House of Commons
Thursday, December 6, 1917
BRITISH MERCHANT VESSELS (MISCELLANEOUS, No. 14, 1917)
Copy presented of Correspondence with the Netherlands Government respecting defensively-armed British Merchant Vessels [by Command]; to lie upon the Table.
Congested Districts Board (Ireland)
Copy presented of Twenty-fifth Report of the Congested Districts Board for Ireland for the period 1st April, 1916, to the 31st March, 1917 [by Command]; to lie upon the Table.
Pawnbrokers' Return (Ireland)
Copy presented of Returns from the City Marshal of Dublin for the years 1915 and 1916 [by Act]; to lie upon the Table.
Oral Answers to Questions
War
Papal Peace Note
asked the Secretary of State for Foreign Affairs whether in any treaty or understanding to which Italy and this country have become parties since 1914 this country and France agree to support Italy against the Holy See if the Holy See attempts to take steps towards peace; and why the Pope's recent Peace Note has received no reasoned reply from the British, French, and Italian Governments?
The reply to the first part of the question is in the negative. The British, French, and Italian Governments considered that no reply to the Papal Note was necessary beyond that returned by President Wilson.
Do they fully agree with President Wilson's answer?
Russia
asked the Secretary of State for Foreign Affairs whether, in view of recent developments in Russia and the diminished power of previous authorities, a special mission will be sent to Russia with full powers to enter into relations with those to whom the Russian Constituent Assembly may give support?
I have nothing to add to the reply which was given to the hon. Member on the 22nd ultimo.
asked the Secretary of State for Foreign Affairs whether any request has been received from Russia for the release from internment of George Tchitcherine or other Russian interned subjects; and, if so, what answer, if any, has been made?
The following questions also stood on the Paper in the name of the HON. MEMBER:
5, 6, and 7. To ask the Secretary of State for Foreign Affairs (1) whether there has been received, through our Ambassador in Petrograd or otherwise, any communication that Mr. George Tchitcherine has been appointed Russian Ambassador to this country; if so, what action has been or will be taken in this matter; (2) whether he has official information that the Russian Government is refusing passports to British subjects; if so, what action is being taken; (3) whether Sir George Buchanan has issued a statement that he cannot reply to Notes addressed to him by a Government which his own Government has not recognised; on what date was the first Revolutionary Government of Russia recognised by the British Government; and on what date was the Kerensky Government recognized?
:I think it right to draw the attention of the House to these questions, which are typical of very many questions put down by the hon. Member for North Somerset. They cannot do otherwise than embarrass His Majesty's Government at a moment of very great anxiety and difficulty, and, with the permission of the House, I do not propose to answer them.
Is the right hon. Gentleman not aware that I intimated the nature of these questions to him beforehand, and gave him an opportunity of asking me to withdraw them?
I am not aware of that. I am aware that questions of this kind were put down on the Paper last Tuesday, and I asked the hon. Member to withdraw them. He did withdraw them, and I did not expect to see them again on the Paper on Thursday.
Is the right hon. Gentleman not aware that these are quite different questions from those put down on Tuesday, and that I again gave him an opportunity of giving me some explanation?
asked the Prime Minister whether he is aware of the quantities of munitions and guns which have been sent from this country to Russia and that some of the same have passed into the hands of the enemy and been used against our troops and those of our Allies; and will he say what he proposes to do with the cargoes of munitions now loaded on board two steamers lying in an English port ready to sail?
The answer to the first part of the question is in the affirmative. It would not be in the public interest to answer the second part.
Would it not be more sensible to have these cargoes of munitions discharged, so that we could use them ourselves against the enemy, rather than leave them lying on board ship for weeks, wasting tonnage and space at the docks?
My hon. Friend's supplementary question is sufficient to prove the reasonableness of my answer.
How many guns and how much ammunition were sent by this country to Russia in the early stages of the War and were handed over to the enemy by the Russian authorities in the first twelve months of the War?
Royal Irish Constabulary (Pensioners, Queen's County)
asked the Chief Secretary for Ireland whether he has received a memorial from the Royal Irish Constabulary pensioners of Queen's County, praying for a grant of a war bonus to help them over the present period of high cost of living; if, owing to their previous connection with the Imperial Government, no employment by local authorities will be given them since the passing of the Local Government Act, 1898; and what answer he gave to his memorialists?
I have received a considerable number of representations from Royal Irish Constabulary pensioners asking for an increase in their pensions, including one from the Queen's County. The matter has been carefully considered, but the Government do not see their way to introduce the legislation which would be required for this purpose. As the hon. and gallant Member is no doubt aware, a large number of pensioners retire from the constabulary at their own request in order to obtain other positions. I am told that there is reason to believe that about half the pensioners have other sources of income besides their pensions; but I have no information as to whether they are able to obtain employment under local authorities in Ireland.
Is it a fact that, with the present purchasing power of money, these men are living on £25 a year?
That depends upon the other sources of livelihood such as are referred to in the answer.
:I mean those who are living on their pensions.
Seizure of Explosives (Ireland)
asked the Chief Secretary for Ireland whether a quantity of high explosives has been seized by the police in transit from Scotland to Dublin; if so, has he any knowledge of previous attempts of the same kind; and whether steps are being taken to prevent a repetition of a similar offence?
The answer to the first part of the question is in the affirmative. The police are vigilant at all times to prevent the transport of explosives by unauthorised persons. It is not in the public interest that I should state what information they have from time to time had.
Are effective steps being taken to prevent a repetition of this incident?
My hon. and gallant Friend may judge of that by the certainty and success with which the police acted on this occasion. He must draw his own conclusion as to whether they are being vigilant or not.
Will penalties attach to the owner for carelessness in allowing explosives to go on board?
I am afraid I must not pursue that matter, which relates to a part of this subject which it is not in the public interest to discuss at present.
asked the Chief Secretary whether two lads were discovered travelling to Ireland from Glasgow with a quantity of high explosive; and will he say what report he has had as to their purpose; and were any documents discovered on them implicating other persons in their action?
The answer to the first part of the question is in the affirmative. The remainder of the question cannot be answered consistently with the public interest.
Is it a fact that the vessel that carried these explosives was called the "Fanny"?
I have not information as to the vessel which carried the explosives. There is no suspicion of her, as I understand.
Hon. Member for East Clare
asked the Chief Secretary for Ireland whether the hon. Member for East Clare is a natural-born British subject; if not, whether he has been naturalised; and can he give the date of his certificate of naturalisation?
I am informed that the hon. Member in question stated at the time of his imprisonment after the rising in Dublin that his birthplace was New York. There is no record of his having been naturalised as a British subject.
Will the right hon. Gentleman use his influence with the Government, with a view to Seeing that in the new Franchise Bill a proviso shall be inserted calling on all candidates to satisfy the returning officer on this point before they can put up for election?
Can this Gentleman be, in fact, a Member of Parliament?
This is a question which has arisen in the past from time to time. My recollection of it is that it is open to any elector in a constituency, at the time of the candidature of a candidate who is suspected of not being eligible to sit in this House, to announce that fact, and thereby to invalidate the election, if there should be an election of an unqualified candidate. It is also open to any elector or any person concerned, after the election of an unqualified candidate, to proceed, within the time limited by the Acts of Parliament relating to the matter, to challenge the election. What course arises beyond that I am not sure. I dare say that the qualification of a Member, or an alleged Member, of this House has been raised in this House within the knowledge of hon. Members who take an interest in these matters. It is conceivable that that question might arise if the hon. Member appeared here to take his seat.
Is the right hon. Gentleman aware of the danger of pressing these questions too far, and that it might cause us to lose the unparalleled services of Lord Milner?
Why is this question pressed against the hon. Member for East Clare, and not pressed against Lord Milner, who is not a British-born subject?
I believe the last two questions are founded on a total misapprehension. As far as my knowledge goes from the sources of information open to us, Lord Milner was absolutely qualified to sit in this House. With regard to pressing these questions too far, I have not any choice as to the subjects on which I shall be questioned. My business here, as a Minister, if the questions asked me do not conflict with obvious public interests, is to give the best information I can in answer to them.
Coal Supply (Ireland)
asked the Chief Secretary for Ireland what steps, if any, have been taken to secure a supply of coal for the Irish people; and if he is aware that the poor have to pay 3s. 2d. per bag for coal in Dublin, and even at that price find difficulty in obtaining supplies?
My right hon. Friend has asked me to reply to this question. I am not aware of any difficulty in regard to the supply of coal to Ireland, but I shall be glad if the hon. Member will forward to the Controller of Coal Mines any complaints which he has received. A communication will shortly be addressed by the Controller of Coal Mines to local authorities in Ireland with regard to the limitation of retail coal prices.
Does the hon. Gentleman know that coal is now almost the sole fuel of a great number of people in Ireland and, if there is a real shortage, that it would be very disastrous in the coming winter?
Perhaps either the hon. Gentleman or his hon. Friend (Mr. Byrne) will address a communication to the Coal Controller.
Air Ministry
asked the First Commissioner of Works whether the Air Minister is taking over the Metropolitan Water Board offices at the Savoy Hotel; if he is aware that one part of the hotel is not occupied by the Metropolitan Water Board; if he will consider the advisability of taking over the Hotel Ritz stead of removing the Metropolitan Water Board from the present offices; and if he will take action in the matter?
The answer to the first two questions is in the affirmative. As it is absolutely essential that the branch of the Air Board for which this accommodation is required shall be in close proximity to the headquarters of the board, I can see no useful purpose in considering the commandeering of the Ritz Hotel.
Can the right hon. Gentleman promise any finality to this absorption of hotels?
No.
How many of them are not being used?
I do not know of any which are not being used.
