House of Commons
Wednesday, July 18, 1917
Education (Scotland)
Copy presented of Report of the Committee of Council on Education in Scotland in 1916–17 [by Command]; to lie upon the Table.
Public Works Loans Bill
Return presented relative thereto [ordered 16th July; Mr. Baldwin ]; to lie upon the Table, and to be printed. [No. 111.]
Army
Copy presented of Report of the Committee on Promotion of Officers in the Special Reserve, New Armies, and Territorial Force, together with a Note by the Army Council [by Command]; to lie upon the Table.
Ministry of Food
Copy presented of the Public Meals Order, 1917, as amended by the Public Meals Orders (Nos. 2 and 3), 1917, the Stone Fruit (Jam Manufacturers' Prices) Order, 1917, the Intoxicating Liquor (Output and Delivery) Order (No. 2), 1917, and the Raspberries (Scotland) Delivery Order, 1917, made by the Food Controller under the Defence of the Realm Regulations [by Command]; to lie upon the Table.
Oral Answers to Questions
War
Dock Facilities, Dublin
asked the First Lord of the Admiralty if he is aware that a dry dock, suitable for repairs to small ships, 220 feet by 50 feet was filled in at Ringsend, Dublin, and is at present being used as a coal bank; if, having regard to the demand for shipbuilding and repairing facilities, he will request the owners of this property to put it to its rightful use; and if he will state the names of the owners and how it came into their possession?
There was an old dock in use twenty years ago. It fell into disuse, and was filled up several years ago. The land is now occupied by a coal yard, and would require very considerable capital expenditure to make it of service. If reconstructed, the use of the dock would be limited to vessels of a small size. The second part of the question is a matter presumably for the Shipping Controller in the light of the facts just given. I have no information as to the last part of the question.
Seamen's Kit
asked what action, if any, has been taken during the War to minimise the cost to the seaman of the upkeep of his kit, having regard to the rise in prices of clothing materials in this country; and what arrangements have been made towards providing him at Government expense with such additional clothing equipment as he requires to meet the exigencies of war service, whether by way of supplementing his kit or otherwise?
With regard to the first part of my hon. Friend's question, the practice in peace time is for the prices at which clothing is sold to the seamen to be revised annually upon the basis of actual cost. When the first revision of prices became due after the outbreak of war, the question of relieving the seamen of the full burden of the enhanced cost was considered, and it was decided that in revising the prices each year during the War the rule should be adopted not to advance the price of any article more than 10 per cent. each year, whatever the actual increase of cost might be. A revised list of prices on this basis was issued in 1915 and again last year. This year, however, it has been decided, as a further concession, not to make any increase at all in the prices, and the revised prices brought into force last year, which are generally very considerably below cost prices, will therefore continue without alteration. With regard to the second part of the question, special arrangements have been made to provide the men at Government expense with such extra clothing as is required for their protection and comfort under war conditions. For example, a gratuitous issue of warm clothing, including winter cap, woollen drawers, jerseys or cardigan, comforter, gloves, mittens, thick socks and stockings has been made each winter to men serving afloat in home waters and on other cold stations. Conversely, special light clothing has been approved to be supplied to men on tropical stations. The establishments of protective clothing, such as Duffel suits or coats, oilskin suits, sea boots, and watch coats, carried by His Majesty's ships for issue on loan to ships' companies, have been considerably increased in order to provide for all contingencies. Every man is supplied with a life-saving belt, and special protective equipment is provided for use as necessary.
Would it not be possible for the Government to provide for the upkeep of men's clothing?
That raises a very large question.
Allied Naval Forces, Mediterranean
asked whether there is one supreme naval commander of the Allied naval forces in the Mediterranean; if so, whether, with due regard to national safety, he can state that officer's name; and, if there is no such supreme command, whether the position will be reconsidered with the view of strengthening the combined naval efforts of the Allies?
The supreme naval command in the Mediterrannean is in the hands of Vice-Admiral Gauchet, the French Commander-in-Chief.
Naval Petty Officers and Men (Pensions)
asked why petty officers and men of the Navy who have completed time for pension since the outbreak of hostilities only receive an extra 2d. a day detained pay and, in the case of petty officers, only receive the extra allowance. on their pensions for petty time in addition to detained pay, while petty officers and men who completed time for pension before the outbreak of hostilities and have been called up for service receive their full rate of pension in addition to the full pay and allowance for which they are qualified; and whether the Board of Admiralty will now allow petty officers and men who have completed time for pension since the outbreak of hostilities to draw their pensions in addition to their full pay and allowances, in a similar manner to petty officers and men who completed time for pension before the outbreak of hostilities?
The position of men who have completed time for pension since the outbreak of war is receiving the consideration of the Board.
Lombartzyde Battle
asked the First Lord of the Admiralty whether he is in a position to make a statement as to the extent of the naval co-operation in the recent coastal battle on 11th July at Lombartzyde, when our military forces had to yield ground on the coast?
My right hon. Friend the First Lord is not prepared to discuss this question in public, as it is obviously not in the public interest to give such information to our enemies.
Air Services
Royal Naval Air Service
asked whether members of the Royal Naval Air Service are allowed to go up and attack enemy aeroplanes whilst flying over land or only over the sea?
The Royal Naval Air Service work in the closest co-operation with the Royal Flying Corps in regard to home defence, and invariably attack enemy aircraft whenever and wherever seen.
Does that answer my question?
Certainly.
They are allowed to attack over land and sea?
Certainly.
Royal Visit to Southend (Aeroplane Escort)
asked whether the aeroplanes that escorted Princess Mary on her journey to Southend-on-Sea were fighting aeroplanes?
I am informed that Princess Mary was not escorted by any aeroplanes of the Royal Plying Corps.
Can the hon. Gentleman account for the fact how all the London newspapers stated that she was?
I am responsible only for my own office.
Royal Flying Corps
asked the Undersecretary of State for War whether members of the Royal Flying Corps are allowed to attack enemy aeroplanes whilst flying over the sea or only over the land?
The Royal Flying Corps are allowed to attack hostile aircraft over land or sea.
Is the hon. Gentleman satisfied that there is sufficient cohesion between the naval and the land Aid Services?
Yes, Sir.
Aeroplane Spare Parts
asked the Under-Secretary of State for War whether a large number of aeroplanes have recently been out of action owing to the lack of spare parts; whether the manufacturers are instructed to supply a sufficient number of spare parts for every machine made; and will he say who is responsible for deciding that the proportion of spare parts is requisite and for seeing that such a proportion is consistently maintained?
The answer to the first and second parts of the question is in the affirmative. As regards the third part of the question, the proportion of spare parts per machine is decided by the two Services, who prepare the schedule referred to. Additional spares required for the further maintenance of machines beyond the original spares are ordered by the Supply Department on receipt of requisitions from the Services.
Is it a fact that this shortage of spares is affecting the training of our pilots, and also that several brand-new machines, such as Spads, have recently been dismantled in order to provide requisite spares for similar machines?
Every effort is being made to effect a remedy, but the large number of new machines has overtaken the supply of spares, which were not available. Everything is being done, however, to ensure a supply.
Does the hon. Gentleman think there is sufficient cohesion between the Royal Flying Corps and the Royal Naval Flying Corps?
Yes, Sir; but that does not arise out of this question.
Allies Conference (Paris)
asked the Secretary for Foreign Affairs whether he can give any information concerning the impending Conference of the Allies in Paris to consider the military and political situation in the Balkans; and whether the same Conference will consider, at the request of Russia, the existing treaties, other than the Pact of London, which the Provisional Government of Russia desires should be reconsidered?
I have no information to give as to the subjects which will be discussed at the approaching Paris Conference beyond that which is already in the hon. Gentleman's possession.
asked whether a date has yet been fixed for the Conference in Paris to reconsider the peace aims of the Allied Powers; and whether the representatives of the American Government and of the Belgian and Servian Governments have been invited to attend this Conference?
No date has yet been fixed.
The right hon. Gentleman has not answered or attempted to answer the latter part of my question whether the representatives of the American Government and the Governments of Belgium and Serbia have been invited to attend the Conference?
The day has not been fixed. The whole suggestion comes from Russia, and presumably the invitation will be a Russian invitation. Nothing, so far as I am aware, has been settled on the point to which the hon. Member refers. A great deal obviously turns upon the date on which the Conference is to be held.
Will the right hon. Gentleman give us an assurance that Lord Hardinge will not be sent to this Conference?
That does not arise out of this question.
Greece
King Alexander
asked whether the King of Greece has committed any breach of constitutional conduct; and, if so, whether the Allies will consent to his continued occupancy of the throne of Greece?
asked the Secretary for Foreign Affairs whether the new King of Greece has refused to sign a decree presented to him by M. Venizelos summoning the Greek Chamber; and whether he will make a full and frank statement on the situation in Greece and the Balkans on the Vote of Credit?
I have nothing to add to the reply returned to the hon. Member for North Somerset on the 17th instant. That reply by my right hon. Friend (Lord R. Cecil) was in the following terms: "Greece is at present in process of settling down to a constitutional regime after the abnormal events of the last two years. I do not think anything would be gained by discussing points of detail during this period of transition." I must ask the House to accept that.
Are we to take it as a point of detail that this new King, who was nominated by the late King Constantine, has refused to sign a decree call- ing the Greek Chamber which was laid before him by M. Venizelos? Is that a point of detail?
The point is entirely covered, really, by my answer. The point is this, that it is not in the interests of Greece that her affairs during this period of transition should be discussed in foreign Parliaments.
Do I understand that the right hon. Gentleman will not make any statement as to the situation in Greece on any condition on the Vote of Credit?
That must depend on what the condition is, and what statement it is possible to make. That is quite a different thing from answering questions put on the responsibility of hon. Members dealing with separate details, which I do not think it is in the interests of Greece should be discussed.
Can the right hon. Gentleman say if he considers that it is in the interests of Greece that this nephew of the Kaiser should refuse to obey the Constitution?
What has that got to do with the question on the Paper? My sole point is this: Greece is working out, and rapidly working out, and I believe successfully working out, her own salvation. Do not hamper her task.
rose —
Order.
Is the right hon. Gentleman not aware that this country under two Treaties has guaranteed to Greece Constitutional Government, and is he supporting the new King in making the Government unconstitutional?
It is because we have guaranteed Constitutional Government to Greece that I make this appeal to the House.
Questions
Passports for Emigration
asked why a passport to Canada has been refused to Mr. J. Hunt, 111, Mersey Street, Warrington, whose wife and seven children are living near Toronto, and who is anxious to join his family, seeing that this man is over military age and his application for a passport was endorsed by the Mayor of Warrington; and whether the decision of the passport office will be reconsidered?
Mr. Hunt, whose age is forty-four, is domiciled in this country and is engaged in useful employment here. His application was considered by the Director-General of National Service, and was refused in accordance with the general policy that British subjects engaged in or capable of work of national importance should not be granted passports for purposes of emigration at the present time. If there are any special or urgent circumstances connected with the case it will be again considered, if further representations are made.
Rhodesia (Native Reserves)
asked the Secretary of State for the Colonies how many natives are on the million acres of native reserve land which it is proposed to alienate from the reserve areas; and what steps have been taken to provide new areas for and compensate the natives in the event of their ejection?
The decrease in the total area of the reserves is the result of a number of adjustments in different places, and it is difficult to give the exact number of natives affected. The total existing reserves are about 20,000,000 acres, with a population of about 400,000, giving about 50 acres of land per head. The rearrangements recommended by the Commission involved reductions of 6,000,000 acres and increases of 5,000,000. The resulting changes have engaged the careful attention of the Commission, and I would refer the hon. Member for details to their Report, which will shortly be laid.
Is it not a fact that the area of native reserves in Rhodesia is considerably greater than the area of reserves in any other territory in South Africa, with the exception of one Protectorate in which the climate is largely unsuitable for Europeans?
I would not like to commit myself exactly to that, but I believe that it is true.
asked whether the Rhodesian Chartered Company's claim to the commercial ownership of the entire land of Rhodesia, with the exception of land alienated to white men, also includes the claim to the commercial ownership of the whole of the native reserves; and whether, as stated by Sir Starr Jameson, His Majesty's Government has sanctioned cutting down these reserves by over a million acres, which will be immediately at the disposal of the public in the interests of the commercial accounts of the chartered company?
The company's claim no doubt extends both to land within and without the reserves. Whether they own it as a private or only as a public asset is a question for the Privy Council to decide.
Will the hon. Gentleman guarantee that this land will not be alienated until that question has been settled?
No; I do not think it possible to give any such guarantee, but the whole question of what can be done will, I imagine, follow the decision on a reference to the Privy Council.
Does the hon. Gentleman mean that the Government has given its sanction? He did not reply to the latter part of the question, but I assume that no such sanction has yet been given.
I think that no sanction has yet been given, definitely.
Food Supplies
Sugar
asked the Secretary of State for the Colonies whether any intimation has been definitely conveyed to the sugar growers of the Empire that on the cessation of hostilities they will be granted a preference in the market of the United Kingdom over sugar produced in Germany and Austria?
I am not aware that any definite intimation of the kind referred to has been conveyed to sugar growers.
Is it not time to let the Dominions know that they will receive this definite preferential treatment over Germany and Austria at the end of the War?
That raises a great question of policy.
Are we on the side of the Colonies or on the side of the Germans—that is what I want to know?
As sugar is such an important article of food, is it not time that this Government should take steps to have sugar beet grown in the United Kingdom?
Freights
asked the President of the Board of Trade if his attention has been called to the fact that a steamer has just arrived in this country from the States with wheat and flour; if he is aware that the Ministry of Shipping charged no less than 93s. 5d. per ton on wheat and 108s. 9d. on flour; if he is aware that the amount paid to the company owning the vessel for this service was 10s. per ton on time basis; if he is aware that every extra 10s. per ton charged for carrying wheat to this country is an extra charge of at least one halfpenny upon a 4-lb. loaf; and whether he intends taking any action in the matter?
asked the Parliamentary Secretary to the Ministry of Shipping (1) if the steamship "Westmoor" recently completed a voyage under the direction of the Ministry with a cargo of wheat from a northern range United States of America port to the United Kingdom; whether the receivers of the cargo were the Co-operative Wholesale Society, Messrs. Spillers and Baker, Limited, and Messrs. Sclater and Procter; whether this wheat cargo was in fact for the account of the Wheat Commission; if so, why was the freight fixed by the Ministry at 19s. 3d. per quarter, or about 89s. per ton, while the amount paid to the company owning the vessel was about 9s. per deadweight ton on time basis for this six-weeks' round voyage; for what reason the consumers of wheat in England are deprived of the benefit of the 9s. and are saddled with the burden fixed by the Ministry at 89s. per ton and collected by the Ministry on this basis; (2) whether the steamship "Exmoor" recently arrived in a United Kingdom port from the other side of the Atlantic with a cargo of wheat and flour, the rate of freight on which was fixed and charged by the Ministry of Shipping at 20s. 3d. per quarter, or 93s. 5d. per ton on the wheat and 108s. 9d. on the flour; whether the amount paid to the company owning the vessel for this service was about 10s. per ton on time basis for this seven weeks' round voyage; whether there was any precedent in 1914, 1915, or 1916 for a toll of 93s. 5d. per ton on imported American or Canadian wheat or 108s. 9d. on flour; and for what reason the Ministry exacted this toll from the British consumer?
These three questions deal with the same point, namely, the allegation that the Ministry of Shipping is charging an excessive freight rate on grain from North America. As I explained to my right hon. Friend the Member for Hartlepool, on 11th July, the course taken in making these entries on the bill of lading, for which there are good and sufficient reasons, entails no burden on the consumer in this country, who pays the actual cost of carriage and no more.
Will the right hon. Gentleman kindly say if there are two prices charged in the shops, one for bread, wheat or flour which comes by these ships, and another price for bread, wheat or flour which comes by neutral or other ships?
No; there is one price only charged by the Wheat Commission to the consumer. It is the actual cost of the food itself, plus the actual cost of the carriage.
Then why is the price of the 4-lb. loaf so high at the present time?
Is it not the case that the food brought on British ships is charged more than the actual 9s. paid for carriage?
I have said again and again that the Wheat Commission charge the actual net cost of carrying the goods.
But if 9s. only is paid to the carriers, 9s. is the cost of the carriage?
Whatever the actual cost is, that is paid by the Wheat Commission, and no more.
Is it not the case that the figure charged by the Shipping Controller is an artificial charge, and that the actual charge is 9s., which is paid to the shipowner?
I have tried to explain, as clearly as words at my command will allow, that the figure in the bill of lading is a purely fictitious figure— [HON. MEMBERS: "Why?"]—put in for reasons which I shall be pleased to explain to my hon. Friend or any hon. Member, and if that answer will not give satisfaction, I am sure another question will be put on the Paper.
Will the hon. Gentleman kindly explain, if the freight is so low, why the price of the 4-lb. loaf is so high?
As my hon. Friend knows, and I have stated quite clearly to this House, the actual freight on corn is not a substantial factor in the cost of bread.
Who is getting the difference between the pre-war rate of 6s. and the present price? Is it the shipowner or the Government, or are the consumers paying?
No one has got any such difference as is suggested by the hon. Gentleman.
Was not the pre-war rate 6s., whereas now it is over 90s.?
Further questions should be put down.
Questions
British South Africa Company
asked whether at the outbreak of war the Colonial Office consented to finance the war operations of the British South Africa (Chartered) Company; if so, how much has been advanced to the company up to the present time; on what conditions; and whether the advances made are to be returned or are in any way made a charge on the company's income or properties?
The answer to the first part of the question is in the negative, but advances have been made to the company from time to time in respect of extraordinary war expenditure on the same terms in regard to interest as advances to the Dominions. The amount advanced to date is £700,000. The question of the responsibility for such expenditure remains to be settled, and the advances have been made without prejudice to the ultimate settlement of this question.
Is it not a fact that the British South Africa Company has not itself engaged in any military operations at all, but that the forces which it has always maintained have been taken over and used by the Crown for military operations?
What was the extraordinary war expenditure which they have got to deal with?
The hon. Member must not take me as assenting to the statement that the company entered into extraordinary war expenditure as such. That question will come up later; but the expenditure that has been incurred is in connection with the policing of the borders of the protectorate between German East Africa and Rhodesia during the continuance of hostilities in the former country.
Military Service
Conscientious Objectors
asked the Under-Secretary of State for War whether drafts for the infantry are being made from men in the Royal Army Medical Corps at Blackpool who joined that service on conscientious grounds and are deprived of the opportunity of stating a case before a tribunal?
Instructions have been issued under which any men drafted from the Royal Army Medical Corps who claim to be conscientious objectors to combatant service will have their claims investigated, and if they are substantiated the men will be transferred either to the Non-Combatant Corps or back to the Royal Army Medical Corps.
By whom are these things to be investigated?
By the War Office.
Is that retrospective?
Yes.
James Brightmore
asked the Undersecretary of State for War whether he can now state the result of his inquiries into the case of James Brightmore, who was confined in a pit 12 feet below the level of the ground for eleven days and nights in Cleethorpes Camp, and for four days of that time obliged to stand ankle deep in mud and water; and whether, if this form of punishment is considered excessive and unjust, any redress will be given to the man who has suffered it?
asked the Under-Secretary of State for War if he can now make his promised full statement on the Brightmore case?
The allegations made are substantially correct, I regret to say, and the case arose firstly because Private Brightmore was not given the option of trial by court-martial, but dealt with summarily by his Commanding Officer; and secondly, because, having been awarded detention he was not committed to a detention barrack in accordance with regulated proceedings. My hon. Friends will be glad to learn that the matter was brought to the attention of the Director of Personal Services on the 28th June, and on the same day that officer caused the dispatch of a staff officer to Cleethorpes Camp to specially investigate and interview Private Bright-more, as also any more conscientious objectors who might be with that unit, and to hear their complaints. As a result the irregularities immediately ceased. I would add that the Army Council take a grave view of the action of the authorities responsible for these irregularities, and are considering what further action in the matter will be appropriate.
Has the hon. Gentleman considered the question of making any amends to this man for the torture which he has suffered, and would it not be humane to liberate him immediately?
May we take it that my hon. Friend's answer means that the officers responsible for this will be brought to severe punishment? And, without pressing him to-day, will he be prepared to make a further statement on the question to the House?
I do not think that I can reasonably be expected to add anything further to the latter part of my answer, in which I say that the Army Council take a grave view of the action of the responsible authorities.
Who are these officers?
Those primarily responsible would be the brigadier-general and the officer commanding the battalion.
Will the hon. Gentleman answer the latter part of my question, whether any redress will be given to the man who has suffered this illegal punishment—that is down on the Paper?
Overstaying Leave
asked the Under-Secretary of State for War if he has any knowledge of death sentences being passed upon men in France who have overstayed their leave at home; and whether he will state what punishment is usually given for such conduct?
In view of the provisions of Section 15 of the Army Act, such a situation as is suggested by my hon. Friend cannot arise. The punishments suitable will be found by reference to paragraph 583 (11) of the King's Regulations, and the degree of severity depends upon the attendant circumstances.
Yeomanry
asked the Undersecretary of State for War whether promotions in the Yeomanry are being antedated to 1914 and those in the Artillery only to 1916; and, if so, why both are not placed on the same footing?
Substantive promotions are being carried out from the same date in each of the two arms mentioned. In some cases the "Gazette" notice includes the retention of a temporary rank from a back date.
South Staffordshire Regiment
asked the Under-Secretary of State for War whether he is aware that Private Henry Degwell, No. 37735, E Company, South Staffordshire Regiment, was enlisted at Lichfield, and has since been sent overseas, although he was under treatment for tuberculosis at the time when called up for military service; and whether, in view of Army Order 908, of 1916, he will order the return to England and discharge of this man so as to save him from further strain upon his health as well as to avoid the chances of infection of his companions in arms?
The medical authorities in France have been instructed to arrange for this man to be medically boarded with a view to his return to England for discharge. I am making further inquiries as to the circumstances in which he came to be accepted for service.
Labour Battalion
asked the Undersecretary of State for War whether he is aware of the fact that the men on the labour battalion transport work at Dunkirk are compelled to work under conditions that does not obtain in the port of Le Havre; whether, having regard to the fact that these men, who are dockers and many of whom are sixty years of age, are constantly working in the danger zone, subjected to air raids and bombardment from the enemy, making adequate sleep and rest impossible, have still to work seven days a week, and are frequently even without bread, he will take immediate steps to remedy a state of affairs causing discontent among the men?
I understand that these labour men work continuously in shifts of eight and a half hours, with a rest of half an hour. This arrangement was made at the request of the men. The weekly day of rest has lapsed on some occasions recently owing to stress of work, but will be resumed when conditions permit. No complaints as to food have been received in respect of the units which I understand my hon. Friend to have in mind.
Exemption on Grounds of Ill-Health
asked the Undersecretary of State for War whether a man who was rejected by an Army medical board on 8th March, 1916, but not given a rejection paper, and was given absolute exemption on grounds of ill-health by a military Service tribunal on 23rd March, 1916, is not liable to be called up under the Military Service (Review of Exceptions) Act, as it is understood was stated by the chairman of the London Appeal Tribunal on Thursday last after consultation with the military authorities?
The Military Service (Review of Exceptions) Act, 1917, applies only to men who were previously excepted from, and therefore not liable for, military service. The fact that the man to whom my hon. Friend refers obtained exemption from the tribunal in March, 1916, appears to indicate that he was not excepted from liability, since if he had not been liable there could have been no reason for his applying for, or obtaining, exemption. It was decided by the High Court in a test case that rejection did not necessarily involve discharge from military service. If this man is not a man to whom the Military Service (Review of Exceptions) Act, 1917, is applicable his certificate of exemption remains valid unless and until withdrawn by the tribunal. If, however, he was in March, 1916, in fact an excepted man and not liable for military service, the certificate granted by the tribunal had no validity, since it was a purported exemption from a liability to which he was not subject. In this case he is liable to be sent a notice under the Military Service (Review of Exceptions) Act, 1917, upon which he has the right of making a new application to the tribunal within thirty days of the notice. If my hon. Friend will give particulars of the man in question inquiries can be made as to his exact position.
Overseas Leave
asked the Undersecretary of State for War, whether he is aware that a draft is being sent on foreign service from the horse transport section, Army Service Corps, stationed at Blackheath, without any of the men included having had an overseas leave; if he is aware that the last draft sent on foreign service from this unit was sent under similar conditions with regard to overseas leave; and whether he will endeavour, if reasonably possible, to get the departure of the present draft delayed until the men have had an opportunity of visiting their families?
I understand that the men of this draft who are under orders for overseas have been given embarkation leave A smaller draft under orders has also been given three days' leave, but owing to their special destination I regret this cannot be extended. The last draft left without special embarkation leave owing to their being urgently required overseas, and I am sorry that this cannot always be avoided.
Mechanical Transport Department
asked the Undersecretary of State for War whether he will take action to redress the grievance of a soldier who, after passing the trade test for the Mechanical Transport Department at South Farnborough, was sent for to see an officer, who asked him if he would sign for a period of four years followed by four years in the Reserve instead of for the duration of the War, the inducement held out to the soldier by the officer in question being that men who enlisted for four years followed by four years in the Reserve would belong to the Royal Flying Corps, and if any men had to be transferred from the Royal Flying Corps into the infantry it would not be the men who so enlisted but those who had enlisted for the duration of the War, the men enlisting for four years being subject to transference into the Navy alone, if transferred at all, whereupon the soldier signed on for the longer period in response to the inducement held out to him, and yet has just recently been transferred into the Infantry?
I think that the man to whom my hon. Friend refers must have been taken for the normal period of service in peace. I have no information as to what took place at the interview, but I am afraid that the man must have got a wrong impression of what was said to him, as all officers of the Royal Flying Corps who deal with recruits have been aware of the provisions of the Army (Transfers) Act, 1915.
Calling-Up Notices Pending Appeals
asked the Undersecretary of State for War whether his attention has been called to the proceedings of the House of Commons Tribunal on 21st June, at which the military representative stated that the authorities had power under an Order in Council to send a calling-up notice to men whose appeals were still pending and to insist on its taking effect; and whether, in view of the instructions in the Notes on Administration that no man can be called to the Colours until his case is finally disposed of, he will take steps to inform the military representatives and the public accordingly?
I am informed that no such statement as is attributed to the military representative at the House of Commons Tribunal was made by him on the 21st June or at any other time. It is a fact, however, and was applicable to a case before the tribunal on that date, that where a man's application has once been finally disposed of by the tribunal, an application for a rehearing does not preclude the man being called up and that under the Additional Regulations for tribunals under the Military Service Acts, 1916, made by Order in Council on the 23rd February, 1917, a case cannot be reheard after a notice has been sent to the man calling him up for service with the Colours except with the consent of the Army Council.
Medical Certificates
asked the Prime Minister whether his attention has been called to the practice of the War Office which forbids a-la-suite officers to give a certificate as to the physical condition of any man likely to be brought before a tribunal; whether this prevents men getting medical certificates from their own doctors; and whether he will take steps to have this injustice removed?
There is no objection to such officers furnishing statements as to the physical condition of individuals for the information of Medical Boards to assist them in forming an opinion.
Is it not the case that the Army Council Instruction forbids any Royal Army Medical Corps officer giving a certificate regarding a man's illness?
I believe that is so.
Will the hon. Gentleman not see that the opinion is available to the Board when the Royal Army Medical Corps officer in civil practice has been medically attending on the man affected?
My personal view is the request is a very reasonable one, and I will call the attention of the Department to it.
The hon. Gentleman promised the House, in connection with the Revision of Exceptions Bill, that medical certificates would be taken into consideration by medical boards, and how can those certificates be obtained if Army doctors are prevented from giving them?
My hon. Friend's suggestion does not refer to medical boards, and, if he will read the question, which gave me a great deal of trouble this morning, he will see it refers to medical certificates before tribunals. I gave him a definite answer.
Military Drafts (Refreshments)
asked the Financial Secretary to the War Office whether the practice of allowing officers in charge of drafts travelling long distances of incurring expenses in refreshments has been stopped; and, if so, why has this action been taken?
I am not sure to what my hon. Friend refers, and I have written to him for further particulars.. I will look into the matter on receipt of his reply.
Officers' Training (Pay)
asked the Financial Secretary to the War Office whether a non-commissioned officer who is recommended by his commanding officer for a commission receives his pay as a noncommissioned officer during the time he is at an officers' training school?
Subject to certain conditions, as regards acting rank, the reply is in the affirmative.
Prisoners of War
asked the Under-Secretary of State for War whether the agreement as to prisoners recently concluded provisionally at The Hague Conference has yet been ratified by the German Government; and whether he is now in a position to communicate its terms to this House?
The answer is in the negative. The British Minister at The Hague will let us know as soon as he hears that the agreement has been ratified.
Escape from Donington Hall
asked the Undersecretary of State for War whether he can give any explanation of the circumstances under which two German officers recently escaped from Donington Hall; how many previous escapes from the same place have been recorded; whether prisoners are at any time given permission to go outside the grounds of Donington Hall; whether they are allowed to receive civilian visitors; can he say how the escaped prisoners came to be supplied with civilian clothing, and will an inquiry be ordered into the present administration of Donington Hall?
asked the Secretary of State for the Home Department whether the three inmates of Donington Hall who escaped on Saturday last have now been recaptured: if so, will he say whether they will as a punishment be confined in cells 6 feet by 9 feet, as are-British officers who attempt to escape in Germany; will he explain how these officers have been described as having made their escape in civilian clothes; and will he arrange to dress officer prisoners whose uniforms are no longer serviceable in disused scarlet serge or some similar noticeable uniform?
I am informed by the military authorities that they have not yet received a report from the Commandant of the Camp at Donington Hall as to the circumstances under which German officers have recently escaped from that camp or how they obtained civilian clothing. All German officer prisoners are obliged to wear uniform under all circumstances. Two of the three officers have already been recaptured. Four officers escaped or attempted to escape from Donington Hall in 1915. In accordance with a reciprocal agreement with the German Government, prisoners at Donington Hall are permitted to go out-side the grounds on parole, and are accompanied by an officer and an orderly. Permission is given at the discretion of the Commandant for these prisoners to receive civilian visitors. The recaptured officers will, on conviction, be sentenced to an appropriate term of military confinement at Chelmsford. The question of an inquiry will be considered on the receipt of the Commandant's report.
Are we to understand that it takes over a week to bring a letter from Donington Hall to the War Office, and that the War Office does not immediately ask for an explanation; and, further, can he say, as Donington Hall is surrounded by barbed wire which is connected with electricity which gives a great alarm if touched, how were these officers able to get outside the immediate grounds of the house and outside the whole estate?
I presume it is the duty of the Commandant to report at the earliest possible opportunity. I am afraid I can only repeat the information that is supplied to me.
Can the hon. Gentleman say whether those German prisoners are allowed to receive private parcels from Germany?
All prisoners, officers and men, are allowed to receive parcels in both countries.
May I ask whether he has sufficiently assured himself that the German authorities are adhering to the terms of the agreement referred to?
I know that in a great many places they are. I have not heard any complaints that they are not—at any rate recently.
Are German prisoners allowed to receive parcels not only from Germany, but from persons in this country?
Yes, I believe they are.
Is it not the case that all such parcels are most carefully examined at Donington Hall before they are delivered?
Certainly.
Government Contracts (Lyons and Company)
asked the Undersecretary of State for War whether any contracts or orders to provide troops with goods of any description have been given to the firm of J. Lyons and Company, Limited, since their conviction for supplying putrid meat to the troops at White City, Hammersmith, early in 1915; if so, what was the nature and character of the contracts or orders so given?
Invitations to tender for Army contracts were withheld from this firm after the occurrence referred to until April last, when it was decided again to allow them an opportunity of competing. They now bold a contract for baking bread from Government flour for the troops at various stations.
General Townshend
asked the Under-Secretary of State for War whether he has any information concerning the present place of internment in Turkey of General Townshend; and whether he has any news concerning the state of the General's health?
I am informed by the military authorities that, so far as they are at present aware, General Townshend is interned at Constantinople, and that his state of health appears to be excellent.
Munitions
Sir W. Robertson
asked the Under-Secretary of State for War (1) whether he can state at whose instance the order was given to the Press to suppress in the report of the meeting addressed by the Minister of Munitions at Plumstead the fact that Sir William Robertson also appeared and spoke; and whether the reason can be given for this suppression; (2) whether he attended on Friday evening a meeting of munition workers; whether he was accompanied by Sir William Robertson, Chief of the Imperial General Staff; and whether he gave directions to the Press Bureau that no full or uncensored accounts of this meeting should appear in the Press?
asked the Undersecretary of State for War (1) whether it is part of the duties of the Chief of the Imperial General Staff to address meetings; whether Sir William Robertson frequently addresses meetings at the wish of the Army Council or on his own initiative; in particular, why he went on Friday evening last to address a meeting at Woolwich; and whether in future Sir William Robertson will be instructed to make fewer public speeches; (2) whether he is aware that a meeting of Woolwich munition workers was addressed last Friday evening by the Minister of Munitions and the Chief of the Imperial General Staff; whether the instructions given by the Press Bureau were to prevent Sir William Robertson's name being mentioned in this connection; if so, at whose request was this direction given; and what reason can be given for the reticence shown concerning this meeting?
My right hon. Friend the late Minister of Munitions asked Sir William Robertson to accompany him to Woolwich to a meeting of munition workers and to address them. At first Sir William Robertson expressed unwillingness to comply, but he consented on being assured that it was in the public interest that he should do so. He compiled some notes of what he proposed to say, and at the request of my right hon. Friend he gave them in advance to the Press Association. He intended to express to the meeting the thanks of the Army for the work they had done, and to impress upon them the necessity for continuing to produce the maximum output of munitions. In face, however, of the interruptions to which he was subjected Sir William Robertson failed to deliver his speech. Accordingly he asked the Press Bureau to tell the Press to refrain from publishing the speech; and as he understood that the interruptions which brought about the failure were not concerned with himself, he informed the Press Bureau also that he thought it better that no mention of his share in the visit should be made. An erroneous impression might easily have been created that the interruptions indicated an attitude on the part of the meeting either critical of or hostile to the soldiers whom he was representing on the occasion. I should add that no instructions on the subject were given to the Press Bureau by the Minister of Munitions.
May I ask whether it is considered by the Government in the public interest to limit the liberty of the Press, and whether this tamer of Hindenburg is anything but a muzzler of the Press?
Aeroplanes
asked the Prime Minister whether, in view of the need for more aeroplanes, he can give any reason why the workers in the aeroplane shops of certain large factories in Birmingham, Bolton, and elsewhere are now on short time?
There are two contractors for aeroplanes in Birmingham, and both have a large number of aeroplanes on order. In Bolton there are no aeroplane factories. As regards the rest of the country, there are a few cases where the work on certain components is ahead of the work on other components, and this unbalancing may cause some temporary diminution in the working hours on this particular operation or process. This is not singular to aeroplane factories, but occurs to a slight extent in all industries.
Have the Government any idea of the output of aeroplanes in Germany; if so, are they keeping pace with them?
That question had better, I think, be put down.
Questions
Promotion of Officers
asked the Under-secretary of State for War whether he is aware that discontent exists over the prolonged delay on the part of the War Office in giving effect to the recommendations of the Committee which recently considered the question of promotions in regard to Reserve of Officers, Special Reserve, and Territorial officers; whether he is aware that numerous cases exist of such officers attached to Regular regiments who have served for eighteen months and upwards at the front who have been decorated for their services, and during that period frequently held the post of acting captain, have received no substantive promotion and are often reverted to positions of second-lieutenant and placed under officers who have seen little or no active service but are Regular officers in the regiments to which they are attached; and whether he proposes to take any action in the matter?
I will lay the Report on the Table to-morrow with a note showing how far the recommendations have been approved by the Government.
Representation of the People Bill
asked the Prime Minister if he is aware that any attempt to leave Ireland out of the Representation of the People Bill will be resented by all classes in Ireland; and if he will state the Government's proposals in the matter?
I think the hon. Member had better wait till we come to that part of the Bill.
Local Government
asked the Prime Minister if the Government have set up a Committee to consider the question of local government after the War and, if so, what are the references to such a Committee; and can he state the names of the persons appointed on it?
I would refer the hon. Member to my answer to an un-starred question which appeared on the Paper in the name of the hon. Member for North Somerset on Monday last.
Mesopotamia Commission
Government Decision
asked the Prime Minister whether, in view of the need to avoid waste of public time and money and to prevent the removal of public servants from their posts to give evidence, and in order not to commence a lengthy series of inquiries, he will submit the following issue to the House: namely, whether it accepts generally the findings of the Commission it appointed to inquire into the Mesopotamia Expedition; and whether it resolves, while forbidding the further employment in high and independent office of the head of the Indian Administration and of the head, under him, of the Indian military authorities, to leave the other military officers concerned to be tried by courts-martial at their own option or at that of their immediate superiors?
asked the Prime Minister whether an opportunity will be afforded the House to vote on the question of the proposed Commission in regard to Mesopotamia?
The Government has given further attention to the question of the action which it ought to take in regard to individuals whose conduct was criticised in the Mesopotamia Commission's Report.
In view of the considerations urged during the recent Debates, and the objections raised to further inquiry (as a preliminary to executive action) in the case of the persons implicated in this Report, whether the inquiry were by any existing tribunal or by a Special Statutory Court to be set up for this purpose, His Majesty's Government has decided not to proceed further with their former suggestion.
In coming to this decision they have also been influenced by the undesirability of diverting the thought and energies of the Legislature and Executive, at this critical time, from the prosecution of the War. As regards the soldiers, the Government have decided that they should be dealt with by the Army Council in the ordinary way. The decision of the Army Council as to the action taken by them will be announced as soon as possible.
As regards Lord Hardinge, the Government, on the representations of the Foreign Secretary, who alone is in a position to judge, has decided that it would be detrimental to the public interest if the Foreign Office should be deprived, at the present juncture, of the services of Lord Hardinge as Permanent Under-Secretary of State, and has, therefore, refused his resignation, which has been for the third time proffered.
May I ask the right hon. Gentleman whether he will give an early opportunity to the House of Commons to review that decision?
As I stated, in answer to a question, one of the reasons for the decision is that in our opinion, after the two days' recent Debate, sufficient time has been occupied with the subject. There are opportunities open to the House in the ordinary way. The Adjournment, for instance, can be moved or a vote of censure on the Government can be moved; but, so far as we are concerned, we do not think any good will be obtained from further discussion.
May I ask the Chancellor of the Exchequer whether Lord Hardinge, who has done much service before, has not added to those services by offering his resignation, and will he not reconsider this the only feature connected with this matter which does not give general satisfaction?
Does the right hon. Gentleman not appreciate the services of the late Secretary of State for India?
I have already stated that if it had been in the power of the Government to refuse the resignation of my right hon. Friend we should have done so. It is in our power to refuse this resignation, and I have now announced the decision of the Government.
I beg to give notice that at the conclusion of questions to-day I shall ask leave to move the Adjournment of the House, as suggested by the Leader of the House, in order to raise the question whether the resignation of Lord Hardinge ought not to be accepted.
Has the right hon. Gentleman considered the effect of Lord Hardinge's retention in the Foreign Office, as the friend and confidante of the late Czar, will have on the American people?
I do not see how that question can possibly arise. Whatever justification there is for the desire to remove Lord Hardinge must be connected with the Mesopotamia Report, and the raising of other issues is simply a proof of prejudice against him.
asked the Prime Minister, in view of the fact that Lord Hardinge's twice proferred resignation was caused by circumstances which had nothing whatever to do with the Foreign Office, whether Lord Hardinge's desires were brought to his notice or before the Cabinet, or whether the refusal to accept the resignation was, as stated, the personal act of the Secretary of State for Foreign Affairs?
