House of Commons
Wednesday, January 19, 1916
New Writ
Motion made, and Question proposed, "That Mr. Speaker do issue his Warrant to the Clerk of the Crown to make out a new writ for the election of a Member to serve in the present Parliament, for the County of York, West Riding (Rotherham) Division, in the room of the Right Hon. Joseph Albert Pease, who since his election to the said Parliament has accepted the office of His Majesty's Postmaster-Gneral."—[ Mr. Gulland. ]
On the Question, I should like to ask the Government whether they would not, at this time, take into consideration whether the practice which necessitated the issuing of this writ might be abolished and the opportunity of the Coalition Government taken—
That is not relevant to the question of the issue of the writ.
Question put, and agreed to.
Spirits (Exports)
Return [Presented 18th January] to be printed.
Papers laid upon the Table by the Clerk of the House:—
Business of the House,—Return relative thereto [ordered 18th January; The Deputy-Chairman ]; to be printed. [No. 421.]
Private Bills and Private Business,—Return relative thereto [ordered 18th January; The Deputy-Chairman ]; to be printed.
Public Bills,—Return relative thereto [ordered 18th January; The Deputy-Chairman ]; to be printed.
Public Petitions,—Return relative thereto [ordered 18th January; The Deputy-Chairman ]; to be printed.
Select Committees,—Return relative thereto [ordered 18th January; The Deputy-Chairman ]; to be printed.
Sittings of the House,—Return relative thereto [ordered 18th January; The Deputy-Chairman ].
Oral Answers to Questions
War
British Steamers on Admiralty Charter
asked the First Lord of the Admiralty whether he will give the total number of steamers requisitioned by the Transport Department of the Admiralty during the months of November and December, 1915, and the first fifteen days of January, 1916?
During November, the total number of ships on Admiralty charter was increased by 111. The number actually newly requisitioned during the month was larger than that, but a certain number was discharged. The net additions during December were 129. If my hon. Friend wants the actual figures of requisitioning and discharging for these months, I can let him have them, but they could not be prepared in time for this reply. Since the 1st January twenty vessels have been discharged from service and 109 have received notice that they will be required to come upon Government service. Many of these, however, will certainly not be called upon for service at present.
Is my right hon. Friend aware that scores of vessels have been kept lying idle, and in some cases empty, for months at a time?
That allegation has been made, but is challenged by us.
Is the right hon. Gentleman aware that I have given him some instances?
asked the First Lord of the Admiralty whether he will explain why British steamers requisitioned by the British Admiralty and receiving payment at the Blue Book rates of hire money have been used for French military purposes, while French steamers have been free to engage in commercial trade and enjoy the rates of freight obtainable in that employment?
The majority of British steamers employed by the French have been chartered at market rates, others have been requisitioned at Blue Book rates as arranged between the British and French Governments. The French mercantile marine is already very heavily requisitioned at low rates of hire for French Government purposes.
Does the right hon. Gentleman not think it advisable to represent to the French Government that they should requisition French steamers for French military purposes, and so release the English steamers?
Royal Naval Air Service
asked the Secretary to the Admiralty if he can see his way to raise the age at which men can join the Royal Naval Air Service from thirty-eight to forty-one?
Before the right hon. Gentleman answers the question, may I ask him if, on the other hand, he can also state the youngest age at which men can join the Air Service?
The youngest age for the Navy generally and the Air Service is eighteen, but perhaps my hon. Friend will put his question on the Paper. In reply to the question on the Paper, the present regulations admit of the entry, for the period of hostilities, of specially desirable men who are over the age of thirty-eight, and this arrangement is considered satisfactory.
Is that generally known?
I cannot say, but I hope that this reply will make it so.
Admiralty Expenditure (Economy)
asked the Secretary to the Admiralty whether he can now give the names of those acting on the Committee appointed to consider how best to effect economies in Admiralty expenditure?
As I informed my hon. Friend on the 13th instant, the Chairman of the Committee is my right hon. Friend the Home Secretary. The other members of the Committee are Sir George Franklin and my hon. Friend the Member for the Hexham Division, with whom is associated Sir Alfred Eyles, Accountant-General of the Navy. Mr. A. Cunison, of the Admiralty, is acting as Secretary. The Committee, I may say, has already held four meetings.
Barley (Importations into Belgium)
asked the Secretary of State for Foreign Affairs whether an agreement or arrangement has been made by the Government permitting the importation of barley into provinces of Belgium in the occupation of the Germans; if so, whether he will state with whom such an agreement has been made, what are its terms, and why the Government has agreed to permit foodstuffs to be imported into districts occupied and administered by German troops?
asked the Prime Minister whether a deputation from Belgium by permission of the German authorities recently interviewed the British Government to request them to sanction the importation of malt or barley into Belgium; whether the reason given was that the German authorities threatened to seize the copper and other metal plant of the breweries in Belgium unless the plants were continued in use for brewing; and whether the British Government have allowed malt and/or barley to be imported into that part of Belgium which is in occupation of the German Army either from this country or from neutral countries?
asked the President of the Board of Trade if an agreement has been made between the British and German Governments under which barely may be imported into the provinces of Limburg, Antwerp, Liège, Luxemburg, Namur, and Brabant, and that part of Hainault which is not in the Etape, subject to the condition that the barley shall be used solely for the manufacture of beer and not for army use; and whether the amount to be imported under the agreement is 10,000 tons per month?
As there are three questions on the Paper to-day relating to this matter, this one, No. 58, to the Prime Minister, and No. 75 to the President of the Board of Trade, the House will perhaps allow me to reply to them together at length.
The permission referred to by the hon. Member for St. Augustine's has been given. It was based on the same general principles as the sanction given for the last fourteen months to the importation of foodstuffs by the Commission for Relief in Belgium, namely, that, in view of the policy of the enemy in Belgium, which is contrary to Conventions and rules of humanity, it is both the duty and interest of this country to mitigate the effect of the blockade on the population of its Ally so far as this can be done without direct benefit to the enemy and through a neutral organisation independent of his control.
On 5th November last, the Belgian Minister was informed, as the result of frequent representations received during the preceding months, which had been supported by the Belgian Government, but had been up till then refused by His Majesty's Government, that the importation of a monthly quantity of either 10,000 tons of malt or 12,000 tons of barley into Belgium would be agreed to, provided that:—
The necessary guarantees having been given, the Commission was authorised on 8th January to begin the importation of one month's supply only. No barley or malt can be spared from this country, and the Relief Commission will bring none from overseas owing to the shortage in shipping; but a small quantity is, I understand, obtainable in Holland, which would appear to be the only market open to the Brewers' Federation, in view of the existing shortage in the world's supply of barley and the lack of shipping.
Is the House seriously to believe that the Government rely upon importations of food-stuffs into a country controlled by Germans being for the benefit of Belgium brewers, and does he not think that it is perfectly idle to talk about an agreement that the brewers will not allow this or that, considering we know that the whole country—
That is a matter for argument.
Serbia
asked the Secretary of State for Foreign Affairs if he is aware of a statement made by the Prime Minister of Serbia that they had expected help from the Allies which did not come; that the Serbians otherwise would have engaged their three adversaries in a big battle; and whether he can make any statement as to the course decided upon by the British Government?
I have seen in the Press the statements referred to in the first two parts of the question, but otherwise have no information on the matter. The answer to the last part of the question is in the negative. I am not in a position to make a further statement.
Can the Noble Lord not hold out any hope that the Government will give some explanation of the extraordinary treatment of this country by the Government?
I cannot accept the adjective of my hon. Friend "extraordinary," but no doubt as soon as circumstances will permit my right hon. Friend will make a statement.
Will the Noble Lord represent to the members of the Cabinet that the great amount of misconception and ignorance with regard to our policy—
I would remind hon. Members that there are 117 questions.
Holland (Imports)
asked the Secretary of State for Foreign Affairs whether it is possible for merchants in Holland to import goods which are not consigned to or controlled by the Netherlands Oversea Trust; and, if so, what restrictions, if any, are placed on such goods going into Germany?
So far as concerns goods exported from the United Kingdom, I would refer the hon. Member to the Orders in Council of 7th October and 15th November, 1915, enumerating the classes of commodities which can go to Holland not consigned to the Netherlands Oversea Trust.
As regards goods reaching Holland oversea from neutral countries which come under the control of His Majesty's Navy, none are allowed to proceed if consigned otherwise than to the Netherlands Oversea Trust except shipments of certain commodities such as wheat, nitrates, drugs, imported by the Netherland Government for consumption in Holland; coffee and cinchona, the produce of the Dutch colonies, if consigned to the representatives in Holland of the estates on which the goods were produced; and limited quantities of a certain number of fresh and dried fruit from neutral or Allied countries in the Mediterranean and Portugal.
There are no restrictions, except as described above, on the re-export from Holland to any destination of goods imported consigned otherwise than to the Netherlands Oversea Trust or the Netherland Government.
German Export Trade
asked the Secretary of State for Foreign Affairs if he is aware that the steamship "Noordam" arrived in New York from Rotterdam on 20th December with German goods consigned to the following firms: Strobel, Duegeleisen, Silberstein, Schulemann, Schwarz, Rothschild, Goissling, Hamburger, Kayser, Cæsar, Zublike, Burne, Macy, Steinfeld, Sonn, Von Kokeritz, Judae, Shackman, Juillard, Jacobson, Wilken, Block, Lunham, Hermes, Wimelbacher, Buetell, Frankel, Bing, Seeman, Leichow, Amerman, Zwilcheuhart, Waldemar, Saurer, Riglander, Kridel, Vandegrift, Rothenstein, etc.; whether the Government approved of these shipments; and what steps are being taken to restrict German export trade through Rotterdam?
As the House has been repeatedly informed, His Majesty's Government have allowed free passage from neutral ports of goods of enemy origin on the production of satisfactory proof that such goods were ordered and paid for by the neutral importer before 1st March last, or that they were purchased before that date under a contract making the importer liable for payment whether the goods were delivered or not.
Under this arrangement, permits were granted for shipments of enemy goods to twenty-four out of the thirty-eight persons mentioned, all of them being United States citizens. With regard to the remainder, permits may have been granted, though they cannot be traced from the names quoted.
Is the Noble Lord aware that these Germans in New York toasted the health of the British Foreign Office at Christmas time?
Hong Kong
asked the Secretary of State for the Colonies how many Germans of military age there are at present at liberty in the Colony of Hong Kong; and what are the reasons for this special treatment?
There are two male German subjects and and one male British naturalised subject of German birth at liberty in Hong Kong. Of the German subjects one is a Roman Catholic priest, who is a German-Pole by birth, but of anti-German views; the other is the licensee of the Grand Hotel, as to whom I would refer the hon. Gentleman to the answer given to his question on the 4th January. Both were allowed their liberty with the concurrence of the General Officer Commanding troops.
Were not the German colony deported from Hong Kong on the 15th inst., as it was announced they would be?
I understand so.
Compulsory Service (British Dominions)
asked in how many British Dominions and Colonies the principle of compulsory service has been introduced?
Legislation involving compulsory service for the purpose of defence exists in Canada, Australia, New Zealand, South Africa, British Guiana, Jamaica, Antigua, Dominica and Montserrat, St. Kitts-Nevis, Bahamas, St. Helena, the Straits Settlements, Fiji, and the East Africa Protectorate.
Is it not the fact that the Governments of both Canada and Australia are pledged not to entertain Conscription for overseas service?
asked whether a Compulsory Service Bill has been introduced in British East Africa by the Government; and, if so, what its proposals are?
The Ordinance received the Governor's assent on the 7th December. Its main provisions are that the Governor has power to sanction the formation of military corps and that every male between the ages of eighteen and forty-five is liable to service therein, subject to certain exceptions which are to be dealt with by a war council and district committees.
Commonwealth of Australia (Passport System)
asked the Secretary for the Colonies, if, for the convenience of the public, he can give any details of the passport system to be introduced by the Commonwealth of Australia; and whether he can at the same time state whether passports are necessary for other British Dominions and Colonies?
The Commonwealth Government have issued a Regulation to the effect that after 29th February aliens will not be permitted to land without special permission, unless they are in possession of passports or other documents satisfactorily establishing their nationality and identity. The Regulation does not affect British subjects. The new passport Regulations for the United Kingdom have been communicated to the Governments of the various Oversea Dominions; but I am not aware how far similar Regulations have been put in force in those Dominions.
Naval and Military Pensions Act, 1915
asked the Under-Secretary of State for War what steps are being taken under Clause 3, Subsection (j), of the Naval and Military Pensions Act, 1915, to ensure the chance of employment for men discharged from the service by reason of injuries received during the present War; and whether any central office has been set up to which hospitals may send details of men so discharged, and to which public bodies, firms, or individuals can notify posts which they can offer to such men?
My right hon. Friend has asked me to answer this question. The duty of making provision for the training and employment of disabled officers and men has been placed upon the Statutory Committee established in pursuance of the Act referred to, which further provides that the Statutory Committee shall appoint a special subcommittee for the purpose. The Statutory Committee held its first meeting on Monday. Steps are being taken with a view to the appointment of the special sub-committee, who will then consider the best methods of making the required provision for employment and training.
Recruiting
Army Leave Regulations
asked the Under-Secretary of State for War whether arrangements can be made as far as possible to allow soldiers who have been longest in the trenches and fighting line leave for a reasonable time in preference to those who have had shorter service?
I have explained to the House on previous occasions that leave is given to those who have been longest at the front in preference to those who have more recently gone out. This does not mean that no man receives leave until all those who have gone out longer than him have received leave, but that, as far as possible, those who have been out longest receive leave first.
Prees Heath Camp, Whitchurch
asked whether, recruits are being placed under canvas at Prees Heath, Whitchurch; whether there is insufficiency of hut accommodation; and whether, in view of the difficulties of training men due to the state of the camp, it is proposed to remove promptly any of the battalions to better training grounds which are provided with huts?
I am afraid that I cannot confirm my hon. Friend's information on any of the points stated. My information is that there are no recruits under canvas at present, and that there are no difficulties of training due to the state of the camp, which is said to be good. I have made special inquiries on the point.
Bletchley Rest Camp
asked the Under-Secretary for War if he will have an inquiry made into the condition of the rest camp at Bletchley, where it is alleged that the huts are not heated at all, the blankets are damp, and the whole camp is erected on mud; and, if the facts are as alleged, will he have an improvement effected immediately?
The allegations on which my hon. Friend has based his question are not, according to my information, correct. The huts are heated, the blankets are not damp, and if there is mud I think that Bletchley merely shares this depressing inconvenience with other places in the United Kingdom and elsewhere. The commanding officer is satisfied with the conditions prevailing at Bletchley Camp to which he gives his constant attention.
Anti-Aircraft Defence (London)
asked the Under-Secretary for War, who is in charge of the defence of London from hostile aircraft; and whether any change in this behalf is contemplated?
The London antiaircraft defences are still under the control of the Admiralty. It is not desirable in the public interest to make any further statement at present.
Is the right hon. Gentleman aware that the answers on this subject have left considerable doubt in the minds of a considerable number of people. Will he soon be able to make some definite statement?
I hope so.
German Casualties
asked the Under-Secretary for War the total German casualties as published in the Berlin casualty lists to date, stating separately the numbers given under the heads of killed, died, severely wounded, and missing?
I gave figures on the 21st December on the basis of the latest information then available, and my present information does not go much later. Since the 21st December the figures have been reviewed and re-calculated.
The German casualties are as follows:—
Killed 588,986 Died 24,080 Wounded (This figure includes both wounded and severely wounded.) 1,566,549 Missing and prisoners 356,153 Total 2,535,768
Are these the figures for Prussia only or for the whole of Germany?
They are the figures for the whole of the German Army. They are derived from what information we have available, but it does not follow that that is all the information that there is. They are the latest figures we have, and I take it they carry us to the end of the year.
Unless these figures are elicited by question and answer in this House, they are not available to the general public, which gets nothing except doubtful newspaper reports from Amsterdam and Rotterdam. Cannot the right hon. Gentleman arrange to supply the exact figures at intervals to the Press Bureau?
I will give these figures to the Press Bureau, if that is what the Noble Lord wishes.
Will the right hon. Gentleman do it once a fortnight as the casualty lists come in from Berlin and are calculated by the War Office, and will he communicate the information, of which I understand the Government have been in possession all through, to the general public immediately?
I am as desirous as anyone that the public should have all the information which is available, but, at the same time, the House will realise that the sources of information at our disposal are not complete by any means, therefore I cannot guarantee the accuracy of these figures. I am certain that some hon. and right hon. Gentlemen might not consider them quite accurate, because they have other sources of information. If the Noble Lord still thinks it desirable that they should be communicated through the Press Bureau I will take the necessary steps.
May I ask—
The hon. Member should put his question down.
Remount Purchases
asked the Under-Secretary of State for War the number of horses bought from America for military purposes by the War Office during the year 1915, and from the Colonies, England and Wales, and Ireland, respectively, during the same period?
In the United Kingdom 346,561 horses have been purchased. The Indian Government Remount Commission in Australia has sent to Egypt and France for the Imperial Government 12,331 horses. In addition to the foregoing the Colonial contingents have horsed themselves from their own territories, and Australia has, in addition, provided India with approximately 25,000 remounts. The Remount Commission in Montreal has shipped to England a large quantity of horses, but I would prefer to furnish the hon. Gentleman with information on this point privately, if he will permit me to do so.
Officers Widows' Pensions
asked the Under-Secretary of State for War whether the widow of a captain who had twelve years' service in the Regular Army at the time of his death on active service and the widow of a temporary lieutenant with the same number of months' service receive, under present regulations, the same amount of pension; and whether it is intended to make any change in this matter?
If the officer is killed in action or dies of disease contracted on war service the pension is the same in the two cases, but the gratuity given to widows of officers killed in action increases with the rank. It is not proposed to make any change in these arrangements, which have received the approval of this House on the Report of the Select Committee.
Horse-Standings (France)
asked the Under-Secretary of State for War whether the Claims Commission of the British Army in France have appointed rent officers, and, if so, whether it is part of the duties of these officers to lease land for the purpose of constructing horse-standings; whether any of these horse-standings are already partly or wholly completed; and whether adequate steps have been or will be taken to ensure that when a division moves from an area in which horse-standings have been built the incoming division may be informed as to which villages in the area contain horse-standings, in order that such villages may, as far as possible, be utilised for the accommodation of Cavalry or Artillery, and not Infantry?
Rent officers have been appointed. I feel sure that the considerations mentioned by my hon. and gallant Friend are fully taken into account by the military authorities concerned.
Damaged Flour (Dublin)
asked the Financial Secretary to the War Office the names of other places besides Dublin in which flour purchased for the Army was damaged by heating from improper storage, rejected by the soldiers, and sold at a loss; whether the purchase price of the flour so damaged in Dublin was £20 per ton and the selling price 30s. per ton; what is the gross quantity of flour so damaged and the total loss on it, including storage and handling; whether the damaged flour was fit for human food; and, if not, what steps were taken to prevent its being retailed for that use?
As far as I know there are no other places besides Dublin in which flour purchased for the Army has been damaged through improper storage. The purchase price of the Dublin flour was substantially below £20 per ton; the selling prices, so far as reported, ranged from £4 5s. (for sweepings) to £13 4s. per ton. The total quantity damaged was 86,680 bags. The total loss is not yet ascertained. The bulk of the flour was fit for food after reconditioning.
House Rents (East Anglia)
asked the Financial Secretary to the War Office whether he is aware of the hardship inflicted upon owners of houses in East Anglia occupied by the War Office through the failure of the War Office to pay the rent due, in spite of repeated applications; and whether he will take steps to remove this grievance of a district which has suffered heavy pecuniary loss through the War?
I am making inquiries into this matter as a result of representations which have been made to me. Some particular instances of delayed payments which have been brought to my notice are being examined, and if my hon. Friend will furnish me with the details of other cases I shall be very glad to inquire into these also.
Gloucester War Agricultural Committee (Motor Lorries)
asked the Financial Secretary to the War Office whether any, and, if any, how many service motor lorries have been placed at the temporary disposal of the War Agricultural Committee of the Gloucestershire County Council to carry the many thousands of tons of stable manure which has been produced at the remount depot at Avonmouth to Gloucestershire farmers occupying land 10 to 20 miles away?
A report has not yet been made by the local military authorities, but I understand that they have the matter in hand.
Mesopotamian Campaign
asked the Prime Minister whether the Mesopotamian campaign has been under the exclusive control of the Indian Government, and whether the cost will be borne by the Indian Government or by the British nation, or by both?
The operations in Mesopotamia are under the immediate control of the Government of India, subject to such orders or directions as may be given from time to time by His Majesty's Government. As regards the second part of the question under the arrangements contemplated in the Resolutions of Parliament of 26th November, 1914, the Government of India will bear the ordinary charges connected with the force in Mesopotamia, the Imperial Government the extraordinary.
asked the Secretary of State for India whether there is any further information he can give the House regarding military operations in Mesopotamia?
A telegram from the General Officer Commanding, dated the 18th, and received by me this morning, states that the weather conditions have been atrocious, and have stopped all progress.
asked the Secretary of State for India whether he is aware that letters giving a description of the recent battle at Ctesiphon and written by officers engaged are being published in the Press, which can necessarily give only an account of the operations and battle as they came under the observation of the writer; and if the India Office are yet in a position to publish General Townshend's official dispatch?
I have not yet received any dispatch on the subject.
asked the Secretary of State for India whether the districts between General Aylmer's force and the Persian Gulf are tranquil; whether the necessary reinforcements for Mesopotamia have arrived at Basrah and are now proceeding up the Tigris; and whether General Townshend's force at Kut-el-Amara and General Aylmer's forces are in close touchy?
So far as I know the region in question is tranquil. With regard to the rest of the question I must refer the hon. Member to the replies which I gave him on the 6th and 17th of this month.
asked the Secretary of State for India, whether he can give the House any information as to any measure of co-operation between the British forces operating in Mesopotamia and the Russian forces in Persia?
I am unable to give any information on this subject.
Gold Reserve
asked the Chancellor of the Exchequer whether, in view of the fact that the amount of gold held by the German Imperial Bank on 31st December, 1915, was £122,259,250, while that held at the same date by the Bank of England was £51,338,430, and in view of the fact that at present the Bank of England is legally obliged to give gold to any amount and to any person who may tender notes, he will introduce legislation to limit the amount which the bank may be called upon to pay out during the War?
My right hon. Friend would regard any legislation of the kind suggested as highly undesirable.
Exchequer Bonds
asked the Chancellor of the Exchequer whether arrangements have just been completed by his Department whereby applications for 5 per cent. Exchequer Bonds, 1920, will be received, the bonds issued, and registration of holdings of these effected by the Bank of Ireland; and, if so, will he say whether similar arrangements will be made for Scotland, in view of the facts that the people of that country have an invincible objection to dealing direct with the Bank of England, and that such objection leads to many possible applications for loans and purchases of Exchequer Bonds being withheld?
Arrangements have been made under which the Bank of Ireland will act for the Bank of England in receiving applications for and issuing 5 per cent. Exchequer Bonds, 1920, and for the registration of holdings. It is not proposed to make any corresponding arrangements in Scotland, where there is no Government Bank corresponding to the Bank of Ireland, and where no shipment of valuable documents across the sea is involved. No estimate has been framed of the comparative volume of business in Exchequer Bonds likely to originate in different parts of the United Kingdom, but I cannot think that any considerations of the kind mentioned by my hon. Friend will deter Scotsmen from making a good investment.
Does the right hon. Gentleman know that the Royal Bank of Scotland—
The right hon. Gentleman cannot be expected to know that. The hon. Member had better put a question to the Chancellor of the Exchequer.
Deutsche Bank
asked the Chancellor of the Exchequer (1) if the liquidation of the Deutsche Bank has been completed; and, if so, why is the bank still a going concern; (2) if the manager and many of the staff employed by the Deutsche Bank before the outbreak of war are still employed there under the supervision of Sir William Plender; and (3) what has been the cost per week of the administration of the Deutsche Bank?
The Deutsche Bank London Agency has not yet completely discharged its liabilities to creditors other than enemy creditors. The bank has not since the beginning of the War been allowed to undertake any new business, and is only a going concern in the sense that it has been kept open for the sole purpose of discharging its liabilities to British, Allied and neutral creditors. My right hon. Friend is informed that of the original staff of 402 at the time of the outbreak of War exactly 100, including the manager, are still employed at the bank under the supervision of Sir William Plender. The weekly cost of the control and supervision of the bank is, it is understood, about £92. This cost is borne by the bank, and no expense is incurred from public funds in connection with such control and supervision.
Why cannot business be carried on through the Bank of England, instead of continuing to employ Germans in this country?
I believe the number of enemy employés at the beginning of the War, nearly 200, is now reduced to ten. It cannot be reduced further compatibly with the efficient carrying on of the business.
Why is such a firm allowed to carry on business?
Chemical Manures
asked the Parliamentary Secretary to the Board of Agriculture whether any arrangements have been made similar to those made at the end of last year to enable farmers to secure sulphate of ammonia or nitrate of soda at reasonable prices for use in the coming spring?
The Departmental Committee on Supplies of Fertilisers are endeavouring to make arrangements to ensure ample supplies of sulphate of ammonia for spring requirements, and an announcement on the subject will be made very shortly. As I have previously stated, the price arranged for November and December was the result of a special arrangement made in order to secure an increased use of nitrogenous fertilisers, and it would not be right to expect the same price to be fixed for the ordinary spring supplies.
Is the Department taking any steps to reduce the exports of this sulphate so as to enable farmers to get it at a cheaper rate?
That is the point.
Shipping Freights
asked the Prime Minister whether, having regard to the failure of the Admiralty to handle expeditiously and economically the portion of mercantile marine under its control and the increase in the rates of freight, he will declare all commercial shipping a controlled industry, creating at the Board of Trade adequate machinery for dealing with the problem?
asked the President of the Board of Trade (1) whether his attention has been directed to the rise in freights; whether he will consider the immediate necessity of devising some means to ensure a more reasonable charge; and whether, in connection with the Admiralty, he will endeavour to liberate vessels to carry food and fuel supplies; and (2) whether, in view of the increase in the price of food, coal, and other commodities owing to the cost of freights, he will consider the advisability of the Government taking control of the commercial tonnage?
asked the President of the Board of Trade whether he is aware that the freight of 150s. per ton which is now being demanded for cargoes from the River Plate to the United Kingdom is equivalent, approximately, to 3d. in the price charged for a 4 lb. loaf of bread, and that pre-war freights of about 12s. per ton were responsible for less than ½d. in the price of such a loaf; whether he is aware that wheat in the Argentine is as cheap to-day as it was before the War, and that abundant supplies of wheat and feeding-stuffs are, or will be shortly, ready for shipment from River Plate ports; and will he say what action the Board of Trade has taken or proposes to take to arrange for the transport to this country at reasonable rates of part of the abundant harvest of the Argentine?
asked the President of the Board of Trade whether he can state the reasons for the recent rise in freights from the Argentine; and whether British shipowners are reaping the benefit of these high freights?
asked the President of the Board of Trade what immediate action he proposes to take to deal with the still advancing shipping rates?
The subject has, for some time past, been receiving the constant attention of the Government, and it is undoubtedly one of the most important problems we have to face at this stage of the War. There is a serious shortage of world's tonnage as compared with the world's requirements. We went fully into the question of commandeering the whole of British tonnage in order to regulate freights, and came to the conclusion (a conclusion which is, I believe, confirmed by all experts who have studied the question), that this particular remedy would only aggravate the shortage of tonnage available for the United Kingdom and the Allies. It would, in short, make things worse. We did, however, in November take steps, firstly, to restrict the employment of British ships between foreign ports, and, secondly, to requisition ships for the carriage of food-stuffs. We are now taking steps to co-ordinate more closely the demands for tonnage for military and naval purposes and for munitions and food for ourselves and the Allies; to secure further economy in the use of requisitioned tonnage; and to increase the amount of tonnage available. The recent rise in the Plate rates referred to in the question by the hon. Member for the Toxteth Division was largely due to the fact that a large number of steamers which were fixed for other purposes (mainly the conveyance of food-stuffs from the Argentine to this country) had to be requisitioned suddenly by the Transport Department to bring nitrates for making explosives from the West Coast of South America. The only steamers available to take their place were neutral vessels, and neutral vessels, owing to their immunity from requisition, can command higher rates than British ships. By stricter coordination we hope to avoid sudden rises of this kind in future, and by strict economy in the allocation and use of tonnage we shall be able to meet all the essential requirements both of ourselves and of the Allies; but the need for economy of tonnage in every Department is imperative, and articles which are not strictly necessary at the present moment may have to be shut out.
Is the right hon. Gentleman aware that there is a great and extravagant waste of the tonnage requisitioned by the Admiralty, and has he already made representations to the Admiralty to release many of these steamers?
I think the Admiralty is aware of the fact that any economies they can make in the use of tonnage will be for the general good. They are conferring with the other Departments concerned with that object in view at present.
Is my right hon. Friend aware that the available tonnage is enormously restricted in effective working capacity by the scarcity of labour for the discharge of cargoes; and, in addition to that a very great number of steamers are coming home without cargoes where cargoes might be brought?
In reply to the first question, the Transit Committee have already communicated to the Government their anxiety with regard to dock labour and we are trying to make arrangements for some dock labour, which is specially necessary to be returned from the forces for this necessary national work. In answer to the second question, we are doing all we can to induce vessels which have gone out of cargo to bring cargo back with them, and if we succeed in the measures which are now being taken we hope there will be a very limited restriction of ballast voyages.
Why have the Board of Trade taken no action to prevent the sale of British tonnage to neutrals up to November last?
We have taken all the action which is within our power, and we added to the power we then had by an Act of Parliament which was passed through this House. Since that Act was passed no vessels have been transferred without the direct formal sanction of both the Admiralty and the Board of Trade.
Is it not the fact that 200 or 300 British vessels have been sold to foreign countries since the beginning of the War?
Yes, Sir.
asked the Chancellor of the Exchequer whether, having regard to the advances in rates of freight, he will arrange to deal with shipowners' profits on the lines adopted with regard to controlled establishments, securing to the State all profits earned since the declaration of war in excess of 20 per cent. more than the datum pre-war profits, thus largely eliminating the interest of shipowners in advancing rates and so penalising most other forms of industry?
The taxation of excess profits in any period of account ending prior to the 1st July, 1915, has already been provided for by the provisions of the Finance (No. 2) Act, 1915. For the rest, my right hon. Friend is unable to anticipate the contents of any future Finance Bill.
asked whether at present owners of British ships are at liberty to sell them to subjects of neutral countries?
The transfer of ships from the British register during the War, except with the approval of the Board of Trade, is prohibited by the British Ships (Transfer Restriction) Act, 1915.
Runciman (London), Limited
( by Private Notice ) asked the President of the Board of Trade whether his attention has been called to a statement in the "Times" newspaper this morning to the effect that the firm of Runciman (London), Limited, have, in their capacity of shipbrokers, been offering to charter tonnage on Government account. Whether he has informed himself as to the reasons why this particular firm were selected for the purpose of this business; and whether he has any connection with the firm in question; and whether he has any information as to the reasons for the statement referred to?
The International Joint Committee for the Purchase of Wheat, of which I am not and never have been a member, informed me this morning as follows: The Committee came into existence on the 30th of December, and Messrs. Ross T. Smyth and Company, who went out of the corn trade in order to be free from any competing private interest, were appointed as agents. Pending other arrangements which were under discussion and in view of the urgency of the demand for prompt tonnage, they continued their practice of chartering the greater part of their tonnage through the Runciman firm, with whom they said they were satisfied when trading on their own account. The new arrangements for opening a chartering department of their own, in accordance with the wish of the Committee, were completed last week.
Before the Committee was set up I took part in the preliminary discussions, and my advice to the Departments concerned was that they should employ one broker, and because of inflated freights pay him not on a commission basis, but by lump sum for his services. This was the plan suggested by me to the Indian Wheat Committee and followed by them last season. To the meeting at which I made this suggestion I took the liberty of inviting Mr. Glanville, who had served the Indian Committee satisfactorily, but I have been informed this morning that the arrangement has been made with another gentleman who will have the same advantage as Mr. Glanville of not labouring under the disability of being related to me. He will be the servant of Ross T. Smyth and Company.
So far as the firm of Runciman is concerned I can only say that I retired from it ten years ago on taking office in the Government of Sir Henry Campbell-Bannerman, and since then my sole connection with it is that the hon. Member for the Hartlepools is the head of it, and that I am his son, a relationship of which I have every reason to be proud.
It is not for me to explain the motives of newspapers in making insinuations concerning or attacks on individual Ministers.
Men Enlisted (Contractual Obligations)
asked the Prime Minister whether it is proposed to introduce any legislation to enable men who have joined, or are about to join, His Majesty's Forces to be relieved from their contractual obligations, such as rent, insurance premiums, mortgage interest, etc.?
The Government are not at present proposing legislation on this subject. If any legislation were proposed it would have to take the form of an Amendment of the Courts (Emergency Powers) Act, 1914.
Potato Crop (Shortage of Trucks)
asked the Parliamentary Secretary to the Board of Agriculture whether he is aware that several thousand tons of potatoes grown in the North-Eastern counties of England cannot be removed from the area of their production owing to railway trucks not being available for their consignment; and whether, during the next few weeks, in order to save for consumption a large quantity of human food, potato growers in these counties can be furnished with facilities for placing their potatoes on the market?
The Board are aware that there is a great shortage of trucks for agricultural requisites and produce in the North-Eastern counties, and in association with the Board of Trade and the Railway Executive Committee they are doing everything possible to secure the means of transport required by agriculturists.
Will the right hon. Gentleman take special steps to prevent these potatoes rotting and therefore being lost for public consumption?
Yes; but if we take special steps about everything, it puts everything in the same position. The question of potatoes is not the only one of extreme urgency in regard to which we are doing everything possible to provide trucks.
Commercial Agreements
asked the President of the Board of Trade whether His Majesty's Government contemplates making a commercial agreement between Great Britain, the British Dominions and Foreign possessions, and the Allied nations; and, if not, what specific action it proposes to take upon the Resolution of the hon. Member for Hereford which has been adopted by the House?
This question, with others relating to the policy to be adopted in commercial matters after the War, is receiving careful consideration, but I am not yet in a position to make a more definite announcement on the subject than I made in the House on 10th January.
Did not the hon. Member deal more with steps to be taken during the War than after the War?
Industrial Advisory Committee
asked whether the Advisory Committee appointed to report on certain industries have completed their inquiry; whether their Report has been already received by the Board; and, if so, whether it can be at once communicated to Members of the House?
The Sub-Committee appointed by the Advisory Committee on Commercial Intelligence to make recommendations as to the best means of securing the position after the War of industries undertaken in consequence of the Exchange meetings and British Industries Fair organised by the Board of Trade has made a Report which has been adopted by the Committee and presented to the Board of Trade. I fully recognise, in common with the Committee, that many of the recommendations are of wider scope than the particular group of industries to which the inquiry of the Sub-Committee was confined, and that any decision thereon must involve considerations of policy affecting many other industries and interests. I feel, nevertheless, than pending the institution of wider inquiries it is desirable for the public to be made acquainted with the information so far obtained. I have, therefore, given instructions for the publication of the Report, without, of course, taking responsibility for any of its conclusions.