Food Supplies
Live-Stock Traffic (Dublin)
asked the Chief Secretary whether he is aware that there is live-stock traffic congestion in the port of Dublin; that the lairs and pens have been filled at the North Wall with cattle, sheep, and pigs for the last fourteen days, and that these animals are insufficiently provided with fodder and have considerably depreciated in value; and if he can say what action is being taken to get rid of this congestion?
The answer to the first part of the question is in the affirmative. As to the second and third parts, I would refer the hon. Member to the answer I gave to a question by the hon. Member for the College Green Division yesterday.
Is the right hon. Gentleman aware that the result of this congestion is that small farmers must sell their cattle at a loss?
No. It is as much in the interest of this country as it is of the small farmers that every facility should be given for the transit of cattle from Ireland to this country, and that communications should be kept as free as possible, but I need not enlarge on the difficulty of the matter.
Expenditure on Production (Ireland)
asked the Vice-President of the Department of Agriculture (Ireland) whether hè will give the particulars of the expenditure on food production in Ireland corresponding to those given recently by the President of the Board of Agriculture and Fisheries regarding the similar expenditure in England and Wales?
Up to the 31st October last the total gross expenditure from the Vote of Credit at the disposal of the Department of Agriculture for food production schemes was £162,335, the greater part of which was to cover the issue of loans and the purchase and resale of agricultural requisites for the additional area brought under cultivation. A sum of over £19,000 has been recovered, and it is estimated that a further sum of £86,000 is recoverable
Sugar
asked the Parliamentary Secretary to the Ministry of Food if he is aware that a number of shops which sold sugar in 1915 were destroyed during the rising in Ireland; will he say whether the allowance of sugar based on the 1915 orders are being supplied to the owners of these premises; if he is aware that one large concern in Great Brunswick Street, Dublin, which sold tons of sugar in 1915, has not been reopened; if he is aware that this is a densely populated working-class district, and that the residents find it impossible to obtain their supply of sugar; if he will take steps to find out where the supply of that establishment is going; and if he will see that it is divided amongst the local shopkeepers of the district at fixed prices?
I am causing inquiries to be made, and will take any action that may be thought desirable. I would, however, remind my hon. Friend that the present system of sugar distribution will expire in three weeks' time.
asked what provision is made for the transfer of customers from one shopkeeper to another in regard to the supply of sugar in case the shopkeeper acts in an unfair or unsatisfactory way?
The Order about to be issued will contain provisions whereby a local food committee will be empowered to consent to such a transfer whenever, in their opinion, the circumstances justify this course.
Potatoes
asked the Parliamentary Secretary to the Ministry of Food if arrangements have yet been made to secure the £6 guarantee per ton to farmers who have less than 4 tons of potatoes for sale?
asked the Parliamentary Secretary to the Ministry of Food Whether the expediency of allowing persons who have less than 4 tons of potatoes to sell to pool their supplies with a view of securing the benefit of the Government guarantee of £6 a ton for potato growers has yet been considered; and whether, in coming to a decision on this question, the Food Controller will also take into consideration the effect on the product of next year's crop of the denial of the benefit to the small cultivators?
I can add nothing to the answer given last Monday to the hon. Member for Ossory.
How is it that this guarantee is given to big farmers who do not want it and kept from the small farmers who do want it, and will the hon. Gentleman not reverse the Order and give it to the small farmers?
I have repeatedly explained that the guarantee was given to those who were able to greatly increase their tillage so as to largely increase the output of potatoes. When the limitation was announced no objection was taken, and it cannot now be extended to the small grower.
Why did not the Ministry of Food allow the small farmers to obtain their potatoes and in that way do good work for the people who want it most?
I announced that that can be done where the pool is consistent with sale to one individual.
Is the hon. Gentleman aware that the decision he has announced to-day will kill the increased tillage scheme in Ireland? I hope it will.
There are no signs of it.
Will the hon. Gentleman undertake to put into an amended form of Order the concession to which he has just referred?
If it is necessary to take that course I will see to it.
Will the hon. Gentleman consider the advisability of receiving a deputation to put the case before him?
I have not the slightest objection to hearing any further evidence there may be.
asked the Parliamentary Secretary to the Ministry of Food if he will state the names and addresses of the wholesale dealers in potatoes in Ireland who are acting as their agents under the Potatoes Order (No. 2), 1917; and whether any special remuneration is attached to these agencies?
The question of employing agents of the Ministry under the Potatoes Order (No. 2), 1917, is still under consideration. The second part of the question, therefore, does not at present arise.
When may we expect to have these names and addresses?
I think very shortly.
Margarine and Pigs
asked the Parliamentary Secretary to the Ministry of Food whether his attention has been drawn to the fact that certain importers and dealers are holding up supplies of margarine and pigs for the purpose of forcing a revision of maximum prices; whether the price regulations are being evaded in certain cases by private arrangements and sales; and, if so, whether steps will be taken, by requisitioning or otherwise, to deal with this matter?
The answer to the first part of the question is in the negative. There have been a number of cases of shortage in certain districts, due in part to difficulties of railway transport; but a scheme for the equitable distribution of margarine is now being prepared which will, it is hoped, minimise existing difficulties, so far as available supplies will permit. The Food Controller will not hesitate to use his powers, where necessary, in dealing with any attempts to evade the prices fixed by him or unduly to accumulate stocks. I must again repeat that it would be more helpful if, instead of making vague allegations, hon. Members would furnish me with definite particulars which could be made the subject of investigation.
asked the Parliamentary Secretary to the Ministry of Food if he is aware that under the Pigs (Maximum Prices) Order, 1917, live pigs may not be bought or sold at a price exceeding the rate of 18s. per score (20 lbs.) of the live weight, and that, in consequence, auctioneers and dealers in many markets decline to take the responsibility of selling pigs without knowing their weight, and that in many markets no weighing facilities exist; if he is aware that the number of pigs sold in the Nottingham cattle market on Wednesday, 28th November, was 14, that on the precious Wednesday the number was 120, and that the average number for the past year is 150; if he is aware that the Pigs (Maximum Prices) Order, 1917, applies to all pigs except those bought and sold specifically for breeding purposes but including store and sucking pigs, and if he will explain why it is directed in Clause 1 ( b ) of the Order that the weight of such pigs is to be ascertained at the place of slaughter; if he is aware that buyers from London and elsewhere attend the Nottingham cattle market every week and buy animals at very high prices, and that in consequence local butchers are unable to buy animals at a price which will enable them to sell meat at a profit whilst adhering to the scale of maximum meat prices prescribed by the local food control committee; and, if so, whether he proposes to take any action in the matter?
The Pigs (Maximum Prices) Order, 1917, requires that where pigs are sold alive the price shall not exceed 18s. per score (20 lbs.) live weight. The deficiency of weighing facilities was the reason why the Order did not make the weighing of pigs on sale obligatory, but directed that this weight should be ascertained at any time after sale by a person authorised by the Food Controller or a food committee, or, if not so ascertained, at the place or slaughter. As regards the diminution in the number of pigs on sale in various markets, this is accounted for by the fact that the fixing of a maximum live weight for pigs has increased private sales, since there is not so much inducement now to owners to pay selling commission and market charges. As regards the weight of pigs not intended for slaughter, this can be taken under Clause 1 ( b ) by a person authorised by the Food Controller or a food committee at the place of sale or elsewhere. I am aware that present prices of live cattle do in some cases exceed the corresponding maximum dead meat prices, and steps are being taken to remedy this state of affairs.
Is the hon. Gentleman aware that this Order, taken in conjunction with the Order for the sale of ham and bacon, is threatening to produce a famine or scarcity of pork, ham, and bacom in the country?
We have heard complaints of the effect of issuing the Order, and these are being investigated.
Is the hon. Gentleman aware that this Order is very discouraging to certain classes of traders and sellers, and will be make inquiries on this point?
In view of conditions over which we have no control, I aril afraid we, have to encounter greater things than discouragement.
Is the hon. Gentleman aware that these men who are buying these pigs at 18s. a score are able to weigh them to within a pound of the exact weight as shown by the scales?
You cannot have effective control of the food supply without taking adequate measures.
Is the hon. Gentleman aware of the fact that these buyers are giving large private presents and going far beyond the prices?
We have heard that such bonuses are given.
Food Regulations
asked the Parliamentary Secretary to the Ministry of Food whether he is aware that traders in many pants of the country are beginning to protest against the rapid succession of intricate and often contradictory food Orders, which they find difficult to read and understand; whether steps are being taken to simplify these regulations, so that traders and customers may really know what is expected of them; and whether anything is being done to coordinate these many Orders into something like a definite policy?
As far as Orders relating to prices are concerned, the policy of the Food Controller is definite; it consists in limiting the number of intermediaries and prohibiting excessive profits. The intricacy of certain Orders is due in part to the desire to make the Orders fit into the normal practice of the trades to which they respectively relate, and in part to the necessity for preventing evasion and colourable practices. I know no ground for the suggestion that any Orders are contradictory. A Press notice is issued with every Order for the purpose of explaining its general effect, and explanatory leaflets and memoranda are issued to the trade whenever this appears necessary. These Orders have, moreover, effected an appreciable reduction in the price of food.
How is it that the Food Controller has made the maximum price of milk in Ireland 2s. 8d. per gallon, or 8d. per quart, and at the same time the Vice-President of the Board of Agriculture (Ireland) states that they can produce milk at 1s. 4d. per gallon? How does the hon. Gentleman expect that these contradictory Orders between the Food Controller and the Irish Board of Agriculture are to serve the interests of the people of Ireland?
That subject is not precisely covered in the terms of the question or the reply; but the question of the price of Irish milk has been largely decided by the committee in Ireland. If there is any other point which my hon. Friend wishes to raise I shall be very glad to hear from him.
Is it not worth the consideration of the hon. Gentleman's Department?
In framing these Orders would it not be possible to employ language a little more understandable by ordinary people?