The refusal was the personal act of the Foreign Secretary.
Will Lord Hardinge's desire be brought once more to the notice of the Government?
Of course, the Government knew of it, and the announcement I previously made gives our decision upon it.
( at the end of Questions ): I ask leave to move the Adjournment of the House for the purpose of discussing a -definite matter of urgent public importance, namely, "the refusal of His Majesty's Government to accept the resignation of Lord Hardinge."
The pleasure of the House having been signified, the Motion stood over, under Standing Order No. 10, until a quarter past eight this evening.
Military Preparation in India
asked the Prime Minister whether he can see his way to publish the Memorandum submitted on the 30th January, 1914, by General Sir Beauchamp Duff's predecessor pointing out all the vital deficiencies of military preparation in India; and whether the Government of India ever transmitted this document to the Secretary of State for India or to the War Office?
As regards the publication of the document, I would refer to the reply given by my right hon. Friend the late Secretary of State for India on the 10th July to the question of my hon. Friend the Member for Gloucester. The Memorandum was received at the India Office from the Government of India.
Questions
Summer Recess
asked the Prime Minister whether he can now say when the House will rise for the Summer Recess?
I shall make a statement after questions in reply to a question as to the business which it is proposed to take before the Adjournment.
Indian Administration
asked the Prime Minister whether, in view of recent events and discussions, he will consider whether Indian administration might profitably be the subject of consideration by a Committee of the nature of one of the reconstruction Committees now considering domestic affairs?
I shall consider the hon. Member's suggestion.
May I ask whether the right hon. Gentleman will allow a discussion on the Motion which appears in my name on the Paper on Indian Government? ["That as liberty and a free union of free peoples has been the chiefest virtue and strength of the British Empire, that as our mission to extend self-government to subject races without regard to our advantage is now fortified by the war of democracy against autocracy, that as Indian peoples in this great war against tyranny have fought and died side by side with Englishmen, therefore, in the opinion of this House, the time has again come to give proof of our faith by extending to the peoples of India a generous measure of self-government and the assured prospect of complete freedom within the union of the British Empire."]
No, Sir; I can see no opportunity of giving a day for a discussion of that subject.
asked the Prime Minister if he proposes to give the House an opportunity of discussing Indian administration at an early date either upon the Indian Budget or otherwise?
I regret that I do not think it possible to afford an opportunity for this discussion before the Adjournment.
Public Expenditure (Select Committee)
Terms of Reference
asked the Prime Minister whether he can now state the suggested reference to the proposed Committee on Finance; and whether he intends that its sittings shall commence before the Recess?
I hope that the Committee will commence its sittings before the Adjournment, and the following are the proposed terms of reference: That a Select Committee be appointed (1) to examine the expenditure which is now being defrayed put of monies provided by Parliament, and to report what, if any, economies consistent with the execution of the policy decided upon by the Government may be effected therein; (2) to make recommendations in regard to the form of Parliamentary Estimates and Accounts, the system of control within the Department and by the Treasury, and the procedure of this House in relation to Supply and Appropriation, so as to secure more effective control by Parliament over public expenditure. The Committee may appoint one or more sub-Committees to investigate such matters as the Committee may deem necessary for the purpose of making such recommendations, and the Committee may appoint from outside its own body such additional members as it may think fit to serve on such Sub-Committees.
Is it proposed that this Committee shall have power to recommend the appointment of permanent Committees to supervise expenditure?
If the hon. Member will look at the second part of the terms of reference he will see that the Committee has power to make any recommendations dealing with the subject.
That subject is not, I take it, specially referred to?
Perhaps my hon. Friend will read the terms of reference?
Will the powers of the Committee include those to call for persons, papers etc.?
Of course; that power always rests with a Select Committee.
Air Raids
Compensation Scheme
asked whether the Government are prepared to grant compensation to all sufferers from air raids-irrespective of whether they are insured or otherwise?
The Prime Minister recently received a deputation on this subject and arranged that, in communication with the representatives of the deputation, a scheme should be worked out. This will be done forthwith, but I am not in a position to anticipate the details, which require careful investigation by the Departments concerned.
Will there be no necessity, then, to insure against air raids?
The hon. Member must wait until the details are arranged.
Questions
Wool Clip
asked the Chancellor of the Exchequer whether the Government have acquired the wool clip of Australia of 1917 for £40,000,000; whether the clip of 1916 has yet been shipped; if not, what proportion thereof still remains in Australia; will he say how many Departments of the Government have now authority to commit the country to large financial transactions of this nature; and whether he will arrange that the consent of the House of Commons shall be obtained before such purchases are made in future?
The answer to the first part of the question is in the affirmative; 75 per cent. of the 1916 clip has been shipped. The purchase was made on the authority of the; War Cabinet. Transac- tions of this kind, involving large payments abroad, require the previous authority of the Treasury or War Cabinet. The suggestion made in the last part of the question is impracticable.
Prince of Wales' Fund
asked the Financial Secretary to the War Office whether the arbitration between the Prince of Wales' Fund and the War Office has now been completed; what was the sum in dispute; and how much has been paid?
Yes, Sir; the National Belief Fund claimed £800,000 from the War Office. The arbitrator awarded £105,000, and this sum has been paid.
Can my hon. Friend explain why, if the Prince of Wales' Fund has spent £800,000 in paying separation allowances out of the money gathered from the public for the purpose of the relief of civil distress, a contribution of only £105,000 has come back; can he explain the discrepancy?
No; I am not the arbitrator.
Can my hon. Friend not make it plain to the House what has happened? That £800,000 of public money, subscribed by the public, was paid for the War Office in separation allowances; as a result of arbitration £105,000 has been obtained. Does the War Office think that this is a right amount to pay back to a publicly subscribed fund: are we to be content with that decision?
The matter was taken out of the hands of the War Office and referred to an arbitrator.
Can my hon. Friend tell the House the terms of reference of the arbitration?
Does it not really mean that nearly £700,000, subscribed for charitable purposes, has been used to relieve the War Office of its financial burdens?
No, Sir; I do not think it does mean that.
It does mean that!
I will raise this question on the Vote of Credit next week.
Pensions and Allowances
asked the Pensions Minister whether he will state the rule by which a pension is assessed in favour of the mother of a man in respect of whom separation allowance was issued upon his allotment while alive; whether for the issue of separation allowance the assessed dependency was met by the total issue of allotment and allowance; and whether, for the issue of pension, dependency is assessed by the Government allowance issued upon the allotment?
Article 24 (7) of the Royal Warrant sets forth the meaning of pre-war dependence in relation to pensioners. As a rule, the assessment for the purposes of separation allowance is accepted for the purposes of pension also. The amount of pension is not assessed according to the Government allowance issued upon the allotment, but is based upon the full pre-war dependence within the limit of 15s. The second part of the question which deals with the assessment of separation allowances should be addressed to the Financial Secretary to the War Office.
Are the Department taking into consideration the probable increase that would have accrued had those concerned lived instead of being killed?
No; that is another question which is dealt with by another Article—I forget the number—in the Royal Warrant. But the circumstances have been specially taken into account.
asked the Pensions Minister whether, at the expiration of any period for which a pension is awarded under the terms of Article XXII. (1) of the new Royal Pay Warrant, application may be made by the payee for continuation or revision; and whether there is any limit to the period for which such pension is issuable?
The pensions granted under Article XXII. (1) of the Royal Warrant will be reviewed automatically before the expiration of the period for which they are granted; and will be continued or revised according to the circumstances of the claimant at the time of review. These pensions are usually granted for a period of one year in the first instance and on subsequent review.
Corn Production Bill
asked the President of the Board of Agriculture whether he has received any resolutions from war agricultural committees expressing an opinion on the change in the Corn Production Bill by which bounties are to be paid on acreage instead of upon production and sales; and whether that opinion is favourable or otherwise?
No resolutions on the subject from war agricultural committees have been received since the change was made.
Tiptree Heath
asked the President of the Board of Agriculture whether he is aware that the Rev. F. W. Bussell, D.D., lord of the manor, is offering for sale 53 acres of a common known as Tiptree Heath, and that the Essex County Council are opposing the enclosure and sale as being a benefit to the Rev. Dr. Bussell and a loss to the public; and whether he will refuse to sanction any application for leave to enclose Tiptree Heath?
The Board have received a formal application from the lord of the manor to sanction the enclosure of a portion of Tiptree Heath. The matter is now under consideration, and inquiries are being made. My hon. Friend may be assured that no decision will be taken until the rights of all the parties concerned and the interest of the public in the proposed enclosure have been duly weighed.
Peter Hooker and Company
asked the Chancellor of the Exchequer whether the Treasury have delayed giving their consent to the issue of shares in Peter Hooker and Company; whether this issue was recommended by the Air Board and Ministry of Munitions; whether Mitchelston and Company have purchased these shares; and whether it is in the public interest that Depart- ments have recommended that sanction should be given to the issue of shares which are to be purchased by a firm in which a Minister of the Crown is, or was lately, financially interested and which will receive large orders from the Government?
The answer to the first part is in the affirmative. As regards the second part, the Air Board and the Ministry of Munitions recommended that the Company should be given facilities for the increase of their output, but made no recommendation on the financial aspect of the particular scheme submitted by Peter Hooker, Limited. I am not aware whether Messrs. Mitchelson and Company have purchased the shares. As regards the last part of the question, Lord Rhondda relinquished his partnership in this firm as and from the 30th June last, and has now no interest whatever, direct or indirect, in it. A public announcement to this effect has been made.
Lead (Export)
asked the President of the Board of Trade whether any licences for the export of lead from the British Empire to Holland and Scandinavia have been granted in 1916 and the present year; if so, if he will state the quantity of lead so exported in each year; whether, in view of the alleged scarcity of lead in this country, which necessitates the prohibition of the use of lead for shot-gun cartridges, an effective prohibition has been placed on the export of lead; and, if not, whether he will see that no further licences for export are granted?
I am informed by the War Trade Department that applications for licences for the export of lead relate to several descriptions of lead, and from the terms of the questions I assume that this inquiry has special reference to lead ordinarily used for sporting shot. The quantities of lead of this description exported under licence to Scandinavia and Holland are as follows: The total quantities of every description of lead exported during the same periods are:
Will the hon. Gentleman answer the last part of the question, whether he will see that no further licences for export are granted?
I will certainly convey that.
Mercantile Marine Officer Prisoners
asked the President of the Board of Trade whether arrangements have now been made by his Department for the necessary payments for the food of merchant service officers taken prisoners at sea required by the German Government in order that they may be retained or replaced in camps for officer prisoners in Germany?
The necessary arrangements have now been made, and the Netherlands Minister at Berlin, has been requested to make the requisite payments, with the object of securing the retention, or replacement, of mercantile marine officers in officer camps in Germany.
Letters Patent (Alien Enemies)
asked the President of the Board of Trade whether patents during the War are still granted to alien enemies under Rules 2 and 3 of the Designs and Trade Marks Temporary Rules, 1914; whether under these rules a patent specification, 103,722, applied for 6th March, 1916, was accepted 8th February, 1917, and complete specification filed by James Yate Johnson, patent agent, on behalf of the Badische Aniline and Soda Fabrik, of Ludwigshafen on Rhine; whether this patent is for a new fertiliser and is likely to become a master patent controlling a new industry; and whether any decision has been arrived at as to the position of such patents on the termination of hostilities?
No, Sir. No letters patent have been or will be granted to alien enemies during the War. Applications for the grant of letters patent are received from alien enemies and are proceeded with down to and including the acceptance of the complete specifications; but the granting of any patent rights on these applications is entirely suspended. In accordance with this practice the application on behalf of the Badische Aniline and Soda Fabrik for a patent for a "new and improved compound for use as a fertiliser and process or method of fertilising" has been accepted and the invention published. If the invention is one of such importance as the hon. Member suggests it is open to any person to apply for an Order of the Board of Trade, under Section 6 of the Trading With the Enemy (Amendment) Act, 1916, vesting the benefit of the application in the Public Trustee, when the patent would be granted to him and licences could, if necessary, be granted to any person who desired to use the invention. The question of the treatment to be awarded to patents owned by alien enemies on the termination of hostilities is under consideration.
London Electric Power Supply
asked the President of the Board of Trade, ii he has received any resolutions from. London municipal authorities owning electric power supply undertakings asking for representation on the Departmental Committee on electric power supply; whether, in view of the ratepayers' financial liability in London for these undertakings, he proposes to appoint ally representatives on the Committee to represent such London municipal authorities; and, if so, can he state how many he will appoint?
I have received copies of resolutions from certain of the authorities referred to, and, as I informed the hon. and gallant Member for Christ-church on the 11th instant, I am of opinion that the Committee as at present constituted is sufficiently representative of all bodies owning electricity undertakings, and I am not prepared to make any further additions to it.
"New Republic."
Yesterday I handed in a question which I hoped could be asked as a private notice question. You, Mr. Speaker, however, ruled that it was not urgent, and it duly appeared on the Notice Paper as a question which would be set down in the Question Paper for to-day. It does not appear amongst the questions of to-day, and so, not having been able to ask a question to-day, I do not know whether it would be competent now for me to move, as I intended, the adjournment of the House. Meanwhile, my hon. Friend the Member for East Mayo (Mr. Dillon) intends to move the adjournment on another question, and I waive whatever right I have to-day in his favour.
First Lord of the Admiralty
( by Private Notice ) asked the Prime Minister whether, having regard to the appointment of a gentleman not a Member of either House of Parliament to the position of First Lord of the Admiralty, steps will be taken immediately to secure the presence in the House of Commons of a Minister of the Crown responsible for naval administration and expenditure so as to prevent both the great spending Departments of the Army and the Navy from being unrepresented in this House by a Minister of the Crown?
Yes.
San Thomé Cocoa Plantations (Mortality)
asked the Secretary of State for Foreign Affairs whether a reply has yet been received from Consul General Hall as to the discrepancy which appears in the White Book (Cd. 8479) in regard to the number of deaths among the labourers on the San Thomé cocoa planta- tions, estimated by him at 5 per cent. per annum, but which work out on the basis of the figures furnished in the White Book at over 10 per cent. per annum?
Mr. Hall has expressed his regret for the mistake in the calculation of the percentage.
Is the Foreign Office in communication with the Portuguese Government as to this high mortality?
Perhaps the hon. Member will put a question on that point?
Is it suggested that Mr. Hall is responsible for any of these deaths?
Personal Explanation
I wish to trouble the House for a few moments with reference to a complaint which was made about myself on Friday last in the Mesopotamia Debate by the hon. and gallant Member for Newcastle-under-Lyme (Commander Wedgwood). I should have raised this question on Monday, but for an intimation I have received from the hon. and gallant Member that he could not be present until to-day. In the course of that Debate the hon. and gallant Member complained of my having put a Motion upon the Paper which tended to convey a censure on his Minority Report, and that I did not in the course of the Debate refer to that Motion. He also complained that I had removed my Motion from the Paper. As to the latter point the hon. Member was mistaken, and I believe my Amendment to the hon. Member for Pembroke's Motion remains on the Paper to this moment. The reason why I did not refer to it was that the hon. Member for Pembroke (Mr. W. Roch) had put down a Motion at an early stage after the Mesopotamia Report was issued, which was in the ordinary form, thanking the Commissioners for their labours, and I thereupon put down an Amendment to that Motion censuring the Minority Report of the hon. and gallant Member for Newcastle-under-Lyme. As the House knows, the Debate was not taken upon the Motion of the hon. Member for Pembroke, and, strictly speaking, I had not the opportunity of moving my Amendment which I sought, because I desired not merely to support my Amendment, but also, if possible, to take a Division upon it. I succeeded in interposing in the Debate on the Motion for the Adjournment, and I did not refer to the substance of my Amendment. The only reason why I did not do so was because intimation was sent to me from the Chair that as a large number of hon. Members wanted to speak, and it was known that the Leader of the Opposition intended to speak, it was desirable that I should be as short as possible. I was very careful to be as short as I possibly could, and I confined myself to a few general observations on the subject of the Debate. When the hon. and gallant Member took exception at a later stage to my having passed over the Motion I had on the Paper, I rose to ask to be allowed to say that I had no objection to moving it. [HON. MEMBERS: "Agreed, agreed!"] Perhaps the House will allow me to say that I still desire an opportunity of referring to that Motion, and if it were not for the fact that the Eleven o'clock Rule is to be suspended to-day, I would refer to it on the Adjournment, but as we may be sitting until a late hour, I wish to give notice that I shall raise this matter on Monday.
The hon. Member for the St. Augustine's Division has put down an insulting Motion on the Paper, which is deliberately intended to be insulting to me. He- had an opportunity the other night of explaining his position, and he had a quarter of an hour to speak in, but he avoided saying a word in justification of that Motion. I ask you, Mr. Speaker, whether that is the sort of conduct we ought to expect from a fellow Member of this House, and I ask you, Sir, whether you did not yourself expect the hon. and gallant Member to justify his action, seeing that you told me that you would call upon me immediately after him, in order that I might reply to him? I instance that as showing that the natural effect of the insulting Motion was to make you, Mr. Speaker, think that some explanation was required, not only from the hon. Member, but from myself as well. As it was, I had no opportunity in Debate of defending my Minority Report whatever, owing to the cowardly conduct of the hon. Member opposite.
As the hon. and gallant Member has referred to me, I think I ought to explain that I did convey to the hon. and gallant Member for Newcastle-under-Lyme that I thought he would be well advised to wait in the Debate until the attack came from the hon. Member for St. Augustine's. I naturally assumed, seeing his Motion on the Paper, that he would make it. I did not ask the hon. Member to be short, for I did not happen to be in the Chair at that moment.
On a point of Order. Shall I be in order, as the hon. and gallant Member has publicly in the House just said that my Motion was insulting and intended to be insulting to him, in saying that I had no intention whatever of insulting the hon. and gallant Member. I intended to censure his Report, but nothing was further from my intention than to do anything insulting.
Message from the Lords
That they have agreed to,—
London County Council (Money) Bill, without amendment.
Barrow-in-Furness Corporation Water Bill, with Amendments.
Amendments to—
Bedwas and Machen Urban District Council Bill [ Lords ], without amendment.
Bill Presented
EXPIRING LAWS CONTINUANCE BILL,—" to continue certain Expiring Laws," presented by Mr. BALDWIN; to be read a second time To-morrow, and to be printed. [Bill 79.]
Orders of the Day
Business of the House
As I propose, I am now going to state what business the Government propose to take before the Adjournment. In the ordinary course we have to deal with an Allotted Days' Resolution, the Munitions of War Bill, and perhaps one or two other small measures, a Vote of Credit and Consolidated Fund arising from it, and two other days of Supply. That is all the routine business which, so far as can be at present foreseen, must be got through.
But, in addition to this, as the House knows, there are two big Bills which have occupied our attention. As regards the Representation of the People Bill, although the Commissioners have made great progress, their Reports are not ready, and I am informed that, in any event, for that reason it would not be possible to finish this Bill before the Adjournment, as their Reports are necessary in order to complete it.
With regard to the Corn Production Bill, the position is different. As the House knows, the minimum wage can only have legal effect after the Bill has become law. In addition to this, the whole object of this Bill, which is to secure that the largest amount of food shall be produced in this country next year, will be defeated if there is any doubt as to the Bill actually becoming law. After making very careful inquiries we are informed that there is a danger of this fear being felt by farmers, and, therefore, of our object being defeated.
In these circumstances, the Government have come to the decision that it is necessary to ask the House of Commons to sit until all the stages of this Bill have been gone through. The House will, therefore, see that it is impossible for me to state even an approximate date for our Adjournment, but I regret to say that I see little prospect of an Adjournment taking place until the end of next month.
Can the right hon. Gentleman say whether it is intended, before the Recess, to prolong the life of this Parliament?
That is not necessary, as I believe the present Parliament comes to an end in November.
May I ask whether any further progress will be made with the Representation of the People Bill before the Adjournment?
We hope to get as far as Clause 26.
Does the Government regard it as more important to subsidise farmers than to see that there is an efficient registration?
Is it intended to proceed with the Munitions Bill before the Adjournment?
I have already said so.
Does the right hon. Gentleman propose to take the Criminal Law Amendment Bill before the Adjournment?
That will be taken after the Adjournment.
Are there only two more days to be given to Supply?
Yes.
Then which of them will be devoted to the Scottish Estimates?
I understand that my hon. Friend's anxiety will be relieved. We propose to take the Scottish Estimates first.
Will the right hon. Gentleman see that one of the two remaining days in Supply is devoted to a discussion on the Army Medical Vote, for which 100 Members of this House have asked?
I would rather not pledge myself to that, but I hope a day may be given for that purpose.
Is it intended to introduce the Education Bill before the Adjournment?
I should very muck like that to be done, if it is possible, but I cannot absolutely say that it will be.
Will the right hon. Gentleman see that justice is done to that ewe lamb, the Dukes Bill?
Motion made, and Question put,
"That the Proceedings on the Corn Production Bill, if under discussion at Eleven of the clock this night, be not interrupted under the Standing Order (Sittings of the House)."—[ Mr. Bonar Law. ]
The House divided: Ayes, 221; Noes, 42.
Division No. 72.] AYES. [4.0 p.m. Acland, Bt. Hon. Francis Dyke Fisher, Rt. Hon. W. Hayes (Fulham) Morgan, George Hay Addison, Rt. Hon. Dr. Christopher Fitzpatrick, John Lalor Morison, Thomas B (Inverness) Adkins, Sir W. Ryland D Flavin, Michael Joseph Morton, Alpheus Cleophas Agg-Gardner, Sir- James Tynte Fleming, Sir J. (Aberdeen, S.) Munro, Bt. Hon. Robert Agnew, Sir George William Forster, Rt. Hon. Henry William Newman, John R. P. Anstruther-Gray, Lieut.-Col. William France, Gerald Ashburner Nicholson, Sir Charles N. (Doncaster) Astor, Hon. Waldorf Gardner, Ernest Norton-Griffiths, Lieut.-Col. Sir J. Baird, John Lawrence Gibbs, Col. George Abraham O'Connor, John (Kildare, N.) Baker, Joseph Alien (Finsbury, E.) Goddard, Rt. Hon. Sir Daniel Ford O'Leary, Daniel Baldwin, Stanley Goulding, Sir Edward Alfred Orde-Powiett, Hon. W. G. A. Balfour, Rt. Hon. A. J. (City, Lond.) Greig, Colonel J. W. Palmer, Godfrey Mark Banner, Sir John S. Harmood- Gretton, Colonel John Parker James (Halifax) Barnes, Rt. Hon. George N. Gulland, Rt. Hon. John William Parkes, Sir Edward E. Barnett, Capt. R. W. Hackett, John Parrott, Sir James Edward Barrie, H. T. Hambro, Angus Valdemar Pearce, Sir William (Limehouse) Bathurst, Col. Hon. A. B. (Glouc, E.) Hamilton, C. G. C. (Ches., Altrincham) Pennefather, De Fonblanque Beach, William F. H. Hancock, John George Perkins, Walter F. Beale, Sir William Phipson Hardy, Rt. Hon. Laurence Peto, Basil Edward Beauchamp, Sir Edward Harmsworth, Cecil (Luton, Beds) Philipps, Captain Sir Owen (Chester) Beck, Arthur Cecil Harris, Percy A. (Leicester, S.) Pratt, J. W. Bellairs, Commander C. W. Haslam, Lewis Prothero, Rt. Hon. Rowland Edmund Benn Arthur Shirley (Plymouth) Helme, Sir Norval Watson Pryce-Jones, Colonel E. Bentham, George Jackson Henry, Sir Charles Rawson, Colonel Richard N. Blair, Reginald Hewart, Sir Gordon Rea, Walter Russell Blake, Sir Francis Douglas Hewins, William Albert Samuel Rees, Sir J. D. (Nottingham, E.) Bliss, Joseph Higham, John Sharp Rendall, Atheistan Boland, John Plus Hinds John Roberts, Charles H. (Lincoln) Boles, Lieut.-Col. Dennis Fortescue Hodge, Rt. Hon. John Roberts, George H. (Norwich) Brace, Rt. Hon. William Holmes, Daniel Turner Roberts, Sir J. H. (Denbighs) Brunner, John F. L. Hope, John Deans (Haddington) Robinson, Sidney Bryce, J. Annan Howard, Hon. Geoffrey Rowlands, James Bull, Sir William James Hughes, Spencer Leigh Rowntree, Arnold Burn, Colonel C. R. Jackson, Lieut.-Col. Hon. F. S. (York) Rutherford, Sir John (Darwen) Carnegie, Lieut.-Colonel D. G. Jardine, Sir John (Roxburghshire) Samuel, Rt. Hon. Sir Harry (Norwood) Cator, John Jones, J. Towyn (Carmarthen, East) Samuel, Rt. Hon. H. L. (Cleveland) Cave, Rt. Hon. Sir George Jones, W. Kennedy (Hornsey) Sanders, Col. Robert Arthur Cawley, Rt. Hon. Sir Fredk. (Prestwich) Jones, William S. Glyn- (Stepney) Scott, A. MacCallum (Glas., Bridgeton) Clive, Captain Percy Archer Joyce, Michael Seely, Lt.-Col. Sir C. H. (Mansfield) Clyde, James Avon Keating, Matthew Shaw, Hon. A. Coates, Sir Stuart A. (Wimbledon) Kellaway, Frederick George Smith, Rt. Hon. Sir F. E. (Walton) Cochrane, Cecil Algernon Kerr-Smiley, Peter Kerr Spear, Sir John Ward Collins, Sir Stephen (Lambeth) Kilbride. Denis Spicer, Rt. Hon. Sir Albert Collins, Sir W. (Derby) Kinloch-Cooke, Sir Clement Starkey, John Ralph Coote, William Knight, Captain Eric Ayshford Stewart, Gershom Cornwall, Sir Edwin A. Lambert, Rt. Hon. G. (Devon, S. Molton) Strauss, Edward A. (Southwark, West) Cory, James H. (Cardiff) Larmor, Sir J. Sutton, John E. Cowan, Sir W. H. Law, Rt. Hon. A. Bonar (Bootle) Sykes, Sir Mark (Hull, Central) Craig, Ernest (Cheshire, Crewe) Law, Hugh A. (Donegal, West) Talbot, Lord Edmund Craig, Colonel James (Down, E.) Layland-Barratt, Sir F. Tennant, Rt. Hon. Harold John Croft, Brigadier-General Henry Page Lee, Sir Arthur Hamilton Terrell, George (Wilts, N. W.) Crooks, Rt. Hon. William Lewis, Rt. Hon. John Herbert Thomas, Sir A. G. (Mon., S.) Crumley, Patrick Lloyd, George Butler (Shrewsbury) Thomas-Stanford, Charles Currie, George W. Locker-Lampson, G. (Salisbury) Tickler, T. G. Dalrymple, Hon. H. H. Lonsdale, Sir John Brownlee Tootill, Robert Dalziel, Rt. Hon. Sir J. H. (Kirkcaldy) Lowe, Sir F. W. (Birm., Edgbaston) Wardle, George J. Davies, David (Montgomery Co.) Lowther, Col. C. (Cumberland, Eskdale) Warner, Sir Thomas Courtenay T. Davies, Ellis William (Eifion) Loyd, Archie Kirkman Wason, Rt. Hon. E. (Clackmannan) Davies, Timothy (Lines., Louth) Lundon, Thomas Wason, John Cathcart (Orkney) Davies, Sir W. Howell (Bristol, S.) Lynch, Arthur Alfred Webb, Sir H. Davies, M. Vaughan- (Cardigan) Macdonald, Rt. Hon. J. M. (Falk. B'ghs) Weigall, Lieut.-Col. William E. G. A. Denman, Hon. Richard Douglas Macleod, John Mackintosh Weston. J. W. Dickinson, Rt. Hon. Willoughby H. Macmaster, Donald Williams, Aneurin (Durham, N.W.) Dillen, John Macnamara, Rt. Hon. Dr. T. J. Williams, Col. Sir Robert (Dorset, W.) Dixon, C. H. MacNeill, J. G. Swift (Donegal, South) Williamson, Sir Archibald Doris, William McNeil), Ronald (Kent, St. Augustine's) Wilson, Rt. Hon. J. W. (Worcs., N.) Duncan, Sir J, Hastings (Yorks, Otley) Macpherson, James Ian Wilson-Fox, Henry Duncannon, Viscount Maden, Sir John Henry Winfrey, Sir Richard Edwards, John Hugh (Glamorgan, Mid.) Malcolm, Ian Wing, Thomas Edward Esmonde, Sir Thomas (Wexford, N.) Marks, Sir George Coydor Worthington Evans, Major Sir L. Faber, George Denison (Clapham) Marriott, John Arthur Ransome Yate, Col. C. E. Fell, Arthur Mason, James F. (Windsor) Younger, Sir George Ferens, Rt. Hon. Thomas Robinson Meux, Hon. Sir Hedworth Field, William Meysey-Thompson, Colonel E. C. TELLERS FOR THE AYES.—Captain Finney, Samuel Millar, James Duncan F. Guest and Mr. J. Hope. Fisher, Rt. Hon. H. A. L. (Hallam) Molloy, Michael
NOES. Adamson, William Holt, Richard Durning Morrell, Philip Allen, Arthur A. (Dumbartonshire) Houston, Robert Paterson Ponsonby, Arthur A. W. H. Arnold, Sydney Hunt, Major Rowland Price, C. E. (Edinburgh, Central) Banbury, Rt. Hon. Sir Fredk. G. Jacobsen, Thomas Owen Richardson, Thomas (Whitehaven) Burns. Rt. Hon. John Jowett, Frederick William Runciman, Rt. Hon. Walter (Dewsbury) Buxton, Noel Kennedy, Vincent Paul Smith, H. B. Lees (Northampton) Chancellor, Henry George Kiley, James Daniel Snowden, Philip Clough, William King, Joseph Trevelyan, Charles Philip Dougherty, Rt. Hon. Sir J. B. Lambert, Richard (Wilts, Cricklade) Walters, Sir John Tudor Elverston, Sir Harold Lough, Rt. Hon. Thomas Watt, Henry A. Essex, Sir Richard Walter Macdonald, J. Ramsay (Leicester) White, J. Dundas (Glasgow, Tradeston) Goldstone, Frank Martin, Joseph Whitehouse, John Howard Harvey, T. E. (Leeds, West) Mason, David M. (Coventry) Henderson, J. M. (Aberdeen, W.) Meagher, Michael TELLERS FOR THE NOES.—Mr. Pringle and Mr. Anderson. Hogge, James Myles Moltene, Percy Alpert
Corn Production Bill
Considered in Committee.—[ Progress, 12th July. ]
[Mr. WHITLEY in the Chair.]
CLAUSE 3.—(Claims for Payment.)
(1) The person who was, on the first day of September in the year in which the wheat or oats were produced, the occupier of the land on which they were produced shall be deemed to be the occupier entitled to receive any payments under this Part of this Act.
No payments under this Part of this Act shall be made in respect of any wheat or oats sold unless the Board of Agriculture and Fisheries are satisfied that they have been delivered in pursuance of the sale.
(2) All claims for payments under this Part of this Act shall be made to and determined by the Board of Agriculture and Fisheries in accordance with Regulations made under this Act, and the decision of the Board shall be final and conclusive for all purposes.
(3) If for the purpose of obtaining a payment under this Part of this Act, either for himself or for any other person, any person makes any false statement or false representation, he shall be liable on summary conviction to imprisonment with or without hard labour for a term not exceeding six months.
I beg to move, in Sub-section (1), to leave out the word "September" and to insert instead thereof the word "May."
It is rather difficult to comprehend why the date fixed upon in this Clause is 1st September. I understand that the Bill is for the purpose of giving a bonus to farmers to induce them to bring their land under cultivation and to convert grass land into arable land. The farmer has done practically all that can be done to earn the bonus long before 1st September, and I suggest that the fair date would be the 1st of May, because by that time the seed has been sown, the crop has started growing, and all the work necessary to earn the bonus has been done. New land has been put under wheat or oats, and land already tilled has been converted to the growing of these particular cereals. I do not know whether we shall have an explanation why the 1st of September was put in the Bill. If the farmer parts with his interest in the land before the 1st September, he can easily arrange with the person with whom he bargains who is to get the bonus, but, on the other hand, if a landlord, acting under the terms of a lease, puts a tenant out sometime before the 1st September, and after the tenant has done all the work necessary to earn the bonus, then according to this Clause he will be able to deprive the tenant of the advantage of all the work that he has done in diverting the land to the growth of wheat and oats. Under these circumstances, it seems to me that there would be much less inconvenience in fixing upon the earliest possible date after all the work necessary to earn the bonus has been done. The word "occupier" is not a particularly clear term, and it is not defined at all, but I assume it is intended to apply to the tenant farmer whether he lives on the land or not. There might, however, be some doubt if there were someone living in the house attached to the land. He might be held to be the occupier within the meaning of this Section. I assume, however, that it is intended to give the bonus to the man who has put in the crops or who has converted grazing land into arable land. In these circumstances, why is the date made the 1st September? The case which I have given is one where great injustice might be done to a tenant who had already by the 1st May earned the bonus provided under the Bill. What possible advantage can come from it? It might be that when the change in ownership took place and when the farmer transferred his interest in the lease to somebody else, an arrangement would be made about the bonus, but that is a matter of private contract. Why should the House come in a matter of this kind and make a contract for the parties? It might be very difficult for them to carry out the statutory arrangement.
If my hon. and learned Friend (Mr. Martin) reflects a little more closely on the arrangements which are usual in English agricultural life, he will see that this is not either a useful or a necessary Amendment, although his vigilance has lighted upon one point upon which we may be able to give him some satisfaction. He asked what was the meaning of the term "occupier." That is a term which has been deliberately chosen by the Government because it covers the case both of a tenant farmer or an owner who is occupying himself. There is undoubtedly an obvious convenience in using that term. September has been adopted for a variety of reasons, the first of which is one which will commend itself to the Committee and is because you must choose some time. The second reason has something more particular to be urged in its support. September is approximately the period of harvesting, and that is one reason which makes it the most convenient date to select. Also, as my hon. Friend will be aware, the 29th September in this country is one of the most usual dates for outgoing. Therefore the month of September, both from the point of view of harvesting and outgoing, is the most convenient month. After all, you have to select some date at which this Bill begins. My hon. and learned Friend has fixed on a point which deserves consideration and will receive it. It may be said that in cases where a farm changes hands during the growth of a crop difficulties may arise. There are usually provisions for adjusting the matter as between the outgoing and the incoming tenant for the away-going crop. The difficulty is met with having regard to the fact that these arrangements are common. In order to adopt these provisions to Part I. of the Bill, the Government have put down an Amendment to Sub-section (1) of Clause 3, which I hope my hon. and learned Friend will think fully meets his object. Therefore. I hope he will not press this Amendment.
There is a little more to be said for the Amendment than has yet been put forward. It is not an uncommon thing, especially in North Wales, for a tenancy to be determined in May. If the 1st September is inserted, a farmer will be deprived of benefit under the Bill because he will not be in possession after May. Either that will happen or he will not cultivate, which is the very thing required. I hope the Amendment suggested by the Attorney-General will cover the point that the man in possession in May and who has actually sown the land is to get the benefit provided by the Bill.
There are various differing dates at which tenancies are determined. I did not know there was a tendency to determine them in May.
There is in Scotland.
In England the date varies from the 25th March to the 29th September. Some terminate at Michaelmas and some at Lady-Day. In fact, the 29th September is interpreted to be the 11th October. So far as I know, in Michaelmas leases the 29th September occurs, but, owing to the custom of the county, nothing happens till the 11th October. Some date must be fixed. Whatever date is fixed will not meet everybody. Therefore the question is, which is the date most likely to meet people generally? I submit that the 1st September is the date which is most likely to meet the farmers of the country generally. With regard to the question of May, it must be remembered that in May winter oats have only been in a short time. This year, when everything is backward, a large quantity of oats was not in until the end of April. Therefore the tenant who gives up in May is not very seriously hurt, because the crop has only just been put into the ground.
He has done the cultivation.
I do not know anything about the custom in Wales, but I am quite certain that the custom of the county with which I am acquainted would protect the tenant who left in May.
I am not quite sure that I heard the Attorney-General correctly, and whether he said it was going to be the 29th day of September, which he thought would be a more convenient day.
The 1st September.
I understood it was to be the 29th.
No; the 1st September is the date in the Bill.
Will the right hon. Gentleman be willing to make it the 29th?
I think there would be more opposition to that.
We want to have the land well cultivated. In Scotland the harvest is never over by the 1st September, and I believe it is the same in Wales, and also in the greater part of Ireland. Therefore, the later date would be more convenient to everybody. It is quite true that you must find some date as the dividing line, but it would be better to have a date which would include the operations of cultivation and harvesting appertaining to the crop for which the bounty is paid. That would be a convenience to everybody, and I therefore suggest that the 1st December would be a better date for the deciding date.
So far as the date is concerned, I do not think it matters to us very much one way or the other whether it is May or September, because we in Ireland are dealing with tillage, and as tillage must be begun before May, presumably the man who tills in May will be doing something in September. There was another point referred to by the hon. and learned Member opposite (Mr. Martin) which is not fully met by the Amendment suggested by the Attorney-General. We have a custom in Ireland under which one farmer lets some of his land to another farmer for the purpose of growing oats, wheat or barley, under what is known as the system of conacre. Under that system the crop belongs to the man who has sown it and not to the man who owns the land. I am not sure that the Amendment suggested by the right hon. and learned Gentleman will meet that case.
On a point of Order. Are we now discussing the Amendment on the Paper in the name of the President of the Board of Agriculture or merely the Amendment proposed by the hon. and learned Member for East St. Pancras (Mr. Martin)?
We are discussing the Amendment of the hon. Member for East St. Pancras. Clearly the question of spring or autumn does to some extent affect the question as to the relations between an incoming and an outgoing tenant.
I referred to the point because the right hon. and learned Gentleman said that this Amendment was supposed to meet the case. The point ought to be cleared up. I am sure the President of the Board of Agriculture appreciates the point. It is a question whether the man who sows the corn or the man who owns the land should have the bonus.
I hope the hon. and learned Gentleman (Mr. Martin) who moved this Amendment will not press it. It would certainly not be an improvement. He based his case on what appears to be a fundamental fallacy, namely, that by May everything necessary to earn the bonus will have been done.
Practically everything.
From that view I dissent entirely. It must be remembered that, although the President of the Board of Agriculture was unable to agree to the suggestion made by some of us here that it should be a condition of the new basis of giving the guarantee in respect of acreage that the cultivation should be to the satisfaction of the Board of Agriculture, yet he put in a provision to Clause 1 that if the land were negligently cultivated in the opinion of the Board of Agriculture the bonus would be withheld. That brings in the question whether the land is properly cultivated. As the hon. Member knows, cultivation consists of much more than putting in the seed. It comprises cleaning and various other operations which can be carried on continuously. You cannot form an opinion as to whether or not there has been proper cultivation until the month of September is reached. One point which the Attorney-General did not make was that the 1st September was put into the Bill, while the basis of the guarantee was that of production and not acreage. Although a change has been made from production to acreage, it would be very inadvisable to take any earlier date than the 1st September. Some reference has been made to the difficulties that might occur in Scotland. As we all know, the harvest season in Scotland is later than in England. Even so, I am inclined to the view that in Scotland the question of how much land was under these particular cereals and whether it had been properly cultivated could be decided by September. On these grounds it seems better, on the whole, that the 1st September should stand, and I hope the hon. Member will not press the Amendment.
I do not quite understand how things will work out under the provisions of the Bill. There is a considerable number of farms where the change takes place at Michaelmas., but, as a matter of fact, the corn is not sold until after it is thrashed.
