are going to transfer the liabilities of the lay rector to the county council, what rights you will give to the county council! I do not intend to enter into that; I was led astray by the interruption of the hon. and gallant Member. After the life interest ceases, we have to consider what becomes of the liability to repair. From the date of Disestablishment the ownership of the church and of the chancel passes away from the rector, as I understand it, to the representative body. Therefore, if the liability to repair is something which attaches to ownership, it ought prima facie at any rate, to attach to the representative body. Although I quite understand that the hon. Member thinks this is not a fair Bill, it must be remembered that although an Amendment was moved from this side as to the cathedrals, all the Ecclesiastical fabrics, both cathedral and parish churches, under this Bill pass from the rectors and from the Church to the representative body. Therefore we are submitting that as to the condition of the churches themselves the least that should be done is what we suggest. Take the other alternative, supposing there is commutation? If there be commutation, as the Committee is aware, the plan that we suggested the other day was that a certain sum of money should be given to the representative body, and that the representative body should themselves make whatever arrangements they though fit with those who held the life interest. There may be a spiritual rector whose income of so many hundred pounds a year is subject to liability for repair. There is an immense difference in the liability between one church and another; some churches being in a good state of repair and others being dilapidated. As I understand the position, the representative body would take these circumstances into account in fixing what is the proper sum for which to commute this life interest. The substance and fact of the case is that whether there is commutation or whether there is no commutation that as this liability to repair in the first instance was placed upon ownership and that ownership now passes to the representative body, I think on reflection that hon. Members will see that this liability should not attach to the tithes secularised in the hands of the county council, and that this is an Amendment which really the hon. and gallant Gentleman could not possibly hope that we should accept.

I would ask the Committee to approach this subject with a somewhat broader view than the Under-Secretary has done. I do not, in the first place, agree with him—though I speak with diffidence, not having recently looked it up—that the lay impropriator is the owner of the chancel. I do not agree, therefore, that the liability to repair is necessarily based upon ownership. I quite agree that the lay impropriator has certain rights in the chancel of a somewhat melancholy character. But that is another matter. The broad facts of this case are that a public body is going to receive as a windfall a very considerable sum of money, and is going to receive it out of the scheme of the Bill divorced from and divested of the obligations which it had when it was in the hands of the clergy. The Under-Secretary gives as a reason for divesting the county council of this obligation that it is a public body. That is precisely the reason why I would ask the Committee to transfer this obligation to the county council. The parish church—and after all a great many Nonconformists think so—is a public building; in many cases a public building of great antiquity, and regarded with great sentiment by all the members of the parish. Marriages are often celebrated there, even the marriages of Nonconformists. It has very often an architectural and antiquarian interest as a place where old documents and parish records are kept. I say without fear of contradiction it has a sentiment attached to it, and it is regarded in the highest degree by Churchmen, and I would hardly exaggerate if I said all the parishioners. In that case the county council, having got this large sum of money without any expectation of its transference, surely it is in the interest of the public in the highest sense of the word that these ancient fabrics should be kept in order? When, as there unhappily will not be, sufficient money in the hands of the Church to keep that fabric in order, I submit that it would be in the highest degree in the interests of the public, and therefore a proper function of the county council, to discharge that duty, and hand down these ancient fabrics in a condition such as we all—members of either party—desire to have them handed down to posterity. On these grounds I most earnestly hope that the Government will reconsider their views.

I would like to make one or two observations. I was much interested by the speech of the Under-Secretary. It is very curious to listen to the Under-Secretary on this Bill. He is rather like the villain in a melodrama. His apparent position always is one of great fairness and generosity to the Church, but he cannot help little "asides" escaping him every now and again, showing that underneath he is moved by the bitterest hostility towards the Church. I only mention this, in passing, because there were several asides in the speech which the hon. Gentleman has just addressed to the Committee. He very justly said that the asides were irrelevant to the Amendment. The Amendment, it seems to me, has a great deal of logic, though I admit I have a little difficulty with the view in the Amendment of the intrusion of the Welsh county council, as they are for the most part at present constituted, into the parish churches. Except for that, I must say that upon logical grounds my hon. and gallant Friend's Amendment appears to me to stand in a very strong position. Putting aside ail legal technicalities, we all know that the rector, be he lay or ecclesiastical, has been maintained in his duty of repairing the church because he has had the tithes to do it. If I understand this Sub-section aright—I would like to call the attention of the Government to it—the Government propose to keep the legal obligation alive in respect of ecclesiastical repairs. Am I right in saying that that is the effect of the Sub-section? Because, if so, I really do not understand why this single exception to the principle of Disestablishment should be made.

As I understand the principle of Disestablishment is to sever the Church from the fetters of State. You are going specifically to repeal all ecclesiastical statutes. You are repealing, as I thought, all legal obligations resting on the Church; but this particular obligation—why I cannot imagine!—is being kept alive. Why? What is the argument that this remnant of Establishment alone should survive the general destruction? I cannot understand the logic of this Sub-section. Though I might, perhaps I shall, have a little difficulty as to this specific Amendment, I shall vote for the excision of this Subsection in the most light-hearted way. I cannot understand on the principle of this Bill why you should preserve an obligation to repair the parish church when you destroy all other forms of obligation and all other forms of statutory privilege in the officers of the Church. I cannot square that with the rest of the Bill in any way. Therefore, I shall certainly vote for the Question if the Question is put from the Chair to leave out this Sub-section.

I think the Noble Lord has rendered some service to the Debate upon this Amendment by calling attention to its exact terms, but I rather think he has misconstrued the terms. He talks as though this Amendment only applied to the church or to a portion of the church—the chancel. I do not read the Amendment so. I do not wish to dogmatise as to its meaning, but just let me call the attention of the Committee to the exact words:—

"A county council shall, as respects any tithe rent-charge transferred to them under this Act, be subject to any liability to repair any ecclesiastical building to which the owner of such tithe rent-charge was subject immediately before the passing of this Act."

First of all, as to an ecclesiastical building. Is it only an ecclesiastical building when it refers to the chancel of the church? It may refer to the rectory or to appurtenances of the rectory. It may refer to some small chapel-of-case or to an annexe of the church. Therefore what is really being asked for if some extended meaning of the term ecclesiastical building than the mere church or portion of the church which is called the chancel is involved? The real meaning is that the obligations might be transferred to the county council or might not. I think the hon. and gallant Member for Dudley himself really contemplated by his Amendment, if I follow his argument aright—

I may say at once that my Amendment means any liability which the possession of this tithe, whatever it may be, entailed upon the previous owner.

If the hon. and gallant Gentleman only means the obligations from ownership of the tithe rent-charge to apply, then I do not know what the meaning is. The obligation, whatever it may be, upon the incumbent of the benefice is not imposed upon him because he is the owner of the tithe rent-charge, but because he is the parson of the parish. That is really most material to the question. Why on earth should the liability to repair or any other kind of liability then attach to an owner, not of the tithe rent-charge but the owner of the benefice? I think, even adopting the principle which the hon. and gallant Gentleman was urging upon the Committee, the words are really not apt. I can believe there are parishes in which there is no tithe rent-charge at all received by the vicar, parishes in which the rector receives the whole of the tithe, and in which the stipend of the vicar, who is the actual incumbent, depends entirely upon glebe, upon some aid from Queen Anne's Bounty, or some other quite proper source. Therefore, if the literal words of the Amendment are taken, you may have this extreme position that the incumbent of one parish, who, because he receives a stipend from tithe rent-charge up to the time of Disestablishment of £100 a year, becomes, if this Amendment is carried, not liable to repair the chancel, while in the adjoining parish the vicar or incumment, or whatever he is called, who docs not receive any tithe rent-charge, is still liable for the repair of the chancel. Let us see whether we are agreed as to the nature of the liability in question, because that is, I think, relevant to the broader question which the right hon. Gentleman the Member for St. George's asked us to address our minds to. As I understand it—and I am quite willing to accept correction from my hon. and learned Friend opposite—the general rule is, and has been, that the incumbent of the parish is liable to repair the chancel. [HON. MEMBERS: "No, no."]

I should like to know if the right hon. Gentleman thinks I am inaccurate.

I do think the right hon. and learned Gentleman is inaccurate, but I do not want to answer him by interruptions across the floor of the House.

The hon. and learned Gentleman does not mean to answer me at once. I think the rector is liable to repair the chancel, and the parishioners are liable to repair the nave. I think the law backs up that view. I prefer to put it on the ancient character or form of words that were used. The rector or somebody in the parish, the rector, together with the parishioners, were formerly liable to repair the fabric of the church. Perhaps the liability varied at different times. It might have been quite different before the complete aspect of parochial organisations in this country, and it might have been, and has been, no doubt, varied from time to time by Statutes. But that is the real position. and it is not fair for the hon. and gallant Member (Sir A. Griffith-Boscawen) to represent it as an obligation due to the ownership of the tithe rent-charges or any particular item of the income of the rector, vicar, or incumbent; and that is the only thing relevant to the argument I amusing. That being so, let me deal with the general question raised by the right hon. Gentleman the Member for St. George's, Hanover Square. That brings me back to the division of the property. We have drawn in Clause 8 a line between certain classes of property. I am assuming for the purposes of my observations what I may call the general principle of the Bill.

We have drawn a line between property which is to be handed to the Church or the representative body of the Church—and perhaps for the convenience of Debate I may call it the representative body—a line between the property of the dissolved corporation which is to be handed to the representative body, and property which is to be handed over to the Universities of Wales on certain trust or to the county councils of Wales and district. On what principle have we drawn that division? I endeavoured on a former occasion to explain that in dealing with that property of this dissolved corporation we ought to proceed upon a general equitable principle analogous to those which are followed by the Charity Commissioners and by the Court of Chancery in reference to the formation of new schemes which come within their jurisdiction. I think if we had pursued the original course we could have made a good case for taking over the cathedrals and parish churches of Wales as part of the property to be handed back for general purposes to the Welsh nation. We had a disputation the other day about the form. and I was one of those who in no way went back upon the decision embodied in the Bill. I assert still that, proceeding logically, we might have claimed the four cathedrals and all the parish churches upon a thoroughly sound principle. Of course, hon. Members opposite do not agree. Why do I assert that if we were going to make a new scheme in regard to the property of this dissolved corporation it was, in my judgment, fair to hand over these churches to the representative body. We are dealing with property not in our own discretion, but we are dealing with property which we believe to be in effect, though not technically, national property. Before I could consent to hand over the four cathedrals to the representative body I had to satisfy myself it was the just and proper course to pursue. The reason I ventured to give, and I think all hon. Members on this side of the House will assent to it, is that we are handing over this property to the representative body partly because the Church represented a continuous religious tradition.

I am afraid the right hon. and learned Gentleman is rather going back on previous decisions. The question of repairs is what we are on now

Quite so, and I was explaining that we handed the churches back because we contend that upon whomsoever the legal obligation of repair fell of the four cathedrals and churches, the repairs had been done by the voluntary subscriptions of generous people throughout the length and breadth of the Principality. That is the basis. We handed these churches to the representative body because we recognised the great sacrifices the genuine and zealous adherents of the Church in Wales had displayed in regard to their maintenance and repair. You have repaired them; you treat them as your own building; we. are giving them to you as your own building. and we are offering these buildings upon these terms. Why should you now turn round and say to us that we must undertake the burden of repairing the buildings we hand you over? That is the argument. If the representative body is not ready and willing to take upon itself the burden of repairing the four cathedrals and parish churches of Wales, then I do not think they ought to be given them at all. You have taken them and you assent to the acceptance of these buildings with full notice of the Clauses of this Bill, and now I assert you have no right to turn round and endeavour to cast upon us the burden which you well knew when Clause 8 was passed would fall upon the representative body.

Let me follow the argument of the right hon. and learned Gentleman. Suppose we acknowledge, for the purposes of his argument, that these are national buildings. He also says that the tithe is national property, yet he keeps the tithe for county council purposes, while he hands back the buildings. He keeps the tithes, which have been from time immemorial used for upkeep. If his argument is to be followed out he must see that the just course to be pursued would be to accept this Amendment. There is no question of obligation on the incumbent. Certain obligations fall upon the incumbent of a parish, such as the repair of the house and the upkeep of the land, and so on. He has further duties because he is rector, and he is rector in view of his holding of the rectorial tithe. He may be a perpetual incumbent, but that is rather because he holds the rectorial tithes. These tithes do not make him owner of the chancel, but lay upon him the burden of keeping it in repair, not because he is incumbent of the parish, but because he holds the rectorial tithe. Whoever holds the rectorial tithe is bound to keep the chancel in repair. If you take away the rectorial portion you have also to take away the burden upon the rectorial portion. The Bill does not say so. The Bill particularly says the rectorial tithes of the lay impropriator are to be kept the same as heretofore. All those who support the Bill have acknowledged that the rectorial tithes are bound to repair the chancel, and whoever holds rectorial tithes ought to do that work. I rather agree with the Noble Lord that it is very incongruous for county councils to be called upon to repair the chancels of churches, but it is still more incongruous that county councils should hold rectorial tithes at all. The speech to which we have just listened was a very interesting speech, but wandered a great way round to try to justify the position. The right hon. and learned Gentleman himself has admitted that rectorial tithes have rights which they ought to fulfil. If so, why should rectorial tithes in the hands of county councils be free from the responsibility which rectorial tithes, both before and after the Bill, must perform?

I shall attempt to deal with what was said by the right hon. and learned Gentleman opposite, because one must acknowledge that throughout these Debates, at any rate on legal matters, he has taken great care to be as accurate as possible. Now what he said as regards liability in connection with ecclesiastical buildings really does not exist at all, except in his imagination. Let us see what the truth is. The incumbent, as such, has no liability at all for the chancel, nave, or any other part of the church with regard to repairs. He has no liability of any sort or kind. Let us see where that liability is. There is no one now liable for repairs at all. It is quite true they have been done by voluntary and private subscriptions. They will have to be done exactly in the same way after the Bill is passed, if it is passed, as they are done at the present moment. The right hon. and learned Gentleman had to go back to the old days when there were rates for church repairs, but that has been abolished, and since church rates have been abolished there has been no fund whatever, except that provided by private subscriptions for the repair of the church. There is no liability anywhere. It has been done by private subscription of the Church people in the districts. As regards the chancel, I must point out to the right hon. and learned Gentleman that he is under a complete misapprehension. The chancel stands upon an entirely different footing from the rest of the church. The liability is not upon the incumbent but upon the owner of the tithe—I mean by that the tithe in the ordinary sense—the ownership of the rectorial tithe. That is a matter of ecclesiastical and common law of this country for the last five or six hundred years.

I may be quite wrong in my law, but I am rather surprised at the statement the hon. and learned Gentleman has made, because no less an authority than Lord Coke says that the chancel is to be repaired by the parson. Of course Coke may be wrong and the hon. and learned Gentleman may be right.

That is a very ancient authority, but the word "parson" there, I may tell the right hon. and learned Gentleman as used by Lord Coke, means the owner of the rectorial tithe. I assure the right hon. and learned Gentleman that that is so. The passage which he has quoted from Coke's "Institutes" is an isolated passage which, taken by itself, might be misleading, but I challenge him to find either in Coke or any other ecclesiastical or common law lawyer dealing with these matters whoever said that the incumbent as such has ever been held liable for the repair of the chancel. We know, of course, that in some cases the rectorial tithes are held by laymen, and in that case it is the layman in respect of his ownership of the rectorial tithes who is liable for the repair of the chancel. It does not matter whether a man is a layman, clergyman, parson, or an incumbent, the one test of liability is the ownership of the rectorial tithes. Let me deal for a moment with the application of this Amendment. Hon. Members opposite are generally in favour of attaching to the ownership of land all its obligations, and that is the view put forward by them on many occasions, and yet they are coming forward in a Bill of this kind to detach from the ownership of land an obligation which for centuries has been attached to that land. It is the essence of the ownership of rectorial tithes that you have this obligation, and it is a new doctrine on the part of hon. Members opposite to say that we want the owner- ship of land to be detached from the obligations which have heretofore been placed upon it. But for the accident that this is an ecclesiastical Bill there is not a single hon. Member opposite who would not say that where you have ownership of land that an obligation of this kind which is attached to it ought to be fulfilled. It is common knowledge that the Ecclesiastical Commissioners, as owners of rectorial tithes, repair a large number of chancels. Why should these obligations be taken away? I do not care into whose hands the land happens to be, the obligations upon it should be fulfilled.

I do not suppose anyone would argue that because land comes into the hands of a county council it ought to be free from all the obligations attached to it. Suppose a county council becomes the owner of such land, with the obligation attached to it of maintaining the ancient fabric. Are you going to say that because they have become the owners of that land they ought not to be liable to that obligation? This is a very serious general proposition. I contend that where you have obligations attached to the ownership of land, they ought to be fulfilled, no matter into whoso hands the land happens to be at the time. That is a very strong principle, which we ought on all occasions to enforce to the utmost. I should be very much averse to the notion of a county council going into a church for the purpose of repairing the chancel. I have indicated to my hon. and learned Friend that if these words are to be left out I could not accept his Amendment without words being inserted providing that the money should be handed over to the representative body, who would carry out the obligations as regards the repairs of buildings. I understand that my hon. and learned Friend will be prepared to accept that Amendment when his Amendment becomes the substantive question. I should be out of order in proposing an Amendment to the Amendment of my hon. and gallant Friend at the present moment, but I want to indicate that if the existing words are omitted I shall ask to move an Amendment of that kind, because I could never assent to the proposition that as regards our churches the county councils should by right have access to them for the purpose of repairs to the chancels. This ought to be done by the Church, and it should be the representative body to whom the funds should be transferred. I cordially support this Amendment.

Question put, "That the words proposed to be left out stand part of the Clause."

Division No. 518.]

AYES.

[6.35 p.m.

Abraham, William (Dublin, Harbour)Fitzgibbon, JohnManfield, Harry
Acland, Francis DykeFlavin, Michael JosephMarkham, Sir Arthur Basil
A damson, WilliamGilhooly, JamesMarks, Sir George Croydon
Agnew, Sir George WilliamGUI, A. H.Marshall, Arthur Harold
Alden, PercyGinnell, LaurenceMeagher, Michael
Allen, Arthur A. (Dumbartonshire)Gladstone, W. G. C.Meehan, Francis E. (Leitrim, N.)
Allen, Rt. Hon. Charles P. (Stroud)Glanville, H. J.Middlebrook, William
Arnold, SydneyGoddard, Sir Daniel FordMillar, James Duncan
Atherley-Jones, Llewellyn A.Goldstone, FrankMolloy, Michael
Baker, H. T. (Accrington)Greenwood, Granville G. (Peterborough)Molteno, Percy Alport
Baker, Joseph A. (Finsbury, E.)Greenwood, Hamar (Sunderland)Mond, Sir Alfred M.
Balfour, Sir Robert (Lanark)Greig, Col. J. W.Money, L. G. Chiozza
Baring, Sir Godfrey (Barnstaple)Grey, Rt. Hon. Sir EdwardMorgan, Georgo Hay
Barlow, Sir John Emmott (Somerset)Griffith, Ellis J.Morrell, Philip
Barran, Rowland Hurst (Leeds, N.)Gulney, PatrickMorison, Hector
Barton, WilliamGulland, John WilliamMunro, R.
Beale, Sir William PhipsonHackett, JohnMurray, Captain Hon. Arthur C.
Beck, Arthur CecilHarcourt, Rt. Hon. Lewis (Rossendale)Nannetti, Joseph P.
Benn, W. W. (T. H'mts., St. George)Harcourt, Robert V. (Montrose)Needham, Christopher T.
Bentham, G. J.Hardle, J. KeirNellson, Francis
Bethell, Sir J. H.Harvey, A. G. C. (Rochdale)Nolan, Joseph
Birrell, Rt. Hon. AugustineHarvey, T. E. (Leeds, West)Norman, Sir Henry
Black, Arthur W.Haslam, Lewis (Monmouth)Norton, Captain Cecil W.
Boland, John PiusHayden, John PatrickNuttall, Harry
Booth, Frederick HandelHayward, EvanO'Brien, Patrick (Kilkenny)
Bowerman, C. W.Hazleton, RichardO'Brien, William (Cork)
Boyle, Daniel (Mayo, North)Healy, Timothy Michael (Cork, N.E.)O'Connor, John (Kildare, N.)
Brace, WilliamHolme, Sir Norval WatsonO'Connor, T. P. (Liverpool)
Brady, Patrick JosephHemmerde, Edward GeorgeO'Doherty, Philip
Brocklehurst, W. B.Henderson, Arthur (Durham)O'Donnell, Thomas
Bryce, J. AnnanHenry, Sir CharlesO'Dowd, John
Buckmaster, Stanley O.Herbert, General Sir Ivor (Mon., S.)O'Grady, James
Burke, E. Haviland-Higham, John SharpO'Kelly, Edward P. (Wicklow, W.)
Burns, Rt. Hon. JohnHinds, JohnO'Kelly, James (Roscommon, N.)
Burt, Rt. Hon. ThomasHobhouse, Rt. Hon. Charles E. H.O'Malley, William
Buxton, Noel (Norfolk, North)Hodge, JohnO'Neill, Dr. Charles (Armagh, S.)
Buxton, Rt. Hon. Sydney C. (Poplar)Hogge, James MylesO'Shaughnessy, P. J.
Byles, Sir WilliamHolmes, Daniel TurnerO'Shee, James John
Carr-Gomm, H. W.Holt, Richard DurningO'Sullivan, Timothy
Cawley, Harold T. (Heywood)Hudson, WalterOuthwaite, R. L.
Clancy, John JosephIllingworth, Percy H.Parker, James (Halifax)
Clough, WilliamIsaacs, Rt. Hon. Sir RufusPearce, Robert (Staffs, Leek)
Clynes, John R.Jardine, Sir J. (Roxburgh)Pearce, William (Limehouse)
Collins, Godfrey P. (Greenock)John, Edward ThomasPease, Rt. Hon. Joseph A. (Rotherham)
Collins, Stephen (Lambeth)Jones, Rt.Hon.Sir D.Brynmor (Swansea)Phillips, John (Longford, S.)
Compton-Rickett, Rt. Hon. Sir J.Jones, Edgar (Merthyr Tydvil)Pointer, Joseph
Condon, Thomas JosephJones, H. Haydn (Merioneth)Pollard, Sir George H.
Cornwall, Sir Edwin A.Jones, J. Towyn (Carmarthen, East)Ponsonby, Arthur A. W. H.
Craig, Herbert J. (Tynemouth)Jones, Leif Stratten (Notts, Rushcliffe)Price, C. E. (Edinburgh, Central)
Crawshay-Williams, EliotJones, William (Carnarvonshire)Price, Sir R. J. (Norfolk, E.)
Crean, EugeneJones, W. S. Glyn- (Stepney)Priestley, Sir W. E. (Bradford)
Crumley, PatrickJoyce, MichaelPringle, William M. R.
Cullinan, JohnKeating, MatthewRadford, G. H.
Dalziel, Rt. Hon. Sir J. H. (Kirkcaldy)Kellaway, Frederick GeorgeRaphael, Sir Herbert H.
Davies, David (Montgomery Co.)Kilbride, DenisRea, Rt. Hon. Russell (South Shields)
Davies, Ellis William (Eifion)King, J. (Somerset, North)Rea, Walter Russell (Scarborough)
Davies, Timothy (Lincs., Louth)Lambert, Rt. Hon. G. (Devon,S.Molton)Redmond, John E. (Waterford)
Davies, Sir W. Howell (Bristol, S.)Lambert, Richard (Wilts, Cricklade)Redmond, William Archer (Tyrone, E.)
Davies, M. Vaughan- (Cardigan)Lardner, James Carrige RusheRendall, Athelstan
De Forest, BaronLaw, Hugh A. (Donegal, W.)Richards, Thomas
Delany, WilliamLawson, Sir W. (Cumb'rld, Cockerm'th)Roberts, Charles H. (Lincoln)
Denman, Hon. Richard DouglasLeach, CharlesRoberts, G. H. (Norwich)
Devlin, JosephLevy, Sir MauriceRoberts, Sir J. H. (Denbighs)
Dickinson, W. H.Lewis, John HerbertRobertson, Sir G. Scott (Bradford)
Donelan, Captain A,Low, Sir F. (Norwich)Robertson, J. M. (Tyneside)
Doris, WilliamLundon, ThomasRobinson, Sidney
Duffy, William J.Lyeil, Charles HenryRoch, Walter F. (Pembroke)
Duncan, C, (Barrow-in-Furness)Lynch, A. A.Roche, Augustine (Louth)
Duncan, J. Hardings (Yorks, Otley)McGhee, RichardRoche, John (Galway, E.)
Edwards, Sir Francis (Radnor)Maclean, DonaldRoe, Sir Thomas
Esmonde, Sir Thomas (Wexford)Macnamara, Rt. Hon. Dr. T. J.Rose, Sir Charles Day
Essex, Sir Richard WalterMacNeill, J. G. Swift (Donegal, South)Rowlands, James
Esslemont, George BirnieMacpherson, James IanRowntree, Arnold
Falconer, JamesMacVeagh, JeremiahRunciman, Rt. Hon. Walter
Farrell, James PatrickM'Callum, Sir John M.Russell, Rt. Hon. Thomas W.
Fenwick, Rt. Hon. CharlesM'Kean, JohnSamuel, Rt. Hon. H. L. (Cleveland)
Ferens. Rt. Hon. Thomas RobinsonMcKenna, Rt. Hon. ReginaldSamuel, J. (Stockton-on-Tees)
Ffrench, PeterM'Laren, Hon. H. D. (Leics.)Scanlan, Thomas
Field, WilliamM'Laren, Hon.F.W.S. (Lincs.Spalding)Schwann, Rt. Hon. Sir Charles E.