Property of Alien Enemies
asked the President of the Board of Trade, in reference to the Return of the property in this country owned by persons in Germany, amounting to £105,000,000, if he can state to what extent is that property mortgaged to institutions or individuals in this country?
I am unable at present to give exact figures, but it is estimated that of the £105,000,000 of property in this country owned by persons in Germany about £30,000,000 is subject to charges in favour of persons here. The amount of such charges is estimated to be about £10,000,000.
asked the President of the Board of Trade if he has received a communication from the Associated Chambers of Commerce of the United Kingdom expressing the opinion that it is desirable, in the interests of British traders and the public, that a list should be published of the businesses established in this country which are owned partly or wholly by alien enemies and are being supervised by the Board of Trade; if so, will he state if such a list will be published; and if he will state what instructions are given to the officials appointed by the Board of Trade to supervise such businesses, and whether they have any general powers or discretion beyond the limits set forth in such instructions?
I have received a communication from the Associated Chambers of Commerce of the United Kingdom, dated 17th January, asking that a list of supervised businesses should be published, but I do not think that it would be advisable to publish such a list, on account of the injustice which would result in certain cases to British shareholders. The whole subject is dealt with comprehensively in the Bill which was introduced yesterday. The instructions given to supervisors vary according to the circumstances of particular cases. Supervisors are usually requested to exercise control over the banking account, but the exact procedure to be adopted to secure that there is no trading with the enemy, and that no money is paid to or for the benefit of an enemy, is left to their discretion. The supervisors report to the Board of Trade from time to time.
Can the right hon. Gentleman say whether he is prepared to publish a list of the names of firms in which 90 per cent. of the capital is held by Germans or enemy aliens?
I will consider that.
Coal Supply
asked the President of the Board of Trade whether he is aware that the quantity of coal available for home consumption in the year 1915 was 188,965,000 tons, against 183,849,000 tons in 1914, an increase of 5,116,000 tons; and whether, in view of this increase, he is prepared to consider a reduction in the price of coal to the home consumer?
The figures given represent the amount available for home consumption and for the Admiralty in the twelve months ended July, 1915, and July, 1914, respectively. The increase is due to a reduction of export, the quantity exported having been nearly 30,000,000 tons less in the later period, and I do not think it affords any ground for an amendment of the Price of Coal (Limitation) Act.
Margarine (Dutch Manufacturer)
asked the President of the Board of Trade whether he has any information as to a firm of margarine manufacturers in Holland being a German firm and sending out margarine as of British manufacture and enclosed in wrappers containing the impress of the British flag; whether he is aware that this firm is in competition with British margarine manufacturers; and what action he can take on the question?
I have received a communication in which an allegation of this nature is made, and I am in consultation with my right hon. Friend the President of the Board of Agriculture and Fisheries on the subject.
War Risks Committee (Damage to Buildings)
asked whether, in a recent claim under a war risks Government policy, special instructions were given by the War Risks Committee not to undertake to reinstate the damage building; to decline to allow the fees of architects; and to limit their award to the actual cost of the builders' work only; and whether this course is contrary to the practice of the tariff insurance offices?
If my hon. Friend will give me particulars of the claim to which he refers, I will make inquiries into the matter.
Preventive Men (War Bonus)
asked the Secretary to the Treasury whether he is aware that all the preventive men in the main ports of the country have passed a resolution protesting against the decision of the Treasury not to grant their application for a war bonus and asking that the matter be referred to an independent arbitrator; whether he has received such resolutions; whether he is aware that, owing to the low wages prevailing in this grade, the increased cost of living is being felt by these men; and whether, in view of the fact that the men have had no substantial improvement in their pay for a considerable period and of the fact that the Board of Customs and Excise regarded their application for a war bonus favourably, he will grant the request made and submit the matter to arbitration and thus carry out the advice that the Government have given to private employers of labour and other Departments of the Government?
I am informed that a memorial from representatives of the whole body of preventive men was received by the Board of Customs and Excise on Saturday last, and the Board have also received local representations on the same subject. They are reporting to the Treasury, who will give the claim due consideration.
In considering the question, will notice be taken of the fact that some of these men are only paid 18s. a week, and that no revision of wages has taken place since 1911?
I will see that those facts are considered.
Local and Sub-Post Offices
asked how many local or sub-post offices have been closed in Ireland, England, Scotland, and Wales, respectively, since the commencement of the War; and how many local or sub-post offices existed in Ireland, England, Scotland, and Wales, respectively, at the commencement of the War?
The information which the hon. Member desires as regards the number of sub-offices which have been closed since the commencement of the War could only be obtained by wide inquiry, and I do not think it right to demand it of officers who are seriously pressed with work. Discretionary power has been given to local executive officers to close sub-offices in certain circumstances. The numbers of sub-offices on the 31st March, 1914—the latest figures available before the War—were: England and Wales, 18,100; Ireland, 2,944; and Scotland, 2,312. The figures for March, 1915, were approximately the same.
Irish Agricultural Organisation Society
asked the Secretary to the Treasury what change has taken place in the terms under which the Grant was made from the Development Fund to the Irish Agricultural Organisation Society?
In previous years the Grant made from the Development Fund to the Irish Agricultural Organisation Society was equal to the society's own income derived from (a) affiliation fees, (b) subscriptions from affiliated societies, and (c) donations and subscriptions from individuals. Under the new conditions the variable Grant made is equivalent to the sum derived from (a) and (b) only. The emergency Grant was made for the year 1915–16 and was intended to cover the loss of subscriptions due to the War, and the equivalent Grant from the Development Fund.
Postal Delivery on Sundays (Ireland)
asked the Postmaster-General whether he is aware that dissatisfaction has been expressed in Ireland respecting the proposal to discontinue delivery on Sundays; and whether he will consider the advisability of retaining this service?
I am aware that this question has given rise to discussion in all parts of the United Kingdom. The whole matter is still under consideration.
CLAUSE 3.—(Supplemental Provisions as to Certificates of Exemption.)
(1) A certificate of exemption may be reviewed by the authority by whom it was granted at any time on the application either of the holder of the certificate or of any person generally or specially authorised for the purpose by the Army Council, and may be withdrawn or varied if the authority are of opinion that, in the circumstances of the case, the certificate should be withdrawn or varied.
(2) It shall be the duty of any man holding such a certificate, if the circumstances which led to the granting of the certificate are changed, to give notice to the authority mentioned in the certificate that the circumstances are so changed; and if he fails to do so, he shall be liable on summary conviction to a fine not exceeding fifty pounds.
(3) Where a certificate of exemption ceases to be in force owing to the withdrawal of the certificate or the failure to comply with the conditions on which the certificate was granted or the expiration of the time for which the certificate was granted, the man to whom the certificate was granted shall, as from the date on which the certificate so ceases to be in force, be deemed to have been enlisted and transferred to the Reserve in the same manner as if no such certificate had been granted.
(4) If for the purpose of obtaining a certificate of exemption, any person makes any false statement or false representation, he shall be liable on summary conviction to imprisonment for a term not exceeding six months with or without hard labour.
(5) Where an application has been made by or in respect of any man for a certificate of exemption, he shall not be called up for service with the Colours until the application has been finally disposed of.
I have put down an Amendment to leave out Sub-section (1), but I have already tested the feeling of the Committee on the question of the complete exemption of workmen who go back to the works. In view of that fact, I have no desire to move this and other Amendments.
I beg to move, in Sub-section (1), to leave out the words, "A certificate of exemption may be reviewed by the authority by whom it was granted at any time on the application either of the holder of the certificate or of any person generally or specially authorised for the purpose by the Army Council," and to insert instead thereof,
"(1) If it is made to appear to the authority by whom a certificate of exemption from the provisions of this Act was granted, either upon the application of the holder of the certificate or of any person generally or specially authorised for the purpose by the Army Council, that there is reason to believe that the circumstances which led to the granting of the certificate have materially changed, the authority may, after giving not less than seven clear days' notice to the person authorised as aforesaid or the holder, as the case may be, review the certificate, and upon such review the certificate."
I do not know whether my hon. Friend proposes his Amendment seriously. He did not make any speech recommending it to the Committee, and it seemed that he was not quite sure what its effect would be. What the hon. Member desires is provided for in the Bill. His Amendment seems to me to be an alternative scheme to ours and on the whole I prefer ours.
I did not make a speech because I did not want to detain the Committee. I assumed that the Amendment would have been studied before to-night, and I assumed also that its merits would have been obvious.
Amendment negatived.
I beg to move, in Sub-section (1), after the word "reviewed" ["may be reviewed"] to insert the words "or renewed."
Amendment agreed to.
Further Amendment made: In Subsection (1), after the word "renewed" ["may be renewed"], leave out the words "by the authority by whom it was granted."—[ Mr. Long. ]
I beg to move, in Sub-section (1), after the word "time" ["at any time"], to insert the words "by the local tribunal or the Government Department, as may be directed by Regulations made under this Act with respect to the constitution and procedure of local tribunals."
I want to ask one question upon this Amendment. We have had, so far, no indication given us as to the character and scope of the Regulations proposed to be issued under this Bill. May I ask, before we allow this Amendment to pass, whether the Government can give an assurance that before the Report stage we may know what the general character and scope of these Regulations are likely to be?
I certainly cannot undertake to make any such promise, because the Report stage will, I hope, be taken shortly. At the very latest, I suppose, it must be on Monday of next week, and we could not frame these Regulations between now and then. I have already promised that the Regulations shall be laid before the House and made public, subject, of course, to the condition I attached, that the Regulations shall take effect without lying on the Table for so many days. When we come to the part of the Schedule which deals with the Regulations I shall be perfectly ready, if necessary, to indicate the general view of the Government, but, until the Bill has been passed, and until I know what are the duties which are thrown on the Department with regard to the Regulations, it is obviously quite impossible that I can announce what they are or proceed to make them.
As I understand the right hon. Gentleman, he gives us an assurance that on the Schedules stage we shall have some indication as to the scope of the Regulations. That will quite meet my point.
Yes.
Amendment agreed to.
Further Amendment made: Sub-section (1), after the word "authority" ["if the authority"], to insert the words "by whom the certificate is reviewed."—[ Mr. Long. ]
I beg to move, in Sub-section (1), at the end, to insert the words: "Provided that the person whose certificate is under review shall have the right to be present and to speak or to be represented when the certificate is reviewed, and provided that at least seven days' notice shall be given to him before the certificate is reviewed."
This Amendment would ensure simpler working without in any way diminishing the number of persons available for the Army. I also desire to provide that at least seven days' notice should be given; otherwise, under the wording of the Bill, a man might have his certificate taken away, or it might be reviewed without his realising what was being done or having an opportunity to state his case. I hope the Government will be able to meet the cases which might arise if these words were not inserted.
I think I can assure the hon. Gentleman that this Amendment is really not necessary. This deals with a question of procedure, and it is quite obvious that the procedure is bound by regulations, and the special requirements necessary to be put into the Bill here will be met by the regulations which will be issued and which will cover all cases.
If I understand the right hon. Gentleman aright, he will deal with my point by regulation?
Certainly.
I gladly accept that assurance, and ask leave to withdraw my Amendment.
Before this is withdrawn, I should like to take the opportunity of uttering a word of warning against everything that can possibly be done being done by regulation. There are a great many rights and privileges which ought to be made clear in the Bill. I hope the right hon. Gentleman will not rely upon regulations which, I have no doubt, have not yet even been drafted, but will set right points which may legitimately be pressed here.
I do not agree with the seven days' notice in the Amendment, but I hope the right hon. Gentleman will make it quite clear and definite that the man affected will have an opportunity of appearing before the tribunal. I had a very serious case brought before my notice to-night, which makes me feel it necessary that there should be some provision in the Bill. If, however, the right hon. Gentleman will give us a clear and definite statement that the person affected shall be brought before the tribunal I shall be satisfied.
I really think that this particular power is already in the Bill, but if there is any doubt about it I will consider it. It is quite obvious that there must be a great many cases where individuals cannot present their own case, and they must be represented.
Amendment, by leave, withdrawn.
Further Amendment made: In Sub-section (2), after the word "are" ["certificate are"], insert the word "materially."—[ Mr. King. ]
had on the Notice Paper the following Amendment: In Sub-section (2), after the word "give" ["to give"], to insert the words "before the expiration of a period of one month." I think this is a matter, Mr. Maclean, which is met by the assurance given by the right hon. Gentleman before.
I beg to move, in Sub-section (2), after the word "fails" ["if he fails"], to insert the words "without reasonable cause or excuse." This Amendment is also to make clear a point—
I do not know which Amendment is being taken. Is it that of the hon. Member for West Leeds?
I tried to get an assurance about my Amendment, but I do not think you, Mr. Maclean, saw me rise.
We cannot go back now.
I was asking for an assurance.
Of course, I will give that.
I am much obliged.
I agree to the Amendment of the hon. Member for North Somerset.
Amendment agreed to.
I beg to move, in Sub-section (2), to leave out the word "fifty" ["fifty pounds"], and to insert the word "ten."
No.
Cannot the right hon. Gentleman accept it?
Oh, no!
I ask leave to withdraw.
Amendment, by leave, withdrawn.
I beg to move, at the end of Sub-section (2), to insert the words
"Provided that a man who leaves his employment or is temporarily out of employment shall not be required to notify that he is out of employment unless he does not intend to resume his former employment or has not done so for a period of three months."
This is quite a simple point. This Subsection says that a workman changing his employment, or if the conditions under which he obtained a certificate are changed, he shall notify the authority, and the penalty attaching, if that is not done, is a fine not exceeding £50. This Amendment is to deal with the case of a man who leaves his employment, but keeps to the same trade, so that if he goes from one shop to another or is temporarily out of employment he shall not be required to notify the authority. Notification shall only be necessary if he desires to change the character of his employment altogether. That is the question; it is a good point, and I hope the right hon. Gentleman will accept the Amendment.
I think the case is met by an Amendment down in my name which I am about to move, but I will take note of the point raised.
Amendment, by leave, withdrawn.
1.0 A.M.
I beg to move, in Subsection (3), after the word "from" ["as from the date"], to insert the words "the expiration of six weeks after."
This is the Amendment that I undertook to introduce dealing with the period of time to be given during which the man whose certificate has lapsed shall have an opportunity to secure a renewal or a fresh occupation. It is a part of the general arrangement which I think the Committee agreed to accept earlier in the day.
I think, judging from the arguments adduced from these benches, that it was shown that six weeks would be a very awkward time, because it would synchronise with the period in the Munitions of War Act, and is therefore liable to suspicion, to say the least of it, and in those circumstances perhaps the right hon. Gentleman would accept, say, a period of two months?
No. The hon. Member may remember that I made the proposal of a month, and it was suggested that that was too short and that a longer period, say two months, would be better, so I adopted what is generally the acceptable practice of splitting the difference and making it six weeks. I have nothing to do with the Munitions Act, and really I must not be pressed to go further still in this matter. I think six weeks is long enough.
It is quite true that the right hon. Gentleman has nothing to do with the Munitions Act, but the people affected by this Bill will have a great deal to do with it, and will be brought in under the Bill, and therefore they will look at this very closely. It appears to me that he might go so far as to meet us. If he will consult his advisers he might be able to make it two months.
Well, I do not think we will quarrel over two months.
If the right hon. Gentleman accepts the two months I will not proceed further, of course.
Very well, I will accept it. I beg to move, in Sub-section (3), after the word "from" ["as from the date"], to insert the words "the expiration of two months after."
Amendment agreed to.
Further Amendment made: In Sub-section (3), at the end, insert the words "unless in the meantime the man has obtained a renewal of his certificate."—[ Mr. Long. ]
I think there was an undertaking that the Government proposed to adjourn at one o'clock. My only reason for putting the point is this, that some of us have been allowing the rapid passage of some important points, and we do not want to reach the end of the Bill under a false understanding.
It is perfectly true that an hon. Member spoke to me from behind here and I said that if it went on satisfactorily we might get up at one o'clock, but we are now so near the end of Clause 3 that perhaps we might finish it.
Oh, certainly!
I beg to move, to leave out Sub-section (4), and to insert instead thereof the following new Sub-section:
"(4) If any person—
Sub-clause (4) deals with irregularities in obtaining certificates. The draft that the Government has got only contemplates an irregularity of a man making a false statement in order to obtain a certificate for himself. There is no provision made relating to forgery, or mischievous destruction, or tampering with, or defacing, or any of those offences in connection with a certificate for another person, and I have drafted this Sub-clause to take in all the irregularities of this nature that might occur. I venture to say it is quite essential that they should be provided for, and that the very inadequate draft of the Government ought certainly to be withdrawn and something better put in its place. Let me just call atention to one more point. These tribunals have, so far as I know, no power whatever to administer oaths. It is therefore open to a man to come in and give false evidence, and there is no penalty attached to it. Certainly there is no penalty in this Act, and there is no penalty elsewhere. I think that is very undesirable indeed, especially if there is any danger of industrial compulsion. A man or an employer can make a false statement; and there is no authority whatever to deal with such a false statement in a Court. There has certainly been some lack of due appreciation of the conditions, and my case, I am sure, is not met and is a very important case. I would call the attention of the labour Members to the lack, and I hope they will back me up, even though it is late. By the way the Treasury Bench is behaving itself just at the present moment, it seems as if I had rather amused them by bringing forward a matter which they really cannot answer. Although I have been very reticent just lately, I really do intend to press this forward.
I think the hon. Member, who has clearly taken very much trouble over this matter, has nevertheless omitted to remember that a Forgery Act was passed not very many years ago which covers generally all such cases as these. The other cases that ought to be covered are, it is considered, sufficiently dealt with by the Sub-section of the Bill which we are now debating, which is taken from the Old Age Pensions Act. That Act, as the hon. Member knows, has now been in operation for some years, and it has been found quite adequate to meet all such cases there. Experience ever since the Old Age Pensions Act was passed shows that it has not been necessary to have any additional provision, and we anticipate the same experience under this Bill.
I do not think that is at all satisfactory. First of all, when you have to make an application for an old age pension it is the man that applies, and nobody else has practically anything else to do. But when you come to a question of an exemption under this Bill you are up against the military authority, you may be up against an employer, you may be up against a number of people—you may be up against dependants, for instance. A man may want to get away from a troublesome wife and children, and they may raise objection on the ground that he is leaving dependants. To quote the Forgery Acts when it is not only a question of written but of spoken testimony, and to quote against me the Old Age Pensions Act, is quite inadequate. The circumstances are totally different. If the right hon. Gentleman will promise to consider this on Report I will not say anything more, but let me also say this, that if he does not do so I shall certainly put it down on the Report stage.
We shall examine it microscopically between now and the Report stage.
I hope the hon. Member for North Somerset will not press his Amendment now or raise the question on the Report stage, for the simple reason that we object to any Clause which seeks to impose a penalty if certain things are not done. This is only a temporary measure—let me remind him of that—and therefore I do hope he will withdraw his Amendment.
I shall withdraw this now, but I shall put it down on Report.
Amendment, by leave, withdrawn.
Further Amendment made: In Subsection (4), after the word "exemption" ["If for the purpose of obtaining a certificate of exemption, etc."], to insert "for himself or any other person."—[ Mr. Long. ]
I beg to move, after the word "representation" ["If for the purpose of obtaining a certificate of exemption, any person makes any false statement or false representation"], to insert the words "with intent to deceive."
I need not say much in support of this proposal unless the President of the Local Government Board thinks it necessary. We feel it is quite possible for a man to make a misrepresentation without any intention to deceive the tribunal; therefore it is desirable to insert these words.
I hope this Amendment will not be pursued. Really it is unnecessary, and in this particular case we are following the precedent of the Old Age Pensions Act, which is the latest precedent. The insertion of the words "with intent to deceive" is, I am advised, quite unnecessary. This is a matter which will be heard by the tribunals, and it is quite obvious that unless there is an intention to deceive there will be no possibility of an adverse decision.
I agree that to a great extent the argument which has been used by the right hon. Gentleman is a logical one, but I do not know whether he will appreciate this point: At the present time there is a large number of men who are not really exempted from military service. They might make a declaration on the authority of their employer that they ought not to be brought within the scope of this Bill. It might be found afterwards that the employer had made a false statement to the workmen. All that we are concerned about is that the workman should be safeguarded against any persecution or prosecution in connection with this Act. I quite believe the tribunals will deal with these matters impartially, but I should like to have a word from the right hon. Gentleman to say that the Government does not intend to have any prosecutions that might be harsh and not justified in the circumstances.
I think I can give that assurance. There is no desire that there should be any harshness or undue severity. We must, of course, have a certain protection, and our proposal is based on the latest precedent we have. As far as I am advised I think there is every reasonable security in the Sub-section.
The onus is to be on the tribunal?
Yes.
Amendment, by leave, withdrawn.
I beg to move on behalf of my hon. Friend the Member for the Elland Division (Mr. Trevelyan) in Sub-section (5) to leave out the words "he shall not be called up for service with the Colours until," and to insert instead thereof the words "deemed to have been enlisted."
This, though a drafting Amendment, is, I venture to suggest, an important improvement on the words in the Bill without changing its ultimate sense. If the Amendment I am now moving is adopted, Sub-section (5) would run: "Where an application has been made by or in respect of any man for a certificate of exemption, he shall not be deemed to have been enlisted until the application is finally disposed of," deleting the words "called up for service with the Colours." I submit that it is a substantial improvement, without affecting the meaning of the Sub-section.
I am afraid I cannot agree that this is only a small Amendment. In the opinion of the Government and of our advisers it really is contrary to what we regard as the fundamental principle of the scheme. The scheme is that in certain circumstances those who are included under the Bill shall automatically become members of the Army Reserve, subject to their being able before the tribunals to establish their right of release. This Amendment would alter that procedure altogether. As a matter of fact, I do not think there is any hardship to be feared. I know that in some quarters the impression prevails that the moment these men are secured by this Act the War Office will come down on them with an iron grip and drag them away from their peaceful homes and turn them, or attempt to turn them, instantaneously into soldiers. That really is not the case. Therefore, the only possible hardship which it might be thought the men would suffer does not exist. The man will get his notice of being called up in the ordinary way, and will incur no military obligations until he actually becomes an enlisted soldier. I do not believe there is any hardship. But, apart from the question of hardship, the Government could not accept this Amendment, because it is contrary to the fundamental scheme which we have adopted.
I express my regret that the hour is so late that it is not desirable to press the matter now, and I do not wish to do so. I ask leave to withdraw.
Amendment, by leave, withdrawn.
Question, "That the Clause, as amended, stand part of the Bill," put, and agreed to.
Committee report Progress; to sit again to-morrow (Thursday).
The remaining Orders were read, and postponed.
It being after Half-past Eleven of the clock upon Wednesday evening, Mr. DEPUTY-SPEAKER adjourned the House without Question put, pursuant to the Standing Order.
Adjourned at Twenty minutes after One a.m., Thursday, January 20th.
New Member Sworn
Admiral of the Fleet Sir Hedworth Meux (commonly called the Honourable Sir Hedworth Meux), G.C.B., K.C.V.O., for the Borough of Portsmouth.
Message from the Lords
That they have agreed to,—
Munitions of War (Amendment) Bill, with Amendments.
Munitions of War (Amendment) Bill
Lords Amendments to be considered To-morrow, and to be printed. [Bill 180.]
Orders of the Day
Business of the House
Ordered, "That the Proceedings upon the Military Service (No. 2) Bill, if under discussion at Eleven o'clock this night, be not interrupted under the Standing Order (Sittings of the House)."—[ The Prime Minister. ]
Miltrary Service (No. 2) Bill
[ Progress, 18 th January. ]
Considered in Committee.
[Mr. WHITLEY in the Chair.]
CLAUSE 2.—(Certificates of Exemption.)
(1) An application may be made at any time before the appointed date to the Military Service Tribunal established under this Act by or in respect of any man or class or body of men for a certificate of exemption from the provisions of this Act—
( a ) on the ground that it is expedient in the national interests that he or they should, instead of being employed in military service, be engaged in other work; or
( b ) on the ground that the man by or in respect of whom the application is made has any person dependent on him who, if the man was called up for Army service, would be without suitable means of subsistence; or
( c ) on grounds of ill-health or infirmity; or
( d ) on the ground of a conscientious objection to the undertaking of combatant service;
and the Military Service Tribunal, if they think it just in the circumstances, may grant such a certificate.
(2) Certificates of exemption from the provisions of this Act may also be granted fey any Government Department, after consultation with the Army Council, to men, or classes or bodies of men, in the service or employment of that Department, or to men or classes or bodies of men employed in any work which is certified by the Department to be work of national importance and which comes within the sphere of the Department.
If any question arises whether any person or body of persons is to be treated as a Government Department, or as a separate Government Department, for the purpose of this provision, or whether any work comes within the sphere of one Department or another, the question shall be referred to the Treasury, and the decision of the Treasury thereon shall be final for the purposes of this Section.
(3) Any certificate of exemption may be absolute, conditional, or temporary, as the authority by whom it was granted think best suited to the case, and, in the case of an application on conscientious grounds, may take the form of an exemption from combatant duties only.
(4) The Military Service Tribunal shall be constituted in accordance with the provisions of the Second Schedule to this Act, and any decision of the Military Service Tribunal shall be subject to appeal as provided in that Schedule.
I beg to move, in Sub-section (1), to leave out paragraph ( d ), and to insert instead thereof the following,
"( d ) on the ground that the applicant was on the fifteenth day of August, nineteen hundred and fifteen, a member of the Society of Friends or of any other recognised religious body one of whose fundamental tenets is an objection to all war."
As this Amendment raises the whole question of the conscientious objector, I want to ask you, Sir, whether we could not on this Amendment have a general discussion on the whole position of the conscientious objector, and thus avoid full discussions on subsequent Amendments? [HON. MEMBERS: "No, no!"] How are we to deal with the matter?
In that connection, I may perhaps say that I intend to make a very short general statement in reference to the subject dealt with by this Amendment as to the views of the Government, and in that case there might be a general discussion.
The question about to be raised by the Amendment is to leave out paragaph ( d ), and to insert a new paragraph ( d ). Clearly, if it is desirable to have a discussion on the general question of the phraseology and effect of paragraph ( d ), it could be taken, but I think such a discussion should shorten subsequent discussions on further Amendments.
This will not preclude, may I ask, the moving of other Amendments later on?
I have just stated that it is my endeavour to preserve the other Amendments. Of course, the discussion may cover the field of some other Amendments, so that they could not reasonably be taken at any great length, but I shall endeavour, after having allowed the Committee to have a short and general discussion, to approach the specific forms of Amendments which several hon. Members have to propose.
The Amendment which I have moved raises a question in connection with the subject matter of the Prime Minister's pledge. We have been told that the Bill was to thoroughly carry out the pledge given by the Prime Minister in connection with the Derby scheme, and we on this side did not wish to interfere with the progress of the measure in any way whatever; but, when we come to examine this particular Clause, we find this paragraph which would enable men to escape from the Bill on the ground of their conscientious objection to undertake combatant service. I am bound to confess that this paragraph seemed to me to make an enormous inroad upon the provisions of the Bill, and is, in effect, clearly in derogation of the Prime Minister's pledge. I cannot imagine that the married men who attested under the Derby scheme ever thought of the possibility of such a wide inroad as would enable a number of single men to avoid coming under the compulsory scheme. As it is drawn, the Bill appears to me, so far as I can understand, to enable any man to go before the tribunal to declare his conscientious objection to combatant military service in any shape or form. I really do not want to be offensive, but this Bill is really the slackers' charter. It is a provision enabling every man who does not wish to fight, every man who is called upon to fight, to go before the tribunal and say, "I at least cannot be called on to fight, because I have conscientious objections to do so."
4.0 P.M.
I wish to try seriously to narrow the Clause in this respect; in fact, personally, I am not at all sure that it would not be right to cut it out altogether. I am not at all sure that in war time the State has not a right to call upon every man to take his share in the defence of our country. The conscientious objector seeks to exercise his right of private judgment against the needs of the State. It is a fair proposition with regard to the views of the conscientious objector, that he, and he alone, is to be the judge whether his conscience says he is or is not to fight; that, whatever the needs and requirements of the State may be, he is entitled to say, "My judgment is superior to the needs of the State, although I have the advantage of living under its protection." Many of these objectors are Socialists, men who exalt the State, and say that the State should take part in men's lives; that the State is to be the dominating factor, and the individual is to submit to the needs and requirements of the State. But when it comes to fighting, when it comes to the sublime, or the greatest effort a man can make on behalf of the State, the conscientious objector, though he concedes the right of the State to take part in the lives of individual men, to take their money, to educate their children, to do all these things, yet when the State calls upon him to make the supreme effort, he says, "I have my right to private judgment, and I say, 'here I will stop, here I object to the State; thus far I go and no further; you may do all kinds of things in regard to my private life, but you have not the right to say that I must go out and fight the country's enemy.'" He is to have all the advantages, but he is not to take his part in the defence of the country. But I submit with confidence to this House that the State has the right to make this supreme demand on every man, and whatever may be his conscientious objections, the needs of the State are above and beyond a man's conscientious objections, feelings and desires. Is it reasonable that these conscientious objectors should have all the advantages of the State, all the advantages of the protection of their lives, their homes, their wives and their children and everything that is dear to them, their church, their chapel, their religion, everything protected by our naval and military forces, and that they are not to serve in. either of those forces? One of my right hon. Friend's on the Front Bench remarks that not only was it a case of the Army but he also had the Navy, and but for that Navy what would be the position of the conscientious objector in England who claimed the right not to fight? I want to ask them a question with regard to their conscience. Is it a geographical conscience, is it a conscience which would work in Belgium if they lived there, or in Poland, or in the North of France, when the German soldiery were murdering and slaying—would they say that to take life was a sin against God and against humanity if they saw their wives taken out as the wives of Belgians and of Frenchmen have been taken out and violated by German soldiers? Would they say, "No, we will not take up any weapon; let our wives and our daughters be taken away; our conscience forbids us to lift a hand in their defence or to fight in order to withstand such attacks"? Would their conscience work equally well in Kent or in London if the German soldiery were here? I have very great respect, an immense respect, for the Society of Friends and all the good work that the Quaker body has done not merely during this War, but for generations past. But I want to ask them, Would their conscience work in Kent and London if the German soldiery were here murdering and slaying as they have been in Belgium and in France? Remember that the German Army is nearer to us in England than it is to Frenchmen in Bordeaux or Marseilles, and yet the Frenchmen of those towns have no conscientious objectors and are fighting the Germans.
I want to ask these people why they do not carry their objections to their logical conclusion. It seems to me that they say, "We will not go and fight, but we will pay other men to do so for us. It is a sin for us to fight, it is a sin against our religion, but it is no sin to pay other men and let them fight." Surely that is a half-hearted conscience which prevents them fighting themselves and allows them to pay other men to fight! I do not want to impute any motives, but I want to find out what is at the bottom of these conscientious objectors which prevents them fighting themselves and yet allows them to pay other men to do that which by their writings they condemn as a sin. If it is a sin on their part to do it, it is equally a sin to get other people to do it. You have no right to shelter yourself behind the Army and the Navy if you believe it is a sin. If you had been on the "Lusitania" when the submarine came along, and if there had been a destroyer of the English Navy there, would you have said to the destroyer, "You must not take the life of submarine officers and men. Stand by; do not attempt to stop the submarine"? I think there would have been a cry from every one of the conscientious objectors, "Oh, for one of the Royal Navy to protect us and to kill the Germans who are seeking to murder the people on the 'Lusitania'!" I have been always taught for many years past that the receiver of stolen goods is worse than the thief, and the man who pays the thief and gets the benefit of the theft is far worse and gets far more punishment than the thief when he is caught. The conscientious objector to-day is a receiver of stolen goods. He pays a man to commit a sin on his behalf and he takes all the benefit of it. He knows that but for the Army and the Navy, and those men who are paid to commit what he thinks is sin, England would be ruined, and her homes would be destroyed altogether. Perhaps, holding these views you will say, "Why not strike the Clause out altogether?"
On a point of Order. May I ask is the hon. Member speaking to the Amendment?
I think he is entitled to a little preamble.
With great respect, part of my Amendment is to leave out the Sub-section altogether. It may be said, "Why do I stop at the proposition of the Amendment and not propose the omission of the whole Clause?" I admit that my position is not logical, but we in this House are always ruled by compromise, and we cannot go always to the logical extent of our views. I am prepared, I am bound to say, to give some right to those conscientious objectors if they are conscientious by religion and not conscientious by a desire to shirk. Surely there is a very great deal of difference between the religious conscientious objector and the shirking conscientious objector. Under the Clause as it stands both come in—that is the man who has a real religious objection to fighting, the Quakers and one or two other sects, such as the Plymouth Brethren, who hold those tenets, and the ordinary man who does not want to fight and does not mean to fight. I am really trying in this Amendment to do what my right hon. and learned Friend the Member for Walthamstow (Sir J. Simon) adumbrated in a speech he made on the Second Reading of the Bill and in which he made it quite clear that he did not think this Clause ought to be made too wide. I quote him because he is the leader of the opposition to this Bill. Speaking on the 12th of January in the House, he said:—
"While I do not desire to see any man shield himself behind provisions for the conscientious objector unless he holds a really deep conscientious objection in his own heart, I find it very difficult to see how adequate provision is to be made for the genuine and conscientious objector, while at the same time yon avoid making the meshes of your net too wide… If you are going to meet his case in cases where it ought honestly to be met, you must make your meshes very wide, and by making them wide it is obvious that an opportunity is given for a class of person with whom I have no more sympathy than any man in this House—that is the shirker."—OFFICIAL REPORT, 12th January, 1916, cols. 1648 and 1649, Vol. LXXVII.]
My Amendment is designed to meet the case of the man who has a real religious conscientious objection, and to exclude the man who shelters himself behind what he calls a conscientious objection, and who is at heart a slacker and a shirker. The Amendment permits any man to claim exemption on the ground that he was on the 15th August, 1914—though I am not sure it would not have been fairer to make it 1st of August, 1914—a member of the Society of Friends or any other recognised religious body, one of whose fundamental tenets is objection to all war. I submit to any reasonable man that that is a fair compromise. It gives the man who is a member of those bodies the opportunity of being exempted, and it does not include the man who is a shirker and a slacker, and who will not go to fight, and who has no real conscientious religious objection, but who is prepared to take the benefit of the work of our soldiers and sailors at the front.
I think everyone must have felt—at least I did—that, from the point of view of logic, almost all the arguments of the hon. Gentleman are sound. I go further, and I have no hesitation whatever in expressing the view that the State has the right, the absolute right, to demand service of any one of its citizens if it thinks it is his duty to do so. I think that is the essence of the State. But that really does not carry us very much further. We are dealing with a great War, and I am sure nobody feels more strongly than my hon. Friend that the one duty we have to carry out is to deal with it as effectively as we can. Therefore the question is a simple one, not has the State the right to take a particular course, but is it wise to take a particular course? That is the whole question. My hon. Friend showed, in the last part of his speech that he did not think it would be wise to go the full length of the logic of the earlier part of what he said. As regards this particular Amendment, the Government cannot accept it, and I think he will see that really it would not be possible on any principle on which we act now to accept it in that form. If there is any right whatever for exemptions on account of conscience it does not apply to any particular denomination, and it is a question of a man's own heart and conscience. But that does not mean that a man has only got to say, "My conscience says so" and he gets off free. It is sometimes very different from that. Grounds of wisdom have always actuated this country and other countries with similar traditions in dealing with a subject of this kind. As my hon. Friend probably knows, in England, towards the end of the seventeenth century, an attempt was made to induce the Quakers to fight, but they practically went to prison in a body. The State learned from that a lesson of wisdom, and the next time, I think it was in connection with the Militia Ballot Act, Quakers were excluded as a body.