I am not responsible for all the items of the English language in these documents, but I do my best.
Why are not inquiries made before an Order is issued? Why when an Order is issued and is in effect for a week is it suspended for further inquiries to be made, as was done in the Oatmeal Production Order?
We are in regular consultation with the authorities and Food Control Committee in Ireland on this subject.
Why should an Order be put in operation for a week and then suspended for inquiry instead of inquiries being made before the Order is issued?
:I think consultation takes place before the Order is issued.
If that is so, why is the Order suspended for further inquiry after it has been put into operation?
Could not the composition of these Orders be submitted to the secretariat in Downing Street?
Is it not a fact that the question of the price of milk in Ireland was referred to two men, one a second class clerk in the Land Commission, neither of whom know anything about milk or agriculture or anything else?
The Irish Committee has considerable, almost unlimited, authority in regard to the price of milk in Ireland.
Milk
asked the Parliamentary Secretary to the Ministry of Food whether he is aware of the increasing scarcity of milk and that in a number of towns many families, including invalids and children, are finding it practically impossible to obtain supplies of fresh milk; whether he knows that various milk dealers' associations are trying to take advantage of this shortage for the purpose of increasing prices and profits and that the absence of any uniform policy creates hardship as between one town and another; and will he say what steps are being taken by his Department to enforce fair distribution of available supplies, especially to invalids and children, and whether it is proposed to establish municipal milk depots?
The Food Controller is aware of the increasing scarcity of milk, but has no information that in any town invalids and children are finding it impossible to obtain milk. The fixing of wholesale and retail maximum prices is intended to prevent dealers from taking advantage of this shortage, and, so far as the Food Controller is aware, this is proving effective. He will be very glad to investigate any cases known to the hon. Member where milk dealers' associations are taking advantage of the situation to increase prices and profits. The policy defined by the Milk Order is uniform for the whole country, but it is desirable that food control committees should have power to fix prices below the maximum when local circumstances permit; neighbouring local food control committees are, however, urged to fix such retail prices so far as possible in consultation. Food control committees are authorised ( a ) to give priority in milk supplies to any customer or class of customer in their areas; ( b ) to buy and sell milk themselves; ( c ) to make their own arrangements for distribution. A circular is being issued to food control committees drawing their attention to their existing powers with regard to giving priority in milk supplies to children and invalids.
Light Wines
asked the Parliamentary Secretary to the Ministry of Food whether his Department has issued a circular to clubs making an appeal to drink light wine and to refrain from drinking beer in order that there may be more beer for the working classes; whether he is aware that light wines, and especially Colonial wines, have increased in price; and whether, in order to get his appeal carried out, he can do anything to get the prices reduced by giving orders to release more wines from bond?
The answer to the first two parts of the question is in the affirmative. Steps have already been taken to release more wines from bond, and it is hoped that this action will have the effect of reducing the price of light wine to the consumer.
Are any additional spirits being released now from bond?
I have no information of such release.
Is there any difficulty in getting light wines from France? Is there a shortage of light wines in France for export? I presume there is tonnage available to bring it.
I should like notice of that question.
Shop-Window Displays
asked the Parliamentary Secretary to the Ministry of Food what steps have been taken to prevent the luxurious display of food in shop windows at this season of the year when a special effort is made to attract custom by this means; and whether he proposes to issue an Order dealing with the subject?
The Director of Food Economy has, in his public speeches and in communications to the trades concerned, laid stress upon the urgent necessity of avoiding all luxurious display of food in shop windows. It is proposed, if necessary, to issue an Order dealing with the subject.
Has it not been found that very little response has been made to the appeal that has been made, and is it not desirable now to take action in the matter?
The cases referred to are not very numerous, but, as my reply states, action will be taken by further Order.
Fish Trade
asked the President of the Board of Trade whether his attention has been called to complaints by members of the fish trade in Glasgow of the fact that fish consigned to that market from Aberdeen are sold in the former place by the box, and carriage is paid on such by weight; but that when opened a large part of the contents is ice, varying in quantity according to the consigner's whim; and if he will see that, in order to remedy this, the actual weight of fish in each box is inscribed on the outside?
My attention has not been called to any such complaints, but if my hon. and learned Friend will send me particulars I will cause inquiry to be made.
Is my hon. Friend aware that these particluars are in the Paper, and will he make score inquiry?
I will make inquiry so far as is possible, but if my hon. Friend has any particulars in his possession and will send them to me, it will make the inquiry easier
Military Service
Dumfries and Galloway Appeal Tribunal
asked the Secretary for Scotland whether the Board of Agriculture of Scotland certified that the twenty-two men of military age and of military fitness, employed as gardeners by the members of the Dumfries and Galloway Appeal Tribunal, are indispensable for the work of raising food for the people?
:I have made inquiry, and find that the suggestion in my hon. and learned Friend's question, that there are twenty-two men of military age and fitness employed by members of the Appeal Tribunal as gardeners is without foundation. Only one such man is employed as a gardener. He is in category C 1, and holds his exemption not from the Appeal Tribunal but from the local tribunal. In only one case have the Appeal Tribunal granted exemption to an employé of a member of the tribunal, and he is not a gardener. The exemption in that case is temporary, namely, till the 3rd of January.
Did the Board of Agriculture for Scotland certify that the great majority were necessary for the production of food?
My hon. Friend must not be too critical in this matter. My informa- tion is that his own male employé of military age received exemption on exactly the same ground as these men.
Is it a fact that the Ministry of National Service has certified that twenty of these twenty-two men are of military age? Has the Secretary for Scotland ever heard of the Ministry of National Service?
Yes, but I do not answer for the Minister, and that question should be addressed to him.
Recruiting Staff
asked the Minister of National Service whether he can now state the conditions under which Army officers at present doing recruiting work will be invited to relinquish their commissions and engage in work in his Department; will the total salaries that they will receive while they are so employed be in every case equal to what they received in pay, gratuity, allowances, and reduced railway fare; and will due notice be given them of any other conditions under which they will be asked to transfer to the Ministry of National Service?
Officers on the recruiting staff who are lent to the Ministry of National Service will not relinquish their commissions, but will be transferred in the following categories while employed by the Ministry of National Service:—
Salaries have been arranged by the Ministry commensurate with the position occupied by officers; but where such salary would not adequately compensate officers for the loss of the military privileges named, it is proposed that they should receive, in all cases, allowance to bring their aggregate incomes up to a level which is fair in the circumstances.
Will they continue to wear uniform as officers or revert to civilian attire?
A number of them are in uniform, but in accordance with the pledge given to Parliament the whole of the control of recruiting will be entirely civilian.
Are any of those officers conscientious objectors like the hon. Gentleman who put this question?
May I ask will the seconded officers continue to be employed?
They are being employed.
Will they be eligible for promotion?
I should like notice of that question. With regard to the question of the right hon. Gentleman (Mr. Tennant) many of them are being actually employed now.
Questions
Food Ships (Protection)
asked the Parliamentary Secretary to the Ministry of Food whether the cargoes of certain ships containing butter and tea which arrived at an eastern port were not landed there but sent to another destination and were torpedoed on the way; and whether he can give the House some assurance that every practical step will be taken to avoid such casualties?
I have been asked to answer this question. It is quite untrue that any ship was lost in the circumstances referred to. I am glad to be able to add that no ship containing food has been lost on the East Coast for a considerable time past under any circumstances whatever. It is possible to give the assurance asked for in the last part of the question in the most positive terms. So well are food ships protected that the percentage of wheat bound for British ports lost in the months of September and October was: all such cargoes and not to food alone. I venture to hope that in view of the publication which has been given to exceptional cases of loss there may be equally wide circulation of these facts.
Insurance Agents
asked the Minister of Labour if he will state the result of his efforts to bring representatives of the insurance companies and the insurance agents together to discuss the recommendations of the Industrial Unrest Committee; if any proposal for increased wages has been made; and, if so, with what result?
asked the Minister of Labour whether he has made representations to the assurance companies concerned with regard to the claim by assurance agents for a war bonus; and whether he can yet state the result?
My right hon. Friend is still in communication with the representative of the insurance companies and agents in regard to this matter, and a proposal is at present under the consideration of both parties.
Will the hon. Gentleman deal generously with these men, as the working of the Act really depends upon them?
I do not think that it is in my right hon. Friend's power to deal entirely with this matter, which would require fresh legislation.
Are we to understand that any arrangement come to will apply to the whole United Kingdom—to Ireland as well as England?
I must have notice of that question.
Apprentices (Engineering and Electrical Firms)
asked the Minister of Labour if he will make a statement as to the position of apprentices in engineering and electrical firms; how the awards of the Committee of Production apply to them; if he is aware that cases have been brought to the notice of the Member for the Harbour Division where apprentices employed by firms holding Government contracts have received no bonus or the award of the Committee of Production; and if he will state whether it was intended to make any distinction between boys and apprentices?
As regards the general position of apprentices in engineering and electrical firms, I would suggest that the hon. Member might apply to my right hon. Friend the Minister of Munitions. The general awards of the Committee on Production for the engineering and foundry trades affect directly only establishments belonging to the Engineering Employers' Federation. Under these awards the advances given to boys and apprentices under eighteen years of age have been—
Naval and Military Pensions and Grants
asked the Prime Minister whether any decision has yet been arrived at concerning the payment of pensions to the dependants of men shot for cowardice?
I cannot at present add anything to the reply given by the right hon. Gentleman the Chancellor of the Exchequer to the hon. Member on the 26th November.
Is the hon. Gentleman aware that no answer was given, and therefore his present answer is stupid?
My ears have caught a word which is not generally admitted here. I did not hear the whole of the hon. Member's question, but the hon. Member should use more Parliamentary language.
I withdraw the word "stupid." I have been raising this matter for nearly nine months, and no answer has been given me previously. I will substitute the word "unsatisfactory."