The hon. and gallant Member is forgetting the Amendment made to Clause 1. We are not dealing with corn sold, but the acreage sown and cultivated.
That decides the amount a man receives. A man may take a farm and pay to the outgoing tenant so much on the basis of the price of corn. The price of corn on the 29th September may be 55s., but when the corn comes to be thrashed and goes into the market in November, December, or January, the price may drop to 50s. The incoming tenant will lose 5s. on the wheat which he has bought in the stack, or possibly in the field not yet cut, and the money in return for it will go, not to him, but to the outgoing tenant to whom he has already paid on the basis of 55s. I really do not see what is the object of 1st September. I think it ought to be paid to the man who is the occupier when the corn is sold and the thing is complete.
It seems to me that instead of a case being made out for having the date made earlier, as is proposed in the Amendment, a strong case has been made out for choosing a later date than that which is actually in the Bill. A later date would be more suitable to the special conditions of Scotland than 1st September, and I think the general opinion amongst those representing southern constituencies also is that a later date, say, the end of September, would be more suitable than 1st September; and I hope therefore that, in view of the expression of opinion which has been made in the Debate, the Government might reconsider the point with a view to altering the date and making it one suitable to all classes of farmers throughout the country.
The sense of the Committee would appear, on the whole, to be in the direction of selecting the autumn period of the year. Perhaps the Committee will think it will be fair to everyone to say that between now and the Report Stage we will take time to consider the matter.
Amendment negatived.
I beg to move, in Sub-section (1), after the word "Act" ["under this Part of this Act"], to insert the words,
"Provided that when there has been any change in the occupation of the land on which the wheat or oats were produced, then— doubt that this year there will be no payment. As to the Amendment itself, custom varies very considerably, and we have tried to meet all the variations in the two sections of the proviso. They go upon what I think is quite evidently the fair principle that the case of the outgoing tenant, who does not reap the crop but is paid for it by valuation, should be met, and similarly, where the outgoing tenant has a right to or interest in the growing wheat crop after his tenancy has ended it would seem equitable that he should have the same right to or interest in the sum paid by the State in respect of that crop. Those are the two principal sorts of difficulty that arise as to outgoing and incoming tenants with regard to growing crops, and I believe the proviso will satisfactorily meet the difficulty.
The right hon. Gentleman has just said that no difficulty whatever will arise with regard to the question of the conacre man in Ireland. I hope before he made that statement he consulted the Vice-President of the Agricultural Board in Ireland and took the opinion of those who are more intimately acquainted with agriculture in Ireland than he could possibly be. When the contract was originally being made, whether the occupier is also the owner or whether he is a tenant farmer still under a judicial rent, or whether he is a purchase tenant under the Land Act, does not affect the matter. He is still the occupier. He lets the land to the conacre man, who takes it on speculation and grows a crop. If the produce is good and prices are high, he probably make a considerable amount on it. If, on the contrary, he meets with a bad harvest and low prices, instead of making anything considerable he is probably at a loss. I can understand the right hon. Gentleman's contention that this Clause would raise no difficulty whatever provided that this year, when the land was being let by the occupier to the conacre man, there was a condition of the letting that the man who grew the corn and laboured the land would be the person entitled to the difference, should there be a difference, between the guaranteed price and the average price. But no such arrangement as that has been made, in the case of an occupier who has let the land to a conacre man, unjust and unfair as it would be in my opinion, yet accord- ing to this Bill the occupier would be legally entitled to claim from the Government the difference which may possibly arise between the guaranteed price and the average price of the corn. It would be most unfair. The Amendments on the Paper affect no one but the occupier. The conacre man is in no sense of the word an occupier. He comes in and takes the land on spec for six months. The moment the crop is raised he goes out, and you need no process of law whatever to take up the land from him once the crop is up. This Clause as it stands does not meet the case. Having put this matter before the President, the Parliamentary Secretary to the Board of Agriculture, and the Vice-President of the Board of Agriculture in Ireland on the Second Reading, it is not fair to us Irish Members to be bringing us here to discuss a Corn Bill having done all we could to point out to the Government what was necessary to be done to make it successful and operative in Ireland. Up to now there is not on the Paper a single line to give us the slightest indication as to what the intention of the Government is with regard to the Irish portion of the Bill so as to make it applicable to the different conditions which exist in Ireland. I would ask the right hon. Gentleman to give the matter more serious consideration than apparently has been given to it up to now.
I acknowledge at once that the point was overlooked. The best point in the Bill at which to introduce this Amendment would be on Subsection (2) of Clause 12, which deals specifically with Irish matters, and we will take care that the point is considered and met before we reach that Clause. I regret very much that it was overlooked.
I accept, of course, the right hon. Gentleman's statement. His object is exactly the same as ours—to make the Bill a success and to make it applicable to the different conditions of Ireland. I would not have raised the point here at all, because I have been waiting until Clause 12, but we have had no indication whatever of what the Government is going to do, and when we get to Clause 12 we might find ourselves in a very awkward position if we allowed this point to pass. I have not raised it in any hostile sense whatever, but merely to point out what is necessary to be done later on.
This proviso seems to me to illustrate the way in which certain fundamental difficulties which should have been considered from the first have not been considered, and how the Bill has to be made up as it goes along. This is not a proposal rendered necessary by the change from the production basis to the acreage basis. Something of this sort would have been necessary even if production had still been the basis of the guarantee, but in framing the Bill as it was originally presented to the House these cases do not seem to have been considered at all, and the need for making some provision for them does not seem to have occurred to the Government till after Clauses 1 and 2 had been dealt with. It seems to me that that is a very serious omission, and even in what they have done it does not deal with the conacre system. The right hon. Gentleman has suggested that that should be dealt with specially in the Clause relating to Ireland, but it seems to me that this is the better place because, though that system in its technical usage may be limited to Ireland, still there is good reason to believe that something of the same kind prevails in other parts of the United Kingdom. Suppose a crop has been planted and a small farmer, not willing to take the risk, sells it as it stands to some man who comes in and becomes the occupier of the land until the crop is reaped. That is a case which may occur and which ought to be provided for, and we ought not to have to consider the case of Ireland alone. Provision for a case like that ought to be made in addition to the two provisions which the right hon. Gentleman is proposing. These questions which have been raised show that there is some substance in the point as to who the occupier is, because the real question is whether "occupier at that date" mean the man who is in actual possession of the land at that date or the man who may be regarded as the occupier for the purpose of rating and such like provisions. It sounded at the outset a very simple thing to say that the occupier shall be entitled to the money, but with changes of occupation and with the various alterations which may take place during the term, and even when the crop is in the ground, it does seem to me that there should be some clearer provision and some more complete Clause to guide us through the various difficulties that may occur. It must always be remembered that the object, or at least the professed object, of this Bill is to encourage the production of food, and therefore, when these guarantees are being given by the taxpayers and when subsidies may have to be given by them, it is of the utmost importance to see that those subsidies will go to the right people, and will really result in the objects for which they are being instituted.
With regard to what the hon. Member for South Kildare (Mr. Kilbride) has said, I would ask the President to the Board of Agriculture to impress upon the Irish Department the necessity of putting on the Paper without further delay the Irish Amendments. We have been continually put off with promises that Amendments would be placed on the Paper and they have not appeared. It really is not fair to the Irish party to ask us to go on discussing the Bill in the dark without knowing what are the proposals of the Government with regard to the application of the Bill to Ireland. Although these Amendments cannot be discussed until we come to Clause 12, we are entitled to know—it may affect our attitude on certain previous Clauses of the Bill—what are the proposals of the Government with regard to Ireland. There is another question I should like to ask with regard to the occupier. I profess my ignorance, but I should like to know what is the exact; position of the allotment holder; is he an occupier?
indicated assent.
Of course, I derive my experience from the conacre man, people who are unknown in this country. If an allotment holder is an occupier, then, of course, that is all right.
I think the hon. and learned Member for the Tradeston Division (Mr. White) has suggested a very important point, namely, that the Clause we are now dealing with is the proper place to bring in the Amendment contemplated by the President of the Board of Agriculture, not on the Irish Clause 12; and for this reason: A practice similar to the conacre exists in other parts of the country, as has been pointed out by the hon. and learned Member for the Tradeston Division. It is not called conacre, but it certainly exists to some extent in Scotland, where the tenant— call him such—takes a field, or two fields, for six months, summer months—from May to November, it is with us, and sometimes from March to September. I admit that it is not usual at the present time for these fields to be broken up, because they are usually taken for grazing, but, under the new system, it will be quite common, I have no doubt, to take these fields for four or six months and break them up in order to come under this Bill. In these circumstances the question will arise, Who is the occupier? One man pays the rent to the landowner, and another man, taking the land for six months, pays the rent, to an occupier. Which of the two will be dealt with under this measure? At any rate, as I said earlier, the proper place to deal with this question of conacre and similar practices in other parts of the country is on this particular Clause and not on the Irish Clause.
I quite see that the hon. Member for South Kildare (Mr. Kilbride) has made a case as regards the Irish tenants, and that could be dealt with on the later Clause, but I venture to say that the introduction of that proposal here would be injurious to the English and Scottish tenants. Therefore, I sincerely hope that the hon. Gentleman, whose object is the same as ours, to get this Bill as a good Bill through, will be content to wait until the later Clause, and not to injure the interests of the English tenant by introducing provisions in this Clause that would work detrimentally to us in carrying on our industry and increasing the growth of corn.
I think if this system does operate in Scotland at all, the hon. and learned Member for the College Division (Mr. Watt) will be well advised to wait until the same Clause as that dealing with Ireland is reached. The first part of Clause 12 deals with Scotland and applies the Act to Scotland. If there is any real question for Scotland in the matter I am sure the hon. and learned Gentleman, a man of subtlety and ability, will be able between now and then to draft such words as will apply to the case he puts forward.
Perhaps the Committee may be willing to reach a decision on this point, having regard to the following circumstances. The particular case that has been raised has been the Irish case. I should be sorry to commit myself definitely to the conclusion at this moment that the conacre man is not an occupier. I confess I am not as well aware as I ought to have been of the question of this conacre subtenancy, but I will go into it carefully. If he is an occupier, then it appears to me primâ facie, that it is a case which ought to be dealt with under Clause 12. With reference to the suggestion of the hon. Member for East Mayo (Mr. Dillon) that the Amendment might be put down at an early date—
All the Irish Amendments.
I can only say that representations shall be made to the Irish Office with a view to arranging that at as early a date as is practicable there can be a full discussion on the various Irish points. I cannot say that an Amendment is necessary on this until I have considered whether or not the conacre man is an occupier. With regard to Scotland, I think the hon. and gallant Member (Colonel Greig) is on strong ground when he says that if there is a case for Scotland it requires consideration, and that it will be more properly dealt with on its own particular Clause. I am sure the Committee will realise that we cannot deal with every case of local exigencies. We must legislate for broad cases, and I am a little doubtful whether there is a case for Scotland.
I only want to put in this caution. I think this method of subtenancy is found in England as well as in Scotland and Ireland. [HON. MEMBERS: "Where?"] In my own neighbourhood— and I am not sure that the hon. Member who suggested that to put in a provision to deal with these cases would in some way injure the English tenant is not right. All we want is that further words should be added to deal with sub-tenancies. That seems to be necessary, but it ought to be in general words, not in a Clause applying to Ireland, but applying generally to any sub-tenancy under the Bill.
I would like to ask the Attorney-General a question in regard to what he said, namely, that he and his right hon. Friend would consult the Irish Board of Agriculture with a view to putting down the Amendments to the Irish Clause as soon as possible. I hope that he will undertake to do the same thing with the Scottish Clause. I do not see any representative of the Scottish Board of Agriculture, or anyone to speak for Scotland, on the Front Bench, but I hope that the pledge he has given in respect to Ireland will apply equally in the case of Scotland.
If any Amendment is thought necessary.
Yes.
I hope the Attorney-General will remember in connection with this proviso that there is a new form of sub-tenancy which has arisen in connection with the war agricultural committees. It is a new form of sub-tenancy which we have not had before. There is the case where the tenant is unable to carry out the cultivation, and a man is put in to supervise. It is rather a question which is the occupier—the one superintending the crop or the man who is unable to do, but is actually the occupier? There are various cases which have arisen, and the war agriculture committees have to do their best with them. There is the case where the war agriculture committee is working; the land, and the man is still remaining the nominal occupier.
Amendment agreed to.
With regard to the Amendment of the hon. Member for the Tradeston Division (Mr. D. White) to insert the words, "No action shall be brought for the recovery of any payment under this part of the Act, and," before the words, "no payments under this part of this Act," etc., it is out of place here. If his proposal would stand at all it would come at the end of the Government words. The Government propose to leave out the whole of the words of this paragraph, and consequently the hon. Member's proposal does not arise.
Amendment made: In Sub-section (1) leave out the words, "No payments under this part of this Act shall be made in respect of any wheat or oats sold unless the Board of Agriculture and Fisheries are satisfied that they have been delivered in pursuance of the sale."—[ Mr. Prothero. ]
I beg to move, at the end of Sub-section (2), to insert the words:
"Provided that if at any time it is found that a payment has been obtained, or payment in excess of the amount properly payable has been obtained, by means of any false statement or false representation, the person to whom the payment was made shall, without prejudice to any criminal liability in respect of any false statement or false representation, be liable to pay the Board the amount of such payment or excess, and any such amount may,, without prejudice to the recovery thereof as a debt due to the Crown, be recovered by the Board summarily as a civil debt."
I am very pleased the right hon. Gentleman is putting those words in. I made a suggestion of a similar sort, and I am glad it has commended itself to him. I should, however, like to ask this question in order to make matters clear. Assume that the guarantee has matured and payment has to be made, is that payment to be regarded as a legal obligation enforceable in a Court of law against the Board of Agriculture or whatever Government Department it may be, or is it to be regarded as an administrative act dependent upon the view of the Board of Agriculture that the land is being properly cultivated? The Amendment I desired to move, and which you (Mr. Whitley) have ruled out of order for reasons which one quite appreciates, was intended partly to raise the point as to whether, assuming the guarantee to have matured, the person entitled to the guarantee was entitled to it as a legal right, or whether the payment was simply an administrative act of the Board of Agriculture. In other words, could payment be enforced in a Court of law?
I think the answer to that does not present any great difficulty. The claimant is only entitled to payment under Clause? when he has proved his claim to the satisfaction of the Board. If a claim so proved were arbitrarily withheld, which is not, I think the hon. and learned Gentleman will agree with me, a contingency likely to arise very often, my own view is that the claimant should, and would, have his ordinary rights to proceed by petition of right, as it appears to me on the spur of the moment, or by the ordinary procedure.
Amendment agreed to.
I beg to move, at the end of Sub-section (2), after the words last inserted to add the words:
"Provided that, on making a claim for payment under this part of the Act, the claimant shall, if called upon by the Board, furnish to the Board of Agricul- ture a list, with principal occupations and ages, of all those employed during the year in which the corn was grown in respect of which the claim is made, together with the wages and yearly earnings of each employé, and if, in the opinion of the Board, those wages and earnings were in all the circumstances inadequate, such claim may be disallowed."
5.0 P.M.
I would appeal to the President to the Board of Agriculture to consider once again before he inflicts upon agriculture the burden, friction, turmoil, jealousy, and the cost of a system of a wages board and the minimum wage. Part II. contains the provisions setting out that minimum wage, and I feel in some difficulty in supporting my Amendment, because the best arguments I could use in support of it would be in criticising and pointing out the absolutely unworkable nature of Part II. It is impossible to carry out, in my opinion, what the Government have set about doing in those Clauses. I admit that my proposal is in substitution of Part II. I am handicapped in putting it forward by the fact that Part II. has not yet come under discussion. Everyone knows there is a very wide scope in agriculture for all sorts and conditions of labour. I suppose in no other industry in the country do the workers differ so widely in respect of their capabilities. They vary in degrees from the highest skilled ploughman or herdsman down through various grades of agricultural labourer until you get to those described in a later amendment of the right hon. Gentleman. This shows the difficulty, I may say almost impossibility of fixing any wage as a standard wage for such a body of men. Part I. gives security to the farmer against serious loss and it really does not do move than that. Part IV. gives power to the State to call on the occupier of the land to cultivate it properly. But Part II. is intended to give security to the workmen. It does not, however, do that, and it cannot do it. Bear in mind that workmen in agricultural districts want a double security. They not only want to be paid an adequate wage for the time they are at work, but they also want to be sure of continuity of employment. While you may put it into an Act of Parliament that an employer shall give a man a certain rate of wages you cannot compel the employment of the man, and therefore you do not give the agricultural labourer under this Bill, while you fix the wage he shall receive, any security of being continuously employed at the wages you propose to fix.
You are here seeking to apply a fixed rate of wages to a whole industry, the workers in which differ so very widely in their capabilities. If you go to the coal mining or the iron workers you may find that the men as a class are much more similar in respect of their knowledge and ability, and you may fix a rate of wages applicable to all. But you cannot do that in agriculture without inflicting great injustice either on those in the higher ranks or on those in the lower ranks. If you fix a rate of wages which such an industry can afford and if you make it applicable to all classes, you must either pay the men in the higher ranks less than they ought to have or you must give those in the lower ranks more than they ought to receive, and you would thereby be doing an injustice to those in the higher ranks. The only alternative to my Amendment is that these labourers should be classified But how can you classify them?
I am afraid this is opening an anticipatory Debate on the whole of Part II. The hon. Member is not entitled to do that. He is entitled to tell the Committee that his present proposal would forestall Part II., but he is not entitled to debate Part II.
There is no doubt I am greatly handicapped in not being entitled to criticise Part II. It is only left to me to say I oppose it and that I shall take every possible opportunity of so doing, because I think it would be a great misfortune to agriculture if it were carried. As an amateur speaker I will endeavour to keep within the rulings of the Chair. I submit that my Amendment does give security to all engaged in agriculture. It says that the Board of Agriculture shall have power to inquire, when a claim is made upon it for any sum, whether the claimant has paid adequate and sufficient wages to the men in his employment. I say the Government officer there would protect the interests of the labourers. The alternative to that is to set up a huge system of machinery from one end of the Kingdom to the other to deal with over a million workers, and with a succession of committees collected together, goodness knows how, by Regulations made by the Board of Agriculture, of which we know nothing and can tell nothing. No one knows what a state of confusion will arise in consequence! My Amendment gives security without all that paraphernalia and without all the officialdom which must necessarily come in in dealing with questions of this sort. Any man who made a claim against the Board would, under the Amendment, have to prove that is was a good claim.
The right hon. Gentleman the other day, in discussing the question of supervising the proper cultivation of the land, observed that it was quite possible, as they already had agents and workers available for the purpose. These agents and workers are just as available to act as protectors of the agricultural labourer as they are to be protectors of the Government against cheating on the part of the farmer. Besides that, we have in every county agricultural organisers whose services might be utilised. These gentlemen could be made irremovable from office without the consent of the Board of Agriculture. They could be made independent of the farmer, of the landowner, and of the labourer. They could report from time to time on the condition, in regard to wages, of the agricultural labourers in their district, and if they reported that the men were insufficiently paid it would be open to the Government to take action and to stop the payment of any guarantee. I feel very strongly on this question. You may search the world over, but so far as I know there is no system in which a wage board exists. Why is it now proposed? We are told it comes in large measure from the Milner Report, which says: That is exactly what I propose by my Amendment. The Report continues:
There is a great deal in what was said by the hon. Member with which I agree. I signed the Milner Report myself. But the hon. Member cannot say for one moment that agricultural wages in past years have been satisfactory.
I never said it.
I do not believe the hon. Member would venture to say it. Therefore there must be some effort made to bring about a more satisfactory state of affairs.
That has been done.
I rather differ from the right hon. Baronet. It has not been done in all parts of the country. When i am told—and I believe it is the fact—that in a certain part of the country the farmer is still paying wages of about 16s. a week—
Where? In the Midlands?
I do not think that that is a tolerable state of things.
It is very unusual.
I quite agree. It is very unusual. We have to take this Amendment as it is proposed. What the hon. Member suggests is that whenever the farmer makes a claim under this Bill for any payment under the guaranteed minimum prices that he should then produce his wage list, and he should not get the guarantee unless he has paid an adequate wage. That is in substance the proposal. He means this, that if there are no payments at all to be made under this guarantee, there is no opportunity of revising the wages at all. In other words, when prices are highest there is no chance under the hon. Member's scheme of revising wages at all, and it is only when prices have fallen when there is the least reason for revising wages that the opportunity occurs. The Amendment, which is quite clear in its principle, is obviously so inapplicable that I cannot think the Committee for one moment would accept it.
I am in great sympathy with my hon. Friend who proposed this Amendment. He has shown that he feels, and I feel, though not so strongly, that agriculture is being asked to be put in a position of servility. We are going to have a completely servile world. The Amendment just passed is the first of a number of penal provisos which are going to apply to agriculture, and the Bill onwards teems with them. That is perhaps essential when you have a system of this kind imposed upon the country against the will of those most nearly concerned, both labourers and farmers. I think my hon. Friend was perfectly justified in quoting in support of his Amendment the Milner Report, because that Report in the paragraphs he read clearly support his proposition. They deprecated very strongly associating the guaranteed price with the rise in wages, because they point out that that is likely to have the very opposite effect. The guaranteed price is likely to have one effect and the guaranteed minimum wage is likely to have an effect exactly opposite. They therefore ask you not to stultify your own proceedings until you are perfectly sure that there is necessity for making the provision.
I do see some objections to my hon. Friend's Amendment. The President of the Board of Agriculture has mentioned one, and that is, that you have no hold when prices are highest. The right hon. Gentleman has himself pointed out that the guaranteed minimum wages have nothing to do with the guaranteed minimum prices. In his opening speech in introducing this Bill he told us that the two were to be entirely separated, and, of course, for a very good reason. I am perfectly certain it is not intended that if you once adopt the minimum you will drop it. If it is adopted it will have to go on, and if it is adopted in association with the guaranteed prices the farmer will have the right to say that the guaranteed prices must go on. I object to that principle. Agriculture is quite capable of paying wages which are fair and just to the labourer without any guarantee of this kind. It is being done in Scotland without any of these guarantees.
And in Bedfordshire.
And in Norfolk.
Without any of these guarantees wages much higher than this minimum wage are being paid in various parts of the country. Why, then, are we to have tacked on to these guaranteed prices a minimum wage? The wage ought to be a fair and just wage without any reference to the fixing of minimum prices. As was pointed out by the late Prime Minister only a short time before the War, "here is a fund on which you may draw in any particular case." It was proposed to set up a body so that in any particular case where hardship had come upon the farmer, if he paid a proper wage to his labourers, the Court would have the power to go into the question of rent and take from the rent whatever amount was necessary to enable a fair wage to be paid to the employés. That is the proper fund from which it should come, and not from any guaranteed prices, which mean raising the prices to the consumer. I contend that the progressive farmer in every part of the country is already paying wages far higher than any proposed in this Bill. Therefore, to that extent I support the Amendment. It appears to me that if this Bill were really a war measure that the system proposed in the Amendment is a system which might well be adopted for the period of the War. It is not an ideal system; there are many objections to it, but we all admit that during the War we have to do things we would not do at any other time. If this system were confined to the period of the War, it seems to me a better arrangement than the arrangement for a Wages Board and putting upon the farmer all the difficulties that we shall hear of later. It would give that control which is asked for in the Milner Report. The President of the Board of Agriculture is constantly calling in evidence the Milner Report, and telling us that this Bill is based upon it. Why, then, not carry it out in a particular of this kind? We all know that wages have been rising even in the most backward parts of the country. A large number of men have to be employed in agriculture who are not physically fit to do a full day's work. That must be so for the period of the War, for the able-bodied men have been taken away. You never had at any time in the country's history so many men employed in agriculture who are not physically fit to do a full day's work. That increases the difficulty of making a flat rate for wages. This Amendment would meet that case, because it would give a certain amount of elasticity to the Board and give them a certain amount of power to say whether they considered the rate appropriate to the circumstances of each particular case. That would be a very important matter at the present time. I hold it to be quite unfair to the farmer to ask him to pay to these men who are physically incapable the same wages that he would pay to the men physically fit. There must be elasticity. This Amendment would enable the Board to deal with these cases in a genuine and fair way for the period of the War, and it would avoid the numerous objections that can be urged against establishing a Minimum Wages Board.
If my hon. Friend (Mr. Gardner) will forgive me, I would say that there is a little confusion of thought in his Amendment. There are two alternatives—either to leave to the ordinary pay of the market the rate of pay to be arranged between the employer and the employé, without any State interference, or to have some form of administrative machine in order to secure a right wage for the labourer. My hon. Friend takes neither of these courses. He goes round the corner. If you agree with the view that we must have State interference in a national emergency in order to ensure security for the labourer, obviously the only form in which it can be adequately carried out is under Part II. of the Bill. The only other alternative is to leave it to the employer and employé. My hon. Friend proposes to set up a hybrid machine—because he has got to have a machine of some sort—which will leave the farmer in a state of uncertainty the whole of the time. He will never know what his cost of production is going to be. Therefore, both from the point of view of security for the labourer, if you want it secured by State interference, and from the point of view of security for your tenant, by making perfectly clear to him what the cost is going to be, I oppose this Amendment, and I am glad to think that the Government will not accept it. I should be out of order in referring in any detail to the Agricultural Wages Board, but in a period of national emergency I think we all agree with a large number of things that we should not agree with otherwise, and which my right hon. Friend (Sir F. Banbury) would certainly not agree with. My criticism of the Wages Board will have to be reserved till later.
The hon. and gallant Member says there are two courses open. One is to leave things as they are and to settle the wages by the law of supply and demand. That is the right thing, and I think it is the sensible way and the wisest way and the only way. The next alternative is to have a Wages Board, and we have a third alternative proposed by this Amendment which the hon. and gallant Gentleman thinks is inefficient. I disagree with my hon. and Gallant Friend, and I agree with the mover of the Amendment. It was said by the Prime Minister, in a speech to which I can refer if necessary, that where the State was going to interfere for the benefit of the nation, all the parties who were concerned in receiving benefits should benefit. Therefore, it was necessary to fix a minimum wage for agricultural labourers. My hon. Friend makes that proposal. He says that if the farmer takes advantage of a bounty offered by the State and the taxpayers have to pay the bounty, then certain things will ensue. If, on the other hand, the State does not pay any bounty and the farmer gets nothing out of the taxpayer, then you leave matters to the ordinary laws of supply and demand. Surely that is the sensible way to do it. There could be no difficulty about it, because I am not sure that I have not heard my hon. and gallant Friend say that in his opinion it is very unlikely that the bounty would ever be enforced. If that is so, the question will never arise.
The President of the Board of Agriculture, who I am sorry to say is not in his place, has given reasons for refusing this Amendment. First, he says that there are in some places farmers who are still paying a wage of 16s. a week. I ventured to say that I thought that that was very unusual, and he agreed that it was. Agricultural wages are very difficult things to ascertain. What is a wage of 16s. a week? Does it include a cottage and a large garden? A large garden is a very important thing in these days. As far as I know in many parts of the country, I should be almost inclined to say in most parts of the country, the food question does not touch the agricultural labourer as it touches the labourer in the town, for the simple reason that he grows a very large number of potatoes in his garden. I should not be so foolish as to say that it has not affected him very considerably, because everyone knows that he uses a very large quantity of bread, probably a larger quantity than the man of any other class in the country. But if you are going to look at the matter from the business point of view, you must look at it from all sides. Nobody can deny that in a very large part of the country the labourer is rent free, and has from one-eighth to one-quarter of an acre on which he grows a considerable amount of produce which he eats. That being so it cannot be denied that you have in these advantages a very considerable sum to be added to the wages. I do not know what that sum is. I quite agree that it would have been better never to have brought in that, but to pay a proper wage in money, and a great deal of misunderstanding would have been averted. But even if a 16s. wage is being paid in any part of the country, which I very much doubt, you must not legislate to meet a few hard cases. I believe myself that the question of agricultural wages will be met by the fact that if there is a demand for agricultural labourers the wages will increase. If the land is cultivated there must be a demand for agricultural labourers, and as the cultivation of the land increases so will the demand for agricultural labourers increase, and so will the wages rise. That is a fact.
That is raising the whole question of Part II. of the Bill. We really must not go into that question until we come to it. The hon. Member who moved this Amendment has put forward a simple proposition, namely, that in making any claim under Part I. of the Bill the farmer shall prove to the satisfaction of the Board of Agriculture that he has paid a substantial rate of wages.
I am sure that you will agree that I always endeavour to keep within the Rules of Order, and I think that more or less I generally succeed, but in this case the President of the Board of Agriculture did advance reasons for not accepting this Amendment, and those reasons were that in certain cases a wage of 16s. a week was being paid at the present moment, and that if the Amendment of my hon. Friend were adopted it would result in this, that where prices were high there would be no need for better wages and that it would only apply where prices were low, and I was only endeavouring to meet the argument in the way in which I thought it ought to be met, because that is the argument on which he grounds his objection to my hon. Friend's Amendment. With regard to the second reason given by the President of the Board of Agriculture, namely, that nothing will apply if prices were good, my argument applies more than ever to that particular state, because if prices were good there would be a great demand for agricultural labour and interference by the State would be useless, ineffective and calculated to set back the cause which we all have at heart. I presume that if my hon. Friend goes to a Division, in which case I shall certainly vote for him, and the Amendment is adopted, Part II. will be dropped.
I feel a great deal of sympathy with the hon. Baronet, but I do not agree with the last sentence, that if we pass this Amendment it necessarily means that Part II. must be dropped. As regards my own position, I agree with the hon. Member for Wokingham, who said, in moving this Amendment, that he did not believe that anyone who has any practical experience of farming will attach any great importance to Part II. I do not believe that it would be really effective in raising wages. I believe that there will be ever so many gaps, difficulties, and so forth. I agree with a great deal of what the hon. Gentleman said. At the same time everyone must recognise that if this Bill passes Part II. will have to pass with it. It would be quite absurd to suggest that farmers should be guaranteed a minimum price and not have to pay a minimum wage. It is utterly idle for any hon. Member to come to the House and to say, after supporting this Bill, that if we carry this through Part II. should be dropped. We cannot do it. I disagree with the whole Bill from beginning to end, but I want to consider this Amendment on its merits. It seems to me that if we take this Amendment on its merits, and not as an alternative to Part II., there is a great deal to be said for it. In the first place, it carries out what was the intention of the Prime Minister, by providing that while a farmer gets benefit out of this Bill he shall also show that he has treated his men fairly and that they also shall benefit. That is, at the time he is making a claim for a bounty, he will have to send in a list of wages and hours of work and of the men he employs, and so forth; and he will have to satisfy not merely his local friends, but the Board of Agriculture or their inspector that he is dealing fairly with his men.
That seems to be a very valuable proposition, apart from any question of Part II. It is valuable in this way, because it will check the local administration of Part II. Under Part II. the Minimum Wages Board will consist largely of the friends and neighbours of the farmer. There will be all kinds of ways of evading the intentions of Parliament. It seems to me that this will give a very valuable check. It will be specially valuable as regards the men who are not able-bodied, because everyone knows that that is where you are going to get into great difficulty. It is all very well to state the minimum wages for able-bodied men, but what is the proportion of able-bodied men employed on ordinary farms to-day? Looking round the farms which I know in my own neighbourhood, I must say that there is a very small proportion of men who would really pass for able-bodied men. People are employing old men, crippled men, and sometimes they employ men who—
The hon. Member cannot deal with Part II. of the Bill on this Clause.
On a point of Order. I am supporting this machinery because it is more elastic machinery than is provided in Part II., and I am entitled to do this.
Is my hon. Friend not entitled to argue that this is a valuable provision in addition to Part II., and can he not point out in this way where Part II. fails?
That opens up Part II. of the Bill, under which, of course, he would be entitled to go into all sorts of particulars with regard to able-bodied men. I think the hon. Member was in the House when the Chairman indicated to the hon. Baronet the limits within which the Debate must proceed.
With great respect, this Amendment does seem to me to be much more flexible. I myself used that argument without being called to order for the purpose for which the hon. Member now uses it, and I really think that, on a close examination, it ought to be in order to deal with that now. It is separate from the Wages Board altogether.
That will arise when we get to Clause 4—that is, the question whether you are going to limit it to able-bodied men or whether you are not. We cannot have that discussed then and have it discussed now. I am sure that the hon. Member will understand that.
On the assumption that Part II. passes as it is, it seems to me that the argument is this: that you should have an elastic machinery which will protect people who are outside Part II.
I am very much obliged to my hon. Friend. That is exactly the point which I was trying to put. Assuming that Part II. passes and those men do not come within the scope of Part II.— they are all in, but they are not affected by Part II.—they will be dealt with by local wages boards, and it is very desirable in the case of these men who are not able-bodied and who do not get hard and fast protection that there should be some provision made for them.
If the hon. Member will read again, as I am sure he has read already, Clause 4 of Part II., and directs his attention to the Amendments already on the Paper, he will see how fully it is covered.
I will not deal with that any further. I think that I have made clear the point that I wanted to make clear, that this Amendment as it seems to me does provide an appeal which might be of great value to the labourer who does not consider himself sufficiently protected under Part II., and I hope that I am not out of order in submitting that. Also, it lays down clearly that the minimum wage will accompany the claim for bounty. That is to say, it puts the two together. One of the difficulties that were pointed out by my hon. Friend the Member for Dumfriesshire is that, in spite of the professions made by the supporters of this Bill, there will be a tremendous claim made to make this permanent, and one of the strongest reasons will be an argument of this sort, that clearly you cannot get rid of the minimum wage, and if farmers are to pay a minimum wage they must also continue to have the bounty. I object to have a permanent bounty, and therefore I object to the other. This Amendment at any rate will do something to bring the two together, and make it plain that the man who applies for the bounty will have to show that he is dealing fairly with the labourers he employs.
For some reasons I should think it right to support this Amendment but not for certain of the reasons that have been given. The Amendment is proposed on the ground that Part II. is undesirable, and all the reasons adduced in its support would have had greater force in regard to agriculture before the War, than in regard to any other industry in the country. I agree with the hon. and learned Gentleman who spoke last that this Amendment might be regarded as an important addition to all the powers given under Part II., on which there are numerous Amendments to be moved, that, if adopted, would give a certain latitude to the Wages Board. It is possible that the Wages Board might insist on a certain minimum wage, and deal with that question in different parts of the country. Therefore, where the bounty is claimed I should like the Board of Agriculture to have an opportunity of saying, "Quite true; you have been paying the minimum rate in your district, but the authorities want to see that the rate is an adequate rate of wages." In that way I think this Amendment might be accepted by the Board of Agriculture. It has been declined merely on the ground that it is in substitution of Part II. I see no reason why that should be the position at all, nor, on the other hand, do I see any reason why the Amendment should be proposed with the idea of substitution. I venture to hope that the Board of Agriculture will give consideration to this matter, and will consult with the President of the Department. If the Amendment goes to a Division I shall certainly vote for it, but I do not see why it should not be added to Part II., so as to enable the Board of Agriculture to put the various rates of wages paid throughout the country on a proper level.
It has been suggested in the course of the discussion that the position of the agricultural labourer is so good, and the conditions, according to the right hon. Baronet (Sir F. Banbury), so favourable, that there will not be much necessity, if any, for a minimum wage. But if that be the case, and if wages are so high, then where comes the necessity for an inquiry such as proposed by the hon. Member? The most amazing thing I have heard is that the position of the agricultural labourer is-satisfactory, and that his wages have exceeded the minimum of 25s. mentioned in the Bill. The statistics of the Board of Agriculture up to the last two or three years, however, certainly contradict that view of matters. There are districts where the minimum wage is exceeded, but they are in the North of England, and near large industrial centres. On the other hand, neither the nature of the soil, nor the rent paid, bears any relation to the wages paid to the labourers. I hope the Government will adhere to their proposal in Part II.
I hope very much that the Committee will take the view that we have so far had a very interesting discussion upon this point, and that the time has come when we should come to a decision and enable us to proceed to the consideration of Part II., on which there are various Amendments and important proposals to be dealt with. This Amendment is brought forward in substitution of Part II., and it is quite impossible for the Government to accept it, together with the consequential Amendment. The Amendment proposes that the Board of Agriculture should call upon the claimant of the bounty to make a list, "with principal occupations and ages of all those employed during the year in which the corn was grown," a demand which would entail the organisation of a body of officials to get this information in all parts of the country; and the information that is asked for is to be given, "together with the wages and yearly carnings of each employé; and if, in the opinion of the Board, those wages and earnings were, in all the circumstances, inadequate, such claim may be disallowed." The Government have taken the view—and I think most will agree that they are right—that under Part II. these matters must be dealt with by the Wages Board, and the Committee must really consider whether this Amendment is not a proposal to set up side by side with the Wages Board a kind of duplicate Wages Board, so to speak, to deal with questions that the Wages Board ought to cover. I hope that we may be allowed to pass on to the much more businesslike proposal under Part II., on which we can have a Debate.
I want to say a word or two before we go to a Division. I would point out that we have heard support of this Amendment from entirely contradictory points of view. If this Amendment is merely intended as an extra check—although I think it lacks very much in that respect—something might be said for it; but to put it forward as alternative to the machinery set up in the Bill is grotesque, and, in my opinion, it would break down altogether in action. The Board of Agriculture would be overwhelmed by statistics and returns from all parts of the country that they could never examine, without local investigation and local machinery. I hope that those who do support this Amendment realise quite clearly that there must be an unabated figure put down for the Wages Board as a minimum wage, and, if these proposals are to have any real importance, they must have for their object an improvement in the position of the agricultural labourer. If this alternative machinery proposed under the Amendment were accepted, it would break down the Bill altogether—I do not know whether that would matter a great deal or not—and clearly the labourer would have the right to be profoundly dissatisfied with such an alternative, because; in practice, it would yield him nothing except a great pile of statistics which the Board of Agriculture could never use.
Amendment negatived.
I beg to move, in Sub-section (3) after the word "person" ["any person makes"], to insert the word "knowingly."
The object of this Amendment is to provide that those against whom proceedings may be taken under the Clause shall not be in a worse position than any other person against whom a similar charge might be made. I do not quite understand what the position will be, whether a new offence is created by the words of the Clause; it seems to me that it is so. But, whether that be so or not, the charge that would be brought would be something in the nature of a charge of obtaining money by false pretences, or of making a false declaration.
6.0 p.m.
In either of those cases, if the charge took that shape—and I suppose it would have to take that shape—it is necessary to show that the person accused of committing the offence did so wilfully or knowingly or with intent to defraud, and the onus of showing that is quite rightly and properly thrown upon those who bring it. I see that the President has an Amendment following mine, no doubt with the intention of meeting the difficulty to which I called attention, but I do not think it does meet it. As the Clause stands, there is no protection in law, as I understand it— and perhaps the Attorney-General will put me right if I am wrong—if a man makes a mistake. We have heard in the course of these Debates that farmers do not keep accounts and that they are not good men of business. They are shrewd enough in dealing with their fellows or with those with whom they have to deal in their ordinary affairs, but they are not exact and accurate or experts in making the sort of returns which, for the first time, they will be called upon to make in order to comply with the provisions of this Bill. As the matter stands at present it would appear that all that the prosecuor would have to do would be to establish that a false return had been made for the purpose of obtaining the payments under the Act, and he would be entitled to ask the Bench to convict the accused. I do not think that is the position hon. Members would defend, whether the offence relates to a farmer or anyone else. I bring this Amendment forward on general principles and so that the protection which the criminal law throws, and rightly throws, over those who are accused shall not be withdrawn in this particular instance. I appeal to the Attorney-General to accept the word "knowingly" or some other cognate word that will give the person who is in the unfortunate position of finding himself charged under this Section the same protection which is afforded to all other subjects who stand in peril in that way.