The Committee divided: Ayes, 281; Noes, 147.

Scott. A. MacCallum (Glas., Bridgeton)Verney, Sir HarryWhite, Patrick (Meath, North)
Sheehy, DavidWadsworth, J.Whitehouse, John Howard
Sherwell, Arthur JamesWalsh, J. (Cork, South)Whittaker, Rt. Hon. Sir Thomas P.
Shorn, EdwardWalsh, Stephen (Lanes., Ince)Whyte, A. F. (Perth)
Smith, Albert (Lancs., Clitheroe)Walters, Sir John TudorWilkie, Alexander
Smyth, Thomas F. (Leitrim)Walton, Sir JosephWilliams, John (Glamorgan)
Snowden, PhilipWard, John (Stoke-upon-Trent)Williams, Llewelyn (Carmarthen)
Soames, Arthur WellesleyWardle, George J.Wilson, Rt. Hon. J. W. (Worcs., N.)
Spicer, Rt. Hon. Sir AlbertWarner, Sir Thomas CourtenayWilson, W. T. (Westhoughton)
Stanley, Albert (Staffs, N.W.)Wason, Rt. Hon. E. (Clackmannan)Wood, Rt. Hon. T. McKinnon (Glas.)
Taylor, Theodore C. (Radcliffe)Wason, John Cathcart (Orkney)Young, Samuel (Cavan, E.)
Tennant, Harold JohnWatt, Henry AndersonYoung, W. (Perthshire, E.)
Thomas, James HenryWebb, H.
Thorne, G. R. (Wolverhampton)Wedgwood, J. C.TELLERS FOR THE AYES—Mr.
Toulmin, Sir GeorgeWhite, J. Dundas (Glas., Tradeston)G. Howard and Captain Guest.
Trevelyan, Charles PhilipsWhite, Sir Luke (Yorks, E.R.)

NOES.

Agg-Gardner, James TynteFetherstonhaugh, GodfreyMount, William Arthur
Amery, L. C. M. S.Finlay, Rt. Hon. Sir RobertNeville, Reginald J. N.
Anson, Rt. Hon. Sir William R.Fisher, Rt. Hon. W. HayesNewman, John R. P.
Anstruther-Gray, Major WilliamFitzroy, Hon. Edward A.Nicholson, William G. (Petersfield)
Baker, Sir Randolf L. (Dorset, N.)Forster, Henry WilliamNicld, Herbert
Balcarres, LordGardner, ErnestO'Neill, Hon. A. E. B. (Antrim, Mid)
Balfour, Rt. Hon. A. J. (City, Lond.)Gastrell, Major W. HoughtonPease, Herbert Pike (Darlington)
Banbury Sir Frederick GeorgeGordon, John (Londonderry, South)Peto, Basil Edward
Baring, Maj. Hon. Guy V. (Winchester)Gordon, Hon. John Edward (Brighton)Pollock, Ernest Murray
Barlow, Montague (Salford, South)Goulding. Edward AlfredPryce-Jones, Col. E.
Barrie, H. T.Grant, J. A.Rawlinson, John Frederick Peel
Bathurst, Hon. A. B. (Glouc, E.)Guinness. Hon. Rupert (Essex, S.E.)Rawson, Col. Richard H.
Bathurst, Charles (Wilts, Wilton)Gwynne, R. S. (Sussex, Eastbourne)Remnant, James Farquharson
Beach, Hon. Michael Hugh HicksHall, Fred (Dulwich)Roberts, S. (Sheffield, Ecclesall)
Benn, Arthur Shirley (Plymouth)Hamersley, Alfred St. GeorgeSamuel, Sir Harry (Norwood)
Bentinck, Lord H. Cavendish-Hardy, Rt. Hon. LaurenceSanders, Robert Arthur
Beresford, Lord CharlesHarris, Henry PercySanderson, Lancelot
Bigland, AlfredHarrison-Broadley, H. B.Smith, Rt. Hon. F. E. (L'pl., Walton)
Bird, AlfredHelmsley, ViscountSpear, Sir John Ward
Blair, ReginaldHenderson, Major H. (Berks)Stanier, Seville
Boyton, JamesHerbert, Hon. A. (Somerset, S.)Stanley, Hon. G. F. (Preston)
Bridgeman, W. CliveHewins. William Albert SamuelStaveley-Hill, Henry
Bull, Sir William JamesHickman, Col. Thomas E.Steel-Maitland, A. D.
Burdett-Coutts, W.Hill, Sir Clement L.Stewart, Gershom
Burn, Colonel C. R.Hoare, S. J. G.Strauss, Arthur (Paddington, North)
Butcher. John GeorgeHohler, Gerald FitzroySykes, Alan John (Ches., Knutsford)
Campbell, Capt. Duncan F. (Ayr, N.)Hope, Major J. A. (Midlothian)Sykes, Mark (Hull, Central)
Campbell, Rt. Hon. J. (Dublin Univ.)Horne, E. (Surrey, Guildford)Talbot. Lord E.
Campion, W. R.Horner, Andrew LongTerrell, Henry (Gloucester)
Carlile, Sir Edward HildredHouston, Robert PatersonThomson, W. Mitchell- (Down, North)
Cassel, FelixHume-Williams, W. E.Touche, George Alexander
Castlereagh, ViscountKebty-Fletcher, J. R.Tryon, Captain George Clement
Cator, JohnKerr-Smiley, Peter KerrValentia, Viscount
Cautley, Henry StrotherKimber, Sir HenryWalker, Col. William Hall
Cecil, Evelyn (Aston Manor)Kinloch-Cooke, Sir ClementWalrond. Hon. Lionel
Cecil, Lord Hugh (Oxford Univ.)Lane-Fox. G. R.Warde, Col. C. E. (Kent, Mid.)
Cecil, Lord R. (Herts, Hitchin)Locker-Lampson, G. (Salisbury)Wheler, Granville C. H.
Chaloner, Colonel R. G. W,Lockwood. Rt. Hon. Lt.-Col. A. R.White, Major G. D. (Lanes Southport)
Chambers, JamesLonsdale, Sir John BrownleeWilliams, Col. R. (Dorset, W.)
Clive, Captain Percy ArcherLyttelton, Rt. Hon. A. (S. Geo.,Han. S.)Willoughby. Major Hon. Claud
Cooper, Richard AshmoleLyttelton, Hon. J. C. (Droitwich)Wilson, A. Stanley (Yorks, E.R.)
Courthope, George LoydMacCaw, Wm. J. MacGeaghWelmer, Viscount
Craig, Ernest (Cheshire, Crewe)Mackinder, Halford J.Wood, John (Stalybridge)
Crichton-Stuart, Lord NinianM'Neill, Ronald (Kent, St. Augustine's)Worthington-Evans, L.
Croft, H. P.Magnus, Sir PhilipWyndham, Rt. Hon. George
Dalziel, Davison (Brixton)Malcolm, IanYate,, Colonel C. E.
Duke. Henry EdwardMiddlemore, John ThrogmortonYounger, Sir George
Eyres-Monsell, Bolton M.Moore, William
Falle, Bertram GodfrayMorrison-Bell, Capt. E. F. (Ashburton)TELLERS FOR THE NOES—Sir
Fell, ArthurMorrison-Bell, Major A. C. (Honiton)A. Cripps and Sir A. Griffith-Boscawen.

I beg to move, in Subsection (4), after the word "Wales," to insert the words "so long as the amount payable under this Section is so paid."

Question, "That those words be there inserted," put, and agreed to.

I am very anxious to understand what exactly this Clause means, and though, owing to the procedure under which we are working, there is very little time indeed to ascertain that, I trust we shall have the benefit of the assistance of the Government. If I understand rightly, what we have done so far is to take away the tithe from the Church, and in Clause 18 we are going to enact that the tithe in the hands of the county councils or of the Welsh Commissioners is to be applied to certain secular purposes. That is an absolute trust affecting the tithe in the hands of the county councils and of the Welsh Commission under Clause 18, and it will operate immediately after the date of Disestablishment. Therefore, every penny of the tithe they receive they will have to apply to those secular purposes. We are asked in Clause 15 to enact that a sum, not the tithe itself, but a sum in substitution for and in satisfaction of the interests which the incumbents at present have in the tithe shall be paid to the incumbents, and that sum shall be made good out of the county funds. I cannot see any other interpretation, and, if I am right, the result will be that the moment the Bill passes, the county councils will have to apply the tithe to certain purposes which are to be afterwards defined, and which we in these Debates have called secular purposes. At the same time the county councils will have to find, out of the county fund, money to pay the income which heretofore was paid out of the tithe to the incumbents who are actually there. The result will be that in each county there will be an addition to the rates equal to the amount of the tithe heretofore raised, which will have to be levied and paid to the existing incumbents. I cannot believe the Government mean that. It seems to me an insane proposal, but I cannot see what it does mean if it does not mean that. It seems quite definite. I know it is very difficult to get the Government to follow these points, but it is very important they should.

I did not catch what the Noble Lord said; that was all.

I know it is very difficult. The tithe by this Bill will be handed over through the Welsh Commissioners to the county councils, and it will be impressed with a trust to be applied to the secular purposes therein set out. That trust will take effect from the date of Disestablishment. By the Clause we are now discussing it is proposed to impose upon the county councils the duty of paying the existing incumbents the income they have got from the tithe. That is made a charge on the county fund, and will have to be levied on the rates. The result will be that they will not be able to apply the tithe they are going to receive to the payment of the incumbents. They are not allowed to do that. It is impressed with a trust for secular purposes by Clause 18, but they are compelled none the less to pay the salaries of the incumbents out of the county funds. The result will be that they will have to raise the rates to pay the existing incumbents of the Church of England in Wales. A more flagrant instance of a State-paid Church it is impossible to conceive. I want to know whether that is what the Government intend, and, if it is not, what on earth the Clause means. There are many other objections I have to this Clause. I think this would be a very suitable opportunity to raise a discussion on the commutation scheme of the Government. We were promised it should be laid before us not later than Saturday or Monday, but it has not been done so yet. That is the way the House will always be treated by a Government working under a guillotine. I venture to assert this Clause could not be passed at all except for the guillotine. The Government, but for it, would have had to have some drastic Clause to put the matter right.

The Noble Lord, so far as I can see, has rather conjured up an unnecessary spectre of the results of the Bill. I do not think there is any such difficulty, either in practice or in theory, as he seems to suggest would be the result! of the passing of this Clause. He asks me, first of all, what is the meaning of the Clause, and he complains it is not the tithe itself which is to be handed over, but some sum which is in substitution of the amount now collected from tithe rent-charge. If he would look back to Clause 8, Sub-section (2), he would see the concluding words of that Sub-section are as follows:

"and in the case of such tithe rent-charge to the obligation to make such provision as is hereinafter mentioned in lieu of such existing interests."

Therefore, we have already passed a Clause which has necessitated, not the payment of tithe, but of some sum in substitution for the actual tithe. Then, he says, the tithe will be paid over for secular purposes, and the county fund will be liable for the annuities payable under the Act. I know of no county, or, indeed, any central exchequer, which actually takes the sovereigns it has received from one particular quarter or source and pays them over for the purpose which is implicated by the Bill which provides for their payment. All that is said, is that the sum which is collected and paid into the treasury shall be collected for that purpose, and that then payments shall be made out for another purpose. That is precisely what takes place with respect to this Clause. A sum will be collected hereafter by the county officers from the payers of tithe rent-charge, and it will be paid into the county treasury, and from out of that county treasury there will be money paid in satisfaction of the annuities payable under the Act.

The right hon. Gentleman does not seem to see my point. It is that the tithe rent-charge will be entirely applicable to the secular purposes of Clause 18, and will not therefore be available for paying the stipends of the clergy; those will have to be found out of the rates.

If the Noble Lord would look at the first words of Clause 18 he would see it is "subject to the provisions of this Act."

The provision is for the payment of the annuities. That is the governing provision of the whole of this Bill—that the collection of tithe by and for ecclesiastical purposes shall cease; that in substitution for existing interests payment shall be made by persons to whom the tithe rent-charge is transferred, and that as those existing life interests die out the amount which is collected from the tithe rent-charge by the county councils shall be used for secular purposes. Those secular purposes do not arise so far as the tithe rent-charge is concerned until these interests are extinguished.

The right hon. Gentleman read the last lines of Clause 8, Sub-section (2). Surely they have to be read with the words higher up in the Clause—

"in the case of all such property, except tithe rent-charge transferred to a county council, to the existing interests of all persons who at the passing of this Act hold ecclesiastical offices in the Church in Wales."
The reference to the tithe rent-charge is—
"to make such provision as is hereinafter mentioned in lieu of such existing interests."
That is the point; the tithe rent-charge has been severed from the other matters.

I am afraid I cannot agree with the right hon. Gentleman. I think not merely the intention, but the provisions of the Bill are as I have pointed out, and I do not think anyone who has followed the Bill closely can really have any doubt about the matter. The Noble Lord said these annuities are made a charge upon the county fund, but they are only made a charge upon the county fund subject to the provisions of the Bill.

I cannot too clearly repeat that, so far as these annuities are paid, they are the first charge upon the tithe rent-charge. It is merely a collection by one hand into the local treasury, and a payment out from the local treasury by the other hand. I think the intention is quite clear, and is quite indisputable. It is to be found in the words of the Act without any ambiguity of any sort whatever.

I only want before the guillotine falls to thank the right hon. Gentleman for his very clear exposition of this Bill. The Clause itself is clear enough, but I think after his exposition it must be clear even to the Noble Lord.

I really think the Committee ought,. as the right hon. Gentleman has introduced Clause 8, to have in mind the words of the Clause. I will read them to the Committee.

"(2) Save as otherwise provided by this Act, all property transferred under this Section shall be held subject to all existing public and private rights with respect thereto, and all tenancies, charges, and incumbrances which may at the date of transfer be subsisting therein, and in the case of ail such property, except tithe rent-charge transferred to a county council, to the existing interests of all persons who at the passing of this Act hold ecclesiastical offices in the Church in Wales, and in the case of such tithe rent-charge to the obligation to make such provision as is hereinafter mentioned in lieu of such existing interests."
That is, all the other property goes to satisfy the existing interests of all persons. In the case of such tithe rent-charge there is an obligation to make such provision as is hereinafter mentioned in lieu of such existing interests. That brings us to the Clause we are now discussing, in which we find that tithe rent-charge is not to go to the existing interests, but to the county councils, who are to pay out of the county funds the equivalent of it. It is therefore evident the Government themselves have made an exception. They have put this in Clause 8 for some reason which we do not yet quite understand, and it seems to me the Noble Lord's contention is right, and whether the Government mean it or not, they are involved in this proposition.

Division No. 519.]

AYES.

[7.1 p.m.

Abraham, William (Dublin, Harbour)Duffy, William J.Kilbride, Denis
Acland, Francis DykeDuncan, C (Barrow-in-Furness)King, J.
Adamson, WilliamDuncan. J. Hastings (Yorks, Otley)Lambert, Rt. Hon. G. (Devon, S.Molton)
Agar-Robartes, Hon. T. C. R.Edwards, Sir Francis (Radnor)Lambert, Richard (Wilts, Crilcklade)
Agnew, Sir George WilliamEsmonde, Sir Thomas (Wexford, N.)Lardner, James Carrige Rushe
Alden, PercyEssex, Sir Richard WalterLaw, Hugh A. (Donegal, West)
Allen, Arthur A. (Dumbarton)Esslemont, George BirnieLawson, Sir W. (Cumb'rld, Cockerm'th)
Allen, Rt. Hon. Charles P. (Stroud)Falconer, J.Leach, Charles
Arnold, SydneyFarrell, James PatrickLevy, Sir Maurice
Baker, H. T. (Accrington)Fenwick, Rt. Hon. CharlesLewis, John Herbert
Baker, Joseph Allen (Finsbury, E.)Ferens, Rt. Hon. Thomas RobinsonLow, Sir Frederick (Norwich)
Balfour, Sir Robert (Lanark)Firench, PeterLundon, Thomas
Baring, Sir Godfrey (Barnstaple)Field, WilliamLyell, Charles Henry
Barlow, Sir John Emmott (Somerset)Fitzgibbon, JohnLynch, A. A.
Barran, Rowland Hurst (Leeds, N.)Flavin, Michael JosephMcGhee, Richard
Barton, W.Gilhooly, JamesMacnamara, Rt. Hon. Dr. T. J.
Beale, Sir William PhipsonGill, A. H.MacNeill, J. G. Swift (Donegal, South)
Beck, Arthur CecilGladstone, W. G. C.Macpherson, James Ian
Benn, W. W. (T. Hamlets, S. Geo.)Glanville, Harold JamesMacVeagh, Jeremiah
Bentham, G. J.Goddard, Sir Daniel FordM'Callum, Sir John M.
Bethell, Sir J. H.Goldstone, FrankM'Kean, John
Birrell, Rt. Hon. AugustineGreenwood, Granville G. (Peterborough)McKenna, Rt. Hon. Reginald
Black, Arthur W.Greenwood, Hamar (Sunderland)M'Laren, Hon. H. D. (Leics.)
Boland, John PiusGreig. Colonel J. W.M'Laren, Hon. F.W.S. (Lincs.,Spalding)
Booth, Frederick HandelGrey, Rt. Hon. Sir EdwardManfield, Harry
Bowerman, C. W.Griffith, Ellis J.Markham, Sir Arthur Basil
Boyle, D. (Mayo, N.)Guest, Major Hon. C. H. C. (Pembroke)Marks, Sir George Croydon
Brace, WilliamGuiney, P.Marshall, Arthur Harold
Brady, P.].Gulland, John WilliamMartin, Joseph
Bryce, J. AnnanHackett, J.Meagher, Michael
Buckmaster, Stanley O.Harcourt, Rt. Hon. L. (Rossendale)Meehan. Francis E. (Leitrim, N.)
Barke, E. Haviland-Harcourt, Robert V. (Montrose)Middlebrook, William
Burns, Rt. Hon. JohnHardle, J. KeirMillar, James Duncan
Burt, Rt. Hon. ThomasHarvey, A. G. C. (Rochdale)Molloy, M.
Buxton, Noel (Norfolk, North)Harvey, T. E. (Leeds, West)Molteno. Percy Alport
Buxton, Rt. Hon. Sydney C. (Poplar)Haslam, Lewis (Monmouth)Mond, Sir Alfred Moritz
Byles, Sir William PollardHayden, John PatrickMoney, L. G. Chiozza
Carr-Gomm, H. W.Hayward, EvanMorgan, George Hay
Cawley, H. T. (Lancs., Heywood)Harleton. RichardMorrell, Philip
Clancy, John JosephHealy, Timothy Michael (Cork, N.E.)Morison, Hector
Clough, WilliamHelme, Sir Norval WatsonMunro, R.
Clynes, John R.Hemmerde, Edward GeorgeMurray, Capt. Hon. A. C.
Collins, Godfrey P. (Greenock)Henderson, Arthur (Durham)Nannetti, Joseph P.
Collins, Stephen (Lambeth)Henry, Sir CharlesNeedham, Christopher T.
Compton-Rickett, Rt. Hon. Sir J.Herbert. General Sir Ivor (Mon., S.)Nellson, Francis
Condon, Thomas JosephHigham, John SharpNicholson, Sir C. N. (Doncaster)
Cornwall, Sir Edwin A.Hinds, JohnNolan, Joseph
Craig, Herbert J. (Tynemouth)Hobhouse, Rt. Hon. Charles E. H.Norman, Sir Henry
Crawshay-Williams, EliotHodge, JohnNorton, Captain Cecil W.
Crean, EugeneHogge, James MylesNuttall, Harry
Crumley, PatrickHolmes. Daniel TurnerO'Brien, Patrick (Kilkenny)
Cullman, J.Holt, Richard DurningO'Connor, John (Kildare, N.)
Dalziel, Rt. Hon. Sir J. H. (Kirkcaldy)Hudson, WalterO'Connor, T. P. (Liverpool)
Davies, David (Montgomery Co.)Illingworth, Percy H.O'Doherty, Philip
Davies, E. William (Eifion)Isaacs, Rt. Hon. Sir RufusO'Donnell, Thomas
Davies, Timothy (Lincs., Louth)Jardine, Sir J. (Roxburgh)O'Dowd, John
Davies, Sir W. Howell (Bristol, S.)John, Edward ThomasO'Grady, James
Davies, M. Vaughan- (Cardiganshire)Jones, Rt. Hon. D. Brynmor (Swansea)O'Kelly, Edward P. (Wicklow, W.)
Dawes, James ArthurJones, Edgar (Merthyr Tydvil)O'Kelly, James (Roscommon, N.)
De Forest, BaronJones, H. Haydn (Merioneth)O'Malley, William
Delany, WilliamJones, J. Towyn (Carmarthen, East)O'Neill, Dr. Charles (Armagh, S.)
Denman, Hon. R. D.Jones, Leif Stratten (Rushcliffe)O'Shaughnessy, P. J.
Devlin, JosephJones, William (Carnarvonshire)O'Shee, James John
Dickinson, W. H.Jones, W. S. Glyn- (T. H'mts, Stepney)O'Sullivan, Timothy
Dillon, JohnJoyce, MichaelOuthwaite, R. L.
Donelan, Captain A.Keating, MatthewPalmer, Godfrey Mark
Doris W.Kellaway, Frederick GeorgeParker, James (Halifax)

It being Seven of the clock, the CHAIRMAN proceeded, pursuant to the Order of the House of the 28th November, 1912, to-put forthwith the Question already proposed from the Chair.