An answer was given. It was that the matter was under consideration.
asked the Chancellor of the Exchequer whether his attention has been called to the fact that the Southwark Pensions Committee refused to a man of seventy an old age pension, on the ground that having an income of 15s. per week in respect of an allowance from his son in the Army he was debarred from an old age pension; and whether, seeing that in this and similar cases there can be no doubt that the father would have been able to obtain an old age pension had his son not been serving, the Government will arrange that the receipt of a dependant's allowance of whatever amount shall not be a bar to an old age pension?
I am having enquiry made into the particular case referred to by the hon. Member. On the general question of the calculation of the means of claimants to old age pensions who are in receipt of separation allowances, I would refer the hon. Member to the reply given by the Financial Secretary to the Treasury to the hon. Member for Bradford West on the 8th August, 1916.
Are we to understand that there will be further information with regard to the earlier part of the answer?
Yes, Sir.
asked whether, considering that men in the Army who have completed twenty-two years' service for pension may, if they so elect, have their pensions then assessed and paid to them in addition to their pay, with effect from the outbreak of war, a similar concession will be given to officers who have also completed their full service for pension and are detained in the Service on account of the War?
No, Sir; the power of retaining officers, as now exercised, has always existed. With men, the case was different.
Prize Cargoes
asked the Prime Minister if, in the interests of national economy and to save unnecessary manufacture, he can see his way to appoint a Committee empowered to deal with all cargoes which have been condemned as prizes of war, so that any parts or quantity necessary may be distributed among the Departments of the Government requiring such or similar goods and the sales by the Admiralty Marshal be limited to surpluses not so required?
I have been asked to answer this question. My hon. Friend's suggestion respecting the disposal of cargoes is already followed. Departments have the first refusal of all goods in which they are interested. I ought to add that, of course, the Department securing the goods pays the value thereof as determined by the Admiralty Marshal.
Is there a definite arrangement by which these goods are submitted to the Departments, so that they may have the opportunity in every case of seeing whether the goods include anything which they require?
That is always done in the first instance.
Italy
asked the Prime Minister if he is aware of the enemy propaganda throughout Italy that England has been responsible for the scarcity of coal and food and the prices of the same in Italy; what steps, if any, have been taken to counteract these lies; and who or what Department in this country is responsible for our propaganda in Italy?
I would refer the hon. Member to the reply which I gave to my hon. Friend the Member for Kirkdale, Liverpool, on the 22nd of November last, in which I stated that the Department of Information will be glad to give hon. Members privately information as to what is being done.
Has the Government at long last become awakened to the extraordinary importance of contradicting the enemy propaganda in this matter?
I do not know about the "at long last," but they are awake to its importance.
Is the right hon. Gentleman aware that no effort was made to counteract these lies in Italy until attention was called to the matter in this House?
I am not aware of that.
But it is so.
asked the Prime Minister if, in the treaty made between Italy of the one part and Great Britain, France, and Russia of the other, the treaty antecedent and leading up to the entrance of the first-named Power into the War on the side of the Allies, the Powers named secondly agreed to a Clause, numbered 15, in which they, France, Great Britain, and Russia, took it on themselves to support Italy in her not allowing representatives of the Holy See to take any diplomatic steps for the conclusion of peace or in regard to matters pertaining to the present War; if such a Clause were agreed to, does the present Government adhere to it; if not, what steps it intends to take by way of modification or repudiation of it; and, in such an event, what amende it proposes to make to the Holy See and to those citizens of the Empire, and particularly those who are serving with the Colours, whose spiritual interests the Holy See represents?
The question seems based on a misapprehension. The Clause referred to does not affect the spiritual interests of the Holy See nor limit its liberty of action in endeavouring to bring hostilities to a close. The object of the provision is, as I understand it, to secure that the terms of peace shall be settled by the belligerents.
Is there such a Clause in the agreement, apart altogether from the question of spiritual interest? Other interests are involved as well as spiritual interests. If there is such a Clause affecting a matter of importance to large sections of the community in these countries it is a subject on which we are entitled to some detailed information.
I think that it follows from my answer that there is such a Clause. On behalf of my right hon. Friend I have explained the meaning of the Clause.
As so much has been said about it, will the actual text of the Treaty be now published?
May I ask the right hon. Gentleman, in view of his replies, why, in replying to a somewhat similar question by me as to whether such an agreement existed, he suggested that it did not exist?
The hon. Member asked about an agreement as to the existence of which he was entirely wrong. That agreement did not exist.
Is the British envoy at the Vatican still?
Yes.
Will the Noble Lord answer the second part of my question, that, if there is such a Clause in the agreement, do the Government adhere to it or not, and, if they do not, what steps is it intended to take by way of modification or repudiation of it? This is an important subject on which the country is entitled to information.
The hon. Member had better put that question down.
Christmas Adjournment
asked the Prime Minister whether he can now state the business that he intends to take before Christmas; on what day he hopes to move the Adjournment of the House; and when it will reassemble?
I hope to be able to make an announcement on this subject next week.
Navy and Army (Increased Pay)
asked whether the increased pay allowed to the men in the Navy and Army will be paid to the men before the Christmas holidays; and the probable date when these payments will be made?
The Orders and Warrant promulgating the new rates of pay have been issued, and, although the exact dates of payment must depend upon the circumstances if particular cases, I quite expect that payment will be made to the men before Christmas, except in the more distant theatres of war.
What is to prevent the paymasters paying each week the increased money that is due to these men and has been due to them from 29th September?
There is nothing whatever to prevent this being done.
Then why do not they do it?
Inter-Allied Conference
asked the Prime Minister whether he can make a statement on the recent inter-Allied Conference, especially in regard to the co-ordination of naval operations?
I would refer the hon. and gallant Member to the answer which I gave yesterday to the hon. Member for North Somerset, to which I have nothing to add.
Will the naval secretariat be on the same footing as the military secretariat, in permanent session?
I have already said that I can add nothing to the answer which. I gave yesterday.
Man-Power
asked the Prime Minister, in view of the release of many Austro-German divisions from the Russian front, what steps the Government propose to take to increase the man-power at the front?
I am not at present in a position to make any statement on this subject.
Will the matter be dealt with immediately, without any delay whatever?
My hon. and gallant Friend can surely take it for granted that this, which is one of the most important subjects in connection with the War, is not being overlooked.
Titles Deprivation Act
asked the Prime Minister (1) what steps, if any, in accordance with the authorised announcement in June last that the enemies of the Sovereign and the people of Great Britain in possession of any dignities, titles, and social precedence in these countries should be deprived of such honours, have been taken in this direction; what are the dates of such proceedings and the names of the persons affected thereby; (2) whether any and, if so, what steps have been taken under the provisions of the Titles Deprivation Act, which received the Royal Assent on 8th November, for the deprivation of their Royal Highnesses the Dukes of Albany and Cumberland, now in arms against the Sovereign and the people of the British Empire, of the three peerages apiece and of the hereditary seats in the House of Lords held by these traitorous persons?
A Committee or the Privy Council has been appointed under the first Section of the Act, and steps are being taken to prepare for its consideration all the material available.
If there are to be proceedings, why does not the Government urge that they should be taken?
We have to carry out the Act, and I have explained that this is being done.
German Banks
asked the Chancellor of the Exchequer whether he is aware that the German Government have ordered that all balances standing to the credit of English firms in banks in Germany shall be invested in the German War Loan and that the German banks are now claiming that in view of this action by their Government they have no longer any liability for the payment of such balances to their English creditors; and whether, under these circumstances, the Government will now authorise the balances thus illegally dealt with to be paid to the English creditor out of the surplus assets of the German banks in this country?
I have no exact information as to the attitude adopted by banks in Germany with regard to their liabilities to British creditors, but it is understood that the German Government has ordered payment into the Reichsbank of debts due to British subjects. As regards the last part of the question I do not think it would be possible to attempt to deal with particular claims of British subjects apart from the general question of the treatment of British claims against enemy subjects as a whole. This question is receiving exhaustive consideration by a Committee appointed for the purpose.
If the German Government take the money of British individuals, why should we not take the money of German individuals and compensate people here?
We do take the money, but it must be obvious to my hon. Friend that if we were to compensate persons out of these estates we might be robbing other people who have an equal claim.
Income Tax
asked the Chancellor of the Exchequer whether, unlike the representatives of foreign Governments, the representatives of Dominion Governments resident in this country are called upon to pay British Income Tax on their official emoluments; and, if so, if he proposes to take any action in the matter?
It is a fact that representatives of Dominion Governments receive less favourable treatment than the representatives of foreign Powers. I have, however, arranged that, as a provisional measure, pending the general inquiry into the Income Tax laws which is to be held after the War, the Income Tax chargeable upon the salary of a High Commissioner or Agent-General, and any member of his personal staff whom he may certify to be normally resident in the Dominions and to be resident in the United Kingdom solely by reason of his official duties, shall be defrayed from the Civil Contingencies Fund and included in the estimate for repayments to that fund. This arrangement will also apply to any salaried agent appointed by the Government of a British Dominion, State, or Province with regard to whom a similar certificate can be furnished.
In view of the possibility that the War may continue for another year, may I ask whether the Conference will be called early next year, in order to get rid of this grievance.
What Conference?
The Conference with regard to double Income Tax.
This subject cannot be dealt with by question and answer, and I explained the matter over and over again on the Finance Bill.
Infant Welfare
The following question stood on the Paper in the name of Mr. CHAMBERLAIN:
61. To ask the Chancellor of the Exchequer whether the Government Bill to extend to local authorities in England and Wales the powers in respect of maternity and infant welfare already possessed by the local authorities in Scotland and Ireland will be introduced before the House adjourns.
I have been asked to postpone this question, but, while I am ready to do so, may I point out that at this period of the Session which we have reached this matter has become somewhat urgent?