I think the hon. Gentleman has made out a very strong case for something to be done in the case of the man who makes an error or unwittingly incurs a penalty, but I venture to say that the Amendment to be proposed by the President is a better and more reasonable safeguard against a man being punished for an offence which he unwittingly committed than the Amendment of the hon. Member. At the same time we are, I feel, indebted to him for raising the point.
I think my hon. Friend (Sir F. Blake) has done service by calling attention to this matter, because it was in consequence of his so doing that my right hon. Friend's attention was directed to it and has introduced the subsequent Amendment. I have no doubt after consideration that the last speaker is right in saying that the Amendment of my right hon. Friend meets the case better and more reasonably than that now moved. The subject in relation to which the false statement is made is as follows:
"for the purpose of obtaining a payment under this Part of this Act, either for himself or for any other person, makes any false statement or false representation, he shall be liable on summary conviction to imprisonment …"
My hon. Friend says that a man may make a mistake, but I would point out that this is not a subject on which he is specially likely to make a mistake. But nobody wants to administer these things with harshness, and therefore my right hon. Friend proposes to add the words "unless he proves that he did not know and could not, with reasonable diligence, have ascertained that the statement or representation was false." Surely that meets the case.
Is it not possible that a man might make a mistake as to the acreage, which is not always certain?
My right hon. Friend's Amendment meets that case. If such a man were charged as to the acreage he would say that the tradition of the farm was that that was the acreage.
I saw the Amendment of the President, and the only reason why I went on with mine was that I thought that the onus of proving this criminal charge ought to be thrown on the prosecution. I do not know of any similar case. I think it is a new departure we are making. I would ask the Attorney-General to tell me of any similar case where in launching possible criminal proceedings the onus of proof is not thrown on the prosecutor to show that the person accused is guilty of the charge brought against him. I have taken the trouble to look up the cases and I cannot find one of the kind amongst them. In the most recent case I could find, that of the Insurance Act, there is a provision as to any person who for the purpose of obtaining any benefit or payment knowingly makes any false statements. There is the Perjury Act of 1911 where the words "wilfully and knowingly" occur. If the sense of the House is against me I do not wish to persist, but I desire to call attention to the point.
You have the instances of the Trade Boards Act and the Bankruptcy Act, and there are similar cases, which my hon. Friend will no doubt recollect, in the case of fraudulent statements.
I think there is a great deal to be said for the view put forward by the hon. and learned Gentle- man (Sir F. Blake). I dare say that my right hon. and learned Friend is quite right in the two cases he has quoted, but I myself remember, particularly, when I was introducing Bills in this House which dealt with agriculture, I was pressed by an hon. Gentleman who used to sit below the Gangway in every case to provide that the onus of proof lay on the prosecution and not on the man accused. Hon. Members will remember a small Bill which really had very wide operation the Bee Disease Bill. When that Bill was introduced it was in a form which threw the onus of proof on the bee owner, but in the discussion in the House it was pointed out how unfair that would be. I think the House unanimously decided that it would be rather hard to throw the onus of proof on the man, and that it rested with the prosecution. In every Bill subsequently that I introduced on behalf of the Department I always took that line, and I think if the President looks up precedents in his own Department he will find that the proposal now made is a precedent of the Board. I agree that in some commercial cases mentioned by my right hon. and learned Friend the onus of proof is on the other side. I hope that the President will not depart from the precedent of his own Department and will accept this Amendment.
Surely the onus is upon the person who makes the false statement and not the prosecution. If the prosecution prove there is a false statement, then, if he can show that he did not make that false statement knowingly with intent to defraud, the prosecution would fail. The onus of proof would still be on the Department to show that there is a false statement.
The principle is this, a man who makes a statement for the purpose of himself getting some money from the State or to enable somebody else to get it ought to take reasonable pains to see that his statement is true. The word "knowingly" does not quite cover his obligation, whereas the words proposed by the President exactly express the principle.
Amendment negatived.
I beg to move, in Subsection (3), after the word "term," to insert the words "not less than one month and."
This Sub-section provides punishment for a serious offence and a fine is omitted. It is to be a term of imprisonment not exceeding six months. There are many offences of this kind punished by fine or imprisonment. As I say, the Government has considered it so serious a crime that they have eliminated a fine and made it imprisonment only. I suggest in doing that they have not gone far enough, because under the Clause as drawn a single day's imprisonment will satisfy the law. My Amendment is to insert the words on the Paper, which will have the effect that at least a month's imprisonment must be imposed. Perhaps a month is too long. I do not know. But I should not say for so serious a crime that one day or one hour, as is possible under the Clause as drawn, would be other than an inadequate punishment. If it is adequate, then there ought to be the option of a fine. I would suggest that some definite time, more than an hour or a day, ought to be the inevitable result of any farmer obtaining money under a Bill of this kind under a representation which is false, and which, it has been pointed out, must be fraudulently made.
Of recent years the whole tendency has been to do away with minimum punishments. I believe, although I am not a lawyer, that under the Summary Jurisdiction Acts there is power to reduce a prescribed punishment where it has already been given as a minimum. It is in this particular case very desirable to do as we suggest, because a false statement may be made in a matter of a very immaterial character. Further than that, if you impose a minimum penalty you always run the risk of the Court refusing to convict. That is a point I should like to make.
Amendment negatived.
I beg to move, at the end of Sub-section (3), to add the words "unless he proves that he did not know and could not with reasonable diligence have ascertained that the statement or representation was false."
I would ask whether the right hon. Gentlemen opposite do not think that the second qualification is too severe—"could not with reasonable diligence have ascertained that the statement or representation was false." I am rather alarmed by the very instance given by the Attorney-General. He said: Supposing a person had always thought that a field was so many acres in extent that his estimate would be taken. I do not think a judge would take that. He would not take mere tradition. He would demand absolute fact. Hardly anything can creep out of this qualification. I ask the Government whether they think it necessary to put in this very strong second qualification?
Amendment agreed to.
I beg to move after the words last inserted, to add the words "and shall forfeit to His Majesty's Treasury a sum equal to twice the payment that he would have received if the statements and representations had been true, and if such payment has been made shall also return the amount thereof."
I move this Amendment in the absence of my two hon. Friends, the hon. Member for the Tradeston Division (Mr. D. White) and the hon. Member for Newcastle-under-Lyme (Commander Wedgwood). I think it is essential that there should be a money claim, or a monetary punishment. The hon. Member for St. Pancras has pointed out that there is no option in the punishment of a fine. The Amendment which I now move does bring in the option of a fine or imprisonment. It punishes the victim by both. I think it will be admitted generally that farmers are a class who need watching. Of course it is impossible for Members for agricultural constituencies to say that. But I am a farmer myself, and I am the Member for an industrial constituency, and perhaps I am at liberty to make the assertion. Those most closely associated with the noblest animal in creation, the horse, are themselves very much the opposite. The nearer they are associated with that animal, I think the less noble they are Seriously, however, I think that the Amendment I am putting forward is very much to the point.
I have given the view— [HON. MEMBERS: "Speak up!" and "We cannot hear."] I think on reflection the Committee may arrive at the conclusion that this proposed Amendment is not really a valuable addition to the Bill. The view taken by the Government in the matter has been this: To begin with, the prosecution must show—that is to say, the Government Department—that they have complained of a false statement. Obviously that is a serious matter, unless the person exposed to the charge is able to show a reasonable ground for making such a statement. Supposing he fails to do that, it would be impossible to exaggerate the gravity of the situation. It was not thought desirable that the penalty should be reinforced by a pecuniary one.
Amendment negatived.
Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill.'
This is the first Clause which imposes penalties in the Bill. I am sorry to say that it is not the last. We have another penal Clause immediately ahead. It points to a state of things that we are creating under this Act. I have always contended that this Act is going to produce an absolutely servile state of things in agriculture. Here we have evidence of it. I would draw the attention of the Committee to the fact that it has been found necessary by the Government to put in a Clause of extreme severity—that is to say, the one which is now in the Bill. Sub-section (3) of the Clause reads:
(3) If for the purpose of obtaining a payment under this Part of the Act, either for himself or for any other person, any person makes any false statement or false representation, he shall be liable on summary conviction to imprisonment with or without hard labour for a term not exceeding six months."
There is no option of a fine. Here is a very severe Clause indeed—as everyone must admit. Yet severe as it is, two hon. Members have put down Amendments to make the penalty still more severe. The hon. Member for St. Pancras desired to add the words "not less than a month," and then we have just heard an explanation of the Amendment moved by the hon. Member for one of the divisions of Glasgow. It is true that a mitigating Clause has been put forward, which the Government have endeavoured to meet. But it does illustrate the artificial condition of things which, by this Bill, we are now instituting, and the danger both to the State and to the individual. My own view is that if we had had a simple war measure, that by that alone we could have obtained all the objects desired, and we could have induced everybody to do their best without introducing into the matter these very severe penalties.
I am rather sorry the Government have not replied to the remarks made by my hon. and learned Friend (Mr. Hardy). I think those remarks were distinctly apt. I think that the Amendment which has been put into the Bill does require some alteration which will now have to be made on the Report stage. See what the Subsection of the Clause does as amended. It provides that if
"any person makes any false statement or false representation, he shall be liable on summary conviction to imprisonment with or without hard labour for a term not exceeding six months."
That is a very hard law!
Hear, hear!
But an Amendment has been moved by the Government in the words
"unless he proves that he did not know and could not with reasonable diligence have ascertained that these statements or representation was false."
I venture to say that the statement of my hon. Friend the Member for Kent is quite right, and that all the good of the Amendment which was put in a few moments ago is taken out by the inclusion of the words "could not with reasonable diligence have ascertained." At first I thought on reading the Amendment that it was a good one, but I must say I think that unless these words I have quoted are left out the matter will be calculated to inflict very great hardship upon the tenant farmers of this country and will not meet the point which was raised by the hon. Member for Northumberland who, I think, moved to put in the word "knowingly." That Amendment was withdrawn because it was understood that this Amendment would meet the case. I see my hon. Friend the Member for one of the divisions of Somerset opposite to me (Colonel Sanders). He has great knowledge on the subject. Perhaps he will confirm me when I say that there are a large number of tenant farmers who take the acreage of their fields as being what they have always understood them to be from their fathers, or the preceding tenants. That acreage is very often not quite correct. Supposing a man has three or four different fields of oats or wheat, making altogether about 40 or 50 acres. A variation of that approximately total amount may very easily be 2 or 3 acres. That might be found by ordnance survey. Supposing a case is brought before a magistrate in a Court of summary jurisdiction, what are the magistrates to do? Their clerk will tell them that the Act provides so-and-so, and the chairman will probably ask to be shown the particular clause under which the prosecution is brought. He will say that he must convict the defendant, that he has no alternative, that he is bound to carry out the law. He must, he will say, convict unless the man can prove that he "could not with reasonable diligence" have ascertained the facts. The farmer will quite honestly say: "I have been a tenant of this farm for the last nine years. When I took it over from the last tenant I understood that the acreage of the various fields was so-and-so." What can the chairman of the bench say to that? He will look at the Act and say "reasonable diligence." He will be bound to ask the question of the defendant: "Could you not have got the ordnance map and found out from that what was the acreage? You must understand that there is an Act of Parliament which has been introduced, and which enjoins upon you that you are to take reasonable diligence to ascertain the actual acreage upon which you are going to demand payment from the taxpayer. Anyone can obtain an ordnance map. You ought to have got it, and you did not do so. Therefore you must got to prison for two months with hard labour." There are a great number of lawyers in this House. We have the presence at this moment of my right hon. Friend the Member for the University of Dublin (Sir E. Carson). There is no greater authority on legal questions in the House. I would venture, therefore, to ask him whether the case I have put is reasonable?
I am sure any case my right hon. Friend gives is reasonable.
If that is so, and my contention is right, although it is too late to make an alteration now, I think we ought to have an undertaking from the Government that on the Report stage they will delete these words.
I rise to support the request to the Government to reconsider their action with regard to this Clause. I think this Clause as it stands, imposing for an offence imprisonment without the option of a fine, is one calculated to make the Bill very unacceptable. An offence may vary very considerably in its gravity from the most venial form to a very serious crime, and by imposing a penalty of imprisonment without any option, I think by the very terms of the Bill, apart from carrying it into effect, you are casting an insult at the farming community. I think the President of the Board of Agriculture was ill-advised in refusing to adopt the suggestion of the right hon. Gentleman the Member for Kent. The effect of the Government's proposal is to put the onus on the farmer, who is accused of an offence under this Clause of not only proving that he did not know he had made a false statement, but it also makes him establish affirmatively that he has taken certain steps in order to convince himself that the statement which he has made is true. It might well happen that a person had made his claim carelessly. It might be a false claim; it might be materially a false statement, but it might not be made knowingly, and I maintain that if it is proved in defence that he did not know he had made a false statement, that should be enough to justify a Court of summary jurisdiction in acquitting. As this Bill contains a certain Clause dealing with Ireland, unless a promise is made that this matter will be modified on Report by an Amendment to the effect that the objectionable features of the Clause shall not have effect in Ireland, I shall oppose it.
I think hon. Members are rather unnecessarily alarmed by this Clause, because a bench of magistrates has considerably more power than some hon. Members seem to think. If there is anything like a serious misrepresentation, of course, they will convict, and there will be a period of imprisonment. But, supposing there is a case in which a man has acted for a number of years on the assumption that a field has a certain acreage, what bench of magistrates is going to convict? There is a Clause in the Summary Jurisdiction Act covering such a case. All that the magistrates have to do is to convict and require the defendant to pay the costs, or part of the costs. It is often done.
Almost all these points have been very fully discussed, and I will only attempt to make a very brief observation in reply to the three speeches, other than the last speech, in the discussion which has taken place on the Clause as a whole. The hon. Gentleman who introduced the discussion of the Clause spoke with profound regret of the decline in our institutions, because of such a proposal. What is there so shocking in it? It is not in the least a proof of the decline of the standard of public conduct in this House that such a proposal should be brought forward. When my right hon. Friend, who is a lawyer of experience, is so shocked by the terms of this proposal, and when the right hon. Baronet calls our attention to the alarming consequences, I must remind them that the House of Commons, not in time of war, but in time of peace, has done this more than once, and with no ill-effect.
This Bill is for five or six years.
The proposals to which I refer are permanent proposals. The right hon. Baronet, I know, has never missed a Bill since he has been in the House, but I rather think this particular Bill was passed in an unfortunate hiatus when he was out of the House. It was in 1906, just after the election. I refer to the Fertilisers and Feeding Stuffs Act, Section 6 of which provides that if any person
"causes or permits any invoice or description of the article sold by him to be false in any material particular to the prejudice of the purchaser"
he shall be liable to certain consequences, provided that a person shall not be convicted of an offence if he proves
"that he did not know, and could not with reasonable care have ascertained, that the invoice or description was false."
It is the law, and it is common sense. In every such case you say it is a false representation, and primâ facie the person is guilty, but if he can show that he could not with reasonable care have ascertained, it would be construed by a judicial magistrate in the way my hon. and learned Friend who has just spoken suggested. But if a person could not show that it would be right that he should undergo the penalty—
Would my right hon. and learned Friend, if he were chairman of a bench of magistrates, consider it a reasonable excuse if the defendant said he had not had time to study the ordnance map?
Certainly not. Supposing the farmer were to say, "I have such-and-such enclosures. I knew I had to inform the public authority of the exact extent of these enclosures for the purpose of getting money from the public authority, and I never even took the trouble to measure or inquire or look at the map, but I put down a certain number of acres, and have been paid a sum larger than I should have been paid if I had taken the elementary precautions." Why should he be exempt from the penalty? On the other hand, supposing a respectable farmer said, "When I took over this farm I took a rough map, and I accepted the statement as reasonable that enclosure A was a certain acreage, and I took enclosures B and C in the same way." I do not think any magistrate so stupid as not to accept that.
May I make one remark on the right hon. and learned Gentleman's speech. He has quoted from an agricultural Bill of 1906. I am sure that he will admit that in 1906 that Parliament was new to its work, and at that time had not the counsel of my right hon. Friend the Member for the City of London, but the right hon. and learned Gentleman will find that from 1909 onwards there was not a single case where the onus of proof was thrown on the farmer, and it was on those precedents that I ventured to support the Amendment of my hon. Friend the Member for Northumberland. Of course, nothing can be done at this stage, but I hope the Department will look into the case and see if they cannot omit the words as suggested by the right hon. Member for Kent. "Reasonable diligence" is looked at in different ways by magistrates, and if there is to be such drastic punishment, I think you should not do more than punish a man for knowingly committing an offence under the Act. I would appeal to the experience of the Department in support of that.
I think this Bill introduces a new principle which entirely justifies any extra stringency which may be taken, and that is the fact that farmers may be helping themselves to public money. You are now establishing a principle that a farmer by a false misrepresentation may get public money to which he has no right, and to which he has no title, and surely in a law of that kind it is not unreasonable to say that he must take reasonable diligence to see that the facts he sets out are true. For that reason, I think, there is ample justification for the Clause, and I hope it is not going to be weakened.
I desire to enforce the observations made by my hon. Friend the Member for Sligo (Mr. Scanlan). I submit that this Amendment as now drafted will defeat itself. It will defeat the object in the very same way as the harsh laws of old, when a man was hanged for stealing, we will say, a sheep, or even the fleece of a sheep, and it was consequently very difficult to get juries to convict. In the same way, when you have a punitive Clause like this, without any option of a fine—
As my hon. and learned Friend opposite said, there is a general provision under the Summary Jurisdiction. Act which gives magistrates this power.
I desire to point out that magistrates in Ireland who will have the administration of this law will be the neighbours and friends of the accused person. All over the country the benches of magistrates are manned by farmers, and when a harsh law like this comes before them for administration they will, if they have any doubt at all in the matter, give their neighbour the benefit of the doubt. Therefore, I submit to the Attorney-General, in order to make it clear, that this Clause should be drafted in such manner as to make certain that there would be no miscarriage of justice by acquitting a man who ought to be found guilty. The alternative ought to be in the Clause itself. We know very often that there is a miscarriage of justice by reason of the fact that the law is harsh. There is another reason why this Clause ought not to be left as it is. I am speaking; in the presence of people who know the truth of my statement when I say that there is antagonism between the police and the people in Ireland, and it very often happens—and it has been proved— that the police have instituted prosecutions for the purpose of revenge and persecution. There is no doubt at all about that, and this proposal would open up a new way whereby angry or unjust policemen might put the law in motion. Therefore I submit that this Clause as it is drawn ought not to be allowed to pass, and for that reason I shall support any Amendment to the effect that the Clause be deleted from the Bill.
I am very glad that the Government have adopted this course. I do not think any innocent man is likely to be convicted on account of the absence of the word "knowingly." There are many precedents where the word "knowingly" has been put in, and there has been any number of cases where people have got off through that word being in the Act. I suggest the proper principle is that where the offence is in regard to matters which are fully within the knowledge of the persons accused there is no difficulty, and this is only a question as to the cultivation of a certain number of acres. It may be that instances will arise where a man has made a mistake, but in that instance surely we can rely upon the magistrate to protect men in those cases. The mere fact that the man did not look at the ordnance map will not secure" his conviction. The principle which has been adopted heretofore is that where the matter is entirely within the knowledge of the person accused, upon him must be placed the onus of showing that he has not committed the offence. It must be shown in every case that there is no possibility of the accused having made a mistake. If the law were altered as suggested it would cause the greatest likelihood of men getting off who ought to be convicted. I shall support the Government right through in keeping this Clause in the shape it is at the present time. I have no fear that there will be a single case in any part of the United Kingdom where a farmer will be unjustly convicted.
I am surprised at what has fallen from the two hon. Members who last addressed the House. I may point out that the subsidy is very much narrower in the Bill now than it was originally. The only information which the farmer needs to supply with his claim is the acreage under wheat and oats on the land he is cultivating. The hon. Member for Kildare (Mr. J. O'Connor) speaks of this inflicting hardship, and he compares it with the old drastic laws against sheep stealing. This to me seems to be passing the bounds of reasonable criticism. This proposal is directed not against sheep stealing, but against the stealing of public money. It is proposed to give a certain subsidy in respect of the acreage cultivated, and we require that the farmer should state what is that acreage. If it was a case where a farmer knowingly made a false declara- tion the prosecution would have to show that what he did was false and that he knew it was false. The reasonable plan is what the Government have proposed in the Bill, namely, if it is shown that the statement of acreage is false, then he should be dealt with unless he can show that it was innocently made and that he was not in any way to blame. It is important that if the statement is false the burden of proof should not be upon the prosecution.
I hope the Committee will now agree to dispose of this question.
Question put, and agreed to.
Clause ordered to stand part of the Bill.
CLAUSE 4.—(Minimum Rate for Agricultural Wages.)
(1) Any person who employs a workman in agriculture shall pay wages to the workman at a rate not less than the minimum rate as fixed under this Act. And if he fails to do so shall be liable on summary conviction in respect of each offence to a fine not exceeding twenty pounds, and to a fine not exceeding one pound for each day on which the offence is continued after conviction therefor.
(2) On the conviction of an employer under this Section the Court may by the conviction adjudge or order the employer convicted to pay in addition to any fine such sum as appears to the Court to be due to the workman employed on account of wages, the wages being calculated at the minimum rate; but the power to order the payment of wages under this provision shall not be in derogation of any right of the workman to recover wages by any other proceedings.
(3) Any agreement for the payment of wages in contravention of this Section, or for abstaining to exercise any right of enforcing the payment of wages in accordance with this Section shall be void.
(4) The provisions of this Section as to payment of wages at a minimum rate shall operate as respects able-bodied men as from the commencement of this Act (although a minimum rate of wages may not have been fixed), so as to enable any sum which would have been payable under this Section to an able-bodied man on account of wages if a minimum rate for able-bodied men had been fixed to be recovered by the workman from his employer at any time after the rate is fixed.
I beg to move, in Sub-section (1), to leave out the word "a" ["employs a workman"], and to insert instead thereof the words "an able-bodied."
This Bill is very badly drafted; in fact, it is the worst I have ever seen brought in for the last nine and a half years. It does not define what is an able-bodied workman. As far as I can gather, Clause 11 defines what a workman is, but I would like to ask what is a workman? According to this Bill it may either mean boys, women, or girls, and a more ridiculous state of affairs you could not have. I want the right hon. Gentleman in charge of this Bill to make a statement as to what the workman is with whom we are dealing. We all know that upon farms farmers employ more men who are disabled through infirmity, old age, and other causes, than any other trade in the country. We know perfectly well that at the present moment farms are being worked to-day by men who are chiefly not able-bodied. What could be more ridiculous than to have a statement put into the Bill that workmen may be defined as boys, women, and girls? I think it is absolutely necessary that we should have here or in the definition Clause the words "an able-bodied," or later on we should define the word. I sincerely hope it will be taken in the place I have proposed, because I think that is the right place, and if the right hon. Gentleman can persuade me that it is not the right place I will withdraw it.
The hon. Member's Amendment raises two points. One is whether this Clause should be confined to able-bodied workmen. May I point out that in this respect his Amendment would enormously increase the risk of employing women, boys, girls, and persons who are not able-bodied?
Why not?
It would undoubtedly have that effect, and I do not think that that is the hon. Member's intention. The hon. Member does not want the able-bodied men to be thrown out of work, but the putting in of these words would have that effect. I know there is a great difficulty in fixing a scale for those who ar6 not able-bodied, but we think that under the wages board system that difficulty can be dealt with; therefore we decline to accept the insertion of these words. The hon. Member says that there is no definition of the word "able-bodied." If he will look through the Amendments to Clause 5 he will find that the Government have put down an Amendment denning the expression "able-bodied man." I know it is an extraordinarily difficult thing to do, but the definition we suggest is as workable as can be suggested. I am not sure whether the hon. Member, before moving his Amendment had noticed this proposed addition to the Bill, or whether his attention has been drawn to it now for the first time. The effect of his Amendment is as I have stated. If these words are put in, then the chance of the farmer employing only women, boys, and girls instead of able-bodied men is enormously increased, and that is one of the dangers against which we wish to guard.
If I understand the right hon. Gentleman's statement and the Amendment, the effect of putting the words "an able-bodied" in the Bill would be to make it impossible to pay a minimum wage to women, boys, and others of that class. If that is the effect of the Amendment then it would be destructive of the whole of this Clause. I have on the Paper an Amendment later on which I do not propose to move, for the reason that I do not want to interfere with the definition of "workmen" to which the hon. Member who moved this Amendment has called attention, because that definition does not say that a workman is a woman, a boy, or a girl, but that the term "workman," as contained in this Clause does include women and boys, and therefore it seems to me that the insertion of the words "an able-bodied" would destroy the whole meaning of this Clause, and would prevent the Wages Boards from operating as effectively as they ought, and would prevent the minimum wage being paid to workmen and boys. Consequently, I shall oppose this Amendment.
7.0 P.M.
The right hon. Gentleman the President of the Board of Agriculture says that we must not accept the Amendment, for by doing so we should run the risk of creating unemployment amongst men, because farmers would employ women or boys. I interrupted, and said, "Why not?" and I still say "Why not?" Surely the farmer ought to be allowed to employ the labour which he thinks best suited for himself? This is another instance of what is going to happen under this Bill. The farmer is not only going to be told that he must pay certain wages to workmen, or to able-bodied men as proposed by my hon. and gallant Friend (Captain Sir B. Stanier), but he is also going to be told what sort of workmen he is to employ. [HON. MEMBERS: "NO!"] I am going to show my reason for that statement. The hon. Gentleman who has just sat down (Mr. Wardle) has hit the nail on the head. He has pointed out that under the Bill as it stands women and boys are included, and therefore the minimum wage of 25s. per week will be paid to women and boys. [HON. MEMBERS: "No!"]
Will the right hon. Baronet look at Sub-section (4) of this Clause?
Sub-section (6) of Clause 5 says:
"The Agricultural Wages Board shall secure for able-bodied men wages which in their opinion are equivalent to wages for an ordinary day's work at the rate of at least 25s. per week."
This Clause says:
"Any person who employs a workman in agriculture shall pay wages to the workman at a rate not less than the minimum rate as fixed under this Act."
The two Clauses contradict each other. [HON. MEMBERS: "NO!"] There is no definition of the word "workman."
There is a definition of the word "workman" in Clause 11.
Clause 11 says:
"The expression "workman" includes boys, women, and girls."
That carries out my point that a "workman" does include boys, women, and girls, and, as Clause 4 stands, any person who employs "a workman" as defined in Clause 11, and therefore who employs "a boy—
No, "able-bodied."
That is what my hon. and gallant Friend wishes to introduce. The definition in Clause 11 is "boys, women and girls," and therefore the first Section of Clause 4 really reads like this, "Any person who employs boys, women and girls in agriculture shall pay wages to those boys, women and girls at a rate not less than the minimum rate as fixed under this Act," and the minimum rate as fixed under this Act is at least 25s. per week. [HON. MEMBERS. "No!"]
"The Agricultural Wages Board shall secure for able-bodied men wages which in their opinion are equivalent to wages for an ordinary day's work at the rate of at least 25s. per week."
That, of course, undoubtedly limits it to a certain extent, but what is to prevent an Amendment to leave out the words "able-bodied" in Clause 6 unless those words are put in this Clause? There is nothing, as far as I can see, to prevent that being done. This Amendment has been very carefully considered, and I trust my hon. and gallant Friend is going to a Division, because in my opinion it is absolutely necessary that the words should be inserted at this stage so that we may know where we are. The Amendment of the President of the Board of Agriculture later on—
"In this Part of this Act the expression 'able-bodied man' means any male workman who is not incapable by reason of age or mental or other infirmity or physical injury of performing the work of a normally efficient workman—"
is very vague. There is no definition what is meant by age. I would draw the attention of the Government to the statement made by the Prime Minister on 23rd February this year in this House:
My right hon. Friend who has just spoken is such a master of the language of Statutes that the complete tangle of misconception in which he involved himself in the most elementary points of construction make it perfectly clear that, experienced as he is, he cannot possibly have read this Clause before criticising it. We do not ask much of him, but those who are working on this measure —some of us at high pressure—are at least entitled to ask that before he takes up ten minutes in criticising it he should take the trouble to make himself acquainted with its provisions.
The Government have accepted—I dare say quite rightly—the principle that minimum wages should be established for all workers —men, women, boys, and girls—and I only hope that they will follow it out to its logical conclusion and really deal with the cases of those who are not able-bodied, without handing over the whole problem to the Wages Board, which is what they do at the present time. There is a great deal in this Clause which is left at a loose end, and the House ought to give much more specific directions to the Wages Board—at all events, with regard to the boys and perhaps with regard to the women—as to how they shall deal with this problem.
I hope that the Government will not accept this Amendment, because the only effect would be to confine the benefits of the Bill to the able-bodied. With regard to the employment in agriculture of those not able-bodied, it seems to me, from experience of the tribunals under the Military Service Acts, they must be few; as every man employed in agriculture has been indispensable, and in my own country, and I think it is equally applicable in other districts, a large number who are not able-bodied, but young and unmarried. It ought to be made quite clear that there is already a provision in the Bill for dealing with men who are not able-bodied. For instance, Clause 5, Sub-section (3), reads as follows:
"Any such minimum rates may be fixed so as to apply universally to workmen employed in agriculture, or to any special class of workmen in agriculture, or to any special areas."
I take it that means that men who are not able-bodied can be dealt with specially. An hon. Friend informs me that there is an Amendment on the point, but, apart from that Amendment, I submit that those words are sufficiently wide. The suggestion has been thrown out that the wages paid to agricultural labourers are very high and increasing very rapidly. I find on looking up the official rates of wages, that between 1900 and 1913 the increase was less than 10 per cent. It is perfectly well known that wages in other industries very considerably increased in the same period. The figures for 1908, which are the last available, prove that the wages, all told, in Durham, which is the highest of all, were only 21s. 9d. per week, and in Oxfordshire, the lowest, they came to 14s. 11d. per week. A man, whether able-bodied or otherwise, certainly ought to be in receipt of a higher wage than 14s. 11d. per week.
I think the point would be met if the words were "minimum rates." The right hon. Baronet, grammatically, is certainly correct. The Clause speaks of the "minimum rate," which is 25s. per week, whereas if you look at the other Clauses you find that there are other minimum rates. Therefore, it seems to me that in this opening Clause the words should read:
"Any person who employs a workman in agriculture shall pay wages to the workman at a rate not less than the minimum rates."
There is one point I want to make quite clear. The moment you begin to regulate wages you cannot stop at the wages of adult able-bodied persons. You must also regulate the wages of women and youths. Otherwise, you put a premium on cheap labour, and the whole tendency will be in the direction of securing cheap labour. Obviously, the minimum cannot be the same for boys and for men. There must be special machinery dealing with both classes. A limiting Amendment of this kind would destroy the meaning of the Act, because the able-bodied alone would have their wages protected, and farmers would have a direct incentive to get over that by employing young people more and more. I cannot imagine anything more demoralising from the point of view of the country than that adult labour should be brushed aside, and that the tendency should be to employ young persons in their place.
May I say one word only in answer to the Attorney-General? I do not in the least mind his criticism and I quite admit that I had overlooked the word "able-bodied" in Sub-section (6). At the same time I would point out, as was pointed out by the hon. Member for Dumfriesshire (Mr. Molteno) that the opening words in Clause 4 are:
"Any person who employs a workman—"
I have already shown that a workman means a boy, woman or girl—
"in agriculture shall pay wages—"
that is to a boy, woman or girl—
"at a rate not less than the minimum rate fixed under this Act"
There is in this Bill no minimum rate except the rate of 25s. I have looked carefully through it and cannot find any other minimum rate. I am not sure about the Amendments, because I have only looked hurriedly through them, but I do not see anything in them about the matter. If Sub-section (6) of this Clause applies only to able-bodied men, I want to know what is the meaning of putting in the minimum rate here which clearly applies to boys, women or girls.
I should like the Government to consider this matter a little further, because although they may have followed in drafting this Bill other precedents in regard to fixing minimum wages, yet there is the special point alluded to by hon. Members. The words
"not less than the minimum rate as fixed under this Act"
are mainly the same words used in the two Acts dealing with minimum wages, especially that Act fixing a minimum wage for coal mines. There was no difficulty in that case, because there was no actual minimum wage named and it only referred to minimum wages fixed by the Wages Boards. In this Bill we have the complication of not only the minimum wages fixed by the Wages Board but also an actual minimum wage mentioned for one class of workmen. There is a confusion in this drafting which did not arise in the previous Acts dealing with minimum wages. In the other cases, although the word "workman" is used, there was no question as to who he was. In the Coal Mines Act he was defined as a man who worked underground on certain work. The workman in this case is an absolutely undefined person. A workman in agriculture is a workman who comes into agriculture as defined by a later Clause, that is, a workman who has anything to do with an estate, with woodlands, pasture, osier land or orchards and every other thing. We have here the difficulty of two kinds of minimum rates, the first confined to the able-bodied man and the other a minimum rate to be fixed by the Wages Board. I do not think that the words which begin to define the minimum wage are really sufficient or quite fair as they are at present drafted.
I should like my right hon. Friend to correct me if I am wrong in thinking that the important words in this matter are
"minimum rate as fixed—"
not by, but
"under this Act."
That refers to the minimum rate fixed by Sub-section (2) of Clause 5, namely, by the Agricultural Wages Board. If that is so, the question we are discussing now is simply whether we do or do not like the minimum rates as fixed by the Agricultural Wages Board to apply to all the persons engaged in agriculture or only to able-bodied persons.
Hear, hear!
I gather that my right hon. Friend agrees. That is a perfectly simple question, and I trust the Committee may come to a decision upon it.
I rise to make a suggestion to the right hon. Gentleman. It seems to me that these words are by no means clear. We have to see how they will be interpreted by a farmer, who is not supposed to be an expert in law. It does read to the ordinary instructed person as if there were only one minimum rate and that he would have to pay 25s. I know that it is not so at all in the eyes of a lawyer. By putting in a simple word after the second word "the" in line 2 of this Clause, all misunderstanding could be avoided. If the Clause could be made to read
"Any person who employs a workman in agriculture shall pay wages to the workman at a rate not less than the 'approximate' minimum rate as fixed under this Act,"
that is fair notice that it is a different rate in different cases.
I can assure the Committee that such an Amendment is entirely unnecessary, but if it will tend to bring the discussion to an end, we will accept it.
Before that is done may I point out that you do not say where you fix for all possible cases the appropriate rate under the Bill. I have put down an Amendment suggesting that the Agricultural Wages Board should fix wages so far as they can foresee cases, but that in other cases they cannot foresee, the Court should decide what is to be the proper rate. I do not want the Attorney-General to accept words which would entirely cut out an Amendment like that. The word "appropriate" is quite unnecessary, and would cut out a more comprehensive Amendment.
I can assure the hon. Gentleman that in my view his apprehensions are unfounded. I have said that if it would shorten the discussion I would accept the suggested Amendment, but if it is going to protract the discussion I certainly shall not. My opinion is that there is no gain one way or the other.
Cannot this matter come to an end? It is all due to misapprehension. If the Amendment is carried, what happens? Wages are to be fixed for people, not able-bodied men, by Sub-section (2) of Clause 5. If the Amendment is carried, those wages can only be enforced for persons who are able-bodied, but people who are not able-bodied are still to have their wages fixed. All that the Amendment will say is that the wages of all agricultural labourers are to be fixed, unless an Amendment is made to Sub-section (2) of Clause 5, but the only provision which can be enforced is that applying to able-bodied men. I am sure my hon. Friend does not mean that.
Amendment negatived.
The Amendment standing in the name of the hon. Member for Stockport (Mr. Wardle)—[in Subsection (1), to leave out the words "a workman" and to insert instead thereof the word "labour"]—should properly come on Clause 11.
There is quite a number of Amendments down in my name and the names of other hon. Members with regard to definitions, which were put down in error because we had overlooked the fact that there was a definition Clause. We do not propose to move them.
In regard to the next Amendment on the Paper in the name of the hon. Member for Stafford (Sir Walter Essex), I am m considerable doubt whether this is the right place for raising the question whether the word "wages" means cash wages or not, because there are several provisions, particularly in Clause 5, which cover that point. The hon. Member might move his Amendment in order to get an explanation from the Government as to where the question is actually dealt with.
I beg to move, in Sub-section (1), after the word "pay" ["who employs a workman in agriculture shall pay wages"], to insert the word "cash."
It would seem to me that it would be as well for us to face this question at the outset on this Clause and to get the matter to a certain extent cleared away. We come in Part II. to the pay for a boon granted by Part I. I am rather more jealous about this than the other. I want to know what this boon is to be. This Clause says "pay wages." This attaches to agricultural labour that which hardly attaches to any other that much of the remuneration of the worker is paid in kind as well as in cash. My solicitude pivots upon this point; I want that minimum wage to define how much actual cash the man shall handle. The reasons for that will presently appear, for I shall go on to ask who is to be the person who should fix the difference between what I might call prime wages and secondary wages. The hon. Baronet (Sir F. Banbury) spoke of that being regulated by supply and demand, but that does not apply here. I have in mind a model village wherein the cottages, if they were offered in the open market, would be let at from £10 to £15 a year. I know of others within the same district—
May I beg the hon. Member's attention to page 1,488 of the Supplement to the Votes to an Amendment which stands in my name to Clause 8?
It is not on the White Paper.
Will the right hon. Gentleman read it?
After the word "reckoned" [which may be reckoned as payment"], to insert the words, "or for limiting or prohibiting the reckoning of benefits or advantages as payment of wages in lieu of cash." I think it was there, Sir, that you thought the Amendment ought to come in.
On a point of Order. Is it not a fact that the introduction of the word "cash" here before the word "wages" deals with the question of punishment if the wages are not paid, and not with the question whether the wages are to be paid actually in cash or not?
My view generally was, although I was not prepared to lay it down definitely, that Sub-section (2) of Clause 5 was the better place in which to raise this question first. That is where the Sub-section says,
"The Agricultural Wages Board shall fix minimum rates."
It seemed to me it would be better to raise there the question whether they are to be merely cash wages or are to include other considerations.
I was leading up to that when I was interrupted.
On the point of Order. Surely it is quite out of place at this point to move to insert the word "cash." At this point we are only dealing with the penalty. If the farmer does not pay the wages laid down under this Bill he will be punished according to this Clause, and he is not to get certain benefits. It does not matter whether the word "cash" goes in here or no. If it were put in further on in the right place it would be included in this place, but if you put it in this place it will not be included in a place further on where it is most important.
On further consideration, I think that the proper place to raise the point is Sub-section (2) of Clause 5, where it is said,
"The Agricultural Wages Board shall fix minimum rates."
Would you mind reading on, Sir, with the new Amendment suggested? I was taking my hon. Friend's answer to be a negative approach to this subject, that they should fix how much of the wages might be in kind. I want at the very opening of this part of the Bill that the labourer shall have set down the minimum amount of cash that he shall have. I do not want to have any risk whatever about that, and I stick very stiffly for having put down here the cash portion of the wages, the minimum of which shall be fixed.
I should not be justified in postponing it to Clause 8, but I think Sub-section (2) of Clause 5 is clearly the proper point.
Before you quite decide on that point there seems to be this: If it was postponed till Clause 5 it would merely mean that the Agricultural Wages Board could deal with the matter. If it has got to be dealt with under the Act in any way, clearly I should have thought it was out of order in Clause 5. If, for instance, you wish to stipulate that a certain proportion of the minimum wage should be cash, if not the whole, I should have thought that must be done not on Clause 5, but somewhere else. It seems to me that you could make a stipulation to the effect that it should be nine-tenths, say, of the minimum wage payable in cash, only leaving one-tenth, or whatever percentage you like, payable in kind. Could that be safeguarded in any way?