The Australian Commonwealth, which recognises the claims of the State more fully—at least those who hold the views, of the Government of Australia say so—than the Government of this country, recognised this distinction and thought it wise to act upon it in the Bill they introduced, and, as a matter of fact, the Government have practically introduced as far as they could the very method which was adopted in the Australian Act for dealing with this subject. It is very difficult for an ordinary Englishman, and perhaps more for an ordinary Irishman, to understand the point of view of those men who say they will not take life under any conditions. I confess I think it is extremely more difficult to understand now, because the lesson which has been taught not only by the principles which are animating Germany in this War, principles which are subversive of everything on which all parties in this country have always prided themselves, but by the methods in which Germany is trying to enforce those principles, has engendered a feeling against that country which, in my belief, will leave very few here who think it a sin to use against these men something of the weapons which they are using against us. But we must recognise, however contrary to our views these opinions are, that there are some, and a good many, of those who hold these conscientious objections who have shown, I will not say even in this War, but in this War more than ever before, that they are not less filled with patriotism, and that they are not cowards. I do not know about any other organised body, but the Quaker organisations have done splendid service in connection with Red Cross work throughout this War. I happen to know of one case, no doubt there are many more, where a man holding these views, while not himself willing to be put in a position where he would be forced to take the life of others, has shown that he is perfectly ready to risk his own, and throughout the War has been engaged in mine-sweeping, which is one of the most dangerous operations connected with the War.
I do not think there is really much difference of opinion on this subject among the great bulk of the Members of the House. We all wish to be as considerate as we can of those who really believe that it is a sin under any circumstances to take life, but we are equally determined—at least everyone who is in earnest about this War—that this belief shall not be used as a cloak to enable shirkers to get rid of their responsibility. My hon. Friend says that this Clause is a charter for the shirker. It is not that, but it does enable him—I have no doubt my hon. Friend wishes it were made more difficult—to put forward his claim. That is a very different thing from a charter of exemption. He has got to make good that he holds these conscientious objections before he can get the privilege involved. The difficulty which the Government had to face in connection with this matter is shown very clearly in what my hon. Friend said. He said that this country is always ruled by compromise. But our enemies do not compromise. Compromise is as objectionable a thing as you can get at a time of war if you can avoid it. But in this as in everything else you have really to weigh one thing against another, and consider in what way you will get the greatest amount of strength. If there are Members who feel that in what we have done in this Clause we are really throwing away any substantial part of the men we can get under it, and who in the opinion of the Government—otherwise they would not have introduced the Bill—are absolutely necessary, I would remind them that in the framing of the Bill, and in every discussion—and no part has given us more trouble or caused us more thought than this particular Clause—the War Office, either in the person of Lord Kitchener himself, or somebody representing him, and representing the feeling of the War Office, was always present; and the War Office representatives looked at the matter always from the point of view of not losing the men they need. The House may be perfectly sure that if the politicians were inclined to carry the spirit of compromise too far, and that is our natural tendency, the War Office was there to act as a check on our doing anything of the kind.
So far as I can judge from the Amendments there are two main objects which those who are pressing the views of the conscientious objectors have. One is to make a simple declaration of conscientious objection sufficient. That would be contrary to the whole spirit and the whole object of the Bill. Under no circumstances could the Government accept that Amendment. The other is to exclude them not only from the combatant force, but from any form of military service. The Government cannot accept that either. But I hope I have shown—at least it is the fact—that the Government do desire to give as much consideration and as fair treatment to these views as the need that the nation permit them to give. There is one Amendment on the Paper in the names of the hon. Members for Leeds (Mr. E. Harvey) and York (Mr. Rowntree), which the Government is going to accept but not in the exact words on the Paper. I will read the words which we propose to insert and the Clause as it will stand with those words in it. We propose to insert at the end of Sub-section (3) the words
I want to respond to the appeal which the right hon. Gentleman has just made, that in this Debate we should have nothing in the nature of delaying speeches, or obstruction. But when he said that the House was already familiar with the arguments on the question and understood them, I could not help feeling that the speech of the hon. Member opposite, and even to some extent his own speech, showed that there was grave need for the House to face more clearly the nature of the problem with which it has to deal. I believe that all conscientious objectors are grateful for this at least—that the Government has seriously recognised the existence of this problem, and I believe earnestly and sincerely endeavoured to meet it. We are, however, profoundly disappointed that the position of the conscientious objector has not been more fully understood. I regret, too, that the concession, as the right hon. Gentleman calls it, does not more fully meet the difficulty. Still I want to recognise the willingness on the part of the Government. I feel that that is a great thing, and if the Committee as a whole keep that open mind which we all want to have, I do not even yet despair of one of the greatest difficulties in this matter being to some extent met. The Government in framing the Bill apparently felt that the conscientious objector's position would be met if we were allowed not to do combatant service. I think there are a limited number of conscientious objectors whose difficulty would be met in that way. There are men who are prepared to go into the Royal Army Medical Corps, or other branches of the Army, who would be glad to do that, but who cannot but feel that it is contrary to their deepest religious and conscientious instincts that they should take part in taking life. Although that class exists, and I am very glad that their position should be met, they are really a minority of the conscientious objectors. I want, if I may do so, just to deal with one very large class, not merely of those who, like myself, are members of the Society of Friends, but others who take a more broad, religious standpoint. The hon. Member opposite scored a number of very able debating points in dealing with the difficulty, because, of course, we are members of a community and cannot separate ourselves, and sometimes, in spite of ourselves, reap advantages from that fact.
Our position broadly is this: not that we condemn the soldier who does his duty; we admire the nobility of his sacrifice and the manly virtues he displays, but we profoundly believe that the soldier and the military system belong to a stage of society which has to be transcended, and that we are working towards a state of society in which war will be a thing of the past. We believe that if there are men who feel the importance of this, and who feel, above all, that if they are obedient to the dictates of religion, and to all that which is dearest and best to them in life, they are bound to follow what they believe to be not only the letter but the spirit of the teaching of Christ; they must, having accepted that point of view, endeavour to live up to the principle that they believe He laid down, and not return evil for evil, but endeavour even to love their enemies. Hon. Members may say that that is a counsel of perfection. But we honestly believe this, and we have to do our utmost to bring that principle into our daily life and into the national life; and, unless there are men who are prepared to stand out always for these principles, we cannot hope that human society will ever reach that higher stage that we all long to see it reach some day. The State may rightly say—we must admit it—that we must make sacrifice in consequence of our views. I should not object to being stripped of all my worldly possessions, if necessary, if the State took that position, and some States have taken it quite recently. We must be prepared to lose our lives.
What if the Germans took your wife? [HON. MEMBERS: "Order!"]
We cannot submit that we should do what we conscientiously believe to be wrong. The hon. and gallant Member may interrupt me, but may I just say what I believe has already taken place in this War under a complete military system. A number of men in Germany at the outset of the War, who on religious grounds held that it was wrong to fight under any circumstances, were shot in consequence of their belief. That is the logical outcome of a military State, and of the militarist position. If hon. Members opposite choose, as militarists, to take that point of view, they are entitled to take it. I personally should not resist, and should not as an individual resist such action, but I believe it to be wrong in the interests of the State, and I think we can never hope to get a better condition of society unless we get a State prepared to go further than Germany has gone today. Although the State now cannot take the full position, we hope some day it will do so. It will then have made a great step in advance, if it can recognise that there is a permanent place possible in its midst for citizens willing to sacrifice, willing to do their duty as citizens, and if necessary to lay down their lives, provided they can do these things in full obedience to the Higher Rule. There are ways of sacrifice possible even now which would not be a transgression of that Rule to those who adopt it.
There are, however, not only these men who take what I may call the definite religious standpoint, but there are men who have, as I believe, every bit as much right for consideration. These are men who stand outside any organised Christian Church. Some of them are profoundly religious in spirit, though they do not call themselves by any religious name. These are men who in the great labour movement have been brought into touch with the great forces of progress, not only in this country but elsewhere. They believe that the very highest and best in their lives is represented by the forces which make for drawing the nations together, and for the prevention of war. These men believe with the pro-foundest conviction that their highest service to their country is to work still for drawing together the nations, and taking that view, they cannot themselves take part in war, even though they may believe, as many do, that in the main our country is championing a righteous cause, and even though they believe, as a great number do believe, that it would be a great disaster for their country to be defeated. There is only one thing greater to them than such a disaster, and that is that the whole progress of humanity should be delayed, as I believe it would be, if these men are false to their convictions under the stress of an unjust law. There are those, and we must consider them, whose political convictions, mistaken though the House may think-them, are so strong and sincere that they feel that they can take no part in a war of which they disapprove. They would not call it religious conviction, but it is a profoundly conscientious conviction. If they are sincere in this conviction, I think these men, too, have to be considered. I think the moment the Committee realises this they will see that the problem is an exceedingly complex one, and one that cannot be disposed of lightly by a manuscript Amendment which is handed in by the Government at the last moment, without any of the persons who are most intimately affected by it being consulted, and without their views being understood. That is the unfortunate position to which the House of Commons is reduced at the present time.
I recognise the good will on the part of the Government. I do not want to complain at all about that; but I do profoundly regret that this immensely important problem can be treated in this way. I would beg, not that there should be any undue prolongation of debate, but that the House should be willing to consider the matter very carefully and even sympathetically, though the majority of the House consider that those who take my position are entirely wrong. We do most of us earnestly desire to make a contribution to the national life and to the national welfare—most of all in a moment of stress and trouble like this. I believe if the Amendment that I and my hon. Friend (Mr. Rowntree) have put down had been accepted, along with one or two others, it would have been possible, broadly speaking, not only to meet the practical difficulty of the conscientious objector—
If the hon. Member will explain exactly what is the difference between his own Amendment and the Government Amendment I think it will shorten the Debate.
I understand that particular point will be dealt with later, when the Amendment is moved by the right hon. Gentleman.
I may say that, so far as I understand, if the words which I read are accepted, they will carry out the intention of the hon. Member.
I do not want to have anything in the nature of compulsory alternative service forced upon me. The majority of us, I believe, are quite willing to offer voluntary service. [Laughter.] Hon. Members laugh, but a number of us have been working hard without any sort of compulsion. I submit hon. and gallant Gentlemen have no right to laugh. There are men, for whom I speak, who have been working, not because they had any sort of compulsion, from the very earliest months of the War, and working as unpaid volunteers. There are a great many others who would be willing to do it if the opportunity were found. They want to do it. But they do not want to have all the grace of their work taken out of it by being compelled to do it. More than that, I believe there are men who are doing this work and who would feel so strongly on the point that they would be compelled to lay it down if the work were forced upon them as the only possible alternative. They have worked because they wanted to do service for their country, and for humanity. Their spirit is entirely different to that of compelling people to do the work as the only alternative work to direct compulsory military service. That is the main point I wish to make. I do not complain of the point of view of the Government; but I desire to put the point of view I take up. I do want the Committee to realise that there may be cases that could be only met by some form of absolute exemption. I hope that there will be very, very few; but there may be some cases. There will be a great number of people who will be anxious to undertake a large number of necessary forms of service which might be approved. Let me instance one, because I do not want to delay the Committee, mentioned to me by a leading conscientious-objector outside the House only a little while ago. There is a dangerous trade in Staffordshire which, before the War, was a man's trade. At present it is a woman's trade. All the men have been taken away for military service. It would be possible for the duration of the War for a number of the men of whom I speak to undertake this disagreeable and dangerous work which is now being done, to their great detriment, by women, and they would feel that by so doing they were not directly liberating men for military duty, which is one of the difficulties they feel. There is other work; there is fire brigade work, which is necessary and involves an element of danger, which some would cheerfully undertake. There is direct ambulance work, which a great number have already undertaken, and many more would be quite willing to do, if the option was given them. There are also other forms of relief work. I do not want to delay the Committee any longer, but I do want to emphasise the complexity and difficulty of the problem, and to plead that the Committee will deal with it in a just and generous spirit.
We shall all certainly recognise the purity and sincerity of motive of the hon. Member who has just, spoken. Profoundly as I disagree from him, thoroughly as I am persuaded that his principle if carried out logically would destroy any State system at all, would strike at the very foundations of the State system, I am yet bound to admit that he has spoken with as great sincerity as I am, that he is speaking his own convictions, and for that I give him all respect and honour. But it appears to me that there are in this question two distinct parts, which it is well for us in Committee to keep clear and distinct. One question is whether we are bound to give a certain recognition to conscientious objections of this kind. This is a totally different question to the other, which is, if we are bound to give that recognition, what are to be the limits in which it is to operate, and what kind of duties still remains incumbent upon the conscientious objector?
I am fully prepared to honour the conscientious objector in certain circumstances. I think we honour the man who is ready to be a martyr for conscience sake. I am sure we are prepared to recognise such bravery, but I begin to doubt the conscientious scruples when they happen to coincide with the dictates of cowardice and selfishness, and I am afraid in this case the conscientious objector, under the very large limits which the hon. Member would give him, would frequently find that the motives of cowardice, ease and selfishness, and of leaving to others the danger which he is not prepared to face himself, would frequently be a strong buttress, at all events, to his conscience. But I am quite ready to say, as the Mover of this Amendment said, that we must make a compromise. I cannot see how any conscientious scruples in the last resort can be allowed to act in the case of the State's necessity, but it is a custom inbred in us to make compromise, and we are prepared to make that compromise here. If, as a consequence of the recognition of conscientious scruples, we suffered defeat in this War, where would the conscientious objector be then? I wonder if his conscientious objections would be conceded by the German drill-sergeant. I wonder if there has been any conscientious scruple granted to the men of Alsace and Lorraine who were driven by force by the German drill-sergeant into the armies which were to fight against their own country, and were compelled to meet their own relatives and fight against the cause which was dear to them! Where would the conscientious objector find himself if we by any chance were to fall into the same hands and be at the same mercy as the inhabitants of Alsace-Lorraine?
If we allow a certain concession to the conscientious objector, and lower the power which the State has the right to exercise, is not the conscientious objector bound to make a certain concession to the State? Is he not bound to attempt to find some means of serving the State that do not involve the shedding of blood? It is all very well for the hon. Gentleman to say the conscientious objector is ready to do so, but that he does not wish to lose the grace of acting voluntarily. All of us through life have been compelled to do our duty by compulsion. It is not the less our duty. It does not take away the satisfaction of doing your duty that you are bound to do it by the law, and by the respect which you owe to your State and fellow citizens. Is the doctor's act less gracious if he attends to the sick because he has undertaken a duty, and because he knows that if he neglects that duty he will render himself liable? Is it to be said that action is only graceful if it is not done under discipline, or rule, or in obedience; to the dictates of your fellow citizens?
We come to the question of what is to be the limit, and there the Colonial Secretary in the concession which he made did touch another point altogether. He said, as I understand, that the Amendment to be introduced into Sub-section (3) of Clause 2 is to revive again in another form paragraph ( a ) of Sub-section (1), Clause 2. Is this anything else than merely devising a new loophole for the conscientious objector? You laid down the rule in Clause 2 as to a man who is engaged in other work which is more expedient to the State. Why should you allow the conscientious objector more than any other man not only to stand on a level with his fellow citizens under paragraph ( a ), but also to raise up this claim again under this third Sub-section? Having made this concession to the general principle of conscientious objection, the State has a right to ask a man to do work which no reasonable man can say is contrary to his conscientious objection. The State has a right to see that these conscientious objections are not carried to a ludicrous extent. After the conscientious objector has failed to establish his conscientious grounds, he is then to be allowed to raise the question in a particular form, and with a special privilege different from what is open to any other citizen, and to say, "It is expedient that I should be engaged in some other work. I do not want to go into the Royal Army Medical Corps; I do not want to be a stretcher bearer; I do not want to assist in mine trawling. All these things are a little too near to the combatant. I am going to say what I will do, and, having failed to convince you of my conscientious objection, I fall back upon this other plea, and say that I am otherwise engaged."
What I want to know is, if this is not a dilution of the Bill, if it is not a weakening of the Bill, why it should be necessary to re-enact for these people a provision which already exists for them as it exists for every other citizen? I am not going to raise any difficulty, and I am not going to refuse my support to any proposal the right hon. Gentleman makes. If he says that this is a concesssion the Government considers expedient, and for which he asks our support, I shall not refuse that support. But I am bound to tell him that it does raise in my mind—and I fancy it raises in the minds of a good many other Members—a certain suspicion that this Bill is being unduly watered down. We have made a fair concession to the conscientious objector. It is for us now to say what are to be the limits of the compromise. We have surrendered part of the State's right in making that concession, but we cannot allow the conscientious objector to say, after we have made that concession, "Now you have conceded my conscientious objection, I am going to tell you exactly what I am going to do. There are inner recesses of my conscience which you cannot penetrate—heights to which you ordinary mortals are not capable of rising, of which your brain does not render you intellectually powerful enough to penetrate, and, therefore, I am going to be a rule unto myself, and I am going to tell you what it is expedient for the State I should do." I am sorry the right hon. Gentleman has made what appears to be a concession, but I do not want to oppose it if he thinks it is expedient. I am quite ready to make this concession to the conscientious objector, but I want it understood that it is a concession, that we are not bound to make it, but that the State and the Government must be the tribunal which is to settle how far that concession should go.
5.0 P.M.
I think the Committee will agree with me when I say that we have had a speech from the hon. Member for West Leeds (Mr. E. Harvey) of a high moral spirit, and, whether we agree with him or not, I think the Committee can congratulate itself that the matter was approached from that point of view and put in so high a tone. I can only say for myself I wish with all my heart I could settle the matter on the high idealistic principles the hon. Member has enunciated. The hon. Member who moved the Amendment to-day did so in a speech which seemed to me was far removed from his Amendment. I agree with a great deal of what he said—in fact, I think I may go further and say that, provided we were living in a State which gave equal rights and opportunities to all, I should agree with him all the way. But we are not living in a State of that kind, and, therefore, it seems to me we must approach the question—at least I approach the question—from the human and practical point of view. I have been to France twice, and came home the second time last Sunday. I find men there grappling with grim reality. I find men there living with death in their dug-outs every day, grappling not only with a cruel and resourceful foe, but also with grim natural elements. Having been there, and having seen these things, naturally that figures in my mind for the moment above any other consideration, and, therefore, coming back from those scenes, I for my part regret, just as much as the hon. Member who introduced this Motion, to find myself in an atmosphere permeated by long drawn-out, wire-drawn dissertations on liberty. Liberty for what? Liberty to weaken the State; liberty to desert one's friends and champions. I can only say that, having regard to all the circumstances in which we now find ourselves placed, for my part I am not much concerned with any such liberty. We are fighting this War, I take it, for a larger liberty. We are fighting this War for a liberty of each which will be consistent with the liberty of all. According to my reading of history that kind of liberty has always been won by sacrifice. The Clause as it stands does not now give us equality of sacrifice. The manly men who went away from this country sixteen months ago without much time for thinking about these theoretical considerations have been called upon to make the greater sacrifice. I know that they stayed in the trenches knee-deep last year. They sacrificed their health as well as their prospects, and many of them made the supreme sacrifice of their lives. This Bill, and this particular Clause so far as I understand it, does not ask those who did not go on that occasion to go under the same conditions. I am not saying that they were conscientious slackers, but I am simply looking at it as a mere matter of fact. This Clause does not ask those people to make any restitution, but it merely asks them to stand in and do their share under conditions of comparative comfort in winning a war which is being waged for their larger liberty as well as the larger liberties of other people. It is in that spirit that I approach this question. I agree with the Colonial Secretary right down to the ground that the simple question we have to concern ourselves with now is, How far is it wise or expedient that we should apply these principles which I have just enunciated? The simple answer I give is just as far as is consistent with the maintenance of the larget possible measure of national unity.
I should be inclined to go a good bit further than the Colonial Secretary in the statement which he has just made to the House. I have in mind many who are not only members of the Quaker body, and their religious denomination, who take a particular view about political and social questions, and who, it seems to me, may just as reasonably put forward a plea of a conscientious objection—at all events, reasonably put it forward, although I will not say as reasonably. I have in mind that many of those men are also entitled to some exemption, and I think it would be expedient in the interests of the State to give it to them. We do not want to make trouble, but we want to avoid it, and therefore it seems to me from that point of view that we might well have regard to the feelings and the conscientious convictions of those people. There are many of them who are going around now saying that they are going to be passive on the passage of this Bill. We are making provision in the Bill to give them every opportunity of coming forward to state their case. Many of them say they will not even come forward. I want to make it perfectly clear in regard to these gentlemen that if they will persist in their determination to wear the martyr's crown they can do it as far as I am concerned, but let us make it as easy as possible to get the largest number who can fight and will fight for the maintenance of our national independence. Having that in my mind, I approach the matter from the point of view of what we have heard about the Bill and the Amendments to the Bill. For the life of me I cannot see much difference in the Amendment as foreshadowed by the Colonial Secretary and what is contained in the Bill. In Clause 2, Sub-section (1), paragraph ( a ), it says that a man may make an application for a certificate of exemption— profitably employed on that work as if he were at the front. That is the interpretation which I put upon that provision. I understand that it was altered in the early hours of this morning, and that words were put in which provide for any other work in which he is employed or may be habitually employed or desires to be employed. If that is so, that seems to cover the same point which the Colonial Secretary said he was going to provide for in the Bill, and it shifts the onus of proof from the local tribunal to the man himself, and that seems to meet the case put forward by the hon. Member for West Leeds (Mr. E. Harvey). I should like the Government to tell the Committee the difference between the position of the Bill as amended last night and as it will be affected by the insertion of the further words which have been read out by the Colonial Secretary. To my mind there is not much difference. There is a further provision in Sub-section (2) of Clause 2 which I do not think at all affects this point, and it is that certificates of exemption may be given by any Government Department to those men engaged in any work certified by the Department to be work of national importance. I notice that the same words are used by the Secretary of State for the Colonies in the new form of words which he has suggested, and a man may claim exemption and sustain it if he proves to the local committee that he is doing something of national importance. I suppose that Subsection (2) of Clause 2 has reference only to men in the direct service of a Government Department, and therefore it does not carry us much further.
I got up to make these few rambling observations in order to say that while I agree theoretically with what has been put forward by the hon. Member for Brentford (Mr. Joynson-Hicks), yet I do not think this is a time to haggle over these arguments. We have to get the largest number of men we can consistent with maintaining national unity and the national spirit, and so far as I can see at present I should be willing to go the whole hog, and a good deal further than the Colonial Secretary has said the Government are willing to go in this matter. If you are going to do something on behalf of the conscientious objector, do it properly. You have exempted him from combatant service, and you are now making provision for him doing work of national importance. For my part, I do not think they will be of much use in the fighting service or in anything connected with it, and for that reason while doing this I would do it whole-heartedly. Exempt them from combatant service, if they can prove a conscientious objection not only in the sense of being members of a certain denominational body, but even if they have a strong conviction of a social or even political character I should give them exemption altogether.
I frankly own that I regret that the Government are unable to accept the Amendment upon which this discussion has arisen. I regret it because the Amendment at all events has one merit, that it is a guarantee against those who may pretend to be possessed of conscientious objections which they do not really entertain. Before the commencement of the War they must be able to prove that they belong to this particular persuasion. With regard to what has been said by the hon. Member for West Leeds, I can respect to a certain extent the views which the hon. Member most conscientiously entertains, but when he goes further and speaks of the enemy with which we are at present engaged; when I have before me a recollection of some of the horrors which have been perpetrated over and over again and which everyone ought to denounce; when the hon. Member tells us in reference to the enemy with whom we are now engaged that we ought to love our enemies, does he really mean that those who have seen a daughter or a wife violated in the presence of a husband or a father can love such an enemy? That is a doctrine too hard for me, and I cannot accept it. It is one with which I have no sympathy, and I do not hesitate to say that anyone who professes to love his enemies under circumstances of that sort is unworthy of the name of an Englishman at all.
In connection with all the circumstances this House must remember the horrors which have been perpetrated over and over again, and it is asking us to go too far to adopt in this respect the doctrine laid down by the hon. Member opposite. We have to consider the necessity of getting this Bill through as quickly as we can in the interests of the conclusion of the War. That being so, I greatly prefer to see the Amendment accepted, and I shall raise no difficulty or objections to the proposals of the Government, although I am: not quite so clear about it and I should like to know more as to the exact nature of these proposals. No doubt they will be put before the Committee so that we can all understand their purport before we are asked to come to a final decision. I have said these few words because this is a question upon which we have all been inclined to sympathise and go as far as we legitimately can do to meet those who really and honestly entertain these conscientious objections. Nevertheless I take objection to some of the statements which have been made, and I decline to sit silent without stating clearly my own views on this matter, and I wish, in conclusion, to emphasise how entirely I disapprove of the doctrine which has been preached this afternoon.
I agree very largely with the hon. Member for the Blackfriars Division (Mr. Barnes) that this is a practical question. A Government is always faced with difficulties when it has to deal with minorities. Minorities that have to passively accept a situation which they do not like, of course, are very easy to deal with, but when you have minorities that are actively determined not to do a thing which they think wrong the matter is very much more difficult. It is exactly the same difficulty which the Roman Empire had with the Christians, and I am bound to say that I do not think the length to which the Government are going to meet the difficulty of the conscientious objector under this Bill is far enough. I want, first of all, to say that I do not think a great many hon. Gentlemen opposite really quite understand the character of a great many men who are objecting. I know two or three sons of very respected Members of this House who, not solely for religious reasons, are absolutely determined to have nothing to do with this fighting. They do not represent my own views, but that is their feeling. These men are not shirkers, they are, many of them, in non-military ways doing work in this War, but they will not under any conditions have anything to do with fighting even in a secondary way. That is the situation with which you have got to deal.
The Amendment which we are actually discussing treats this question as if it were a religious question; it is really nothing of the kind. At the beginning of the last century, during the Crimean War, it is perfectly true that the Friends were perhaps the only important part of the community that objected to fighting. Fortunately, or unfortunately, that is not so now. A great change has come about in the meantime. Taking even the Friends Society, the Friends do not hold the same view that they did, although it is true that the majority of them will not have anything to do with fighting. There are, as against what would have happened fifty years ago, quite a fair number of Friends who have joined the Army. Conversely, in our society in general, there are very large numbers of perfectly conscientious, courageous young men who, not for religious reasons very largely, but for reasons which are wrapped up in their most convinced beliefs, are not going to have anything to do with fighting. It is very largely due to a general belief, such as my hon. Friend the Member for West Leeds (Mr. E. Harvey) mentioned just now, that the only way in which war can be ended is by their individually refusing to do this. I do not personally agree with them that that is the way to reach that end, but that is their belief, and that is the motive of their action, and they are just as determined to act upon it as any Friend who has got a religious objection is determined to act on his views. There are also a very large number of men who object to this War in particular, who think that this War is unnecessary, and who, for that reason, will not fight.
You have got to deal with this situation that these men will not on any account fight, and I wish the House would realise that there are a very large number of them. It is not merely a question of a thousand all over the country; it is a question of a great many thousands, and it is quite certain that these men are not going to join the Army. I agree, of course, that they can be crushed down. I fully agree that, although you may get difficulties if you do not alter the Bill in an industrial direction, you will not, if you do not alter it in this direction, have any very serious civil disturbance, but you will, nevertheless, create throughout the whole of the industrial districts of our country a feeling amongst a large number of men that there is intolerable injustice going on, because I can assure hon. Members that in many towns of the North there are very often 100, 200, or even, more young men in each town who are determined not to do this. I am simply dealing now with facts that I think the House ought to realise before it accepts this very imperfect and doubtful form of meeting the conscientious objector.
I do not wish to say it in any frivolous sense, as some people might, but this is how it strikes a certain number of people. There is, in one of the Schedules, a table of exceptions, and among those exceptions are ministers of religion. Ministers of religion are going to be excepted because they have donned a particular dress. [HON. MEMBERS: "Oh!"] I do not mean that in any offensive sense, but I suppose it is because they are the ministers of the religion of peace. That, surely, is the reason. There can be no other reason. I do not know what other reason there possibly can be. It is because ministers of religion are presumed to be pacifists that they are excepted. [HON. MEMBERS: "No!"] Then I shall be very much interested to hear what is the reason. I shall be very much interested to know for what other reason they should be excepted more than teachers in the schools, if it is not because they are the ministers of the religion of peace. Here are a lot of other people who hold just as conscientiously as any clergymen can hold that they ought not to fight, and yet they are not to have any absolute right of escaping from this Bill, while the clergyman is to have an absolute right, whether he believes in his pacifism or not.
I therefore say that I believe the only way in which this matter can be effectively or justly dealt with is for the conscientious objector to be able to claim exemption on the ground of conscience. I agree with anybody who says that there will be a few men who from mere cowardice, if you like to call it so, will take advantage of this; but I do not believe that there will be very many, and I doubt very much if anybody in the House believes that there will be very many. If there are, does the House want to have in the Army the sort of man who is willing to take an oath or sign a certificate that he has a conscientious objection to fighting whether he has or not? Of course you do not. The only people who are going to escape in large numbers under any such Clause will be the people who are not going to fight in any case; but what you are going to do, if you leave the Bill as it is, is in many cases to punish them and what not, though fortunately, as was promised yesterday, you are not going to shoot them. [HON. MEMBERS: "NO!"] I am talking of the man who will not go to the front, and the promise was that they should not be shot if they refused to go. You will not get the conscientious objector into the Army in any case.
That was not the promise. The promise was that they would not be shot if they did not come in answer to the call in the first case.
That is what I mean. They will not be shot if they refuse in the first instance. These people are going to refuse in the first instance whatever you do. Therefore, you are not going to have them in the Army. You may as well, therefore, let them off at once effectively, and not refuse to do so just because you are afraid of two or three shirkers taking the opportunity of getting off. Hon. Gentlemen must not think that we who dislike this Bill want to make it unworkable. We do not. As we are going to have this Bill, I want to see as little friction as possible, and you are going to have the maximum friction if you try to tackle these men who have this very definite conscientious or religious objection.
Does the hon. Gentleman really mean, if a man says he does not approve of the War, that therefore he is to be treated as a conscientious objector and exempted?
Certainly not. There are many people who, like myself, object to the War very much, but who are not conscientious objectors. There are other people whose dislike of and disbelief in the War does make them conscientious objectors to fighting. I cannot, nor can you nor can anybody else, tell what is working in a man's mind. You cannot tell what is making him a conscientious objector. In most cases it is a mixture of all these things; it is a mixture of a dislike of war and of a strongly religious temperament very likely, but the question for the House is not what makes the man have a conscientious objection, but how he is going to act. That is the point for the Government, and I suggest that the simple way out of the difficulty is to say that if a man has a conscientious objection he ought to be able to claim complete exemption. That is the simplest way out, and the Government will not lose very many men. Really, the phraseology of the Bill as it stands is almost impossible. There is a military service or local tribunal which, if it thinks it just in the circumstances, may grant a certificate. How can conscientious objection be just in the circumstances of one man and be unjust in the circumstances of another man? Who is to tell except the man himself? The only judge of a man's conscience is the man himself. To put it under a local tribunal is to deny the individual conscience. The thing is really absurd, and I am bound to say that I wish the Government would do the simple thing and let these men off if they want to go.
I agree thus far with the hon. Gentleman who has just spoken, that the Amendment before the Committee is not one that could be accepted. That Amendment proposes that the objection on conscientious grounds should be limited to members of the Society of Friends and to others who belong to religious sects or religious bodies, one of whose fundamental tenets is objection to all war. It is surely a profound error to regard religion as necessarily a corporate thing. The finest religion must always be individual, and it is absurd to say that a man cannot have a conscience unless he belongs to a sect. The whole purpose of the proposals of the Government with respect to the conscientious objector would fail if we limited their application in such a way to the number of those who clearly and definitely say in fact, "We will not go to the Colours." I agree with what many hon. Members have said—and I expressed the same view in my speech on the First Reading—that it is difficult to sympathise-with the point of view of those who hold conscientious objections of this kind. We were all impressed with the earnestness of the speech of the hon. Member for West Leeds (Mr. E. Harvey), but it is one thing to have a reign of universal peace and to work for the reign of universal peace, but it is another thing to act as though we had a reign of universal peace. If people who hold these opinions were numbered, not as they are now by thousands, but if they came to be numbered by millions, the impossibility of ensuring peace would at once become evident.
In this matter, however, we, as legislators, must not be guided, I suggest to the Committee, by our own sentiments or opinions or sympathies, but we have to consider what the position will be when this Bill becomes an Act of Parliament, and when it is put into actual operation. The fact is that there are a number—it may be small or it may be fairly considerable—of men in this country who will not, under any circumstances, however ill-advised we may think them to be, serve in a military capacity, and there are others—a smaller number—who will not serve under any circumstances under any military authority. What do hon. Members who are disinclined to accept the view expressed by the Government actually propose should be done with respect to those men when this Bill becomes law? Is it suggested we should ignore them, and leave them alone, and say, "Parliament declares that you ought to serve in such-and-such a capacity, but since you refuse to serve, and since it will be troublesome to coerce you, we will adopt some methods of dilatoriness and evasion, and not apply methods of coercion"? That is, of course, a practicable proposition, but it is one, I think, which Parliament ought not seriously and calmly to adopt in a matter of government. If Parliament enacts a certain thing it should contemplate that its wishes shall be obeyed. Are you, in the case of these conscientious objectors, to arrest them and bring them before the Court, and impose fines, and, if the fines are not paid, proceed to imprison them? Is it really contemplated that now, when, for the first time, you are making military service compulsory in this country, it should be accompanied by the arrest and imprisonment of a certain number of men who unquestionably, by common consent, are men of the highest character, and, in other matters, good citizens? I am sure hon. Members would not wish to contemplate that there should be anything in the nature of religious persecution, or that you should have this body of men locked up in the gaols of this country.
What course are you to adopt if you are not prepared for either of the horns of that dilemma—if you are not prepared to leave the Act a dead letter on the Statute Book or else enforce it by imprisonment? The hon. Member for the Elland Division (Mr. Trevelyan) said what you ought to do is simply to accept the word of the individual that he does object on conscientious grounds to taking part in this War. I am afraid, if you agree to that, there would be a very considerable number of unconscientious conscientious objectors, and it might be regarded as a mere matter of form, by men of a certain class, to say, "We do not want to serve, and all we have to do is to call ourselves conscientious objectors, and there will be no further trouble, but we shall be exempt." The Government have considered that pro- posal, and feel sure that it would not be accepted by the House generally, or by the country, as a satisfactory solution of the problem. Therefore, we propose that these cases shall be examined by the tribunals created under this Bill, with the opportunities for appeal which the Bill allows. The tribunals, we think, ought to have considerable latitude. The Bill, as we propose it, declares that if a man states that he has an objection to performing combatant duties the tribunal might say, "Very well, we accept your objection on conscientious grounds, but you shall be enrolled in the Army Reserve; you shall not have to perform combatant duties, but only non-combatant duties. You will be set under military authority to do some other non-combatant service." The hon. Member says that, although that may meet the cases of a certain number of conscientious objectors, it will not meet them all.