National Health Insurance
asked the Chancellor of the Exchequer whether, having regard to the health requirements of the nation, he is now prepared to sanction the payment of the Grant-in-Aid for administration and medical benefits, the Grant-in-Aid for sanitorium benefit, the Grants to provide for the expenses of medical referee consultants and of specialist consultants in connection with medical benefit and the equipment, etc., of clinics, and also the nursing Grant, all of which Grants have been suspended since the outbreak of War although appearing in the Estimates for National Health Insurance?
The suggestion made in the question will be carefully considered in connection with the Estimates of the National Health Insurance Department for the coming year, but having regard to the general financial situation I cannot pledge myself to the revival of all or any of those Grants at the present time.
Discharged Service Men (Employment)
asked the Minister of Labour whether he has taken into consideration the problem of the discharged sailor and soldier in relation to employment; whether the Engineering and Shipbuilding Trades Central Advisory Committee (Operatives), which advises and assists the Minister in questions arising in the administration of the Employment Exchanges, has advised that in their opinion it is inadvisable, other things, being equal, to give a preference to a man discharged from the forces; and whether this may be taken as the considered policy of his Department?
The problem referred to in the first part of the question has been constantly under the consideration of the Department ever since its formation. One of the most important questions which arises is that of the provision of training, and with regard to this matter the Department, acting in conjunction with the Ministry of Pensions, is advised by trade advisory committees, set up for each of the principal industries concerned. Certain of these committees have already presented their returns, which provide for adequate training for disabled men according to the nature of their disabilities. The answer to the second part of the question is in the affirmative. With regard to this, I should explain that the question whether preference should be given to discharged men is being laid before the central advisory committees established by the Department for various groups of industries. The Minister will not be in a position to decide the policy of the Department until he has received the views of all the committees, which is not yet the case.
When is this likely to be reached, so that another question may be put on this important subject?
I shall be very glad to give the hon. Gentleman the information he asks for as soon as I can.
Assurance Policies
asked the President of the Board of Trade whether, in view of the fact that numbers of the industrial assurance policies belong to sailors and soldiers on Government service, he can say what steps he proposes to take to prevent these men from losing all the money they have paid in years past; and will he have a full inquiry made into this matter so as to prevent financial loss to those who are fighting for their country?
The Courts (Emergency Powers) Act prevents the lapsing of industrial policies for an amount not exceeding £25, premiums on which had been paid for a period of two years before the War, without the consent of the Court. Provision has also been made by which the Civil Liabilities Commissioners entertain applications for assistance in meeting certain financial obligations, including insurance premiums, in cases of hardship arising from military service.
asked the President of the Board of Trade if he is aware that, since the commencement of the War, over 9,000,000 assurance policies have been lapsed, and that this has been done without any Government supervision at all, and without the companies being compelled to disclose to the authorities the amount of premiums paid on such policies, or what these working people have received, or will receive, in return for the amounts they have paid in?
The returns filed under the Assurance Companies Act do not show the total number of lapsed policies or the premiums paid on such policies, but I understand that, as a general rule, two-thirds of lapsed policies have been in existence for less than a year and three-fourths for less than two years.
Is the hon. Gentleman aware that the Prudential, the largest insurance company, have paid to their shareholders, including income tax, over 53 per cent. for the last ten years, and is it fair that such enormous interest should be taken by the lapsing of the policies of poor people? Cannot the Board of Trade do something?
Is the hon. Gentleman aware that the same company cannot pay a war bonus to its miserably-paid agents?
These questions do not appear to arise out of the answer.
Has the hon. Gentleman any information which he can give to the House as to the correctness of the figure mentioned in the question—9,000,000?
No, Sir; that is exactly where we have no information.
Cannot the hon Gentleman get information; it is a very important question?
Is the hon. Gentleman aware that many poor people are unable to gain a living, and that they have been unable to pay their premiums for three or four years, and is it fair to those poor people that the whole of the premiums they paid previously can now be confiscated by the insurance company?
If the hon. Member had listened to my answer, he would have found that policies paid two years before the War do not lapse.
asked the President of the Board of Trade whether any returns are given by industrial assurance companies as to the number of policies upon which the premiums are not being paid and which they are prevented from lapsing by the provisions of the Courts (Emergency Powers) Act of 1914; what action the Government propose to take to see that all persons to which such policies belong are made aware of the fact that such policies still remain in force and that the arrears of premiums can be paid up; and is he aware that notices are sent to these people, after which no attempt is made to collect the premiums?
No returns are made by industrial assurance companies of the number of policies on which premiums are not being paid, but which have not been lapsed owing to the Courts (Emergency Powers) Act. The policy-holders, generally, are no doubt aware of the fact that the policies remain in force, and I have no reason to think that attempts to collect the premiums cease so long as there is any probability of their being paid.
Motor Spirit (Restriction) Order
asked the President of the Board of Trade whether churchgoers are now permitted to use motors to convey them to their places of worship; and if no other form of conveyance is available owing to the conditions of the road or otherwise, and if the people concerned cannot with safety or at all walk, whether or not some provision will be made to meet such cases?
The use of petrol or petrol substitute in a motor car for the conveyance of churchgoers to their places of worship is not permissible under the provisions of the recent Motor Spirit (Restriction) Order, and I regret that the necessity for the utmost economy in the use of motor spirit precludes the possibility of any relaxation of the Regulations to meet the circumstances to which the hon. Member has called my attention.
Ss. "Thomas Holt" (Captain Gladney)
asked the First Lord of the Admiralty whether he is aware of the treatment by the Admiralty of Captain Gladney, late master of the British steamer "Thomas Holt," requisitioned by the Admiralty and employed as a cargo transport; whether he is aware that Captain Gladney became objectionable to the principal naval transport officer at Southampton because of his criticism of the loading and handling of his ship and the use of the same; and that the principal naval transport officer at Southampton made charges against Captain Gladney of insubordination, want of discipline amongst his crew, etc., because Captain Gladney had carried out the instructions of his owners in regard to ships' articles and disciplined members of his crew for absence without leave, and reported such complaints to the Admiralty; whether any inquiry into these charges was ever made by competent authorities with Captain Gladney present at the same; whether the Admiralty insisted upon the owners of the steamship "Thomas Holt" removing Captain Gladney from his command; whether he is aware that Captain Gladney has in consequence been out of employment for a prolonged period, incurring financial loss and loss of prestige; and that he, being desirous of serving his country, offered his services in other capacities to the Admiralty and was refused; whether he is aware that the Admiralty have recently informed the owners, in response to their repeated requests, that Captain Gladney may be reinstated in command provided the steamer does not go to Southampton, but that if the steamer proceeds to Southampton he must not be employed; whether he is aware that, as the owners have no control over the movements of this ship, she may at any time be ordered to Southampton; and whether this treatment of this British shipmaster, who for a prolonged period constantly risked his life crossing the Channel between British and French Channel ports, will be con- tinued or whether he will give instructions to forthwith give orders for this proviso to be cancelled, so that Captain Gladney may once more take command of the steamship "Thomas Holt."
I have not had time to read the papers in connection with this case. Perhaps the hon. Gentleman will put the question down again next week.
Air Force (Transfers)
asked the First Lord of the Admiralty whether, under the Air Forces Bill, the time previously served in the Army or Navy by officers or men transferred to the Air Force is to be added to the time served in the latter Service for the purpose of calculating pension provision; whether in the case of similar transfers between the Army and Navy the time served previous to transfer, unless discharge is due to invaliding, only counts for pension subject to certain conditions and with a limit of time; if he will state the nature of such conditions; and if lie will say what grounds exist for a difference of treatment in the case of the Army and Navy as compared with the Air Force?
The position of officers in this matter is now under consideration between the Admiralty and the Air Board. As regards men, the answer to the first and second parts of the question is in the affirmative. As regards the third part of the question, the maximum time allowed to count for pension purposes when ex-Army men join the Navy or vice versa, in circumstances other than those of invaliding from their earlier Service, is four years, and this is subject to the following conditions: that no time is allowed for which the man received an assessment of character inferior to "fair"; that a break of five years did not elapse between the two Services; that the former Service is acknowledged on entering the sister Service. Here the principle followed is that when it is necessary in the interests of the State to transfer men from one Service to another, their full pension rights should be preserved; but when a man by his own choice elects to join the sister Service instead of re-entering the Service to which he previously belonged, the limitations I have given are imposed, because obviously his service is not immediately so valuable as it would be if he had rejoined his old Service.
Is there any reasonable cause why men transferred from the Navy to the Air Force should have better conditions than men transferred from the Navy to the Army?
I have endeavoured to give an answer to the question put down by my hon. and gallant Friend about the pensions of men transferred from the Navy to the Air Force, but the supplementary question goes beyond that subject.
Local Elections
asked the President of the Local Government Board if he is aware that there is some confusion as to the procedure to be adopted in regard to local elections when the Parliament and Local Elections Act ceases to operate, provincial town councils being advised in some instances that the whole of the members of the council will have to retire at the same time and all the vacancies be filled at the same election, whilst other councils are advised that councillors will retire in the order of their service as before; and if he will make a statement on the subject, and put an end to the uncertainty that now exists in the matter?
My right hon. Friend is advised that the extension of the term of office of councillors made by the Elections and Registration Act, 1915, and subsequent enactments applies to all the councillors, and that consequently at the next statutory election one-third only of the councillors will go out of office, the relative order of their retirement remaining as if the Acts had not been passed. I understand a circular is about to be addressed to local authorities upon the subject, which my right hon. Friend hopes will remove any uncertainty.
Railway Fares
asked whether it is proposed to further raise railway fares, and, if so, to what extent; and from what date it is intended the change shall take effect?
There is no present intention to increase railway fares.