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

The Committee divided: Ayes, 292; Noes, 167.

Pearce, Robert (Staffs, Leek)Roche, John (Galway, E.)Walsh, J. (Cork, South)
Pearce, William (Limehouse)Roe, Sir ThomasWalsh, Stephen (Lancs., Ince)
Pearson, Hon. Weetman H. M.Rose, Sir Charles DayWalters, Sir John Tudor
Pease, Rt. Hon. Joseph A. (Rotherham)Rowlands, JamesWalton, Sir Joseph
Phillips, John (Longford, S.)Rowntree, ArnoldWard, John (Stoke-upon-Trent)
Pointer, JosephRunciman, Rt. Hon. WalterWard, W. Dudley (Southampton)
Pollard, Sir George H.Russell, Rt. Hon. Thomas W.Wardle, George J.
Ponsonby, Arthur A. W. H.Samuel, Rt. Hon. H. L. (Cleveland)Warner, Sir Thomas Courtenay
Price, C. E. (Edinburgh, Central)Samuel, J. (Stockton-on-Tees)Wason, Rt. Hon. E. (Clackmannan)
Price. Sir Robert J. (Norfolk, E.)Scanlan, ThomasWason, John Cathcart (Orkney)
Priestley, Sir W. E. B. (Braford, E.)Schwann, Rt. Hon. Sir C. E.Watt, Henry A.
Primrose, Hon. Neil JamesScott, A. MacCallum (Glas., Bridgeton)Webb, H.
Pringle, William M. R.Sheehy, DavidWedgwood, Josiah C.
Radford, G. H.Sherwell Arthur JamesWhite, J. Dundas (Glasgow, Tradeston)
Raphael, Sir Herbert HenryShortt, EdwardWhite, Sir Luke (York, E.R.)
Rea, Rt. Hon. Russell (South Shields)Smith, Albert (Lancs., Clitheroe)White, Patrick (Meath, North)
Rea, Walter Russell (Scarborough)Smith, H. B. L. (Northampton)Whitehouse, John Howard
Reddy, M.Smyth, Thomas F. (Leitrim, S.)Whyte, A. F. (Perth)
Redmond, John E. (Waterford)Snowden, PhilipWiles, Thomas
Redmond, William Archer (Tyrone, E.)Soames, Arthur WellesleyWilkie, Alexander
Rendall, AthelstanSpicer, Rt. Hon. Sir AlbertWilliams. J. (Glamorgan)
Richards, ThomasStanley, Albert (Staffs., N.W.)Williams, Llewelyn (Carmarthen)
Richardson, Albion (Peckham)Strauss, Edward A. (Southwark, West)Williamson, Sir Archibald
Richardson, Thomas (Whitehaven)Taylor, Theodore C. (Radcliffe)Wilson, Rt. Hon. J. W. (Worcs., N.)
Roberts, Charles H. (Lincoln)Tennant, Harold JohnWilson, W. T. (Westhoughton)
Roberts, G. H. (Norwich)Thomas, J. H.Wood, Rt. Hon. T. McKinnon (Glas.)
Roberts, Sir J. H. (Denbighs)Thome, G. R. (Wolverhampton)Young, Samuel (Cavan, East)
Robertson, Sir G. Scott (Bradford)Toulmin, Sir GeorgeYoung, William (Perth, East)
Robertson, John M. (Tyneside)Trevelyan, Charles Philips
Robinson, SidneyVerney, Sir HarryTELLERS FOR THE AYES—Mr.
Roch, Walter F.Wadsworth, J.G. Howard and Captain Guest.
Roche, Augustine (Louth)

NOES.

Agg-Gardner, James TynteCripps, Sir Charles AlfredLocker-Lampson, G.(Salisbury)
Amery, L. C. M. S.Croft, H. P.Lockwood, Rt. Hon. Lt.-Col. A. R.
Anson, Rt. Hon. Sir William R.Dalziel, D. (Brixton)Lonsdale, Sir John Brownlee
Anstruther-Gray, Major WilliamDuke, Henry EdwardLyttelton, Rt. Hon. A. (Hanover Sq.)
Astor WaldorfEyres-Monseil, B. M.Lyttelton, Hon. J. C. (Droitwich)
Baird, J. L.Falle, Bertram GodfrayMacCaw, Wm. J. MacGeagh
Baker, Sir Randolf L. (Dorset, N.)Fell, ArthurMackinder, H. J.
Balcarres, LordFetherstonhaugh, GodfreyM'Neill, Ronald (Kent, St. Augustine's)
Baltour, Rt. Hon. A. J. (City, Lond.)Finlay, Rt. Hon. Sir RobertMagnus, Sir Philip
Banbury, Sir Frederick GeorgeFisher, Rt. Hon. W. HayesMalcolm, Ian
Baring, Maj. Hon. Guy V. (Winchester)Fitzroy, Hon. Edward A.Middlemore, John Throgmorton
Barlow, Montague (Salford, South)Fleming, ValentineMoore, William
Barrie, H. T.Forster. Henry WilliamMorrison-Bell, Capt. E. F. (Ashburton)
Bathurst, Hon. A. B. (Clone, E.)Gardner, ErnestMount, William Arthur
Bathurst. Charles (Wilts, Wilton)Gastrell, Major W. H.Neville, Reginald J. N.
Beach, Hon. Michael Hugh HicksGibbs, G. A.Newman, John R. P.
Beckett, Hon. GervaseGordon, John (Londonderry, South)Nicholson, William G. (Petersfield)
Benn, Arthur Shirley (Plymouth)Gordon, Hon. John Edward (Brighton)Nield, Herbert
Bentinck, Lord H. Cavendish-Goulding, Edward AlfredO'Neill, Hon. A. E. B. (Antrim, Mid)
Beresford, Lord C.Grant, J. A.Peto, Basil Edward
Bigland, AlfredGuinness, Hon. Rupert (Essex, S.E.)Pollock, Ernest Murray
Bird, A.Guinness, Hon.W.E. (Bury S.Edmunds)Pryce-Jones, Col. E.
Blair, ReginaldGwynne. R. S. (Sussex, Eastbourne)Quilter, Sir William Eley C.
Boscawen, Sir Arthur S. T. Griffith-Hall, Fred (Dulwich)Rawlinson, John Frederick Peel
Boyle, William (Norfolk, Mid)Hamersley, Alfred St. GeorgeRawson, Col. R. H.
Boyton, JamesHamilton, Lord C. J. (Kensington, S.)Rees, Sir J. D.
Bridgeman, W. CliveHardy, Rt. Hon. LaurenceRemnant, James Farquharson
Bull, Sir William JamesHarris, Henry PercyRoberts, S. (Sheffield, Ecclesall)
Burdett-Coutts, W.Harrison-Broadley, H. B.Rolleston, Sir John
Burn, Colonel C. R.Helmsley, ViscountRutherford, Watson (L'pool, W. Derby)
Butcher, J. G.Henderson, Major H. (Berks, Abingdon)Salter, Arthur Clavell
Campbell, Capt. Duncan F. (Ayr, N.)Herbert, Hon. A. (Somerset, S.)Samuel, Sir Harry (Norwood)
Campbell, Rt. Hon. J. (Dublin Univ.)Hewins, William Albert SamuelSanders, Robert A.
Campion, W. R.Hickman, Colonel T. E.Sanderson, Lancelot
Carlile, Sir Edward HildredHill, Sir Clement L.Sandys, G. J.
Cassel, FelixHoare, Samuel John GurneySassoon, Sir Philip
Castlereagh, ViscountHohler, Gerald FitzroySmith, Rt. Hon. F. E. (L'p'l, Walton)
Cator, JohnHope, Major J. A. (Midlothian)Smith, Harold (Warrington)
Cautley, H. S.Horne, E. (Surrey, Guildford)Stanier, Beville
Cave, GeorgeHorner, Andrew LongStanley, Hon. G. F. (Preston)
Cecil, Evelyn (Aston Manor)Houston, Robert PatersonStaveley-Hill, Henry
Cecil, Lord Hugh (Oxford University)Hume-Williams, William EllisSteel-Maitland, A. D.
Cecil, Lord R. (Herts, Hitchin)Hunter. Sir C. R.Stewart, Gershom
Chaloner, Col. R. G. W.Ingleby, HolcombeSykes, Alan John (Ches., Knutsford)
Chambers, J.Kebty-Fletcher, J. R.Sykes, Mark (Hull, Central)
Clive, Captain Percy ArcherKerr-Smiley, Peter KerrTalbot, Lord E.
Coates, Major Sir Edward FeethamKimber, Sir HenryTerrell, G. (Wilts, N.W.)
Cooper, Richard AshmoleKinloch-Cooke, Sir ClementTerrell, H. (Gloucester)
Courthopc. G. LoydLane-Fox, G. R.Thomson, W. Mitchell- (Down, N.)
Craig, Ernest (Cheshire, Crewe)Lawson, Hon. H. (T. H'mts, Mile End)Touche, George Alexander

Tryon, Capt. George ClementWilliams. Col. R. (Dorset, W.)Wyndham, Rt. Hon. George
Valentia, ViscountWilloughby, Major Hon. ClaudYate, Col. Charles Edward
Walker, Col. William HallWilson, A. Stanley (York, E.R.)Younger, Sir George
Walrond, Hon. LionelWolmer, Viscount
Warde, Col. C. E. (Kent, Mid)Wood, John (Stalybridge)TELLERS FOR THE NOES—Major
Wheler, Granville C. H.Worthington-Evans, L.Morrison-Bell and Lord N. Crichton-
White, Major G. D. (Lancs., Southport)Wright, Henry FitzherbertStuart.

Clause 16—(Compensation To Lay Patrons)

The Welsh Commissioners, if application is made to them within six months after the passing of this Act by or on behalf of any person who or whose predecessor in title was at that date entitled to any right of patronage of any benefice affected by this Act, shall, at the expiration of two years from the date of Disestablishment, or, if a vacancy in that benefice occurs after the date of Disestablishment but before the expiration of that period, on the occurrence of the vacancy, pay in compensation for the extinction of that right such an amount as the Welsh Commissioners may think just, so however that the total amount paid by way of compensation in respect of any benefice shall not exceed one year's emoluments of the benefice taken on an average of the three years immediately before the passing of this Act:

Provided that—

  • (1) His Majesty shall not, nor shall any corporation, sole or aggregate, dissolve by this Act, nor shall any trustees, officers, or other persons acting in a public capacity, be entitled to any payment under this Section for or in respect of any right of patronage; and
  • (2) Where any person would, but for the provisions of the Statutes affecting Roman Catholics in reference to conformity to the Established Church, have had at the passing of this Act any such right of patronage he or his successors in title shall be entitled to compensation there for in the same manner as if it had been then actually vested in him; and
  • (3) A trustee or other person occupying a fiduciary position shall not be bound to make an application under this Section; and
  • (4) The compensation paid under this Section shall be paid out of or charged on the property vested in the Welsh Commissioners under this Act, other than burial grounds and the property to be transferred to the representative body, in such manner that the burden thereof may be distributed amongst the University of Wales and the several county councils in proportion to the value of the property transferred to them respectively.
  • I beg to move, in Subsection (1), to leave out the words—"if application is made to them within six months after the passing of this Act by or on behalf of any person who or whose predecessor in title was at that date entitled to any right of patronage of any benefice affected by this Act, shall, at the expiration of two years from the date of Disestablishment, or, if a vacancy in that benefice occurs after the date of Disestablishment but before the expiration of that period, on the occurrence of the vacancy,"

    and to insert instead thereof the words

    "shall, so soon as may be after the passing of this Act, ascertain and by order declare the amount of compensation which ought to be paid to any person or body corporate who or which shall within two years there from make application in writing to this effect for or in respect of any advowson, right of presentation, or nomination to any benefice or cathedral preferment vested in or belonging to such person or body corporate, and affected by the provisions of this Act, and out of any moneys for the time being in their hands."

    This Amendment is followed by consequential Amendments, and perhaps the Committee will allow me to read the main part, so as to show how it will stand in the event of it being carried in its entirety. It will read thus:—

    "The Welsh Commissioners shall, so soon as may be after the passing of this Act, ascertain and by order declare the amount of compensation which ought to be paid to any person or body corporate who or which shall within two years therefrom make application in writing to this effect for or in respect of any advowson, right of presentation, or nomination to any benefice or cathedral preferment vested in or belonging to such person or body corporate, and affected by the provisions of this Act, and out of any moneys for the time being in their hands, pay in compensation for the extinction of that right such an amount as they may think just."

    Then all paragraphs after the words "passing of this Act" will be omitted. The complicated provisions under the Section are got rid of and the question as to what compensation should be paid is placed entirely in the hands of the Welsh Commissioners, it being provided that no inconvenient conditions shall be imposed on lay patrons in the way of having to make application in so short a time as six months, nor should any maximum or minimum of compensation which the Commissioners can pay be placed in the Subsection. It is to be left to them to decide what is the fair value of the living concerned, and to give compensation on that basis. Let me remind the Committee that this is almost verbatim the procedure which was adopted in the Irish Disestablishment Act. It was found to work with little friction, and I fail to see why, in the present case, it should not be adopted again. In discussing this question, we are placed in a somewhat difficult position by the fact that Clause 1 was only partially discussed, and that that part of it which deals with the abolition of private patronage was not discussed at all. It would be quite out of order to go back on a Debate that might have taken place had we been allowed to have it, on Clause 1, but two points connected with the general question do have a very direct bearing upon the question of compensation. In the first place, if it can be shown that the abolition of private patronage has nothing to do with the question of Disestablishment at all, I think that the lay patrons have a very strong case for generous compensation when you are quite unnecessarily depriving them of certain property.

    Secondly, I believe that if it could be shown that private patronage is a scandal, the Government would have strong grounds for saying, in accordance with the precedents of the past, that it is unnecessary to give full compensation to lay patrons. Let me also say in passing, what I think can be proved, that there is no connection between Disestablishment and the abolition of lay patronage. The fact is that in Ireland, where the Church is Disestablished, there are still cases where lay patronage is in force, and in Scotland, where the Church is Established, lay patronage is abolished. Although we may have different opinions as to whether or not lay patronage is an ideal system in the Churchy the fact is incontestable that in point of law and usage lay patronage has been regarded as legitimate property from a very early time up to the present moment. Let me substantiate that statement by certain examples, which I take first of all from Statute law and secondly from actual cases, some of which are within the memory of Members of this Committee. First, take the case of law. Yon have a number of Statutes, from the earliest times up to within a few years ago, under which the right of lay patronage is unquestioned. That is made the stronger from the fact that only recently in the Benefices Act, 1898, certain abuses connected with patronage were abolished, and on that account I think the right of patronage was certainly strengthened. I could quote other Acts of Parliament, but I do not think it is necessary to do so, because I do not suppose that anyone in this Committee will deny the truth of the statement that in point of law private patronage is regarded as heritable property. I find that even a body like the Liberation Society recognises this fact, for in one of their pamphlets, which I own was published some years ago, but which I believe has not since been repudiated by them, they made this statement:—
    "Rightly or wrongly, patronage in private hands has been considered, both by law and usage, as property of which the holder cannot equitably be deprived without an equivalent."
    Let me go on from the position in point of law to what has actually happened in practice. Let me take, first of all, the Irish case, and compare the compensation and the conditions under which it was given in that case with what the Government propose to do under this Sub-section. There, instead of offering the maximum of one year's value of the living, I find that in actual practice the Commissioners gave something more than ten years' value. One year's value of the livings would have amounted to the sum of £55,000 a year, whereas in actual practice I find that the reports of the Church Temporalities Commission show that no less a sum than £775,880 was given—in other words, more than ten years' purchase for the rights. I am aware that since that date there is another case which apparently points in the opposite direction, namely, the Scottish precedent. There, under a Conservative Government, only one year's value was given for a living to a lay patron, but I venture to think that any Member of the Committee who studies the case of Scotch patronage as debated in this House in 1874 will find that there is really no analogy between the two cases. In the first place, private patronage in Scotland had always been regarded as a modern accretion. Twice it was abolished in the course of two centuries, and twice, against the wish of public opinion in Scotland, it was restored by Parliament, and, as every Member of this Committee must know, its restoration led to a whole series of difficulties culminating in the secession of Dr. Chalmers and his followers in the middle of the nineteenth century.

    It therefore came about that when Parliament discussed the question in 1874 and decided that private patronage should be abolished its abolition was, first of all, in accordance with Scottish history; secondly, in accordance with the unanimous demand of the Church as expressed in representative Assemblies; thirdly, it was in accordance with the practice of the Crown, which possessed 360 livings, but though the Crown might have directly appointed, it allowed election in all those 360 livings; and, fourthly, it was in direct accordance with the desire of most of the great holders of private patronage. In one instance the Duke of Argyll, who held ninety advowsons, declared in the House of Lords that he was very anxious that he should be relieved from the responsibility for these appointments and was quite willing to make over his patronage without any compensation at all. The result comes to this, that what the Member of the Government who introduced the Bill in the House of Lords said was absolutely true, that "there was not the slightest similitude whatever in the position of lay patronage in the two countries." Having touched upon these two precedents, let me come to the case of Wales. In Wales there are 290 livings in the hands of laymen—38 livings in the diocese of St. Asaph, 26 in the diocese of Bangor, 123 in the diocese of Llandaff, and 112 in the diocese of St. David's. I have a list of them here, and I find that most of them are small livings of no very great value. possibly averaging about £200 a year. What will happen if the provisions of this Sub-section are carried through without Amendment? The owners of these livings will receive a very inadequate compensation. It would be particularly hard in certain cases, to one or two of which I will draw the attention of the Committee. Take, for instance, the case of the parish of Seven Sisters, in the diocese of Llandaff, where a certain Churchman has quite recently built a church at the cost of £6,000, and has built a vicarage and endowed the parish with £360 a year.

    What would happen if the Sub-section went through in its present form would be that this gentleman would lose the patronage of this living, which has only recently been handed to him, and would only receive one year's value of the living for the very large sum he has recently spent upon it. There is another case also in the diocese of Llandaff, that of Llansawel. There, again, a private benefactor has recently endowed a parish, and under this Sub-section would receive most inadequate compensation for what he has lately done. Take another group of cases, where livings have been transferred from private persons to trustees on the condition of receiving grants from the Ecclesiastical Commission. There, so far as I can see, under Sub-section 2 there will be no compensation at all. That point comes up more directly upon the next Subsection, when I will put before the Committee certain specific cases. What is important in the consideration of what is or is not fair compensation is the actual practice which has been adopted by the Government in the past. Under the Iord Chancellor's Augmentation Act, 1863, the. Crown can sell livings, provided that the proceeds of those livings go to the augmentation of the Endowments. I asked the Home Secretary a question in the summer with reference to cases in which this practice has been adopted and the answer which he gave me was as follows:—There have now been seven cases in which the Crown has sold livings under the Lord Chancellor's Augmentation Act.

    Those livings are, first of all, Grosmont, in the county of Monmouth, where the gross income of the living is £222 17s. 2d. The price which the Crown received was £l,200, in other words, about six years' purchase. The next living was that of Herbrandston, in the county of Pembroke, of the gross value of £264 a year. There the price paid was £2,200 or about nine years' purchase. The next living is that of Ilston, in the county of Glamorgan, of the value of £284 13s. a year, the price paid being £2,222, or eight years' purchase. The next living is Pwllerochan, in the county of Pembroke, with a gross income of £203 14s. 4d. a year, and the price given was £l,100. The next living is Kegidoc, in the county of Denbigh, where the income is £292 12s. 6d., and the price given was £2,500. Montgomery, in the diocese of Hereford, with a value of £516 l1s. 9d., and the sum given was £4,000. In St. Martin, in the diocese of St. Asaph, where the value is £373 a year, and the price given was £3,370. In other words, when the Crown was selling livings to private persons it received, I suppose, on an average eight years' purchase. What makes the case even more marked is the portion of the Act under which these livings were sold which establishes the right of the private person who has bought them. It conies in the Second Schedule of the Lord Chancellor's Augmentation Act. It is in these words:

    "Know all men, that by virtue of the power given to me by the Statute passed and in consideration that the value of the property hereby granted is required by the State and duly secured and paid, I, the undersigned A. B., Lord High Chancellor of Great Britain, do hereby appoint and grant unto C. D. and his heirs all the advowson. etc., subject to the present incumbency to hold under the said C. D., his heirs and assigns for ever for an absolute and indefeasible estate of inheritance."

    With these words in the Act and with the actual prices which the Crown has received for its own livings it seems to me to be nothing short of unjust to say to these private persons, "having given 'these seven or eight years' purchase, and having in the Act this specific statement that the right to your property is indefeasible we will only allow you a maximum of one year's value in compensation." Further, it seems to me, too, to be in direct contradiction to many statements which have been made by Members of the Front Bench during the course of these Debates. We have surely been told often that anyone who can show that he has a legal interest in property shall receive full compensation for it. That was the ground upon which the case of the curates was refused last Friday, that they had not gat a legal right. But here you have the case of men who, whether we approve of the system or not, have an unquestioned legal right through the whole course of our legislation and actual usage, and I cannot see the justice of your proposals to give them less than full value for their right. I do not regard this as one of the most important Clauses in the Bill, nor do I regard my Amendment as in any way a critical one to its safety. It is not critical to the safety of the Bill. It seems to me to be chiefly valuable as providing a further example of the meanness of the compensation Clauses in the Bill generally. It looks as if the one aim and object of the Government was to get as much money in their hands as ever they can. The general question as to whether private patronage is right or is wrong does not come up at all, and the only point to which I wish to draw attention is that this property is recognised legally as indefeasible, and on that account I claim that the Commissioners should be allowed a free hand to settle what is full and fair compensation for the property which the provisions in Clause 1 will take.

    The hon. Member read out a list, which was perfectly accurate, of livings which had more or less recently been sold under the Lord Chancellor's Augmentation Act, but he forgot to mention that the prices given in every case for sale by persons who purchased these advowsons went in entirety for the benefit of the benefice concerned.

    I did not hear it. I am sorry. What I think was not mentioned was that from one's own knowledge of that kind of transaction the purchaser of an adowson in a case of that sort, knowing that the price which he gives for the adowson goes not to the advantage of some individual for his own private benefit, is willing to give a higher price than he otherwise would in order that he may increase the Endowment of the living in which he personally for one reason or another is interested. I think that must not be forgotten, and I think if you took each of these seven or eight cases the hon. Member has alluded to that would be found to be a very substantial consideration in the price paid for the individual living.