There are a certain number who will not, in any circumstances, accept a place in any capacity in any military organisation, and the Government, feeling that that was a position which ought to be met, have considered by what means it is possible most effectively to deal with it. Having in this House two very able members of the Society of Friends who had put Amendments down on the Paper, the Government thought that they could not possibly do better than accept the Amendments of those hon. Members, and it was, therefore, decided that the substance of the Amendment should be adopted. The Amendment in one minor particular was open to objection. It says that exemption may be granted, but it may be conditional upon the performance of some approved service other than military service, according to the nature of the objection, but His Majesty may, by Order in Council, prescribe the form of approved service for the purposes of the Act. The hon. Member for West Leeds and the hon. Member for York have a similar Amendment, but without the words "other than military service." Our proposal is that the Amendment shall be conditional on the man performing approved service, and that the Order in Council shall determine and define the approved service for that purpose. It was thought to be an extremely difficult matter to draw up an Order in Council which could set forth in a list the various kinds of service which would be acceptable to the individual concerned and which would be regarded as useful to the State, and, therefore, we have slightly altered the words of the hon. Member's Amendment, and provided it may be conditional on the applicant being engaged in some work which, in the opinion of the local tribunal, is of national importance.
That is not the same thing as national interest.
We want to give the widest possible latitude. I have been asked, "What is the difference between the classes of work?" A man may come forward and say, "I am a bootmaker, and want to go on making boots." The tribunal may say, "There are a sufficient number of bootmakers already, and really it is more important you should become a soldier than remain a bootmaker." Therefore the man is sent to be a soldier. But if he comes forward and states, "I am a conscientious objector and I do not want to fight; I come under paragraph so-and-so of the Act, and I am engaged in making boots, which is a work of national importance. As such I shall do useful work for the nation." The tribunal may reply: "While this is not a work of national importance, if you say you are a conscientious objector, and object to becoming a soldier, you will obtain your exemption." That is, I believe, precisely the object of the hon. Member's proposal. But, the hon. Member says, the effect of the Government's proposal is that his friends would have forced upon them, by the requirements of the tribunal, some particular kind of work. Surely that is exactly what he himself proposes. He proposes that the tribunal shall give the individual man exemption, but at the same time say, "You need not go as a soldier, because you are a conscientious objector, but it must be conditional on your performing work for the State."
What I meant by my proposal, which has to be read in conjunction with the Clause, is that the tribunal should have a series of options to suit the circumstances in each case, and one of these options was absolute exemption to suit what I believe would be only a very few cases—others would propose that they should be allowed to do some work of the kind I have indicated. And while I am on my feet, may I say I believe the words proposed by the right hon. Gentleman do not quite correspond with his explanation, because most of the tribunals would not understand bootmaking to be a work of national importance. They would say it is work of utility to the nation, but not important. I therefore think some other word should be put in.
That is the purpose of the words. Our intention was to adopt the hon. Member's own proposal, with the exception that the tribunal would not be limited to a list of occupations set out in an Order in Council, but should have a wider choice of any work which is regarded as of utility. We do not want a man to come forward and say, "I am a conscientious objector and wish to be exempt from military service, but I do not propose to do anything whatever for the service of the nation." We say these men must be doing something—if not military service, then non-combatant service, and if not non-combatant service, then something else which will be useful to the nation in its economic, commercial, or other activities. I trust that after the full Debate we have had the Committee will be ready to come to a decision on this point, bearing in mind the large number of other Amendments which remain to be discussed [An HON. MEMBER: "Read the words again, please!"] The words, are, "or may be conditional upon the applicant being engaged in some work which, in the opinion of the local tribunal, is of national importance."
I cannot say that I have any sympathy with the conscientious objector in these circumstances, but still it is quite right that the Government should endeavour to meet the strong views which are held, and which have been given expression to by the hon. Member for Leeds (Mr. E. Harvey). But I am objecting to the proposed change of words. In the first place, it was proposed to give exemption on the ground that it was expedient in the national interest that a man instead of being employed on military service should be engaged on other work. But now it is proposed to insert words suggesting that the exemption maybe conditional on the applicant being engaged in some work which, in the opinion of the local tribunal, is of national importance. There is a great distinction to be drawn between the two words "interest" and "importance," and I would suggest that they require much more careful consideration than has apparently been given to them. It appears to me that instead of leaving a loophole for the hon. Member they make the original words still more strict. I have a strong feeling that persons engaged in educational work are entitled to special consideration, because whole groups of children in the generations of the future may be dependent on this question of education, and it is of national interest. I can hardly say, however, that a schoolmaster is engaged on work of national importance, and there, I think, is a grave distinction to be drawn. Therefore I merely rise to say that the matter is so important that we ought to have the words on the Paper before they are dealt with, and that the Government should walk very warily in this matter.
The speech of the hon. Member for the Elland Division (Mr. Trevelyan) rendered great disservice to the cause he has at heart. He said there was a considerable number of young men who would not have anything to do with fighting and who objected to non-combatant duties and to having anything to do with those who were fighting. Does he mean to say that in the case of an invasion, if one of these young men saw a wounded man lying on the road—
What I said was they would not have anything to do with fighting itself. A very large number of men at the present moment are engaged in voluntary Red Cross work who will not have anything to do with the military system or fighting and will not join the Royal Army Medical Corps.
The distinction is a very delicate one.
It is a real one.
I have seen the Quakers' Red Cross hospital in the shelled area near Ypres, and the splendid work that hospital is doing is evidence that the hon. Member's views are not widely shared. Personally, I am greatly inclined to agree with the Amendment, but, on the other hand, I feel most strongly that we have entrusted this Government with the conduct of the War and I have no right to give any vote which would weaken the ability of the Government to wage that War. Undoubtedly, if we were to carry the Amendment against their views, or even to put together a large minority against their views, it would affect the stability of the Government. Therefore it will be my duty to my Constituents not to support this Amendment, and that will be my course of action. We heard just now something about the reign of universal peace. I am one of those who have come back to this country for the purposes of this Debate, and all I can say is that all those at the front in France are filled with the conviction that they are fighting for the reign of universal peace. It is that conviction which strengthens their determination and fills them with confidence that they are going to win in the future. They want to see this Bill got through as quickly as possible, and they ask this House to devote its energies to that purpose.
I am very glad that the Colonial Secretary took a broader view of this difficulty than the Mover of the Amendment. The Mover of the Amendment, if I correctly understood his remarks, said he would confine it strictly to those who objected on grounds of purely religious convictions. I would ask the hon. Member if there are not even in this House hon. and right hon. Gentlemen for whose integrity, honour and principles he has the highest regard, and whether he would not respect the rulings of their consciences just as much as he would those of many members who have strong religious convictions?
No!
I am very sorry—I say it with all respect to the hon. Member—that he takes such a narrow view. I rise to ask very humbly, yet very earnestly, the Committee to try to meet these conscientious objectors as far as they can. We do not want to lose them. May I give an illustration which came under my own notice only last evening? Ten or a dozen young men who are conscientious objectors came to the Lobby of this House to interview me and to plead their cause. I saw them; they came up to me, fine, healthy, strong-looking young fellows, and I was sorry. I said, "Do you mean to say that you young fellows, fit for anything, have come here in our country's extremity to say that you will not fight?" They said, "Yes." That is not all. I used all the arguments of which I could think. I brought up some of those terrible illustrations which hon. Members opposite have brought forward and put before them. I did that with all solemnity, because I felt the seriousness of the occasion. We met under the inspiration of the Bright statue, and some two or three hon. Members of this House came along to my aid, and, with far better arguments and greater eloquence than I possess, appealed to them as strongly as I did. We tried to move them, in every way. We could make scarcely any impression. If the hon. Members who came so kindly to my rescue are here now they will bear me out in that. We do not want to lose these young men. I almost lost my temper with them when they stood there so stolidly and we put all these solemn arguments to them. But there is the fact. These young men said solemnly they were prepared to be shot, to go to prison, or anything rather than they would go to fight. As the hon. Member for West Leeds (Mr. E. Harvey) so vividly told the Committee, these men have a solemn conviction and they are going to abide by it. I hold no brief for them. I only wish we could have moved them. We may be able to do so yet. Do not let us say that we will send them to the trenches, or put them in front of the enemy, or shoot them. We want to preserve the life on this side of every young man, and to make use of him. Let us make use of these men and find something for them to do, even if they will not help us. I would ask the Committee most earnestly to consider this very serious question. The hon. Member for the Elland Division (Mr. Trevelyan) said that in one town in the North there were about 200 of these young men. Are we to lose them? Are they to be put in prison, or shot? Let us make use of them in the best possible way. When they appear before the tribunals, I hope the tribunals will meet them in a sympathetic manner—I do not mean the shirkers. I said to these young men, "It is very easy for you to come here and say you have a conscience, because you are afraid and do not want to fight." Then they all said at once that they were prepared to die, and what more could I say?
The hon. Member who has just sat down has shown very conclusively how difficult it will be to carry out this Clause of the Bill. For that reason I very much regret that the Government have not found it possible to accept the Amendment moved by my hon. Friend, to which I also put my name. That Amendment would have made it tolerably easy for these military tribunals to distinguish between the truly conscientious objector and the person who describes himself simply as a conscientious objector in order to escape military service. The Home Secretary told us that the new Amendment which the Government suggest will provide some work of national importance for all these so-called conscientious objectors. I take it that nearly everybody in this country is engaged on some work of national importance. I do not see how they can be working unless they are doing something of national importance. The example quoted by the right hon. Gentleman was that of a shoemaker, but surely the candlestick maker and the tailor and every other person engaged in any kind of occupation must be considered as being engaged in work of some national importance. Let it be remembered that already medical students have been told that they must enlist. If any of them come forward, they could say at once that they were engaged in work of national importance. What I fail to understand is how the right hon. Gentleman or the Government will be able to make any distinction between those who are really conscientious objectors and those "who happen to say so because they are shirking the Army. Our Amendment proposes to recognise as a conscientious objector anyone who belongs to any of these religious denominations. I should like to take the opportunity of saying how splendidly the Society of Friends have acted in this matter. It is well known that at all times they have objected to engaging in any kind of warfare, yet at the same time what have they done? As everybody will have seen who received an extract from a journal known as the "Friend," and published only one day last week, the Society of Friends are engaged at the present moment at the seat of War in doing a large amount of work with which a number of conscientious objectors refuse to have anything to do. I have received many letters on this subject. Some of these so-called conscientious objectors have distinctly stated that they will have nothing to do with any occupation which is in any way connected with the carrying on of war. All I can say is that I have a conscientious objection about them. I have a conscientious objection to paying taxes which help to protect the lives and property of those men who absolutely refuse, in this hour of the country's need, to do anything to support or help it, but I suppose that no statement on my part that I conscientiously object to paying those taxes, which I do, will prevent the tax collector from taking my money. I see plainly that it is quite impossible to carry the Amendment which stands in the name of my hon. Friend, and he and I are very anxious that this Bill should be placed upon the Statute Book as quickly as possible, therefore I may say, in his name as well as my own, that we certainly shall not carry this Amendment to a Division.
6.0 P.M.
I have not intervened in this Debate before, but I cannot help saying quite frankly that I could not remain unmoved under the very fine speech from the hon. Member for West Leeds (Mr. E. Harvey) to which we listened this afternoon. We have got here to a very practical difficulty that can be easily met, for I understood the Home Secretary to come very near to meeting it. We have heard from the last speaker that he and the Mover of this Amendment are not going to press it to a Division, and I believe they practically admitted that they were not going to oppose the Government, since the Government had expressed themselves so strongly in another direction. I understand from the hon. Member (Mr. Harvey) that his point is almost met by the speech of the Colonial Secretary. Since then we have listened to the Home Secretary, and I want to appeal to the Government, in order to facilitate the passage of this Bill, to meet us in this one particular. The Home Secretary used the words "national importance." The words already existing in the Bill are "national interest." I understood the Home Secretary, just as he was sitting down, to say he would consider the word "utility."
No.
I understand the right hon. Gentleman is not prepared to consider that word. May I appeal to the Government, in order to facilitate the progress of this Debate, at least to insert the word that is already in the Bill, namely, the word "interest," because I believe that would meet the position on both sides of the House—those Members who do not go all the way with the hon. Member (Mr. Harvey) and yet want to meet this conscientious objection on the part of such men as those for whom he speaks? I, therefore, should like to associate myself with this appeal and ask the Government whether they can see their way to substitute "national interest" for "national importance." I do not want to be misunderstood, and I do not want to belittle the importance of this question of the conscientious objector, but I want that we shall get on to other important matters, and I therefore appeal to the Government to accede to this request and use the words "national interest and importance" or else "national interest" instead of "national importance."
We have been two and a quarter hours on this Amendment and we have seventeen pages to get through. I am sure the Committee feels there has not been a word said for the purpose of obstruction, but I hope we realise that we ought to get on with the Bill. I think my hon. Friend (Sir E. Lamb) is under a misapprehension. The word "interest" from his point of view would not in the least improve the Amendment as we put it down. We have gone as far as we could to meet this view, and I wish the Committee would now come to a decision.
May I suggest to the Committee that in view of what I said earlier the discussion would be more practicable now if we ceased the general Debate, disposed of the Amendment under discussion, and approached the different proposals further down on the Paper?
I have listened to this Debate from its commencement this afternoon. I have endeavoured to attract your eye, and have only now been able to do so, and I regret that I cannot see my way to give up the opportunity of expressing my views on this subject. I regret very much indeed that my hon. Friend (Sir P. Magnus), on behalf of the Mover, has expressed his intention of withdrawing this Amendment. I regret it very much indeed. I think it is a very reasonable Amendment, and one which the Committee ought to agree to. We had a discussion, a day or two ago, on an Amendment dealing with the exclusion of Ireland from the Bill, which I can assure the House required a very great deal of strength of mind on the part of many Members, including myself, to refrain from carrying to a Division, and now we are asked to repeat that operation on this Amendment. What does the Government's action in respect of this matter of allowing people to get themselves outside the operation of the Bill by means of conscientious objections amount to? The chief object of the Bill, I understand, is to get hold of some half-million of men whom, up to the present, the country has been unable to get hold of for the purpose of turning them into soldiers, and thereby bringing the end of this War nearer than it is at present. These 600,000 men have been approached in every way possible, by holding them up to ridicule, and by appealing to them in a hundred and one ways—most degrading ways, in my opinion—and it is natural to suppose that, having refused to come In under the operation of all These appeals, they are not particularly anxious to become soldiers, and yet you give them a loophole of which I am certain a very large number of them will take advantage. You tell them all they have to do is to say they are conscientious objectors. Several hon. Members below the Gangway have said, and I agree with them, that it is quite impossible for any tribunal to set itself up to say whether the conscientious objections of a man who says he is a conscientious objector are really good or bad. If he says he is a conscientious objector you will have to accept him as such. These half-million men whom you have failed to draw in by all these posters and placards and Derby schemes, and a hundred-and-one other—to my mind—degrading methods, have shown, by the fact that they have not yet come in, that they are not going to come in if they can help it, and, instead of taking hold of them and saying, "Come in; you must," you are saying, "You need not necessarily come in if you can satisfy the tribunal that is going to be set up that you are a conscientious objector." That is absurd. Every hon. Member who has spoken against the Amendment has told us that the number of men affected by this question is comparatively small. There is the Quaker body. They have admitted that even the Quaker body is not affected by it, because the hierarchy of the Quaker body, whatever it may be—I am not up in it—have agreed that this is no longer one of the tenets of their church.
The hon. Member entirely misunderstands. There is no hierarchy. A number of members of the Society of Friends have enlisted, it is quite true, but the number of active members is exceedingly small. They are very largely those who have kept to the Society through sentimental and family ties and do not wish to sever their connection.
The facts, I believe, are that before this War, if a member of the Society of Friends had enlisted in the Army he would thereby have ceased to be a member of the Society of Friends. That is no longer the case, which shows that the Society of Friends itself has modified its views on this subject. As a matter of fact, I know several members of the Society of Friends who were serving, and some of them have been killed in the service of their country. Therefore, even with the Society of Friends this question does not stand on the same footing now as it did before the War, and that is one of the points on which my hon. Friend's Amendment did not go far enough. I should have ruled them out the same as other people. But the point is this. I remember that the Prime Minister discountenanced any hon. Member posing as speaking for people who are serving at the front, but, in spite of that discouragement, I should like hon. Members to think what those who are serving at the front must think of the proceedings of this House on this Bill. They will have no greater admiration either for the country or for the Government when this Bill comes out of Committee and becomes an Act and they see what a rotten, mutilated piece of compulsion it is. In my judgment, the method by which compulsion, or Conscription, or whatever you like to call it, has been brought about has been totally unworthy of the dignity of a country such as ours. I think the whole of the Derby scheme was unnecessary and was degrading. The whole system of advertising for recruits and the method in which they have been appealed for has also been degrading. Everyone has known, whether he objected to Conscription or not, that in the long run, if we could not get the number of men necessary to bring the War to a close without Conscription, we should have to have Conscription. What would have been simpler than for the Prime Minister to say, five or six months ago, that a certain number of men were required to bring the War to a successful conclusion, and that if that number of men was not forthcoming before the beginning of the year compulsion of some sort would have to be resorted to? If that had been done people would have been able to accustom themselves to the idea, it would give these 600,000 men whom we are trying to rope in now an opportunity of doing their duty, and if they had not come forward a Bill might have been introduced. But the way in which it has been gone about by the Government is that everyone's feeling have been considered.
The CHAIRMAN rose—
I know what you are going to say, Mr. Whitley. I am coming to the point. Everyone's feelings have to be considered, even the conscientious objector, the gentleman I was just coming to when you rose. A few days ago it was the Irishman. Now it is the conscientious objector. In my opinion, none of these parties deserve to be considered, as a body, any more than anyone else. We have left the Irishman out. Now we can deal with the conscientious objector. The effect of the Amendment as adumbrated by the Home Secretary will be, most undoubtedly, that a very large proportion of that 600,000 men will escape the liability of service by simply saying they are conscientious objectors. I have no sympathy with those who think it is wrong to fight for their country when an attempt is being made by another country to crush it. I leave out that small body of men—I think they are an eligible quantity—but even if they should have to suffer imprisonment it would not matter very much. God knows there are millions of our fellow countrymen suffering far worse than that at the front! But I want to prevent these 500,000, or that proportion of them who will assuredly take advantage of this Amendment that is going to be moved by the Home Secretary, from escaping their liability to serve. I am extremely sorry my hon. Friend is going to withdraw the Amendment. If he could see his way to change his mind I would gladly go into Lobby with him.
In asking leave to withdraw the Amendment I feel that I must make my position clear. I received the announcement of the Government with profound regret. I moved this Amendment believing in it thoroughly. I cannot help feeling that the Amendment the Government has adumbrated is worse than the original Bill. I describe the original Bill as the "Slackers' Charter." The Government Amendment is far worse. On the other hand, I am face to face, as a loyal supporter of the Government in their carrying on of the War, with the possibility of wrecking the Bill, with consequences which might be disastrous to the Government. I want to make one thing clear, that I cannot associate myself with the words of the hon. Member (Mr. Mildmay) so fully as he went. I desire to retain to myself the possibility of saying that there may be reasons and there may be times when it may be my duty to vote against the Government, even to the extent of turning them out, in regard to the conduct of the War. In regard to this Amendment, I think the position is different. I am, however, prepared to accede very unwillingly to the position they have taken up, and under the circumstances I ask leave to withdraw the Amendment.
Is it your pleasure that the Amendment be withdrawn?
No!
Withdrawal refused. I notice the hon. Member for Hanley (Mr. Outhwaite) has risen. He is interested in the next Amendment, in regard to which I am anxious to give an opportunity for discussion. In connection with the present Amendment, for the convenience of the Committee, I have allowed hon. Members to roam over a series of Amendments in my endeavour to protect the subsequent Amendment. I think the hon. Member will recognise that.
I do fully recognise that, but there are a few words I want to say in regard to this Amendment which will cover what I want to say on the other Amendment, and I will then formally move the Amendment which stands in my name. I would like to deal with one argument that the Mover of this Amendment made, and which I do not think has been dealt with, and it is one of fundamental importance. He said that the State has a right to compel an individual to surrender his liberty because that liberty is endangered through aggression, and that when men go to take up arms for other men who do not assist the non-combatant is virtually preserving his life through the endangering of other men's lives. That is a fundamental argument for Conscription. That cannot be said to be the case in which we find ourselves to-day. For instance, if you take the statement made by the First Lord of the Admiralty (Mr. Balfour) the other day on this Bill, he said, we are fighting
"for a cause which is indeed nearest to our dearest and most permanent interests, but which does not involve invasion, or even the serious danger of invasion, of our hearths and homes."—[OFFICIAL REPORT, 6th January, 1916, col. 1248, Vol. LXXVII.]
That has to be borne in mind. This country is in no danger whatever of invasion. [HON. MEMBERS dissented.] That is the case, and when people talk about cowards, surely the man who is in fear of the danger of invasion to-day cannot be very stout-hearted. If this House had as many representatives of the Navy in it as it has representatives of the Army we should not hear the argument advanced that we are in danger of the surrender of our liberties through invasion. Surely that is a fundamental matter. It is the basis of our liberties to-day. If our forefathers had considered that they were likely to lose their liberties through invasion, and the dangers were greater in their days, they would have had Conscription.
That is an argument on the whole Bill.
Question, "That the words proposed be there inserted," put, and negatived.
The next Amendment is in the name of the hon. Member for East Aberdeenshire.
What about the Amendment in the name of the hon. Member for Hanley?
I called on the hon. Member for Swindon (Mr. R. Lambert) in whose name the Amendment stands as well as in the name of the hon. Member for Hanley. The hon. Member for Hanley said he had had his opportunity earlier and was not going to move it.
He declared his intention to move the Amendment formally.
If I misunderstood him, I am sorry. I will call upon him.
I did say when I rose that I meant to deal with my Amendment in the course of my speech on the other Amendment, but I was brought up before I reached that point. I beg to move, in Sub-section (1), paragraph (d), to leave out from the word "ground" to the end of the paragraph ["of a conscientious objection to the undertaking of combatant service"], and to insert instead thereof the words "that he has made a declaration on oath before two justices that he entertains a conscientious objection to the undertaking of military service."
This Amendment is for the purpose of making an oath before two justices of the peace a guarantee of conscientious objection. I have no doubt that hon. Gentlemen opposite will think that that is a quite insufficient guarantee, but I think that we must have some regard to the exemptions which already exist in the Bill. For instance, we have the exemption of ministers of religion. I think that when a man goes before two justices of the peace and says that he has a conscientious objection to the taking of life, that oath should have just as much substance in it as a ground for exemption as the consideration which weighs with a minister of religion. I can not quite understand the ground on which a minister of religion is exempt. I read the letters that passed between the Archbishop of Canterbury—
On a point of Order. Is the hon. Member addressing himself to this Amendment, which is the taking of an oath before two magistrates? Are we on that to have a discussion about ministers of religion?
I was illustrating the nature of an oath. This oath must have as much regard paid to it as a ground for exemption as that mystical oath or consideration which is the ground for exemption for ministers of religion. I am only asking for the same quality of treatment in this matter. I was pointing out that the ground on which Lord Derby in the first place considered that ministers of religion should not come under his scheme was simply that they had made an oath to the Archbishop of Canterbury and that he considered that the minister or curate should obey those set in authority over them. I think, therefore, whatever the oath may be which is binding on a minister of religion, it is not of more substance and gives no better guarantee of conscientious objection than an oath made before a justice of the peace, especially when ministers of religion are advocating war, when they are urging others to go and kill, and they are actually expressing the view that they would like to go and kill, only they are debarred by those set in authority over them. Therefore, I urge that the equality of treatment which this Amendment will guarantee should be granted, and that when a man goes before a justice and states that he has a conscientious objection, that that should be taken as a guarantee of his bona fides. very much fear that the tribunals to be set up will be prejudiced ones. I think we have to acknowledge that. I think we may guess what will happen in the tribunal in a country district, with retired Army men upon it, when a man comes forward and says he is a conscientious objector on political or other grounds. If he says he is a Socialist one can well imagine the tribunal would say. "You are just the sort of man we want to get into the Army, so that we can knock some of the nonsense out of you." [An HON. MEMBER: "Hear, hear!"] I am very glad to have confirmation from that quarter. On the ground particularly that these tribunals are not likely to be of a very judicial nature, I would urge that the Government should accept the suggestion in this Amendment and allow an oath before two justices to be accepted as a guarantee of a man's conscientious bona fides.
I appeal to the Committee to decide this question. It is really what we have been discussing for two hours now, the only distinction here being that there should be an oath before two magistrates. My right hon. Friend the Home Secretary has already said quite plainly that the Government cannot accept a suggestion of that kind. The reasons are obvious. In the first place, you are bringing into this Clause, which is a Clause dealing solely with the tribunals, a totally different Court for a special purpose. In the second place, you are suggesting that an oath taken before two justices is to be a sufficient proof of a man's conscientious views. I do not want to say anything that may seem to impeach the courage or honour of these people, but there is nobody who has been connected as long as I have with the administration of justice in our Petty Sessional Courts who does not know that there are circumstances in which the taking of the oath is regarded in certain circles with a vast amount of levity, and to regard that as sufficient proof of the existence of strong conscientious feeling—proof which must be forthcoming in other ways—is wholly inadequate for the purpose. There are many other important Amendments to consider and we must' get on. I would, therefore, earnestly appeal to the Committee to dispose of this Amendment, and when we come to the Amendment of my right hon. Friend we shall have the Government's proposals before us.
With every disposition in the world to respond to the appeal of the right hon. Gentleman, I cannot refrain from saying a few words. I took no part in the general Debate upon this question, and I would not intervene now if it were not for the fact that I have upon the Paper an Amendment somewhat similar in character, but rather more wordy than this. The right hon. Gentleman raises two objections to this Amendment. The first one is that this Amendment proposes to take an oath before a tribunal which is not recognised in the Bill. That objection does not apply to my Amendment, because in my Amendment I suggest that it should be taken before the local military service tribunal, as it is called in the Bill. In regard to the second objection, I have been waiting all the afternoon to hear from a representative of the Government how they expect the tribunal is going to discover whether an applicant has a conscientious objection or not. I think we have a right to have an answer to that question. No man can look into another man's conscience. The only person who knows whether he has a conscientious objection or not is the man who has the conscientious objection. The President of the Local Government Board knows something about the administration of the Vaccination Act. When the right of the conscientious objector was first given under the Vaccination Act it led to a great deal of injustice and a great many arbitrary decisions on the part of magistrates in different parts of the country, and it was because of the fact that no tribunal could decide whether an applicant had a conscientious objection or not that we had the Amending Bill five or six years ago. The House of Commons at that time accepted a logical conclusion, and said that if the applicant makes a declaration that he has a conscientious objection, then the justice shall be compelled to accept that. I submit to the Government that that is the only way in which this Bill can be made workable.
The Colonial Secretary referred this afternoon to the Australian and, I believe, the New Zealand military law. I do not know whether the right hon. Gentleman has been sufficiently long in his office to have discovered how that is worked. In New Zealand there have been so many conscientious objectors whose appeals have been refused by the Court that a special prison has had to be provided for them. There have been hundreds, and I believe thousands, of cases in Australia of men whose political, public, and religious record one would have thought would have settled the matter before the tribunal whose claim has not been accepted, and they have been fined and sent to prison. Do the Government want a state of things like that? When the Home Secretary was speaking I had hoped that he would have paid more attention to some most important speeches made in the course of the Debate this afternoon by Gentleman speaking with knowledge which is not possessed by many hon. Members of this House of what is going to happen when this Bill becomes law. They appealed to the Government to do something to minimise this Bill, and, by making a more generous concession, lessen the number of those who certainly, by their opposition to the Bill, will cause difficulty.
The Colonial Secretary the other day referred to the reason why Ireland had been excluded from this Bill. It was because of the opposition which such a measure would have to encounter in Ireland, and the Government were not prepared to face that, and he said this afternoon something to the same effect in regard to England. The Government already have had experience of the difficulty of enforcing penalties where there is opposition to an Act of Parliament. An Act of Parliament was passed in the early days of this Session known as the Munitions Act, and within about a week of that Act being passed it was openly violated by the miners of South Wales, and under that Act the South Wales miners owe the Government £5,000,000. The Government have never taken the slightest step to enforce the penalties incurred by the violaters of the Munitions Act. Speaking from actual knowledge, I know that there are not hundreds, but that there are tens of thousands of men in this country who are going to oppose the enforcement of this Act to the utmost limits. There is one organisation, every member of which is opposed to this Bill, which is pledged to oppose it, and which numbers 10,000 men, all men of military age. That by no means exhausts the numbers of those who have conscientious objections to military service. What are the Government going to do? The only thing they can do is to accept an Amendment like this and not to leave it to the tribunal to say whether a case of conscientious objection has been established or not. If they do that it will all depend upon the constitution of the local tribunal whether an applicant gets an exemption certificate or not. In one district an exemption certificate will be freely given, as was the case under the vaccination law, and in neighbouring districts the local tribunals will refuse to grant exemption. There is nothing more likely to make the smooth working of this measure difficult than the implacable attitude of the Government in regard to this matter. I do not know whether it is too late to appeal to them, but in their own interests I do appeal to them to accept, if not the words of this Amendment, at any rate an Amendment which will carry out the intentions of this Amendment.
To accept this Amendment would make the Bill, the Government, and the House of Commons really ridiculous. No man cares to describe himself as a shirker or admit that he is a slacker, but if you insert this Amendment into the Bill you will give an invitation to every man who is a shirker and a slacker to describe himself as a conscientious objector. There is no means of proving whether he is or not. You are to take his word simply because it is given in the form of an oath before two justices. The proceedings under the Vaccination Act have been referred to. Those of us who have taken declarations under that Act know the circumstances in which they are made. I myself remember the case of a man coming in and making a declaration for an exemption certificate, and afterwards I asked him why he objected to vaccination. Perhaps I had no right to question him, but my natural curiosity got the better of my discretion, and the reply was, "I don't know much about it, but my wife does not like the child to keep her awake at night." These are not good reasons. The reasons given by persons who apply for vaccination exemption certificates are usually so frivolous and so absurd that I think it was an unfortunate thing for the supporter of this Amendment to cite that case in support of this proposal. To accept the proposal would be to make the Bill, the House, and the Government ridiculous, and I hope that the Government will not entertain it for one moment.
If I thought that the hon. Member for Blackburn (Mr. Snowden) was justified in his apprehensions in regard to the military tribunals I should be prepared to vote for his Amendment, but I do think that his fears are utterly baseless, because I am sure that there is a general desire in all parts of the country, especially among those who have to work this Act, to make every possible allowance for the conscientious objector. I think that it has been a very great mistake to minimise the importance of this question. We have had in the past to respect the conscientious objections of Ulster, of the Nonconformists in the matter of religious education, and of the Conservative trade unionists, who objected to paying into party funds. In everyone of those cases in which the conscientious objector has fought, he has obtained a large measure of respect. Therefore, if I did not think that the military tribunal would treat him with absolute justice, and if I did not see in the system of appeals which the Government have instituted under this Bill a complete security, that if injustice was done in one tribunal the matter would be brought to a Court of Appeal, I would support the Amendment, but I know that a conscientious objector in these circumstances would be treated with justice. It is for those reasons that I shall support the Govern-
ment and oppose the Amendment, because I believe that the fears expressed by the hon. Member for Blackburn are not justified. In conclusion, I would like to say one word about the appeal which the Government have made to us repeatedly not to take up the time of the House. Something should be said in reply to the Government about that. No one is more anxious than I to see this Bill passed into law, but this Bill should have been passed into law a year ago.
Question put, "That the words 'of a conscientious objection' stand part of the Clause."
The Committee divided: Ayes, 287; Noes, 37.
I understand the hon. Member for East Aberdeenshire does not propose to move his Amendment.
After we have spent three hours over the question of conscientious objectors, and in view of the appeal made from the Front Bench, I do not propose to move my Amendment.
I beg to move, in Sub-section (1), paragraph ( d ), to leave out the words "undertaking of combatant service," and to insert instead thereof the words "taking of human life."
I submit this Amendment because I want to remove from this Military Service Bill any expression or words that would afford a means of avoiding military service. This Bill nominally is one to get men, but it is actually going to be a measure to exempt shirkers. Men who do not want to go to the front wish to shelter themselves behind the Society of Friends, who object to taking human life, and will not, and never would, undertake combatant service. If these men are going to shelter themselves behind that Society, then I submit, in order to prevent their escape, that we should put in the Bill the words "taking of human life," and not simply the words "undertaking of combatant service." I move the Amendment to give this make-believe Bill a little bit of reality.
I hope my hon. and gallant Friend will not press his Amendment. His object is to bring the provision into conformity with the views strongly held by the Society of Friends, but the hon. and gallant Gentleman must have already learned that there are other objects that the Government have to contemplate, and there is nothing gained, in substance, by the language of the Amendment. I hope, therefore, he will not press it.
Amendment negatived.
I beg to move, in Sub-section (1), paragraph ( d ), after the word "of" ["undertaking of combatant service"], to insert the words "military service or."
I intend to take the advice which has been given from the Front Bench, and therefore I do not want to make a speech on the Amendment, but as a matter of principle I and my hon. Friends feel that it is of considerable importance, and they wish to ask the Committee to divide upon it. I may briefly state what is the purport of the Amendment without prolonging the discussion, and we shall not carry the matter further if the Government are not able to meet it. What we want to make perfectly clear is that there is a great number of conscientious objectors who object to any form of military service, and the expression "combatant service" only appears to narrow the ground of objection. I do not know if the Government really intend that, but the Bill as drafted seems not to make an important distinction between the two classes of objectors—those who object to any kind of military service, and those who only object to combatant service.
I am obliged to the hon. Member for what he has said, and I understand that he does not expect me to say anything on the subject, or that there should be a discussion. I hope, therefore, that a Division will be taken at once.
In the interests of good draftsmanship I venture to commend the Amendment to the consideration of the Government. The Clause says that application may be made for exemption from military service on certain grounds. Paragraph ( d ), as it stands in the Bill, contains the ground of conscientious objection to the undertaking of combatant service. It is well known that the conscientious objection is not to undertaking combatant service, but military service of all kinds. The man who conscientiously objects is going to say to the tribunal that he regards war as murder, and that he will not be an accessory to it in any way. I think you are doing a foolish thing in increasing the difficulty if you say to the applicant that his conscientious objection must be to only "combatant service." With the paragraph as it stands, there might be a preliminary wrangle between the applicant and the tribunal in every case coming before it. The words of the Bill are quite unnecessary, and if you look further into the measure you find that in the case of an objection on conscientious grounds the certificate may take the form of exemption from combatant service only, so that this really does not at all effect the action of the tribunal, or the effect of the Bill. It is only a question of procedure as to whether the applicant who objects to war altogether shall be compelled to say that he objects to service of a combatant character. I think, in the interests of peace, and the smooth working of this Bill, which I have never tried to obstruct in any way, it is very desirable that this Amendment should be accepted, and I hope it will be persevered in.
Question put, "That those words be there inserted."
The Committee divided: Ayes, 53; Noes, 258.
I think that decision covers the next Amendment, standing in the name of the hon. Member for Mid-Lanark (Mr. Whitehouse).