Is it the fact that with the first increase in fares in this country of 50 per cent. the second increase now makes it 80 per cent.?
There has been no second increase.
Ejectment Orders, Dartford
asked the President of the Local Government Board whether he is aware that applications for ejectment orders under the Act of 1915 are being made to the Dartford County Court, on the excuse of wanting reasonable possession; that these houses are mainly, if not all, occupied by munition workers, and if the orders are granted it is not possible for the occupants to obtain other houses in the town or district, for in some cases the houses are being sold in order to get rid of the occupants and so obtain possession; and if he will have the matter investigated so that he may be able to take steps to prevent the evasion of the Act of 1915?
My right hon. Friend does not find that he has received information in respect of the cases referred to. The Ministry of Munitions have certain powers to prevent evictions in munition areas, and perhaps my hon. Friend will bring the facts in his possession to the Minister's notice.
May I ask whether my hon. Friend has communicated with the Ministry of Munitions to ascertain if any action has been taken, or would be taken, to put into force the Order now in operation in Barrow-in-Furness?
I have stated that my right hon. Friend does not find that he has received information on the cases referred to.
I shall put a question next week to the Ministry of Munitions on this subject
Enemy Air Raid
Statement by Mr. Bonar Law
May I ask the Leader of the House whether he can give us any information with regard to the air raid last night?
A raid by about twenty-five enemy aeroplanes took place early this morning.
The first group of raiders came in over Kent at 1.30 a.m., and dropped bombs at various places in and near the coast. A second group made the land shortly after 3 a.m., the various machines proceeding up the Thames and some distance into Kent.
Both the above groups appear to have carried out preliminary attacks with the object of drawing gunfire and exhausting the defences, for it was not until one hour later that the most serious attacks developed.
Between 4 and 4.30 a.m. two groups of enemy machines crossed the Essex coast and three groups the Kent coast, proceeding towards London on converging courses. Their tactical plan seems to have been to deliver five simultaneous attacks on the capital from the north-east, east, and south-west. The whole of one group, however, was turned back by gunfire, and of the others not more than five or six machines penetrated into London.
Two of the raiders fell victims to our defences, in each case the entire crew of three men being captured alive. Some fires occurred in London, but all were speedily got under by the Metropolitan Fire Brigade.
A number of our own aeroplanes went up, and all landed safely.
The casualties reported in London are three killed and ten injured. Outside London four persons were killed and eleven injured.
Land Purchase (Ireland)
asked the Chief Secretary for Ireland whether he is aware that there are twenty tenants in the townland of Keelogues New, county Mayo, and part of the Fitzgerald estate purchased by the Congested Districts Board four years ago; that the average valuation of their rundale holdings is about £4 a year; and that the village is so congested that typhus fever broke out there recently and proved fatal in three cases; and whether the Board intend to provide these congested tenants with economic holding now that the grazing lands on the estate are being divided?
I am informed that there are about twenty tenants in the townland of Keelogues New on the Fitzgerald estate, county Mayo, purchased by the Congested Districts Boards, and that the Poor Law valuation of the holdings is on the average about £4. The Board are not aware of any connection between the outbreak of typhus fever and the congested state of the holdings. The land they have is not sufficient to enlarge many of these holdings to an economic standard, but arrangements are being made for the distribution of the available land amongst congested holders in the neighbourhood.
asked the Chief Secretary whether the Estates Commissioners have yet completed the purchase of the farm of William D. Curtin, of Caherlevoy, Mount Collins, county Limerick, for the purpose of relieving congestion on the Mahony estate which adjoins it; and whether, as it is now a considerable time since they entered into an agreement for the purchase of this farm, they will at once take steps to apportion it amongst the small holders and labourers in the locality, so that they may be able to till it and grow crops in the coming year?
A scheme has been prepared for the allotment of the lands which the Estates Commissioners are acquiring from Mr. Curtin and for the consequent rearrangement of holdings on the Mahony estate. When purchase agreements in accordance with the scheme have been executed by the tenants the Commissioners will complete the acquisition and distribution of Curtin's lands.
How long will it be before the small holders get the land?
It seems to depend upon the execution of certain deeds and agreements by the tenants themselves. Perhaps the hon. Member can hurry them up.
Why did not the right hon. Gentleman tell me that long ago?
I did not tell the hon. Member because I did not know, and I think the probability is that at the time he asked the question the agreements had not been executed.
Agricultural Labourers' Dwellings (Ireland)
asked the Chief Secretary for Ireland the many respects in which the statements and references made by the town clerk of Tipperary in his pamphlets dealing with the Smith-Barry Tipperary loans were incorrect; and whether the borrower was entitled to charge rents varying from £12 to £25 per year for dwellings for agricultural labourers on plans and specifications approved for such a purpose?
It is impossible for me to discuss Mr. Dawson's pamphlets on this subject with the hon. Member in answer to a Parliamentary question. I will point out two fundamental misconceptions underlying the letter Mr. Dawson wrote to me on 23rd November, 1916. In the first place he assumes that the Regulations printed on page 10 of the 29th Report of the Commissioners of Public Works were in force when the loans to Lord Barrymore were made. This error appears to vitiate much of Mr. Dawson's case. In the second place he supposes that there is a deed of charge in connection with these loans containing covenants which can and should be enforced. There is no such deed. The loans are secured not by deed but by a charging order as provided by 10 Vic. cap. 32, sec. 37. There is no power to insert conditions in the Charging Orders and no statutory conditions exist with regard to the use or rental of the cottages after they have been erected.
Is the right hon. Gentleman aware that very considerable dissatisfaction exists in Tipperary in regard to this particular question, and the manner in which these loans are expended and the rates charged?
As to the question of dissatisfaction, the matter has been the subject of correspondence between Tipperary and my office for many months.
Care of Blind
asked the Chief Secretary whether he proposes to set up an advisory committee for Ireland in relation to improvements in the condition of the blind community similar to that being constituted for England and Wales; and what steps he has taken in the matter?
I am in communication with my right hon. Friend the President of the Local Government Board on this subject.
Is the right hon. Gentleman aware that a resolution advocating the establishment in Ireland of such a committee was proposed recently by his Grace the Protestant Primate of Ireland and seconded by the Catholic manager of a Catholic institution for the blind?
I can assure the hon. Member that full attention is paid to opinion in Ireland on this subject and to the great importance of the matter.
Is the right hon. Gentleman aware that attention has been paid to this subject for the last ten years, to my knowledge?
I am glad to be able to inform the hon. Member that there is now a practical proposition.
Personal Explanation
I desire, by leave of the House, to make a personal explanation. In answer to question No. 54 the Under-Secretary for Foreign Affairs stated that a certain treaty existed, and I put a supplementary question to him which carried the implication that he had given me a reply two days ago in a contrary sense. I have consulted the OFFICIAL REPORT, and I find that I am entirely wrong. I desire to express my regret, and to offer an apology.
Bill Presented
NATIONAL INSURANCE (UNEMPLOYMENT) BILL,—"to amend the National Insurance (Part II.) (Munition Workers) Act, 1916, and to amend the National Insurance (Unemployment) Acts, 1911 to 1916, with respect to the proportion to be borne by the amount of unemployment benefit to the number of contributions paid," presented by Mr. GEORGE ROBERTS; to be read a second time To-morrow, and to be printed. [Bill 113.]
National Health Insurance Bill
Reported, with Amendments, from Standing Committee A.
Report to lie upon the Table, and to be printed.
Minutes of the Proceedings of the Standing Committee to be printed.
Bill, as amended (in the Standing Committee), to be taken into consideration upon Monday next, and to be printed. [Bill 112.]
Orders of the Day
Business of the House
May I ask the Leader of the House what business it is proposed to take next week?
We propose to take on Monday the Report of the Coal Mines Control Bill arid the Report of the Supplementary Naval Estimate, and we shall put down the Report stage of the National Health Insurance Bill, in order to take it if there is time.
On Tuesday we shall take the Non-Ferrous Metal Industry Bill and the Report of the War Aims Vote.
On Wednesday and Thursday, Vote of Credit.
Can the right hon. Gentleman say when the Government intend, or whether they have yet decided, to give a day for the discussion of the food question?
I would rather if the hon. Member would wait until I make a statement about business early next week, at least, I hope to do so.
Will there be a Saturday sitting?
I sincerely hope that there will not.
Has the right hon. Gentleman come to any decision about the further stages of the Education Bill?
I can add nothing to what I have said on that subject.
Can the right hon. Gentleman say when he proposes to introduce the Supplementary Vote for Irish secondary education which he promised?
I do not remember that promise, but I will look into the matter.
Can the right hon. Gentleman say when it is proposed to introduce the Education Bill for Scotland?
I cannot name a date, but I have every hope that it will be introduced before the end of the Session.
Will it be under the Ten-minutes Rule, or will there be time for discussion?
:I cannot say.
When will the Petroleum Bill be proceeded with?
I cannot say anything more about that.
May I inquire from the right hon. Gentleman whether the Home Secretary or the Chief Secretary for Ireland have plenary Cabinet powers of decision to accept or reject any proposal made from this side of the House?
I do not understand what the hon. Gentleman means. Any member of the Government in charge of a Bill has very large powers. He exercises them with the knowledge that he gets, if it is necessary, the approval of his colleagues to that exercise.
In this case does the power reside in the Irish Secretary or the Home Secretary? Which is the dominant factor?
The hon. Gentleman is as good a judge of that as I am.
Ordered, "That the Proceedings on the Representation of the People Bill, if under discussion at Eleven of the clock this night, be not interrupted under the Standing Orders (Sittings of the House)."—[ Mr: Bonar Law .]
Motion made, and Question proposed, "That this House do sit to-morrow."—[ Mr. Bonar Law .]