    To come to the actual Amendment. The hon. Gentleman said the provisions of the Clause are very complicated, and he proposes an Amendment which will very greatly simplify them. The time under the Clause was only six months, and he wishes to get rid of the maximum which is included in the words of the Clause. His Amendment provides neither maximum nor minimum, but leaves the whole thing to be settled by the Welsh Commissioners. It is quite impossible in considering this matter to forget what was the experience of the Irish case. There was a Report by the Commissioners of Church Temporalities in Ireland upon this very point, and they pointed out that they had been compelled to pay very large sums indeed, far greater than their own judgment would have led them to pay, and far greater than they thought the presentation was worth to the patron, and an enormous sum, which the hon. Gentleman rightly placed at something like £780,000, had to be paid away in order to compensate private patrons for livings which in that case had practically had no market value at all up to the time of the compensation being paid to these lay patrons. I am one of those who think that if it was proposed as a new thing to compensate persons who had the right to appoint persons in holy orders to take spiritual charge of a number of people collected together, there is not a Member of the House who would say it was a desirable practice. In fact, I believe the system is, in many of its aspects, as repulsive a system as could possibly be found. But what happened in the case of the Irish Church when it was free from the system of private patronage? It did not even leave the patronage in the hands of the diocese. It took it entirely out of the hands of any private individual, and a diocesan board was arranged for, consisting of members partly clerical and partly lay, who took over the patronage and administered it partly in conformity with the needs of the diocese and partly in conformity with the wishes of the actual parishioners.

    Here we have a system of private patronage in existence in Wales which, I think, no single person would introduce for the first time if it was proposed to do so to-night, and the hon. Member has pointed out that there are 299 of such private owners. If this were compensated for on the Irish scale it would cost something like £750,000, to be taken either from the public Exchequer or from the revenues of the Church. I cannot contemplate any proposal under all the many Amendments which have been presented to the Bill which would be more harmful to the Church if payment was to be made from Church funds, or more unjust if they were to be taken from the pocket of the taxpayer of this country. The hon. Member quoted the case of a new church built by private munificence and endowed handsomely, and he said, "You are going to deprive the patron of this church of the right to present in future, and you are only going to give him one year's compensation." I think the first person who would repudiate that it had ever been in his mind that he should receive more than the merest nominal acknowledgment of his right to present in the future would be the person who had so munificently endowed this church. The hon. Gentleman did not for a moment contend that when he was endowing this church, with full knowledge that this Bill was in existence and was coming before the House, the question of compensation to him for taking away his right of patronage in the future entered into his mind for a single moment. I understood the hon. Gentleman to ask—why is it necessary to deprive these persons of their right of patronage? You cannot contemplate private persons presenting hereafter persons in Holy Orders to livings in a Disestablished Church.

    There are cases in Ireland where that does go on still. The right to-do so is specially preserved under the Irish Church Act.

    Would the hon. Gentleman contend that any private patron desires to do that in Wales? I do not believe there is a single person connected with the Church in Wales who would desire such an arrangement for a moment, and I shall be surprised if any such claim is put forward by anyone who has a right to speak from the point of view of the Church of England in Wales—anyone living in Wales and knowing the wishes of the people there. The hon. Gentleman rather argued as if we were making no recognition of the legal right. There is a right, and we are making recognition of it. You may say that the recognition is inadequate. I think a person who claims to have personal property in the right of presentation ought not to be given more than, at the outside, one year of the yearly value of the living. He is compensated amply, and more than amply, by the receipt of that sum.

    I do not wish to speak with any great enthusiasm in favour of private patronage, but it must be remembered that this Bill abolishes private patronage in Wales, and if it is the view of anybody that it is for the public benefit to do so, manifestly on every principle ever recognised in this House or outside compensation is due. That is recognised by the law, by statute, and by universal practice wherever there is a legal interest. That recognition is made by one of the provisions of the Bill by giving one year's purchase to the lay patrons who are deprived. The right hon. Gentleman failed absolutely to answer the extraordinarily cogent case made by my hon. Friend (Mr. Hoare), not for prescribing large compensation, but for leaving to the Welsh Commissioners—the nominees of the Government, men whom they are never tired of extolling in this House as people who are likely to be the very quintessence of justice—the decision of the question of how much compensation the lay patrons should have. My hon. Friend's proposal is that that should be left to their unfettered discretion. I do not think that a rag of argument has been brought forward against that proposal. There was absolutely nothing said by the right hon. Gentleman so far as I could gather against it. The right hon. Gentleman referred to the system which he supposed, I am afraid not accurately, was set up in Ireland, and which resulted in exaggerated compensation being given in that country. The case in Ireland was not parallel to the one we are now dealing with. The Bill in Ireland left this subject of compensation to the Irish Commissioners, subject to arbitration. The Temporalities Commission, who reported on this matter afterwards, never said a word against the Irish Commission, but deplored the exaggerated values given by arbitration. What has that to do with the present case? Nothing. If the matter had been left to the Irish Commission, I venture to assume that no such result would have ensued. I think some of us know something of the somewhat generous hand with which Irish Commissioners give in making their awards. The single argument given by the right hon. Gentleman in respect of the Irish case therefore falls absolutely to pieces.

    The proposal in the Amendment is that the Welsh Commissioners themselves should have unfettered discretion. What could be fairer? In the observations made by the right hon. Gentleman he took cases which were decided by my hon. Friend (Sir A. Cripps) under the Lord Chancellor's Augmentation Act of 1863. The right hon. Gentleman admitted with perfect accuracy that my hon. Friend gave no less than seven cases of actual purchase, each averaging about seven or eight years' purchase. The right hon. Gentleman said it would make the Church in Wales unpopular if such generosity were shown there. He said nobody would advocate so much as that, but there is an enormous margin between a maximum of one year's purchase and eight years' purchase. What argument did the right hon. Gentleman adduce for cutting down that which practice has shown to be the period in England? One wishes, especially in this connection, to be entirely reasonable. If I were the tribunal, or if I were appearing before the tribunal, I should not myself advocate eight years' purchase. But that is a different thing from saying that you are only to give a maximum of one year's purchase. Reference has been made to the case of the Seven Sisters Church. It is perfectly right, as the right hon. Gentleman said, that it is a matter of conjecture whether the munificent en-dower of that living would wish compensation for his own private purposes. But when he has spent no less than £20,000 on the equipment of the living, I think he might consider himself entitled to some payment, so that he might give it to the Church. There is no earthly reason for saying that a man who has spent such a sum as that should not be given the alternative of taking from the Government, or the taxpayers if you please, such sum as will enable him to make a large contribution to the Church which is at present receiving such hard measure. Let me refer to a matter with respect to which no answer whatever has been given. There are hon. Gentlemen opposite who hold the opinion, and I dare say there are many on this side, that by abolishing private patronage no great harm is done, and that perhaps a public good is done. But if a public good is done at the expense of private property, do not present it in the eyes of the community as the act of somebody wishing to do good, and niggardly grudging the compensation given for the private patronage.

    I listened with great interest to the speech of the right hon. Gentleman, and I thought there was the tribute due to him which is always due to those who are struggling with very great difficulties. Though I respected the zeal and devotion with which he undertook his particular task, I cannot say that he succeeded very well. Indeed, his speech was altogether irrelevant and altogether ineffective. No part of it combined the elements of relevancy and effect. The first argument he used was that people who had given from religious motives large prices to buy what Parliament described as an indefeasible right, were not entitled to receive compensation, except on a merely nominal scale for the right they had purchased. That is to say, if a person has not only bought an indefeasible right, but is acting generously into the bargain, his right may be treated with less respect than is due to a man of business who is driving a hard bargain. The right hon. Gentleman cited the Irish example, but from his own speech it appeared that the Irish Commissioners did not approve of the prices paid, and yet he adduces that Irish case to show that the Welsh Commissioners ought not to have power to decide the compensation in this case. On the face of his argument it was contradictory. Thirdly, he gave a general discourse on the evils of buying and selling advowsons. It may be an undesirable practice, but not only is it undoubted that people have bought and sold advowsons as matters of property, but the Government admit that there is a legal right in them. You cannot say that the Government is in a dilemma. If it is Simony, you ought not to give a penny, but if it is not, you ought to give fair compensation. But the Government say, "We do recognise the legal right." They do indeed, and I wonder if even in comic opera there ever was a more comic system of doing it. These arc the words of the Bill:—

    "…pay in compensation for the extinction of that right such an amount as the Welsh Commissioners may think just, so however that the total amount paid by way of compensation in respect of any benefice shall not exceed one year's emoluments of the benefice taken on an average of the three years immediately before the passing of this Act."

    8.0 P.M.

    The saving Clause can only have any meaning or force whatever when the Welsh Commissioners think that the price is unjustly small, and when they would be anxious to give more. Was there ever a more absurd way of recognising a legal right than that? To put in a provision securing by law that injustice shall be done, and to secure that what the Commissioners think injustice shall actually take place is to do something which the Government ought to be ashamed to put in a Section of the Bill. The Government inform the Commissioners that they shall be entitled to estimate what is just, and then forbid them carrying that into effect. That is surely of all absurdities the most scandalous. How ought this matter to be dealt with? Surely it ought to be dealt with by saying, if you please, that no such legal right ought to have been allowed to accrue. The State has admitted the right for centuries, and it has said that you must pay a fair sum to those who suffer by the abolition of what ought never, perhaps, to have been set up. My hon. Friend adduced the case of the Lord Chancellor's livings, but there are other similar cases which are overwhelming. It is actually the case that people have invested money for their relatives by purchasing advowsons. I know an English case where a man bought the value of an advowson with the view to its being kept and sold hereafter for the benefit of his wife and children. I do not think that that is at all a desirable thing to do, but many people do it and they do it lawfully with the full consent and approbation of the State, and it is an outrage to come down on them and to say, "We arc only going to give you nominal compensation." My hon. Friend proposes that the Welsh Commission shall determine. They will determine no doubt in the light of modern opinion, which we all more or less share, that this is an undesirable practice, and it is not at all likely that they will give exorbitant or extravagant compensation. Probably, if they err at all, they will err on the side of being too near, but at all events let us leave it to them to determine what is fair, and not put in this provision as to a maximum standard above which by Act of Parliament they are not to be allowed to go.

    The Noble Lord has said that the Commissioners are not to be allowed to give what is fair. I suggest that it is not at all improper to have words very similar to these in an Act of Parliament to lay down distinctly what this House thinks is just, and that what is aimed at is to show that in the view of this House nothing more than one year's purchase should be paid. Personally, I should like nothing more than a nominal some to be paid. I do not think there is justly more than a nominal value in these advowsons. In the first place, we have the cases where the money was paid by people who knew that it was going to swell the revenues of the Church, and they secured that object.

    That is quite true, but for the actual money which they pay they have already got a consideration other than the right to presentation.

    You are taking away from them by the Bill both what they gave and what they got.

    I do not agree for a moment. The bulk of the Endowments are still left. I do think it is not absolutely clear in this Bill where that money does go, but it is money that was paid recently. It is not ancient Endowment, and if it is not clear where that money does go, then it should be made clear in the Bill that the money does go to the Church. On the principles of this Bill I think that this money ought to go to the Church. There is then another case in which money is paid for these advowsons. I think, no doubt, people do buy these advowsons in order to keep them out of the hands of other people, and for that reason in those cases they have got under this Bill that object achieved, because they will be in the hands of the Church body, and not in the hands of members of another Church. The real reason why I think the amount should be nominal is this: If the person who presents presents the fittest person there is no value at all. If he presents a relative who is not a fit person he is doing something which is a gross wrong, and something which this House has no right whatever to recognise. There is no right to compensate a man for a power to present the wrong person. I agree there is something in the feeling that a man has that he is the fittest person to present to a living. That is as far as I can see the total value of an advowson, and I think that that right is adequately compensated by one year's purchase.

    Perhaps the Home Secretary will tell me what is going to happen to the money which is derived from the sale of those advowsons under Lord Westbury's Act. We have been told that we need not give a very full compensation to those people who bought under that Act and gave eight or nine years' purchase, on the average, because they gave more inasmuch as the money was going to augment the stipend of the clergy. Is it clear that that money will be confiscated under the Bill? It will come under the First Schedule as far as I can see: "Property vested in the Ecclesiastical Commissioners which is deemed to be Welsh ecclesiastical property." It will come down, as far as I can see, in Subsection (2) of that Schedule:—

    "Property which belongs to, or is appropriated to the use of, any ecclesiastical office or cathedral corporation in the Church in Wales, or the holder of any such office as such, and which is or has been derived from sources other than Grants made by the Ecclesiastical Commissioners."

    It is money now appropriated to the use of certain benefices, but is derived from proceeds other than grants made by the Ecclesiastical Commissioners. The question arises, Will it not be saved as private benefactions? I submit that it must, because it was money given for the purpose of an ancient property. It was derived from money which was the product of or from the sale of an ancient property. It was not new money. Therefore, it is perfectly clear that the decision on this point will affect very much the view we take on this Amendment. As the hon. Member opposite admitted, if this money is to be confiscated, the whole position is changed, and another Amendment ought to be introduced to safeguard this particular money if the present Clause is persisted in. I want it to be made perfectly clear whether this money is to be confiscated or not. Otherwise the position is most absurd. The Chancellor of the Duchy argued that there was no injustice in giving only one year's compensation to people who purchased an indefeasible right and paid six or seven years' purchase, because they got their quid pro quo elsewhere, because they have the sense that they benefited the Church. But this Bill takes that benefit-away. At all events, the Committee are entitled to know where we stand. If this money, derived from the sale of these advowsons under Lord Westbury's Act, is confiscated under the Bill, some alteration must be made in the present Clause.

    The hon. Gentleman has put a very fair question. Inasmuch as this money was given out of private resources, and that the value of the thing that was bought was for the benefit of the Church at the time, we hold the view that this money, after the Act comes into operation, should go to the Church, and if the Bill is not clear upon that point it shall be made clear. There is no wish, nor has there been the slightest wish, on the part of the Government or on the part of any of my hon. Friends to claim this money. Our view has always been that under Lord Westbury's Act excessive prices, as we all know far beyond what were usually given in the open market, were given for these advowsons, deliberately with the intention of endowing the Church. If the Bill is not clear upon the point I will consult my advisers on the subject, though I do not admit that it is not clear. But should I be advised hereafter that for the sake of safety it is desirable to put an Amendment in paragraph (2) of the First Schedule, such Amendments shall be made. I will give the hon. Gentleman an undertaking upon that point. I agree so far there is some substance in the argument that is being addressed to us. The point put forward by the Noble Lord is absolutely without foundation. He says what precedent is there for such a proceeding as this? That if they are entitled to anything they are entitled to full legal value, and that Parliament has never heard of such a proposal as fixing the limit upon what he describes as the sense of justice of the Commissioners. In this Bill we have followed the precise precedent of the Conservative Government. In 1874 a Conservative Government in the Scottish case had to decide the value of the Scottish advowsons. The hon. Member for Chelsea, the whole of whose speech I regret I did not hear, referred to the Scotch case. That is a precise precedent for what we are doing.

    The point of what I said was that there was no analogy whatever, but that there was simply a case of contrast between the two.

    The hon. Member endeavoured to distinguish between the two cases, but the facts of the two cases are very much the same. We are all agreed that the sale of an advowson is an undesirable thing, and that when we Disestablish the Church in Wales we ought to get rid of this anomaly. The old outstanding question is how much money, if any, ought to be paid. We do not wish to be wiser than what is written, and we refer to the precedents. We have two precedents, the Scotch case and the Irish case. We find as an historical fact, which anyone can verify for himself, that in the Irish case the question of settling the amount to be paid for these advowsons gave the very greatest difficulty to the Irish Commissioners. We do not desire, if we can avoid it, to give the same difficulty to the Welsh Commissioners. In the Irish case I think upwards of three and a quarter million pounds of public money was paid in order to buy out 331 advowsons. I know it is difficult to say to the Commissioners what price ought to be paid as the value at any moment of these gifts, but no doubt if the matter were left open in the Bill the Commissioners would be bound to have regard to the price paid under Lord Westbury's Act. We want to avoid that. We think that Lord Westbury's Act affords no guide at all, and we say the prices paid under Lord Westbury's Act were paid for the purpose of Re-endowing the Church. We say that the value ought to be no more than the nominal value, and that in no case should the value be more than one year's emoluments, to be given for these advowsons. I think that limit is reasonable, and I hope that hon. Members will abate their interest in this subject when I assure them that so far as the sales of the Lord Chancellor's livings under the Lord Westbury Act are concerned, they shall go to the Disestablished Church.

    I have listened with the closest attention to the Home Secretary, but he does not seem to me to have touched the question raised by the Amendment. In this Clause you recognise the existence of a legal right. It seems to me that you have felt yourselves obliged to recognise the existence of that legal right, though you do not like it. You have not got the courage to abolish it altogether, and so you compromise with your conscience and determine that although you must recognise the existence of this legal right you will give as little compensation as possible. It is common knowledge that under the protection of the law this right to presentation exists; sometimes it has been bought, and it has been regarded as a property. If you thought that wrong you should have stopped it. But you have not stopped it. The thing exists, and is recognised as a species of property, and you cannot do away with it altogether without some form of compensation. The body whom you have appointed you boast of as an independent body of men, in whose hands you place the duty of doing what you say is "just." If that be so, why limit it, and limit it to such a sum as one year's emolument, if you have any confidence in these gentlemen? Why use the word "just"—it is an unfortunate one for you—give such compensation as seems to them "just"—if you limit the amount. The cases must differ tremendously. In one case, it may be, that a very few pounds would be ample, while there may be other cases in which more would be required. A case was cited by the hon. Member for Chelsea (Mr. Hoare), in which a man had recently spent as much as £20,000 in the interest of the Church, and who may be bitterly aggrieved because the Church, as a whole, is being Disestablished and Disendowed. He may have been perfectly willing to endow the Church in the circumstances in which he did so, and he may be extremely unwilling to have this presentation taken from him.

    The Commissioners might think it just, or they might not think it just, but if you have any confidence in them at all, in the name of common sense why limit their powers in the way you seek to do in this Clause? I cannot follow the present attitude of the Government unless they have in mind the thunders of the so-called revolting Welsh Members, which have not yet been heard. In fact, the only splendid and heroic figure that remains is that of the hon. and learned Member for Carmarthen (Mr. Llewelyn Williams), who occasionally stands and flashes defiant lightnings at the Home Secretary, and carries his independence almost to an extreme. A little time ago in my hearing he publicly announced in this House that things had come to such a pass that in future he should vote as he pleased. That was such a startling departure. I presume, from the ordinary practice of himself and his Friends that he justified the emphasis which he gave it. I think that the suggestion made by my hon. Friend is just, and I press it upon the Home Secretary.

    With regard to the question of the Scotch Church, the Mover of the Amendment made it quite clear that there was no parallel between the Scotch case and the present case. The only parallel which he adduced was the fixed maximum rate of one year's purchase. What are the facts with regard to the Scottish case? The matter was very fully debated in the House of Lords, where the Duke of Richmond, in the course of his speech made these three points quite clear. First, he said the English and Scotch cases are not parallel; secondly, in Scotland the presentation at that time was only worth one year's purchase, while in England it was worth sixteen years' purchase; thirdly, he went on to say, in Scotland there were then 300 Crown livings, and 1,100 private patrons, of whom at least one-half did not exercise their private right of patronage at all. The Duke of Argyll, in a very strong speech, dealt with the subject. He said:—

    "The only complaint I make is that in assigning one year's stipend of the living as the amount of compensation. my Noble Friend is giving patrons very much more than they could ever get in the market."
    Nobody can suggest that of the Government proposals of to-day. He went on to allude to the parishioners' right of veto, which imposed limitations on the patron's rights. The right of veto which existed in Scotland gave to the residents in a parish the right to refuse the nomination of the patrons, and, owing to the existence of that right, the patron's right was unsaleable. In fact, he used these words:—
    "And the qualifications were so serious that patronage has practically become unsaleable. I hardly ever hear of livings being sold at all. No doubt patronage is transferred with an estate or exchanged for other patronage. I have never heard of their being sold for money, and if they were they would bring nothing."
    It is perfectly idle after that evidence as to the Scottish case to suggest that there is a parallel as between the Scottish precedent of 1874 and the one year's limitation proposed in this Bill. It is true that in the Benefices Act of 1898 there were very considerable limitations intended to enforce the trust character of advowsons, because advowson has been admitted to be a kind of property which is saddled with a trust, and the Act of 1898 did a good deal to emphasise the trust character of advowsons. It is quite right that you have to an extent restricted the property value of the advowson, but it is quite clear to anyone of any conscience that the market value of the advowson is considerably more than one year's purchase suggested in this Bill.

    The Chancellor of the Duchy referred to the case of the Irish Commissioners, and said that they complained that the arbitration proceedings under the Act had forced up the price too high. It is notorious that under the Act the Commissioners themselves, quite apart from any case of arbitration, were going to propose eight years' purchase, and therefore the fact that arbitration forced the number of years' purchase up to ten does not in any way entitle the Chancellor of the Duchy to use that, because the Commissioners themselves would have given a great deal more than is proposed on this occasion. The Chancellor of the Duchy said, "Look at the case of Ireland, which did not revert when it had the chance to private patronage." I have had, as many interested in Church matters have had, to consider the Irish case pretty fully, and especially Irish patronage practice. I will say this, that there are many who have reason to think that the system in Ireland at present suffers from considerable defects. I am not one of those who agrees with the present arrangements in England with regard to advowsons. I would like to see them seriously modified, if not altered altogether, but the two Royal Commissions that sat within the last few years and inquired into advowsons both said the same thing, namely, that the present system of private patronage does secure an infusion of new life in various parts of England, into parishes which other systems do not secure. When the Chancellor of the Duchy said that the Irish Church did not revert to private patronage, he leaves it to be assumed that they have got a perfect system, but he appears to be quite ignorant of the criticism which is levelled at the Irish system by those who have to work under it, namely, that you have a system by which you do not get fresh blood into the diocese, but that all promotions and appointments are of the nature of diocesan arrangements.

    I should just like to answer one or two points on the general question of patronage raised by the Chancellor of the Duchy; and then I will put a case to the Home Secretary, and I want him to consider it in connection with the point he has conceded as to Lord Westbury's Act. The great point made by the Chancellor of the Duchy was that patronage was impossible or unthinkable in the theoretic realm of the free Church. I ventured to interject, "What is the fact?" Under Section 70 of the Irish Act the rights of private patrons in regard to endowed chapelries where the money was given privately, or as the result of private benefaction, were expressly secured and maintained. You have to this day in Ireland this very right of private patronage exercised in certain cases, a right which the Chancellor of the Duchy said was theoretically incompatible with the existence of a free Church altogether. Not only that, but it is a very curious fact, which like a good many others seems to have escaped the notice of hon. Gentlemen opposite, that when this matter was discussed in the Bill of 1895, and when attention was drawn to this matter, and to the notice of the present Prime Minister, who was in charge of that Bill, he at once said, "Very well, we must make an arrangement when we come to the Clause to see that a similar provision is made in the Welsh Bill to safeguard the rights of private patrons, who have given money for the endowment of churches under the same conditions as money was given under Section 70 of the Irish Act." That Clause was never reached in the Bill of 1895 for certain very obvious reasons relating to the very happy demise of that Bill. The fact remains and is on record, and I can give the reference, that the Prime Minister said he would make that concession and that it was obviously right to make it.

    We are told that it is impossible to have private patronage in a free Church. Why not? The condition of things which made old canon lawyers lay down the provision as to advowsons from which our present law as to adowson is derived, was this, that it was a perfectly right and proper principle and one which accorded with the facts of human life for the Church to say if any man comes forward and builds and endows a church he is a proper person to have the right of suggesting to the bishop the name of a man who would be a fit and proper clerk to discharge the duties. The bishop has a veto, and the arrangement is one which, both in equity and common sense, is perfectly right and reasonable. Something very like that is growing up in the Free Colonial Churches at this very day—that is to say, those who have by their acts of munificence helped to endow the church have their wishes considered in the nomination of a fit and proper person.