If that proposal is brought forward the proper place to do it would be on Sub-section (6) of Clause 5. The Amendment to insert after "workman," "whether or not he is classed as able-bodied," has, I think, been disposed of.
I did not gather that. This Amendment was put down for the purpose of assuring that there should be no discrimination between the different classes of workmen from the point of view of being able-bodied. As the Bill stands at present there is no such discrimination. That is proposed later. Whether the Amendment is in order or not at this point, I do not propose to pursue it. I am quite willing to leave the question whether non-able-bodied men should be entitled to the minimum wage fixed in the Bill until the Amendment of the right hon. Gentleman is reached, provided that the opportunity has not gone by for dealing with it.
That is so, clearly.
I beg to move, in Subsection (1), to leave out the words "a rate not less than."
My reason in moving this is to call attention not only to what was said in this House when the Prime Minister foreshadowed the policy to which this Bill gives effect, but to the fact that the President of the Board of Agriculture has leaned heavily in other matters on that statement of the Prime Minister; and when we have to propose anything on the side of the farmer or the landowner, such as the extension of the period of guarantee by two or three years proposed in the Amendment at the very end of the last sitting, we are told that the Prime Minister stated six years, and that is the main argument of the right, hon. Gentleman in rejecting it. Therefore, as we have the greater part of the Bill still to go through, it is desirable that the Committee should bear in mind what was the programme put before the farmers as early as 23rd February by the Prime Minister. In the matter of the agricultural wage the Prime Minister said:
I have followed the hon. Member's speech, but it does not seem to arise quite out of the Amendment.
:The hon. Member's suggestion, as far as I can understand it, would make the rate a maximum. If that is his intention I do not think it is one which the Government could possibly entertain.
Surely it is to make it a flat rate.
Amendment negatived.
I beg to move, in Subsection (1), to leave out the words "a rate" [at a rate not less than"], and to insert instead thereof the word "rates."
That would be grammatically correct, because it would show that there is more than one rate. On reading the Bill I took the view that it would have to be 25s., but when I came to examine it carefully I found it was not so. I propose to bring the language into accord with the facts, so that the mind would not be arrested by this difficulty.
I am still of opinion that the Clause as drafted is logical, and, in relation to the other provisions of the Bill, very readily intelligible. My hon. Friend takes a different view. My right hon. Friend also in a manuscript Amendment takes a different view equally, and perhaps I shall meet them if I say that between now and Report I will very carefully consider whether it will be an advantage to put "rates" instead of "rate"— I rather doubt it—or to accept the alternative suggestion of my right hon. Friend, "rate applicable to that work," or some words to that effect. The Committee would not think it reasonable to decide on the form of the words now. It will be borne in mind, and if it is considered that the words are ambiguous we will put in some variation.
If my right hon. Friend alludes to a manuscript Amendment which I have just handed in, they are the words which are in the Minimum Coal Mines Act, and I think they were put in for a good purpose. I am very glad to hear that he will consider it.
Amendment negatived.
I beg to move, in Subsection (1), to leave out the words, "and if he fails to do so shall be liable on summary conviction in respect of each offence to a fine not exceeding twenty pounds, and to a fine not exceeding one pound for each day on which the offence is continued after conviction therefor."
This is intended to do away with an opening for the common informer and at the same time to admit of further additions which are put down as Amendments later on which will considerably simplify the procedure and will open a way to provide for many of the objections which have been raised this afternoon arising from the fact that one object of this Bill is to give facilities for the employment of people who are not able-bodied and to find a way of providing that they too shall have some safeguard in the direction of an economic wage. The effect of the Clause as amended will be that if advantage is taken of a man by not employing him at a proper wage, application may be made, not by a common informer, but by the man himself or his1 friends, for a summary conviction for the offence, and the penalty, which will be put down later, will be that the employer has to pay the fixed wage under the Act, if there be a fixed wage in it, and if not, by another subsequent Amendment I propose that the Court shall have power to say, "It is not in the Schedule, but from the Schedule I can determine what is the proper wage, and he shall pay that." That allows you to make the Schedule so full and complete as to meet every case. It does not take away anything which is in the Bill now, and it leaves open exactly what the right hon. Gentleman proposes to move on Clause 5. It leaves it open that the Wages Board may go into every possible case it can think of and provide for it, but still it seems to me practically impossible that they can provide for every case. I look forward to this, that under this Bill there will be a large number of people who are not able-bodied and are only capable of doing very little work. I do not want the farmer to be obliged to say to a man who applies to him for work, "You are not down here and I must not employ you, because if I do I shall be liable to a penalty and the common informer will run me in." I want to have the Schedule as full as you can conveniently make it, but for all other cases I do not want to have this great difficulty in the way of employing a man who is not able-bodied but who could do a little work, and I want to have it so that the man who is believed to be employed on improper terms shall be able to go before a simple Court of summary jurisdiction and claim the proper wage under the Act. I propose that he should be able to claim such further sum, if any, as the Court shall think proper to indemnify him. The rules say nothing of that sort. I am obliged to look forward to the other Clauses, although I am not going to argue them. I suggest that on its own merits you should not put in the liability to a fine, or a penalty, thereby opening the door to the common informer.
The hon. and learned Gentleman has given us an explanation, which I confess was to me welcome, as to the effect which his numerous Amendments taken together would produce. I confess that I have had some difficulty in understanding their effect until he explained them. He has, I think, made the Committee under an obligation to him for the great care he has. given to the subject, and the evident sincerity with which he recommended his proposal to the Committee. There are, however, considerable objections, I think, to introducing a change so considerable as his scheme involves into the Bill at this stage, and certainly there are insuperable objections to adopting it on such short notice, after his explanation has made clearer than it was at the outset what his purpose is. He proposes that we should take the Schedule, and by adding the various matters—
I am afraid I did not use the right expression. What I meant by the Schedule was the list of wages that the Wages Board is to fix, not a new Schedule; nothing new.
I am sorry there was still some slight confusion in my mind as to the hon. and learned Gentleman's purpose. Even so, I think a little reflection will satisfy the Committee that the method proposed by him would not really be as suitable to the fabric and object of the Bill as the method adopted here. The proposal in the Bill is well known to the Committee. It was very carefully considered before it was adopted, and I decline to think that the Committee would not be averse at this stage from adopting in substitution for it so complicated an alternative and one which would, he will find I think on examination, prove to be open to objection in more than one particular. His speech will not have been made entirely in vain, if I may say so, because I will very carefully consider the object he has explained with the purpose of seeing whether there is not some other and different way in which we can safeguard it.
I did not quite follow the speech of the hon. and learned Member who introduced this Amendment (Sir W. Beale), and I do not want to support anything which would have any effect of weakening this part of the Bill. He did, however, seem to me to make a good point with regard to the question of casual labour, and if it is in order I would like to hear some explanation from the President of the Board of Agriculture as to how casual labour is going to be treated under this Bill. Let me give an illustration. The farmer is often very pressed for work at harvest or haytime, and in an emergency, rain coming on or things of that kind, he gets together anyone he can in order to get in the hay crop. He will get old women from the neighbourhood, his servants will go out, or anyone. You get all kinds of people assisting in the harvest. What is to be done with all these casual labourers who come and work for a week, and sometimes less? Is the farmer to go before the Minimum Wage Board in every town in every case, and, if he does not, is he liable to severe penalties under this Bill? Let me give another case. If he employs a child who is not always employed regularly on the farm, is the child to have a minimum wage fixed by the Minimum Wage Board? What is to be the limit of the number of people employed on the farm with whom the Wages Board are to be concerned?
That really does not arise here. It must come when we deal with the duties of the Wage Board which are set out in Clause 5. That Clause deals first of all with what they shall do, and in addition with what they may do.
I do not want to pursue that if it does not arise, but if that is so I have been rather misled by the speech of the hon. and learned Gentleman who introduced this Amendment, because a considerable part of his speech must have been out of order, as I understand the object of his Amendment was to make it possible to employ casual labour without going to the Wages Board.
I wanted to explain the reasons why I wished to do away with the Common Informer. That is why I went into the subject, and showed the consequences of a man wanting to employ that labour.
It seems to me, with great respect, Mr. Whitley, that if that is so I was really in order. My object is— if I may argue the point of order—to provide that a man who employs casual labour should not be liable to a penalty at the hands of the Common Informer. May not I argue that?
I was listening to the introductory speech, and I did not make up my mind until I had heard that speech. I really think the proper place to raise this is Clause 5. There are Amendments already on the Paper dealing with a particular question of that kind, and we had better wait for them.
Amendment negatived.
I beg to move, at the end of Sub-section (1), to insert the words "and on any prosecution of an employer under this Section it shall lie on him to prove that he has paid wages at not less than the minimum rate."
This appears to be again a case of putting the onus on the defendant, and it seems to me hardly fair. We are creating a new offence under this Clause, an offence unknown to the law before, and are imposing very severe penalties. It seems to me we are going to change the usual practice by putting the onus upon the defendant to prove that he has paid wages at not less than the minimum rate. Although I realise that the procedure of the Government is by way of penalty, and, as I have said before, creating a servile condition of things, it seems to me that you are going beyond anything reasonable in imposing upon the unfortunate farmer the duty of proving that he has paid these wages at not less than the minimum rate, and that you are going altogether too far. This Clause simply bristles with convictions and penalties of every kind, and I really do not think it ought to be necessary to depart from the usual practice of the criminal law by putting the onus on the defendant.
I really cannot understand what the object of putting in these words is, nor indeed can anybody who has read the Clause think they are necessary. One would think that there were no Subsections (2) and (3) at all if these words are necessary. These Sub-sections lay down all that is to happen to the employer if he is convicted and so on, and surely it is a monstrous proposal, even if it does follow the precedent of the Trade Boards Act of 1909, that there should be any necessity to prove anything at all on the part of the employer. A man can make an allegation and put forward no foundation for it, and the farmer is then put to the expense and trouble of defending the case. It seems to me to open the door to endless persecution on the part of any discontented labourer, or any quarrelsome neighbour. Anyone can start an action alleging that the farmer is not paying the correct rate of wages, and there is no onus of proof on them. The farmer has to produce his wages sheets, and prove himself not guilty. If he does not, he is subject to all kinds of penalties. He is to be judged guilty before he is charged; that is the basis of these words; and I hope the Attorney-General will explain why this extraordinary proposition of law is put forward in respect of farmers when it does not exist with regard to any other class in the country.
I welcome very much the Amendment that the President of the Board of Agriculture has moved. I think that without it there would have been an undue disadvantage to the labourer in these cases, and I think that for the due protection of the labourer in securing that the farmer does his duty in the matter of paying wages it is necessary to put the onus of proof on the farmer that he has paid at the correct rate; and not to put the onus on the labourer to prove that he has not paid it. [HON. MEMBERS: "Why?"] Anyone who knows the intense disadvantage at which the labourer stands in relation to the farmer in the rural districts of England will understand why. I think it is perfectly right that where the labourer claims that he has not been correctly paid the onus should be on the farmer to show that he has actually paid the proper wage. I believe that that is really necessary to give the labourer the proper status when these wages boards come into working order, and that anybody who knows how this works out in the ordinary rural districts in England will appreciate the need for such an Amendment.
I should like to ask why, if the Government think it necessary to introduce this Amendment it did not form part of their original draft of the Bill: It is an entirely new Amendment dealing with these matters. As I have had to refer to Acts dealing with minimum wages before, I must do so again, and in the one the Government specially choose, the 1909 Trade Boards Act, there is no Clause in any way corresponding to this proviso which is now being introduced by the Government.
Sub-section (4), Clause 6, is an exactly similar one.
Yes, I see that is so. In the Trade Boards Act I see there was one, but in the Coal Mines Act which followed it there is no such Clause at all. There is no penalty placed upon him, and I should rather like to know why the Government should have thought it was more necessary to tie down agricultural employers than coal owners. It does seem to me that it introduces a method which the late President of the Board of Agriculture evidently thought was very undesirable in agriculture, and I think we should like a little more explanation.
8.0 P.M.
Might I ask the Attorney-General whether I have any ground for this fear? The words proposed are: "and on any prosecution of an employer under this Section, it shall lie on him to prove that he has paid wages at not less than the minimum rate." Will it be necessary for the farmer to take a receipt every week? [HON. MEMBERS: "No!"] Will he have to have a stamped receipt, showing that he has paid to a particular labourer on a day in question a certain sum in wages? If that is so, I think it will cause a considerable amount of trouble and annoyance in agricultural districts. At present, so far as I know, the only thing that is done is that a wages book is kept, where the initials of the labourer are placed against the wages paid him. I may be wrong, but I do not think it goes any further than that. If what I fear is correct, I should like to ask the Government whether it is necessary to insist upon this particular Motion?
I only desire to make an observation or two before the Attorney-General replies. The Amendment in this case throws the onus of proof on the defendant. This is not unknown in certain Statutes, but my impression is that in all those Statutes provision is taken to ensure that a prosecution shall only be conducted, either by certain qualified persons, on a fiat of the Attorney-General, or in some other ways by which it is only moved in proper hands. Under the Trade Boards Act—although I have looked at it rather hurriedly—there appears, by Section 17, that power is given to conduct proceedings by an officer who is properly appointed by the Board of Trade. You therefore get a safeguard that it shall not be in anybody's or everybody's hands to take proceedings; and therefore, in an authorised case, it might be that it is convenient to put the onus on the defendant. So far as I can see in the present Statute, there is no such restrictive provision as to who shall take proceedings. If that be so, I suggest to the Attorney-General that it is a little unusual to throw the onus on the defendant unless, at the same time, you have in your Bill some provision which safeguards the power to institute proceedings.
The Committee has rightly inferred, from the circumstances, that these words were not contained in the original draft, that they were not words to which the Government attached a very high degree of importance. In fact, they were inserted afterwards, more or less in conformity with the precedent of the Statute to which my hon. and learned Friend has just referred. I was unaware, until my right hon. Friend put the Amendment on the Paper, that it was contemplated. This is just one of those points in which the Government might, I think, be very properly guided by what is evidently the opinion of the House as a whole. I think the overwhelming majority of the speakers on this point have criticised it, and, under these circumstances, I would ask leave, on behalf of my right hon. Friend, to withdraw it
Amendment, by leave, withdrawn.
I beg to move, at the end of Sub-section (1), to insert the words, "and to the forfeiting of any benefit that may have accrued to him under Part I. of this Act."
I think it is quite a reasonable Amendment. It means that a farmer who has not carried out his part of the contract in regard to the payment of wages shall not benefit from the Act. Clearly, I think it is right that if the farmer does not fulfil his part of the bargain he has no right to secure any benefit for himself. That is putting the whole matter in a nutshell, and I hope it will be possible for the Government to accept the Amendment, which, I think, is entirely just and reasonable.
I am sorry we cannot accept this Amendment. We think the penalty already imposed by the Bill is sufficient, and the man's own penalty might amount to many times the full penalty. It is on that ground, perhaps, that a good deal of comment was made on the harshness of the previous Clause
Amendment negatived.
The next five Amendments are consequential.
The following Amendment stood on the Paper in the name of Sir W. BEALE: At the end of Sub-section (2) to add the words, "The Court shall have power to decide that the rate of wages payable under any terms of employment for which no minimum rate of wages has been specifically fixed under this Act are less than what would in the opinion of the Court be a proper rate of wages under such terms of employment, having regard to any minimum wages fixed under this Act, and to treat such proper rate of wages as a minimum rate fixed by this Act: Provided that the employer may require the Court to take the opinion of the Wages Board established under this Act before conviction."
I beg to move to leave out Sub-section (4).
I hope the Government will really consider rather seriously the question of this Sub-section (4). It is really rather a serious matter. If they do want to get forward with the work in the country, it is desirable that they should at once face the fact that it would be a serious deterrent to the farmer throughout the country if he had an unknown liability running against him in connection with wages. Under this the minimum wage is to operate from the commencement of the Act, and from the moment it is passed. There is no actual date put in as to when the Wages Board will come into existence, but there must be considerable delay before all the classes of labour can be dealt with and the minimum rates examined.
May I interrupt the right hon. Gentleman for a moment? If he will look a little further down on Clause 4, he will see an Amendment in the name of the hon. Member for Devizes (Mr. Peto). The Government propose to accept that Amendment, and I think it would rather meet the right hon. Member's point.
That, of course, does very much alter the position of things, if it is to be limited to the ordinary day's work at the rate of 25s. a week, otherwise delay and uncertainty will undoubtedly prevail. I am glad the right hon. Gentleman sees the point, and is willing to meet it.
It seems to me that there still might be a great and unnecessary hardship under this Section. I have looked very carefully into the Amendment of the hon. Member for Devizes, but that does not deal with the point I have in mind. The hardship I foresee is the question whether a man is an able-bodied man or not. Supposing a farmer, in perfectly good faith, pays wages considerably less than 25s. a week to a man whom he does not consider able-bodied. Is he afterwards to be subjected to heavy penalties because he finds he has made a mistake? That is a very nice point. For instance, an able-bodied man must be a man mentally sound under the definition as it is now proposed by the Government. Supposing you have a man who is physically able-bodied, in the ordinary sense, and at the same time has some mental deficiency in him. It might be a very nine point for any Wages Board as to whether that man ought really to be having 25s. or more. There are many cases like that which must occur, and it seems to me that a farmer might find himself subjected to heavy penalties for having, in perfectly good faith, paid to some of his men wages that were less than the minimum provided by this Bill. After all, this Clause is only going to operate for a very short period, between the passing of the Act and the time when the minimum wages have been fixed by the Wages Board. Is it worth while for the Government to allow all the hardship that may arise for the sake of ensuring to a few men this particular wage for a few months? That is a point I want considered. At any rate, it seems to me that the Government ought to define much more clearly what they mean by able-bodied men than is done in this Section.
I beg leave to withdraw the Amendment. [HON. MEMBERS: "No!"]
I do not see why the Amendment should be withdrawn. I think it is an extremely good Amendment, and I think we ought to divide upon it. Take a case of a man who is being employed at the present moment at 22s. a week, or even less—say, from 17s. to 18s. a week. He is a man about sixty years of age—it is not always absolutely possible to ascertain, to within a year or two, the exact age of some people—and he is certainly not an effective man. It may be held, under the definition, that his age is not sufficient to justify his receiving less than 25s. a week. His employer will not risk making up the difference, possibly of 6s. or 7s. a week, between 16s. and 17s., which is all that a man is worth, and the 25s. What is he to do? The moment there is any sign of this Bill becoming law he will dismiss this man. He is absolutely certain to do it, and the consequence will be that the man will be thrown out of employment. I have a case in my mind of a man who was not worth that sum. He asked his employer to keep him on, and the employer, out of kindness, did keep him on. But under this Bill, and this Clause, he will get rid of him, and then the very thing which we are wanting to avoid will arise. There is no object in having this particular Section in the Bill. It is not going to make any great difference, because the Wages Board will be set up very quickly and the matter will be decided. It seems to me absolutely impossible to allow this Section to remain in the Bill. I suppose there is not time to take a Division at the present moment, but it can be done later on, and therefore we had better defer the Division until afterwards. I really do trust the Government will not compel us to go to a Division, but that, between now and eleven o'clock, when this question will be resumed, they will consider whether or not they mean to meet the Committee on this point.
It being a Quarter-past Eight of the clock, and leave having been given to move the Adjournment of the House, under Standing Order No. 10, further proceeding was postponed, without Question put.
Mesopotamia Commission
Lord Hardinge
I beg to move, "That this House do now adjourn."
I ask leave to move the Adjournment because I feel that in the refusal of His Majesty's Government to accept the resignation of Lord Hardinge there is involved a very great principle, and that is the principle of Ministerial responsibility, and the only means by which we really in this House can hope ever to exercise any influence whatever over the Executive Government of this country. At the very outset I should like to contrast the action of the late Secretary of State for India with that of Lord Hardinge. Nobody who has read the Mesopotamia Report will, I think, hesitate for a moment to agree with me when I say that the one man who comes out of that Report without any reproach whatever is the late Secretary of State for India. Practically speaking, he is entirely acquitted of all fault. In spite of what is described in this Report as the tough veil of official secrecy, the moment rumours reached him of the horrors that were going on in regard to the medical service in Mesopotamia he took immediate steps, and if he had been decently informed by his subordinates or by Lord Hardinge he would have been in a position to remedy those evils and to save what were rather lightly described by the Prime Minister himself the other day as the deaths of thousands of gallant men in unspeakable agony.
Therefore, I say, as between the two men, Lord Hardinge and the late Secretary of State for India, no fair-minded man could hesitate for one moment in deciding that the man who was culpable and responsible was Lord Hardinge, and that in an infinitely greater degree than the Secretary of State. I regard it as a most significant thing that here in the presence of this House the strongest possible influence was brought to bear upon the Secretary of State for India to induce him to reconsider his decision. I have no doubt that what we heard in this House was only a faint echo of the pressure that was brought to bear upon the right hon. Member for West Birmingham to reconsider his decision and remain in office. I think it is to the lasting credit of the right hon. Gentleman, and a great service which he has rendered to the public life of this country, that he persisted in his resignation, because while he personally, in my opinion, is really innocent, quite innocent of blame in this matter, practically innocent, he, like an honourable and upright man, accepted the well-known and unbroken tradition of this House and of the public service of this country that a Minister is responsible for what happens. He could not if he was an honourable man seek to shift the responsibility by saying, "Oh, it was my permanent officials who did all the mischief, and I am not responsible." I think the late Secretary of State for India could have made an overwhelming case by going over his public officials and pointing out that the blame lay upon them, but that is one of the meanest and most cowardly things any man could do, and the right hon. Gentleman abstained from doing it.
When we turn to the case of Lord Hardinge we find a different state of things. I am bound to say in justice to Lord Hardinge that he has twice tendered his resignation, which clearly shows that he thought the public sentiment of this country demanded his retirement from office. I take it he could have resigned his office if he had persisted, but not content with keeping the wholly indefensible and anomalous position which he occupies, being at present, as the Secretary of State for Foreign Affairs told us, in a different position altogether, and having nothing to do with India, but being a permanent Civil servant of the State, he takes an absolutely unparalleled course, so far as I am informed, and I have consulted people who are learned in these matters. He takes a course absolutely unparalleled, at least for a number of years in the public history of the public service of this country. He comes down to the House of Lords, because he is a peer of the realm, and he defends himself in the House of Lords before Parliament or this House has had an opportunity of debating the whole matter. He made a long speech. What I want to ask in regard to Lord Hardinge is this: Are there to be—and this to my mind is an extremely important question—in the future history of this country two classes of permanent Civil servants of the Crown? One class the common or ordinary Civil servant, whose mouth is sealed, who may be attacked, as I have heard Civil servants attacked in this House, cruelly and unjustly, and who are not allowed by the rules of their service to open their mouth or to say one word in defence of their conduct, and must trust absolutely to their Civil heads. Is there to be that class of Civil servant and another class of Civil servant who are privileged men, being peers of the realm, or having at their back strong social relations and influence and who are to be allowed, not only to defend themselves in the public press of this country, but to come down to one of the Houses of Par- liament and there defend themselves and make speeches explaining their own conduct while the vast mass of their fellow servants in the permanent Civil Service are tongue-tied and cannot defend themselves when they are attacked. Attacks have been made upon Civil servants, who are absolutely denied the right of defending themselves, and now it appears we are to have set up in this country a privileged class, a peer or a person of high social standing, who is to be allowed to break all the rules of the Service and defend himself in any way he thinks fit. That is another reason why, in my judgment, Lord Hardinge ought to resign.
There is a third reason. What will be said in England to-morrow when they read the answer given to-day at Question Time by the Leader of the House that the soldiers who are incriminated in this appalling document are to be handed over to be disciplined by court-martial, or whatever is the ordinary method of the War Office and the Army Council and that the civilians are to go free? That is what it amounts to. That is the announcement made in the House to-day. The soldiers are to suffer and the civilians are to go free. I do not say that by way of extenuation. I do not want to be misunderstood for a, moment as pleading that the soldiers should not suffer. I think they ought to do. I think that General Hathaway and Surgeon-General Babtie and the other men deserve to suffer, but there ought to be equal measure meted out to all. Because Lord Hardinge is a man who stands well with society and has powerful influence at his back, as we all know he has, is he to ride off in honour without a feather taken out of his wing? What is to be the result of this Commission? The men who accepted reluctantly the difficult and laborious task involved in the Mesopotamia inquiry sat for six or eight months and worked as hard as any men ever worked. For what purpose? Does any man in this House think that they did it for pleasure or for amusement, or that there is not a member of that Commission who would not have given a large sum of money to have got off the Commission and have been spared all this labour? And yet they are to be told, as they were told by the Secretary of State for Foreign Affairs on Thursday night, that it is they who are on their trial and not the men whom they condemn. They never would have been told that they were on their trial; they never would have been condemned as criminals, as they were told, if they had not dared to say anything against Lord Hardinge. It is because they found him responsible that they are denounced by the Secretary of State for Foreign Affairs, who was a party to their appointment. I have no doubt that if they had only confined their condemnation to the soldiers nobody from that Bench would have said one word against them. I consider that to be a very horrible scandal. Therefore, I think it would be wrong—and I am quite convinced that public opinion outside this House would support me—to allow the whole of this business to be cloaked up by the Commissioners being practically pilloried before this House as criminals after they have conducted this very laborious service.
Let me deal for a moment with the plea that was put forward in the extraordinary speech bristling with technicalities, which was made by the Attorney-General, and which reminded me very much of what we might expect from an Old Bailey trial. That speech opened the Debate. The Attorney-General is a very able man, and there would have been a different kind of speech if he had not been expected to make this particular kind of speech. I have heard him make a totally different speech, that everybody could understand. But here was a speech bristling with technicalities, and really it seemed to me to be an attempt to throw dust in the eyes of the House and to confuse the issue. From that speech down to the end of the Debate all the official speakers on both Front Benches combined and confederated to say that nothing could be done. That was the whole burden of their speeches. They, in my judgment, wholly misrepresented the effect of this Report. As a matter of fact, this Report does not condemn any man, and it has nothing to do with criminal charges. The proposal to start a fresh Commission for the purpose of investigating or formulating criminal charges against men, to my mind, is an attempt to draw a red-herring across the trail. This is a matter for Executive action. The Report had to deal with offences which are of the character which should be treated, not by a criminal Court, but by the responsible heads of the Executive. It was an attempt to humbug us into the belief that nothing could be done until further investigation had taken place. The purpose, the true purpose of the Government on this occasion, as on many occasions within my memory as an old Parliamentary hand, was that the two Front Benches should combine in starting this new and extraordinary doctrine that nothing could be done until the whole business was tried over again, and specific criminal charges were brought against these gentlemen.
The Prime Minister, pursuing that line of argument, referred to the case of the Crimean campaign, and he evidently hoped that for the moment no one in the House would recall what that case was. The Crimean case was investigated by the Roebuck Commission, and it led to the overthrow of the Government. After the Government was overthrown the whole matter was referred to a military committee to investigate the charges, and that military committee, having sat for an immense time—and when everybody was sick of the matter and forgotten all about it—acquitted all the military men, and said it was all the fault of the civilians. Whereupon the civilians, of course, said it was all the fault of the military men, with the result that no one was a ha'porth the worse, except the unfortunate soldiers and sailors who had died in agony. That is the kind of thing that has gone on in English history over and over again, and it is all very fine for the Prime Minister to make an appeal to this House to get on with the War and not think of this. Why did he appoint the Mesopotamia Commission, if that is the way he is going to treat the Report? Why did he support the Dardanelles Commission, whose Report I am told is going to be something very unsatisfactory, and perhaps the Prime Minister had that in his mind? It is all very well to say get on with the War, but those who have lost husbands, fathers, and brothers who died, as the Prime Minister said, in unspeakable agony on the banks of the Tigris, or in those horrible boats, descriptions of which we read in the Report, will not forget to condemn this House if it allows this to pass and does not do its duty by these men and by the future; for what security have we got in the attitude of the Government that this will not be repeated in the future, as it is being repeated at this moment? I believe myself that if there was an investigation made into the Salonika Expedition last year and even now, and if there was an investigation into the recent Gaza Expedition, it would not afford very agreeable reading. What is the use of saying, "Drop all this and let us get on with the War"? As to what has gone on not only in Mesopotamia, in Salonika, and in dozens of other places, I say the House of Commons has a duty to perform, and it is to let these gentlemen know that if such conduct is carried on as we read of in this Report, those who are responsible for it ought to suffer. Let the country know that and that this has to be stopped, so far as its machinery and powers will go, in order to protect the soldiers and sailors of this country from the horrible effects of blundering and carelessness.
There is another respect in which the Government and the two Front Benches misrepresented the Mesopotamia Report. They spent too much of their time in a general discussion of policy and questions of strategy. Those questions are interesting, and I think pertinent to put forward. My personal opinion is that I think they made out a very good case both for this Government and the late Government with regard to their strategy in advancing on Bagdad under all the circumstances. As to General Nixon, his only fault was that he was too courageous and was not sufficiently cautious. These are all very interesting questions, but the real pith of this Report, which was more or less given the go-by, is the medical part of it. That is the really important part of the Report, and there is no mistake about that at all; there is no ground for argument; nobody challenges the truth of that part of the Report made to this House by these Commissioners, who were men most carefully selected by the responsible Government; they were not selected by us below the Gangway, or by a responsible Member, but by the Government themselves; and those Commissioners, certainly men of standing, reported that thousands of British officers and British soldiers had endured horrible sufferings which could have been prevented if the men who were responsible had done their duty. To say that you are to give the go-by to all this is one of the gravest acts that could be done. The medical part of this Report is an important part. These officers, General Hathaway, Surgeon-General Babtie, and, in a lesser degree, others, and in a somewhat lesser degree, but, as I shall show in a moment, a very considerable degree, the Viceroy himself, Lord Hardinge, were responsible for this breakdown, and did not do their duty. That was the real essence of this Report.
Another matter which fills me with horror quite as much as the appalling details of the sufferings of our men is the pages of the Report which are headed "the abuse of reticence." The Report has devoted several pages to that matter. In my opinion that is about the worst part of the whole Report, and it never was referred to because the Report shows that from the highest commander I will not say down to the lowest, but down to the general officers on the spot, there was a most determined system to snub, insult, and even threaten any man who endeavoured to do his duty. There is no denying that. It runs through the whole business. They did it deliberately and with set purpose. It evidently was a system. They concealed all these abuses, and when any man like Major Carter, and another doctor whose name I forget, exposed these things, he was snubbed and insulted. I myself first heard of these horrors through an Irish surgeon, who took the last boatload of wounded out of Kut when Townshend was surrounded. When he got back to this country he wrote to me and then told me what was going on, and this man was deliberately persecuted by the War Office, and has been followed ever since. And to this hoar he is being persecuted by the War Office, and so was every officer who dared to raise his voice in defence of these wounded.
That is a condition of things as to which I cannot find language to describe what I think of it. Are we to be called on to go on with the War and leave that system in full operation? Do you not know perfectly well what would be the effect if this House throws the Mesopotamia Report aside after the Debate which took place in the House the other day, when the two Front Benches combined to throw dirty water on it and cast oblivion over it? The effect will be that all this machinery for concealing scandal will remain in full working order, and, whatever takes place in future of a similar character, every officer in the Army will say, "The House of Commons is no protection, and if we dare to ask for more medical stores or complain that the wounded are not being properly treated we shall be sat upon or probably banished out of the Army, and the House of Commons will say, ' Get on with the war. Do not mind it. It is not worth thinking of in face of the grave matters which we have to deal with.'" I wish to draw attention to a very important and sinister matter that occurred in this House on the 27th of last November. The hon. Member for Shropshire (Major Hunt) asked a question about the verminous condition of Indian hospitals in which British officers were placed, and the overcrowding in these institutions. The Secretary of State gave a long and detailed answer, in which he said that he had made the most elaborate inquiries and was assured that all the reports which had been supplied to the hon. Member were misleading and exaggerated: humbugging, appointing Commissions. Who ever will sit on a Commission again, toiling for months in the service of the country at the most self-sacrificing and thankless task that a man can engage on, if, after all his trouble, he is to be insulted and denounced and his Report treated with contempt, without producing any effect whatever?
There was a letter published the other day—and I do not wonder at it—a letter of indignant protest by Lord George Hamilton directed against the speech made by the right hon. Gentleman the Secretary of State for Foreign Affairs. Lord George Hamilton revealed that he and Lord Cromer, who were most unwilling to serve on the Commission, were implored to do so to save the Government. Yes, I know what the true history of this Commission and the Dardanelles Commission was. There was at that time in this House a large body of men, led by a gentleman who was determined to pull down the Government, and the Dardanelles Commission and the Mesopotamia Commission were appointed. They did their work, and the Government was broken, and Lord Cromer and Lord George Hamilton were called in to the assistance of the Government; and now I do not see the gentlemen who led that movement and who wept for the wounded indulging in any tears or showing any interest in their welfare. I sat through the two days of the Debate last week, and while the Report of the Committee was infinitely worse than anything which they spoke of, and went far beyond anything which they alleged when they called for the appointment of the Commissions, now that we have all the facts before us they do not seem to take the slightest interest. Let me just read two short extracts from the Report to show the responsibility of the Viceroy. The first is from paragraph 19 ( c ):
What are the pleas put forward for not accepting his resignation? We are told he is indispensable to the country, and that he occupies a position of great responsibility for which he is eminently qualified by experience and peculiar gifts. I say nothing of his past career. I do not want to go into that to-night. I deny his gifts. It is a notorious fact that they were going to send him as Ambassador to Paris only for some disturbance in the newspapers, and if he is indispensable in the Foreign Office, why was he going to be sent to Paris. I deny his indispensability, and I think he has done enormous mischief in the Foreign Office during the past year. I will tell you why I think so. It does not require any recondite or great knowledge to know these things. It is a fact on undenied evidence as to his being actively engaged in co-operation and alliance with the late treacherous Prime Minister of Russia, who is now lying in the great fortress of St. Peter and Paul in Petrograd. Lord Hardinge was cooperating with him in forcing Roumania into this War. He took an active part in that, he cannot deny it. I was blamed and denounced for reading out to this House a letter which the industry of our Government and the Censor had kept from the knowledge of this country, though it had gone round the world and was known in every civilised country except this. In that letter Lord Hardinge wrote to our Ambassador and frankly and openly confessed that he was actively engaged in compelling M. Bratiano to go into the War. And within two or three days the Russians, as is now revealed by threats, forced Roumania to enter this War, and now it is alleged, though I cannot answer for the truth of it, but I believe it to be true, that at the very hour when Stuermer forced Roumania into this War he had concluded a secret understanding with the Emperor of Germany to desert Roumania, cut off her guns and ammunition which we had sent to her, allow her to be beaten, and then under the secret peace, the separate peace which he was going to make with the Emperor of Germany, they would divide Roumania. Our Foreign Office was a party to that transaction. I know they were deceived. I do not—far be it from me—accuse them of any knowledge. Is that the man who is indispensable to the Foreign Office of this country, humbugged and turned into a tool by a traitor like Stuermer? We were not told here of the catastrophe in Russia, but some of us knew, from the knowledge of private friends, what was going on in Russia, and the Government were warned for weeks and months, and to my own knowledge the Foreign Office was warned as to what Stuermer was doing and all these traitors who surrounded the Czar, and they pooh-poohed it all, and throughout the whole of that time actually there they were acting as tools and instruments of those traitors. And this is the indispensable man.
A cock-and-bull story.
Is it a cock-and-bull story? I say it is true, and I know something of what is going on behind the scenes. Does the right hon. Gentleman mean to say that a cock-and-bull story that Stuermer was a traitor and in secret alliance with the German Emperor at the time when he was accepted by our Foreign Office? Is that a recommendation for us as to the splendid efficiency of the permanent head of our Foreign Office? We were invited the other day by the Prime Minister to drop all this talk about Mesopotamia, and to get on with the War. We listened to the Prime Minister "tearing passion to tatters." To hear him one would suppose that it was we who had appointed the Mesopotamia Commission or that it was we who were responsible for it; that it was we who used two days of Parliamentary time discussing a Motion deliberately framed to make it impossible for the House of Commons to come to any conclusion, the time being totally wasted. One would have thought that it was we who had done that. It was the Government! They came down here and they had no proposition to make—none, I mean, upon which the House of Commons could come to any decision. First of all the Attorney-General got up and made one proposal, which in the course of the Debate is changed. Then, at the conclusion of that Debate, the Minister for Foreign Affairs himself declares that he will set up a Statutory Commission. On the following morning I asked the Leader of the House what was the decision of the Government, and he replied that the statement of the night before by the Secretary of State for Foreign Affairs to set up a Statutory Commission had been made with full authority of the Cabinet. In about four hours after that the Prime Minister came down to the House and stated that they had changed their minds; they did not know what to do. That was the condition of things on Friday night. That is what is called taking care of the time of the House—framing a Motion so that there can be no decision taken upon it. They changed their minds three times. Now they come down to the House to-night and say they have changed their mind again. Any talk about wasting the time of the House comes, I think, very badly from those who are capable of such a performance. The Prime Minister talks about getting on with the War. The War will go on, no matter what is said. But the War has been marred, and prolonged, and rendered more difficult by a series of blunders, the like of which I do not think you can find in British history. I for my part think the House of Commons would be very ill-advised, after the experience of the last two years, if they agreed to do what the Prime Minister's speech would really seem to mean—that is to abdicate their powers of criticism altogether and to give a blank cheque to the Government.
In seconding this Motion I wish to add one or two words following the powerful speech of the hon. Gentleman the Member for East Mayo. I am bound to say that outside opinion, judging on some of the speeches made in last week's Debates, takes the view that this House regards too lightly the Report of that Commission and all that is involved in that Report. I should add that I think a plentiful crop of false issues was placed before this House in regard to that matter. It was suggested that we should punish out of hand this man and that man, and put them in prison without any kind of trial and without any kind of evidence.
Who suggested that?
9.0 P.M.
Surely a very large part of the speech of the Attorney-General was intended to show that we must guard against anything in that direction. It was suggested from the Front Bench. I want to say it was never remotely in the mind of any Member of this House that anything of the kind should happen. I believe that no one, whether he be soldier or civilian, ought to be punished because of the bluster of the outside Press. That outside Press can, perhaps, make and unmake Governments. That Press can make and unmake, as we well know, Prime Ministers. It ought not to be able to demand other than a fair trial for any man, whether soldier or civilian. The speech of the Foreign Secretary in last week's Debate was, in my opinion, a most unfortunate speech. It has created a most unfortunate impression outside. The view has been taken that the Foreign Secretary was more anxious than anything else to shield one individual concerned in the Report. That view has been taken very strongly. In order to try to prove his point the right hon. Gentleman made a very strong and altogether unwarrantable and uncalled attack upon the Commission and upon the labours of the Commission. That apparently was done in order that this individual, over whom he threw his mantle, might escape without discredit of any kind. The Commission and the members of the Commission were to be discredited. So were its labours. After all was said and done, after all the points were scored that could be scored on the Front Benches opposite, that story remains; in all its main outlines remains unshaken the dreadful story told by the Commission. I do feel that this House should mark its sense of responsibility. That is all that is being asked so far as this Motion is concerned. We have it that the officers concerned are to be tried by court-martial, whatever their degree of responsibility. We lay down a principle to-day in the answer given by the Leader of the House to the effect that whilst officers must accept responsibility, highly-placed officials and civilians have got no responbility; that no matter what happens they must entirely escape. We have heard criticism in this House on the action taken by the right hon. Gentleman the late Secretary for India. I believe his instinct was the right instinct. I believe that his action was the right action. I believe that he stands higher to-day in the estimation of the country, because of what he has done, than he would do if he had hung on to his office, and refused to resign. Surely the official responsibility of Lord Hardinge is not less than the official responsibility of the late Secretary for India? Yet we are told that Lord Hardinge has again and again offered to resign. Apparently he has got the same instinct as the late Secretary for India, but he is not going to be permitted to resign. He is altogether indispensable, no matter what the feeling may be either in this House or outside! The Foreign Secretary has more power than the House of Commons. The Foreign Secretary has more influence than the whole country put together in this matter. If the right hon. Gentleman says that Lord Hardinge has got to stay then he has got to stay, no matter what other people may think. That seems to me to be the effect of the decision. The whole speech of the Foreign Secretary was an attempt to apply white- wash, and more whitewash, and still more whitewash; but even in the application of whitewash there ought to be some kind of artistic restraint. There was very little so far as that speech was concerned. This House, however, in my view, ought to exercise some control over the Executive. The House has been losing its control. The Executive does what it likes. The Executive says what it likes. It disregards the opinion of the House of Commons altogether. We have the opportunity tonight to insist that this House should regain some of its power. We are not asking that people shall be brought to trial nor are we asking for punishments. We are asking that until these matters are cleared up that those concerned shall not retain their official positions. Therefore, I very strongly urge—and that is all we do urge—that the resignation, apparently repeatedly offered, should be accepted, and should not be declined, as has been the case up to the present. I believe if that were done, it would then be possible to go forward. Until that is done I am quite sure that this matter will again and again come up for discussion, both in this House and in the country. Whatever may be the decision to-night, whatever the Foreign Secretary may say to-night, I believe strongly that the public opinion of the country will not be satisfied until the step has been taken which, in this Motion, we urge should be taken.