Before this Motion is acceded to, I think we are entitled, in view of the position which developed yesterday, to have some information as to the condition of affairs. I am as anxious as any man can be for the passage of this Franchise Bill; furthermore, I will take part in no attack which, in my opinion, is designed to injure its prospects. I put that in the forefront of my position. So far as that Bill is concerned, I will give the Government every support I possibly can towards its passing. At the same time I do think we are entitled to some reasonable consideration before we give the Government to-morrow for this Bill. What is involved? As on a previous occasion, we may expect the conscientious objector's question—a most important ques- tion affecting many interests which will occupy the whole day, or, at any rate, the cream of the day. That is not, I think, an unreasonable suggestion on my part. There therefore remains, so far as I can make out, the prospect of an all-night sitting to-night in dealing with the measure, or else a very considerable prolongation of to-morrow's sitting, because, if the position remains as it is, we are met on every occasion with an absolute non possumus from the Home Secretary, even in small matters such as that affecting putting on the Whips when the question of proportional representation for Ireland was considered. In small matters like that an attitude of absolute hostility and unreason is taken up towards the Irish representatives.
There will come up for consideration in this matter questions which will undoubtedly affect Parliament for the next fifty years. It is quite unlikely that the redistribution of seats in Ireland will take place for another half-century. I do not think it is at all an unreasonable suggestion when I ask the House: is it fair that these questions which affect us vitally and upon which we entertain most intense feelings, should be thrust into the middle of the night for discussion, and that we should be confronted by a Minister who apparently has his hands tied behind his back, and who will receive no suggestions, and especially when we consider the way in which the university question in Ireland has been treated and the endeavour made to cheat the House out of the possibility of discussing the seat of a Member of the Cabinet? I therefore say that while, under ordinary circumstances, I am quite free to vote for a Friday sitting, or a Saturday sitting, I do think that the thrusting of this question into this House to create dissension and bitterness not merely here, but in Ireland in a time of war, and to do this at the suggestion solely of the Orange leader, is to break the party truce which, in a way, roughly speaking, has stood the test of three years bitter warfare. Let me put it to Mr. Speaker himself. Take the county of Tyrone. Mr. Speaker himself knows that, without evidence and without information, an abominable change has been effected from what was originally proposed, without rhyme or reason except to please the Orange party. Let us have the Prime Minister present.
Carson!
It is said he is at the back of this whole thing, and he is giving to the right hon. Gentleman the Member for Trinity College carte blanche . At any rate we are entitled, in this matter, vital to us and upon which we have the keenest feelings, before accepting this proposal to sit to-morrow, to have some Minister present, and some consideration given to our position. Unless it is so I shall strongly deprecate anything like a suggestion to sit late either to-night or to-morrow.
4.0 P.M
During the first year of the War the custom of this House was to sit only two or three days a week. I myself remember that custom very well, because I frequently protested against it. The custom was extraordinarily inconvenient to Members from Ireland, who were kept here four days doing nothing, the distance being too great for them to go home. English Members, for their own convenience, sat for only two or three days a week; and generally on those days we adjourned before dinner. What. I suggested in those days, and what I frequently appealed to the Government to do, was to do the business of the week in one or two clays, as the case might be, or better still, to do what business was to be done by sitting all the days of the week, as usual, and then to allow the Members to go home and return after a short Recess. That would have been businesslike. In those clays the reason why we only sat two or three clays a week was because the Government had decided that while the War was raging all contentious business should be laid aside. I have no fault to find with that system. On the contrary, I think it was very well devised, only I objected at that time to the method of arrangement. I never objected to a Friday sitting when useful business was to be done. Now, however, in this fourth year of the War, we have thrust aside that understanding, and we are introducing contentious business of every sort and kind. I have never heard any reasonable Minister stand up in his place and explain to the House of Commons, as Ministers can be called upon to explain, why this great principle which governed our proceedings during the first two years of the War should be laid aside and contentious, most contentious, business introduced; at a time when, surely, the War is, to put it at the very lowest, in as critical a situation as ever it was at any period ! I think the Government ought to be called upon in this connection to justify their conduct in calling upon the House of Commons to indulge in contentious business, and to sit to-morrow in pursuance of that policy. I might allude to the Non-Ferrous Metals Bill and to various other contentious Bills that have been introduced, but they all shrink into insignificance compared with the particular matter in which we Irish Members are interested, because it is open to discussion whether they are desirable or not—they are contentious, I doubt not—but whether desirable or not is a matter of opinion. There is no discussion, however, as to the necessity of this proposal, although it is one of the most contentious and more likely to consume time than any other since the War started. It is not only the most contentious, but it is the most wantonly contentious—absolutely unnecessary; I might say grotesquely unnecessary. We have had it on the confession of Ministers that they confidently hoped something would occur in the shape of a Report from the Convention in the next few weeks which would render this nugatory, and the House of Commons during this War is asked to engage night after night in angry contention and to waste its time over a matter which, in all human probability, so the Ministers tell us, will be absolutely nugatory, and never come into effect at all. I want to know, is there any case recorded in history of such folly on the part of the Government as to ask a legislative assembly, in the position in which we are now placed, to devote its time to work of that kind?
There is another aspect of this case which, I think, will recommend itself to hon. Members in all parts of the House, and it is this: If the Government have this time to spare, and are going to call upon the House for extra exertions, why is not the English Education Bill taken, or some measure that is really necessary and is demanded by the people? The English Education Bill is not a contentious matter, or, at least, is not as regards its main provisions contentious. It is eagerly demanded by the country, and Ministers have declared that, in their opinion, it is of urgent importance for the reconstruction after the War, and even for the immediate necessities of the country. But we hear now from the Leader of the House that he is utterly unable to give us any indication as to whether the English Education Bill will be brought forward at all this Session. And it has got to make way for this all important measure to give four seats to the Orange Members—a measure which, in the mind of this enlightened Coalition Government of all the supermen of this country, is far more important than the English Education Bill. There is another measure which I have been urging upon the Government for many months, and for which I know the general public opinion of Great Britain is strong and eagerly anxious, and that is the constitution of a Ministry of Public Health in this country. There are reasons why that is an urgent, and, I may say, a war measure, and I do not think it would be a very contentious measure. Why, if we are going to sit to-morrow, do we not take that up or some other practical scheme, instead of asking this House—and I think it is really a cynical act of audacity on the part of the Government—to sit to-morrow for an indefinite period in order to carry this absurd and utterly unnecessary measure?
I need not go into the long list of measures which are preferable to this Bill as to priority. There are other measures; for instance, Irish education in all its branches, which is extremely urgent for many reasons, into which I need not go now. We shall not be allowed to discuss that, and even the Leader of the House forgot the fact that he had promised, and the Irish Secretary had promised, to give us a Supplementary Estimate for secondary education, but primary education equally demands attention. We are quite willing to come down on Friday or Saturday, or whatever day he fixes, to discuss that, if he will give us the opportunity; but I protest in the most solemn manner against wasting the time of this House on what is, from every point of view, a mischievous, provocative and an unnecessary discussion of a measure which all Members in every part of this House hope will never come into operation at all. It is simply grotesque, and it is on a par with many other operations of this magnificent Government.
I have listened to so many speeches of this kind from the hon. Member for Mayo, that the only regret I feel is that he is not able to find some new adjectives to apply to the Gov- ernment. There was one respect in which his speech was remarkably characteristic. He told us that in the early stages of the War he abused the Government of that time because it only sat for two or three days a week, and now he abuses this Government because it sits for the normal number of days. The hon. Member speaks as if the Government were guilty of introducing unnecessarily controversial legislation. What exactly is meant by controversial legislation? I presume he does not mean Franchise.
Certainly not.
Some people do; he does not. Admitting that the circumstances render that necessary even during war, apart from that, I would point out to the House what must be obvious to every member, that if a war has lasted, unfortunately, as long as this one has, the life of the country does require a larger amount of attention given to legislation than was necessary in the earlier stages of the War. That cannot be avoided. But, as regards this particular measure, the point of view of the hon. Member is very plain and very easy to understand. It is, "Do everything that I and my friends want, and you avoid all controversy."
That is your position.
You do everything Carson wants.
( continuing ): "Do anything, however obviously fair and just in itself, which we do not like, and it at once becomes unnecessarily controversial." I have never been able to see, so far as I can judge, the smallest ground on which anyone can logically take up the position that, if this Bill is to he applied to Ireland, the seats in Ireland ought not to he regulated in the same way as in this country.
Then why did you not put that in the draft of the Bill?
All this was discussed yesterday, and the question as to whether or not we should sit to-morrow to proceed with the Bill does not, I think, directly concern the merits of the Bill itself, but I shall give the best answer I can to that question. From the moment the Bill was introduced, representatives of a section in Ireland which, after all, must be considered—[Interruption.] There is a very good proof of what I have said. Everything they want must be right, but even to mention another section is to, bring in controversy. [An HON. MEMBER: "We do not ask for anything ! "] The moment the Bill was introduced representatives of a section in Ireland stated clearly that when the time came they would have to raise that question in Debate in the House of Commons. As regards the Government, we have been told constantly in the last, day or two that we gave no intimation till the last moment that we intended to deal with this. That is not quite correct. Question after question was put to me months before by hon. Members, and I always gave the same answer—that we would deal with the subject when we came to the Bill.
You gave no answer.
I gave the answer, that we would deal with the subject when we came to the Bill.
It was not in the Bill.