    So far as the instance I have in mind goes the law of the new Churches is not sufficiently developed on the point. The case put against us was that under no circumstances ought a private person to have any right of nomination whatever. I say that the growing practice of Free Churches is to recognise some right of nomination. How far it goes at the moment is not quite clear.

    I beg the Home Secretary's pardon; I speak about things of which I know, and I tell him there is a practice of this kind of which I can give him several instances.

    I do not think it is necessary for the Home Secretary to instruct me as to the nature of an advowson. What I do say is this, that a position of affairs where you recognise in the private individual some right of nomination is not a state of affairs incompatible with a Free Church.

    Episcopal Churches. That does not make any difference. For the purposes of this argument an Episcopal Church is a Free Church. In the Garden City at Hampstead you will find an arrangement recently made very much on these lines. Now with regard to Lord Westbury's Act, the Home Secretary has stated that he will see that a Clause is inserted securing to the Church the capital sums given under that Act, and which went under the Act to the Endowment of the Churches in connection with which the money was paid. There are many cases of a kind not at all dissimilar under the Church Buildings Act and the New Parishes Act, where money was given in connection with the building and endowing of the Churches, and where in consideration of that money having been given, the patronage was assigned to certain persons. It will be put against me that, generally speaking, the patronage in these cases is put into trust. I hope we shall be allowed to discuss the next Clause relating to public trustees. It is extremely difficult under a recent decision of a Court of Appeal to say what is a public trust of patronage and what is not. If that decision is correct, and no steps have been taken to amend the law as laid down by it, these so-called trusts are not trusts at all, and the individuals hold as individuals and not as trustees. There must be a good many cases of trusts of this character in connection with the Welsh Church. Not only so, but there are a certain limited number of cases where individuals who have given funds for Churches in connection with their Endowment or construction have had the patronage handed over to them directly. If money given under Lord Westbury's Act constitutes a strong case, and I gather that the Home Secretary thinks it docs, these cases, where money is given in connection with a particular Church and the patronage or advowson has been handed over to individuals as a result of their gifts, constitute equally strong cases. I hope that the Amendment when drawn will be in such wide terms that it will include cases of this kind, if there are any, and I believe there are, within the area of this Bill.

    This Debate has brought out one or two very extraordinary facts. The first that struck me was that the Noble Lord the Member for Oxford University (Lord Hugh Cecil) should have got up to defend a practice which I always understood his school of ecclesiastical thought looked upon as simony. I fully expected him to denounce the whole practice, instead of which he denounced the Government for being stingy in recognising the value of the private presentation of benefices. The other fact is so extraordinary that it is worth putting on record. We have had, almost for the first time, the private secretary of a Cabinet Minister speaking in support of this Bill. I know it is not the first time the hon. Member has done so; but it is such a rare occurrence that it quite startled me. It also so startled the Opposition that they kept interrupting my hon. Friend all the time he was speaking. I hope that his excellent example will be followed, and that in the near future we shall have, shall I say the private secretary to the Prime Minister and the private secretary to the First Lord of the Admiralty, and other private secretaries. Who knows but that by the time the discussion of this Bill comes to an end we may get an Ecclesiastical Commission appointed by the Government standing up in favour of some Clause or other of this Bill? It may be that we will have the right hon. Gentleman, the Member for the Spen Valley Division (Sir T. Whittaker), who has received honours and dignities at the hand of the Government since they adopted the principle of Disestablishment and Disendowment.

    This is rather wide of the particular Amendment under discussion.

    I will bring that portion of my remarks to a close. I heartily concur with what the Home Secretary said in regard to cases under Lord Westbury's Act. I confess that I thought those cases were provided for under the Bill. If they are not, every Welshman will agree that provision should be made in regard to them. An hon. and learned Member opposite taunted me with the fact that I had attacked the Home Secretary. I have never said a word against any proposal of the Home Secretary as adumbrated in the Bill. I have been loyal to the Bill; I have been almost too loyal to it; that is the head and front of my offending. I am delighted to hear that the Home Secretary, with his usual genial good nature, is willing to meet any possible fear that may exist on the other side with regard to the fate of those gentlemen who became patrons of livings under Lord Westbury's Act. But I take leave to doubt very much whether any of these private patrons in Wales wish to be compensated further than they are compensated by the Bill. I am glad to see one representative of a Welsh constituency on the other side who takes sufficient interest in this portion of the Bill to be present during its discussion. I would like to ask him whether he has received any protest from any private patron in Wales about the provisions of this Clause. Personally, I have never heard a single such protest; I have never seen a letter in any paper; and if my hon. Friend opposite knows of any such instances I should be glad if he would give us the benefit of them. I believe that private patrons are amply satisfied with the provisions of this Clause. What happens now? My knowledge of the private patronage of ecclesiastical livings is limited, but the little that I know tends to make me believe that private patrons do not like to exercise the right of presentation. They have outgrown the musty ecclesiasticism to which the hon. and learned Gentleman opposite (Mr. Barlow) seems to pay a tribute even at this time of day. What has happened every time that a private living has become vacant within my experience of late years is that the private patron has handed over the patronage to the bishop—a very proper way of doing it. When hon. Members talk about precedents, especially the Noble Lord the Member for Oxford University, I confess I am a bit amazed. There are, so far as I know, three precedents only, two of which have already been mentioned in the course of the Debate. The last one was in 1874, and was the precedent which the Home Secretary has already alluded to. The provisions of the Act of 1874, passed by a Conservative Government at a time when the Conservative Government was under the leadership of one of the greatest of its leaders, Mr. Disraeli, contained a provision precisely similar to the provision of this Clause. The provision in the Irish Act of 1869 was different, but everybody agrees that that precedent was one which ought never to be followed again in any circumstances by this House. There is another precedent, a very much older one, the precedent where Parliament deprived the Roman Catholics who were private patrons of their right to present the livings. The first Act, if I remember rightly, was passed in the time of James I. There was another in the time of William and Mary, another in the time of Queen Anne, and the last was either in the reign of George II. or George III. What was done with private patronage in the case of Roman Catholics was the taking of it away and giving it partly to the University of Oxford and partly to the University of Cambridge.

    So far as I know, not a penny was paid in compensation for the invasion of that right, so that Parliament has never looked upon advowsons as being private property in the ordinary sense of the term. In view of the fact that private patrons today in Wales have never made any protest against the provisions of this Bill, I do not see why the Government should be asked to depart from precedent. As a matter of fact, this is only another instance of the way in which hon. Members opposite want to deprive the Welsh people of what belongs to them. They say now that they are very anxious to look after the private patron. As I pointed out, that is not the history of the question of this country. Mr. Disraeli once said in this House that "treason to be successful must be patrician." I am beginning to believe that if Disendowment is to be thorough, it ought to be carried out by aristocracy. Because in the time of James I. and of William and Mary—

    I do not quite recognise the relevancy of the hon. Member's remarks.

    Well, Mr. Maclean, with great deference—[HoN. MEMBERS: "Order."]

    They would possibly be in order on a discussion that the Clause stand part, but not on this Amendment.

    I was just referring to the fact that in the time of James I. and of William and Mary that there was no talk of giving compensation to private patrons.

    The hon. Member challenged me on this point of no compensation. What happened was that so long as the living remained in Catholic hands the right of presentation was given to either Oxford or Cambridge, but the property in the living remained in the hands of the owner. Therefore, if he disposed of it, he required the purchase price. That is con

    Division No. 520.]

    AYES.

    [8.53 p.m.

    Abraham, William (Dublin, Harbour)Cullinan, J.Havelock-Allan, Sir Henry
    Acland, Francis DykeDavies, David (Montgomery Co.)Hayden, John Patrick
    Adamson, WilliamDavies, E. William (Eifion)Hayward, Evan
    Adkins, Sir W. Ryland D.Davies, Timothy (Lincs., Louth)Hazleton, Richard
    Agnew, Sir George WilliamDavies, Sir W. Howell (Bristol, S.)Healy, Timothy Michael (Cork, N.E.)
    Ainsworth, John StirlingDawes, James ArthurHemmerde, Edward George
    Alden, PercyDelany, WilliamHenderson, Arthur (Durham)
    Allen, Arthur A. (Dumbarton)Denman, Hon. R. D.Herbert, General Sir Ivor (Mon., S.)
    Allen. Rt. Hon. Charles P. (Stroud)Devlin, JosephHigham, John Sharp
    Arnold, SydneyDillon, JohnHinds, John
    Baker, Joseph Allen (Finsbury, E.)Donelan, Captain A.Hobhouse, Rt. Hon. Charles E. H.
    Balfour, Sir Robert (Lanark)Doris, W.Hodge, John
    Baring, Sir Godfrey (Barnstaple)Duffy, William J.Hogge, James Myles
    Barnes, G. N.Duncan, C. (Barrow-in-Furness)Howard, Hon. Geoffrey
    Barran, Rowland Hurst (Leeds, N.)Duncan. J. Hastings (Yorks, Otley)Hudson, Walter
    Barton, W.Edwards, Sir Francis (Radnor)Illingworth. Percy H.
    Beale, Sir William PhipsonEsmonde, Sir Thomas (Wexford, N.)Isaacs, Rt. Hon. Sir Rufus
    Benn. W. W. (T. Hamlets, St. Geo.)Esslemont, George BirnieJohn, Edward Thomas
    Bentham, G. J.Farrell, James PatrickJones, Rt.Hon.Sir D.Brynmor (Swansea)
    Bethell, Sir J. H.Firench, PeterJones, Edgar (Merthyr Tydvil)
    Black, Arthur W.Field, WilliamJones, H. Haydn (Merioneth)
    Boland, John PiusFitzgibbon, JohnJones, J. Towyn (Carmarthen, East)
    Booth, Frederick HandelFlavin, Michael JosephJones, Leif Stratten (Notts, Rushcliffe)
    Bowerman, C. W.Gilhcoly. JamesJones, W. S. Glyn- (T. H'mts, Stepney)
    Boyle. D. (Mayo, N.)Gill, A. H.Joyce, Michael
    Brace, WilliamGinnell, L.Keating, Matthew
    Brady. P. J.Gladstone, W. G. C.Kellaway, Frederick Govge
    Brocklehurst. W. B.Goddard, Sir Daniel FordKilbride, Denis
    Bryce, J. AnnanGoldstone, FrankKing, J.
    Buckmaster, Stanley O.Greenwood, Hamar (Sunderland)Lambert, Richard (Wilts, Cricklade)
    Burke, E. Havlland-Greig, Colonel J. W.Lardner, James Carrige Rushe
    Burns, Rt. Hon. JohnGriffith, Ellis J.Lawson, Sir W. (Cumb'rld, Cockerm'th)
    Burt, Rt. Hon. ThomasGuest, Major Hon. c H. C. (Pembroke)Levy, Sir Maurice
    Byles, Sir William PollardGuest, Hon. Frederick E. (Dorset, E.)Lewis, John Herbert
    Cawley, H. T. (Lancs., Heywood)Guiney, P.Lundon, Thomas
    Clancy, John JosephGulland, John WilliamLynch, A. A.
    Clough, WilliamHackett, J.McGhee, Richard
    Collins, Stephen (Lambeth)Harcourt, Rt. Hon. L. (Rossendale)MacNeill, J. G. Swift (Donegal, South)
    Compton-Rickett, Rt. Hon. Sir J.Harcourt, Robert V. (Montrose)Macpherson, James Ian
    Condon, Thomas JosephHardie, J. KeirMacVeagh, Jeremiah
    Cornwall, Sir Edwin A.Harvey, A. G. C. (Rochdale)M'Callum, Sir John M.
    Crean, EugeneHarvey, T. E. (Leeds, West)McKenna, Rt. Hon. Reginald
    Crumley, PatrickHaslam, Lewis (Monmouth)M'Laren, Hon. F.W.S. (Lincs.,Spalding)

    clusively recognised by the present Bill, because the present Bill pays compensation for the proprietary rights.

    The Catholic was deprived from that time till now of the right of presentation unless he became a Protestant. I say it is not care for the interests of the private patron that animates hon. Members opposite, but the spirit of revenge against the people of Wales because they dare to ask for religious liberty.

    The hon. Gentleman opposite asked me whether I have received any protests from private patrons. To their credit be it said I have received none. They are quite prepared to leave the matter to Parliament, but I hope that these private interests will be treated fairly and generously in the interests of patrons of the Church.

    Question put, "That the words proposed to be left out stand part of the Clause."

    The Committee divided: Ayes, 233; Noes, 99.

    Manfield, HarryOuthwaite, R. L.Sherwell, Arthur James
    Markham, Sir Arthur BasilPalmer, Godfrey MarkSmith, Albert (Lancs, Clitheroe)
    Marks, Sir George CroydonParker, James (Halifax)Smyth, Thomas F. (Leitrim, S.)
    Marshall, Arthur HaroldPhillips, John (Longford, S.)Snowden, Philip
    Martin, JosephPointer, JosephSpicer, Rt. Hon. Sir Albert
    Meagher, MichaelPollard, Sir George H.Stanley, Albert (Staffs, N.W.)
    Meehan, Francis E. (Leitrim, N.)Ponsonby, Arthur A. W. H.Strauss, Edward A. (Southwark, West)
    Middlebrook, WilliamPrice, C. E. (Edinburgh, Central)Taylor, Theodore C. (Radcliffe)
    Molloy, M.Price, Sir Robert J. (Norfolk, E.)Thomas, J. H.
    Molteno, Percy AlportPriestley, Sir W. E. (Bradford)Thorne, G. R. (Wolverhampton)
    Mond, Sir Alfred MoritPrimrose, Hon. Neil JamesToulmin, Sir George
    Money, L. G. ChiozzaPringle. William M. R.Trevelyan, Charles Philips
    Morgan, George HayRadford, G. H.Verney, Sir Harry
    Morrell, PhilipRea, Rt. Hon. Russell (South Shields)Wadsworth, J.
    Morison, HectorRedmond, John E. (Waterford)Walsh, J. (Cork, South)
    Muldoon, JohnRedmond, William Archer (Tyrone, E.)Walsh, Stephen (Lancs, Ince)
    Munro, R.Rendall, AthelstanWard, John (Stoke-upon-Trent)
    Nannetti, Joseph P.Richards, ThomasWard, W. Dudley (Southampton)
    Needham, Christopher T.Richardson, Albion (Peckham)Wardle, George J.
    Neilson, FrancisRoberts, Charles H. (Lincoln)Watt, Henry A.
    Nolan, JosephRoberts, G. H. (Norwich)White, J. Dundas (Glasgow, Tradeston)
    Norton, Captain Cecil W.Roberts, Sir J. H. (Denbighs)White, Sir Luke (Yorks., E.R.)
    Nuttall, HarryRobertson, Sir G. S. (Bradford)White, Patrick (Meath, North)
    O'Brien, Patrick (Kilkenny)Robertson, John M, (Tyneslde)Whyte, A. F. (Perth)
    O'Connor, John (Kildare, N.)Robinson, SidneyWilkie, Alexander
    O'Connor, T. P. (Liverpool)Roch, Walter F.Williams, J. (Glamorgan)
    O'Doherty, PhilipRoche, Augustine (Louth)Williams, Llewelyn (Carmarthen)
    O'Donnell, ThomasRoe, Sir ThomasWilson, Rt. Hon. J. W. (Worcs., N.)
    O'Dowd, JohnRowlands, JamesWilson, W. T. (Westhoughton)
    O'Kelly, Edward P. (Wicklow, W.)Rowntree, ArnoldWood, Rt. Hon. T. McKinnon (Glas.)
    O'Kelly, James (Roscommon, N.)Russell, Rt. Hon. Thomas W.Young. Samuel (Cavan, East)
    O'Malley, WilliamSamuel, Rt. Hon. H. L. (Cleveland)Young, William (Perth, East)
    O'Neill, Dr. Charles (Armagh, S.)Samuel, J. (Stockton-on-Tees)
    O'Shaughnessy, P. J.Scanlan, ThomasTELLERS FOR THE AYES—Mr.
    O'Shee, James JohnSeely, Col. Rt. Hon. J. E. B.William Jones and Mr. Webb.
    O'Sullivan, TimothySheehy, David

    NOES.

    Anson, Rt. Hon. Sir William R.Gibbs, G. A.Peto, Basil Edward
    Baird, J. L.Gordon, Hon. John Edward (Brighton)Pollock, Ernest Murray
    Baker, Sir Randolf L. (Dorset, N.)Gretton, JohnPryce-Jones, Col. E.
    Balcarres, LordGuinness, Hon. W.E. (Bury S.Edmunds)Rawlinson, John Frederick Peel
    Baring, Ma). Hon. Guy V. (Winchester)Hall, Fred (Dulwich)Rawson, Col. R. H.
    Bathurst, Hon. A. B. (Glouc, E.)Hamersley, Alfred St. GeorgeRees, Sir J. D.
    Beach, Hon. Michael Hugh HicksHamilton, Lord C. J. (Kensington, S.)Roberts, S. (Sheffield, Ecclesall)
    Bentinck, Lord H. Cavendish-Hardy, Rt. Hon. LaurenceRutherford Watson (L'pool, W. Derby)
    Bigland, AlfredHelmsley, ViscountSalter, Arthur Clavell
    Blair, ReginaldHenderson, Major H. (Berks, Abingdon)Sanders, Robert A.
    Boscawen, Sir Arthur S. T. Griffith-Herbert, Hon. A. (Somerset, S.)Sanderson, Lancelot
    Boyle, William (Norfolk, Mid)Hohler, Gerald FitzroyScott, Leslie (Liverpool, Exchange)
    Boyton, JamesHope. Major J. A. (Midlothian)Smith, Harold (Warrington)
    Bridgeman, W. CliveHorne, E. (Surrey, Guildford)Spear. Sir John Ward
    Burn, Colonel C. R.Horner, Andrew LongStanier, Beville
    Campion, W. R.Houston, Robert PatersonStanley, Hon. G. F. (Preston)
    Carlile, Sir Edward HildredHume-Williams, William EllisSykes, Alan John (Ches., Knutsford)
    Cecil, Evelyn (Aston Manor)Jardine, Ernest (Somerset, East)Sykes, Mark (Hull, Central)
    Cecil, Lord Hugh (Oxford University)Kerr-Smiley, Peter KerrTalbot, Lord E.
    Cecil. Lord R. (Herts, Hitchin)Kimber, Sir HenryThomson, W. Mitchell- (Down, N.)
    Chaloner, Col. R. G. W.Law. Rt. Hon. A. Bonar (Bootle)Touche, George Alexander
    Clive, Captain Percy ArcherLyttelton, Rt. Hon. A. (Hanover, Sq.)Valentia, Viscount
    Cooper, Richard AshmoleLyttelton, Hon. J. C. (Droitwich)Walker, Col. William Hall
    Courthope, G. LoydMacCaw, Wm. J. MacGeaghWard, Col. C. E. (Kent, Mid)
    Craig, Norman (Kent, Thanet)M'Neill, Ronald (Kent, St. Augustine's)Wheler, Granville C. H.
    Crichton-Stuart, Lord NinianMagnus, Sir PhilipWilliams, Col. R. (Dorset, W.)
    Cripps, Sir Charles AlfredMalcolm, IanWilloughby, Major Hon. Claud
    Duke, Henry EdwardMiddlemore, John ThrogmortonWolmer, Viscount
    Eyres-Monsell, B. M.Mills, Hon. Charles ThomasWood. John (Stalybridge)
    Faber, George Denison (Clapham)Moore, WilliamWright, Henry Fitzherbert
    Fell, ArthurMount, William ArthurWyndham, Rt. Hon. George
    Flannery, Sir J. FortescueNield, Herbert
    Forster, Henry WilliamParkes, EbenezerTELLERS FOR THE NOES. Mr.
    Gardner, ErnestPerkins, Waiter F.Hoare, and Mr. M. Barlow,

    Question, "That the Clause stand part of the Bill," put, and agreed to.

    Clause 17—(Compensation To Lay Holders Of Freehold Offices)

    If the Welsh Commissioners find that any person who at the passing of this Act holds any lay office in the Church in Wales by freehold tenure or by any tenure which, in the opinion of the Commissioners, is equal to freehold tenure, is deprived of any emoluments by the operation of this Act, they may pay to that person out of moneys in their hands in pursuance of this Act, such sum by way of compensation, either by means of a single payment or of the purchase of a life annuity, as they may, with the consent of the Treasury, determine:

    Provided that the compensation paid under this Section shall be paid out of or charged on the property vested in the Welsh Commissioners under this Act, other than burial grounds and the property to be transferred to the representative body, in such manner that the burden thereof may be distributed amongst the University of Wales and the several county councils in proportion to the value of the property transferred to them, respectively.

    I beg to move, after the word "Wales to leave out the words" by freehold tenure or by any tenure which, in the opinion of the Commissioners is."

    The Amendment is one which would extend to a certain number of non-ecclesiastical people compensation similar to that given under the Irish Church Act. I confess, so far as I am concerned, I do not feel so keenly the failure of the Government to meet, in the matter of compensation, those who occupy lay offices or who are patrons of livings as I do their failure last Friday to meet the case of the curates. To my mind, the performance of spiritual functions such as curates perform and the difficulty they will be in to find other employment makes their case a very much stronger one even than the case of patrons or laymen. The Amendment in reference to patrons, which we have been recently discussing, seem to me to have less to be said for it than the Amendment which I now move. At the same time I feel they have a case because, where there are what I may call good patrons, I think they will give the compensation they get towards the purposes of the Church and towards objects for which help is so very much needed if this Bill ever becomes law. At the same time the people for whom I plead are men who, if this Bill passes, will be thrown out of employment through no fault of their own, and who will very likely be unable to find any other occupation by which they can earn what they are earning now, and they have this additional complaint, that a great many of them belong to a very poor class and to the ranks of those who will find it rather difficult to get other employment. Under the Irish Act they are amply provided for, while in this Bill I can hardly say they are provided for at all. Perhaps I may explain that my Amendment proposes to leave out the qualifications which only gives a gratuity at the pleasure of the Welsh Commissioners to people who had employment equivalent to a freehold in the eyes of the Commissioners. I want to leave out freehold qualifications and to give compensation to all people thrown out of employment by this Bill in the same way that such people received compensation under the Irish Act.

    Under the Irish Act, I believe, that 8,000 claims were made for compensation by such people as sextons or clerks who had not freehold offices, church-cleaners, bell-ringers, organists, assistant registrars, and their clerks, diocesan surveyors, and others whom I need not enumerate. The number of gratuities awarded was, I think, to laymen 565; the number of annuities awarded to laymen was 3,245, of the annual total amount of £40,154; while the gratuities given amounted to another £40,000 in a lump sum. Now, this Bill differs from the Irish Church Act very widely in this particular Clause. Under the Irish Church Act anyone had a claim to compensation and a right to an annuity who occupied a freehold office. Under this Act it is provided that the Welsh Commissioners may give him a gratuity if they think fit. I have an Amendment, later on to alter the word "may" to "shall," and I do not know whether the right hon. Gentleman is going to accept it or not. There is another still more striking difference in the Irish Act, and it is that a large number of persons who have no freehold offices at all were compensated under the Act under Clause 17. I am afraid I shall have to trouble the Committee by reading Clause 17 of the Irish Act, which is as follows:—

    "The Commissioners shall pay to any person holding an appointment in or connected with any church or chapel and not entitled to compensation under the preceding Section, and who has held such office for two years before the 1st of January, 1871, and is holding it on the said day, such sum by way of gratuity not exceeding one year's salary as they think fit; and when the said Commissioners shall find that any such person is or may be deprived of any income derived from any property or fund vested in the said Commissioners under this Act they may pay to any such persons such further sum by way of compensation either by a single payment or by a life annuity as they shall with the consent of the Treasury determine."