I do not intend to criticise, at any rate at all adversely, the admirable work of the Commission, nor do I intend, unless unconsciously, to adopt what my hon. Friend behind me called Old Bailey methods. There are certain moments when people who are not lawyers always allude to people, like my right hon. Friend the Member for East Fife, who probably has not been in the Old Bailey in his life, as using Old Bailey methods. I only wish to remark that I do not believe it is true to say that the whole opinion of the country is against the Government in this matter. I have read the whole Report from end to end with the greatest possible care. I do not believe there is any tribunal which could possibly be set up which could come to an adverse decision upon Lord Hardinge. I cannot understand what is the relevance of statements to the effect that somebody was persecuted by the War Office, or a number of other people would have been persecuted by the War Office, in a Motion which challenges the conduct of Lord Hardinge. I do not know about Old Bailey methods, but when I hear people talk about persecution of the War Office, or influence in Society as though they moved the Foreign Secretary, and when I hear it said that no fair-minded man can possibly doubt the guilt of Lord Hardinge in this matter—
Responsibility.
:I do not understand people being held responsible unless they are guilty. It seems to me a distinction without a difference. Apparently we are asked, not because Lord Hardinge can be proved guilty, but because newspapers and certain people want a scapegoat, that Lord Hardinge's whole career must be sacrificed. I do not understand the reason for that. We are told that one of the reasons why he should be sacrificed is that he was responsible for a certain disastrous policy, it is said, in Roumania last year. I should like to go a good deal deeper into that if I could, and I should like to hear whether the statements made by my hon. Friend behind me are statements which the Foreign Office accept, because I think there is another side to that picture altogether, and if we are going in this Debate to censure Lord Hardinge and drive him out of public life, because he was in favour of a policy which everyone in this House favoured, although it turned out unsuccessful, we should be going a long way from doing justice to the Mesopotamia Commission.
Another point is this: We are told, first of all, that Lord Hardinge made this mistake about Roumania. Then we are told another reason why he should be now dealt with in this drastic manner is that he was in the pocket, or, at any rate, taken in entirely by M. Stuermer. Far be it for me to say a word in favour of M. Stuermer, but I am bound to say, from information I drived near the spot, that Lord Hardinge, if he was deceived by M. Stuermer, was by no means the only person in high places, not only in this nation but in other nations, who was deceived. If we are going to get rid of a permanent official in the Foreign Office because he, in common with most of the diplomatists of the Allies, was taken in by M. Stuermer, we are going a good deal from the purport of this inquiry. I want to know what it is Lord Hardinge has done. We are told that the Government cannot make up their minds how to act. One moment we are told the House of Commons is losing all its influence, and in the same breath we are told that the House of Commons has made the Government change its mind three times in two days. The House of Commons has complete power in this matter, as Members can go into the Lobby against the Government.
If they get the chance.
I wonder how many will try to throw the Government out on the question of Lord Hardinge. I think it is now time the Government did take a stand against a most obnoxious Press campaign. I think it is about time the Government did make a firm stand and say, as the Foreign Secretary said the other night, that they did not intend without very good reason to accept the resignation of Lord Hardinge. Is the campaign that has followed the publication of the Report a sort of campaign to which this House, with any self-respect, can possibly bow the knee? Even now one weekly paper is amusing itself by collecting a petition for the impeachment of my right hon. Friend the Member for East Fife. You have seen every possible discreditable device by the latter-day journalism for using this Report for party purposes, and I think the House of Commons, instead of scape-goat hunting, would do much more good if they said they were not going to be bullied by the Press of this country, but go their own way courageously on what they think is the right path. Now we are told that you are going to punish the soldiers and not the civilians. No soldier is going to be punished unless he is found guilty, and I do not believe there is a lawyer in the country, or a constitutional lawyer, who thinks that any case whatever for punishment could be made against any civilian in connection with this Report. There are one or two cases that leap to the eye. There is the case of the late Commander-in-Chief, who signed a certain telegram that will certainly want a lot of explanation, and there is the case of Surgeon-General Hathaway, who signed a certain similar telegram which again will want a lot of explanation. Those gentlemen are going to be tried by court-martial, and if the court-martial come to the conclusion that it was really the civilians who were to blame, and we may have history repeat itself, and we may find that the civilians will blame the soldiers and the soldiers will blame the civilians. I do not think so.
We have heard a great deal to-night about the intolerable condition of things in Mesopotamia. No one can read that Report—an admirable Report as I think it is—without realising that the conditions out there were simply unspeakable, but in what way is Lord Hardinge responsible? Here is a man conducting all sorts of interests affecting a population of 300,000,000, and he received a report from the Commander-in-Chief himself that certain hospitals were all in excellent condition. Is it suggested that he ought not to have believed the Commander-in-Chief, but that he ought to have gone down himself and made an inspection? No one has suggested that he ever made a false report, and I do not think the Commission in any way supports such a charge, and I am not concerned with charges with which the Commission is not concerned. I do not think there is anything to suggest that Lord Hardinge at any time went down and made a personal investigation. I think it is absolutely correct to say that every single thing that Lord Hardinge did he did upon information from people whom he certainly had every right to trust. I think it would be intolerable if the Viceroy of India, ruling over some 300,000,000 people, is going to be held responsible, and driven from public life, merely because he believed his officials, when it is perfectly obvious to everyone that he acted upon information derived from them. As a matter of fact, we are told that in future no one will sit on Commissions. Is it really the wish of the Mesopotamian Commission that Lord Hardinge should be removed? I have endeavoured to find out from members of that Commission, and I find it just as great a difficulty in believing that—
Why did he hand in his resignation three times?
There are many occasions when a sensitive man hands in his resignation, and there are many occasions when a rather hysterical public admires criticism rather more than common sense. I personally entirely agree with those who have said the resignation of the right hon. Gentleman the Member for West Birmingham (Mr. Chamberlain) was certainly not called for. We are told that it is against public policy, or that there is some obscure law, that a Civil servant may not defend himself.
Hear, hear!
I hear a great authority on constitutional law and history say "Hear, hear!"
Hear, hear!
I wish the hon. and learned Gentleman would tell me where to find that doctrine.
I will tell you if you like. It is to be found in Anson's "Work on the Constitution."
Civil servants cannot possibly sit in the House of Commons, and they cannot defend themselves because there is nowhere to do it in. Personally, I very much regret that Lord Hardinge had a place to make a statement in, but that does not alter my view or bias me against Lord Hardinge, who is a Member of the House of Lords, and, after the abuse that took place in the Press, I think it was time that Lord Hardinge did make his own defence in the House of Lords, as he did in a very moderate speech. I think the constitutional law point has been run to death, and as long as you have Civil servants as Members of the House of Lords you can no more prevent them speaking than you can prevent judges speaking. There has always been a constitutional view that judges should not take part in politics, and we find in the House of Lords very few judges who do take much part in politics. No one, however, says that they may not take part, but when they do take part they are expected to do so with every possible discretion, and Lord Hardinge made a speech the tone of which no one can complain about. I am not concerned as to whether the Government have changed their view or not; at any rate I think their present view is the right one, and but for the fact that I could not catch the Speaker's eye the other night I should have said so then.
I agree with nine-tenths of what fell from the Foreign Secretary on that night. I get a little tired of these stories about collusion between the two Front Benches. I am aware that men in official life apparently take the same view, and hon. Members who have not been in official life take the opposite view. I think the official view taken in this country is an extremely high one, and the country will not approve of an attack of this kind upon a distinguished man, or of what has been said about influence in society, collusion between the two Front Benches, and all the other charges, which are really devices of the Old Bailey advocate, that is doing everything except keeping to the actual point in discussion with the object of driving Lord Hardinge out of public life. I believe if Lord Hardinge had been Viceroy now he would have persisted in his resignation, but he has gone in for another branch of the service, where he gives the greatest possible satisfaction to those who are certainly in a position to know. I am by no means sure that I differ from some of the criticisms cast upon Lord Hardinge, but that has nothing to do with this Debate. I very much doubt whether the views which I have formed, with not very much knowledge about foreign politics, are exactly the same as those held by Lord Hardinge, but his Lordship has formed them with very much greater knowledge. I know that on one occasion he did have some connection with what I thought was an unfortunate matter, but that does not alter my judgment as to what he did in India, and, judging by what he did there, I do not know why we should clamour for his resignation. In these times we are frequently told that we want every man we can get, and we are also told that every man who wishes to resign against the wishes of his colleagues is perfectly open to do so. Now I cannot reconcile those two views, for the public service demands the service of everybody or it does not, and for anyone to argue that we should, in deference to newspaper clamour, get rid of the services of a man like Lord Hardinge really fills me with amazement.
I have analysed the whole of the charges against him and I have endeavoured to find out by reading the evidence whether there was anything to strengthen the views against him. Unfortunately we are not able to read the whole of the evidence, but it is certainly not improper for a member of the Commission to say that if you were able to read the evidence the views which I have expressed would be held even more strongly than they are held now, and more than one member of the Commission has made that remark to me. It is a deplorable thing that without evidence upon which any real charge can be made, and merely under the pretence—because it is no more than that—of doing even justice between civilians and soldiers, we should persecute Lord Hardinge any further. I know nothing about society intrigues, and I am not surprised that those who know him intend to keep him during the present crisis, and I am surprised that hon. Members of this House are taking this particular moment to attack Lord Hardinge. I think it would have been better, having regard to certain facts, if this attack had come from another quarter of the House. I find hon. Members using phrases about conspiracies of the two Front Benches, and about no fair-minded man being able to hold any opinion but theirs, and they talk of society influence. I know there were certain people who did not like certain other things which Lord Hardinge has done, and they want to direct attention to those matters when they are making the pretence of judging him upon this matter which is vital to his own career. I know nothing about Lord Hardinge personally, I have never met him, but I have endeavoured with the greatest possible care and done my best to form as unbiased an opinion as I can, and I do think he has been most unfairly attacked in this country, and I rejoice to see that the Government has made up its mind to stand by this great public servant. By doing this, not only will they lose nothing in the estimation of the country, but I think successive Governments would have stood better before the country if they had stood up for the men who have been so foully treated in the Press as in this case, and they would have come out a great deal stronger in this great national crisis.
I rise to take part in this Debate without any prejudice against Lord Hardinge or anybody else, but I would remind the hon. Member who has just sat down that if he believes that there is no feeling in the country on this matter he certainly cannot be in touch with public opinion. I entirely agree that it would have been better for this Government and past Governments to have stood up boldly against the wicked misrepresentation and abuse of public men during the past two years. I can conceive of nothing worse than what has happened in recent years and which, if it is allowed to continue, will destroy all that is best in public life. As an instance of that, I would mention Prince Louis of Batten-berg. I was alone, as a Labour man, in protesting against the wicked methods that drove him out of the public service. I have always taken the view that you have no right to condemn a man until he has had a fair trial, and I have no hesitation in saying that Prince Louis of Battenberg never had a fair trial, but was driven out of public life by prejudice and abuse. I approach this question in the same spirit, and I am going to submit that no greater disservice could be done to Lord Hardinge himself than to retain him in his present position. Supposing in the future some other difficulty or issue arises involving Lord Hardinge again, how can this House of Commons or any Minister from that bench attempt to blame him? His clear and obvious answer would be, "I offered my resignation, and since you refused to accept it I at least ought to be immune from anything that may have occurred afterwards." You are not entitled practically to compel a man to continue in office and then to hold him responsible afterwards. The hon. and learned Gentleman who has just sat down said that there was great need for the services of every man to-day. I entirely agree. It will be a. fatal mistake if the services of all the brains in this country were not utilised, but carried to its logical conclusion the argument means that any prisoner at Old Bailey may make that defence for any crime with which he may be charged. If the hon. and learned Member's point is good logic, and it is sound to say that Lord Hardinge's resignation should not be accepted because every man is needed, then the argument would stand good, and the murderer—I hope I shall not be accused of associating Lord Hardinge with the analogy—or any criminal would be entitled to say, "I ought to be let off, because at least my services are required." I am quite sure, if that argument were put forward at Liverpool, where the hon. and learned Member is Recorder, he would have to take note of it.
I am concerned, however, with the opinion in the country. There is no doubt that there is grave unrest at this moment, for many causes which I need not go into, and you will never have discipline and you will never have that feeling of justice which is essential for the well-being of the country if it goes forward to the mass of the people that whenever a humble individual, whenever a private, does something wrong he is to be promptly punished, whilst those in high places are not to be treated in the same way. I know that feeling exists, and I know the people in the country hold that the late Secretary of State for India (Mr. Chamberlain) did the right thing. He rose in the estimation of the people by what he did. I believe that a great mistake is being made by those in authority in preventing Lord Hardinge from taking the same course. The people of the country do not want to be vindictive and this House does not want to be vindictive, but the House does want to be in a position to say, "We are prepared to administer justice and fair play to everybody, whether he be rich or poor." It is difficult for those holding responsible positions to-day to do the right thing. We are told, first, that if civilians interfere with the military they are to be condemned, and we are told afterwards that if they do not interfere they are equally to be condemned. I take the view that you cannot divest a Cabinet Minister of his responsibility. The responsibility ought to be accepted by him. In the same way Lord Hardinge must be held responsible, not from any desire for punishment or in any spirit of revenge or class feeling, but in order to assure the people of the country that there is only one law for rich and poor, and I think that would be best accomplished by Lord Hardinge's request to be allowed to resign being acceded to.
The hon. and learned Member for one of the Divisions of Norfolk (Mr. Hemmerde), in what I take leave to describe as a most extraordinary speech, extraordinary in the novelty of its constitutional ideas and its theories of constitutional practice, warns the House that we ought not to be influenced in our attitude towards an issue of this kind by the outside Press. He omitted to warn the House that while the House may have complete liberty to refrain from yielding to pressure from the Press outside there is a much more imperative obligation, and that is that the House of Commons should at all times, and notably in connection with an issue of this kind, be true to its own traditions and true to its own sense of constitutional responsibility. There is no political tradition associated with the history of this House more precious, although lately somewhat rare, than the view that the acceptance of high Ministerial office should and does carry with it great responsibility. I confess that I listened with sincere regret to the speech of the late Prime Minister, the speech of the Prime Minister, and the reference yesterday by the Leader of the House in answer to a question—those expressions of regret that the late Secretary of State for India should have persisted in his resignation. The late Secretary of State for India took the one and only true view, that his tenure of high office carried with it the great responsibility to shoulder the blame for any defects in administration and for the blunders of his official subordinates.
This Debate to-night is taking place at a time when the authority and prestige of this House in the country outside is more at stake than probably it has been at any time within the last half-century. The outside public, so far as I am able to gauge its opinion, is becoming more and more impressed with the view that the House of Commons claims privilege but refuses to accept the responsibility which must accompany privilege. I confess that it seems to me that no more dangerous object lesson could be given to the public than that the feeling of responsibility is not to be fully recognised and fully acted upon in a case like that of Lord Hardinge. I confess that my own experience entirely concurs with that expressed by the right hon. Gentleman the Member for Derby (Mr. J. H. Thomas). In the course of the years during which I have been a Member of this House I cannot readily recall an occasion when there has been more real and sincere indignation over the publication of a Report than that produced by the publication of the Report of the Mesopotamia Commission. It seems to be a most deplorable incurring of risk to suggest that that feeling of indignation is altogether unfounded and misplaced. Unquestionably the facts that had been revealed by the Report of the Mesopotamia Commission are horrible in the extreme, and to say that one who was officially responsible, although it may be not personally directly implicated, is not to shoulder the burden of responsibility in connection with those disasters, seems to incur dangers and risks which may be fatal to the authority and prestige of this House.
Some stress has been laid from the Ministerial Bench upon the theory that we require all possible strength and assistance and that we should, above all, get on with the War. May I suggest to the Government that they and any other Government can only prosecute the War if they are supported by confidence in the country? The real danger to the successful prosecution of the War is the danger of the loss of the confidence of the country in the thoroughness, effectiveness, and response to the sense of responsibility on the part of those who are controlling the direction of the War. I suggest to the Government, in the interests of the War itself, that they must go out of their way, if needs be, to dissipate and scatter any danger there may be lest they should lose the confidence of the men outside. I myself have been throughout strongly convinced that so long as you inspire confidence in the country and take the country into your full confidence there is no fear as to the issue of this War. It is precisely because for some time past—it may not be intentionally—the Government have really been creating the impression that they are willing to use the sacrifices of the country, but that they are not willing to take the country into their confidence, that there has been this disturbance of feeling, reacting in weakness to administration, and, it may be, reacting with disaster to the issue of this War.
I am afraid that what I am going to say will not please all of my own side of thinking in politics, but at least one opinion should be expressed from these benches in reference to the unfortunate position in which the Government have placed themselves by refusing to accept Lord Hardinge's resignation. The only speech that has been made so far in support of the Government has come from my hon. and learned Friend the Member for North-West Norfolk (Mr. Hemmerde), who is the Recorder of Liverpool. He based his speech very largely on an appeal to the House of Commons not to give way to the outside pressure of Press opinion. I do not for one moment believe that the Press in this matter, and in a good many other matters during the last few months, has been one inch in advance of public opinion. I do not believe that the Press has invented any of those hares that have been running for the last few months. They have merely given evidence of what the public is thinking. The reason why we here must take some notice of the views of the Press is because it is the only expression of public opinion possible at the present moment while we are under a Coalition Government. If there had been a Party Government in office, with a strong Opposition, the Government, whichever it might have been, Liberal or Conservative, would have been hurled out of office within a week after the publication of this Report. No possible Government which had been responsible for the conduct of the Mesopotamia campaign could have survived a Report of this kind. It is a Report not made by junior Members of this House, not made by excitable politicians, but made by men of such high position as Lord George Hamilton, himself a great Indian administrator, by General Sir Nevill Lyttelton, and by Admiral Sir Cyprian Bridge, among other men of very great importance in the House or the country. It is a Report which cannot be left out or disregarded, and if there had not been a Coalition Government, the Government who dared to withstand a Report of that kind would have been hurled out of office. But there is a Coalition Government, and there is no Opposition. There is no means of getting a Division which represent the views of the country. The Government has such a vast number of men in it, of secretaries, of under-secretaries, of private secretaries to secretaries, and of private secretaries to under-secretaries, that they can keep a House at any time they like, except when a private Member is trying to speak. Two days ago, when private Members tried to speak on this subject, we found, in accordance with the rule of the House, an almost invariable rule which you, Sir, always rightly follow, that the time of the Debate was taken up by Members of the Front Benches on either side, backing up and supporting one another. The worst speech of all was that of the right hon. Gentleman, my one-time Leader, the Secretary of State for Foreign Affairs, who thought it was not beneath his dignity, in order to defend Lord Hardinge, to cast aspersions on the work of the Commission, who have done their work to the satisfaction of this House and to the satisfaction of the country as well. I admit that the Government has been in a great difficulty to-day. Because they defended Lord Hardinge three days ago they are bound to defend him to-night. We saw from this morning's papers that they have taken to their bosom two fresh Cabinet Ministers, who are almost as responsible as Lord Hardinge for the condition of affairs in Mesopotamia. I wonder if my right hon. Friend the Member for Dundee (Mr. Churchill)—
He is not a Member of the Cabinet.
When he was offered a post in this Government, made any terms with the Government—as I think if he were wise he ought to have done—by saying, "Look here, if you are taking me in you must not turn Hardinge out! "It would be a ridiculous thing to turn Lord Hardinge out and at the same time to take in a gentleman who was responsible above all others for the Dardanelles mess, for the Antwerp mess, and, to some extent also, for the Mesopotamia mess. They have flaunted the public opinion of the country in admitting this gentleman to their councils. They may flaunt it still further by keeping Lord Hardinge at the Foreign Office. There is, however, one thing they cannot do. If they are going to keep Lord Hardinge at the Foreign Office, they must cease the injustice of prosecuting the military officers who are implicated in the matter. They cannot blow hot and cold. They cannot keep a civilian here, and prosecute by court-martial junior military officers there. I agree that the matter is sub judice, but as to them there is a primâ facie case set out by the Commission. There is equally a primâ facie case set out by the Commission against Lord Hardinge, and they cannot leave one in permanent occupation of his Garter and his emoluments at the Foreign Office. There is only one course open to them, that is to keep all or get rid of all. They have not done this with regard to the military officers, because they have already suspended them. We asked a question in the House, and the Leader of the House told us they had suspended the military officers. They have not been proved guilty. Why did they not suspend Lord Hardinge? Why not apply to civilians the same measures they have applied to the military? We are dependent upon our military forces at present. We know that we can depend upon them. We know that the military will not turn round on the Government and say, "You have treated us badly." Their honour is involved in this War. Their patriotism is too great to do it. At the same time, there is bound to be a smouldering feeling in the hearts and minds of soldiers that there is one law for the civilians in the House of Commons and another for the soldier, and that is what I protest against.
Finally, I want to convict Lord Hardinge out of Lord Hardinge's own mouth. Some little time ago there was serious trouble in Ireland. A Commission was appointed by the Government to inquire into the rebellion, and in consequence of that Commission the right hon. Gentleman, who was Chief Secretary for Ireland, was compelled to retire.
No. I must really interrupt. I resigned last year the post of Chief Secretary, not in consequence of strictures passed upon me by Lord Hardinge, because I retired weeks before Lord Hardinge's Commission was set up. The hon. Member's statement is one of those few things which even in this House cannot possibly be true.
I am obliged to my right hon. Friend. I am glad to be even the humble means of eliciting a small speech from him. I am sure we should welcome once more his intervention in our Debates. At all events, I accept his statement. No one knows better than he when he retired. I have not had time to look at the dates, but I have had time to refresh my memory by looking at the report of Lord Hardinge's Commission, and their words were that the Chief Secretary was responsible because he was the Executive head. The Commissioners did not find that he was guilty of any crime. They found—Lord Hardinge was the principal one who signed the Report—that he was responsible because he was the Executive head. I claim Lord Hardinge in judgment upon himself. I do not say that Lord Hardinge committed a crime. We are not asking that he should be prosecuted for a crime. We simply say that he was the Executive head, the responsible Minister in India for the control of India and for the control of the Expedition. If the men under him did wrong and he did not find it out, he was still the responsible head who ought to have found it out. If they did wrong and it was within his power, and I think the House will agree that it was within his power, to forecast some of the difficulties which would arise, he is still the responsible head. As such, without imputing any guilt, I ask the House to say that Lord Hardinge has done the right thing in placing his resignation before the Government. He has done the right thing in doing it not once, or twice, but thrice, and it is the Government which has done the wrong thing in the eyes of the House of Commons and of the country in refusing Lord Hardinge permission to resign.
Probably the House will desire, before the Debate goes any further, that I should rise and say what I can in defence of the course which the Government has adopted. Let me at the beginning tell the House what it really knows probably perfectly well, that if in form this is the decision of the Government, and though the Government adheres to the decision, in fact, I am the responsible person in this matter. It is on my advice, as head of the Foreign Office, that Lord Hardinge has acted and I take the whole responsibility for the advice I have given and for the result of that advice. My hon. Friend (Mr. Joynson-Hicks), I am not quite sure with what object, has stated that, in his view, if the War had been conducted by a Ministry formed on party lines, as in a sense it was conducted in the earlier months, the Government, whatever its merits or demerits, would have been turned out within a week after this Report was published, and that what prevented that catastrophe or that advantage, whichever it may be in his view, was that there was a Coalition Government in power when all these unhappy events in Mesopotamia occurred, and that, the responsibility being divided, therefore, between some Gentlemen who sit on that bench and other Gentlemen who sit on this bench, justice, in the form in which my hon. Friend conceives justice could not be done. Therefore, said my hon. Friend, as you cannot turn out one Front Bench because the other Front Bench was just as bad, choose a permanent Civil servant, and turn him out instead.
Oh, oh!
That is absolutely my hon. Friend's argument. He says, "Had the Government in office at the time the Report was issued belonged to one party, the Government would have gone. That cannot be done. Turn out a permanent official." I conceive that to be a gross injustice, and I am perfectly indifferent what may be stated in the House or out of it. So long as I am responsible for a Department I am not going to permit what I conceive to be a gross injustice being done to any one of my subordinates. My hon. Friend's point is quite simple, that holding these views I should resign office. [HON. MEMBERS: "No, no!" and "Hear, hear!"] And there are hon. Members who apparently think it is a kind of heroic sacrifice to resign office which deserves a meed of praise from all right-thinking persons. There is no sacrifice, at all events, which is easier, and no sacrifice I would more gladly undergo, and if the House or the country thinks that, because I have taken the course which I have taken, and to which I propose to adhere, I ought to give up the office which I hold, no man would be more grateful than I for that expression of public opinion. I think Lord Hardinge has been monstrously used. Let me take some of the points. The hon. Member who initiated the Debate said it was iniquitous that Lord Hardinge should be allowed to defend himself in the House of Lords, that it was contrary to all constitutional precedent, and so forth.
Hear, hear!
And the learned constitutional lawyer who sits next to him cheers that version of his remarks. It would have been, in my opinion, quite improper for Lord Hardinge to intervene in the House of Lords on a subject connected with the Department in which he is a permanent Civil servant. That is a good rule. It is the rule and practice of the Civil Service in this country which should be observed. But Lord Hardinge asked me, and I asked the Prime Minister, whether there was any objection, with regard not to any work that he is now doing, not to any office which he is now holding, but to a previous period in his career called in question, to his making some observations when his conduct as Viceroy was called in question. I held the view, and it was shared by my right hon. Friend at the head of the Government, that there could be no objection to any such course. The hon. Gentleman says there is no precedent, and probably there is no exact precedent, because I am not aware of any case—
Let me interrupt the right hon. Gentleman. I tell him. distinctly there is no precedent; and I tell him more, that it has been the rule of the Civil Service, initiated and supported by such constitutional lawyers as Todd and Sir William Anson, that a peer cannot be a Civil servant and in the House of Lords.
The point is this: it is not expedient that a man, who is essentially in a subordnate position, should speak in the House of Lords on questions on which he has no control of policy, but there can be no objection to the course Lord Hardinge took, and the reason no precedent can be found is probably because there is no case in which a man, who held a position of Viceroy or Governor of any great Dependency, returns to the position of a permanent official, and when in that position finds his previous behaviour has been impugned. What is the position—the main point—that has come out in the speeches we have heard to-night adverse to Lord Hardinge? One able speech was delivered in his favour; the rest of the Debate was against him. What is the main point? It has been expressed in two different ways by two different speakers. My right hon. Friend the Member for Derby (Mr. J. H. Thomas) said if you do not prosecute Lord Hardinge, or punish him, you will draw a distinction between the way you treat the rich and the way you treat the poor, and nothing can be worse for the credit of the Government or the public service than such procedure.
Excuse me, I did not say punish. I said if you do not let him have his wish.
If that does not involve punishment I do not see that distinction between poor and rich should be made. This is not a case of rich and poor. It is quite evident that four or five gentlemen, including the Commander-in-Chief in India and General Nixon, are not poor men in any sense in which that phrase is commonly used. Another way in which the same kind of charge is made—it was implied by my hon. and learned Friend who has just sat down, and others said the same thing, how monstrous it is to adopt a procedure with regard to the soldiers which you do not adopt with regard to the civilians. I think there is more than one observation to be made on that way of presenting the case. In the first place, let me remind the House that the Government did try to find a tribunal which would deal equally with the soldiers and civilians. We proposed it to the House, and it was immediately received with a storm of execration; it had no supporters, and it was withdrawn. We then proposed a second plan which would equally have brought in me soldiers and civilians, and that was rejected.
You proposed no plan.
You never took the sense of the House on it.
10.0 P.M.
It was not adopted, because, as far as the information of the Government went, it was universally disliked by both sides of the House in all quarters. But when the Government proposed a tribunal, which would equally try soldiers and civilians, how can either of my hon. Friends possibly say that the policy of the Government has been to punish the soldiers and to shelter the civilians, in the face of the two efforts we have made, unsuccessfully, to bring in both soldiers and civilians, and in the face of the fact that no third suggestion was proposed by which that object can be obtained. That is the first criticism I have to make on that crucial point. There is another observation.
Apparently, in the opinion of hon. Gentlemen, to give one of the persons arraigned by this Report, and bring him before a tribunal—a legal tribunal, which would proceed according to the rules of evidence, a tribunal which would possess all the qualifications of a tribunal which judges upon individual merit—they think that is an injury to the person brought before the tribunal. That is a profound error, and an error into which no man ought to fall in this House. Do not they know that the soldier attacked in his honour and credit considers it a privilege to be allowed to come before a court-martial, and do not they consider it an extreme hardship upon Lord Hardinge that he cannot have his case brought before a tribunal? What is going to happen now? There is the Report printed, there are speeches in it made by hon. Friends of mine on that bench, and by the Secretary of State for India, and by myself, in which, without surveying the whole subject, we indicated reasons for thinking—and I must not omit the Attorney-General, who gave conclusive reasons to the House—that it would be perfectly impossible to take any hostile action against any individual mentioned in the Report without another inquiry. Nobody can deny that. That really has to be admitted after the Debate which took place last Thursday and Friday. You would not hang a cat on the evidence without further inquiry.
You have suspended a number of them as it is.
That, I presume, is because the officers whose responsibility was concerned were considered not to have the qualifications for carrying on the work on which they are engaged. Do you mean to say they were first punished and then have to be tried. [Cries of "Yes, yes!"] It is not a procedure which I recommend, and it is not a procedure which I think this House ought to advocate. I am dealing with the case of Lord Hardinge, and it is the only case which comes within my competence, and laying down the principles which animated me in the course I pursued, and I think these principles are really unshakeable. I am prepared to defend them either here or elsewhere. The man who has suffered most cruelly by the course taken by the House last Friday is Lord Hardinge. I am perfectly certain if his case could be tried before an impartial tribunal, acting on the rules of evidence, he would be completely cleared. If you say that no tribunal could say that the head of the Government of India was not technically responsible for everything that happened in India, that may be true. That I do not deny. But is that the principle on which you propose to act. If so, I am quite unable to understand— and this is a thing which I think hon. Gentlemen really must take to their hearts and consciences—why hon. Gentlemen opposite are not in the dock, and why are we not in the dock?—
Because you are afraid to go into it.
And that is precisely the reason which obviously clears Lord Hardinge.
Many of you ought to be in prison.
If we are as guilty as Lord Hardinge, Lord Hardinge is as guilty as us.
What about the thousands of soldiers whose lives were lost? You have no word to say about them.
May I respectfully ask what is that to do with the argument I am making?
These are men who laid down their lives for you.
I say that Lord Hardinge had the same kind of responsibility, and only the same kind of responsibility as Ministers in this House. He had exactly the same type, and he should be judged by the same canons. If we all deserve condemnation, as I dare say we do, condemn us, but do not let us go scot free and condemn a helpless Civil servant. These are plain principles of justice, which I would earnestly ask every hon. Gentleman in the House to consider and to apply to this case. I do not wish to attack the Commission, but the temptation to do so is really very strong. Then it is held up to us, not for what it is—a very painstaking, very laborious, and very full, and no doubt intended to be a very fair account of various important transactions—but as containing a verdict which will either be confirmed by history in the future or would at this moment be confirmed by a tribunal if you set one up. It is nothing of the kind, and nothing surprised me more than to see a letter from the chairman of the Commission—a long, elaborate account—in which, so far as I remember, he did not deal with any of the charges made against the Commission in the course of last week's Debate except one. That one charge was, as the House will remember, that a telegram published in the Report had been represented—there were abbreviated forms of the original telegram which did not represent the real substance and meaning and intention of the original. What does the chairman of the Commission say on that point? He says, "Well, it is quite true," and in justification of these abstracts he does not suggest that they really represent the original, but he says the abstract and paraphrase was made by a clerk at the India Office. Well, how about the doctrine of responsibility?
Is was submitted to the Government.
No, not at all. And if it had been, what has that to do with it? For these paraphrases, on which the great indictment turns, the Commission had the originals. Were they not responsible for seeing that the work of the clerk at the India Office was properly carried out? If they were not, are they the people to come forward and talk about responsibility?
They were asked not to publish evidence that might give information to the enemy.
No, I beg my right hon. Friend's pardon. No doubt they had to consider what would give information to the enemy, but it is not pretended that you could not make a paraphrase of these telegrams which would have given a much fairer idea of their contents than was actually given by the paraphrase published. That is the only point, so far as I remember, on all the things that have been said and might be said by responsible people on the verdict of the Commission, that Lord George Hamilton really tells us of. What the value of his complaint is the House will be able to judge.
I do not think the House will escape responsibility in this matter. If you really think that Lord Hardinge ought to be punished, appoint a tribunal which can judge him. If you will not appoint a tribunal which will judge him, leave him alone. The hon. Member for Mayo talked about choking off the affair, and used various phrases, as if he wanted, as if I wanted, or as if any of my colleagues wanted, to shield Lord Hardinge from any just criticism. That is not our intention, and it certainly is not my intention. My belief is that the more this case is examined, the more it will be seen that the sort of responsibility which can justly be attached to Lord Hardinge is precisely the same responsibility which hon. Gentlemen opposite and we upon this bench actually incur.
Join the hon. Gentleman opposite, then.
As I deliberately bar myself from making further criticisms upon the Commission, there is only one other point which I want to bring before the House, and, in my judgment, it is a very important one. My colleagues and I have said—and I think that I, perhaps, have been the chief protagonist in the matter—that it is absurd to deal with Lord Hardinge as a Civil servant and to prevent him acting as a Civil servant because, in a wholly different capacity, and in an utterly different sphere of activity, he may have incurred—rightly or wrongly—the sort of censure which I have just endeavoured to describe. Let the House, I beg them, be cautious in the interests of the country how they misuse that great instrument, the Civil Service of this country. Lord Hardinge has been not merely attacked for what he did in India—that attack may be just or unjust; to attack an ex-Viceroy is perfectly legitimate—but he has been to-night attacked, not for what he did as Viceroy, but for what he did as Under-Secretary of State. Well, nobody has the right to attack the Undersecretary of State in this House. The attack is grossly unfair, and, if I might say so, grossly unconstitutional. The hon. Gentleman the Member for Mayo had a wonderful story, about something which Lord Hardinge is supposed to have done in connection with the Russian Government, before the late revolution in Russia, and he quoted a letter which, I believe, was obtained through the instrumentality of a German submarine.
You do not mean to say that I got it. I am entitled to clear my character. Does the right hon. Gentleman mean to assert that I got it from a German submarine? I got it from the columns of the "Frankfurter Zeitung."
I hope the hon. Gentleman has cleared his character from that charge, and that he will clear his character from the charge I am going to bring against him. I never brought against him any charge that he went and rifled a German submarine, and unless I were told so on very good evidence I should have extreme doubts about it. But what I am charging him with is something based on the speech we all heard this evening. He then told us, on the strength of this letter, that Lord Hardinge had conspired with the Russian reactionaries against Roumania, and he brought forward a story for which, so far as I know, there is no foundation whatever, that the old autocratic Government of Russia cherished some dark and scandalous design against the country which it was using all its influence to induce to come into the War on the side of the Allies. This letter itself absolutely refutes the charge which the hon. Gentleman brought against Lord Hardinge. What does this letter say: It says:
On this subject Lord Hardinge will not be allowed to make a speech in the House of Lords. On this subject Lord Hardinge is dumb. As it is connected with work in the Civil Service Lord Hardinge's mouth is absolutely shut, and his whole defence, therefore, rests with his official chief. Is it tolerable that because the hon. Gentleman opposite may have some feeling over what Lord Hardinge did in his position as chairman of the Commission on Irish affairs, he should come forward in this House, and taking advantage of the prejudice illegitimately excited, as I think, by the Report of the Commission, and taking advantage of the fact that partly, indeed entirely, by the action of this House, Lord Hardinge is precluded from having what the soldiers, more fortunate than he, are allowed to have, namely, recourse to an impartial tribunal to clear himself; that; not content with that, he comes forward and attacks this permanent Civil servant, not merely manifestly falsely on the face of the document on which he relies, but in a manner which shows that he does not in the least understand how the public work of this country is carried on. I think my hon. Friend the Member for Derby (Mr. Thomas) said that supposing the conduct of the Foreign Office were criticised, supposing that, rightly or wrongly, the Foreign Office lays itself open to animadversions by the Press or this House, will it not weaken the Foreign Office that its permanent Under-Secretary was a man condemned or criticised by the Commission? Lord Hardinge has not been responsible for the foreign policy of this country in the past, and so long as he remains Under-Secretary he will not be responsible for the policy of this country in the future. It is of prime importance, if this House is to do its duty by the vast complicated machinery of permanent officials, through which alone you can carry on the colossal business of Government, that you should remember that you must never criticise the policy of an underling, because it is not his policy; it is the policy of the Government that employs him on the face of it.
I therefore venture to sum up very concisely my view in this matter. In the first place, I think that it would be a great scandal if this House, I will not say to yield to external pressure, but, sharing the wave of passion and prejudice which is naturally, I might almost say inevitably, excited by the horrible revelations which we all have in our minds, were to do an injustice to an individual and make an individual a scapegoat. I say, in the second place, that it is a profound mistake to suppose that by giving the soldier a chance of clearing himself and not giving it to Lord Hardinge, you are doing an injury to the soldier and a benefit to Lord Hardinge.
Will the right hon. Gentleman allow me to say—
When Lord Hardinge—I will not go into that. Lord Hardinge is earnestly desirous of having a chance of dealing with the situation which has been created by the Report of this Commission. There is nothing which he desires more, and there is nothing which I desire more on his behalf, and nothing whatever except the circumstance with which this House is perfectly familiar, and nothing whatever but a policy which this House believes in, which it has pressed and almost forced upon the Government, has denied to Lord Hardinge the privilege which his happier colleagues in the military service enjoy. Further, I say that Lord Hardinge's responsibility—and I am not going to quarrel over the refinements of responsibility—is precisely of the same kind as that of the late Prime Minister, the present Prime Minister, the late Secretary of State for Foreign Affairs, and the present Secretary of State for Foreign Affairs, and all the gentlemen who were concerned in the Coalition Government. All are equally responsible, and it makes my blood boil to think how, if we do anything in respect of which it is a disadvantage to go before a tribunal, we should be spared that destiny, and that only one man, whom you suppose you can attack with impunity, should be sacrificed, who, if he were guilty, multitudes are no less guilty than he.