In view of the decision of the House, I will not move the Amendment. [In paragraph ( d ), Sub-section (1), to leave out the word "combatant" and to insert instead thereof the word "military."
I beg to move, in Sub-section (1), after paragraph ( d ), to insert the following new paragraph:
"( c ) on the ground of being an ecclesiastical student, or engaged in the education of youth."
What might be said upon this Amendment may be abbreviated very considerably owing to what has been said about the conscientious objector. The case of the conscientious objector, so far, at all events, as the Society of Friends is concerned, has been conceded, and very properly conceded I may say, having regard not only to the character of the two hon. Members who have spoken in the Debates on this Bill on behalf of the Society of Friends, but also having regard to the record of that society from the time of its foundation. The case for my Amendment is stronger still, inasmuch as it includes conscientious objection fortified by the fact that the men I propose to exempt from the operations of this Bill have dedicated their lives in time of peace, as well as in time of war, not to a commercial enterprise, not to make money, but have severed themselves from the ordinary methods of living practised by the community in this country, and have devoted their lives to the unselfish work of educating the youth of this country. The Home Secretary spoke of the work of shoemakers being of national interest. I am not going to dispute whether it is or not, but whoever maintains that the work of shoemakers is of national interest will surely not deny that the education of youth is of sufficient national interest to exempt from the operation of this Bill men who have devoted their lives to that great work when that fact exists concurrently with their conscientious objections. It has been hinted more than once in these Debates that from every point of view it is very undesirable to do anything at the present time which might conceivably lead to anything in the nature of religious persecution. Men who in time of peace devoted their lives to the work that I have described should not be interfered with in time of war. Their work is continuous, and its importance is no less in time of war. The individuals who have so devoted their lives are comparatively few; but few though they are, there are a considerable number of hon. Members in this House, and a considerable number of people in the country, who take the view that those orders and societies of celibate men who have devoted their lives to the education of youth should not be interfered with. If they are interfered with, you will have to deal not alone with these men themselves, but with all who share their views and all who contribute to their support. Although they render great public service of the highest character, they derive hardly any money from public sources. They are maintained by those who believe in the utility and merit of their work. There is hardly any merit that a progressive nation like this ought to recognise which the individuals aimed at by this Amendment are not entitled to share. I need not occupy the time of the Committee to any considerable extent in developing a case which is so obviously just and meritorious. I trust the Government will accept the Amendment, if not in the words which I have placed on the Paper, at any rate in words calculated to spare these men for the great work of national interest and utility in which they are engaged.
I am obliged to the hon. Member for not thinking it necessary to occupy a considerable amount of time in dealing with this Amendment, and I hope that no other Member will think it his duty to do what the hon. Member has thought unnecessary. It will be obvious to the Committee that we cannot accept this Amendment. The arguments which the hon. Member has used would have great potency but for the one simple fact that this country is at war, and we must get the men to carry on the War. We have already said in regard to another Amendment that on the Report stage we intend to introduce words that will have a considerable bearing on this matter enabling the local tribunal to give a certain amount of consideration to people who are being educated for work which the tribunal considers useful. In other words, they will have the right to exempt a student of a technical college or similar institution who is on the point of becoming of use in national work. I am sure the Committee will agree, however, that we cannot possibly accept the present Amendment.
If we are to be put off, not unreasonably, with promises of Amendments on the Report stage, we ought to have those Amendments on the Paper. We do not know when the Report stage is to be taken. Possibly we shall finish the Committee stage to-morrow and have the Report stage on Friday. If that is at all the intention of the Government, I protest in advance. Personally, I am quite ready to accept the suggestion that we should have Amendments on the Report stage on condition that we have any such Amendments on the Paper at such a time that we shall be able fully to consider them. If this suggestion is carried out, I am sure the progress of the Bill will be rendered not more difficult, but easier.
Amendment negatived.
I beg to move, in Subsection (1), after paragraph ( d ), to insert,
"or
( e ) on the ground that he is a medical student who can more advantageously complete his medical training in order to render national service as a medical practitioner."
I do not think many words are required to commend this Amendment to the Committee. The general need of this profession is recognised on all hands, and I understand that the right hon. Gentleman is prepared to meet the position in some way.
I have on more than one occasion informed hon. Members, including the hon. Member for Blackburn (Mr. Snowden), who has taken an interest in this question, what the practice is with regard to medical students, and it is proposed to continue that practice. We intend to continue to educate for the medical service students in the third, fourth, and fifth years of their studies. Those who have passed the examination in the third year will be included, but those who go up for the examination and fail to pass in the third year will not be consiedred to be in that category. First and second year students will be held to serve in the combatant Forces of the Crown. We are carefully examining the whole situation in regard to the possible shortage of medical men in the future. We have for that purpose the services of Sir Donald MacAlister, President of the General Medical Council, who is undertaking a careful survey of the whole situation in the medical schools, and is going to report to us on the subject. The Committee will realise that under the policy that we have adopted there will be three generations of medical students coming forward—third, fourth, and fifth year. We propose to safeguard those in the Amendment which has been indicated by my right hon. Friend somewhat on the lines suggested by the right hon. Gentleman the Member for St. Pancras (Mr. Dickinson). I hope that with that assurance my hon. Friend will not think it necessary to press this Amendment.
I regret that the War Office is not disposed to go a little further. It is perfectly true that third, fourth, and fifth year students are to be permitted to complete their studies, and you will have for three years a more or less sufficient supply of doctors. But you will have at least two years in which no newly qualified medical men come into the profession at all. What I suggest is that there should be left to the local tribunal a discretion to exempt from combatant military service even first and second year students in special or peculiar circumstances, and that they should not be precluded by the express terms of an Act of Parliament from giving certificates of exemption to medical students in earlier years than their third. I do not press the point particularly now; I put it forward in order that it may be borne in mind.
Amendment, by leave, withdrawn.
I beg to move, in Subsection (1), to leave out the words "military service" ["and the Military Service Tribunal, if they think it just"], and to insert instead thereof the word "Local."
A similar proposal to this was adopted by the Committee yesterday, but so far we have not had one word of definite explanation as to what the proposed change means. I understand the proposal to be to use the present local tribunals, appointed ad hoc for recruiting purposes under the Derby scheme, for the powers conferred under this Bill. If that be the actual proposal, I should like the Government to say so, and to tell us whether they are satisfied that these bodies, which were peculiarly constituted for a particular purpose, quite different from the purposes contemplated in this Bill, are, without change, the best kind of tribunal to carry out the very important and somewhat complicated duties and responsibilities conferred by this measure.
The reason it is proposed to change the name of the tribunals to "local" from that of "military service" is that a military service tribunal may give rise to misunderstanding. It is felt that it may give the impression that these tribunals consist of military officers; that they are really military in their composition, instead of tribunals merely dealing with the administration of the Military Service Bill. The present title which has been conferred upon the tribunals which are now actually at work is "local tribunal." Therefore it has been thought better that they should retain that title. In respect to the constitution of the tribunals, it is now under the consideration of the Government as to whether or not any Amendments are needed to strengthen them. Possibly some changes may be needed. A statement on that subject will be made when we come to the Amendment dealing with the point.
The explanation of the right hon. Gentleman really needs a little further explanation. It has been suggested by my right hon. Friend that the existing tribunals under what was called Lord Derby's scheme are still in existence, and are being adapted for the purposes of this Bill. I take it that the so-called tribunals under Lord Derby's scheme were purely voluntary—were a casual concurrence of persons, and that they have no existence whatever in the eye of the law. This Bill provides that Courts shall be constituted, and I take it, therefore, that they must be constituted. But they have no relation whatever to the existing tribunals, which were nominated for a different purpose, and were purely incidental, local, and temporary.
This is a purely consequential Amendment. The proper place for the hon. Member to raise his point is on the Second Schedule.
Amendment agreed to.
I beg to move, in Subsection (1), paragraph ( d ), to leave out the words "if they think it just in the circumstances."
The Amendment is identical in the first part with the Amendments hon. Members have put down on the Paper. The words proposed to be left out have given rise to a good deal of controversy, and there are on the Paper no fewer than four suggestions of alternative words. The Government, on consideration, think the simplest course, the one which will shorten debate, and which will make no difference in the technical meaning of the Bill, will be to leave out the words altogether, and simply to say that the local tribunals may grant the certificates of exemption.
This is not a long point, but it is a very important point. I do not feel certain that the object which I think some of my hon. Friends have in putting down their Amendments is in any way met by the suggestion of the Home Secretary. What he said I should think everybody will agree with—that the striking out of the words "if they think it just in the circumstances" makes no difference whatever. Every tribunal should, of course, if they have conferred upon them power, exercise it by considering what is just in the circumstances. It makes no difference at all. The important word is the word "may." It is one thing to spend a long time discussing what should be the proper grounds of exemption, and then say that if those grounds are established to the satisfaction of the tribunal, to say the tribunal "shall" grant the exemption: it is quite another thing to say those are the grounds upon which you "may" grant exemption, for it is still open to the tribunal to say, however much you have proved your case, they "may" still refuse the certificate for which you ask. Let us for a moment consider the distinction between these two things. I do not do this with any desire either to obstruct the course of business or to prevent the Bill from working as it is intended. But I am sure that nothing is so likely to lead to complaint and to disappointment in connection with the working of this Bill than the feeling that when you have brought forward a case which is really a strong case you are told by the tribunal, "Well, we are not bound to grant you an exemption because of what you have proved, for this Clause says we 'may,' and that means we may or we may not. This tribunal thinks you ought not to have it."
There are two very strong reasons why that should not be allowed. For my own part, I do not mind if you amend the conditions on which the certificates are granted and make them fairly stiff and strict. The first ground on which I think "may" ought to come out and "shall" ought to go in is that it is important that everybody should feel that the conditions are being applied in the same way in different places. I do not want to say anything about the work of the Derby tribunals. They have thrown themselves into their duty, as Lord Derby has done, with the most splendid energy and devotion. But I should not think there can be a single Member of this House who has not had his attention—rightly or wrongly—called by correspondents to complaints that individual cases have been decided in one place in a way which does not contrast favourably with the ways they have been decided in another. That is so in some cases, and it will be very unfortunate if we perpetuate that. Let the Committee remember what these tribunals are, or at any rate what they are intended to be. They are appointed by the local authority. In the case of the small provincial towns they may be appointed by the mayor and corporation, or by some local council. I am sure they will be appointed very honestly and carefully, but they are local people. Just consider what happens if you go before a small tribunal consisting of local people, and urging, for example, that you are entitled to exemption on the ground of special domestic circumstances or of special financial circumstances—which is one of the grounds suggested by the President of the Local Government Board. It is surely most important that everybody should feel that they are to be treated alike. What I do urge the Committee to do, therefore, is to lay down what are your grounds of exemption as strictly as you please, and insist that the tribunal must be satisfied that the ground is made out, because if they are not satisfied then the certificate would not be granted. Once you have defined your ground, once you have provided that the committee has to be satisfied that the ground is really made out, then I do most strongly urge that we should say that the certificate "shall" be granted. I do not believe that in the actual working out of the matter by honest and careful people that it will make much difference in the result. But what makes an enormous difference is the way in which different people who come before the tribunal regard it. If we do not do as I suggest, it appears to me there is a danger of not having similar decisions in similar places, and in consequence a second danger of there being a great deal of unnecessary dissatisfaction. I see my right hon. Friend the Attorney-General on the Front Bench, and, if I may say so, I have heard a similar point described from that box many a time. I know very well that the lawyers can talk about the difference between "may" and "shall" till all is blue; but really it is not worth doing! The word wanted here is "shall," while at the same time showing that there is to be no certificate granted unless the tribunal is satisfied that the ground is made out.
On a point of Order. We have heard a speech on the word "may," a word we have not yet reached. I have an Amendment on the Paper to leave out the words down to "may," but excluding "may." May I suggest that the convenient course for the Committee to adopt would be to leave out the words that the Government desire to omit, so as to leave the road open for a discussion on the whole question of the word "may"?
May I also draw your attention, Mr. Chairman, to the fact that I also have a similar Amendment, with this difference, that it would leave out the word "may" as well. I would like to ask your ruling as to what my position will be in regard to this if the words proposed by the Government are left out? If the Amendment so suddenly brought forward and sprung upon us is adopted, will I be able to propose my Amendment the point of which is undoubtedly not met by the Government Amendment?
I think the position is this: The Committee seem to be agreed in regard to the words that the Government propose to strike out. I gather there is no opposition to that—
On a point of Order. The Government Amendment does not quite meet the case of my right hon. Friend behind me. He wants to keep in words at the beginning of this phrase, though it is true he does not want to keep them in right through.
I do not know about the point of Order put forward by my right hon. Friend, but I do not think that the objections brought forward by him will be met by these words. There is a great danger of want of uniformity. That danger does not come in the tribunals not giving the certificate of exemption, but the danger comes from one tribunal giving the certificate on grounds on which another will not give it. My hope is that uniformity will be arrived at to a considerable extent by two things—by regulations, and by the fact of the appeal. On the other point of the right hon. Gentleman's speech I will not go into it, not being a lawyer. But I can remember in one of the earliest Debates that I heard in this House that a lawyer, whoever he was, sitting on this bench, explained that in law there was no difference between "may" and "shall."
There sometimes is.
My right hon. Friend has stated that case very often. But I am going to accept the words of the Amendment standing in the name of the hon. Member for Sunderland (Mr. Goldstone).
Amendment, by leave, withdrawn.
Amendment made: In paragraph ( d ). leave out the words "think it just in the circumstances," and insert instead thereof the words "consider the grounds of the application established."—[ Mr. Bonar Law. ]
I beg to move, at the end of Sub-section (1), to insert the words,
"The local tribunal may allow an application to be made after the appointed date in any case in which it is shown to their satisfaction that the failure to make the application within the required time has arisen owing to the absence of the applicant abroad, or owing to any other cause which appears to the tribunal to afford a reasonable ground for allowing the application to be so made."
I think I might almost move this Amendment in silence. It concerns an undertaking which will be in the recollection of the Committee, and I think the Committee will agree that it carries out fully the undertaking.
I beg to thank the Government for bringing forward this Amendment to meet the point raised.
I ought to congratulate the Government, but I am really not quite satisfied it covers entirely the case. The case we were in difficulty about was that of a man who, having failed to go before the tribunal at the proper time, is then in the hands of the military authorities. Is there any power in the Bill which will allow him to come before the tribunal?
The Act of Parliament gives local tribunals powers, and, inasmuch as it gives powers, they are established at once.
But how, as a matter of fact, will the applicant be able to get there?
He can walk there.
I do not want to prolong the proceedings, but I do think my right hon. and learned Friend might try to understand the difficulty. Would the man be allowed to walk there by the military authorities? If the military authorities have seized him on the ground that he is a deserter, and he says, "I am not a deserter; I stayed away unwittingly. I could not get there sooner," the military authorities might say, "We do not believe you; we think you are a fraud," and they might subject him to any military punishment they thought fit.
With great respect to my hon. Friend, I cannot imagine that there is really any doubt at all as to the means to be adopted. The position is that an Act of Parliament gives this man the right to renew, before a local tribunal, an application on the grounds specified in this Amendment, and I really am not prepared to consider the case of any commanding officer of a military unit who, on his attention being directed to the fact that a claim is being made in accordance with the plain words of an Act of Parliament, is going to take up the position of refusing to obey the terms of the Act of Parliament. If he did, there are very easy methods of dealing with such a case.
Question, "That those words be there inserted," put, and agreed to.
I beg to move, at the end of Sub-section (1), to insert the following Sub-section,
"(2) A Military Service Tribunal may also grant a certificate of exemption from the provisions of this Act in any other case in which, on account of the special circumstances of the case, they think it reasonable to do so."
This point really has not been met. Let me point out to the right hon. Gentleman that there must be very exceptional and peculiar cases in which it is desirable to grant an exemption. I can imagine quite a number, and anybody who is gifted with the time and inclination can easily conjure up quite a number of cases which will probably sooner or later come under the notice of the authorities. Let me suggest one case—that of a man who possibly is doing special secret service for the Government. The Government may not desire to own it, or to give a man a certificate that he is in their employ. He might be compelled to put in an application for exemption in such a form as the tribunal would grant, and on grounds quite different from the ordinary. Then let me suggest the case of a man who has been subject to fits of drunkenness and is an inebriate, and places himself under partial control for the time being. Such a man certainly ought to be granted a temporary or conditional exemption. There are quite a number of other cases which occur to me, but I think I have made out points enough to show that there is a distinct reason why a general term should be found which would include a number of various and exceptional cases, and would give the tribunal power to grant the proper exemptions in such cases.
The hon. Member has such an air of amiable good nature that it is difficult to understand how he can have the heart to delay us in matters like this when it is absolutely unnecessary. The hon. Member knows as well as we all know that the Government cannot possibly accept this Amendment. The particular case my hon. Friend gave of a man engaged in secret service clearly shows the nature of the Amendment. He would not suggest, I hope, that in that case a local tribunal should be told the whole of the facts to enable them to judge whether such a person should be exempted.
Amendment negatived.
I think the hon. Member will not move the next two Amendments.
No, I will not.
The Amendment in the name of the hon. and learned Member for Bassetlaw (Mr. Hume-Williams) does not now arise.
I beg to move, to leave out Sub-section (2).
This Sub-section places Government Departments in an absolutely unique position quite different from that of municipal bodies, employers of labour, contractors, and others, and enables the Government Departments themselves practically to give an exemption to all those persons who are employed in those Departments. I do hope that, even if this Clause is inserted as it stands, the right hon. Gentlemen who are responsible for the Government Departments, of whom we have two or three here, will try and see that those Government Departments do not become, as I think they are at the present moment, a place in which an unnecessarily large number of young men are detained. Up to the present the Government Departments have not had a very good reputation as regards recruiting, and there is a great temptation—a very natural temptation, to which I do not take exception—for the heads of those Departments to keep as many young men as they want to do their work. In some of the Departments I have come across, as far as I have been able to see, I should say that a good deal of the work which is now done by young men could be perfectly well done by young women, and if the Departments were placed under the same difficulties which the commercial firms are now under, they would long ago have replaced a good deal of their male labour by female labour. I do not see why the Government Departments should not go through the same mill that everybody has got to go through, namely, of proving that men they ask to be exempted are really required, and of proving it before the local tribunal which will have to deal with these subjects. It would be an immense protection, I believe, for the Government Departments themselves. They would not have this responsibility—a very invidious responsibility—put upon them of setting the individual men to be exempted, and I believe it would give the public confidence in these Departments which, I submit, those Departments on this particular subject do not possess at the present moment. I do not want to labour this matter, and, of course, if the Government resist it there will, naturally, be no means of insisting upon it; but, even if they cannot grant this, I do hope they will have some careful investigation made by impartial persons unconnected with the Departments upon this question as to how far male labour can be properly spared from the Departments. Of course, some of the Departments will, naturally, want to keep their men; for instance, the War Office and Admiralty, and I am not sure the War Office and Admiralty are not as great sinners in this respect, although both of those Departments have now, I believe, introduced a good deal of female labour, and might have introduced a good deal more if they had only realised at an early stage the importance of allowing the younger men to enlist.
8.0 P.M.
This Sub-section deals with two classes of cases. It deals with the employés of the Government Departments themselves—the persons who are conducting the work of the Departments—and it deals also with the industries which are more or less in the sphere of control or supervision of the particular Departments. The right hon. and learned Gentleman's speech dealt only with the first of those topics, the employés of the Government Departments themselves, and I shall therefore reserve any remarks I have to make on the other and far larger question until we come to deal with the Amendments on the Sub-section. I do not for a moment admit that my right hon. and learned Friend's indictment is well-founded. I have had myself quite a varied experience of Government Departments during the last twelve months, and of the several Departments with which I have been connected during that time I can say quite truly that the utmost efforts have been made by the Ministers and by the permanent heads to spare every possible man who can be allowed to go. From the Local Government Board, for instance, practically every man of military age has gone. At the General Post Office I sent, as Postmaster-General, a letter informing the whole of the porters, postmen, sorters, and several other branches of the staff, that every man could be spared, and urging him to enlist, and out of 85,000 men, married and single, of military age in the General Post Office there are accounted for under the classes already enlisted, attested under the Derby scheme, and rejected on the ground of being medically unfit, no fewer than 75,000. Therefore, so far as that Department of the State is concerned, my right, hon. Friend will agree that his indictment is not well-founded. And so it is with other Departments. I am quite certain that every Minister and every permanent head of Departments is fully alive to the importance of sparing members of the staff when it is possible, but the work of Government Departments must be carried on, and Ministers cannot be responsible for the efficient conduct of the affairs of State if men who are really indispensable, and who have expert knowledge on particular topics and many years' experience of dealing with administrative matter, are to be whisked away and untried persons, like the young women suggested, put in their places with no knowledge of the many difficult and complicated matters with which they have to deal. Nor is it possible to refer these men to the local tribunals. Take, for example, the local tribunal at Westminster. How could that body decide whether certain clerks are needed or not in the Home Office or the Treasury? On matters of this kind you must accept the word of the Minister, and if they do not accept the word of the Minister, then the local tribunals would foe called upon to judge in a matter in which they are in a far worse position to decide than the Minister in charge of the Department. On these grounds the Government are unable to accept the Amendment which has been moved by my right hon. Friend.
I confess that to my mind the explanation which has just been given by the right hon. Gentleman is not a satisfactory one. You want very strong grounds in order to put Government employés in a specially favoured position which is not accorded to any other members of the community. We set up local tribunals for the purpose of adjudicating upon this undoubtedly important question, and those tribunals are considered to foe good enough for every class of his Majesty's subject with the exception of Government employés. The tribunals are good enough for men in important commercial businesses, such as confidential clerks of the utmost value to their employers, and yet it is not considered good enough for the local tribunals to be allowed to decide whether an office boy in a Government Department is to be subjected to military duty or not. In order to make out a case for this proviso you ought to be able to show that a local tribunal cannot be trusted when important cases are under consideration. I do not suppose that the President of the Local Government Board would go as far as that, and yet it must be remembered that these tribunals have to deal with cases of enormous importance, not only to the individual, but to the industry in which he is engaged. These cases have to be decided by the local tribunals, and yet you say that those in Government Departments must be placed in a specially favoured position, and that Government employés must have a special exemption which is given to no one else. I do not think a case has been made out for this proposal. What is the effect of it? It is that whereas in every other employment in the country an employer, no matter how important his business, and no matter how vital to him the retention of a particular clerk or employé may be to his business, he has to go before the local tribunal, or his employé has, and the decision, subject to an appeal, decides the question for him. In the case of a Government Department they are to be made judges in their own cause, and they are to be the judges of the persons they shall keep and those they should hand over.
They are responsible to the House of Commons.
Quite so, and why are you going to assume that the local tribunal is going to be unreasonable in the case of Government employeés? You have given two rights of appeal, and unless you are in a position to say that you do not trust your tribunal to do justice to Government employés, then you have no business to ask the House to say that a Government Department should be able to decide this question altogether apart from any local tribunal. Why should a Government Department be able to decide its own case as to whether it can spare men or not? I urge the Government to put Government Departments on the same footing as every other employer and industry in the country, and have some faith in the tribunals.
Does the hon. and learned Member carry his suggestion so far as the Munitions Department of the country?
Certainly. If a man comes and asks for an exemption and if the Minister of Munitions, or if his subordinates declare that a man's services are of special importance, I cannot imagine any local tribunal refusing such an application. If the President of the Local Government Board comes before a local tribunal and says, "I have certain persons in my office of military age who are necessary to carry on my business, and these men must be retained and not taken for military service," I cannot imagine any local tribunal would refuse his application.
My hon. and learned Friend does not seem to realise the point. My Department is engaged every day working very long hours in dealing with a multitude of cases that come up under registration, and we are liable to severe criticism if we fail in the smallest degree, and yet if the hon. and learned Gentleman's suggestion is adopted the head of my Department will have to go to every single tribunal—probably forty or fifty of them—in the district where a particular clerk may dwell, and he will have to spend his time going from tribunal to tribunal to get these exemptions.
I never heard put forward such an utterly impracticable suggestion. Does the right hon. Gentleman imagine that if the head of a Department sent a written application, stating that A or B is a person absolutely required for the work of his Department that the local tribunal would not pay attention to that letter? Does the right hon. Gentleman imagine that the local tribunal would ask him to go and be cross-examined? Just as in the case of an ordinary employer, if he makes out a good case for exemption, or in case of a Government Department if the head makes out a good case for exemption of a particular employé the local tribunal would give effect to that decision, and it would not be necessary for my right hon. Friend or the heads of his Department to go about to these tribunals submitting themselves to cross-examination in order to ascertain whether their desire to keep men was genuine or not. It really is quite unnecessary to consider that argument. The Home Secretary said very truly that when he was managing the Post Office he did his duty very properly, and that where any postal servant could be spared he was allowed to join. I am not suggesting that he did not do so. Every Department considers that certain persons are indispensable, just as every employer in the country thinks certain men are indispensable to their business, but I think it is only fair that these heads of Departments should have, like any other employer, to go before the local tribunal, or send someone there and state what their case is. I am not impugning the good faith of the competency of the President of the Local Government Board, and I am not accusing him of any desire to keep men improperly, but he cannot look into every case himself, and in all probability the persons selected for exemption will never come before the Home Secretary, or the President of the Local Government Board at all. Those persons would be selected by some subordinate in his office, and probably he will not know anything about it personally, because he has something better to do. Therefore I urge that the Government should trust these tribunals, and if they have a good case to make out before them, I have not the slightest doubt that the men will be exempted if the case is properly proved, and if not justified the men would not be exempted, and would be asked to join.
I think the case for the Bill as it stands in this respect is conclusive. If I had any doubts before they have been entirely removed by the speech to which I have just listened. A Government Department is the only authority who can say whether the men they control are needed or not, and it seems to me that the whole business of the State would be held up if the head of a Department, or the chief officials of a Department, had to go travelling about the country submitting their cases to the local tribunals. Does the hon. and learned Member who spoke last (Mr. Butcher) remember that the Ministry of Munitions directly employs persons running into thousands.
Hundreds of thousands.
If this Amendment were carried the Ministry of Munitions would have to submit the names and occupations of each of its hundreds of thousands of employés.
Certainly.
Such a proposal is absurd, and it is not at all possible, and I will not spend any further time on that point. I rose to ask my right hon. Friend one question, and I ask it now because it may save me raising it at any length a little later on. In Sub-section (2) there occurs the phrase "and which comes within the sphere of the Department." Those words seem to me to be extremely vague. Let me put this case in order that the Committee may understand it. I should say myself that the whole body of coal miners—
On a point of Order. I wish to call attention to the fact that the hon. Member is now discussing the words "and which comes within the sphere of the Department." That is part of the Clause which comes under an Amendment standing in my name, and I wish to know whether the hon. Member is in order in discussing it now?
The Amendment is to leave out the Sub-section. I admit that the Debate has been rather general, and I am sure that the hon. Member for Mid-Lanark will take note of the point which has been raised.
I will not now ask that question, but leave it until the proper Amendment is reached. I will content myself with supporting the Bill as it stands in this respect.
I think this is about the most absurd Amendment that we have discussed. I want to say what I am about to say in fairness to the Government Departments, because there is a tendency to sneer at them to-day, and it is such an easy matter to make a gibe that the sons of some influential people are being kept there for the purpose of escaping their duty. It is not usually my function to defend people of this kind, but I think, in fairness, and as probably the only hon. Member who has had an opportunity of examining the members of the staffs of Government Departments, and those who have joined from every Department, I wish to state that the Retrenchment Committee called for a Return in order to see exactly the number of the staff from every Government Department who have enlisted, and where economies have been effected, and I feel bound in fairness to say that the statement of my right hon. Friend is most fallacious as well as unjust. The returns prove conclusively, not only that every effort has been made to economise so far as the staff is concerned, but that a magnificent response has been made from the various Government Departments, without exception, so far as I have seen. It is clearly obvious that the hon. and learned Member for York has not read the Bill, and does not even know what is now in existence. He comes here, and asks: "What can be said of a Cabinet Minister, the head of a Government Department, pretending that he ought not to go through the same process as every other business and industry in the country?" That is his case. He must know that not a solitary miner has to go before any tribunal at all.
Does the hon. Gentleman mean under the provisions of this Clause?
The hon. Member is evidently not aware of the fact that before another collier is released the Home Secretary himself has to give his permission. That is the scheme.
Under the Derby scheme.
It is part of the Derby scheme. It is an arrangement in existence now.
We are not discussing the Derby scheme.
The Derby scheme is now in operation, and, if this is not an extension of it, what is it?
Hear, hear.
It is the Prime Minister's pledge. I am dealing with the point of the hon. and learned Member that there is some special preference given to Government Departments. I have shown him the position of the miners. The position of railwaymen is that by arrangement with the War Office the general managers themselves, and not these tribunals, have the last word before there is one man released. That is the position of the railways, which include 400,000 men. When we come to the munition workers, what do we find? The tribunal under the Registration Act has not even the power to deal with the starring of those workers. There is a clear and absolute exemption given to the Minister of Munitions. What, therefore, becomes of the hon. and learned Member's talk that there is a special exemption given to Government Departments? He spoke of a letter being written to the tribunal. Just imagine the position! Here is an Act of Parliament which sets out, with regard to everything else, that a proper and full opportunity must be given for close investigation. It says that in order to administer justice to everybody, every case must be personally investigated. The hon. and learned Member says that we want to get on with the War and to hurry the thing along, and with a view to hurrying it along he proposes to hamper every Department dealing with the War. In the second place, to show how closely these cases are investigated, and how justice is to be done with a view of preventing all kinds of suspicion, he suggests that the Government Department has simply got to write a letter, and leave someone else to make the personal application. You would immediately create the impression that it is only necessary for the Government Department to send a letter for the son of some Member of Parliament to be exempt, whilst in every other case all the procedure will have to be followed out. I can only conclude that the hon. Member knew nothing of the Derby scheme, and less of the system of exemption, and that he put the Amendment on the Paper without realising what it meant. I hope he will hastily withdraw it.
The right hon. Gentleman who moved this Amendment seems strangely oblivious of the real position of Government servants at the present time. There was a time when it was supposed that Government servants had little to do and there is a stock story of one Government servant who, when coffee was ordered after luncheon, exclaimed, "Good Heavens! Coffee after luncheon! I shall not get a wink of sleep the whole afternoon!" Nothing could be more erroneous. My hon. and learned Friend entirely overlooked the fact that this exemption is necessary in the public interest. It is not in the least like the case of a barrister's clerk who is most necessary, or the confidential servant of the chairman of a company who is most necessary. It is a totally different thing. These Government servants who will be exempted are persons whose services are of importance to the country at large. There is really no analogy between the two cases. The Home Secretary referred to various Government Departments in many of which he has been gathering laurels of late. I should like to instance a smaller Government Department with which I am acquainted, and in which there are about fifty ladies and some five men. The ladies do their work admirably. Every one of the men attested under Lord Derby's scheme. One or two of them are absolutely indispensable, and it is perfectly right and absolutely necessary, in the public interest, that the case of such men should be dealt with in the manner suggested by this Sub-section. Already, all Government Departments, including the one of which I have spoken, are exceeding short-handed, and with the utmost difficulty carry on their work. If they were not to have this privilege, if it be a privilege, entirely in the interests of the public, some of these Departments would find it exceedingly hard to go on, and the House of Commons would be the first to suffer and the first to criticise. The duties performed by public servants are of the most technical character. Each man has not always got an understudy, at any rate in the smaller Departments, and the disappearance of one man who may be the mainspring of the office may bring the whole Department to a standstill for a long time to the infinite inconvenience of the public. I have thought it my duty once again to say a word on behalf of public servants, and to beg the right hon. Gentleman, who is not acquainted with them to withdraw his remarks in which he unwittingly did an injustice to a most meritorious class of persons, very moderately paid, considering their great abilities, the hard work they perform, and the way in which they are now working, from early morning to late at night, taking work home with them to deal with before they come again the next morning.
I do not understand the warmth of the hon. Member who has just spoken, and of the hon. Member for Derby (Mr. J. H. Thomas). I find myself in great sympathy with the Amendment, and though I did not expect to find myself in agreement with the hon. and learned Member for York (Mr. Butcher), I was impressed by the argument he used, and I feel that there is a strong case to be made out for the Amendment. It is not a question of how many ought to be exempted. The question is entirely one of the method by which Government Departments ought to be able to obtain exemption for those men whom they say it is necessary to keep in the public interest. I cannot see why any Government Department, except possibly the Ministry of Munitions, should be placed in a specially privileged position on a question of this sort. Take, for instance, the case of the Education Office. I have no doubt it employs a good many clerks of military age, for which it desires to obtain exemption, but I should like to know on what ground the head of that Department should have a right to obtain exemption for his staff by different methods to those open to a Judge of the High Court who may have one or two clerks whom he considers it just as necessary in the public interest to keep with him.
In the London County Council there are a great many officials of all kinds who will be wanted, and why should they not have the special privileges which it is proposed to give to the Government Departments. Again, take the case of a Member of this House. I do not suppose there are many Members of military age who have not already enlisted. But it might well be there is a Member entitled to exemption on the ground of ill-health or infirmity, and he would have to go before the local tribunal in the ordinary way. Surely, if that tribunal is good enough for a Member of Parliament, it is good enough for the Education Office? I think we have had a rather unsatisfactory answer on this matter. I do not think it is at all in the public interest that a Government Department should arrogate to itself a specially privileged position in regard to this power of exempting men wholesale, as proposed by this Clause. It is very desirable there should be no suspicion of capriciousness or unfairness, and I very much regret that the Government have not seen their way to modify this Clause. If they cannot accept the Amendment of my right hon. Friend, at any rate they might confine the operations of this proposal to those Government Departments which are directly concerned in the prosecution of the War. Cannot the right hon. Gentleman agree to that?
I speak with a very full knowledge, ranging, I am sorry to say, over a great many years, of our Government Departments, and I do not know how we should get the work done if I were disposed to accept this Amendment. I am not acquainted with any Government Department which, at this moment, is not working very long hours, and which is not doing work directly connected with the prosecution of the War. It would, therefore, be impossible to draw a distinction between Government Departments. I listened to the speech of my hon. and learned Friend the Member for York (Mr. Butcher) with amazement. I thought that after giving him the information I did he would have admitted that we had made out our case, and that he would not have pursued his suggestion to the end. With all his great knowledge of our Constitution, he entirely ignores the fact that there is all the difference in the world between private employers and the heads of Government Departments. The latter are responsible for the government of the country, which is being carried on under circumstances of exceptional difficulty, and as regards their particular offices they are under the direct and immediate control of this House. If any Minister is thought to be exceeding his duty, his action can be challenged on the floor of this House as long as Parliament is sitting, and he can be made to render an account of his stewardship. There is, therefore, no comparison between the private employer and the head of the Government Department, and if any is made it is entirely fallacious.