    I think hon. Members opposite ought to follow this question because they represent a certain number of people who will be disturbed under this Bill if it is carried into law. It will be seen that this Bill differs very widely from the Irish Church Act in the kind of compensation it gives to people who will be thrown out of employment. On the question of the curates we had a good many arguments from the right hon. Gentleman opposite to defend the extremely mean position I was sorry to see him have to defend on behalf of the Government on Friday last. He contended that it was very unlikely that many curates would be thrown out of employment. I do not know whether he is going to make that contention with regard to the people referred to in this Amendment, but if he is going to deprive the Church in Wales of more than half her Endowments, it will necessitate a total reconsideration of the position of the Church, and where possible the performances of services of this kind voluntarily rather than as paid services. I will not say that that would not be a good thing for the Church; it may be; but if those services are performed voluntarily it does throw out of employment those who performed those services before for perhaps a small but, at any rate, some remuneration. I think there is no doubt whatever that if this Bill is passed a saving in this direction will have to be effected and a considerable number of people will be thrown out of employment.

    Then there is the case of the diocesan surveyors. I do not know whether under this Bill the Dilapidations Act of 1871 is supposed to be repealed or not, and perhaps the Home Secretary will tell me whether that is so as far as Wales is concerned. This is one of the questions which has not been considered, but if it is repealed then the diocesan surveyors will lose their employment, and, if it is not, nobody can say that they have a freehold appointment. At the same time they seem to me to be just as much deserving of compensation as anybody else who will be thrown out of employment by this Bill. Even if the Dilapidations Act is not repealed by this Bill there is certainly one person who will be a loser by this Bill, and that is the gentleman who holds the position of diocesan surveyor for the diocese of St. Asaph's, because about twelve parishes in that diocese are in England, and they would be put into an English diocese, and this gentleman will lose his position as diocesan surveyor over these particular parishes.

    It would be very awkward to have two diocesan surveyors for the same diocese, but at any rate the appointment will rest with the other diocese. Another argument the right hon. Gentleman used with regard to the curates was that in spite of this Bill their security would be as good after he had taken away more than half of the money belonging to the Church in Wales as it was before. That is a perfectly ludicrous argument which I should not be in order in dealing with now. I am afraid none of us will have much chance of addressing ourselves to that particular point under the guillotine. I wish to ask the right hon. Gentleman now whether he considers the security of these people for whom I am contending is just as good as it was before he took away more than half of the funds of the Church in Wales. The right hon. Gentleman dwelt on Friday last at considerable length on the difference between a moral and legal right, and when the hon. Member for Worcester (Mr. Goulding) raised the case of the curates, the right hon. Gentleman asked what legal right have they got, and the hon. Member for Worcester replied that they had only got a moral right. The right hon. Gentleman tried to draw a distinction between the two.

    The hon. Member for Worcester made some observations from which I gathered that he claimed that the curates had a legal right, and I asked him what legal right, and I did not refer to the matter again.

    Perhaps the right hon. Gentleman had better state whether the Gentlemen for whom I am pleading have any moral or legal right at all. If he is going to proceed by legal right, I would like to know what ground he has by way of a legal right for the action he has taken in depriving the Church in Wales of her Endowments, because his own Law Officer, the Solicitor-General, told us we had an absolutely sound and perfectly legal title to the Endowments of the Church. If he is going to sand upon the legal point, then I say he has no right to take a penny of the money from the Church at all. He based himself, too, on the Irish precedent, very incorrectly as I thought at the time, and I am sorry to say there again there was no time to reply to his arguments. Perhaps I may be allowed to ask him without his casting languishing glances towards the Chair to see if the Chairman will not call me to order, whether he is going to quote the Irish precedent against my Amendment to-night with regard to this legal right? There were a large number of people compensated under the Irish Act, but none of them had any legal right to any compensation at all. If we are to have the Irish precedent quoted when it is in favour of the Government, we ask them to be consistent and quote it on other nights when it may not perhaps tell so much in their faovur. Hon. Gentlemen opposite have made very great use of the Irish precedent, and I should like to know whether they are going to follow it all through. We have already had the Irish precedent quoted on the question of curates who, in my opinion, have no legal status, and only a moral, not a legal right, to compensation. Under the Irish Acts there were large Grants given to Nonconformist ministers in lieu of the regium donum, and they had no sort of legal right to the annuities they got under that Act. I believe there were seven Nonconformist institutions which actually had sums paid down to them to the value of fourteen years' purchase, and who certainly had no legal right whatever to the claim which was put forward on their behalf.

    You can therefore find no argument from the Irish precedent on the lines of legal right on which to oppose my Amendment to-night. There is no doubt whatever the compensation given under that Act was given to people who had a moral right and who certainly had no legal right. I claim the same treatment for similar people who are affected by this measure in Wales. There was one other argument advanced by the Chancellor of the Duchy of Lancaster on the Amendment relating to the curates, which I do not know whether he will advance on this Amendment. He said there was no sum out of which any additional compensation could be paid. He told us on Friday night there were only two sets of funds involved in this Bill: those which were retained by the various secular authorities, and those which would go over to the representative body. One would have thought from his description of the thing that all this money was originally held by the secular authorities and that they were making a grant from it to the Church. He said the compensation of the curates could only be carried out by having recourse to the sum which is to be set apart for the Church, and that any compensation given to them would mean so much less to other people. Is he going to apply that argument to this Amendment to-night? I thought it was a most fatuous argument on Friday, because everyone knows—he knows as well as anybody else—that all he had got to do in order to be able to give compensation to the curates was to take away less from the Church. He knows perfectly well that if my Amendment were agreed to all he would have to do in order to compensate these various officials for whom I plead to-night, would be to take away a little less from the Church. I do say in this particular instance such an argument would even be more absurd than it was on Friday last, for the second part of this very section says:—

    "Provided that the compensation paid under this Section shall be paid out of or charged on the property vested in the Welsh Commissioners under this Act,"

    other than certain property which is specified. Therefore, it is perfectly clear that either for the purposes of this Amendment or for the Amendment regarding the curates moved on Friday last, it would have been perfectly simple to pay the compensation out of the money vested in the Welsh Commissioners. He cannot know under this section as it is drafted what the total sum required will be. It is therefore perfectly absurd to say there is only a certain sum earmarked for compensation. He can give compensation to anybody who ought to have it if he chooses to give it out of the sum which is being robbed from the Church. I do not want to dwell too long upon this Amendment, although I think it is a very important one, and I am quite certain my hon. Friends on this side of the House agree with the justice of it. I do not know whether they attach the same importance to it as they did to the other Amendments we have had, such as that relating to the curates; but perhaps hon. Gentlemen opposite might realise that this Amendment, if it were admitted, would give compensation to people who, I think, deserve it and would not do that amount of harm to the Church which some hon. Members opposite seem to wish to do. I can only say I hope the Government will give consideration to this Amendment. I hope they will remember the people who would be benefited by it are poor people. Their work and all the other work which may be temporarily stopped by this Bill will finally be carried on, but it may become necessary to carry it on by voluntary effort, and in that case these people will lose their employment through no fault of their own, but merely in order to fulfil the political necessities of the Government now in power.

    The hon. Member was, as I gathered from his speech, far more concerned with the case of the curates than of those people who would be directly affected by this Clause. If I do not follow him into the various points he made with regard to curates, it is not because I do not feel equal to defending the position I took up last Friday, but simply because it would not be relevant to the Motion now before the Committee. I do not think the hon. Gentleman has fully appreciated the Bill as it stands. Let me first remind him what Clause 14, Sub-section (5), says:—

    "Where the emoluments of any ecclesiastical office in the Church in Wales do not consist of an interest in any specific property, but consist of a right to receive a fixed annual sum."

    And then provision is made for compensation. Then if the hon. Member will refer to Clause 35, the definition Clause, he will see that—

    "the expression 'ecclesiastical office' means any bishopric, ecclesiastical dignity, or preferment within (he meaning of the Church Discipline Act, 1840, and includes any lay office in connection therewith, or in connection with any Cathedral corporation."

    The hon. Member will find in these two Clauses an answer to many of the points he has raised. Now I will turn to Clause 17 as it stands. We propose in that Clause that the Welsh Commissioners shall have power to compensate any person who holds office by freehold tenure or by any tenure equivalent to freehold tenure. I may say at once I propose later on to accept an Amendment standing in the name of the hon. Member for Leamington (Mr. Pollock) which makes more clear the meaning of the words "any tenure which, in the opinion of the Commissioners, is equal to freehold tenure." It obviously means equivalent to the ordinary practice of freehold tenure. In the Irish case compensation was given where an office was held by freehold tenure or by any tenure which in the opinion of the Commissioners is equal to freehold tenure, or was held during good behaviour.

    I think Section 17 or 18. They are the same words, except that in the Irish case they are limited by the words "good behaviour."

    At any rate the Noble Lord has the Section before him. It is either 16 or 17 that I am referring to. We propose to accept the words of the hon. Member for Leamington, and to give compensation in any case in which there is freehold tenure, or in which the tenure is that which, in ordinary practice, is equivalent to freehold tenure, and that will cover all the cases which have been put forward as hard cases. Where a servant has not got a legal freehold, but in ordinary practice holds his office during his life, we give power to the Commissioners to treat such cases as if they were freehold.

    I should like the right hon. Gentleman to look at Section 16, Sub-section (2), of the Irish Act. I think he will find it is not an additional restriction in regard to good behaviour, but that it is an alternative.

    I think I stated accurately the Irish case. It was that whenever there was an office held by freehold tenure, compensation was to be given, and it was also to be given where there was a tenure which the Commissioners might think to be equal to freehold, but in that case it was limited to an office held during good behaviour. The Noble Lord knows there are offices which are held during good behaviour which are not freehold offices. We go further than that. We take the ordinary practice. In many cases the appointment of sexton has been understood to be for life, although it is not expressly a freehold tenure. By accepting the words "freehold tenure," it is intended to include those cases which in practice are treated as freehold, although they are not so in exact legal form. We therefore propose, by Clause 14, Sub-section (5), to give full compensation in every case in which there is an existing interest, although not chargeable upon specific property, but payable out of annual revenue. We also, under this Clause, propose to give compensation in every case where in practice the office is held during life. It must be remembered that the existing incumbent is entitled to receive the full emoluments of his office so long as he remains in his office. Can his servant have any better title than he has, where the appointment is not practically for life and where it is only during the pleasure of the existing incumbent? Surely in that case you cannot give compensation beyond the life of the incumbent himself! The incumbent, during his life, is to continue to receive the full value, or an equivalent, to the existing emolument. I submit to the Committee that there is no class entitled to compensation that has been omitted from this Bill as it stands. I therefore regret I am unable to accept the Amendment of the hon. Gentleman.

    I confess I cannot quite follow the right hon. Gentleman's view of the Irish Act. He seems to have misapprehended what really is provided in that Act. Section 16, Sub-section (2), provides that every office of freehold tenure or office held during good behaviour, without any legal right to it, shall be equal to freehold tenure—a much more fortunate phrase than that adopted in the present Bill. But, then, they are given an absolute right to an annuity equal to their emoluments. That is the result of Section 16, but there is no such provision in this Clause. They are merely given any compensation which the Welsh Commissioners may think right. Then you come to Section 17 of the Irish Act, and that provides for all other offices, and it gives to such other offices with less secure tenure the same compensation as was given to those offices which have a more secure tenure. The Section says:—

    "The Commissioners shall pay to any person holding an appointment…and not entitled to compensation under the preceding Section, and who has held such office for two years before the first day of January, 1871,…such sum by way of gratuity not exceeding one years salary as they may think fit."

    They give at any rate one year's salary, however imperfect may be the tenure of office. I think the right hon. Gentleman will admit that the Irish Act is far more generous than the present Bill. Then, in addition to that, I may refer to Section (45), which sets out a number of officials who are to get very complete compensation indeed. That was the way the Irish Act dealt with them. As a matter of fact, the Irish Act was extraordinarily generous—I will not say extraordinarily, but very properly generous to every individual, and entirely different in spirit from the present Bill. The strongest instance was the enormous compensation—or rather the full compensation—given to the Nonconformist ministers who were in receipt of the Regium donum. They were not, so far as I can see, strictly affected in the slightest degree by the Disendowment of the Irish Church. It was felt impossible, I suppose, to continue the annual State Grant to Nonconformist ministers then made by annual Acts of Parliament in the form of the Regium donum after the Disendowment of the Irish Church.

    What was done? Every Nonconformist minister who then received this annual Grant was treated as having a life estate in that annual Grant. He had not the slightest legal claim to it at all, for it was an annual Grant made by this House, and might have been discontinued at any time. Not only was he so treated, but his successor was treated as having an interest which was to be compensated. Not only that, but in those places where the minister was about to receive this annual Regium donum, he was treated as having a right to compensation, and was given compensation under the Irish Act. They were men who had a most indirect claim, but who received this compensation not out of any funds to which they had any claim beforehand, but which were at the disposal of the Government, and which they used to secure that no individual should be treated with hardship or injustice by a political action of this kind. No one who has looked at the provisions of the Irish Act will venture to assert that the provisions in this Bill are in any way comparable with the method by which interests were dealt with under that Act. The right hon. Gentleman referred to Clause 14, Sub-section (5), as if that had any real bearing on the matter whatever. He said it was a kind of additional compensation to people with less than a freehold interest. I cannot think that that is the considered opinion of the right hon. Gentle- man. It is plain that that only deals with people who have a freehold interest, exactly the same as all the other Clauses of this Bill do. I think it is perfectly clear that this Bill sets out with this theory. That only people with freehold interests, or whose interests are equal to freehold, are to be compensated. The right hon. Gentleman now says he means by that to include all people who ordinarily would hold their office for life; but he never told us that on Clause 14, where exactly the same words were used, and when we were discussing a precisely similar Amendment to leave out exactly the same words, under the impression that an office which was equal to a freehold tenure, or an office which for some technical reason was not actually freehold but still was nearly a freehold, was going to be disregarded. The idea that men who ordinarily hold office for life are to be included seems to me to be an afterthought in view of the vote of last Friday.

    Nothing of the kind. I never had any other reason in my mind such as the Noble Lord suggests. What can "equal to freehold" mean except an office which in ordinary practice is treated as an office for life?

    I cannot pretend to look at the right hon. Gentleman's mind. If he says he meant that, I am bound to accept his assurance. It is an unfortunate thing he did not make the disclosure on Friday.

    I do not know it makes any difference now, but I think it would have made some difference then.

    I think it would have made some difference if we had been told that where a curate was reasonably likely to hold his office for life he was to be compensated. I am glad that we have not had a repetition of the grotesque argument put forward by the Chancellor of the Duchy on Friday last. We are not told now that there is no fund out of which compensation can come unless it is to be taken from the representative body. That argument, which did very well when the guillotine was threatening to fall immediately, was too absurd to put forward at the beginning of the discussion. The broad question is: Are you going to deal generously with these people? They are very poor people indeed. They are not people as rich even as curates. They are people with very poor, and even paltry, interests. It would mean a few hundred pounds at the very outside. If you put in the same scale of compensation that was in the Irish Act, you will, at any rate, meet the kind of case we are making to the Committee now. If you do not, it can only be from pure official obstinacy, because, having once said you will not, therefore you will not. That is a motive for the decision of Ministers which is much commoner than some people seem to imagine. If it is not mere official obstinacy, it is because you desire, for some reason which I cannot imagine, to carry out this exceedingly painful and distasteful change in Wales, not in the way which will cause the least friction, not in the way which will cause the least resentment, but in a way which will enable you to say you have trampled upon your enemies and put your heel upon their necks. There can be no other reason for the refusal of this claim. It is justified by the only precedent you ever cite—the Irish case—it is clearly just in itself, and it will cost a trifling sum of money. The whole machinery is provided for you in this very Clause, and, if you refuse it, it can only be from one of the two motives I have tried to indicate to the Committee.

    I am rather alarmed at what the Home Secretary has said, for very opposite reasons to those the Noble Lord has advanced, and I think some of us are entitled to ask the representatives of the Government what exactly is meant by the adoption of this new Amendment by the Home Secretary. I think they are opening a door which is going to lead to practices very similar to those which took place in Ireland, and which will destroy this Bill from cover to cover so far as we in Wales are concerned. If the new phrase, "anything which is equivalent in practice" to a freehold tenure is going to be interpreted by the Commissioners as broadly as the Noble Lord suggested—

    It was not my suggestion, but the suggestion of the Home Secretary.

    If it is going to be interpreted as broadly as the Noble Lord intimated in his remarks, then the whole of the property is gone for at least thirty or forty years, and the probability is that the county councils will have to draw upon some resources—where they are going to get them nobody knows—in order to pay all this compensation, which will exceed all the profits they will get from the yield of the tithe and the glebe. I ask because I am simply going by what happened in the Irish case. I ask whether the charwoman who cleans the church would come in under this? As a rule a charwoman remains more or less for her life, and I understand that in the Irish case the charwoman got compensation. If we begin with charwomen and then everyone else who has anything to do with the church and has been accustomed to get a few shillings a month or a few pounds a year for it—and it has always been understood that once a person started in that particular office he went on for life—I think the Government have walked, with their eyes open, into a pit that is going to sink the whole of the finance of this Bill for national purposes for at least some generations. I would call the attention of the Government to the character of the Clause and the manner in which it is worded: "If the Welsh Commissioners find that any person who at the passing of this Act holds" such an office. If, therefore, the Church were disposed, as I understand was done in some cases in Ireland, to appoint two women where there is one now, and to appoint extra bell-ringers and others during the two years that we assume we shall be waiting for this Bill to get through the House of Lords, and if they give them some remuneration for these first two years so that they will be holding the office at the passing of the Act, where will the finance of the Bill be?

    Even then they will only get such compensation as the Welsh Commissioners think right.

    I quite agree, but I am assuming that the Commissioners will be similar in their creed and as friendly to the Church as were the Commissioners under the Irish Act, and I am assuming that the Commissioners will take what hon. Gentlemen opposite will call a very broad and generous view of these things and will interpret the phrase in a manner in which hon. Members opposite are interpreting it to-night. It is possible for the Commissioners to take such a view, it is possible for officers to be created in the two years which are to elapse between the first going of this Bill to the House of Lords and its passage into law, and it is possible, under the new phrase the Home Secretary is going to accept, for almost any person who receives any kind of money to receive compensation. All I have to say is if that is so hon. Members opposite have been very successful in their Amendments, and in their opposition to this Bill. We started out with the idea that has been advocated in Wales very actively for forty years that national funds and endowments—I know hon. Members do not agree with the phrase but it has been generally accepted in Wales—should be secured for national purposes. If this interpretation that I lay down is going to work out in practice, very little National Endowment will there be for national purposes in my lifetime or the lifetime of anyone else in Wales so that hon. Members opposite, by their methods and by the concessions of the Government, have succeeded by various side winds, under the guise of compensation, in getting back, at least for several generations, for the Church practically every penny that this Bill at the commencement proposed to take from them. I really think it is due to some of us here who do not quite understand what is the full import of this Clause, that some further explanation and reassurance should be obtained from the Government before we go to a division.

    The speech which we have just heard shows how extremely important the Amendment is with which we are dealing. The hon. Member lays down this proposition, not that in a Bill of this kind the first consideration is what is just and right, but that the first consideration is the amount of money, which he calls national money, which can be put into the pockets of Welshmen for certain local purposes. We have heard that view enunciated more than once. The question here is whether it is just and right that certain people who are holding offices which, if this Bill had not passed, they would continue to hold for their life, should have fair compensation or not. That is the question. We say it is a matter of justice and right that they should have it. What is the answer of the hon. Member? He does not say it is just and right.

    What the hon. Member says is, do not do what is just and right if it takes anything out of the Welshman's pocket. Let me take his own illustration, the charwoman. Is he going to say on behalf of the Welsh Members that because she is a humble and poor official she is not to be entitled to be fairly treated under the terms of the Bill?

    Then she will not get compensation, because the whole basis of compensation—I am assuming that the Welsh Commissioners will act properly—is in respect of loss consequent on the passing of this Bill, and therefore if anyone gets alternative employment on their old terms they are not entitled to compensation at all. But the truth is, and the hon. Member has shown it on this question of compensation, that some Members on the other side of the House have approached this Bill in a wholly wrong spirit. They have approached it from the point of view of what plunder they can get. There is a much greater consideration than that, and that is acting justly and fairly when you are dealing with vested interests in a case of this kind. That is a most important principle. I wish to make two observations in answer to the Home Secretary. Sub-section (5) of Clause 14 has nothing to do with the subject matter of this Amendment of any sort or kind. It astonishes me to hear the Home Secretary, who ought to have an intimate knowledge of this Bill, quoting a Clause which has no reference whatever to the subject matter under discussion. Sub-section (5) of Clause 14 deals with an interest which is undoubtedly a freehold interest, but which is not an interest in the specific property. In other words, it is a man getting an income in the ordinary sense of the term of so much a year which is not charged on the specific property, and he says in that case he is to be compensated on the income he is receiving, although it is not charged upon the specific property. What on earth has that to do with the question of the existing Amendment? It is absolutely outside this question altogether from top to bottom.

    The other observation I want to make is this: No one who has read the Irish Act can be other than cognisant of the fact that the whole measure and basis of compensation there is entirely different from what it is in relation to the proposed Bill. In an Amendment of which I gave notice to this Clause there are set out in substance the Irish terms as regards compensation dealing with the same subject matter as we are dealing with in this Clause. Every official, whether he has a freehold office or not, which is never the test in cases of this kind, is practically assured that he is to have an annuity equal to the amount of the income which he is obtaining at the present time. [An HON. MEMBER: "Charwoman."] Why is not a charwoman as much entitled as the richest man in this country? This Bill in every respect penalises the poor man. I have pointed it out several times. I should have thought that hon. Members opposite did not desire to emphasise a point of that kind.

    All that this Amendment does is to give in Wales what was given in Ireland under the Irish Act, namely, to put it in the power of the Welsh Commissioners to give what they consider a suitable sum as regards all those poorer officials—charwomen, if you like—who, in fact, will suffer owing to the changes introduced by this Bill. The point of substance which I think is important is this: I do not know of any Bill of this kind—and I have looked all round for precedents—where there has been such a meagre, penurious, and inadequate method of compensation as is suggested in this Bill. The important point is that in future a Bill of this kind, which treats persons unfairly and unjustly, may be used as a precedent, because undoubtedly no one can deny that, apart from the legal or technical matter whether persons are curates or charwomen, if for public purposes they are deprived of the income which but for the Bill they would continue to enjoy, they are entitled to a full measure of compensation. The reason for that is perfectly clear. It is that, in carrying out any great matter of public importance, it is not right to put a special burden and penalty on particular individuals. That is the principle that underlies all these questions of compensation. If I may refer to a phrase used more than once by Mr. Gladstone, on the Irish Bill—because it is applicable to the question we are now discussing—I would point out that he said a beneficent revolution ought to be carried out in a liberal and generous spirit. I think everyone would agree to a proposition of that kind, and yet here what is said to be a benevolent revolution is being carried out in a mean, petty, penurious, and cheese-pairing spirit, which you cannot find in any other Bill dealing with individual interests that has ever been adopted in this House. Why do you compensate the individual freeholder on a wider basis? It is because, as Mr. Gladstone said, that the basis of compensation ought to have reference to the expectation of the persons you are depriving of income under the Bill. That, of course, is the proper principle as regards compensation.