And the last consideration which I will venture to insist upon is that in this vindictive pursuit of Lord Hardinge, in this method of attacking and misrepresenting his supposed action as a permanent Civil servant, and his supposed policy as a permanent Civil servant, you are doing the greatest conceivable injury to one of the most valuable elements in our public life—that great Civil Service which is the envy of every country in the world, and which no country in the world has yet been able to rival.
This House appreciates the dialectics of the right hon. Gentleman, but there are few Members who have listened to his speeches in the past who have ever seen his dialectics utilised with less effect than on this occasion. He has drawn an interesting comparison between the happy lot of the soldier who is to be exposed to, or to have the privilege of, a court-martial, and the unhappy lot of Lord Hardinge who is in a permanent post, and is to be exposed to no penalty whatever for the state of affairs for which the Royal Commission has found him technically and morally responsible. The right hon. Gentleman, in regard to the procedure with reference to these military officers, assumed that these military officers who are affected by the Commission's Report, were all at the present time discharging certain duties in the Army, either at home or abroad. I think it is now common knowledge that every single military officer who has come under the ban of the Commission is relieved of his command from the duties for which he was formerly responsible. For example, Surgeon-General Hathaway, who was expressly censured by the Commission, and as to whom a court-martial is about to sit, has since his period in India discharged the duties of Deputy-Director of the Medical Service of the Western Command, but on the 13th June, after the Report of the Commission, he was relieved of his post there. There is one law for the military service and another for the political service. Undoubtedly if the Government insists on retaining the military officers who are to be court-martialled, equally Lord Hardinge, who is himself as responsible for the state of affairs as the military officers, should be dealt with.
The right hon. Gentleman was equally unsuccessful in dealing with the distinction which the right hon. Member for Derby drew between poor men and men of high estate. There are private soldiers at the present time languishing in gaol in this country for various small derelictions of duty—men who, having fled from their sentry posts, are now undergoing terms of penal servitude; but a great public servant, who has been found guilty of acts of maladministration, is to be relieved of all the penalties which he has justly incurred. The right hon. Gentleman said that the Government had offered a tribunal. They offered, in the first instance, a tribunal under an Act of Parliament; and, secondly, they offered a special tribunal; but no such tribunal has been offered to this House. Neither in the one case nor in the other has the House had an opportunity of expressing an opinion upon the tribunal; and if the alternative were given to this House between Lord Hardinge retaining his present post, without undergoing any penalty for the acts of which he was found guilty, and accepting either of the tribunals suggested by the Government, I am quite sure that the House would prefer to try one or other of these tribunals rather than that he should go unscathed. As the situation now stands, the only tribunal which we can accept is the right hon. Gentleman himself. He says that he has tried the case and that he finds Lord Hardinge not guilty, without reading the Report or reading the evidence, and that Lord Hardinge is such a valuable public servant that it would amount to a national disaster if the Foreign Office were deprived of his services. We have heard this story before. Other men have been represented as indispensable, and have represented themselves as indispensable, and the country has got on without them, as I believe it can get on without Lord Hardinge, or without the present Government as a whole. But whatever this House decides to-night is a matter of very little relevance. This House no longer commands the confidence of the country either in this matter or anything else, and you may take it that if this House follows the course proposed with regard to Lord Hardinge, it will be doing a great deal to increase the discredit which already attaches to it, and be guilty once more of betraying the trust which the country has reposed in it.
I should like to say I entirely agree with every word the Foreign Secretary said. To look at the matter from the point of view raised, of course if Lord Hardinge had been Viceroy when the Report came out, he would have insisted immediately on being relieved. From what I know of him there is no man who would like more than Lord Hardinge to have his conduct inquired into. What there has been going on for many months is an attempt by certain newspapers to rule this country, and not only to rule it, but to turn one Minister out and put another in, and the Prime Minister who is in office now is told if he does not behave, or what they call behave, they mean to turn him out too. It will not do. We hear a great deal from hon. Members below the Gangway about democracy and the duties of democracy, and about a new heaven and a new earth—
And a new Derby, too.
I hope I have a very great chance not only of winning the Derby, butt of getting to heaven eventually. I have a very great respect for public opinion, but it is not always correct. How about public opinion in India? Have you not read the "Times" this morning, and which I believe is supposed to be the first paper in this country, to see that India is aghast at the way in which Lord Hardinge is being treated. I have known Lord Hardinge since he was a boy; we were at school together. I was the clever and lazy boy, and he was the industrious one, and look at the way he has got on! There is no man in this country who has spent a finer life than Lord Hardinge. You can talk about his society influence and riches, but he was a very poor younger son, and to be a poor younger son is to be very much worse than to be a well-to-do working man. There is another thing. Hon. Members seem to think that Lord Hardinge and others have not been punished; but do you suppose that he has been lying on a bed of roses altogether? Some hon. Members seem to think that for a soldier or other people to be abused is the same as for a politician. I know that the more a politician is abused, the more likely he is to get back into office. I am very glad to see the House in such good temper. They seem to like what I say, and they can take my word for it that Lord Hardinge is one of the best public servants in the country, and they should leave off trying to pester him.
I venture to suggest, with all respect to my right hon. Friend, that the matter has been left in a most unsatisfactory position by his speech. According to his own speech, there are now two systems of dealing with this question. There is the system for soldiers who, he tells us, are so fortunate as to have the great advantage of being tried by court-martial—where, I may say, the Court will not be influenced by threats of resignation from the Secretary of State for War. They will be tried on their merits, as everybody should be. There are also those unfortunate civilians who are so unhappy as not to have the advantage of being tried by court-martial. I am not going to express any opinion as to Lord Hardinge's services or merits. I am here going to reply, very imperfectly, no doubt—to the speech of the right hon. Gentleman opposite. Does he think there ought to be two systems—one for the soldier and the other for the civilian?
We have offered one.
That may be so, but the fact remains they have not got it. I am not describing the right hon. Gentleman's offer. I am trying to describe the position as it is. It must be remembered that there have been many people censored by the two recent Commissions, the Dardanelles and the present. I believe there is great unrest in the country in regard to the Reports of both of those Commissions. I say, as one who has supported to the best of his humble ability the right hon. Gentleman and the present Government, that I believe their position is gravely imperilled and weakening in the country by their decision with regard to the Mesopotamia Commission. It is not those who only say that "all is well" who are really the best friends of the Government. Many people have been blamed in both the Dardanelles and Mesopotamia Reports. Cabinet Ministers are involved in both cases. I say seriously that the country will find it difficult at present to ascertain, in view of recent Government appointments, whether the Government think that censure or blame attached by the Commissions is a reason for the removal of a Minister or for his appointment to office.
The right hon. Gentleman the Secretary for Foreign Affairs has repeated to-night what he said on Thursday, that however much an official may have made mistakes in one Department if only he is transferred to another it does not matter in the least. I lodge the strongest protest against that theory. That has been responsible for a large amount of the difficulty which we have had to encounter in the control of the War. What was the object of the appointment of these Commissions? What does a business man do? If he has a manager who makes a mistake he is bound to dismiss that manager and make a fresh appointment. That is the only principle upon which he can act—the only common-sense principle! The man who has made mistakes will probably make them again; therefore he must not be allowed to receive office again. That is the least we can expect to see. We have had one of the greatest, if not the greatest, military disasters that this country has ever endured. We have had some of the greatest tragedies in regard to individuals in that disaster, and the least we can expect is that the men who in any sense have been responsible, should be made to feel that responsibility. I suppose the Foreign Secretary does admit that someone was responsible? Those who are in any degree responsible should not be trusted with any further power or authority during the continuance of the War. I must protest most strongly against the course which has been pursued by members of the Government on both occasions on which Reports have been made by Commissions. In the case of this Commission we have had the same course pursued as in the case of the Dardanelles Commission. No sooner do the Commissioners report than they are put on their trial. This House appointed these Commissioners. After they have met and expended a vast amount of time, and performed a most disagreeable and onerous duty, and made their Report to the best of their knowledge and belief, they are here treated with contumely. They are actually accused, in the language of the Foreign Secretary, of being criminal. Instead of the men concerned being dealt with, the Commission itself is put upon its trial. It seems to me that we are in this position because we have on both Front Benches Members who are implicated themselves. The House of Commons, therefore, is unable to find in the Government the Executive which will rightly handle the Report of the Commission which has been appointed by itself, and for which it is itself responsible. That Commission, so long as it has discharged its duty honourably and faithfully and to the best of its knowledge and ability, is entitled to receive the support of the Government of the day and have its Report treated seriously, and, unless it can be shown to be in any particular inaccurate or carelessly founded, that Report should be treated with the respect which any Commission appointed by this House is entitled to receive.
Question put, "That this House do now adjourn."
The House divided: Ayes, 81; Noes, 176.
Division No. 73.] AYES [10.41 p.m. Arnold, Sidney Hackett, John Molteno, Percy Alport Banbury, Rt. Hon. Sir F. G. Hancock, John George Morrell, Philip Bellairs, Commander C. W. Harris, Percy A. (Leicester, S.) Nolan, Joseph Bentham, George Jackson Hinds, John O'Connor, John (Kildare, N.) Bliss, Joseph Hobhouse, Rt. Hon. Sir Charles E. H. Price, C. E. (Edinburgh, Central) Boland, John Pius Hogge, James Myles Pringle, William M. R. Bowerman, Rt. Hon. C. W. Holt, Richard Durning Richardson, Thomas (Whitehaven) Bryce, J. Annan Home, Edgar Rowlands, James Clough, William Houston, Robert Paterson Rowntree, Arnold Collins, G. P. (Greenock) Hunt, Major Rowland Scenlan, Thomas Collins, Sir W. (Derby) Jowett, Frederick William Sherwell, Arthur James Crumley, Patrick Joyce, Michael Snowden, Philip Dalziel, Rt. Hon. Sir J. H. (Kirkcaldy) Joynson-Hicks, William Sutton, John E. Davies, David (Montgomery Co.) Keating, Matthew Thomas, Rt. Hon. James Henry Davies, Ellis William (Eifion) Kilbride, Denis Tootill, Robert Davies, Timothy (Lines., Louth) Lambert, Rt. Hon. G. (Devon, S. Molton) Watt, Henry A. Devlin, Joseh Lambert, Richard (Wilts, Cricklade) White, J. Dundas (Glasgow Tradeston) Dickinson, Rt. Hon. Willoughby H. Lough, Rt. Hon. Thomas White, Patrick (Meath, North) Doris, William Lundon, Thomas Whitehouse, John Howard Dougherty, Rt. Hon. Sir J. B. McGhee, Richard Wiles, Rt. Hon. Thomas Edge, Captain William M'Kean, John Wilson, Rt. Hon. J. W. (Worcs., N.) Esmonde, Sir Thomas (Wexford, N.) McMicking, Major Gilbert Wilson, W. T. (Westhoughton) Field, William MacNeill, J. G. Swift (Donegal, South) Wing, Thomas Edward Fitzpatrick, John Lalor Marks, Sir George Croydon Yate, Colonel C. E. Flavin, Michael Joseph Martin, Joseph Yeo, Alfred William Fleming, Sir John Meagher, Michael Gelder, Sir W. A. Millar, James Duncan TELLERS FOR THE AYES—Mr. Dillon and Mr. Anderson. Gilbert, J. D Molloy, Michael
NOES. Acland, Rt. Hon. Francis Dyke Baldwin, Stanley Barran, Sir John N. (Hawick Burghs) Agg-Gardner, Sir James Tynte Balfour, Rt. Hon. A. J. (City, Lond.) Bathurst, Col. Hon. A. B. (Glouc, E.) Agnew, Sir George William Barlow, Montague (Salford, South) Beach, William F. H. Allen, Arthur A. (Dumbartonshire) Barnes, Rt. Hon. George N. Beck, Arthur Cecil Baird, John Lawrence Barnett, Capt. R. W. Benn, Arthur Shirley (Plymouth Benn, Com. Ian Hamilton Haddock, George Bahr Prothero, Rt. Hon. Rowland Edmund Bennett-Goldney, Francis Hambro, Angus Valdemar Pryce-Jones, Colonel E. Bigland, Alfred Hanson, Charles Augustin Quilter, Sir Cuthbert Birrell, Rt. Hon. Augustine Harmsworth, Cecil B. (Luton, Beds.) Randles, Sir John S. Black, Sir Arthur W. Harris, Rt. Hon. F. L. (Worcester, E.) Rawson, Colonel Richard H. Blair, Reginald Haslam, Lewis Rea, Walter Russell (Scarborough) Blake, Sir Francis Douglas Helme, Sir Norval Watson Rees, G. C. (Carnarvonshire, Arfon) Boles, Lieut.-Colonel Dennis Fortesque Hemmerde, Edward George Rees, Sir J. D. (Nottingham, E.) Boscawen, Sir Arthur S. T. Griffith- Hickman, Colonel T. E. Rendall, Athelstan Boyle, William (Norfolk, Mid) Hohler, Gerald Fitzroy Richardson, Albion (Peckham) Boyton, James Howard, Hon. Geoffrey Roberts, Charles H. (Lincoln) Brace, Rt. Hon. William Hughes, Spencer Leigh Roberts Sir J. H. (Denbighs) Brassey, H. Leonard Campbell Illingworth, Rt. Hon. Albert H. Roberts, Sir S. (Sheffield, Ecclesall) Bridgeman, William Clive Ingleby, Holcombe Robertson, Rt. Hon. John M. Broughton, Urban Hanion Jardine, Ernest (Somerset, East) Robinson, Sidney Bull, Sir William James Jessel, Col. Sir Herbert M. Rutherford, Sir John (Lancs., Darwen) Burn, Colonel C. R. Jones, Edgar (Merthyr Tydvil) Rutherford, Watson (W. Derby) Butcher, John George Jones, J. Towyn (Carmarthen, East) Samuel, Rt. Hon. Sir Harry (Norwood) Carnegie, Lieut.-Col. D. G. Jones, William S. Glyn-(Stepney) Samuel, Rt. Hon. H. L. (Cleveland) Carson, Rt. Hon. Sir Edward H. Knight, Captain Eric Ayshford Samuel, Samuel (Wandsworth) Cator, John Larmor, Sir J. Sanders, Col. Robert Arthur Cautley, Henry Strother Law, Rt. Hon. A. Bonar (Bootle) Scott, A. MacCallum (Glas., Bridgeton) Cave, Rt. Hon. Sir George Layland-Barratt, Sir F. Scott, Sir S. (Marylebone, W.) Cawley, Rt. Hon. Sir Frederick Lewis, Rt. Hon. John Herbert Shortt, Edward Cecil, Lord Hugh (Oxford University) Lloyd, George Butler (Shrewsbury) Smith, Rt. Hon. Sir F. E. (Walton) Cecil, Rt. Hon. Lord Robert (Herts, Hitchin) Locker-Lampson, G. (Salisbury) Smith, Harold (Warrington) Clive, Captain Percy Archer Lowe, Sir F. W. (Birm., Edgbaston) Smith, Sir Swire (Keighley, Yorks) Coates, Major Sir Edward Feetham MacCaw, William J. MacGeagh Stanier, Captain Sir Beville Coats, Sir Stuart A. (Wimbledon) Macmaster, Donald Stanley, Rt. Hon. Sir A. H. (Asht'n-u-Lyne) Collins, Sir Stephen (Lambeth) M'Neill, Ronald (Kent, St. Augustine's) Starkey, John Ralph Compton-Rickett, Rt. Hon. Sir J. Malcolm, Ian Stewart, Gorshom Coote, William Mallalieu, Frederick William Strauss, Arthur (Paddington, North) Cornwall, Sir Edwin A. Marriott, J. A. R. Strauss, Edward A. (Southwark, West) Craig, Ernest (Cheshire, Crewe) Mason, David M. (Coventry) Swift, Rigby Craig, Col. James (Down, E.) Meux, Hon. Sir Hedworth Sykes, Sir Mark (Hull, Central) Craig, Norman (Kent, Thanet) Middlebrook, Sir William Talbot, Lord Edmund Dalrymple, Hon. H. H. Middlemore, John Throgmorton Thomas, Sir A. G. (Mon. S.) Davies, Sir W. Howell (Bristol, S.) Money, Sir L. G. Chiozza Thomson, W. Mitchell-(Down, North) Denman, Hon. Richard Douglas Morison, Thomas B. (Inverness) Toulmin, Sir George Denniss, E. R. B. Morton, Alpheus Cleophas Walker, Colonel William Hall Dixon, C. H. Munro, Rt. Hon. Robert Walsh, Stephen (Lancs., Ince) Duke, Rt. Hon. Henry Edward Neville, Reginald J. N. Walters, Sir John Tudor Duncan, Sir J. Hastings (Yorks, Otley) Newman, John R. P. Weston, J. W. Fell, Arthur Orde-Fowlett, Hon. W. G. A. Williams, Aneurin (Durham, N.W.) Ferens, Rt. Hon. Thomas Robinson Paget, Almeric Hugh Williams, Col. Sir Robert (Dorset, W.) Fisher, Rt. Hon. H. A. L. (Hallam) Parker, James (Halifax) Wilson-Fox, Henry Fisher, Rt. Hon. W. Hayes (Fulham) Parkes, Sir Edward E. Winfrey, Sir Richard Flannery, Sir J. Fortescue Pearce, Sir Robert (Staffs, Leek) Wolmer, Viscount Fletcher John Samuel Pearce, Sir William (Limehouse) Wood, Hon. E. F. L. (Yorks, Ripon) France, Gerald Ashburner Pease, Rt. Hon. Herbert Pike (Darlingt'n) Worthington Evans, Major Sir L. Gardner, Ernest Peel, Lieut.-Colonel R. F. Younger, Sir George Gastreil, Lieut.-Col. Sir W. Houghton Philipps, Captain Sir Owen (Chester) Gibbs, Col. George Abraham Pollock, Ernest Murray TELLERS FOR THE NOES.—Captain Greig, Colonel James William Pratt, J. W. F. Guest and Mr. J. Hope. Gulland, Rt. Hon. John William Price, Sir Robert J. (Norfolk, E.)
Corn Production Bill
Considered in Committee.
[Mr. WHITLEY in the Chair.]
CLAUSE 4.—(Minimum Rate for Agricultural Wages.)
(4) The provisions of this Section as to payment of wages at a minimum rate shall operate as respects able-bodied men as from the commencement of this Act (although a minimum rate of wages may not have been fixed), so as to enable any sum which would have been payable under this Section to an able-bodied man on account of wages if a minimum rate for able-bodied men had been fixed to be recovered by the workman from his employer at any time after the rate is fixed.
Postponed proceeding resumed on Amendment, to leave out Sub-section (4). — [ Sir B. Stanier. ]
Question again proposed, "That the words proposed to be left out, to the word 'as' ['as respects able-bodied men'], stand part of the Clause."
I hope the Government may see their way to accept this Amendment, because the difficulty of bringing this Act into operation is going to be enormously increased if this Sub-section remains in the Bill. It is going to put the farmer in a position of cruel uncertainty in regard to his labour. The argument that it will take a long time to set up the Wages Board has been used, but the longer the time the worse for the Sub-section, because it is going to leave hanging over the farmer a liability which it is quite impossible for him to estimate in any way. It is going to make the introduction of this Act as difficult and as hazardous as possible to the farmer. He is going to be in a position in which he will not be able in any way to estimate how the Wages Board are going to act. When you are introducing a new principle of this kind, at a time like this, it is not fair to put these additional burdens upon farmers. It is all that they can do to, overtake the work, short-handed as they are and contending with the greatest difficulties in transport, want of proper fertilisers, and various other matters. Many farmers have said to me, "We wish we could shut down at once and get out of it until the War is over, so great are the difficulties and worries. [HON. MEMBERS: "Oh!"] It is all very well for hon. Members who have no knowledge of farming, but I have some knowledge of it, and, therefore, know what it is. I know also, from what my neighbours tell me, and many of them have said that they would rather get out of it altogether, if there were any possibility of doing so, because of the tremendous worries and difficulties. I do, therefore, most earnestly urge the President of the Board to bear that in mind-he knows it quite well—and not to yield to any other pressure than that of his duty to the farmers.
I am not at all sure that I quite understand the position of this Sub-section in this Clause. Perhaps the Government could tell us if this view of it is correct? This is a penal Clause, inserted for the purpose of punishing farmers who do not carry out the decisions of the Wages Board. Subsection (4), however, says that if the person regarding whom a decision has been given happens to be an able-bodied man, then the decision will date as though it had been given at the time of the passing of this Bill. Its provisions are penal provisions. Does it mean that in order to enable that man to be paid back payments fines are to be imposed upon the farmer who has not paid the back payments? 'That is my difficulty. Surely that is involved in that wording of the Sub-section, which says
"The provisions of this Section as to payment of wages … shall operate"
as if the wages had been fixed at the passing of the Bill. One of the provisions of the Clause is the payment of wages, and if the wages are not paid, a fine not exceeding £20 may be imposed on the farmer. Surely this Sub-section ought to-be attached to Clause 5, rather than to. Clause 4. I have tried to get at the meaning of the Clause. If I am wrong, I am very sorry. It is essential, in the interests both of the workmen and the farmer, that no mistake should occur without the whole matter being made perfectly clear.
I am sorry to differ from the interpretation of the hon. Gentleman-(Mr. E. Macdonald). The matter seems to be fairly clear, if one reads the words of Sub-section (4). I shall be glad if the Government would tell us if I take the right view. I read it thus:
That means that if a farmer,, from the date of the passing of the Bill does not pay the equivalent to 25s.—I am reading into it the Amendment, which the right hon. Gentleman intends to accept later on.— then the able-bodied labourer shall be able to recover the sum of 25s. or its-equivalent as if the Wages Board had fixed that minimum. I do not read it, as-the hon. Member does, to carry the penal provisions with it, but only so as to enable the sum which was not paid to be recovered as if it had been set up by the Wages Board. As to the principle that farmers can reasonably be required to begin paying the equivalent of 25s. to an able-bodied man from the passing of the Bill, I can only say two things, first, that if you apply the rise in the cost of living which has taken place from the summer of 1914 to the rate of 25s., you arrive at a pre-war rate certainly below 14s. 9d. That is not a rate which it. is at all hard to expect farmers to pay at the present time, considering the general level of farming profits. Secondly, as a matter of fact—I ought to know something about what farmers have been thinking' and doing—I know that farmers have been realising that this Sub-section was to come-into effect and have already been settling among themselves in their farmers' unions what deductions they would think it fair to make from the wages on account of the rent of cottage, and so on. I have in my hand a resolution of the North Devon Farmers' Union, passed so far back as last March, in which they say that they will, as soon as they have to pay the minimum rate, begin to deduct from it the amount of 2s. 6d. weekly for the cottage and to charge 1s. 6d. a yard for potato ground, and so on.
A yard?
That is quite correct. It has a technical meaning. It is not a square yard. If that is so it will be found that farmers are quite able to realise what this Sub-section will mean, and I believe also they are at present perfectly able to pay the rate of wages which is suggested in this Sub-section.
I want to ask the right hon. Gentleman whether it applies only to the minimum of 25s.?
I wish to ask your ruling, Sir, as to how we stand in regard to the subsequent Amendments. If a decision is reached on this Motion to leave out the Sub-section, will you feel called upon to rule out further discussion with regard to able-bodied men, because upon that I sought to raise a question, and also on the matter of cash a little earlier on, and you said, as I understood, that nothing could be done until Clause 5.
Nothing done in this Sub-section would bar out anything on Clause 5. The fact is that this Subsection deals with the very limited matter of the gap between the passing of the Act and certain decisions. If certain Amendments are adopted in Clause 5 it may mean that on the Eeport stage this will have to be amended. Take, for instance, the question of the 25s. I do not think this is a desirable point at which to raise that issue, but it will of course follow that if Clause 5 is amended in that respect a consequential Amendment will have to be made later on to this paragraph as it stands in the Bill.
You have not quite answered my question. Supposing we leave out the Sub-section now in its entirety, as is here proposed, would you then disallow the moving of the subsequent ones which are on the Paper dealing with the question of the able-bodied, because if you feel that that is your duty, we shall have reason to complain that the compilation of the Amendments suggested has been, by someone or other, put in an improper order?
The hon. Member has not followed closely what I said; if he had, he would have noticed that I put the Question in a way which would preserve subsequent Amendments, in case the decision of the Committee was in the affirmative.
May I ask the Attorney-General a question? The Clause as it stands, in conjunction with the Amendment of the President of the Board of Agriculture, provides that 25s. shall be paid to an able-bodied man for an ordinary week's work. I think that is right. The two questions I want to ask are these: first, the definition of what is an able-bodied man is very vague, and I do not know how a farmer can know what an able-bodied man is; and the second question is, what is an ordinary day's work? In my part of the country the men on a dairy farm begin at five o'clock, but on an ordinary mixed farm at seven o'clock. These are questions which are certain to arise, and I would like to have some information on these points.
I am much obliged to the right hon. Gentleman. The answer I imagine as to what is an ordinary day's work is in the experience of the Committee generally. It is quite true that in some parts of the country workmen begin at one hour and in other parts of the country at another hour. The object of leaving these matters to the Wages Boards is that they have local knowledge of the customs and can arrive at a decision which is based on that knowledge. It is the only convenient course, and no other would work as smoothly as leaving it to the Wages Boards. The other question relates to the definition of an able-bodied workman. My right hon. Friend has read the definition as I have read it. I do not know whether he can suggest a better one.
Age.
That would be very vague. My hon. Friend may be a much abler-bodied workman than I. We could not leave it at age. You must have a definition which on the whole corresponds with the standard which would be applied in practice by a practical agriculturist. On the merits of the Amendment now under discussion the Government has been criticised in two different quarters. They have been criticised, in the first place, by those who would altogether strike out the retrospective quality of the Amendment. On the other hand, the Amendment has been criticised, and with greater logic, by the hon. Member speaking for the Labour Benches (Mr. Wardle) on the ground that it is not reasonable to confine the retrospective operation of this payment merely to the case of the able-bodied man, who receives the flat rate of 25s. per week. He said that on principle it is right that the 25s., where it is the ascertained minimum wage, should be paid to those who are entitled to it, but that the principle in industrial life was that the minimum wage, when ascertained, should be paid to persons who do not fall within the definition of able-bodied workmen. As I have said, the observations are logical, but the objection to them is—what will happen? The Wages Boards are not in operation, but it is believed by the Government that the time consumed in setting them up will not be excessive—but it must take some time. If my hon. Friend could estimate the time it would take to ascertain, in all the infinite details, the amounts that will have to be determined by Wages Boards all over the country, and if he saw the different calculations, I am quite sure he would assent to the view that it was thoroughly impracticable to say that these payments should be made retrospective, or that the Department should be burdened with that work just now.
The other question is the criticism of the hon. Member for Dumfriesshire, that there ought to be no retrospective payment at all. Here again, I think, the Government have decided to take the right course. The House will remember that a statement was made by the Prime Minister to the effect that the guarantee of a minimum wage was to be given during the period in which there would be a guarantee of price. It is not possible, and I tell the Committee quite candidly, for the reasons I have given, to carry out that pledge verbally, because the difficulties in the case of the large numbers of women, children, and old and invalid men are so great, but we must try to carry out that part of it which we can.
Why cannot it be carried out?
It cannot be carried out because there is a great deal of difficulty about it.
They are part of the labourers, and there is just as much difficulty in determining their wages.
The hon. Gentleman says so, but I dissent from that, and so do the officers of the Board of Agriculture, and common sense urges one to the same conclusion.
Does it?
I am not so fortunate as to carry the hon. Gentleman with me, but I must proceed in my argument, conscious as I am that I have failed in that respect, although I am not depressed about it. It is quite true that to accept the Amendment which the hon. Member has moved would have the effect of putting the Wages Board in a most difficult position at the commencement, and I most earnestly ask the Committee to remember that in this experiment which is being made the Wages Board, in any event, is going to occupy a most difficult position. No one would exaggerate the complexity of the duties which is being put on them, and I do not think anyone would doubt that it would increase the pressure on the Board to hurry decisions on complicated and important questions. Nothing in the public interest could be more important than that the Wages Board should address themselves with deliberation and coolness to the many difficult questions before them. I regret that the Government is not able to accept the Amendment.
I do not think the right hon. Gentleman has met the point made by the hon. Member for Dumfriesshire, nor that which I attempted to make some time before the Debate on the Adjournment. The point is very briefly this. Granted that there is a greater difficulty in taking retrospective action in regard to women and children who are not able-bodied, is he not aware that there is a very real difficulty in deciding who are able-bodied people? The farmer may go on paying with perfect good faith 20s., 22s., or 23s. a week to men whom he does not consider completely able-bodied men. The Wages Board may not make its decision for, perhaps, a year or so. The man all the time will be content with the wages he is receiving, and yet when the decision is made as to who is or is not an able-bodied man, he may find himself classed as an able-bodied man, and the farmer who has been paying these wages in good faith will have to pay these extra amounts as back pay.
The farmer is getting extra profits.
I do not know what profits the right hon. Gentleman means.
Certainly!
No profits under this Bill.
Certainly!
The arguments of the supporters of this Bill is that the price of corn will never reach the guarantee. The guarantee is only an insurance. At any rate that does not deal with1 the real injustice. I believe in getting all we can for the labourer. I agree that he should get as high wages as possible, but you are not entitled to make the thing retrospective unless it is quite certain to whom it applies. When this Bill was introduced I invited all the farmers in our parish to come to a meeting; we had a meeting of ten or twelve farmers, farming several thousand acres, and we went through all the labourers in the parish to see who was able-bodied and who was not. There was the greatest difficulty in deciding who would be able-bodied and who would not be able-bodied. At the present time you have to employ what labour you can. There was one man who was slightly lame, another man who had been paralysed and was no good for horses. There was another man who had lately been in an asylum, and although he was fit to do odd jobs about the farm, and was perfectly able-bodied, he was not so efficient as another man would be, and, therefore, not worth 25s. a week in the opinion of the farmer who employed him. The farmers asked how they would know whether they were giving these men right wages. That is the difficulty that will arise, and now the Committee in its anxiety to get this thing working is very likely going to fine these farmers, and so far as I know, they will be liable to a penalty of £20.
Certainly not. Neither are they fined.
They will be fined in this sense, they will have to pay the men back wages.
The hon. Gentleman says he is very anxious that the agricultural labourers should be paid as much as they are entitled to. I confess that I detect no evidence of that anxiety in his speech. He talks about fines on farmers. The hypothesis is that the farmer on facts subsequently ascertained is to pay exactly what he would have paid if the facts had been ascertained earlier. If the hon. Gentleman wishes to assist the agricultural labourer he is giving no extreme evidence of that.
I am quite indifferent to the taunts of the right hon. Gentleman. In the first place, he told us he knew nothing whatever about agriculture, and it is evident he has no experience of it.
I understand the Bill.
It would be better for the progress of the Bill if the right hon. Gentleman took a less part and allowed the President of the Board of Agriculture to have a little more. My point is this, that the farmer is bound to see whether the man is worth his money or not. If he thinks that such and such a man who is. lame or deaf is not worth the wages which he might have been paid, namely, 25s. a week, he would be perfectly entitled not to employ him any more. The farmer may employ him all this time, and yet he is not able-bodied, and the farmer may in the end discover that he will be fined. That seems to me to be a great hardship on a body of men who have done nothing to deserve to be treated in this way. The farmers themselves have not asked for this Bill. Most of them do-not want it. If you are going to interfere with them you should at least see that the Bill is made moderate and common sense in its provisions. Do not fine a man a year hence in respect of a thing in which it was not made plain how he was going to be treated. As the Clause stands it is most unfair and most unjust, and I hope that the Committee will leave it out.
May I explain what I meant when I said that this matter was not quite so simple as the right hon. Gentleman seemed to think? He did not realise that this has got to apply to every single case. You cannot say "we will take all the able-bodied men to-day, and. all the less able-bodied men to-morrow," and so on. You have got to apply the rule to every individual labourer. Farmers employ labourers of all kinds of efficiency, from able-bodied downwards to very inefficient indeed. You cannot tell exactly what class they are going to be put in under this Bill. Therefore, it is not fair to the farmer to keep him in this state of uncertainty before a decision is come to. Let him know what he has to do, and he will then be prepared to do what he is told. Until then he ought not to be bound by a retrospective Clause of this kind. You are introducing very difficult legislation, and some consideration should be shown for the position of the farmer in these matters.
I do not think that the Amendment should be accepted by the Government, because there is in the Subsection a certain amount of wisdom, namely, that those who are classified as able-bodied men should get arrears of wages for that classification. It stands to reason that the Wages Boards will take a considerable time to make out who in the district are able-bodied men and who are not; and having declared that So-and-so are able-bodied men surely it is reasonable that these men should get the minimum wage from the time that the Act was passed. But I think that the Subsection has a point in this respect. Why should only the able-bodied be given arrears of wages? Why should not the other classes when classified in the same way be given arrears of wages from the passing of the Bill? Suppose a man is paid 13s. a week because he is not able-bodied, and the Wages Board after consideration come to the conclusion that he is worth 16s., why should not he get arrears of wages from the passing of this Bill? And so on with the various classifications. The Subsection should be extended so that arrears of wages will be paid to every class, when they are classified, from the passing of the Bill, according to the amount to which they are entitled.
There is one point which I think my hon. Friends below me, who are interested in agriculture, have overlooked. This Sub-section does not go any further than to secure to the labourer any arrears of wages that may be due after the passing of the Act. The Bill says that if the farmers has to sell his corn at a less price than the guaranteed price he comes under the benefit of the Act. But surely the farmer does not start to put himself in the position of being able to get something from the Government after the passing of the Act. Why, the agricultural labourer has done that months ago. So far back as last March, not to go further back than that, he has helped the farmer in his work to get the benefit of this Act on the first corn at the guaranteed price. If the farmer is to benefit, why not the labourer who has helped him since March last? I am rather surprised at my Radical agricultural Friends and at the wise Scottish Member who would so limit the operation of this Bill that the labourer would only get the benefit of this Bill when it becomes an Act of Parliament. I do not suppose that this measure will be on the Statute Book until September, which will be the earliest period at which the agricultural labourer can make application in respect of back wages. But the farmer will begin to make money in September, and if that is fair in relation to the farmer why not to the labourer? When the farmer began in March, the labourer commenced to help him, but there is no provision in this Bill to enable the agricultural labourer to get anything at all until after the passing of the Act, although for six months previous to that he had been enabling the farmer to make something out of the Act. If this Bill is to be amended at all, I think it ought to be amended in favour of the labourer.
I think there should be fair treatment all round. It is rather curious, on referring to the Irish Clauses, to find that the retrospective effect of the minimum wages provision does not apply at all.
That is not our fault. Every Member of the House knows that the Government have already told us that they intend to put down a number of Amendments to deal with these matters. We also had prepared a number of Amendments, but out of deference to the Government we have not put them down until we see what the Government propose. One would imagine from what the right hon. Gentleman says that it is we who have proposed this Bill.
I understand from the hon. Member that it is to be one of the first Amendments.
Not one of the first.
Then the position of the hon. Member is a difficult one. First of all, Irish Members do not put down their Amendments, because the Government had not put theirs down.
They promised to put them down.
It does not seem fair all round as the Bill is drafted. I rose before, but was interrupted by the representative of the Government who said an Amendment would be put on the Paper later. I have had time to study the Amendment to come on later, and I think we will get rather into a difficulty in endeavouring to read that Amendment into the Sub-section. For myself I am in favour of the labourer knowing at once what is the wage he should receive, and having it established as soon as possible. If retrospective, and limited to what it is now, I do not so much object to it. I would like to appeal to you, Sir, how are we able now to discuss this question on the additional proviso sent in by the Government. That proviso undoubtedly does raise about six questions which are also raised by direct Amendments to Sub-section (6) of Clause 5. Are we to take the discussion on those points now or are we to discuss them at the end of the next Clause? That seems an unfortunate way of dealing with it. It does make it rather difficult if, so to speak, the cart is put before the horse, and if we are to discuss questions as to what is an. equivalent to wages, what is an ordinary day's work, upon this proviso. Then, of course, our discussion will have a good deal wider range than would obtain on this Clause.
I suggest, if it is agreeable, that the discussion on the proviso referred to should be taken without prejudice to the Amendments which are to be proposed to Clause 5, dealing with these particular points in a much broader aspect. It would be, I think, most undesirable to take those discussions now in the very limited aspect that they would bear here.
Question put, "That the words proposed to be left out, to the word 'as' ["as respects able-bodied men"] stand part of the Clause."
The Committee divided: Ayes, 157; Noes, 3.
Division No. 74.] AYES. [11.33 p.m. Acland, Rt. Hon. Francis Dyke Craig, Colonel James (Down, E.) Kerr-Smiley, Peter Kerr Adamson, William Crumley, Patrick Kilbride, Denis Agg-Gardner, Sir James Tynte Currie, George W. Knight, Captain Eric Ayshford Anderson, W. C. Dairymple, Hon. H. H. Lambert, Richard (Wilts, Cricklade) Baird, John Lawrence Davies, David (Montgomery Co.) Larmor, Sir J. Baldwin, Stanley Davies, Sir W. Howell (Bristol, S.) Law, Rt. Hon. A. Bonar (Bootle) Barlow, Montague (Salford, South) Denman, Hon. Richard Douglas Lewis, Rt. Hon. John Herbert Barnett, Captain R. W. Devlin, Joseph Lloyd, George Butler (Shrewsbury) Same, H. T. Dixon, Charles Harvey Loyd, Archie Kirkman Bathurst, Col. Hon. A. B. (Glouc, E.) Doris, William Mackinder, Halford J. Beach, William F. H. Duke, Rt. Hon. Henry Edward Macmaster, Donald Beck, Arthur Cecil Esmonds, Sir Thomas (Wexford, N.) McMicking, Major Gilbert Bellairs, Commander C. W. Essex, Sir Richard Walter MacNeill, J. G. Swilt (Donegal, South) Bonn, Com. lan Hamilton Fisher, Rt. Hon. W. Hayes (Fulham) Maden, Sir John Henry Bennett-Goldney, Francis Fitzpatrick, John Lalor Marriott, J. A. R. Bentham, George Jackson Flavin, Michael Joseph Marshall, Arthur Harold: Bigland, Alfred Fletcher, John Samuel Millar, James Duncan Black, Sir Arthur W. Gibbs, Colonel George Abraham Morison, Thomas B. (Inverness) Slake. Sir Francis Douglas Greig, Colonel J. W. Munro, Rt. Hon. Robert Bliss, Joseph Gretton, John Newman, John R. P. Boland, John Plus Gulland, Rt. Hon. John William Nolan, Joseph Boles, Lieut.-Colonel Dennis Fortescue Hackett, John O'Connor, John (Kildare, N.) Bower man, Rt. Hon. C. W. Hamilton, C. G. C. (Ches., Altrincham) O'Leary, Daniel Boyle, William (Norfolk, Mid) Hanson, Charles Augustin Paget, Almeric Hugh Boyton, James Hardy, Rt. Hon. Laurence Parker, James (Halifax) Brace, Rt. Hon. William Harris, Percy A. (Leicester, S.) Pease, Rt. Hon. Herbert Pike (Darlington) Bridgeman, William Clive Haslam, Lewis Peel. Lieut.-Colonel R. F. Broughton, Urban Hanlon Helme, Sir Norval Watson Pennefather, De Fonblanque Bryce, John Annan Hemmerde, Edward George Perkins, Walter Frank Butcher, John George Hickman, Colonel Thomas E. Peto, Basil Edward Carnegie, Lt.-Col. D. G. Hodge, Rt. Hon. John Philipps, Captain Sir Owen (Chester) Cater, John Hope, Lt.-Col. J. A. (Edin., Midlothian) Pollock, Ernest Murray Cecil, Rt. Hon. Evelyn (Aston Manor) Home, Edgar Pratt, J. W. Clive, Captain Percy Archer Howard, Hon. Geoffrey Prothero. Rt. Hon. Rowland Edmund Clough, William Ingleby, Holcombe Pryce-Jones, Colonel E. Coatss, Major Sir Edward Feetham Jessel, Col. Sir Herbert M. Quilter, Sir Cuthbert Coats, Sir Stuart A. (Wimbledon) Jones, J. Towyn, (Carmarthen, East) Randies, Sir John S. Collins, Sir Stephen (Lambeth) Jones, W. Kennedy (Hornsey) Rawlinson, John Frederick Peel Coote, William Jones, William S. Glyn-(Stepney) Rea, Walter Russell (Scarborough) Cornwall, Sir Edwin A. Keating, Matthew Roberts, Charles H. (Lincoln) Roberts, George H. (Norwich) Smith, Harold (Warrington) Weston, J. W. Roberts, Sir J. H. (Denbighs) Spear, Sir John Ward White, J. Dundas (Glasgow, Tradeston) Robinson, Sidney Starkey, John Ralph White, Patrick (Heath, North) Roch, Walter F. Strauss, Edward A. (Southwark, West) Williams, Aneurin (Durham) Rowntree, Arnold Sutton, John E. Williams, Col. Sir Robert (Dorset, W.) Runciman, Rt. Hon. Walter (Dewsbury) Talbet, Lord Edmund Wills, Sir Gilbert Rutherford, Sir John (Darwen) Thomson, W. Mitchell-(Down, North) Wilson, W. T. (Westhoughton) Samuel, Samuel (Wandswerth) Tootill, Robert Winfrey, Sir Richard Sanders, Col. Robert Arthur Toulmin. Sir George Yate, Colonel C. E. Scanlan, Thomas Walker, Colonel William Hall Younger, Sir George Scott, Leslie (Liverpool, Exchange) Walters, Sir John Tudor Sherwell, Arthur James Warde, Colonel C. E. (Kent, Mid) TELLERS FOR THE AYES.—Captain Shortt, Edward Watt, Henry A. F. Guest and Mr. J. Hope. Smith, Rt. Hon. Sir F. E. (Walton) NOES. Banbury, Rt. Han. Sir Frederick G. Morrell, Philip TELLERS FOR THE HOES.—Captain Hogge, James Myles Sir B. Stanier and Mr. Molteno.