The suggestion has been made that Government Departments are not sending their people to the Front, and that there is some sort of conspiracy between the Parliamentary head and the permanent head to keep men back. That is about the most outrageous libel on the public service to which I have ever listened. I have made it my business to probe the charges to the bottom. I have asked hon. Members who made them to give me the names of the Departments and of the officials, and there has not been a shadow of foundation for any one of the charges made. I believe, indeed, that the Civil Service of this country to-day shows a better record in the percentage of men who have gone to the Front, or have attested under the Derby scheme, than any other class taken by itself, and the suggestion that they are being kept back because Ministers want to keep their staffs, or because the permanent heads like to have a lot of clerks around them, is wholly unworthy of those who make it. There is no foundation for the charge either that we are seeking by these means to get some special advantage for Ministers. What we are doing is this: We are enabling Ministers through their permanent officials to decide what is the smallest number of people by whom their work can be carried on, and who those people shall be. There is not the smallest want of confidence in the tribunal to be set up under the Bill. This proposal is made solely in the public interest. There is to be a consultaton between the heads of the Department and the War Office. If there is any difference of opinion between them it will be referred to the Cabinet, which will decide the point at issue. Here you have a large number of checks, not one of which exists in the case of the private employer. We have debated this Sub-section at length. It never entered my mind it would be criticised in this form. I do earnestly appeal, not to those critics who are known to be hostile to the Bill, because they have been most moderate in their criticisms and have done nothing to delay its progress, but to those who are in favour of this Bill, who want to see it carried, and who know perfectly well that time is precious. I do beg of them to confine their criticism to important questions and to let matters of detail pass by.
After what has fallen from the right hon. Gentleman I will be very brief. I wish to point out to him that this is a question which has caused a considerable amount of feeling, more perhaps than he knows, outside this House. I judge by correspondence not from ignorant people, but from really well-informed persons whose opinions would, I am sure, have great weight with the right hon. Gentleman. I would ask him if some sort of modification of this Clause may not be brought up on Report. I know the matter has been raised quite informally in the House before, and that one of the right hon. Gentleman's colleagues, in a very fair speech, frankly put the point as to the desirability of having the best available clerks to help in matters of difficulty. That is true, and it is a temptation—I do not put it higher than that—which we ought to avoid. If you have a large number of young men of military age in any office, whatever that office may be, surely it would be an advantage to have some fresh mind brought to bear upon the question whether these young men's services should be retained, or whether it is not possible to substitute for them older men or even young women.
Where are these young men? In what Department?
In Government Departments.
Which one?
The Local Government Board.
I can at once give my hon. and learned Friend a straight denial on that point. All the clerks in my office have gone or have been attested, and the reserved ones could be counted at this moment on the fingers of one's two hands.
But I understand the position of those who have attested is practically unaffected as far as their liability under this Bill goes. They are to be treated as starred men, and supposing there are five or fifty such young men in the Local Government Board Department they will not be available for military service for the reasons indicated. Is it not well that some fresh mind should be brought to bear upon the matter in order to see whether some of the men could not be spared and their places taken by older men or by women? I make that suggestion not on my own authority, but on other authority as well. The hon. Member for Derby (Mr. J. H. Thomas) said that certain classes are exempt already under the Derby scheme. I know they are. This is an exemption quite apart from the Derby scheme. The Sub-section has the effect of putting all Government offices in a different position from that occupied by private employers of labour, the London County Council, and, so far as I understand it, other county councils as well. For that reason I would ask the right hon. Gentleman to give further consideration to the matter.
I wish to assure my right hon. Friend that this is not the small matter of detail which he suggests it to be. It raises a very important question. Of course, if the Government say upon their authority that they must have this provision I am not going to say that they ought not to have it, because I agree that in matters of this sort they are the persons to whom we ought to bow. I would say one word to my hon. Friend, if I may call him so, the Member for Derby. He does not bow to Government authority in very much more important matters than this Clause. He will not listen to Government authority when it comes to enlisting a man at all. He comes here and thinks he has answered my speech by accusing me of profound ignorance. I hope I am always willing to admit my deficiencies and ignorance. It was a Greek sage who said that the man who knows his own ignorance best is the wisest man. I hope I am wise enough to admit my own ignorance. When the hon. Gentleman tells me that I have not read the Bill, and that I do not know anything about the working of the Derby scheme, I can only tell him that he is not justified in making suggestions which have not one particle of foundation. If he had been in favour of this Bill I should have attached much greater value than I do now to his opposition to this Amendment. Remembering, as I do, that from first to last he has offered every opposition to this Bill, and that he does not want anyone to be enlisted under it—when I come to his speech and find that he accepts this Clause of the Government because it gives more exemptions, all I can say is that the value of his support to the Government is not worth having. I may remind the Committee that the only other Member who addressed it from the opposite side in opposition to the Amendment was an hon. Member who represents some Division of Scotland who is in exactly the same position as regards this matter as the hon. Member for Derby. However, I am willing to accept the Government's authority, and if they say the Sub-section is necessary to work the Bill I will accept it. I have made my protest, and I am not convinced.
In asking leave to withdraw the Amendment, perhaps I might say that I brought it forward because I believed, and still believe, that it is a far more important matter than the President of the Local Government Board imagines. I do not wish to delay the Bill at all, and did not realise that there would be so much discussion upon the Amendment.
Amendment, by leave, withdrawn.
I beg to move, in Sub-section (2), to leave out the words "after consultation with" ["any Government Department after consultation with the Army Council"], and to insert instead thereof the words "with the consent of."
I imagine that this consultation with the Army Council is a matter of some importance; otherwise the Government would not have put it in the Bill.
It was agreed with the War Office and the Army Council.
I understand this consultation is looked upon both by the War Office and the right hon. Gentleman as being of great importance. I want to make it effective. As the Bill stands, you may have your consultation, but the Department can brush the whole thing aside and say, "We shall pay no attention to your wishes; we have heard you, that is quite enough." If the right hon. Gentle- man really means, as I think he does mean, that the War Office are to have some say in the matter and are to be able to give or refuse their consent to this class of men being exempted, it is much better to say so in the Bill. Therefore I suggest to the right hon. Gentleman that in order to make the consultation with the War Office or the Army Council of some value we should give them the right to say that they consent or do not consent. If they consent, well and good, but if they are only to be asked to give an opinion, and that opinion is to be brushed aside, you might as well have no consultation at all.
I hope my hon. and learned Friend will not misunderstand me when I say that I believe the War Office and the Secretary of State to be beter judges of what suits the War Office than himself. This Clause is the result of very careful consultation between us and the War Office, and they approved of it absolutely in its present form. What my hon. and learned Friend suggests is that a course should be adopted which is quite unusual, namely, that one great Department of the State should be put under the control of another. I know of no precedent for that at all. My hon. and learned Friend shakes his head, but he does not look at facts presented to him in a simple form. He suggests that the War Office is to have control over every other Department.
indicated dissent.
Then what does he mean by saying "with the consent of the War Office"? Does he mean that if the War Office and another Department disagree nothing is to be done? If so, it means a deadlock. If, on the other hand, he means that the War Office are to have the right to override other Departments, then he is seeking to put the War Office above other Departments. What has happened in this case is that we have arranged between the War Office and the other Departments that there shall be consultation between the War Office as representing those responsible for the Army and the other Departments concerned. If there is a disagreement the usual course will be adopted, which is always followed, and the two Ministers will bring their case to the Cabinet, and the Cabinet and the Prime Minister will decide it as between the War Office and the Ministers concerned. That is happening every day. It is the usual and common practice. I adhere to what I said, that I prefer the careful and deliberate opinion of Lord Kitchener and his advisers on the Army Council to the suggestion of my hon. and learned Friend.
I must protest against my right hon. Friend's speech. I have put forward a suggestion which appears to me to be a reasonable one in my position as a Member of this House. I do not quite see why we should have the War Office or any Department thrown at us. I have the greatest respect for the War Office and for the right hon. Gentleman, but I shall never surrender my right in this House to criticise proposals which have been made by them when I think I can make better ones. I say that without the slightest conceit, but simply because I think it is right to maintain the privileges of this House. My right hon. Friend says if the assent of the War Office is required to exempt a man or a class of men and there is a difference of opinion between the War Office and the Department, a deadlock must ensue. I say that nothing of the kind is necessary. It would be perfectly easy in the Bill to say that the Department, with the consent of the War Office, can exempt any men or class of men they like, and if there is a difference of opinion it should be referred to the Appeal Tribunal under this Bill. My right hon. Friend says if there is a difference of opinion it should be referred to the Cabinet as a whole. I think the Cabinet could be better employed than in settling disputes between the War Office and the Department as to whether A, B, C or D is to be exempted from service. To bring such a matter up before the Cabinet would be a total abuse of Cabinet Government. The proper mode for giving exemption to large classes of men under this Clause is to do it by the consent of the War Office and the Department, and if, unfortunately, a difference should arise between those two great offices, it is perfectly easy to send it to the tribunal to be decided and not to trouble the Cabinet with such a matter at all. My right hon. Friend really contemplates a state of things which creates far more of a deadlock than my proposal. He contemplates a state of things where there is this difference between the War Office and the Department, and he says it must be brought before the Cabinet. Really, I think that suggestion is a sufficient justification for my Amendment and I ask him, in the light of that suggestion of his own, to reconsider his objection.
I shall not raise the ire of my hon. and learned Friend by making any charge against him of not having read the Bill; but he has not perceived the practical bearing of his Amendment. May I direct his attention to the last three lines of this Sub-section. It does not only affect men in the direct employ of a Government Department; it affects men engaged in any work of national importance, and therefore affects a large number of men. The hon. and learned Gentleman referred to some Departments employing thousands of men, but under these last three lines in some cases it means that there are hundreds of thousands of men affected. Take the Munitions Department, which will have control, so far as the purposes of this Clause are concerned, over all the men employed in all the controlled establishments, and I suppose in the Government Departments as well. I do not know the exact number, but I was told a day or two ago there were about 1,400,000. How many of these may be women I do not know, but I think I am within the mark if I say that probably about 1,000,000 men are in the employ of the Munitions Department in the sense that they are employed by controlled establishments, which are now brought within the purview of this Act. It seems to me that this Sub-section is a corollary of the first line of the first operative Clause of this Bill. That line sets out that "every male British subject who, on 15th August," etc., is deemed to be enrolled under the provisions of the Bill. If my hon. and learned Friend's proposal was carried into operation, every one of this 1,000,000 of men would have to make his own personal application to the local tribunal. Have they not enough work on their hands without adding to it in that way? All it means is that the Department directly concerned—that is, the Munitions Department—shall have the say as to whether or not this 1,000,000 of men are in the Act or out of it. It seems to me that is the proper Department to say whether men should be exempt or not.
Amendment negatived.
I beg to move to leave out the words "in the service or employment of that Department, or to men or classes or bodies of men."
This Amendment is a fair compromise between the contention of my right hon. Friend (Mr. Dickinson), who moved the deletion of the Sub-section altogether, and the position of the Government in retaining the whole of it. If these words are left out, simple service in any Government Department will not exempt a man from serving with the Army. Servants who are necessary in Government Departments will be retained by a declaration, under the second part of this Sub-section, by the Department, that the work in which they are engaged is of national importance. There have been great objections expressed in the Debate to Government servants being exempted as Government servants, and my Amendment is that the words "in the service or employment of that Department" should be left out.
May I ask, on a point of Order, did not the Committee debate this very point at very considerable length—the question whether the servants of Government Departments should be exempted by their heads or not—and we arrived at a decision?
Does the right hon. Gentleman mean the discussion which has just taken place?
No, the first discussion on this Sub-section on the Amendment of my hon. Friend (Mr. Dickinson), which was withdrawn. We discussed it at almost interminable length.
Was not that a Motion that Sub-section (2) should be deleted altogether? Now we have arranged that it shall not be deleted.
I think I can see exactly what the position now is. The discussion on the Motion, that the Sub-section should be left out altogether, ranged over the whole of the questions raised in the Sub-section, and the point which the hon. Member is now making seems to me to have been substantially dealt with in the discussion which has already taken place. If he has any other point of a very special nature to raise in connection with it I will not of course, shut him out. But I will ask him to keep himself very particularly to it.
I bow to your ruling, and I was aware before you gave it that the point had been fully discussed. This is a compromise between the position of the Government and that of my right hon. Friend (Mr. Dickinson), and if you leave out the first qualification—"in the service or employment of any Department"—and if the Government Departments come forward and make a declaration that their employés are needed on work of national importance, under the Sub-section, as it will be, their servants will be entitled to exemption.
This matter was discussed at very great length earlier, and we had speeches from the President of the Local Government Board and myself, and from a large number of hon. Members, and I am sure the Committee will not expect a single word additional from me. The only observation I would make is that the Committee has now been sitting for five hours, and have only passed about two pages of Amendments out of seventeen.
Does the hon. Member desire to withdraw the Amendment?
indicated assent.
Amendment, by leave, withdrawn.
I beg to move, in Sub-section (2), to leave out the words "or to men or classes or bodies of men employed in any work which is certified by the Department to be work of national importance and which comes within the sphere of the Department."
I am extremely anxious to respond to the earnest appeal made by my right hon. Friend. In fact, those of us who are anxious to get the Bill through will not waste any time. I think my right hon. Friend will admit that I have not occupied a great amount of time. I do think—I may be wrong—that the particular point I am going to call the attention of the Committee to is one of more than ordinary importance. At all events, it affects a very considerable number of persons. When I put down this Amendment—
Has this not been very fully discussed in the same manner as the other? Both were discussed.
A discussion ranging as widely as the main discussion did covers all these points, but it is open, of course, to hon. Members to move their Amendments as they appear on the Paper. I am sure the hon. Member will be as brief and concise as possible.
The particular point which I wish to raise was not discussed. In putting down this Amendment, I carefully differentiated between the first part of the Sub-section and the latter part. I anticipated to some extent the position that was taken up by the Government in regard to employés in Government Departments, and I came to the conclusion, as they have come to the conclusion, that so far as those employés were concerned, it was only right and proper that the certificate of exemption should be granted by the Government Department. But the last three lines of the Sub-section introduce a very much wider question. Whatever justification there is—and I think there is justification—for certificates of exemption being granted by the heads of Government Departments to their own employés in those Departments, it requires a very much stronger case to be made out to say that the Government Departments are to give certificates of exemption to employés throughout the country in any work which that Department chooses to think and say is of national importance, and coming within the sphere of the Department. I think the last words are extremely vague, and I hope that my right hon. Friend will tell the Commitee what is meant by the words "within the sphere of the Department." They may have a very broad meaning, or they may have a more narrow one. The sphere of influence of a Department may be very wide. Take the Board of Agriculture. It is clear that every person engaged in every branch of agriculture all over the country comes within the sphere of the Board of Agriculture. Under this particular Sub-section it appears that on the Board of Agriculture will fall the duty of granting certificates of exemption from military service to every person throughout the country employed in agriculture. The same thing will apply in regard to other employés. I think at an earlier stage this afternoon the Home Secretary said that bootmaking was a matter of national importance. It is, and so is horseshoe making. Many other employments may be regarded from some point of view as of national importance. Therefore, if the Sub-section is to be put into the Bill, it really means that so far as all the great trades in this country are concerned, the local tribunals already set up by the Bill are to be wiped aside; they have got no place, because the exemption so far as all these employés are concerned is to be carried out by the Government Departments.
9.0 P.M.
Is a Government Department in a position to give these exemptions? I want to know by what sort of machinery it is to be carried out. The President of the Local Government Board on an earlier Amendment told us that the certificate of exemption has got to be made out in the individual name of each man. It is quite clear that that must be so in order that he as an individual may be free from obligation under the Bill. I can quite understand that a Government Department like the Department of Munitions, or even the Department of Agriculture, should say, as has been said under the Derby scheme, that certain classes of employment and certain classes of men are required in the interest of the country, either for the making of munitions, or for subordinate and dependent industry. But how is the head of a Government Department who, under this Sub-section, is to give the certificate of exemption, to carry out throughout all the country the investigations into the individual cases which, we were assured by the President of the Local Government Board on a former occasion, would be carried out before the exemption would be granted. For instance, there may be some industry connected in a dependent way with the making of munitions. There is, we will say, a large factory engaged in that work somewhere in the North of England, and there are a certain number of employés engaged in a certain process. The Ministry of Munitions says that the process in question is a necessary one, and of national importance, and the work must be carried on, but how is the Minister of Munitions in London to say whether or not the utmost exhaustive attempts have been made to obtain men above military age for doing that work, and whether or not it was impossible to employ female labour in that work? We were told by the President of the Local Government Board that these are the sort of questions which will be put before exemption is granted to an individual. Unless some such investigation as that is carried out, and there is a certain amount of searching inquiry, it is quite clear that a very large number of men may escape their obligations under this Bill, not because they individually are employed in an indispensable way, but because they happen to be engaged in a certain process, which process is indispensable, which is a totally different thing from the indispensability of the individual. Therefore, I wish to press upon the Government not only that this is an important Amendment, but that it is an Amendment which I think we might seriously consider with a view to accepting it. I can assure the right hon. Gentlemen that there has been a great deal of feeling created in the public mind. First of all, by the exemption of the Government Departments themselves. I think the feeling in that respect was unjustifiable, but it will be very much increased if this particular Sub-section remains in the Bill by the feeling that this bureaucratic principle is to be carried on not merely in the Government Departments themselves, but over the whole industries of the country so far as the influence of the Government extends. I do think that, so far as that particular Sub-section is concerned, that the local tribunals ought to be trusted, and that their machinery will be infinitely better for carrying out the process than anything that can be done by the Government Departments themselves.
I rise in order to save the time of the Committee. I do not wish to move the Amendment standing in my name, which comes a little later on, but which deals with the same point as has been raised by the hon. Member opposite. I want to ask the Home Secretary for a statement as to the meaning of the words "and which comes within the sphere of the Department." I am not criticising the Bill as it stands: I only want to understand it. I think that we ought to understand the meaning of this very wide and very vague phrase. As I read it, it appears to me that any Government Department will have the power to give exemption to vague bodies of working people who are not directly employed by that Department. I do not complain of that; I am for exemption from this Bill. I do not wish to conceal my view, and if the Government Departments have this power, and if these words give them this power, I shall very strongly support the Bill as it stands, but we are all entitled to understand what the Bill does. The Home Secretary, I believe, is replying on this point. I want to know whether these words give the Home Secretary the power to exempt from the operations of the Bill the whole of the miners of this country. I suggest that the Home Secretary has the power under this portion of the Bill to exempt the whole of the coal miners of the country, and that these words give the President of the Board of Trade the power to exempt the whole of the railwaymen of the country. I might give numerous other illustrations. I do not complain of them having that power; I rejoice that they should have that power, but we are entitled to have the matter clearly stated.
The hon. and learned Member's Amendment raises a point of considerable substance, which is of far greater importance than the one on which the Committee spent so much time a little earlier in its discussion of this Sub-section. We are all animated by one desire, those of us at all events who favour the principle of this Bill, namely, that it should be brought into operation as smoothly and as speedily as may be. It is a matter of common agreement that besides individual cases of men which have to be considered when the Act comes into operation, there are very large classes of men who, because they belong to certain industries, must necessarily be kept employed in those industries, and not be swept into the Army. There are all the miners working below ground, who have been mentioned by my hon. Friend who has just spoken, all the merchant seamen, all the workmen in munition factories, and all the railwaymen, and although certain exceptions may be made in those classes, although the cases of certain individuals have to be reviewed, no doubt to see whether they are really entitled to exemption or not, the fact remains that there are many hundreds of thousands of men who ought to be exempted under this Act. The question is whether the right way of dealing with these large bodies of men is that each individual should come before the local tribunal or whether there is not some more simple and expeditious manner of dealing with their case. Under the Derby scheme the cases are dealt with in bulk, and after very careful consideration an agreement has been arrived at between Lord Derby and the Departments interested in these industries by which the Departments make an arrangement for the exemption wholesale of the men who are employed in these industries. What is meant by the words "within the sphere of the Department," is that it will be the duty of the Ministry of Munitions to look after all industries relating to the production of munitions, that it will be the duty of the Board of Trade to look after the case of the merchant seamen and the railwaymen, and the duty of the Home Office to look after the miners; and there may be some other cases.
Who looks after the factories?
You cannot say definitely of factories that they must be exempted. They must be dealt with industry by industry. The Home Office undoubtedly has to administer the Factory Acts, but it is not concerned with factories as industries. You cannot deal with factories as a whole. You must deal with factories as industries, and indeed with each particular factory. In these particular industries which I have mentioned, clearly it would be a very un-businesslike proceeding to require each railwayman to go before the local tribunal and say, "I am a railwayman and require exemption." The simple means of dealing with the matter is by the Government Department concerned giving a general exemption to certain classes or bodies of men within its own sphere. The term "sphere" of a Government Department is, of course, a vague term, but it is difficult to find any other term which really expresses the purpose of the Sub-section. It is difficult to find any more precise term which would be neither too wide nor too narrow. Consequently this phrase has been employed, and the Ministers in charge of the Departments who will be here will be responsible for the proper administration of the powers conferred on them. Moreover, in every case they must act after consultation with the War Office. The hon. and learned Member asked by what machinery can this power be effectively exercised. The machinery differs according to the particular case. For instance, under the Derby scheme the Home Office has, with the approval of the War Office, declared certain classes—in fact, all underground miners—to be exempt from enlistment. In every coalfield there has been established a special industries tribunal with the mines inspector, or the deputy mines inspector in the chair, and one representative of the employer and one representative of the men, and there is a central appeal tribunal in London. These twenty-three local tribunals, with the central one in London, deal, with the approval of all classes employed in the mining industry, with the individual cases, and decide whether or not individual men do or do not come within the categories laid down by the Home Office.
How does the local tribunal, which the right hon. Gentleman speaks about, differ from the local tribunals set up under the Bill? If the machinery which he described is feasible for giving a certificate, why should it not be feasible under this Bill?
It does not cover a geographical area. It covers the area of an industry. Instead of each man having to go to a local tribunal in the urban or rural district in which he lives, while another man working in the same mine has to go to another tribunal, they all go to the tribunal of the coal-field in which they work, which deals with a long list of men whose cases have to be considered. The Board of Trade deal with the merchant seamen by means of their shipping offices throughout the country, and instead of men being required to go to a local tribunal they are dealt with more effectively by the tribunal to which they are accustomed to resort. The Ministry of Munitions have their own machinery. In the same way with regard to agriculture and certain other industries the Board of Agriculture have laid down, with the concurrence of the War Office, certain classes of persons who ought to be starred. No doubt they will lay down similar rules after the Bill has passed with regard to those who ought to be exempted from compulsion. Individual cases may frequently be dealt with conveniently by the local tribunal, and I would draw the attention of the Committee to an Amendment which is down on behalf of the Government by the President of the Local Government Board on page 22 of the Paper—
"Where a certificate is granted by a Government Department to a class or body of men, Regulations with respect to the constitution and procedure of local tribunals may provide for the grant of individual certificates to men belonging to that body or class by local tribunals in such cases and subject to such provisions as may be prescribed by the Regulations."
The hon. Member's desire is fulfilled, and there you have a safe and suitable procedure such as exists in the industries to which I have referred, the shipping industry and some other industries, and these local tribunals will be brought in and apply the rules laid down by the Government Department as a whole. This is a far more expeditious and businesslike way of dealing with this large problem than referring each case to the local tribunal. Seeing that the Bill is the result of long consideration and conference between the War Office and the Departments concerned, I trust that it will receive the approval of the Committee.
The right hon. Gentleman spoke just now as if there was an agreement with Lord Derby on this point. Lord Derby has very strongly criticised this very arrangement going on now, and it is a point to which, according to his Report, he earnestly asked the Government to give consideration. He said that he observed that it was increasing, and had produced an unsatisfactory state of affairs. If the right hon. Gentleman assures me that Lord Derby is now satisfied, then I am satisfied.
With regard to what the right hon. Gentleman has said—of course I am not going to press this Amendment under the circumstances—I believe that a great deal of disappointment will be caused outside when the effect of this Sub-section comes to be understood. The right hon. Gentleman has told us that this Bill must not merely set up the local tribunal with which we have been dealing, but a different sort of local tribunal, and the distinction is one which I do not quite understand—local tribunals dealing with trades or industries and not with geographical areas. The great difference is this, that we have been led to expect that something like a judicial mind would be brought to bear upon the question whether a man ought or ought not to be exempted from military service by the local tribunal. The tribunals of which the right hon. Gentleman spoke will deal with miners, the shipping industry, and so forth. These are tribunals which are not outside the trades or industries concerned and which are not judicial; consequently, when the question comes to be considered, whether A, B or C ought to be exempt from military service, the question which ought to be searchingly put to the employer whether he had done his best to obtain a substitute either by employing a female or a man over military age, as would be done by impartial tribunals outside the area of the trade or industry concerned, cannot be expected from such tribunals as the right hon. Gentleman has just been speaking of. I say, with disappointment, that, so far as the whole of the industries of this country are concerned, in regard to an impartial review of individual claims to exemption on the ground of national service outside the Army, over the whole of that great area of industry, owing to the Sub-section and the interpretation now put upon it by the right hon. Gentleman, we shall not have that impartial tribunal which we have been expecting, and which I think would make a very much more valuable Bill. I regret to say that action of the Government in insisting upon maintaining this Sub-section in the Bill very seriously impairs whatever value the Bill might have retained after the concessions which have already been made.
After the explanation which we have received from the right hon. Gentleman, it is clear that the powers of the Government Departments are greatly increased in matters in which this House is very closely and intimately interested There are two questions I want to ask. One is with regard to exemption of workmen as individuals, and the other the exemptions of large bodies of workmen, such as miners, and other groups of workmen. Another point is that it would seem to me a very important matter that Parliament ought to come into this somewhere. Would it not be competent by Order in Council, issued by the Treasury, or any Department, for this House to take part in the administration of the Bill, so that in cases of exemption its opinion, where necessary, might be obtained? The Home Secretary said that the House has control over all that is done. I do not see how the House has any control over any part of the proceedings, and I would suggest that the procedure might be so arranged that this House would have an opportunity to review what has been done. I would particularly like to know, with regard to exemption from military service, whether opportunity will be given to individuals to claim, and how many trades or industries like that of the miners are to be dealt with?
Of course, it is necessary that every workman seeking exemption from military service should have an opportunity, individually, of having his claim for that exemption investigated, and the mere fact that it is dealt with by a central authority does not in the least mean that every individual workman may not have his application considered. In regard to the power given to the Departments, surely it is not to be presumed that the heads of those Departments will be in any way desirous of unnecessarily swelling the number of exemptions and of reducing the number of men available for the Army, or that they will administer the Bill in other than a reasonable manner.
In regard to this Amendment—[Interruption]. It is all very well for hon. Gentlemen below the Gangway opposite, who for the last two or three days have brought forward all sorts of Amendments designed to whittle down the Bill, and have supported those Amendments by most obstructive tactics—[HON. MEMBERS: "Oh, oh!"]—to object to my taking part in this discussion; but I have not spoken at all to-day, and I have only spoken in the Committee stage for about five minutes altogether. I certainly object to the Departments having these powers. A great deal too much power is given to the Departments already. I was sorry I was not here earlier to-day. Had I been, I should have objected to the Departments being put in a position different from that of other people. The ordinary person has to apply to the local tribunal. Why should a particular class of men have the power to go to a Department, and ask that Department to exclude them from the purview of the Bill?
The fact that the rejection of this Amendment is supported by hon. Members below the Gangway opposite makes me all the more suspicious of it, because their endeavours have not been to strengthen the Bill, but to weaken it. I object to a different sort of tribunal being employed for these people than for anybody else. The Bill is a Bill which includes everybody, and it is a Bill which ought to compel everybody who desires to be exempted to go before the same tribunal. I do not know what my hon. Friends intend to do, but I should like to divide the Committee on it. I have seen with great sorrow that during the whole of yesterday and to-day the Government have done nothing but accept Amendments from the other side of the Committee, and the Amendments have been all in the direction of whittling down the Bill. The Bill was bad enough when it was first introduced, and has become very little better than a farce. I should certainly have very great pleasure in dividing and in supporting the Amendment.
Question put, "That the words of the Sub-section down to the word 'or' ['or to men'] stand part of the Clause."
The Committee divided: Ayes, 238; Noes, 24.
I beg to move, in Subsection (2), after the word "or" ["or to men"], to insert the words "in cases where it appears to a Department that certificates can be more conveniently granted by the Department than by the local tribunal."
This is the first of three Amendments standing in the name of my right hon. Friend (Mr. Long) which may do a little to allay some of the apprehensions which have been expressed by my hon. Friends. As far as it goes, this Amendment has the effect of diminishing the area of choice within which the Department can work; in other words, it prescribes a limit to the Department, so that they can only intervene in cases where the Department is of opinion that they can more conveniently grant certificates than the local tribunal. The second Amendment is purely grammatical. The meaning of the third Amendment [after the word "employed," to insert the words "or engaged or qualified for employment or engagement"] is, I think, apparent. It is evident that there are many persons engaged in work of national importance who are so engaged quite independently of any employer. The latter words of the Amendment cover the case of skilled workmen who, although not actually at the moment engaged or employed on work of national importance, are qualified to be so engaged or employed. Thousands of such cases are to be found in the men highly qualified in munition work who enlisted in the Army and were sent to France, and have had to be brought back at great expense in order to take part in munition work. The Amendment, coupled with the Amendment which prevents a person from being called up for military service until a month after his certificate expires, will provide a wholly adequate protection for a workman thrown out of work through no fault of his own.
Amendment agreed to.
Further Amendment made: After the word "men" ["bodies of men"], insert the words "who are."—[ Sir F. Smith. ]
I beg to move, in Sub-section (2), after the word "employed," to insert the words "or engaged or qualified for employment or engagement."
I beg to move, as an Amendment to the proposed Amendment, after the word "for," to insert the words "and desiring to accept."
I think the proposal contained in the Amendment as moved by the Attorney-General may in its actual effects be extremely important. In the earlier part of this Sub-section we have been dealing with men or bodies of men actually in the employment of Government Departments. In this Amendment it is proposed to bring within the scope of the Sub-section men or bodies of men not at present in the employment of any Government Department, but who may be qualified for work in such a Department. It seems to me that unless we have some qualifying words making the use of this power subject to the consent of the workers qualified for that employment to be so employed, you may have, quite unintentionally but in effect very really, some measure of industrial coercion or compulsion. Under the proposed Amendment it might obviously be possible for a Minister in control of a Government Department to bring within the scope of his Department bodies of men who are now entirely outside his control, and their exemption in the light of a subsequent Sub-section of this Clause might be made conditional on their accepting work in his Department. I therefore propose to amend the proposed Amendment in the way I have suggested.
I really think there is no foundation for the apprehension entertained by my hon. Friend. As I understand, he is apprehensive that persons may be brought within the scope of the Clause, as enlarged by the Government Amendment, against their will. There is no ground for that apprehension at all. I cannot help thinking that if the words the hon. Member desires were inserted in the Clause, that they would work out in a way he does not anticipate. We have added these words in broad, general terms, so as to protect the position of the man who is specified. Any criticism that there may be, I should suppose, would be that they are rather too wide than too narrow. I should suggest to the hon. Member that it would be better to raise his point later.
I am glad to accept the assurance of the right hon. and learned Gentleman. I only wanted as far as possible to avoid the danger that suggested itself.
Amendment to the proposed Amendment, by leave, withdrawn.
The words which are now proposed to be added to the Sub-section, in my judgment, leave it not in a better but a worse position than before. It brings into the scope and power of the Government Departments a large and undefined section of men in the country. The Attorney-General has said that the necessity for these words arises from the experience that we have already had in regard to skilled workers who have enlisted in the Army and who have been brought back to work in this country. We all understand that there has been that effect arising from past mistakes, but I want to ask, Is it really true that at the present time there is any substantial unemployment of skilled workers? From what we have heard from the Minister of Munitions and other sources there is an enormous demand, which at the present time cannot be supplied, for skilled workers in the great trades which are of importance in the present War. We have to provide in this Bill against the possibility of losing men who must be employed, but who may be qualified for employment in munitions work, and other similar works. That leads me to ask what is meant by the words "qualified for"? Are these words really confined to men who in the technical sense of the word are skilled workers? If they have that meaning my objection does not go very far, but I am not quite certain that the meaning given to these words in this Clause does not go further than that. There are a great many works of all sorts in this country which are of national importance where a great many workers employed are not skilled workers in any sense of the word. There may be a certain number of those workers: but lately we have heard a good deal about the dilution of labour. When that is carried out in all these important firms which are of national importance within the meaning of this Sub-section it will be found that many of these people are not skilled workers, but are qualified for work of this description. All I want to know is, Is it the intention, or even if it is not their intention, may it not be the effect of this Clause in its present form, to give power of exemption from military service to an indeterminate body or people who are not skilled workers, but who within the meaning of the terms of this Clause may be said to be qualified for work of national importance?
I have listened to the criticisms which have been put forward, and in doing so I have very much hoped that those who have spoken could have had the advantage of the discussions in the Cabinet and in the Committees which we have set up as to the reasons for these various Amendments to the Bill. If hon. Members had had that advantage, I am quite sure a great many of the speeches that have been made would not have been made, and even the Division would not have taken place. The real reason why so much latitude is given to these different Departments is that so far as the Government can see, unless you give that latitude, there is absolutely no hope of getting the Bill into working order in anything like a reasonable time. The latitude is not of such a dangerous kind as hon. Members imagine. It amounts to this: the Minister of Munitions has constantly pointed out to us how certain classes of men have enlisted in the Army and have had to be brought back because they would be more useful in the munitions factories. Yet it is almost impossible in many cases to get the men back. The men themselves feel when they are at the front that it is like cowardice to come back, and also that by staying there they may induce their friends to go. The object of this Sub-section is to enable the Government Departments to secure that the men they want at home shall remain at home, and if they are not at the moment employed that they shall be made available. Since so much has been said by my hon. Friends opposite, I would like, if I may, to point out the difficulty of the whole thing. This Sub-section is simply in for the purpose practically of starring men in much the same fashion, though in general terms, as was done under the Derby scheme. I am not sure whether I am going beyond the Amendment, Mr. Whitley, but it may be useful to remind the House that Lord Derby was not satisfied that a good many men who were starred should have been starred. We feel there are men now engaged in doing work whose places could be taken, and I am sure neither the Labour Members nor anybody else would say anything to the contrary. It is quite possible that some who are starred and working in Government Departments will afterwards be brought into the ranks. In that case they will have the opportunity—the same as anyone else—to go to the tribunals, and endeavour, if they so desire, to make good their claim to be exempted. I hope that this explanation will satisfy my hon. Friends opposite, that we really are trying to make this a workable measure in a reasonable time, and that some provision of this kind was necessary.
Amendment agreed to.
Further Amendment made: In Subsection (2), leave out the word "which" ["which comes within the sphere"], and insert instead thereof the words "whose exemption."—[ Sir F. Smith. ]
I beg to move, in Subsection (2), after the word "Department" ["within the sphere of the Department"], to insert the words "and such certificate of exemption granted under this Section shall apply to all the men commonly following the occupation therein specified irrespective of whether they are at any moment actually engaged under any contract of service or not."
The object of this Amendment is to cover the case of men such as ship repairers. The work is taken on by contract and may last three or four days, a week, or a fortnight, and then the men may become idle for a week or a fortnight, and we think in cases such as this they should not be subject to be called up, but ought to be exempted. That is the sole object of the Amendment, and I hope the Government will accept it. They promised to consider cases like this and similar cases, as they realised the strength of the case put forward.
My right hon. Friend who was to have dealt with this is not here, but, so far as I understand, the object of the hon. Gentleman is one with which everyone will agree ought to be carried out, but I do not think there is the smallest need for this Amendment. What the hon. Gentleman fears is that a man who is on a job to-day may get out of employment and in the meantime be taken under this Bill. But six weeks must elapse before a man can be called into the service, and that surely covers the hon. Member's point.