    10.0 P.M.

    Let me give two or three illustrations of what I mean by the niggardliness and injustice of the present Bill. Under the Irish Act, for instance, compensation was given to the clerks in the office of the Ecclesiastical Commissioners in Ireland. They had no legal right or claim, but as the effect of the Bill was to deprive them of the livelihood they were then enjoying, and as they were damnified by the passing of the Act, it was held that those men, who were comparatively poor men, ought to be entitled to compensation. Then there was the compensation as regards the Regium Donum and Maynooth College. There was considerable opposition to that proposal at the time of the passing of the Act. Mr. Gladstone said firmly, and he held to it throughout, "I will be no party to depriving people of money to which they would have been entitled if this Act had not passed. They ought to have fair compensation in regard to the worse position in which they will be placed." There are many other instances where compensation has been given. There was the compensation given under the Crofters Act of 1886. There was no legal right but compensation was given. Then, in the case of the stallholders in Hungerford market, compensation was given. I do not believe that any Act can be found based on the narrow lines we have here that no one is to be compensated unless his office is either freehold or equivalent in position. That is why I feel very strongly as regards the Amendment proposed by the hon. Member. It goes by no means sufficiently far in the direction of fair and generous treatment, but it is an improvement as regards the terms in the Bill itself. I ask everyone on the opposite side who believes in fair treatment, irrespective of policy, whether there is a legal right or not, to support this Amendment, and not to be led away by the doctrine of the hon. Member opposite, that it is better to plunder than to give fair and just treatment to people who have offices at the present moment.

    The hon. and learned Member (Sir A. Cripps) has made one of those eloquent speeches to which we have become accustomed. He shows great warmth when asking for fair and just compensation. I believe he has recently been engaged in a large case—[Interruption]. I do not think I am disrespectful to the hon. and learned Member. I only think that I am entitled to say—[HON. MEMBERS: "Order."] I think he will agree with me that those whom he addresses do not always agree with him as to what he considers fair and just treatment. If when you ask just and generous treatment and do not get it, and if you then say that it is petty and mean to refuse it, there is really no object in discussing the matter. That is the basis--on which the hon. and learned Member said, with a great show of indignation, that my hon. Friend the Member for Merthyr Tydvil (Mr. Edgar Jones) was-anxious for nothing except plunder. The hon. and learned Member would not like if I said that he had no other object except to retain plunder from the people of Wales, which is our side of the case. I do not see in the least that his line of argument is likely to carry any weight at all-It is easy. of course, to make appeals to generosity at other people's expense. It is easy to appear generous by giving away other people's money. If we were to compensate in the way proposed, it would not cost us anything at all. It is absurd, therefore, to put the argument on that basis. It seems to me that the hon. and learned Member laid down some general principles with which I am to a considerable extent in agreement. I protest against the general doctrine laid down in regard to vested interests. This doctrine of compensation for all kinds of interests has done more to stop reforms being carried in this country than any other doctrine. We know that hon. Members opposite always consider that private interests ought to stand before public rights. We are told in this case that it does not matter whether there is a legal right. If there is anything in that contention, it really does not matter whether there is a freehold tenure or not, because you are just as well off if you are to be treated in the same way as those who have a freehold tenure. Was ever such an argument addressed to a Legislative Assembly? It is a most ridiculous argument when you come to analyse it. It is mysteriously argued that a person who has no tenure has the same right as a person who has a freehold tenure.

    I made no such statement. I said he was entitled to compensation. I never said he was entitled to> the same compensation.

    That is a variation. He never told us what compensation they were entitled to.

    I am glad we are getting the compensation down a little—[Hon. MEMBERS: "No "]—and that we are having some reduction of the enormous claims put forward. Extraordinary use has been made of the Irish Bill in these Debates. Do hon. Members bear in mind that the Irish Bill was an agreed Bill? [HON. MEMBERS: "No."] Certainly it was. The Noble Lord contradicts me. Does he deny that the Irish Bill was the result of long negotiations between Mr. Gladstone and Mr. Disraeli before it passed through the House of Lords, and that Mr. Gladstone protested vehemently and did his best to get the claims reduced? The Noble Lord cannot deny, what is a well-known fact, that to get the Bill passed through the House of Lords Mr. Gladstone had to make these concessions which he never would have made under present conditions. Do you think that we fought for the Parliament Act for nothing? Do hon. Members seriously imagine that, having won a victory, we are now going to walk under the Caudine forks? I cannot understand the curious condition of mind of hon. Members who have such an idea. Certainly we are not going to be forced into that position which we need not occupy, and for which there is no reason. It must be plain to anyone who gives five minutes' consideration to the whole question that hon. Members opposite are always asking for concessions and always abusing us for not giving concessions. They never offer any kind of concessions as far as they are concerned. An hon. Member laughs. He has been in the House much longer than I and has much more experience and knows as well as I do that Governments are not in the habit of continually making concessions when there is no ground for them. It is a simple fact which we all know. Hon. Members opposite naturally do the best they can, but they cannot expect us to walk into their parlour. I do not share the gloomy views expressed by the hon. Member for Merthyr as to the financial ruin which this Clause will involve, because I am certain the churches will be carried on as usual, and I am sure that their charwomen, bell-ringers, and sextons, and the good people in these petitions to-day will calmly continue in them until they receive the old age pension, for which they have the Liberal Government to thank. Therefore, the amount of compensation which will be given under this Clause and the explanation of the Home Secretary will not affect seriously the finances of the Bill. But I have thought it right to say a few words of protest against the speech just delivered. It is not fair or just to represent us on this side as being hostile or petty or mean. We have a difficult and serious duty to perform. Hon. Members opposite have a difficult duty to perform also. The very point which the hon. and learned Member refers to, the question what is fair and just, is a difficult point to determine. The mere allegation that anything is unfair or unjust is no determination thereof. I do not wish to accuse hon. Members opposite of anything wrong, but I do think that it is time to make an end of mere abusive epithets and to return to arguments.

    We have heard a remarkable speech from a representative of Welsh Nonconformity. The only principle which it distinctly represented is that the Radical party have passed the Parliament Act, and that he intends, and those who sit around him intend, to get all the plunder they can as the result of the Parliament Act, consistently with their safety at Welsh elections. He opened his speech by denouncing my hon. and learned Friend for having used emphatic language with regard to justice for poor people under this Bill, and having said that the hon. and learned Member begged the whole question by using that language, he then proceeded to say, after he had forgotten how he had begun his speech, that he in a very large degree agreed with the principles which were laid down by my hon. and learned Friend. How can he beg the question by using such language, when he has laid down principles with which the hon. Member agreed? What were those principles? Perhaps the hon. Member, as representing Welsh Nonconformity, will have to go down to Flintshire, and I presume that he will answer honestly any questions asked by hecklers there, and that he will, at any rate, attempt to disclose what is really the fact under this Bill. If he is asked, "Why do the Government which you support compensate life interests of incumbents and not compensate those interests which, according to the Home Secretary, are equivalent in expectation to life interests?" What will he say? He will be afraid to admit that his only reason is that one interest is held by poor people and the other by comparatively wealthy people.

    I should say nothing of the kind. One is a freehold tenure and the other is another form of tenure.

    Will he disagree with the Home Secretary that he is perfectly willing, as the Irish Act did, to pay compensation to those who had interests equivalent in practice to freehold interests? Will he say to the poor people of Flintshire, "I disagree with my own Leader or with the right hon. Gentleman who is in charge of this Bill, and I will not give a shilling to those who have interests equivalent in practice to freehold interests"?

    The right hon. Gentleman really knows that I never said anything of the kind.

    Then what was the purpose of the quarter of an hour of incoherent speech of the hon. Gentleman? I ask him the plain question, does he agree with the Home Secretary or does he not?

    Certainly, I agree with the Home Secretary, and I said so in my speech, incoherent as it may have been.

    If, in point of fact, the hon. Gentleman does agree that these poor people should receive compensation, those of them who have interests practically equivalent to freehold interests, then what is the meaning of his speech?

    I am very sorry that the right hon. Gentleman cannot understand the object of my speech. If I were allowed to make it again I could explain it.

    We have it every way. The hon. Gentleman is going to take credit, I suppose, among the more violent of his party, for having denounced all these proposals, and he has not the courage to get up to say that he denies to these poor people in Wales the right to receive compensation under the principles that have been defined by the Home Secretary. The hon. Gentleman gives the case entirely away. I say it is impossible for any honest and courageous man, facing a popular audience—and with these precedents of the Irish Act before him, with the generous treatment that was accorded to Nonconformist ministers and to the Roman Catholics in Maynooth, and with the fact, as it is admitted now, that all these poor people received compensation, at any rate, to some considerable extent in Ireland—to say that nothing has happened between 1869 and now which has altered those precedents, and which has disentitled the Welsh from receiving that which the Irish obtained. What possible reason, what earthly reason, has been given for the mixture of incoherent statements we have just heard from the hon. Gentleman? What possible reason can be given for departing from the principle laid down by a man like Mr. Gladstone, whom the hon. Gentleman always professes to honour, and who gave that compensation? Have circumstances altered? Are the Welsh people richer than the Irish, or not? There is not a single test that can be applied to this case which differentiates it from the Irish case. I am most reluctant to come to the conclusion that there is simply a desire on the part of the hon. Member, and some of the more malignant of his associates, not to give what is fair, but to take in the form of plunder what in their heart and conscience they know to be unjust.

    I am not at all sure that the speech of the right hon. Gentleman has been much of a contribution to the discussion of this Amendment. It consisted simply of a stale joke, and of an attempt to mislead the Committee. It is altogether beside the question for the right hon. and learned Gentleman to make a speech in which he assumes that he has got a monopoly of right feelings of indignation, with more than the average ability to express them. Surely, the only hypothesis upon which his speech could have any pertinence to this discussion is that after the Disestablishment of the Church in Wales, charwomen, bellringers, and sextons are going to be dismissed from office. Hon. Gentlemen opposite go round the country in order to divert attention from Tariff Reform and food taxes. [HON. MEMBERS: "Education."] They imply that such intolerant feeling has been so much aroused in these discussions, that the Church dignitaries will begin to vent their spleen upon those unfortunate people. It cannot be established that there is any desire on this side that those people should be dismissed on short notice, and where in that case is the foundation for the speech of the hon. and learned Gentleman?

    I think the hon. Member has missed the point which is not that they are going to be dismissed, but who is going to pay them if they remain. [HON. MEMBERS: "Church people."]

    I cannot imagine services of the Church, which I attend, going on in any parish, and that the church would decline to pay the charwoman; I feel that it is a most undignified suggestion that Church people will go round cap in hand to pay their charwoman. The right hon. Gentleman the Member for St. George's suggested this Clause might be wielded very vigorously by a heckler in a Welsh constituency, but what would be thought if a humble individual like myself passed the janitor at one of the hon. Gentleman's meetings, if he ever has any, and asked him whether he could defend the charwoman getting a few shillings, and the Bishop of St. David's £4,000 per year?

    What has that got to do with it. What about the Insurance Commissioners?

    I quite understand that it does seem rather incongruous to name those two great dignitaries of the Church in the same breath. I would ask the hon. and learned Gentleman the Member for South Bucks whether they really think Members come here with the solo object of trying to take away some lawful claim of some humble members of the Church. The speech of the hon. and learned Gentleman was really in support of this Clause, and it was to that part of his speech that the hon. Member for Swansea Boroughs (Sir A. Mond) directed attention when he said the hon. and learned Gentleman carried many of us on this side with him. The bulk of the hon. and learned Gentleman's speech was in support of the Clause, and it was only incidentally that he referred to the Amendment. I would submit that surely that is all we can fairly be asked to do. I say quite frankly as one who differs from his leaders more than anybody opposite does, at any rate, in the House—

    As one who does not hesitate to differ from his own leaders. I say quite candidly that if I could see in this Clause any injustice to a class of humble individuals, I would unhesitatingly go into the Lobby against it. But wild statements that we are a set of vultures looking for plunder, and while right hon. and hon. Gentlemen opposite are defending the vested interests of the washerwoman are beside the mark. Would the hon. and learned Member for South Bucks (Sir A. Cripps) in applying his general argument in favour of compensation for the vested interests of the liquor trade, give compensation to the "chucker-out" and the potboy?

    I mentioned those merely by way of illustration, because the hon. and learned Gentleman gets as eloquent on that subject as on the other. If hon. Gentlemen opposite will in moderate language prove to us who occasionally show a gleam of independence that they have a case, we will go into the Lobby with them. But mere vague, general, fierce denunciation—like that of the Scotsman, who I am told goes into a field and swears at large—carries no weight whatever on this side of the House.

    rose in his place, and claimed to move "That the Question be now put," but the Chairman withheld his assent, and declined then to put that Question.

    Mr. KING rose—

    After the eloquent speech of my hon. Friend, the only Member who ventured to rise on the other side wanted the Question to be now put. That being so, there is nothing more to be said. Therefore, for my part, I also would like to move that the Question be now put.

    Mr. RAWLINSON rose—

    On a point of Order—

    It being half-past Ten of the clock, the CHAIRMAN proceeded, pursuant to the Order of the House of the 28th November, 1912, to put forthwith the Question on the Amendment already proposed from the Chair.

    Division No. 521.]

    AYES.

    10.30 p.m.

    Abraham, William (Dublin, Harbour)Duncan, J. Hastings (Yorks, Otley)Lambert, Richard (Wilts, Cricklade)
    Acland, Francis DykeEdwards, Clement (Glamorgan, E.)Lardner, James Carrige Rushe
    Adamson, WilliamEdwards, Sir Francis (Radnor)Law, Hugh A. (Donegal, West)
    Addison, Dr. ChristopherEdwards, John Hugh (Glamorgan, Mid)Lawson, Sir W. (Cumb'rld, Cockerm'th)
    Adkins, Sir W. Ryland D.Esmonde, Sir Thomas (Wexford, N.)Levy, Sir Maurice
    Agnew, Sir George WilliamEssex, Sir Richard WalterLewis, John Herbert
    Ainsworth, John StirlingEsslemont, George BirnieLough, Rt. Hon. Thomas
    Aldan, PercyFalconer, J.Low, Sir Frederick (Norwich)
    Allen, Arthur A. (Dumbarton)Farrell, James PatrickLundon, Thomas
    Allen, Rt. Hon. Charles P. (Stroud)Ferens, Rt. Hon. Thomas RobinsonLyell, Charles Henry
    Arnold, SydneyFirench, PeterLynch, A. A.
    Baker, Joseph Allen (Finsbury, E.)Field, WilliamMcGhee, Richard
    Balfour, Sir Robert (Lanark)Fitzgibbon, JohnMacnamara, Rt. Hon. Dr. T. J.
    Baring, Sir Godfrey (Barnstaple)Flavin, Michael JosephMacNeill, J. G. Swift (Donegal, South)
    Barlow, Sir John Emmott (Somerset)George, Rt. Hon. David LloydMacpherson, James Ian
    Barnes, G. N.Glihooly, JamesMacVeagh, Jeremiah
    Barran, Rowland Hurst (Leeds, N.)Gill, A. H.M'Callum, Sir John M.
    Barton, W.Ginnell, L.McKenna, Rt. Hon. Reginald
    Beale, Sir William PhipsonGladstone, W. G. C.M'Laren, Hon. F.W.S. (Lincs.,Spalding)
    Beck, Arthur CecilGlanville, Harold JamesManfield, Harry
    Benn, W. W. (T. Hamlets, St. Geo.)Goddard, Sir Daniel FordMarkham, Sir Arthur Basil
    Bentham, George JacksonGoldstone, FrankMarks, Sir George Croydon
    Bethell, Sir J. H.Greenwood, Granville G. (Peterborough)Marshall, Arthur Harold
    Black, Arthur W.Greenwood, Hamar (Sunderland)Martin, Joseph
    Boland, John PlusGreig, Colonel J. W.Meagher, Michael
    Booth, Frederick HandedGriffith, Ellis J.Meehan, Francis E. (Leitrim, N.)
    Bowerman, C. W.Guest, Major Hon. C. H. C. (Pembroke)Middlebrook, William
    Boyle, D. (Mayo, North)Guest, Hon. Frederick E. (Dorset, E.)Millar, James Duncan
    Brace, WilliamGuiney, PatrickMolloy, M.
    Brady, P. J.Gulland, John WilliamMolteno, Percy Alport
    Brocklehurst, W. B.Hacktt, J.Mond, Sir Alfred Moritz
    Brunner, John F. L.Harcourt, Rt. Hon. L. (Rossendale)Money, L. G. Chiozza
    Bryce, J. AnnanHarcourt. Robert V. (Montrose)Morgan, George Hay
    Buckmaster, Stanley O.Hardie, J. KeirMorrell, Philip
    Burke, E. Haviland-Harmsworth, R. L. (Caithness-shire)Morison, Hector
    Burns, Rt. Hon. JohnHarvey, T. E. (Leeds, West)Morton, Alpheus Cleophas
    Burt, Rt. Hon. ThomasHaslam, Lewis (Monmouth)Muldoon, John
    Buxton, Noel (Norfolk)Hayden, John PatrickMunro, R.
    Buxton, Rt. Hon. Sydney C. (Poplar)Hayward, EvanMurray, Captain Hon. A. C.
    Byles, Sir William PollardHazieton, RichardNannetti, Jossph P.
    Carr-Gomm, H. W.Healy, Timothy Michael (Cork, N.E.)Needham, Christopher T.
    Cawley, H. T. (Lancs, Heywood)Helme, Sir Norval WatsonNeilson, Francis
    Clancy, John JosephHemmerde, Edward GeorgeNicholson, Sir C. N. (Doncaster)
    Clough, WilliamHenderson, Arthur (Durham)Nolan, Joseph
    Clynes, John R.Henry, Sir CharlesNorman, Sir Henry
    Collins, G. P. (Greenock)Herbert, General Sir Ivor (Mon., S.)Norton, Captain Cecil W.
    Collins, Stephen (Lambeth)Higham, John SharpNuttall, Harry
    Compton-Rickett, Rt. Hon. Sir J.Hinds, JohnO'Brien, Patrick (Kilkenny)
    Condon, Thomas JosephHobhouse, Rt. Hon. Charles E. H.O'Connor. John (Kildare, N.)
    Cornwall, Sir Edwin A.Hodge, JohnO'Connor, T. p. (Liverpool)
    Craig, Herbert J. (Tynemouth)Hogge, James MylesO'Doherty, Philip
    Crawshay-Willlams, EliotHolmes, Daniel TurnerO'Donnell, Thomas
    Crean, EugeneHolt, Richard DurningO'Dowd, John
    Crumley, PatrickHoward, Hon. GeoffreyO'Kelly, Edward P. (Wicklow, W.)
    Cullinan, J.Hudson, WalterO'Keliy, James (Roscommon, N.)
    Dalziel, Rt. Hon. Sir J. H. (Kirkcaldy)Illingworth, Percy H.O'Malley, William
    Davies, David (Montgomery Co.)Isaacs, Rt. Hon. Sir RufusO'Neill, Dr. Charles (Armagh, S.)
    Davies, E. William (Eifion)Jardine, Sir J. (Roxburgh)O'Shaughnessy, P. J.
    Davies, Timothy (Lincs., Louth)John, Edward ThomasO'Shee, James John
    Davies, Sir W. Howell (Bristol, S.)Jones, Rt.Hon. Sir D.Brynmor (Sw'nsea)O'Sullivan, Timothy
    Dawes, James ArthurJones, Edgar (Merthyr Tydvil)Outhwaite, R. L.
    De Forest, BaronJones, H. Haydn (Merioneth)Palmer, Godfrey Mark
    Delany, WilliamJones, J. Towyn (Carmarthen, East)Parker, James (Halifax)
    Denman, Hon. R. D.Jones, Leif Stratten (Rushcliffe)Pearce, Robert (Staffs, Leek)
    Devlin, JosephJones, W. S. Glyn- (T. H'mts, Stepney)Pease, Rt. Hon. Joseph A. (Rotherham)
    Dickinson, W. H.Joyce, MichaelPhillips, John (Longford, S.)
    Dillon, JohnKeating, MatthewPointer, Joseph
    Donelan, Captain A.Kellaway, Frederick GeorgePollard, Sir George H.
    Doris, W.Kilbride, DenisPonsonby, Arthur A. W. H.
    Duffy, William J.King, J.Price, C. E. (Edinburgh, Central)
    Duncan, C. (Barrow-in-Furness)Lambert, Rt. Hon. G. (Devon,s.Molton)Price, Sir Robert J. (Norfolk, E.)

    Question put, "That the words proposed to be left out stand part of the Clause."

    The Committee divided: Ayes, 291; Noes, 179.

    Priestley, Sir Arthur (Grantham)Samuel, Rt. Hon. H. L. (Cleveland)Walters, Sir John Tudor
    Priestley, Sir W. E. B. (Bradford, E.)Samuel, J. (Stockton-on-Tees)Walton, Sir Joseph
    Primrose, Hon. Neil JamesScanian, ThomasWard, John (Stoke-upon-Trent)
    Pringle William M. R.Schwann, Rt. Hon. Sir C. E.Ward, W. Dudley (Southampton)
    Radford, G. H.Scott, A. MacCallum (Glas., Bridgeton)Wardle, George J.
    Rea, Rt. Hon. Russell (South Shields)Seely, Col. Rt. Hon. J. E. B.Warner, Sir Thomas Courtenay
    Reddy, M.Sheehy, DavidWason, John Cathcart (Orkney)
    Redmond, John E. (Waterford)Sherwell, Arthur JamesWatt, Henry A.
    Redmond, William Archer (Tyrone, E.)Shortt, EdwardWedgwood, Josiah C.
    Rendall, AthelstanSimon, Rt. Hon. Sir John AllsebrookWhite, J. Dundas (Glasgow, Tradeston)
    Richards, ThomasSmith, Albert (Lancs, Clitheroe)White, Sir Luke (York, E.R.)
    Richardson, Albion (Peckham)Smith, H. B. L. (Northampton)White, Patrick (Meath, North)
    Richardson, Thomas (Whitehaven)Smyth, Thomas F. (Leitrim, S.)Whitehouse, John Howard
    Roberts, Charles H. (Lincoln)Soames, Arthur WellesleyWhyte, A. F. (Perth)
    Roberts, G. H. (Norwich)Spicer, Rt. Hon. Sir AlbertWiles, Thomas
    Roberts, Sir J. H. (Denbighs)Stanley, Albert (Staffs, N.W.)Wilkie, Alexander
    Robertson, Sir G. Scott (Bradford)Strauss, Edward A. (Southwark, West)Williams, J. (Glamorgan)
    Robertson, John M. (Tyneside)Taylor, Theodore C. (Radcliffe)Williams, Llewelyn (Carmarthen)
    Robinson, SidneyTennant, Harold JohnWilliamson, Sir Archibald
    Roch. Walter F.Thomas, J. H.Wilson, Rt. Hon. J. W. (Worcs., N.)
    Roche, Augustine (Louth, N.)Thome, G. R. (Wolverhampton)Wilson, W. T. (Westhoughton)
    Roe, Sir ThomasToulmin, Sir GeorgeWood, Rt. Hon. T. McKinnon (Glas.)
    Rose, Sir Charles DayTrevelyan, Charles PhilipsYoung, Samuel (Cavan, East)
    Rowlands, JamesVerney, Sir HarryYoung, William (Perth, East)
    Rowntree, ArnoldWadsworth, J.
    Runciman, Rt. Hon. WalterWalsh, J. (Cork, South)TELLERS FOR THE AYES—Mr.
    Russell, Rt. Hon. Thomas W.Walsh, Stephen (Lanes, Ince)William Jones and Mr. Webb.