I beg to move, in Subsection (4), to leave out the words "as respects able-bodied men."
I dare say we shall have a discussion later on as to who is an able-bodied man, and how are you going to tell who is an able-bodied man? But I hope we are not going to raise that particular question on this Amendment, because it is not intended to raise that point, but it is intended to widen the provisions with respect to retrospective benefits, and what we argue is that if it is right that able-bodied men should receive the minimum rate at the commencement of the Act, equally the able-bodied woman, for example, should receive the benefit from the commencement of the Act. If the Government cannot go all the way in regard to bringing in the boys and girls, at least they ought to be able to bring men and women within the scope of this provision, and I think there would be very little difficulty about that, because whilst they have fixed this wage of 25s. a week for men, it is also true that women who are now being sent down to land work are being granted a minimum rate of wages at the present time, and I think it is just as important that the rate should be guaranteed to the women, and that it should be retrospective as in the case of men. If the Government were even prepared to accept that it would be something. My own view is that we ought to delete the words "as respects able-bodied men" so that all the wages would be retrospective from the beginning, and not apply to able-bodied men only.
I hope the Government will not accept this Amendment; but I rise for the purpose of asking the Government whether they would be inclined to stop the discussion to-night after they get Clause 4?
Clause 4.
Notwithstanding the eloquent appeal of the right hon. Baronet, I do hope the Government will accept the Amendment. I would like to ask the right hon. Baronet to try to realise what. "able-bodied" means. As a practical farmer I would put it to him that a man may be able-bodied so far as threshing is concerned, but he may not be an able-bodied man to take his part in the hay or the corn harvesting. He may be bad on his feet. Some men are bad in their heads but that is by the way. This Amendment ought to be accepted by the Government, and I say that because we find that the medical boards and the military authorities decide that men are able-bodied whom the ordinary individual would not consider to be able-bodied. I have never tried to impose my views and my experience in connection with farming upon the House, though some people perhaps with less reason do, but speaking as one who does know something about it, I say that there are men who can claim to be able-bodied and who can do a full day's work, but who would not be considered by the medical board to be able-bodied. There is a difference between earning wages and getting wages, but they can earn their daily wage, and I have no hesitation in saying that the President of the Board of Agriculture can safely accept the Amendment. Who is going to decide who is able-bodied in connection with agriculture? Is the President of the Board of Agriculture? He and I might agree or we might disagree, but there are a very large number of members who would not be able to decide who was an able-bodied man so far as agriculture was concerned. I hope that the right hon. Gentleman will accept the Amendment, not only in the interests of getting the Bill passed, but also in the interests of those who are engaged in agriculture. I can see that unless he does accept the Amendment we shall have industrial trouble in connection with agriculture; but though I do not agree with the Bill I believe if he does accept the Amendment it will smooth over the difficulties that may arise in the administration of its provisions. I therefore urge upon him the advisability of accepting the Amendment.
I understand that in the view of the Government it is too intricate to make this back calculation, but unless it is made there will be very considerable grievance and dissatisfaction, because you will be giving back pay to the able-bodied in one village and on one farm and not to those in the same village and on the same farm who are suffering from some slight infirmity, or to the women and boys. I could understand giving back pay to all or not giving it at all, but I cannot see the logic of making the back pay depend upon the physical condition of the workman. The thing is perfectly absurd. I can see that there are practical difficulties that may mean delay, but it would be far better to have delay, because when you have got the calculation necessary to fix the right rate of those who are not able-bodied, it surely will not be impossible to calculate back for a few months or weeks and ascertain what is their claim. It is far better to face the risk than to take this extraordinarily arbitrary action which will cause great dissatisfaction. You cannot defend the proposal in practice. One man will get back pay and another will not, for no reason in the world except a physical infirmity. What on earth has that got to do with it?
The effect of this Clause, if it is worked out in extreme detail, as suggested, so as to differentiate in individual cases, will be to start the whole working of the machinery of the Wages Board with one long series of disputes. The wise thing is to make the Clause as general as possible, limited on the lines of an Amendment in the name of the hon. Member for Devizes (Mr. Peto), which says:
"Provided that no sum shall be recoverable under this provision if the wages paid have in the opinion of the Court been equivalent to wages for an ordinary day's work at the rate of twenty-five shillings a week."
Some time ago when the Bill was first published I received an extremely urgent appeal from Mr. Leonard, the author of the best book on agricultural wages that I know. He knows the agricultural labourer's point of view, and he has rep-resented and urged the labourer's point of view more than any other man in this country. He said, "For Heaven's sake strike out Sub-section (4) of Clause 4. It will do nothing but create one long series of disputes not amounting to any large sum, and it will mean friction in the working of this system from the very start." I appeal very strongly to the Committee to simplify the Clause and not to-exaggerate its importance. We shall get this Wages Board to work quickly. We have got the 25s. minimum in the Bill. Put it on the basis only, and do not try to elaborate it.
The real question; is not whether a man or a woman is able-bodied, but whether he or she is efficient, and I do not know how we are to ascertain that unless we submit the person to-medical examination.
That would not decide it.
We ought to leave-out the words "able-bodied" and let everybody participate in these benefits.
I agree with the proposal to omit these words. I am convinced that their retention would lead to-bad results. If it is reasonable and right that an able-bodied man should have his pay from the date of the Act coming into-operation, on what logical ground can you withhold it from any other class? The discrimination will create endless disputes.
We want the farmer when he employs his labour to know as nearly as possible the precise rate that he has to pay, because anything that leaves, his liability unknown deters him from employing labour. I am very sorry that I do not see my way to accept the Amendment. I do not claim that the position is logical, but the Wages Board will be set up to lay down as far as they can the various scales of payment for boys, girls, and physically unfit men. All that must take a great deal of time. In some districts it will take a very long time. All that time there is hanging over the farmer an unknown amount. The point would be continually in his mind as to what wages would make him safe in regard to these non-able-bodied people. If the Committee is of opinion that the word "able-bodied" should go out altogether, I would ask whether they are prepared to take the opinion that the retrospective part of the Clause should go out altogether? That seems to me to be the alternative. As I personally attach very great importance to the retrospective part of the Clause as to the able-bodied workers, I should regret that alternative extremely. We must remember that labour is very scarce, that at the present time very high rates of wages are being paid to women and boys, especially boys, and that there is no great danger to them, so far as their wages are concerned, in leaving the matter where it stands. I would warn the Committee that if an unknown liability is placed on the farmer, very likely the labour will be reduced in quantity, fewer people will be employed and it will not be to the benefit of the agricultural industry.
In view of what has just fallen from the right bon. Gentleman, I should like to make a suggestion to the Mover of the Amendment. As I understand it, the distinction is not so much between the able-Dodied men and the rest as between the persons whose minimum wages are fixed by Statute and persons whose wages are to be fixed by the Wages Board. As the Bill now stands the only persons whose wages are to be fixed by Statute are able-bodied men. That is found in Subsection (6) of Clause 5. If we were there to say that other classes, as; for instance, the able-bodied women, whose case he urged, should have their minimum fixed by Statute, the matter would be changed. They would then pass into the category of persons with regard to whom the farmer would have certainty, because their wages were fixed by the Bill instead of being, as they now are, in the class with regard to whom the farmer has uncertainty, because their wages are to be fixed by the Wages Board. That being so, it perhaps would be better, in view of the decision of the Government on this Amendment, to try to put these other classes of persons besides able-bodied men into the category with regard to whom there is a statutory fixing of a minimum wage in Sub-section (6) of Clause 5, and not to press the point here. Clearly if we state that any other class of persons shall have a statutory minimum fixed, the farmer will have certainty about what is going to happen and will be able to begin to pay the wage from the date of the passing of the Bill.
12.0 M.
I cannot agree with what the right hon. Gentleman (Mr. Acland) has said. What we are discussing now is Sub-section (4), and the rate proposed to be fixed in this Bill for the period for which the Bill is to come into operation. It is only a temporary fixture. I am afraid there will be some perturbation among farmers when they find that the Wages Board is to step in at a later date and revise this scale. Really the whole matter we are discussing now is a storm in a teacup. What we have to do is to consider the practical aspect of this case. It is that, except in a very few instances, this Sub-section is an absolute dead letter. So far as I can ascertain, the efficient agricultural labourer has no difficulty whatsoever in any part of the country in obtaining 25s. and upwards either in wages or the equivalent of wages, and the Clause will not come into operation in any district with which I am acquainted, and I know a good many. The question of the able-bodied, if my contention is correct, really does not arise. I entirely agree with the President of the Board of Agriculture that what is desired now is to encourage the farmer to employ all the labour he can possibly obtain. The land is short of labour. It is suffering for want of labour. To discourage the farmer by uncertainty as to the labour he is now employing is to put back the cause of agriculture in this country and to do great harm to the production of the food that is required. To encourage the farmer is the purpose of the Bill, and this Amendment is unnecessary and will have no practical effect except that it will discourage the farmer by causing great uncertainty as to the wages which he will have to pay to women and boys, and others who are helping. The number of unable-bodied is very small indeed. I object to the word "able-bodied." The right word is "efficient." What we want is a standard of efficiency. Whether a man is able-bodied or not does not matter if he can do the work that is required. We are on a false track in talking about able-bodied. Many men who are not able-bodied are very efficient for a certain class of work. I have in mind the case of an admirable horseman and ploughman who was half-witted, but he -could do the work as well as any man in the parish. If he went before a medical board he would not be passed as able-bodied. In thousands of cases of that kind "able-bodied" is a wrong term. It should be reconsidered before we go very much further with the discussion of the Bill.
I should not have intervened but for the remarks of the last speaker. If the question of able-bodied does not arise, why should we have the Bill complicated by having the word in it at all? If any able-bodied person can get 25s. why should we have the Bill complicated by such an expression? The Government would be well advised to discard some of those complications from the workman's point of view. This is one of the complications which I think will cause a very large amount of dissatisfaction. I am sorry the right hon. Gentleman cannot see his way to accept the Amendment which is of great importance. I wish he could see his way to reconsider the point. It would make the Bill more acceptable than it is drafted, and I think he would be well-advised to give the matter reconsideration. I hope that we may get some indication that the right hon. Gentleman is willing yet to reconsider it. If not, I hope that my hon. Friend is going to press his Amendment to a Division, and I shall have the greatest pleasure in supporting him in the Lobby.
Are we not rather missing the point of the Amendment of my hon. colleague? He indicated that what he desired to discuss was not the question of able-bodied classification, or efficiency or otherwise, but to leave it quite clear that men, women, boys, and girls would come under the operation of this Clause. I think it is quite obvious that when the Wages Board is established there must be varying rates of wages. It is not simply a question of being able-bodied. There is the same variety of skill in agriculture as in the engineer's workshop. There must necessarily be classification. This does not seem to me to be the special point at which the question of classification should be raised. All the Mover of the Amendment asks is that this particular Clause should be left unfettered by classification, and that it should apply to any person who receives the statutory benefit of the minimum wage, whether it be man, woman or child. The President of the Board of Agriculture suggests that that would involve us in great difficulties, because there would be so many cases, and there would be so much uncertainty that the farmer would be afraid to employ labour. Does he not think there is another side to that —that the uncertainty as to the wages they would receive would deter those people who would otherwise seek employment? Women, girls, and old men might possibly be attracted if they were sure they were going to receive arrears as applied by the Wages Board. They would say, "It is perfectly clear that I shall be classified as an efficient workman, and therefore shall get the arrears of pay." If the object is to attract people to the land, then the argument as to uncertainty on the part of the farmer is equally applicable to the person he would have to pay. With regard to the argument that the rates of wages would be so high that in practice the Clause would never come into operation, that seems to me a reason why you should not strain at this gnat. If it avoids friction and gives freedom to employ all classes on the land, you ought not pedantically to attach yourself to these words, but you ought to grant the Amendment and leave the matter clear for when you come to the later paragraph. I shall certainly support the Amendment if it goes to a Division.
I was very glad to hear the speech of the President of the Board of Agriculture, because I think he adequately understands the position of the farmers in connection with this matter. Undoubtedly the logic is favourable to the Mover of the Amendment. That only shows the dangers of entering upon this retrospective legislation; but when you have it at all events let it be as limited as possible. Undoubtedly the one thing you want to do is to encourage the farmer to employ labour, and if that is so he must certainly be free from the doubts that arise in his mind, and if they are as the hon. Member for Brightside (Sir T. Walters) has suggested, they will be very serious indeed, because he seemed to imply that every boy, girl and woman is to receive 25s. a week.
I do not object to criticism, but I do object to misrepresentation. I said nothing of the kind. I simply said that we wanted this Clause to be so unfettered that it might apply to man, woman, boy or girl, who was placed by the Wages Board in the position of an efficient person. That is quite a different proposition.
But the hon. Gentleman forgets that an Amendment in the Bill describes the able-bodied man as a person who does efficient duty, and who would receive 25s.; therefore we do work round exactly to what I said. But the point is that you have 25s. as a limit for the able-bodied man or the efficient man, or whatever you like to call him, and the uncertainty will be with every class of labour which goes below that standard, and that is a very serious thing to put on the labourer. The right hon. Gentleman said "if you press me into this I must abandon the retrospective position altogether." The difficulties are so great if you are going to carry out the exact logical position. I hope the right hon. Gentleman will adhere to the point, because, as he said, there is no doubt that the difficulties in obtaining a decision of the Wages Board are not going to be got over in a moment. The Acts which have been followed very largely in framing this Bill deal with other industries—very small industries—'but industries where the workmen were occupied with very definite employment, and there were very long periods of time allowed in order to get at the actual minimum wage—six months and other times—and nothing came into operation until the matter had been bandied backwards and forwards and agreed upon by the various people in the trade. These matters cannot be settled very easily in agriculture, because everybody knows that the custom varies all over the country, and each Wages Board will have to consider its own circumstances. I imagine they will have to be compared to some extent to get some kind of standard, and then after that the matter will be concluded. It is not, however, going to be settled very soon. Do you want this uncertainty to be continued just at the very moment when you are asking farmers to make a very great effort indeed? If you are to secure a crop in 1918, you will have to get the work done very soon and in a much shorter time than these Wages Boards can come into existence. If you allow this uncertainty to exist, you will limit the advantages of the Bill, you will limit the amount of labour because of the uncertainty, and that will be the greatest injury to the policy you have advocated.
I understand it is generally admitted that the Wages. Boards may take a considerable time before they make their decisions. I understand, however, that it is possible that certain people, who do not come within the category of the able-bodied, may be, for a considerable time, receiving a less wage than the Wages Boards may ultimately say they are entitled to. Therefore, the question is this, whether a large number of people should be paid short for a considerable time or whether the farmer should be faced with a certain amount of uncertainty? That seems to me to be the problem. When it comes to the question of whether the farmer is to be faced with a certain amount of uncertainty or whether a large body of wage earners shall be paid considerably less for a considerable time before it is made up to them, then I should vote every time for giving the uncertainty to the farmers and the wages to the workers. I hope the Amendment will be insisted on, and I shall vote for it.
I believe that all of us are anxious to do what we can to make the scheme of the Wages Board as sound and practicable as possible. We should be very ill-advised to accept this Amendment, because, in my opinion, it would start the new scheme under conditions of supreme difficulty. Let us try to visualise the matter in a practical light. The labour market is good, and never, perhaps, has been better; therefore all the classes of labour concerned are in a position to command wages better than they have ever been able to get previously, and are getting wages which there will be extreme difficulty in upholding after the war. I think the farmer, like everybody else, is entitled to know what are his obligations. It is perfectly certain that when the Wages Boards are established there will have to-be a good deal of inquiry before we can settle upon rates, and if it be that the farmer is met with the fact that there are large accumulations against him, then he can use his influence on the Wages Board to establish a lower rate than otherwise might be agreed upon if there were no such obligations accumulating against him. Personally, I feel that we ought to be as fair to the farmer as to any other class of the community, and the farmer is entitled to know what are his wages obligations.
I think that when we come to set up these Wages Boards it will hamper them in their undertaking to have to take all these separate accounts into consideration, and it will militate against the interests which we desire to serve by the establishment of Wages Boards. Whilst I am anxious to do all I can on behalf of the various classes of labour which are brought into the Bill I feel that this arrangement would not serve their best interests, and on the other hand it would seriously prejudice the interest of the employers.
All the speeches which we have heard against this Amendment are speeches which really should have been made against the Sub-section as a whole. I was against the Sub-section as a whole. I think it introduces an unnecessary complication. But if you have the Sub-section, and we have decided to have it, it is perfectly clear you must apply it to all classes of workers and not simply to the able-bodied men. If you apply it only to the able-bodied men it will make the farmers inclined to discriminate against able-bodied men, because they will say. "We may have to pay retrospective wages. Therefore we shall employ the other people." I would remind the Attorney-General that it cannot possibly be a hardship to the farmer. The farmer will only be asked to pay what he would have paid if the facts had been ascertained earlier. The Wages Board is bound to give a right decision, therefore the farmer will only pay the wages he would have paid from the the beginning. That is the position taken up by the Attorney-General. If there be logic in his argument he ought to follow it in this case, and say that the farmer ought to be asked to pay interest as well as all the back pay. It is unreasonable on the part of the Government to pass this Sub-section and then try to exclude the very workers who most need protection. On these grounds I shall support the Amendment.
If this Amendment is accepted I believe it will work against the interests of the non-able-bodied workman. The hon. Member (Mr. Morrell) said that unless the Amendment was accepted the interests of able-bodied men would be prejudiced. I suggest from practical experience that it will have exactly the opposite effect. The farmer will know with certainty that he has to pay an able-bodied man 25s. a week, and the un- certainty as to what he would have to pay in the other cases would make him turn to the able-bodied men in preference to the other classes. It will be a calamity if a. certain class of non-able-bodied men are precluded from going to work on the land. There is many an old age pensioner who is delighted to have a half day's work on the land. It would be a deprivation to him if he had not the opportunity of adding his contribution to the output of food, which makes him of value to the nation while he is of use to himself. There is no danger of these people being underpaid. The mere fact that you fix a minimum wage of 25s. for the able-bodied man will result in an increase of wages for all the other classes engaged on the land; and consequently, with the greatest respect to the representatives of the labouring men, who I am sure have the best interests of these men at heart, the acceptance of the Amendment would work against these men whose cause they champion. We want to see all available labour employed in producing corn for the nation at the present time, and from these men's point of view, as well as from that of the farmer and of the nation as a whole, I believe that the acceptance of the Amendment would be a mistake.
I do not know whether the Committee would be prepared to adopt a course which, on the whole, I think would be a wise one. It is quite clear that it is not possible for the Government to-night, having regard to the advice which they have received from those who are very competent to give information on these matters, to accept the Amendment which has been proposed. But we were conscious of course, when we recommended to the Committee that they should accept our proposal with regard to the retrospective payment of the men who are to receive the 25s. a week, that it was not a logical proposal, and the Committee will remember when my hon. Friend below the Gangway at the very beginning of the discussion on the last Amendment pointed out that it ought to be extended to this case, I said that his proposal was strictly logical and ours was not. I said that it was put forward in the hope that it would be a compromise which the Committee would not be indisposed to accept. In those circumstances it is impossible for us to-night to go further, and I think it very doubtful whether we can do so on the Report stage. Of course, if the Committee prefers to say "we must either have all retrospective payments though the Government is advised that that is impracticable, or we will have none," that is a possible course, and a strictly logical course. But it may be that the Committee would be prepared to do this: as we have had considerable discussion about this the Committee might agree that it would not be a disadvantage to some of us to have a little more time to deal with the matter, and that a convenient course might be, rather than force a Division to-night on an Amendment which we are unable to accept, that there should be time for the Government to consider whether they will come on the Report stage to the House with a proposal to increase the scope of this provision or to exclude retrospective payments altogether, or whether they will still venture to recommend to the House the present proposal, illogical as it is. The only argument which I suggest is this. As the Committee knows, there has been a great deal of discussion on this matter. I should be unwilling, and I am sure that the Committee would be unwilling, to arrive at a decision which would raise difficulties in the way of achieving the object which we all want to advance. We all want to get the best possible results for the labourer, and if the Committee is willing to adopt the suggestion which I have made I will undertake to consider the best proposal with which to come to the House on the Report stage, or whether the administrative difficulties that are involved in the course which has been suggested can be overcome.
I feel that there is a great deal in what has just fallen from the right hon. Gentleman, and I think that it is desirable for the Committee to take such a course as the Government have advised us to take. I have been feeling lately, and especially since the speech of the hon. Member for Norwich (Mr. Roberts) who sits on the Front Bench, extremely discouraged about the whole prospects so far as they concern the labour side of the Bill. When the right hon. Gentleman the Prime Minister introduced this Bill into the House I took the liberty of interjecting the query, "Who is going to fix the minimum wage?" and the right hon. Gentleman brushed me aside rather impatiently, and gave me no answer. To-night I stand here again and ask the same question. I find that this proposal affects only a portion of the labourers, and that the proposal of the Government will leave the under-dog still under.
The right hon. Gentleman and his coadjutor who sits on his left (Mr. Roberts) have again and again in the course of this argument said, "You must do something to induce the farmer to employ labour." Why always consider the farmer? The-farmer's interests are considered in the earlier Clauses. He has plenty to speak for him. I speak for the labourer, and though I have no desire to trouble the Government, they must deal with his case. I speak for the hundreds of thousands of labourers who are on the land only because they are inefficient, who cannot enter into the industrial struggle with those who are better equipped for it. It is the poor, the suffering, the half-organised, the lame, the halt, sometimes the half-blind, to whom we want to hold out a helping hand, even at a time like this. I appeal to the good nature, to the heart, and still more to the conscience of the President of the Board of Agriculture, that he will take this miserable Clause back, and that he will let both heart and head set to work to recast it more fairly in the interests of the poorest and most downtrodden people in this; country. The Clause as it stands to-day is wholly impossible, as the hon. Member for Liverpool very sagely said. It can only do harm. I, for one, will heartily support the appeal of the right hon. Gentleman who has just spoken. It is high time that we took this Clause home and slept upon it. God send us better judgment when we meet upon it again!
I desire to ask the Attorney-General two questions. Can he cite any case in which a Wages Board has-been called on to decide whether workmen-are able-bodied or not? Has he considered the diversity of opinion that will probably exist between different Wages. Boards when they are set up as to whether men are able-bodied or not?
Both these are very reasonable questions. As I have often explained to the Committee, I do not pose as an expert on these matters, but I cannot help thinking that, though it is extremely difficult to define it clearly, yet if you ask any practical farmer who has employed labour for a number of years; whether Jones, Brown or Robinson is an able-bodied labourer, the farmer could give you a sufficiently accurate idea. I admit that there are bound to be dis- crepancies between different Wages Boards in dealing with a novel situation, but I do ask the Committee to accept the suggestion which I have made so that the matter may be further considered.
May I make this suggestion: that we now report Progress, and that at a certain point to-morrow, the Government having had time in the meantime to go over the matter, we might bring it forward again without prejudice? In the meantime the Government can consider the position and see if they cannot make some advance upon what they have done now. I should be willing to leave it at that; otherwise I shall be obliged to let the matter go forward to a Division.
I do not like to intervene again, but I do hope the Government will give some consideration to the appeal made by my hon. Friend opposite. I have been somewhat astonished at the attitude taken by the right hon. Gentleman the Member for Ashford and the hon. Baronet the Member for one of the Devonshire Divisions. They must be obsessed by a certain view. Surely they and the Government can see that, by accepting the Amendment, they are going to avoid industrial trouble. If the Clause goes through as it is now, I can see, speaking as one who for many years has taken part in trade union work, the greatest possible opportunity, for those who care to agitate in connection with the wages question for men employed upon the land, of causing strife and trouble between the farmers and employés. I am absolutely astonished by the statement made by my hon. Friend the Parliamentary Secretary to the Board of Trade. As a trade unionist, surely he must recognise that in no other industry in the country is there any provision made whereby the question of able-bodied workmen come into consideration. In his own trade of printing, if he was asked to support a proposition that an able-bodied workman question should be introduced, he would either have to vote against it or be expelled from his society. I hope the Government will recognise the force of the arguments that have been used against the proposal contained in this Sub-section.
Those who are farmers know perfectly well that there are men who would be passed as able-bodied who are really not efficient agricultural labourers. That being so, I hope the President of the Board of Agriculture will realise the importance of this Amendment. Some of the Irish labourers who come over to this country who are able-bodied, and to whom a medical board would not object as able-bodied, are nevertheless, not efficient in some branches of agriculture, I believe the right hon. Gentleman the President of the Board is a practical agriculturist. I do not claim to be one, but I believe I know a great deal more about agriculture than some of the people who speak in this House; as a matter of fact, there is scarcely anything in connection with agriculture that I cannot do. The only thing I will plead guilty to not being able to do is to shear a sheep, and probably the right hon. Gentleman would plead guilty to the same thing. But that is by the way. The right hon. Gentleman the Member for Ashford and the hon. Baronet the Member for one of the Devonshire Divisions know perfectly well that there are boys of sixteen who, as agriculturists, can do better and more work than an able-bodied man of forty. That being so I say from a common-sense standpoint the Government ought to accept this Amendment and delete the word able-bodied.
Probably the Members from Ireland will not agree with what I am going to say, but we know many of the able-bodied Irish harvestmen who come over to this country are extremely efficient, able-bodied workmen so far as the hay or the corn harvest is concerned, but put them to something else in connection with shepherding or cows and they are not efficient workmen, although able-bodied enough. That is quite true; I am speaking of what I know to be true. Some of the Members who are questioning what I am saying do not know what they are talking about. I should like to take some of them into the harvest field to morrow and see what they could do and see how they would advise what an able-bodied workman should do. They could not advise. By introducing into an Act of Parliament dealing with what is to a large extent, and will be, a purely trade union question, you are doing something which is not now done in connection with the rules and customs of any other trade union or any other class of workmen in the country. That being so, I appeal to the Government to give the Committee a free hand in voting upon this question or to postpone the further consideration of it till to-morrow. I feel certain that from the practical standpoint and not in the interests of the workmen alone, but in the interests of the agriculturists of the country, they ought to accept the Amendment.
I have been somewhat severely attacked by the hon. Member or I should not have risen again. My desire when I spoke on a former occasion was to avoid the industrial disputes to which he has alluded. But after all there must be some Wages Boards to decide, and you must therefore consider how you are going to get the most agreeable circumstances under which such Boards may start on their existence. The hon. Member said there is no instance of a distinction being made between able-bodied men and those who are not able-bodied. He must know very well that the very latest precedent in this matter was in connection with the minimum wages for workmen in coal mines. The district rules lay down conditions with respect to the exclusion, from the right to wages at minimum rates, of aged workmen, and of infirm workmen, including workmen partially disabled by illness or accident. When he says there is no precedent I reply that there is a very good precedent, and it is a precedent which the Government really are following. I think the hon. Member must have forgotten that when he spoke.
I only want to say one or two words by way of an appeal to the Government to accept this Amendment. The right hon. Gentleman opposite hag just referred to the Minimum Wage Act in connection with the miners of the country. When he speaks of infirm men in connection with that Act, those of us who are familiar with the matter know that his reference is to miners who are paid by results and who must earn a certain minimum wage. If they are unable to earn that wage during a certain period, then it is true the matter comes before the Minimum Wage Board, who decide whether or not the man is infirm or incapable of earning that wage. The matter mentioned by the right hon. Gentleman who has just spoken has really nothing to do with the Amendment proposed by my hon. Friend opposite.
I do appeal to the Government very strongly to accept this Amendment. I may tell the Committee that I have had some little experience serving on a municipal council in Manchester where there was a clause with reference to able-bodied men, and I can assure hon. Members that quarrels as to what was an able-bodied man and what was not were always taking place. As a matter of fact, common sense ought to rule, even with farmers, in engaging men, and there should be no necessity to include in the Bill the words "able-bodied." I feel sure that if I were a master farmer I would know even without questioning a man whether he was an able-bodied worker or was physically deficient. Therefore I again appeal to the President of the Board of Agriculture to omit the words "able-bodied," and I am convinced that if he takes that course it will save a great amount of trouble in the future.
Shall I be in order at this stage in moving to report Progress?
That would be in order.
Then I beg to move, "That the Chairman do report Progress, and ask leave to sit again."
I really hope that the hon. Gentleman will not think it necessary to insist upon his Motion to report Progress at this time, because if he thinks over the incidents of this discussion I am sure he will come to the conclusion that the Government have not shown any unwillingness to accept the arguments which have been put before them. May I say also, that if at this hour we had proposed that the Committee should arrive at a final conclusion I certainly would not resist the reasonableness of the Motion which the hon. Gentleman has just made. But I have already explained exactly what the situation is and have stated what the Government are prepared to do. We are all agreed that the only logical course is that everybody should get the retrospective payment, but the Government had hoped that the Committee would treat it as an acceptable compromise that the class in respect of whom we were advised arrangements could easily be made by the Wages Board should receive the retrospective payment, and that others in respect of whom we were advised that it would be difficult to make arrangements should not. If the Committee were not prepared to accept that compromise, I made a proposal which I ventured to think was thoroughly reasonable as to what we would do between now and the Report stage. Everybody knows that the Bill is of a pressing nature and understands the reason why if possible it should become law at an early date. I hope, therefore, the Committee will not think that the Government are making an unreasonable appeal to them when they ask either that the matter should be decided now—I would remind hon. Members that we have been discussing it for hours—or, if the Committee are not prepared to adopt that course, that they should accept my suggestion that between now and the Report stage we should consider whether as a Government we should come before the House with the responsibility of saying—
Do I gather that there is no chance at all, if the matter is left over till the Report stage, that the Government may be prepared to accept the Amendment?
I have told my hon. and learned Friend and the Committee the exact position. I have not myself seen the experts who advise my right hon. Friend the President of the Board of Agriculture, but I am informed that their view was and is that the administrative inconveniences are almost insuperable. I will, however, promise this, that if the Committee are prepared to assent to the course I have suggested on behalf of the Government I will myself, with my right hon. Friend, see those technical advisers and discuss the whole matter with them in order to discover whether it is any way possible to overcome the difficulties. That means that I will not come back to the House on the Report stage and say that the difficulties are insuperable unless we are really advised that they are.
I do not want to say a word about the merits of the Amendment, because I think we are all prepared to come to a decision upon it; but I rise to express the hope that my hon. Friend will not press his Motion to report Progress. I do so because I do not think it is unreasonable for the Government to want to get the end of Clause 4, seeing that they had hoped at an earlier stage to get well on with Clause 5.
I think the statement the Attorney-General has just made does relieve the situation very considerably, and in view of the fact that the Government are again going into the matter I am willing to withdraw the Motion to report Progress.
Motion to report Progress, by leave, withdrawn.
Amendment, by leave, withdrawn.
I beg to move, at the end of Sub-section (4), to add the words,
"Provided that no sum shall be recoverable under this provision if the wages paid have in the opinion of the Court been equivalent to wages for an ordinary day's work at the rate of 25s. a week."
I will only move the Amendment formally, because the President of the Board of Agriculture has already indicated on more than one occasion that he will accept it.
Amendment agreed to.
Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."
This Clause introduces the very unfortunate principle of the minimum wage, and I regret very much that, late as the hour is, I feel bound to offer some remarks upon it. There is a great difficulty, of course, in catching trains and getting home when we are kept sitting till a late hour. I fancy that I shall probably have to walk several miles to get home to-night, and I would venture to urge that we should put off till to-morrow the discussion on the question that the Clause stand part of the Bill. If the Government are not prepared to do that I must go on, whatever the inconvenience may be, and make the few remarks I have to make.
I think it will be better to get the Clause to-night.
If that is the right hon. and learned Gentleman's opinion, then I will say what I have to do on the subject of the Clause, It introduces, as I have said, the very unfortunate principle of the minimum wage, and the present is a very difficult period for the introduction of that principle. The farmer has enormous difficulties to contend with already, and this Clause is going to make it still more difficult for the farmers to add to the cultivation of this country. The Milner Report stated definitely that the Committee did not think it desirable to complicate the question of the additional culture necessary for this country under war conditions by bringing in the minimum wage. I do not know that I need refer to that Report, except just to read a few words in which they make that statement. They say
"These wages were rising for several years before the War, and have been further raised since the War began, though it may be doubted whether the amount of the latter increase is generally sufficient to cover the increased cost of living. A further substantial rise in the poorly paid districts is, in our view, imperative and will, we believe, in fact result from the increased demand for labour."
They then go on to suggest that an inquiry should be made, and I would like to ask the President of the Board of Agriculture whether, in fact, any inquiry was made before the suggestion of introducing the minimum wage was added to the suggestion of the Milner Committee for a fixed price? The Milner Committee in their interim Report suggested, as I say, that an inquiry should take place as to whether agricultural wages were rising and whether they were now at a satisfactory point.
No inquiry was made.
In the absence of that inquiry, the next evidence we have on the subject is the Report of the Selborne Committee. That Committee also told us that in their opinion agricultural wages are rising, so that from the point of view of wages there is not that immediate demand for an increase which there certainly was before the War. The Selborne Committee reported as follows: They reluctantly decided that
I would like to draw attention to Scotland. The Secretary for Scotland will bear me out with regard to what has already been done there, without any of these means, to obtain a very fair remuneration for agricultural labour, and far beyond anything contemplated in this Bill. Further than that, the farm servants of Scotland, having considered this Bill, have definitely stated, in an authoritative way, that they do not want a Bill of this kind; that they object to it; that it will not be in their interests to have it, and that it ought to be rejected. I should like to read to the Committee the remarks of their Secretary on the subject. This was sent to me, and my attention was drawn to it authoritatively by the secretary of the Scottish Farm Servants' Union as the opinion of their union. May I quote one or two passages from it? I think the Committee ought to know the views of the working men on this very question. It is assumed that we are doing all this in their interest, but they do not accept that; they take quite a different view. Their secretary says:
Does the hon. Member think that that is the Bill?
I do not understand the interruption.
There is nothing in the Bill to say that no rate higher than 25s. may be fixed in any district by the Wages Board.
The Bill fixes a minimum of 25s. At any rate, this is a farm servants' reading of it— I would ask the right hon. Gentleman to realise the independent feeling of the Scottish farm workers. This is how he puts it:
My own view is that in many parts of England the wages have been disgracefully low, and ought certainly to be raised. We have the Report, both of the Milner Committee and of the Selborne Committee, that wages are being raised, and I regret very much that in an important matter of this sort we have not got the other information for which the Milner Committee asked in 1915, because it is of immense importance that in matters of this kind we should have the most recent information obtainable. We want freedom for the labourer, and he should be in a position to open up a career for himself. It is not merely a question of wages, but also of housing, and of many other matters in connection with rural conditions which are really at the bottom of this question of rural depopulation. An American Consul some time ago reported on this question, and, as an independent authority, I think his opinion is worth having. He was very much struck by the great amount of emigration taking place from Great Britain, particularly of farm labourers, and he made an investigation in order to ascertain what was the reason. This is what he said, and this is the last quotation I shall give:
Are we not to have an answer from the right hon. Gentleman? It would seem to me that the remarks that have been made dealing with a Bill of this importance deserve a reply from the Government.
We have had an interesting speech from the hon. Member for Dumfriesshire (Mr. Molteno), not the first one which he has addressed to us this afternoon, and he has told us what his opinion of the Bill is. He has reinforced it with various quotations, some of which we have heard before, curiously enough, in the Committee to-day. As to the long quotation he read from the Secretary of the Rural Farm Servants' League, that gentleman does not profess to speak for the labourers of Scotland when he says they do not want this Bill. All he means is that this particular union with which he is associated as secretary does not want this Bill, because, presumably, the Wages Board will do a great deal of the work which the league is doing at the present day. As to the many other topics which the hon. Member raised, about rural housing and taxes on the land, I think he will find that he had in the House at all times a very considerable body of agreement. Those are points which are vitally important, but at the present time we are discussing the Corn Production Bill and the Minimum Wage Clause, and I would only say, for my own part, that, so far as we are concerned, this minimum wage of 25s. a week is a revolution which I never hoped to see in my lifetime. It is a change of the utmost importance. The hon. Member may not know English conditions quite so well as some of us who live in this country, and who do know the enormous change and the enormous benefit that this minimum wage will be in some of the ill-paid districts of the country. I do not say that it is going to stop there. My own idea of the future of the farm labourer goes far beyond a minimum wage of this magnitude. It is only a tiny fraction of the great uplifting, mentally, morally, socially, and economically, of the agricultural labourer. With the substance of the hon. Member's speech I was mainly in sympathy except on the point that I regard the minimum wage given by this Bill as a matter of the utmost importance.
Question put, and agreed to.
Clause, as amended, ordered to stand part of the Bill.
Motion made, and Question, "That the Chairman do report Progress, and ask leave to sit again"—[ Mr. Hope ]—put, and agreed to.
Committee report Progress; to sit again to-morrow (Thursday).
The remaining Orders were read, and postponed.
Whereupon, it being after Half-past Eleven of the clock, Mr. DEPUTY-SPEAKER adjourned the House, without Question put, pursuant to the Standing Order.
Adjourned at Five minutes after One o'clock.