If I get an assurance that the point is covered, I am perfectly willing to ask leave to withdraw.
Amendment, by leave, withdrawn.
The following Amendment stood in the name of Mr. King: In Sub-section (2), leave out the words "person or" ["whether any person or body of persons"].
I was rather struck with the expression "person or body of persons is to be treated as a Government Department," but it has been pointed out to me that there might be cases, as, for instance, in the case of the Public Trustee, where it would be very doubtful whether it would not be much better to treat an individual person as really equivalent to a Government Department. If that is the intention I do not need to Move.
Further Amendment made: In Sub-section (2) leave out the word "work" [whether any work comes within the sphere"] and insert instead thereof the word "exemption."—[Sir F. Smith. ]
I beg to move, in Sub-section (2), to leave out the words "the Treasury, and the decision of the Treasury," and to insert instead thereof the words "a committee of seven Members of the House of Commons, to be appointed by Mr. Speaker."
I raise this point because it seems to me a curious idea that where Government Departments are engaged in disputing among themselves as to what men should be exempted, the matter should be referred to what is, after all, only another Government Department. It seems to me it would be better to have it referred to some independent tribunal of the House of Commons rather than to other permanent officials.
10.0 P.M.
I do not think this machinery would be less cumbrous than that proposed. I can quite understand the desire of the hon. Member that the House of Commons should have a larger share in the conduct of the War, and I am sure we all desire that that should be so wherever possible; but I must say the Treasury has always been regarded in every Act of Parliament as the Department which should settle such things. I need only point out that the First Lord of the Treasury is the Prime Minister.
Amendment negatived.
I beg to move, at the end of Sub-section (2), to insert the words,
"Where a certificate is granted by a Government Department to a class or body of men, regulations with respect to the constitution and procedure of local tribunals may provide for the grant of individual certificates to men belonging to that body or class by local tribunals in such cases and subject to such provisions as may be prescribed by the regulations."
This Amendment is simply machinery, but it answers a point I have already attempted to answer, which was raised by the right hon. Gentleman the Member for Islington.
Amendment agreed to.
I beg to move, at the beginning of Sub-section (3) to insert the words,
"Every certificate granted on the ground of such conscientious objection as is set out in paragraph (d)of Subsection (1) of this Section shall be absolute, but may take the form of an exemption from combatant service only."
We now come to a very important Subsection, which provides that a certificate of exemption may be in all cases absolute, conditional or temporary, and the proposal I have to put before the Committee is that in cases of conscientious objection the certificate of exemption should be absolute. My object is clearly this: that once having settled the question of conscientious objection, it ought to be settled once and for all, and it is very undesirable to have the case occurring of a conscientious objector being told, "Well, we will give you a certificate of exemption on the ground of your conscientious objection, but you must come up again in six weeks. Meanwhile, possibly a tract might be given to him, and he is told to peruse it, or some condition of a more or less arbitrary character might be given to the man, and the question of a conscientious objection, which is after all a profession, and I think we may say of a permanent nature—[HON. MEMBERS: "No!"] I believe at this stage of the War, when this War has already lasted eighteen months, those who have formed and have now conscientious objections would not be likely to alter their opinions. In any case, whether they would be or not, I think we must all consider that it is desirable that the tribunals should attempt in no way to take the part or act in the position of persons trying to convert a man in respect of his opinions. My Amendment brings the Act into line with the words which have already been accepted, and I hope that I have said enough to make my point clear. I am quite certain that my argument is sound, and the only argument I can imagine against it is that a man might have his views changed by pressure or conversion of one kind or another.
My hon. Friend's argument is so sound that his Amendment is quite unnecessary. I think we must give some credit for common sense to the people who are going to work this Act, and I hope the hon. Member will feel that these words are really unnecessary.
Question, "That those words be there inserted," put, and negatived.
I beg to move, in Sub-section (3), to leave out the word "may" ["may be absolute"], and to insert instead thereof the word "shall."
I should like on this Amendment to raise the whole question whether industrial conscription is or is not in this Bill, and it will save a great deal of time if we are allowed a fair degree of scope to raise the whole of this issue, because it will prevent a similar discussion on the following paragraph. I claim that this page of the Bill is certainly industrial compulsion from first to last, and unless it is substantially modified industrial compulsion is undoubtedly inside the Bill. I shall say first of all what I think ought to be done in this matter if industrial compulsion is to be left out. I think that workpeople will have to run the gauntlet of these tribunals that are going to decide whether they are required as soldiers or workpeople, but, having run the gauntlet of those tribunals, and those tribunals having said that the workpeople are required as workers and must go back to the factories, the exemption should be absolute, and that tribunal should have no more control over those men. Unless you do that I do not believe that you can keep industrial compulsion out of this Bill. This is a Bill to redeem a pledge given by the Prime Minister, and I know that is not entirely an original remark, but it is nevertheless one that governs a great many of these discussions. If these workers come before a tribunal, and that tribunal decides whether they are needed as soldiers or as workmen, and if they go back as workmen, the Prime Minister's pledge has been absolutely redeemed, and there is no longer any need that these tribunals should have power over the workpeople.
We have been told, both by the Prime Minister and the Colonial Secretary, that it is not the intention of the Government that there should be industrial compulsion with regard to this measure. I accept that assurance, but we have to remember that the moment this Bill becomes law the administration of it is going to pass from the hands of this House into the hands of the local tribunals. I would remind my trades union colleagues here that when this House agreed to the Munitions Act a good many things arose in regard to the administration of that Act that were never counted upon and were never foreseen when that Act was going through the House of Commons. Intentions were not enough, and we want to know definitely whether industrial compulsion is inside this Bill or not. I claim that the Subsection (3), with which I am immediately concerned, enormously increases industrial power over the workpeople and over a large number of workpeople many of whom are already suspicious and resentful; they have been made suspicious and resentful by the working of the original Munitions Act, and their fears have been justified to this extent, that this House has been compelled to modify the provisions of that Act because they pressed upon the workpeople.
It says in this Sub-section that the certificate of exemption may be conditional. What are the conditions upon which the certificate of exemption is going to be granted? As far as I can see these local tribunals get no guidance as to the conditions in which they are going to grant certificates of exemption. The local tribunals are told that they may grant a conditional exemption, and as far as I can see the conditions may be practically anything that they care to impose. The Colonial Secretary introduced an Amendment yesterday to which we all agreed, because, on the face of it, it was quite innocent and innocuous, and it was to the effect that an application for exemption might be made on the ground that the workman is engaged already on work of vital importance or is willing to undertake such work. I can picture that workman coming before a local tribunal, and they say to him, "Are you willing or prepared" to do this work?" Probably it is not the work upon which the man is now engaged, and they may ask him, "Are you willing to do some other work" The man knows that upon his answer will depend whether he is going to be a soldier or not, and I say that that is industrial compulsion, because, although the form of the question is a perfectly innocent one, if the man knows that upon his answer depends whether he is going to be a soldier or not I say that that is industrial compulsion. I say that in country districts where these local tribunals are set up, if a farmer is requiring a labourer, the local tribunal could say to a man, "Are you willing to be a labourer to Farmer Jones?" and upon his answer will depend whether he is to go to the trenches or whether he is to become a labourer to Farmer Jones. These exemptions can be temporary. That means, as far as I can see, that the tribunal can say, "We are going to exempt you from military service for two months, and you can go back to the workshop for those two months." If he does go back to the workshop under these conditions he is working all the time in the knowledge that at the end of the time the military authorities may swoop down upon him. He is working all the time under semi-military awe. The military arm is waiting for him at any moment. If it is not, we can easily settle it by getting "temporary" struck out altogether, and making the Clause read in the sense that I desire. The Colonial Secretary said yesterday, in regard to the possibility of employers using this power for the dismissal of workmen, that there was no danger of wholesale dismissals, because employers were requiring more labour than they can at present get. I do not think that there is the slightest danger of wholesale victimisation; there will be, in fact, when this Bill becomes law, rather a panic among employers with regard to the supply of labour. We never believed that there could be wholesale victimisation under this law, but we did think that there might be victimisation of special workpeople, and that victimisation might be used to cow and frighten other workpeople. That is all we believed in regard to that matter, but that in itself is very important.
Hon. Members may believe that we are trying to produce a case that has no reality. I face that, but I say that you have got to be exceedingly careful in this matter now, because even in regard to the ordinary operation of the law you are not going to avoid danger. Take the case of a large factory with 100 single men of military age employed. The employer knows that he has got to part with some of them, say, with twenty. Who is going to decide the twenty out of that 100 who are going to go? It is the employer who is going to decide. The right hon. Gentleman hinted that the employer would naturally be able to tell the local tribunal which of his men were indispensable and which were not indispensable. It is inevitable that the employer must decide, and the moment you begin to get employers picking out workpeople who, from trade unionist or any other standpoint, have been disagreeable to them, then you are going to have discontent inside the workshops and factories. The Bill as it stands means that if a workman, after he has got a certificate of exemption, changes the nature of his employment without notifying the local tribunal he is subject to a fine not exceeding £50. Is not that retaining a very large measure of control over the exempted workman? Then if any workman fails to comply with any condition imposed upon him by the local tribunal, his failure to comply with that condition makes him a soldier. He is deemed to be a soldier because he has failed to comply with some condition imposed upon him in regard to his certificate of exemption. These conditions are absolutely unspecified. I say it offers a very wide and dangerous power which, so far as we are concerned, we are not prepared to confer on these local tribunals. We will challenge it in this House. The administration passes from the House of Commons to the local tribunals. That is an important point. We have on the Front Bench, in charge of this Bill—particularly in the persons of the President of the Local Government Board and of the Colonial Secretary—very straightforward, fair-minded men. I never fail to say what I think, even if the compliment is not relished. I am never afraid to say when I believe my opponent is honest and straightforward. Straight forwardness, frankness, and honesty are none too common among politicians, and least of all among those on the Front Bench.
I ask what will be the composition of many of these local tribunals? I say that composition is a matter of enormous importance. What representation are workmen to have upon them? They will have practically no representatives. The tribunals which have already been set up under the Derby scheme are distrusted by the working people, because they say they are manned by people who are always hostile to their classes. I say that the six weeks' provision which is promised is not in the least an adequate safeguard against the industrial difficulty. What we ask for is this: when a workman has run the gauntlet of the tribunal, then he should go back into the factory, and not be half-way in and half-way out. He should be either in or out, and if you are going to give him a certificate of exemption we propose, by our Amendment, that that exemption shall be absolute, and not temporary or conditional. One objection which has been brought forward to our proposal is, I venture to say, simply a bogey. It is this: You grant exemption to a man on the ground that he is doing vital work for the nation, but you are assuming, apparently, that when he has got that exemption he will suddenly turn to some other work which is not vital. A man may get exemption on the ground that he is an engineer and engineering is vital work. He may then, it is suggested, suddenly become a gamekeeper, and gamekeeping is not vital work. I say that that objection is a bogey, and it is a thing which is not going to happen. So far as the workers are concerned, if you are going to defend the Bill on that ground I say your exemptions are* going to do you no good. You are putting-something into this Bill which is not a necessary part of the structure; it will simply arouse great suspicion and distrust among the working people, and will damage very much indeed the Bill now before the House.
I take it from the hon. Member's speech that this and his next Amendment are part and the same thing.
Yes.
I must say this for the hon. Member, that I am grateful to him for the brevity with which he has stated his case. Before dealing with his Amendment, which is quite plain—it is simply this: once exempted, always exempted—I should like to say to him that my right hon. Friend and I felt flattered by the reference he was good enough to make to us. He indicated that a time was coming when other people might occupy our positions who might be worse. I have heard so much said against the Coalition Government that I wondered if that was an indication of what might happen if it came to an end. As I say, I was flattered, but flattery did not make me lose my head altogether, for my hon. Friend immediately proceeded to say that politicians, and politicians particularly on the Government Front Bench, did not have too much honesty. Therefore, I think the honesty we possess is relevant, although, perhaps, it does not carry us very far. The case which the hon. Member made can be made to seem very important if you are dealing with people who do not know the terms of the Bill to begin with very closely, and who are afraid and can be made to think that something is intended to be carried out which is quite different from what the actual facts are. The first point I put to the hon. Member is that while he has dwelt altogether on this, as I think, imaginary industrial compulsion, he has left out of account the effect his Amendment would have upon the whole structure of the Bill, and indeed upon every effort we make to get men to carry on the War. Think of what it means. An exemption is given to a man, not for the man's good—we all admit that—it is given to him because of the services he is rendering to the State. Suppose the War lasts for two years. It has already lasted eighteen months. Is a man who at one particular moment was rendering service to the State, but who has ceased to render that service, for ever to be exempt and never be called upon to render other service?
I am going to speak quite frankly to hon. Members below the Gangway. I have been told by some labour leaders that to their certain knowledge there are young men who have gone into trades which are starred and in which they are exempt, since there was a danger of their being compelled to serve, and they have gone for the express purpose of avoiding service which we all recognise as a national duty. Would hon. Members say, admitting the principle of the Bill—we must argue in Committee on the principle of the Bill—that men of that kind, if they are no longer doing service which is required for the State, should be exempted, while their fellows all over the country are being called upon to serve? I do not think anyone will make that contention. He dwelt very largely upon the danger which there would be of pressure being put by the employers. He said, in a phrase which I thought was unduly strong, that a man who was given a certificate of exemption which could some day be taken away from him was living under the shadows of military law. He may be under the shadow of military law, but it is a shadow which the military can never enforce. It must be enforced by civil authority, and I do not think anyone would recognise that as under the shadow of military authority.
He said also, and I think this was largely in his mind, that the local tribunal may be biassed, that they may wish to put pressure on particular men, and would use the power which they had for that purpose. He admitted quite frankly, as I am sure everyone would admit, that employers as a class are not likely to do it, but he feared that particular employers might do it to particular men. If employers had the power there would be something in his contention, but they have not. It is the local tribunal. His fear was that the local tribunal might be under the thumb, in industrial centres, perhaps, of the employers in the ordinary sense of the term, and in rural districts of the farmers. He has to remember that there is an appeal from these local tribunals in every case, and in addition, not necessarily, but probably, in a case of this kind, in the working of this Act there will be regulations. I am perfectly certain that to anyone representing the class for "whom the hon. Member speaks, who looks at the case fairly, the possibility of that danger in itself is very remote with the safeguards which have been introduced. He is candid enough to tell us we had attempted to go a considerable way to meet the case. I am sorry he thinks we have gone such a short distance. That is one of the difficulties the Government have in this Bill. I was afraid I should be told that by that concession and others we had thrown away the whole value of the Bill, and now the hon. Gentleman tells me we have given nothing. It is rather difficult under these circumstances to carry a Bill through the House. But, as a matter of fact, we did give a great deal. One of the dangers which they feared was that they would lose the certificate of exemption unless they were actually in employment at the time. By our Amendment we gave the tribunals power to deal with a man because of his qualifications of service, and, in addition, supposing a man was driven out of his employment because he had been an agitator, he has six weeks in which to try to find other employment. But that does not end his safeguards. Let us assume all these evils are going to happen and there is going to be a conspiracy against him under these conditions. Even then, before he loses his certificate, he has a right to go to the appeal tribunal. I feel perfectly certain that if the mass of the workmen of this country understood what the Bill is and how it will work they would not have the smallest fear under existing conditions that there will be the slightest danger of industrial compulsion in any shape or form as the result of it. The whole justification of this Bill is the necessity for it, and I ask hon. Members, both my hon. Friends opposite who have, I think, shown themselves rather too ready in some cases to criticise us in the difficult task which we are now trying to get through, and hon. Gentlemen below the Gangway who criticise us from the other side, to remember that we are in the midst of the most difficult position in which this country has ever stood. Though I have always been sanguine, and still believe in the long run, unless we fail ourselves, there can be no doubt of the result, but we never were in a position as a nation of danger so great as this, and I think it is not too much to ask every section of the population who are determined that our country shall win through in this war not lightly to thwart us in our efforts.
I wish to express my own recognition of the sincere desire of the right hon. Gentleman to meet the case which has been put by the hon. Member for Attercliffe (Mr. Anderson) and on other occasions by other hon. Members. With regard to the appeal with which his speech concluded, I would say that, so far as the majority of those who are raising this point are concerned, it is because we realise the seriousness and the gravity of the situation that we are oppressed with anxiety that nothing should be done, either in this Bill or in any other Bill, to create discontent or irritation in the minds of the industrial classes of this country, because we believe that by creating a state of discontent and a state of irritation we should be doing more to injure the chances of this country in winning the War than almost anything else could do. It is because of that desire and that anxiety that we seek now to remove misconceptions, to some extent prejudices and suspicion, by having the provisions in the Bill put in a position of absolute certainty, so that no man employed in this country to whom the Bill may apply need have any fear that its terms will be used by anybody to his prejudice. The Government have made certain concessions. I agree that the Amendment which was proposed last night is important. I also agree that the Amendment which the Government are going to propose on Clause 3 does offer an additional safeguard, but at the same time I am extremely sorry to say that I do not think it gives the security which ought to be given, and which I think the right hon. Gentleman himself would be anxious to give. My right hon. Friend said that if other labour leaders went round the country and repeated this Bill as the hon. Member for Attercliffe represented it, that you would have this suspicion. But this suspicion already exists. That is an unfortunate fact. It is a disastrous legacy of the Munitions Act. I remember when the Munitions Act was passing through this House there was very little opportunity given on the Committee stage or the Report stage to consider what the effects of its provisions would be upon the status of the industrial classes, and it is precisely that circumstance which has had the unfortunate consequences which we now all deplore. We have to remember that the Colonial Secretary and the President of the Local Government Board are not the only members of the Government with whom we have to reckon. It is not only the Munitions Act which has created this atmosphere. It is also certain speeches delivered by the most powerful member of the Government, the Minister of Munitions. So far back as June last the Minister of Munitions made a speech in Manchester in which he said that he was a convert to compulsion. He said:—
"We do not want it for the Army, but I want it for labour."
That statement has sunk deep into the minds of the working classes in this country. That is not an isolated expression. Only a few weeks ago we were discussing a measure in reference to the Munitions Act, a Bill which was pressed upon us as a matter of emergency because we were told that we could not get big guns unless it got through before the Christmas holidays, though it is only this week that it has got through the House of Lords, and the Lords Amendments have not yet reached us. Professions of this kind which are now proved to be wrong make us mistrust the professions which are now made. On the Second Reading of that Bill I raised the question of abolishing altogether the penal, restrictive—
On a point of Order. Has this anything to say to the Amendment under discussion?
I think that, provided that it is not over-elaborated, it may. It is not merely the actual words put from the Chair, but there is a series of Amendments on the point.
The effect of the provision must be taken in conjunction with restrictions actually in operation under the Munitions Act, and the Government themselves have recognised that by introducing the period of six weeks, so that the Munitions Act is absolutely relevant to the question which we are now discussing. I have only one reference to that Second Reading. An appeal was then made to get rid of all these penalties, and the Minister of Munitions once more reiterated his belief in the necessity of compulsion. It is with that in our minds that we come to discuss this Bill. I believe that the majority of the Government in dealing with this Bill had no idea of dealing with anything else but the requirements of the military situation. They believed, as they put it to the House, that it was necessary to get the unmarried men who had not attested under the Derby scheme so as to get the married men who had attested on the faith of the Prime Minister's pledge. But it was unnecessary, in order to obtain the military services of these men, to affect in any way the industrial status of any section of the community We are seeking now to prevent in this Bill any of these ulterior effects upon the industrial status of the working men. My right hon. Friend says that this Bill is now for one particular moment; that because a man has exemption at one particular moment he should not have exemption for all time. But it is the position of men at one particular moment which determines the fulfilment of the Prime Minister's pledge. At this moment at the time that the Bill is passing the only question is how many men are entitled to exemption, and you have to calculate the men who are entitled to exemption for the purpose of fulfilling that pledge now.
We have had a very similar question raised in respect of the men who subsequently attain the age of eighteen. It was very powerfully argued from the other side that this Bill should be used for the purpose of dealing with men who after the 15th of August attained the age of eighteen. The argument of the Government was that that was not relevant to the Prime Minister's pledge, and that only men who had attained the age of eighteen on the 15th of August had to be considered in determining whether the Prime Minister's pledge was being fulfilled. So the question which we have now to consider is that of the men entitled to exemption on the ground that they are engaged in necessary work—to find out the men available for military service in terms of the Prime Minister's pledge. The argument of the right hon. Gentleman does not meet the point that has been so ably put by my hon. Friend the Member for Attercliffe. I wish to put the position of a man engaged in munition work. He is not at present a free agent so far as his trade is concerned. It is quite true that the average munition worker has a certain hold upon his employers, but they do dismiss men, and dismiss them unfairly, as it seems to me. There have been two strikes which never would have occurred had it not been for the oppressive action of foremen, and you are giving power to an aggressive foreman to say that a workman is inconvenient to him; he can work his will on that employé, and can obtain his dismissal. If the man is dismissed he is, of course, subject to the military law, and he is regarded as attested, subject to appeal to the tribunal. The only question the tribunal considers is whether he can be employed in munition work. It is quite true that the man has six weeks' probation during which to get employment; that is satisfactory so far as it goes; but what is the case of a man who finds the conditions made so unbearable for him in the workshop that it is absolutely necessary for him to leave his employment? Under the Munitions Act he has to apply to his employer for a leaving certificate. If the employer declines to give it to him—and that has been frequently done, as the records of the munition tribunals show, not merely in the case of agitators, but in the case of decent, hard-working, respectable men—he has to apply to the tribunal, who may decide that a certificate has been unreasonably withheld from him; but if the tribunal does not do so, what is then the position of the workman? He may be idle for a period of six weeks before he can obtain employment. How does the concession of the Government apply to a man in that position? He cannot apply, under the Munitions Act, until six weeks has expired, and precisely in that time he is liable to be brought into the Army. I think my right hon. Friend will admit that the concession is inadequate, and does not meet the case of the man who does not get his certificate. Six weeks does not meet the case of a man who, during that period, has to seek fresh employment. I think that is a perfectly fair argument and extremely relevant to the situation. I think it would be better if the Government disposed of this six weeks altogether. They can obtain what they desire without it. My right hon. Friend the Member for Walthamstow, myself, and the Member for Rushcliffe have an Amendment later on the Paper to which I would call the attention of members of the Front Bench. It is as follows: simply a matter of the tribunals. These workmen at the present time are employed in large industrial concerns, in many of which the relations between employer and employed are not of the most happy nature at present. You have had reports of the conditions and regarding the grievances and the causes of unrest. All those things prove the reality of the matter. We are anxious that those causes of unrest should be removed, so that apart from all industrial questions the minds and the energies of all classes in the country should be concentrated upon the task in which the nation is engaged, and upon nothing else. It is because we sincerely feel that if you pass this Bill in its present form you run the risk of aggravating the difficulties which have arisen, and of so weakening our country in the great task in which it is engaged, that we now ask that every effort should be made to deal with this situation, and so strengthen the country in the greatest crisis of our fate.
I understand, Sir, from your recent ruling, that I should not be out of order in at this stage expressing the hope that the Government will give at any rate careful and favourable consideration to the subsequent Amendment standing in the names of the hon. Member for Rushcliffe (Mr. Lief Jones) and the right hon. and learned Gentleman the Member for Walthamstow (Sir J. Simon). I do not think there can be any single Member of this House who would desire that the consequence of this Bill should be that any man should be a bondsman of a particular employer or in the country districts the bondsman of a particular farmer. As to the Amendment of the hon. Member for Attercliffe (Mr. Anderson), in the first place, I might suggest that it is far too wide for the objects which it professes. Grounds of exemption there may be for a number of reasons, and they must be dealt with. There is exemption for ill-health and for special hardship owing to domestic and business reasons. But those may well pass away, and undoubtedly in very many cases all that a man wants in business is a few months to look around and find a substitute to carry on his business and to make arrangements to wind-up his affairs. All those reasons you must undoubtedly make exemptions for. Then there is another reason. Undoubtedly the tribunals will not be altogether even in their effects at first. It will take some time to go through appeals, and it would be very desirable, just as in the Derby scheme, that under the present scheme in the first instance very few total exemptions should be given, and that the bulk of them should be temporary and then subject to revision, and on the second revision very likely a much larger proportion of them may be permanent. There are very important reasons connected with the War itself which make it impossible to say that purely industrial exemptions should be permanent. There may be at a particular time now immediately in front of us very strong national reasons, whether connected with the export trade or the manufacture of some branch of munitions, which make it necessary that a great many hundreds of thousands of men should be occupied in that way. We may be faced with a state of things six months or a year hence when it will be vital to have every man possible for the last few critical battles, and when certain industries will have to give way. From these points of view I submit that any Amendment which tries to make these exemptions for industrial reasons a separate class cannot be reconciled with the urgent needs of the nation. The real object of this Bill is to help us win the War. Nothing irritates me so profoundly as these constant references to the Prime Minister's pledge. That pledge was an incident, and almost an irrelevant incident. If that pledge had never been given we should have had this Bill long ago, or another and a stronger Bill. I mention that because it was so strongly insisted upon by the hon. Member opposite. He said, in fact, that if you take the narrowest wording of the pledge all you want to deal with at this moment is the people to be exempted to-day; that with the future we have practically no concern, as it is outside the pledge. I submit that this Bill deals with the needs of the country, and not with the Prime Minister's pledge.
11.0 P.M.
On the question of industrial compulsion there is an amount of loose language used, I do not want to say unworthily, but in a suspicious manner. Surely all agree that the last thing we want is any victimisation of individuals by individuals who may be placed over them, and any safeguards to prevent that would be welcomed by everybody. But in this Bill, whether it is based on the Prime Minister's pledge or on the nation's necessities, we are recognising by law what we have always recognised as a matter of moral duty, that every man should, as far as possible, do that work for his country which he is best qualified and able to do; that those who are of most use in the trenches should go and fight in the trenches, and that those who, for the good of the nation, and not from their own choice or their own preference, are best employed in the factories should be so employed. I suggest that when this Bill goes through, and those who are working; in the factories, and those who are organising their labour, realise that it is no longer a matter of their private preferences, that they are not doing each other down or struggling for different points of view, but that they are all in some sense the nation's soldiers, you will find such suspicion as still lingers to-day diminished rather than increased, and the safeguards which the right hon. Gentleman may be prepared to put into the Bill superfluous. Those who are working in the factories will recognise that they are the nation's, soldiers, and those over them will recognise that they are working as the nation's officers, and that they have the same responsibilities towards those whose work they are controlling as the officers at the front feel towards their men. Hon. Members opposite know the close feeling that exists between officers and their men at the front; yet the officers to the extent of nine-tenths are of the same class as the employers of labour at home, and the men are to a large extent of the same class as the men in the factories. Surely we may hope that at a time like this, the greatest crisis of our fate, we should have in the struggle at home and in the struggle at the front the same spirit of co-operation and of unity.
I assure the right hon. Gentleman and the Members of the Government that the feeling of anxiety in regard to any risk of industrial compulsion is felt as strongly amongst many Members of this House who have no right to call themselves Labour Members as it is felt below the Gangway by my hon. Friends. That anxiety does not proceed from the least weakness of will or desire to win this War at whatever sacrifice, but because one is afraid that any approach to industrial compulsion will divert energies, wills, and efforts from the winning of the War to other matters. It is from that point of view that I speak. I desire to associate myself with what a moment ago was said by my hon. Friend the Member for Birmingham (Mr. Amery) in regard to the great desirability that the Government should accept the Amendment that stands in the name of the right hon. Gentleman the Member for Walthamstow (Sir J. Simon), the hon. Member for Rushcliffe (Mr. Lief Jones), and the hon. Member for North-West Lanark (Mr. Pringle). It is of the highest consequence that the danger under this Bill of men being tied to one employer should be removed absolutely and clearly, and in the understanding of all men. I do not think, in order to secure that, it is necessary to go as far as the Amendment now before the House, moved by my hon. Friend the Member for Attercliffe. Those who have been trying to deal with the many difficulties of postponement or exemption under the Derby scheme know that the tribunals or authorities are tied down to give permanent exemptions or none at all. In many cases they will be bound to refuse all exemptions where, if they were allowed to give temporary exemptions, they would be glad and willing to do so. In rural districts, with which in this matter I have, perhaps, most to do, I am confident that again, again and again, advisory committees and the local tribunals would have granted postponement, or if they could would have in one way or another tried to bring about temporary exemptions because they felt at the moment that that was necessary in the public interest, while they could not hide from themselves the fact that those circumstances were on the very point of changing, and that to give permanent exemption would be to defeat the object of the Act and the welfare of the country in regard to that individual. Therefore, although I have the greatest sympathy with the point of view from which the Amendment comes, I think it goes further than necessary. What I would ask the Government is whether they will accept the Amendment to which I have referred: if they will, as of course they will, pass the two important Amendments in the name of the right hon. Gentleman the President of the Local Government Board, the one with respect to the six weeks' period and the further one at the end of the Clause—the case of the person who has his certificate renewed. Then I would ask the right hon. Gentleman, in his kindness, to consider whether these words ought not to be added: "or obtains a new certificate." This, I think, would go a very long way to detach the case of any individual who has passed from the employment under which he was exempted, and save him from being automatically, or hastily, or unduly swept into the Army, whether he is going on with his old employment or an identical employment under another master, or getting entirely fresh employment which it is in the interest of the country he should take rather than enlist. If that extension of my right hon. Friend's Amendment were made, taken together with the Amendment of my hon. Friend behind me, then I do not think there would remain any real risk of industrial compulsion, and if my hon. Friends below the Gangway, who put their case so strongly, and who have widespread sympathy throughout the country, are unable to get the precise words which they would prefer, I hope the Committee, the Government and the country, may look with confidence to them to use their great powers of persuasion to make those they represent understand that the whole idea and intention of this Bill, in spite of unguarded and regrettable statements and phrases by the Minister of Munitions, is not to bring about industrial compulsion, but to draw a line, strong, fast, and permanent, between military necessities and that which they fear.
I am sure that, from the speeches from all sides of the House, there is general agreement that the object and intentions of this Bill were not in any sense to deal with industrial conscription, and I entirely agree with the Colonial Secretary that there is, and indeed would be, a very grave responsibility attached to any leader of men who would undertake to go into the country and put before those for whom he specially speaks representations that were either untrue or certainly that were never intended. Whilst I say frankly it is a responsibility I would not undertake under any consideration, yet we would be wanting in our duties to those whom we represent if we were parties in this House to any measure that did introduce industrial conscription and did not enter our protest. Therefore, I approach the question from that standpoint. Equally I say that we must not forget that we are at war, and I know that, certainly during the last two days, the suggestion has been made in many quarters that those of us who are opposing this Bill do not seem to appreciate the grave dangers of the country. My only answer to that is this: it is because we do realise; it is because we are convinced that the value of this Bill will be absolutely and fundamentally destroyed if you break national unity that we are trying to do all we can, at least, to make the Bill as workable as it is possible to make it. The Colonial Secretary said there would be something in the position stated by my hon. Friend the Member for Attercliffe if it were the employer who was giving the exemption. He said, "Your fear of victimisation; your fear of men being spotted; your fear of men being taken advantage of, would be real and have substance in it if you were dealing with employers, but you are dealing not with employers—you are dealing with a tribunal."
We are dealing with employers. Out of the 42,000 railway men the absolute veto is not with the tribunal, and obviously the right hon. Gentleman forgot that. In the agreement with the War Office, under the Derby scheme, and even prior to the scheme, the railway men, single and married, were allowed to attest on one condition, and one condition only, not that they shall be called up with their group by the War Office when they wanted them; not that they would have to respond to the call immediately it was made, but not until they had written permission from their employer that he could release them, and therefore the right hon. Gentleman will at once see that here is the very power that he himself says would justify advantage being taken of it if there was the desire I admit. Here is this very power exercised absolutely on behalf of over 400,000 men. I put it to the right hon. Gentleman whether there is not substance in the suggestion that even if it was not intended, but supposing a local official or a prominent man in a railway company decided that when group So-and-so was called up the man that he chose to release happened to be a delegate or the local branch secretary, immediately suspicion would be engendered, the whole scheme would break down, because the men would say, "This man has not been released because the company are satisfied that he should be the man, but they are simply getting rid of him because he happens to be one of our spokesman or our trade union secretary. I submit that that is a case which, above all else, we must guard against, be- cause if you do not, and if such a thing happens, there will be something arise that I am satisfied every hon. Member of this House would certainly deplore. Then the Colonial Secretary raises this question. He says that a prominent labour leader told him that there were men who have gone into munition factories in starred trades in order to escape their obligations.
What does that mean? In the first place, what is a starred trade? The starred man is a man whom the head of every Government Department has decided it is in the national interest that they should be starred. They may have made blunders and mistakes, but, at all events, under any system, whether it be Conscription or voluntaryism, let it be clearly understood that it would be the same people who would have to determine this point. Therefore, the first answer to that suggestion is that there are men starred to-day who ought not to be starred, but that is not the workman's fault, but entirely the fault of the Government Department. In the next place, the employer in taking the man either connived at this fraud, or, on the other hand, he took the man because he was wanted, and if he was doing work that was required, and if it was essential for him to be employed in that way he would have to prove before the tribunal, and if he was not doing this work someone else would have to do it.
In that case there is no answer to the point put by my hon. Friend. Is it suggested that the man who goes before a tribunal next week as a munition worker, or as one engaged in a starred trade, proves his case, and gets exemption, is one of the 650,000 slackers? If it is not suggested that he is a slacker, then surely he is not one of the men with whom this Bill is intended to deal. If he gets exemption now or in a month, clearly he is not one of the 650,000 with whom this Bill is intended to deal. If the actual words do not meet the exact point, and I think they do, I say that the six weeks' Clause does not touch it. Do not let hon. Members talk about this six weeks' Clause. It is the most fatal thing of all, and will engender in the minds of industrial workers the idea that this is industrial conscription. Here is a man desires voluntarily to leave his employment for certain reasons. He is penalised under the six weeks' Clause. Immediately this six weeks are up, he is taken as a soldier. Automatically he becomes a soldier. Frankly, I believe there is not one in charge of the Bill who is desirous of any industrial conscription, but I am certain, if it can be shown that industrial conscription is provided in the Bill and can be put into operation, it will be fatal to its smooth working. I submit that a man having obtained exemption is at least entitled to say, "I am not one of the 650,000," and, if he is not one of the 650,000, he is certainly not one of those to whom this Bill is intended to apply. On that ground, I would urge the Colonial Secretary to see the substance of my hon. Friend's point. He will lose no men by it, because yesterday the President of the Local Government Board said that he had the authority of Lord Kitchener for saying that the only people he wanted were those to whom this Bill was intended to apply; he did not want those who were a few months short of eighteen years of age. If he did not want those for the purpose of winning the War, surely it cannot be argued that he wants those whom the Derby scheme never covered and this Bill does not touch. On these grounds, first, that it will remove suspicion, and secondly, that it will not destroy the Bill for military purposes, I submit that the Government ought to accept this Amendment.