    NOES.

    Agg-Gardner, James TynteEyres-Monsell, B. M.Lyttelton, Hon. J. C. (Droitwich)
    Aitken, Sir William MaxFaber, George Denison (Clapham)MacCaw, Wm. J. MacGeagh
    Amery, L.C. M. S.Falle, Bertram GodfrayMackinder, H. J.
    Anson, Rt. Hon. Sir William R.Fell, ArthurM'Neill, Ronald (Kent, St. Augustine's)
    Baird, J. L.Fetherstonhaugh, GodfreyMagnus, Sir Philip
    Baker, Sir Randolf L. (Dorset, N.)Finlay, Rt. Hon. Sir RobertMeysey-Thompson, E. C.
    Salcarres, LordFitzroy, Hon. Edward A.Middlemore, John Throgmorton
    Banbury, Sir Frederick GeorgeFlannery, Sir J. FortescueMills, Hon. Charles Thomas
    Baring, Maj. Hon. Guy V. (Winchester)Fleming, ValentinoMoore, William
    Barlow, Montague (Salford, South)Forster, Henry WilliamMorrison-Bell, Capt. E. F. (Ashburton)
    Barrie, H. T.Gardner, ErnestMorrison-Bell, Major A. C. (Honiton)
    Bathurst, Hon. A. B. (Glouc, E.)Gastrell, Major W. HoughtonMount, William Arthur
    Bathurst, Charles (Wilts, Wilton)Gibbs, George AbrahamNeville, Reginald J. N.
    Beach, Hon. Michael Hugh HicksGordon, John (Londonderry, South)Newman, John R. P.
    Beckett, Hon. GervaseGordon, Hon. John Edward (Brighton)Nicholson, William G. (Petersfield)
    Bentinck, Lord H. (Cavendish-)Greene, W. R.Nield, Herbert
    Beresford, Lord C.Gretton, JohnNorton-Griffiths, John
    Biglaud, AlfredGuinness, Hon. Rupert (Essex, S.E.)O'Neill, Hon. A. E. B. (Antrim, Mid)
    Bird, A.Guinness, Hon.W.E. (Bury S.Edmunds)Parker, Sir Gilbert (Gravesend)
    Blair, ReginaldGwynne, R. S. (Sussex, Eastbourne)Parkes, Ebenezer
    Boscawen, Sir Arthur S. T. Griffith-Hall, Fred (Dulwich)Perkins, Walter F.
    Boyle, William (Norfolk, Mid)Hamersley, Alfred St. GeorgePeto, Basil Edward
    Boyton, JamesHamilton, Lord C. J. (Kensington, S.)Pollock, Ernest Murray
    Bridgeman, W. CliveHardy, Rt. Hon. LaurencePryce-Jones, Col. E.
    Burdett-Coutts, W.Harris, Henry PercyQuilter, Sir William Eley C.
    Burn, Colonel C. R.Harrison-Broadley, H. B.Rawlinson, John Frederick Peel
    Butcher, J. G.Helmsley, ViscountRawson, Col. R. H.
    Campbell, Capt. Duncan F. (Ayr, N.)Henderson, Major H. (Berks, Abingdon)Rees, Sir J. D.
    Campion, W. R.Herbert, Hon. A. (Somerset, S.)Roberts, S. (Sheffield, Ecclesall)
    Carilie, Sir Edward HildredHewins, William Albert SamuelRolleston, Sir John
    Cassel, FelixHickman, Col. T. E.Royde, Edmund
    Castlereagh, ViscountHill, Sir Clement L.Rutherford, Watson (L'pool, W. Derby)
    Cator, JohnHoare, Samuel John GurneySalter, Arthur Clavell
    Cautley, H. S.Hohler, Gerald FitzroySamuel, Sir Harry (Norwood)
    Cave, GeorgeHope, Major J. A. (Midlothian)Sanders, Robert A.
    Cecil, Evelyn (Aston Manor)Home, W. E. (Surrey, Guildford)Sanderson, Lancelot
    Cecil, Lord Hugh (Oxford University)Horner, Andrew LongSandys, G. J.
    Cecil, Lord R. (Herts, Hitchin)Houston, Robert PatersonSassoon, Sir Philip
    Chaloner, Col. R. G. W.Hume-Williams, William EllisScott, Leslie (Liverpool, Exchange)
    Chambers, J.Hunter, Sir C. RScott, Sir S. (Maryiebone, W.)
    Clive, Captain Percy ArcherIngleby. HolcombeSmith Rt. Hon, F. E. (L'p'l, Walton)
    Coates, Major Sir Edward FeethamJardine, Ernest (Somerset, East)Smith, Harold (Warrington)
    Cooper, Richard AshmoleKebty-Fletcher, J. R.Spear, Sir John Ward
    Courthope, G. LoydKerr-Smiley, Peter KerrStanier, Beville
    Craig, Ernest (Cheshire, Crewe)Kerry, Earl ofStanley, Hon. Arthur (Ormskirk)
    Craig, Norman (Kent, Thanet)Kimber, Sir HenryStanley, Hon. G. F. (Preston)
    Crichton-Stuart, Lord NinianKinloch-Cooke, Sir ClementStaveley-Hill, Henry
    Cripps, Sir Charles AlfredLane-Fox, G. R.Stewart, Gershom
    Croft, H. P.Law, Rt. Hon. A. Bonar (Bootle)Sykes, Alan John (Ches., Knutsford)
    Dalziel, D. (Brixton)Locker-Lampson, G. (Salisbury)Sykes, Mark (Hull, Central)
    Denniss, E. R. B.Locker-Lampson, O. (Ramsey)Talbot, Lord E.
    Du Cros, Arthur PhilipLowe, Sir F. W. (Birm., Edgbaston)Terrell, H. (Gloucester)
    Duke, Henry EdwardLyttelton, Rt. Hon. A. (Hanover S.)Thomson, W. Mitchell- (Down, N.)

    Tobin, Alfred AspinallWhite, Major G. D. (Lancs., Southport)Wright. Henry Fitzherbert
    Touche, George AlexanderWilliams, Col. R. (Dorset, W.)Wyndham, Rt. Hon. George
    Tryon, Captain George ClementWilloughby, Major Hon. ClaudYate, Col. Charles Edward
    Valentia, ViscountWilson, A. Stanley (York, E.R.)Younger, Sir George
    Walker, Col. William HallWinterton. Earl
    Watrond, Hon. LionelWolmer, ViscountTELLERS FOR THE NOES—Mr.
    Warde, Col. C. E. (Kent, Mid)Wood, John (Stalybridge)Goulding and Mr. Astor.
    Wheler, Granville C. H.Worthington-Evans, L.

    The CHAIRMAN then proceeded to put the Question necessary to dispose of the business to be concluded at half-past Ten of the clock at this day's sitting.

    Question, "That the Clause stand part of the Bill," put, and agreed to.

    Committee report Progress; to sit again upon Friday next, 17th January.

    The Orders for remaining Government business were read, and postponed.

    Whereupon, Mr. SPEAKER, pursuant to the Order of the House of 14th October, proposed the Question, "That this House do now adjourn."

    Enclosure Of Sharlston Common (West Riding)

    The subject I desire to bring before the House—which need not take very long—refers to a question I put to the President of the Board of Agriculture this afternoon, and also asked him on the 1st January. To put it briefly, my question was, why the right hon. Gentleman refused to allow the enclosure of a small bit of waste land at the back of a school in the West Riding of Yorkshire. The right hon. Gentleman replied:—

    "I refused my consent because, in my opinion. a proposal to enlarge the premises of a privately-owned school affords no justification for the enclosure of common land."
    Of course, that is a very plausible reason, and to hon. Gentlemen who do not know the circumstances of the case it may seem a good answer to give. I think when I have given the circumstances of the case they will agree it is one which requires considerable explanation, and is something approaching a public and very grave scandal. The school in question, as no doubt hon. Members have guessed, is a Church of England school. It is in the middle of a common, so that no extension is possible without encroaching on the common. The Board of Education have required the enlargement of the premises, the enlargement of the playground, and the improvement of the sanitary con- venience, and the local education authority of the West Riding of Yorkshire have actually approved and passed the plan under which this encroachment was necessary. In consequence of that the Lord of the Manor applied to the President of the Board of Agriculture for his sanction to the enclosure of 340 square yards of the common, which aggregates something like seventy acres. It is a large common, and anybody who knows the district knows there is no question of shortage of land for the building of houses or anything of that kind. The Lord of the Manor applied for this enclosure on 10th June. There are many precedents, as the House knows, for the enclosure of commons in matters of public utility, and I need hardly remind the House that the Commons Land (Regulation) Act, 1876, says, that in considering an application for enclosure the Enclosure Commissioners, whose functions are now vested in the right hon. Gentleman, shall take into consideration the question whether such application will be for the benefit of the neighbourhood. In this case the commoners and the ratepayers were all agreed in desiring to see this improvement of the school, partly influenced, no doubt, by financial reasons, because unless these schools could be brought up to date, and unless the requirements of the Board of Education could be satisfied, there was no alternative but to have a new school. Hon. Gentlemen who do not care about the feelings of a locality and who are always ready to undertake any philanthropy at other people's expense, think that does not matter; but in this case I maintain the right hon. Gentleman had to consider what was the opinions of the Commoners, the ratepayers, and the general public in the district.

    There is no chance of extension except on common land, because this school was built in the middle of the common. The Board of Agriculture did not at once refuse. They took a long time to consider the matter. I venture to suggest that if the real reason of the President of the Board of Agriculture for refusing the application was that he objected to the enclosure of common land for the purpose of enlarging the premises of a privately owned school, it would not have taken him five minutes to have come to that decision, but he waited, a long time, and, such was the attitude of the Board, that the managers were led to believe it was favourable, and they have actually built the extension, and it is now completed on the ground which the President of the Board of Agriculture refuses to allow to be enclosed. That, at any rate, proves that in the early stages the Board gave no evidence of their desire to oppose this. When the premises had been completed the President of the Board of Agriculture suddenly sent down and said he refused his consent. I can only imagine the clue to the reason which inspired the right hon. Gentleman lies in a letter received from the Board on 16th August, and which I will quote to the House. On that date the Board of Agriculture wrote to the solicitors saying they were in communication with the West Riding County Council, and they trusted to be in a position to communicate further on the subject at an early date. There is something rather mysterious about this, because when the chairman of the West Riding Education Committee was asked last Wednesday as to whether he had had any communication with the Board of Agriculture in this matter he absolutely denied having had any communication with them whatever. His answer was that he had had no communication with the President of the Board of Agriculture, and, regarding the other members of the committee, he had spoken to several, and they knew nothing about any communications having taken place. I can only suggest that these conflicting facts—the letter of the President of the Board of Agriculture and the statement of the chairman of the education committee—show that there is something mysterious about this transaction, which only suggests that the right hon. Gentleman has been unfortunately got at by the education committee, which for many years has been notoriously hostile to the further existence of denominational schools. Everybody in the West Riding knows that fact; indeed, many members of the education committee openly glory in it.

    I have too high an opinion of the abilities of the right hon. Gentleman to believe that this is merely a matter of pedantry. I do not believe he was prepared to take the line that this enclosure was a matter of such importance as regards safeguarding the interests of the commoners and of the public, and it was absolutely necessary to refuse the permission. There must have been some other motive. The extension of the school was. absolutely necessary, owing to the requirements of the Board of Education. It could be effected in no other way, but the right hon. Gentleman has deliberately refused' to allow it to be done, and he has simply done so on the pedantic ground that it is not in the interests of the commoners. There must be something more than that, and I am taking this opportunity to raise the question in the hope that the right hon. Gentleman will have a chance of giving some better reason than he has hitherto done. What are the alternatives? Either to have the children cramped in an undesirable school or else have the expense of a new school forced upon the ratepayers. I venture to think the right hon. Gentleman must have some better reason for the action he has taken than that he will not agree to alienate the commoners rights in the interests of a non-provided school. There is another motive, and that is that he is taking a hand in this campaign against denominational schools. In so doing, I think he is degrading his high office in venturing to-use such an opportunity as this in dealing with a matter more proper for his colleague the President of the Board of Education to adjudicate upon.

    Do the managers propose to give an equivalent to the public for the land taken, and, if so, in what way?

    I am not aware that the Board of Agriculture ever made any such suggestion. In this case no compensation is possible. The school is situate in the middle of a common, and it is impossible to secure an extension in any other direction.

    I am not at all anxious to evade the question: which has been raised by the hon. Gentleman, and I rise at once to reply to the charge he has made that in the performance of my public duty I have been actuated by corrupt motives. [HON. MEMBERS: "No, No."] Certainly the doctrine on which the hon. Member leans is that no minister can carry out his public duty towards commoners without at once laying himself open to the charge that there was something mysterious, that there was something corrupt, and that there was something oppressive in the action that he took.

    Yes, the hon. Member said that I had an improper motive, that the ordinary allowance which is made for public men being actuated by public spirit should certainly not be extended to me, that I was carrying into this question, which had nothing whatever to do with my Department, some corrupt reason or other, and that I had been "got at" by representatives of the West Riding Education Committee. There is not a word or a syllable of truth in any one of those charges. If the hon. Member thinks it is such an important matter I will tell him the whole story. The formal application and the consent of the enclosure of a portion of this common came on 14th June. Let the House know perfectly clearly what the application was. This is a privately owned school. It is without a playground. The intention was to enclose a portion of the common in order to provide a playground for this school. I have taken the line since I have been at the Board of Agriculture that no common has to be enclosed at any time unless the reason for that enclosure is overwhelming. That certainly was not an overwhelming reason. That was a formal application. The ordinary forms were gone through, and in July an official letter was sent explaining that three months' notice must be given. Then there came a communication from the West Riding County Council. The hon. Gentleman says there is some discrepancy between? what has been said by the chairman of the education committee of the West Riding and what I have said in this House. I do not know what the chairman of the West Riding education committee may have said. I have only his word for it. But I will say this: That as he has read his statement to the House there is no discrepancy. In so far as the West Riding education committee is Concerned I have had absolutely no communication with any member of that committee from start till finish. The communication which I had in the first instance from the West Riding County Council came from the general purposes committee.

    It is not the same body. They have different interests. The general purposes committee of the West Riding County Council wrote asking the Board to refuse their consent because—

    "They are desirous that nothing should be done to take* away the benefits now enjoyed over the common."
    That is the only communication made by the county council. It came in no way from Mr. Dunn, who is chairman of the education committee. Does the hon. Gentleman suggest that this came from Mr. Dunn?

    Now the hon. Member believes that he is a member of both committees. He based his charge on the fact that I had been in corrupt communication with the education committee of the West Biding County Council—a very flimsy charge. The official letter sent to the county council pointed out the reasons for the application, and asked for any further observations that that local authority might have to make on the matter, which was nothing more or less than the ordinary procedure. The county council wrote saying that the county committee objected to any enclosure, except on grounds of pressing public necessity.

    The West Riding education committee then wrote saying that they

    "think the managers should satisfy the Board that the enlargement is so essential as to justify encroachment."
    11.0 P.M.

    That is the only request that ever. came from the education committee. That is a request which might quite properly have been made by the hon. Gentleman himself.

    I said there had been no request from the education committee that I should not grant the enclosure. I have stated clearly, frankly, and fully, every communication which has passed on the subject. Now we come to the autumn, and the suggestion is that because I refused to allow a piece of common to be enclosed I was trying to hit at a Church school. The principle on which the Noble Lord and his Friends would go is that any Church school which required land was entitled to take it from a common. There are too many public commons which have had land taken away from them in the past on principles such as this, and certainly so long as I am at the Board of Agriculture I shall not allow any others. If it had been a school owned by my denomination, which has voluntary schools, if it had been owned by the Catholics, it would have been in exactly the same position. If it had been owned by the county council—[Interruption.] Of course the hon. Member will not admit that anyone can say a single honest word except himself. If the school had been owned by the county council I should have given exactly the same reply. This common, it is true, is seventy acres in extent, and unless there is some more pressing necessity than is yet shown in this matter it will remain seventy acres. If there had been any idea on the part of those who own this school that the common should in any way be diminished in size, why did they not make an offer?

    It was not my business to ask them. Those who were making the request should at least have made some offer of compensation, but they made absolutely none, and I can only repeat what I said at the beginning that in doing this my sole object was to prevent this common being diminished in size, and I hope the House will support any Minister who endeavours to retain the commons of Yorkshire or any other county of sufficient size for public requirements, not only for the sake of the present ratepayers, but of their successors. The suggestion is that because the present ratepayers wanted to use part of the common in such a way as to save their pockets—I think that was the account given by the hon. Member—that I, who am the guardian of these commons, was not to do anything whatever to protect the commoners of the future from the greed, or, if you like, the thrift, of the commoners of the present time. But the sole object of having the commoners' rights protected by a Minister who is answerable to this House is that the present commoners shall not be allowed to alienate the rights which belong not only to them, but to their successors. When the hon. Gentleman says it was only 340 square yards, what does that matter. That is the way in which commons have been diminished in size in the past—a strip here, a corner there, a little bit of a field here, and a larger field there. Bit by bit many of the commons have been cut down to a size which is quite inadequate for the requirements of the Commoners. When I was at the Board of Education there were frequently charges of improper administration made across the floor of the House. There was always the suggestion that the Minister was actuated by religious or anti-religious motives. Certainly, so long as I have been at the Board of Agriculture, I have never been actuated by any religious or anti-religious motives. I thank Heaven that, so far as my Department is concerned, religion does not come within its purview. I am quite content to administer my office in the best interests of agriculture, and of all those who are dependent upon agriculture for their livelihood. I am certainly not going to allow those who are dependent upon commerce, whether in this generation or in future generations, to diminish any rights by a single square yard for this or any other object not more important.

    I am certainly not going to charge the right hon. Gentleman with corrupt motives. I must say, however, that he has used a great deal of fine language about common rights which is not applicable to the present case, where the use of a very small portion of a common, with the consent of everybody interested in the matter, was demanded in order that the children of the locality might have a place to play upon. That is the use which the right hon. Gentleman describes as a scandalous abuse. It was merely a small portion of the common that was applied for in order that it might be used by the children of a voluntary school. The school is built in the middle of the common. [An HON. MEMBER: "Why?"] I do not know. Can anyone state any reason to the disadvantage of this school why it is placed in the middle of the common. It is there, and it is accepted by the locality, and the Board of Education required certain enlargements. Enlargements have been made at the request of the Board of Education.

    The Board of Education did not require any enlargement in this particular case.

    The Board of Education will always say that if a certain number of fresh children were to be introduced a fresh number of places must be provided. If there were more children coming to the school, the school would have to be enlarged and the Board of Education would very properly require, as laid down in the regulations, a certain size of school to be provided. In this case everybody, the lord of the manor and the commoners, were prepared to give this small indulgence to the children of the neighbourhood. The Board of Agriculture stepped in and said, "Here is a voluntary school that may be taken at a disadvantage if a playground is refused, and those who are hostile to the existence of voluntary schools may be able to displace one more voluntary school and put the locality to great expense of building and providing a council school." That is the situation. The President of the Board of Agriculture in his zeal for common rights, denies this little exclusion of commoners rights in respect of a very small portion of the common for the benefit of the children of the neighbourhood. The right hon. Gentleman the President of the Board of Agriculture is indignant because we suggest that he has been somewhat affected in his judgment by the fact that this is a voluntary school. He claims that he has never in the course of his political career shown any sign of hostility to voluntary schools. I must remind him that we have most of us in our minds the recollection of Swansea. That case has a long history, and to him a painful history in the Law Courts. We cannot help thinking that in the case now under discussion, where everybody concerned in the matter was anxious that the children in the neighbourhood should have part of the common to play upon, there is no reasonable ground for the refusal by the Board of Agriculture to meet the reasonable request that was made.

    Perhaps the House of Commons is not aware of the facts con- nected with this particular case. The Board of Education took exception to the accommodation of this school on the ground that there was not sufficient space. This was a Church school for 172 children, and they reduced the accommodation to 143 children. Even with that accommodation for 148 children the playground was not quite adequate. But the Board of Education were quite prepared to recognise the school even with a somewhat less playground accommodation than under the Board's regulations is required. The Church of England managers desired to bring back their school from 143, which was approved by the Board of Education, up to the previous standard of 172. With a view to doing that they had to acquire additional space, and in order to acquire that additional space they took away commoners rights and extended their premises on to the common. I thought it due to the House to let them know what arc the facts.

    I do not know that the speech of the right hon. Gentleman the President of the Board of Education really makes any difference to the case stated by my hon. Friend. The fact is perfectly clear, that if the school was to have the number of scholars desirable in the interests of the locality that extension was necessary, and the fact is perfectly clear also that the President of the Board of Agriculture refused to allow the extension to be made. The only question for the House is to judge whether the President of the Board of Agriculture was right in doing so or not. He has endeavoured to show us that he was not actuated by improper motives, but at all events I think we are quite justified in accusing him of most arrant pedantry, and to try to make the House suppose, for a single instant, that he had refused the proposal in order to safeguard the common rights, is to my mind ridiculous. I think the House ought to have its attention drawn to the fact that the right hon. Gentleman gave himself away in his own answer when he said that even if this had been a proposal for a county council school, still in the interests of the commoners he would have refused to allow it. The excuse that he gave the managers of the school was that the commoners' rights could not be interfered with for the sake of a privately owned school. What did he mean by that distinction?

    The Noble Lord knows that I was not asked with regard to that, and if I had been I would have given it the same answer.

    I never heard a Government Department put its refusals on the flimsiest ground when they have a wide general principle upon which to base them. If his refusal had really been based on the fact that in any circumstances he would not take a single yard from any commoners' rights, then he ought to have said so. The fact is perfectly obvious to the House. The right hon. Gentleman has been actuated by a sympathetic feeling to those Radical Members of the West Riding County Council who are opposed to Church schools and as the President of the Board of Agriculture, and as administrator of the commons succeeding to the Enclosures Commissioners, which is not a political appointment, I think the House will agree that he grossly exceeded his duty.

    I have been at some trouble since this question was raised to search for a very old map which I have in my possession at home relating to this common. It deals with the commons and public rights in ancient form, right from Wakefield through Pontefract, and through the district to the hon. Member's own estate, and it contains very interesting in- formation with regard to the enclosures of the landowners in that district, of which I believe his own family records will bear some evidence; and it is a heartrending spectacle to find that common after common has been enclosed, including Brompton Marsh, to a considerable extent, which was in the happy hunting grounds of the hon. Member who commands so very well his fox and hounds. The spectacle of these commons which have been stolen all along the road—

    It being half an hour after the conclusion of Government business, Mr. SPEAKER adjourned the House without Question put.

    Adjourned at Fifteen minutes after Eleven o'clock.