I think we all have one object in view, and I must confess I am somewhat surprised at some of the arguments we have heard in favour of the Amendment. Personally, I should say it would suit employers infinitely better to have absolute rather than conditional exemption. The idea that temporary or conditional exemption is to benefit the employers and give them greater powers over the men is one of the most extraordinary fallacies I have ever heard given expression to. One of the great difficulties employers have to face at the present time is that of getting men and keeping them, and they certainly would prefer to be sure of retaining them and to know that it would not be in the power of the War Office a few months later to come and take them; thereby compelling them to shut down probably half their works because the men are required at the front. It cannot, therefore, be fairly suggested that this Clause has been introduced for the benefit of the employers. Industrial Conscription, in fact, would only be to the advantage of the military authorities. Let me say one word on the question of Conscription. I think the hon. Member for Lanarkshire made a very unfair attack on the Minister of Munitions.
Not an attack.
I will not dwell upon that point. Whatever the faults of the Minister of Munitions may have been he has had but one object in view, and that has been to get munitions. It has not been his desire to hamper employers, and that perhaps may account for the suspicions which have entered the minds of some workmen. Take the question of the railways to which the hon. Member for Derby has referred. I think I am not wrong in stating that they are now a Government institution. They do not belong to private employers, and it will be the Government who will have to decide what men shall be retained in their posts and who shall be released for military service. [HON. MEMBERS: "No, no."] Well, that is my opinion. It is true that the Government may not carry on the actual working of the railways, but they are now a State institution, directed and guaranteed by the Government, and care should be taken that such cases as those referred to by the hon. Member for Derby should not be allowed to occur. May I point out that a great many people now in the service of various Government Departments, who would very much like to go into the Army, are being refused permission to do so.
What is the contention of the hon. Members opposite? They say "Here is a man exempted from military service. If you deprive him of the exemption this terrible thing is going to happen to him. He is going to join three millions of his fellow countrymen who are fighting for their country." Rather than suffer that terrible fate they are prepared to become the slaves of any employer. That seems to me an extraordinary contention, and I cannot believe it is borne out by facts. A recruiting officer in my Constituency the other day told me of a number of colliers who had walked many miles in order to attest under the Derby scheme, and were disgusted when they were told they could not be attested because they were starred, and that they could not be taken without the consent of their employers. I think it is an entire misnomer to call this compulsion. I hope we shall have further explanations from the Government on the suggestion which has been thrown out—that the grant of a certificate of exemption may be dependent on the application agreeing to work for a particular employer. I understood the certificate or starring referred to the trade and not to the individual, and I cannot believe that if a fitter or a turner appeared before the tribunal and claimed a certificate of exemption, he would be told it could only be granted if be agreed to work for a particular man. I cannot conceive any tribunal being given authority to compel any man to work for any individual employer in this country under a penalty of any kind. I hope the Government will make it perfectly clear that that is not intended, and will agree if necessary to insert a form of words which will preclude anything of the kind.
At the present time there are a large number of people engaged on construction work—engaged on the erection of munition factories and other buildings. When the factories have been put up it is possible that many of these men will no longer be required for munition work. They are not merely skilled men: there is also a very large amount of unskilled labour thus engaged. Is it suggested that all these people are to remain exempted. According to the argument of the hon. Member a bricklayer's labourer who has been on munition work and has therefore been exempted will, when his job is completed, be able if he chooses to refrain from any kind of work, it may be for two years, and be free of liability to go into the Army, while another man who has not been engaged on munition work may be called compulsorily to the Colours. Would such an inequality be tolerated for a single moment by the working men of this country?
Does the right hon. Baronet mean to suggest any skilled workmen would remain idle for such a period?
No. I simply say he need not work if he does not choose to and at the same time he need not go into the Army. I was merely stating a hypothetical case—I was following the example of the hon. Member who assumed an engineer would become a gamekeeper. That hon. Member omitted to mention that the engineer, instead of becoming a gamekeeper, might find employment on building motor cars which are not required for the country at all. I think a much wider form of words may be desirable if the certificates are to be given, as they will be by the tribunal, not to the individual as such but in respect of his trade. I think the hon. Member for Derby was wrong in what he said about the six weeks' period and about the man necessarily becoming a soldier at the end of that time. What will happen will be this: The man at the end of the six weeks will be attested but he will then have another opportunity of going before the tribunal. He will then be able to say, "I am a fitter—a skilled man. I want my certificate renewed." He will get the renewal if the tribunal thinks he ought to be kept at his trade, and therefore all this talk about what the military authorities will do is based on a misconception. The six weeks' period is quite long enough if at the end of that time the man can get a renewal of his exemption, but it will not be long enough, I quite agree, if at the end of it he is to be at once whisked off to a training camp before he has a chance of securing a renewal of his certificate. I feel confident if a man is allowed at the end of the six weeks to go to the tribunal and say, "I am a skilled worker and I am going to have another job in a munitions or national factory, therefore I want a renewal of my certificate," there will be no difficulty in getting it renewed. The difficulty seems to be for hon. Members in this House to understand clearly how the procedure will work. I can easily understand how easily people outside this House who are not so skilled in procedure, and have not followed the discussion, particularly with a little suggestion added on to it, can get restless and disquieted with the idea that something terrible is going to happen. But the proof of the pudding will be in the eating when all is said and done. When the Bill is passed they will find that they are not conscripted industrially, and all these terrible things which are suggested and whispered in their ears by people who have been hostile to the Bill from the beginning and never wanted it passed, and hostile to the War and do not want it to proceed, will not occur and they will then wonder why the suggestions have been made and what was the weight and authority of those who made them.
Will the right hon. Gentleman make it clear what is to happen to a man at the end of the six weeks' period. As I understand it, he would then be called and would have a month in which to make his arrangements as to appealing.
As I understand it he is liable to be called up, but he will be perfectly free to go to the tribunal and apply for another exemption. I rose to make an appeal to the Committee, whether it would not be possible to take a decision. The subject is one which we all understand. It has given the Government the greatest possible amount of difficulty in trying to meet the points which have been raised to-day. We really believe we have met them. We have considered the Amendments, not only to-night since listening to the Debate, but since they were on the Paper. We were prepared to accept any Amendment which does nothing more than guard against industrial Conscription, but we could not accept Amendments which we held would go a long way to defeat the objects of the Bill. I hope this discussion may now be brought to an end.
We are all extremely anxious to expedite the discussion of these questions and passage of these provisions, but I have not been quite clear, in my own mind, whether the discussion that has so far taken place is to be assumed as ruling out anything in the nature of a moderate discussion of individual Amendments raising points relating to questions. If we understand that on one or two of the important Amendments which really raise important aspects of the question some need of moderate discussion will be allowed. I will not persist in addressing the Committee now.
May I suggest to the Committee that there was an arrangement that there was to be a wide discussion. While I am sure no one, and least of all I, would wish to prevent a subject being brought before the House, I am sure the Committee, as a whole, will feel that it would not be fair to repeat arguments which have already been presented.
As one of the two hon. Members in whose name this Amendment stands, I think I am entitled to say a few words upon it. [HON. MEMBERS: "Divide!"] It is not a question which can be lightly dismissed. The serious consideration which the Committee has so far given to the matter seems to me to be worthy of it, and worthy of the subject under discussion, and I desire to raise a few points which have been dealt with by various speakers during the Debate. [HON. MEMBERS: "Oh!"] I want first to take one or two of the arguments advanced by the Colonial Secretary. He said—and it was evidently an important admission which must have escaped the notice of the hon. Members who cry, "Oh!"—they, perhaps, have not the same interest in this Bill and in this particular Section of it as some who sit on these benches, because their desire is possibly to get home. The point I want to raise, and which the Colonial Secretary dealt with, was that he said this Bill could have the effects which we said it would have.
No, no; the hon. Member is entirely mistaken. I said it could be made to appear to have that effect, but that, if it were understood, it could have no such effect.
I am sorry that I misunderstood the right hon. Gentleman. Let me turn to another point. He desires, as I do, that we shall win this War. I, with others, have attempted to do what was possible to get the necessary men under the voluntary system to win this War. I desire as keenly as I did at the outbreak of the War that we should go through, hence it was with considerable misgiving that I saw a Bill introduced which, in my view, was likely to break the unity of the people. The particular point we are now discussing is calculated above everything to break that unity unless the suspicions which have been aroused by the Bill are allayed. The hon. and gallant Member for South Birmingham suggested that the Prime Minister's pledge was a trivial matter. As a matter of fact it has been declared from time to time that this Bill is the Prime Minister's Pledge Redemption Bill. But the hon. and gallant Member for South Birmingham desires another Bill, not the Bill we are debating, but a Bill which will give us compulsion all round, for married men as well as for single men. Surely that was the point he was attempting to make when he spoke.
That is not my point. The object of this Bill was to provide the men to beat the enemy in the field. That is much more important than its accidental origin in the pledge of the Prime Minister.
May I ask the Committee to assist me? Recognising the importance of the subject, I have adopted an unusual course in allowing a single Amendment to cover a very wide field, for the convenience of the Committee. I hope the Committee will assist me as soon as that is properly dismissed, in dealing in a purely business-like spirit with the consequential point which I wish to determine.
The point is really vital. My point is that there must have been an estimate of how many men would be exempted, and it is clear that the men who are exempted at the outset will leave the necessary number of men about which the pledge was given by the President of the Local Government Board.
May I observe that this point was put very clearly before the Committee, when the House was fuller than it is now, by the hon. Member for Derby and the hon. Member for Attercliffe?
I bow to that and recognise that the House before going to a Division is fully seized of the point which my hon Friends made. I pass now to the point of the hon. Baronet opposite. He spoke of employers not desiring to be under the difficulty of being faced with temporary exemptions under this Bill. Then he must vote for this Amendment because this is the Amendment that relieves employers of any difficulty with regard to temporary exemptions. His second point showed that he was not aware of what amount of control the Government were exercising over the railways. The managers of the railways are exercising a great deal of control, if not, as I am informed by my hon. Friend opposite, the whole of the administrative control over the men. The Board of Trade control as far as these exemptions are concerned will be non-existent. The hon. Member for Derby stated the kind of thing that is likely to obtain in this matter. I prefer to take the experience of the responsible officials of the National Union of Railwaymen to that of the hon. Baronet. There is considerable unrest in the country as it is. The majority possibly of working men in this country are prepared to acquiesce in the conscription of single men. They are not yet fully seized of what is involved in the industrial compulsion contained in this Bill, but they will become so more and more. It is not because of agitators. The gentlemen who talk about agitators really misunderstand the position. The only power which the agitator exercises is because he expresses an unrest which is really felt. [HON. MEMBERS: "No."] I do not know whether the hon. Member for Brentford is a particularly good judge in these matters. The point which I make is really a good one. I want the House to be seized with this, that there is a suspicion abroad in the minds of many of our people about this Bill. They are slow to realise all its possibilities at once. I agree that probably the majority for the moment have
been prepared to acquiese because they think that the Prime Minister's pledge should be redeemed. They are not yet fully aware of what I might term the industrial compulsion Clauses of the Bill. When they are they will have the same realisation as they had under the Munitions Act; and do not let us forget that both on the Clyde and in the coalfields, when the effect of this Bill is realised, there will be trouble unless something much more serious than this Amendment is proposed from the Front bench in the way of Amendment. Why not forego the few men you might get by retaining your proposal and make this change?
My recollection is clear that there is a very distinct ruling which has been laid down over and over against tedious reiteration either of argument or of language. What the hon. Member says has been stated over and over again this afternoon, and there is nothing new in it.
The right hon. Gentleman is perfectly correct with regard to the Standing Order, a Standing Order which might be printed in large letters on both sides of the clock; but it is the unfortunate duty of the Chairman for the time being to carry that Order out, and I should very much hope to have the assistance of all hon. Members in all parts of the House in giving effect to it.
As a rule I do not trouble the House long, and if I had not been interrupted I should have finished in the time it has taken the right hon. Gentleman to make his point of Order. [HON. MEMBERS: "Hear, hear."] I note those cheers, and I expect to hear them realised in the votes given, and the names of those who vote will be carefully scanned, I have no doubt. We are prepared to stand by what we do—[An HON. MEMBER: "Or fall."]—or fall. The point I meant to insist on is that you should clear out of the minds of the workers, particularly in the coalfield and on the Clyde, the suspicion growing in their minds, that this Bill means industrial compulsion.
Question put, "That the word 'may' stand part of the Clause."
The Committee divided: Ayes, 200; Noes, 44.
I hope the Committee will endeavour to help me as I have endeavoured to help it. I think we might now proceed to the series of Amendments which are down on the Paper at the end of line 8 (Sub-section (3)). Hon. Members will observe that there is a number of such Amendments, and I propose not to take them in the order on which they are on the Paper. It is within the province of the Chairman—
What about my Amendment (in Sub-section (3) leave out the word "may" ["may take"], and to insert instead thereof the word "shall.").
That Amendment is not out of order, but it deals with a subject which has been discussed at great length. I would ask the hon. and gallant Member whether under the circumstances he thinks it worth while to insist upon his right.
I would like to move it as it is only a drafting Amendment.
It is by no means a drafting Amendment. It raises a very big question, which was discussed at length at an earlier stage of to-day's proceedings.
I do not want to move the Amendment, but I venture to suggest that it raises a point which was not raised in the previous Debate. It makes it absolutely essential that the conscientious objector shall do some non-combatant work—some military service, and carries out really the pledge of the Prime Minister given when he introduced the Bill, and when he distinctly said—
It is not for me to argue the merits of any proposal. I was only submitting to the Committee that I endeavoured on big questions to-day to meet what seemed to me practical points which the Committee wanted to discuss. I allowed unusual liberty on those points; for instance, on the hon. Member's (Mr. Joynson-Hicks) Amendment at the beginning. I cannot insist, and I only ask the Committee whether they are prepared to support me.
Under those circumstances as you put it so nicely, with regard to insisting, I will be equally nice, and so I will not insist.
12.0 M.
With regard to the Amendments at the end of line 8, it is within the province of the Chairman to take Amendments proposed in the same place in such order as he thinks fit. If I did not do that some of the Amendments might be cut out. It is proposed to take them in the logical order in which they had come, assuming that they were accepted. In that case, I think, the first Amendment must be that standing in the name of the hon. Member for West Leeds (Mr. E. Harvey) and the hon. Member for York; then comes the Government proposal referred to earlier in the day as their suggestion to meet the point. Perhaps the hon. Member for West Leeds would give way to the Government?
I will give way under the circumstances, though I do not feel that the course suggested meets my point of view.
I beg to move, in Subsection (3), at end to add the words, "or may be conditional upon the applicant being engaged in some work which, in the opinion of the local tribunal, is of national importance."
Has "being engaged" the same meaning "as being engaged in." Is the exemption conditional on the men being engaged in some work? It may be that at the moment he is not engaged in some work.
I did not make any observations in moving this Amendment, because the Colonial Secretary very fully referred to the matter earlier in the evening. This Amendment must be taken in conjunction with two other Amendments standing on the Paper in my name, in which we desire only that there shall be full opportunity for men whose occupation may be temporary to secure further occupation.
Without touching at all upon the ground of the conscientious objector, I would like to suggest that the Amendment of the Government is both weak and dangerous. In so far as any of those men are genuinely engaged upon work of national importance they would get exemption anyhow. If they are not engaged upon such work, I am not sure that this Amendment meets the case. The sort of objector who is not only not willing to kill other men, but would not take part in any duty that would help his fellow-men engaged in the War, who will not even nurse the soldier, or help him in other ways, why should he be willing to work in a munitions factory? Why should he be willing to make boots?
It does seem to me that there is a very real danger under this Amendment of very large numbers of men being allowed to get out of their military service. The hon. Member for Blackburn spoke of these men being tens of thousands. I do not think we can afford the risk of tens of thousands of men being exempted from military service. Last night there was an Amendment containing no military danger whatever, but the possibility of adding a large number of men to the Army, and yet we were at once told that Lord Kitchener had been specially consulted, and did not want that Amendment. I should like to know whether, as this manuscript Amendment does involve the risk of withdrawing a great number of men, it has the approval of Lord Kitchener. I think Amendments should not be introduced whittling away a number of men liable to service without adequate military reasons, and I should like to protest very strongly against this particular Amendment.
[HON. MEMBERS]: "Oh!"]: I do not know why hon. Members below the Gangway opposite should adopt that tone. The Committee has spent about two hours on a wrecking Amendment moved below the Gangway.
I hope hon. Members will not apply epithets to other hon. Members' Amendments.
I withdraw the epithet, but it will not be denied that considerable time has been spent on an important Amendment—if that is an acceptable epithet—moved below the Gangway. I want, in a very few words, to endorse the remarks of the hon. Member for South Birmingham (Captain Amery). It was my misfortune that I was not able to be here early in the afternoon when my right hon. Friend opposite explained why this Amendment was introduced by the Government. Personally, my view is that with regard to conscientious objections the Bill is weaker than when brought in. I should have very much liked to see it strengthened rather than weakened. I cannot help thinking there is a good deal of cant upon this subject of conscientious objection. At all events, for myself I do not shrink from saying that this particular brand of conscientious objection we have heard so much about to-night is one which I do not think is entitled to a particle of respect, and I have no respect for it myself. I think it is very unfortunate that the Bill, such as it was in its printed state, should not have been adhered to by the Government. I cannot understand why they should introduce words to make the Bill even weaker than it is. We have been told throughout this discussion that this Bill has for its purpose the carrying out in letter and spirit the pledge of the Prime Minister to the married men. I think that everything that weakens the Bill in the direction of admitting more exemptions—and that is what this Amendment will do—is in the direction of an encroachment on the pledge of the Prime Minister. These Amendments may be carried to the extent that there will be very few men brought in. That, of course, is the desire of the group of Members opposed to the Bill as a whole, and in reducing the number of men brought in they will be reducing to that extent the pledge of the Prime Minister and breaking faith with that pledge.
Question, "That those words be there inserted" put, and agreed to.
Further Amendment made: At the end of Sub-section (3) insert the words: "Provided that a certificate granted on the ground of special financial business or domestic obligations shall be a conditional or temporary certificate only."— [ Mr. Long. ]
I beg to move, at the end of Sub-section (3), to add the words,
"No certificate of exemption shall be conditional upon the person to whom it is granted continuing in or entering into employment under any specified employer or in any specified place or establishment."
I put this Amendment down along with two other hon. Members in the hope that it would, to some extent, ease the situation and provide some relief from the anxieties which are sincerely felt in many quarters. I do not pretend that this proposal solves the difficulty, but if it is accepted I do not doubt that it would go some way to show the general desire of the House to prevent this difficulty arising. Whether any Bill brought in to introduce compulsion can effectively secure what we are asking is a matter of some doubt, but this Amendment would be a practical contribution to that end, and it is not an extravagant or an unreasonable proposal. No one desires that a man who would otherwise be taken by force into the Army shall be exposed to the temptation, if it be a temptation, of avoiding that on the promise that he will remain with a particular employer in a particular employment. If he and his employer unfortunately fell out the employer would have an unreasonable lever to exercise, and he, on the other hand, would be deprived of those rights which the whole House desires workmen should continue to enjoy. Without alleging that this Amendment will solve the difficulty I submit it as a contribution, and I hope very much that the Government will favourable consider it.
I desire to support this Amendment as strongly as I can, and I urge the Government to accept it. I feel confident that, in practice, it will make a great difference with regard to public confidence, because it takes away the apparent likeness between a person compulsorily serving and a particular person attached to a particular employment. This Amendment will give satisfaction far beyond the ranks of those who are opposing this Bill, and it will be warmly appreciated by many of those who have supported the Government throughout in regard to this Bill. I think my right hon. and learned Friend has put his case very mildly, and I do not think that any important difficulties will arise. I am confident that the Government would gain more than they would lose by granting this Amendment, and the Army as well as industry will benefit by it, and the distinction which it will draw.
This Amendment can certainly be considered apart from the objection which has come from different quarters of the House, because there is no question here, as far as I can make out, of getting fewer men into the Army. In going through the Amendments this morning with those who advise the Government, there was no suggestion that this proposal would prevent a single man from joining the Army. We considered it from many other points of view, and mostly from the point of view of machinery, and in this respect there must be some serious objections in regard to it. But in spite of those objections, if I thought that this Amendment was really going, in any material way, to satisfy the objections of those who honestly fear that there is industrial compulsion in it, both here and outside, I would promise that we will consider it before the Report stage and see whether it is possible to bring in words of this character. I would like hon. Members below the Gangway to give me some indication as to whether the acceptance of this Amendment would make a difference in their opposition to the Bill.
Speaking, as I do, on behalf of a very great organisation, while, of course, I cannot give full pledges on anything—
I do not want a pledge.
I think I can say that the acceptance of this Amendment would go a very great way to bring about the necessary confidence because that is what we all desire. An Amendment such as this, while it might not meet the whole case, will establish that confidence which is very necessary if the Bill really must receive the confidence of the people and be the success that we all desire, and which at least I desire. I think the vast majority of the people of this country do desire this Bill to be a success.
The indication given by the hon. Member is quite sufficient for me. We are agreed that this Amendment will not diminish the number of men we can get, and as hon. Members believe that it will give some additional security against compulsion, I will undertake not that we shall introduce these words, but that before the Report stage we will have this point thoroughly examined into, and if we find it is possible we shall accept this Amendment. Having said that, I would remind the Committee that it is getting rather late and that we have still a great deal to do. Some time limit must be put to the amount of discussion which can take place on this Bill. I sincerely hope the Committee will take it a little further to-night and so make it perfectly certain that we may see the end of it in the time suggested by the Government.
I would ask whether, as a matter of form, the Government would allow these words to be inserted now. The House could then deal with the matter on the Report stage and negative them, without Debate, if the Government recommended that they should not be confirmed. At any rate they would be printed and stand upon record.
May I point out to the hon. Member that the right hon. Gentleman the Member for Walthamstow (Sir J. Simon) would have a perfect right to put the Amendment down again at a subsequent stage if a decision is not taken upon it to-night.
I hope the Colonial Secretary will reconsider the decision at which he seems to have arrived. I would like to supplement and emphasise the argument advanced by the hon. Member for the Ince Division (Mr. S. Walsh). I think I can claim to speak on behalf of the skilled trades in the country. The more confidence you can inspire in the minds of these people the better chance there will be of the success of the Bill, not only in this House but outside. I hope the Colonial Secretary will accept the Amendment. If he wishes to amend it, he can do so on Report. We want the words put in now. We are extremely jealous of our position so far as industrial compulsion is concerned, and the more safeguards the Government can put in the Bill the better it will be for them and the greater confidence it will inspire in the minds of the working men of the country. If the Government do not accept the Amendment I am prepared to argue the matter from now until five in the morning, and I am inclined to think that many of my hon. Friends on the Labour benches would support me. We do not care the toss of a button about the procedure of the Government, but we want to make it quite clear that so far as the working men of the country are concerned there is going to be no industrial compulsion. While these words may appear to the Colonial Secretary and the Government to be redundant, we believe it is far better to have redundant words in the Bill if they make it clear that there is not to be industrial compulsion. I therefore appeal to the Colonial Secretary to accept the Amendment with the object of easing the passage of the Bill.
I speak as the representative of a labour Constituency. I know that a number of my Constituents feel acutely upon this matter, and entertain doubts as to the scope of this Bill. Having listened to the several references made to the question by the Colonial Secretary, seeing that the matter is in the hands of an astute man like the right hon. Gentleman the Member for Walthamstow (Sir J. Simon), and inasmuch as there will be another opportunity for dealing with it on the Report stage, I would appeal to my hon. Friends below the Gangway to take the assurance given by the right hon. Gentleman and trust him to bring this up again. [HON. MEMBERS: "Trust him?"] Why not? We all want to walk this road together. Anyhow, let us trust the Government until the Report stage, and then, after the right hon. Gentleman has looked into the matter with the intention he has expressed of desiring to arrive at the most satisfactory settlement, I hope he will come along our way and give us what we want. By that means we shall secure, perhaps, more than we may get by going into the Division Lobby to-night.
I regret very much that the Government do not see their way to come to a decision upon this matter now. Immediately after the Second Reading my friends and I endeavoured to find a form of words to deal with the point. We put the Amendment down at the earliest possible moment, and it has been on the Paper since Friday last. We have not been approached by any Member of the Government suggesting there was anything wrong with the phraseology. They have had many conferences—I do not know how many. I do not know whether these words were ever discussed at them. Members of the Government have never taken the trouble to find out our views upon this matter or make any representation that the words were inadequate. They should have been prepared to meet the point of this Amendment with a considered Amendment of their own if they think it falls short or presents difficulties in regard to machinery. In the circumstances we are entitled to ask that these words should be put in. It has been admitted that they cannot diminish by a single man the number of men who are to come into the Army under the Bill. The only suggestion that has been made is that they may affect the certificates of exemption being granted to a certain number of isolated men in special employment—a number which, taking the whole of Great Britain, can be counted by hundreds, if not less. Surely it is possible between now and the Report stage to devise words which will meet those very exceptional cases. Here the Government have an opportunity, by accepting the Amendment, of obtaining a considerable amount of confidence from a very large number of men affected by this Bill, whose confidence is, more than anything else, essential to its smooth and successful working. The acceptance of the Amendment will advertise the matter still more. People will have a full opportunity to consider all that is involved in it, and while nothing can possibly be lost by its acceptance, I think I have established a clear case that a great deal will be gained if the course I have recommended is adopted by the Government.
I think the hon. Member who has just spoken hardly allows for the fact that even the Colonial Secretary and the President of the Local Government Board have only twenty-four hours in the day, of which they spend something like twelve hours here, having to consider an enormous number of Amendments. If they tell us that they are not quite certain about the wording of a particular Amendment, then, although I am strongly in favour of this Amendment and agree that we cannot take men away from the Army, and that there are legitimate suspicions felt widely in different parts of the country, I am prepared to accept the assurance of the right hon. Gentleman that he will give these words most careful consideration with a view to inserting them, or similar words, on the Report stage. Let me say to the hon. Member for Westhoughton (Mr. Tyson Wilson) that if the words were inserted in their present form and there was a serious obstacle to their remaining in, and they had to be whittled down on the Report stage, the effect in the country would be bad, and it would be better for the country to wait a day or two in order to have the proper words than for him to press for this Amendment. It seems to me the case of the pivocal man is being met, and if he wants to leave one pivocal occupation for another pivocal occupation he still falls within the category. However it may be, I am not prepared at this moment to put my impression as to the effect of this Clause against the opinion of the right hon. Gentleman. I appeal to the hon. Member for Westhoughton, in spite of his earnest desire to push this through, to have some confidence in the right hon. Gentleman who has met the views of hon. Gentlemen below the Gangway very fully, and to leave this until the Report stage.
Surely the Government would gain if they would put the Amendment on the Paper to-night. The whole object in their view is to allay the fear there is in the industrial classes that the Bill may be used for industrial compulsion. The sooner they can remove that impression the better, and the acceptance of this Amendment would really go a long way to achieve that object. May I put before them my own personal experience of this very Amendment? I went on Saturday to my Constituents, and I saw the leaders of all the trade unions in that great industrial constituency. I saw the railwaymen, the miners, the hosiers, and members of other trade unions, and the one thing they urged on me in regard to this Bill was that I should safeguard, so far as I could here, the position in regard to industrial compulsion. I put this down in direct response to their invitation, and nothing would go so far to allay their suspicions and anxieties as to see that the Government had listened to this Amendment, and were really anxious to meet them in the matter.
I must say I am a good deal disappointed at the attitude which my hon. Friends on this side of the House are taking in regard to this matter. I do not see that so far as the actual acceptance of the Amendment is concerned, it makes any difference whether it is put down now or only on the Report stage when, as I have said, the Government will put it down unless they find there are reasons, of which I am not aware now, which make it impossible for us to do so.
There will be no difference at all as to the Amendment appearing in the Bill, because the majority who are in favour of it in Committee would be available on the Report stage. The real reason why I cannot—and however long we talk I must say the same thing—agree to this Amendment now is this. As an hon. Member said just now, and it is quite true, we have not time to discuss all the Amendments—and the House knows how many there are—with everyone who ought to be consulted. I did have an opportunity of discussing them with our legal advisers and with others, but I should not be justified in putting this on the Paper until I have consulted the War Office and the Government. I have not had an opportunity to do so, and surely hon. Members must see that it would never do from the point of view of the effect outside—it does not matter in the House—to put it down now and attempt to alter it on the Report stage. I hope the House will feel that I have met them fairly, and will not press the Amendment.
I hope the Colonial Secretary will not think that I am being captious when I say that I do not agree with his reasons; but that is no reason why I should not, in a sincere desire to promote progress, accept the result, and that is really not the fact, if I may be excused for saying so after some experience as a Minister, and it has never been the practice in the House that you do not accept a carefully drafted Amendment in Committee, at the same time warning the Committee that its phraseology may have to be reconsidered before the Report stage. On the contrary, it has quite constantly happened. In the second place, although I have not any personal feeling in the matter, I may perhaps be allowed to point out that it is an Amendment I drafted, in view of what the Prime Minister said on the Second Reading, that he and his colleagues were anxiously considering how this particular difficulty must be met, and I hope I may say, without appearing egotistical, that it is a carefully drafted Amendment by one who has had some experience of drafting Amendments. There it is, and it does not matter whether it is put in the Bill now or later, except that I think we do lose something, for reasons which I do not think myself are the least adequate, which must have been gained in the direction of assuaging anxieties. We do not, however, relieve these anxieties by wrangling on a point of this sort, and it is better—and I appeal to all those who agree with me—whether we are right or wrong on the question of practice, that at the present moment we should accept in all good temper the view the Government wish to take. All I hope is that between now and the time when they put down their own Amendments on the Report stage they will have had time to consider how they propose to carry out the Prime Minister's undertaking. I ask leave to withdraw my Amendment.
Amendment, by leave, withdrawn.
I beg to move, at the end of Sub-section (3) to insert the words
"Any Government Department may direct that any certificates granted by or on behalf of that Department before the appointed day as to employment on work for war purposes may be treated as certificates of exemption for the purposes of this Act."
This is really only to make the Act of Parliament conform to the system already in vogue, and to give authority, where certificates of exemption have been already granted, to avoid the necessity for a man whose reasons have been already inquired into and decided upon from having to apply a second time.
Amendment agreed to.
I beg to move, at the end of Sub-section (3), to insert the words
"Where a certificate of exemption is destroyed, missing or defaced, the authority by whom it was granted shall, upon the application of the man to whom it was granted and upon payment of a fee of one shilling, issue a duplicate of the certificate to him."
I have several Amendments on the Paper, but I only propose to move this one. I am going to jettison the rest of the cargo in order to salve the one which I understand is of value to the Government.
The Government had omitted to provide for the case covered by the hon. Gentleman, and are willing to accept the Amendment which supplies their omission.
Amendment agreed to.
I beg to move, in Subsection (4), to leave out the words "Military Service" ["Military Service Tribunal shall be constituted"], and to insert instead thereof the word "Local."
This is a consequential Amendment.
Amendment agreed to.
Further Amendment made: In Sub-section (4), leave out the words "Military Service" ["Military Service Tribunal shall be subject"], and insert instead thereof the word "Local."—[ Mr. Long. ]
I beg to move, at the end of Sub-section (4), to add
"Provided that, in the case of an application on conscientious grounds, the appeal shall lie to a special tribunal constituted as provided in that Schedule."
The object of the Amendment is to provide that there should be, in cases of applications on conscientious grounds, an appeal, not to what is called the Derby tribunal, but to a special tribunal the constitution of which is left to the decision of the Government. I think it will be readily appreciated by the Committee that there are reasons why tribunals, which may be very excellent for other purposes connected with the Bill, are not so suited to deal with these cases of applications on conscientious grounds as a tribunal of a more judicial character. The setting up of a special tribunal of this kind may not increase the actual number of exemptions but it will, I believe, increase the sense of confidence and the security of justice. I do not want at this late hour to argue the matter at any length, but I very much hope that the Government may see their way to accept this Amendment, and if they do I am sure that it will make for the smoother working of the Act, and will give people greater confidence that these difficult cases will be dealt with as everybody wishes that they should be dealt with, namely, with perfect justice to all concerned.
I hope that this Amendment will not be persisted in. As we have already announced on several occasions it is the intention of the Government to take such steps as are necessary to strengthen the tribunals already in existence, because, of course, under this Bill a variety of cases will be remitted to them, cases which are not only very important, but some of them peculiar in their nature. Therefore, as I say, it is probable that the tribunals will require strengthening, but it would imply an altogether undeserved want of confidence in the existing central tribunal, which is a very strong body already, and in the new tribunals which are to be set up, if we were to decide to have a special ad hoc tribunal for the consideration of these conscientious cases. I do not know whether the hon. Member has thought the matter out, but how we should proceed to create a tribunal which would be specially constituted to deal with cases of applications on conscientious grounds I do not quite know. I imagine that the only course would be to try and find a tribunal which would be composed of men who had no consciences.
I just wish to point out to the Committee that, so far, we have had no exact indication of what these local tribunals may be. I should like to ask this question: Before we dispose of the Schedules to-morrow, will the Government be in a position to communicate to us much more precisely than they have done hitherto the composition of these tribunals?
Certainly.
In view of the answer given by the right hon. Gentleman I see no use in persisting in the discussion of the Amendment, although I am bound to say that I regret the decision of the Government. In these circumstances, I ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
had on the Paper an Amendment, to add at the end of Subsection (4) the following new Sub-section:
(5) The provisions of this Section shall apply to the single and married men who attested for military service between the twenty-third day of October, nineteen hundred and fifteen, and the passing of this Act.
The next Amendment, in the name of the hon. Member for Blackburn, seems to me to be out of order.
I wish to move the addition to the Clause on behalf of the Member for Blackburn and—
I have decided that the Amendment is out of Order, being outside the scope of the Bill.
On that point of Order. May I say that I rose at the same time as the hon. Member for Hanley. I wish to call attention to this fact that the men who are referred to in the proposed addition of the hon. Member for Blackburn were attested under Lord Derby's scheme and this Bill is really an extension of Lord Derby's scheme. We have had references to Lord Derby's scheme all through our discussions, and the one important thing in Lord Derby's scheme was the local tribunal, which is really a fundamental provision of this Bill. In view of this fact, I beg to ask you, Mr. Deputy-Chairman, whether you cannot reconsider your decision that this Amendment is outside the scope of the Bill?
I am obliged to the hon. Member for putting the point, but it does not affect my view.
Question proposed, "That Clause 2, as amended, stand part of the Bill."
May I respectfully ask the Government at this point will they not be content with the progress that has been made?
I am sure the Committee will realise that I have no desire to press forward unduly, but I will remind hon. Gentlemen that we must get the Committee stage completed to-morrow without fail, and I think it is not unreasonable to ask that we should go on a little longer. If we do so, I hope that the Committee will make sufficient progress to render it certain that we shall achieve our purpose and complete the Committee stage tomorrow.
I wish to call the attention of the Committee to one fact which is very important. It is this: A number of men have enlisted voluntarily during the last three months under Lord Derby's scheme. A great number of them feel it is extremely hard and unjust that they are not to be allowed the same rights of exemption as the men we are now bringing in compulsorily—men who are declared by many Members of the House to be slackers and shirkers. Is that not on the face of it hard and unjust?
Is the hon. Member entitled to raise that point now in face of the definite assurance which was given by the Leader of the House last night that this point has received attention and would be dealt with during the Report stage?
No doubt the hon. Member for Somerset will now allow the Question to be put.
Question put, and agreed to.