That seems to me, if I may say so, a very irrelevant observation. The subject was obviously in the Bill, but the particular Amendment was not. As I say, we stated we would deal with it when we came to that part of the Bill. We had another reason for not announcing our method of dealing with it before. We thought it was probable, and I at least entertained the hope, that before we reached that stage of the Bill the result of the Convention might have been such as to make it quite unnecessary to take any proceedings of this kind. That has not happened, and we are told now, because we are dealing with this, that that is a proof not only that we do not expect good to come from the Convention, but that we do not want good to come from it. Can anything be more absurd? We have got really to look at this thing both fairly and from a common-sense point of view. We have to consider that, in spite of our wish, it is possible that an election under this Bill might take place before the change had happened in Ireland. It is possible. I sincerely hope that it will not happen, and if I may venture to say—and I would say so especially to the hon. Member for Cork—if hon. Members below the Gangway really desire a settlement, as I certainly do, and as the Government does, I do not think it is too much to ask of them that they should consider that Ulster has a right to some consideration in this matter.
I am willing to give them whatever is their exact arithmetical proportion.
That is not an objection to redistribution. The hon. Member by his interruption admits the fairness of what I have said. I say it is not unreasonable, surely, if you want—as I think you do want—a settlement, to give consideration to the views of the other section of Irishmen, and I would point out this, if I may, to hon. Members below the Gangway. We—I am speaking now for the Government, and in this respect, I think, I am speaking for the House of Commons—all earnestly desire that as a result of the stress of this War, under that pressure, some agreement might be possible which would not be possible after the War is over. We desire it. Is it not absolutely necessary, even from the point of view of hon. Members below the Gangway, that the other section in Ireland should feel that they are fairly treated just as much as hon. Members below the Gangway? I say for myself that, once the question was raised, it was, in my view, utterly impossible that this Government should fail to state that, in their opinion, it was fair that redistribution should be applied to Ireland if the Bill was to apply to Ireland. I should like to say something else. I venture to say, not to Irish Members, but chiefly to British Members of this House, if they want us to succeed surely it is very unwise, not to put it more strongly, to seize every opportunity of attacking my right hon. Friend the Member for Trinity College (Sir E. Carson), of whom at least I can say that, so far as I can judge, he is as anxious as I am to come to some settlement, if possible in the circumstances in which we exist to-day.
We do not believe, and we know him better than you do.
Perhaps my hon. and learned Friend will allow me to express my own view upon that point. If the Bill is to be got through, there is nothing in the hon. and learned Member's argument whether we meet to-morrow or on Monday.
We have no objection to allowing the Bill to go through, if you will drop this thing.
Yes, that is the usual story. Hon. Members opposite will agree if they get exactly all they want. Surely there can be no objection, if the hon. and learned Member for Cork wishes to get on with the Bill, to the course which the Government propose. As regards the statement about sitting on till all hours of the night, there is no such a thing. I do not think, in any circumstances, we can do so, but we think that perhaps an hour or two to-night might enable us to finish the Bill to-morrow. As regards what the hon. and learned Member for Cork said, I do not think he did himself full justice. He said it was his intention to help the Government to get this Bill through with all the ability he possesses. I was in the House for a little while yesterday, when I saw an example of the use to which the hon. and learned Member put that ability, and I think he is underestimating his powers when he says that that is the best he can do to get the Bill through. The hon. and learned Gentleman said the Home Secretary was a Minister with his hands tied behind his back, and he could not meet hon. Members even on small points. Both these estimates of my right hon. Friend are wrong. I am convinced that everyone in the House who has carefully followed the passage of this Bill will agree with me that my right hon. Friend has gone out of his way on every occasion that was possible to meet the wishes of the House as a whole. As regards having his hands tied behind his back, there never in my experience has been a case where the responsibility and decision was left so completely in the hands of the responsible Minister as has been the case with my right hon. Friend, riot because the Government have absolute confidence in his judgment, but for another reason, that when the Bill was introduced we looked upon it rather as the Bill of the House of Commons than of the Government.
And you put on the Whips last night !
We considered it was more a Bill of the House of Commons than of the Government, and for that reason my right hon. Friend has been left far freer discretion than is usually allowed in the case of a Minister conducting a Bill. The hon. and learned Member for Cork said that my right hon. Friend had not power to deal with a small thing like proportional representation for Ireland. Experienced Members of this House will know exactly what that means. My right hon. Friend made it plain yesterday that the one reason why he did not allow the House a free vote on proportional representation was that if such a vote were carried in such an inconvenient form the Bill would be in danger. Surely those are points which a Minister like my right hon. Friend can take into account and to the best of his judgment use his own discretion. I hope that, whatever view hon. Gentlemen below the Gangway may take, they will feel that there will be room for all their arguments in connection with this Bill, and I hope that without undue delay they will alloy this Motion to be carried.
This House has not sat on a Friday almost without exception from January to September. When we came back in October I do say that there was at least an understanding on the part of the majority of hon. Members that they would not be called upon to sit on Fridays unless under very important circumstances. But on one or two occasions since then we have been asked to sit on Friday. I very much object to this Motion, because it prevents hon. Members from attending to their own affairs, and it places a very great strain upon them. Now we are asked to sit to-morrow in order to conclude not only the recommital of the Bill—to which I have no objection—but also to take the Third Reading. [HON. MEMBERS: "Oh, oh !"] I understand that is so.
When is the Third Reading going to be taken?
I understand it is the intention of the Government not only to finish the recommittal and the Report of the same, but also to take the Third Reading either to-day or to-morrow. I object very strongly to taking the Third Reading of this Bill on a Friday. Whatever may be the merits or demerits of this measure, it is the most important Bill that has been introduced since the Reform Bill of 1832. It may be going to do very great good to the country and it may not, but at any rate it is a great revolution, and nobody will deny that. This measure has been discussed in this House for some months, and we are now nearing Christmas, and it is not fair or right to ask the House of Commons to take the Third Reading on a Friday, when many hon. Members have made the necessary arrangements to be in various parts of the country. It is not fair to ask them to sacrifice all that to come down here on a Friday, a day when very few hon. Members attend in order to take the Third Reading of an important measure like this.
Probably after five o'clock.
Yes, possibly after five o'clock. What do the Government gain by this? Suppose they were to take the Third Reading on Monday what would they lose? The Third Reading would be given on Monday I have not the slightest doubt. The only difference would be that this Bill would go to the House of Lords on Tuesday instead of Monday. It is absurd to suppose that the House of Lords is going to return this Bill to the House before Christmas. Under these circumstances what on earth difference does it make to the right hon. Gentlemen whether this Bill goes to the House of Lords on Monday or on Tuesday? To the Members of the House of Commons it makes this difference, that the old traditions will be maintained, and we shall get the measure taken on a day when we can come down at the proper time and seriously discuss the Third Reading. If that were done the House would give an undertaking to only ask for one day to pass the Third Reading. Is it too much to ask the Government to give us one day, and not part of a day like Friday, to discuss the greatest revolution that has taken place in this country during the last eighty years? I hope that the Government will reconsider this point, and that they will allow a proper, reasonable, and decent time for the discussion of this Bill.
As the right hon. Baronet has just said, he only speaks for himself on this matter. If any promise were given to me that we could have the Committee and Report stages by tomorrow, and if I could get an undertaking to have the Third Reading on Monday, I should be glad to make that arrangement.
I only speak for myself, but I earnestly hope the House will give that undertaking. I think hon. Members should give some indication that they are prepared to accede to that proposal.
The course which the Leader of the House has just shown himself so ready to accept shows how reasonable that appeal is. The right hon. Baronet opposite has pointed out that we are going to be asked to pass the last stages of this Bill under totally unprecedented circumstances. We are to sit here to-night after eleven o'clock, and probably we are to sit after five o'clock to-morrow in order to take the Third Reading. The position is that the Third Reading of this Bill is going to be taken at a time when the great majority of hon. Members cannot be present. Such a situation has never happened before certainly in relation to a Bill of this importance. Why are we driven to this extraordinary position? The right hon. Gentleman said he marvelled at the vigour and variety of the epithets which had been used by the hon. Member for East Mayo and the hon. and learned Member for Cork, but I think the occasion now calls for a far grater and more vigorous variety of epithets. The right hon. Gentleman tells us that the Government are now doing the obvious, but the obvious did not appear in the Speaker's Conference, although on that Conference the Orange interest was well represented. The right hon. Baronet was at first a member of that Conference, and I think he will agree with me that the proposal of the Government was never even suggested, and it was not part of the agreed recommendation, that there should be redistribution in Ireland. The Bill was introduced, and the subject was never even mentioned. I think some reference to the subject was made at a later stage, but what the right hon. Gentleman said was, not that it was the obvious thing to do, but that if it became necessary this thing should be done in a separate Bill. It has only become obvious now, and in spite of what the Leader of the House has said, I say that it is being done at the behest and the dictation of the right hon. Gentleman the Member for Trinity College (Sir E. Carson), who is the master, and deservedly so, for he showed how mastery could be gained in our country—
He is a gun-runner !
Yes; he showed how mastery could be gained by illegal drilling and gun-running—
And he dined with the Kaiser !
And the situation we are passing through to-day was the finishing touch to his victory. I would suggest to the right hon. Gentleman that he should have some mercy upon his colleagues in the Government who were at least formerly Liberals. These men, after all, came in to support Ireland in this House, and there should be some limits to the degradation and humiliation to which they are to be subjected. They were driven through the Lobbies yesterday against their convictions. The right hon. Gentleman said that this is the Bill of the House of Commons. Are the Schedules which we are asked to discuss under these conditions the Schedules of the House of Commons? Why did the Government not leave the question of redistribution in Ireland to the House? Had they taken off the hips it is obvious that the free decision of the House of Commons would have been against them, and it was only the intimidation of the Whips upon a corrupt and servile House of Commons that obtained a majority for the Government. There are some objections to the variety and vigour of my epithets, but the epithets that I am employing are more justified of this House of Commons than any House since Fox ordered the House to pass the Treaty of Paris. The hon. Gentlemen opposite are quite justified in the protest that they have made. We are here in the midst of a great War. We are face to face with the greatest problem that any Government or any Parliament has ever had to face. We are in a more critical situation for this country than ever before. The military situation we hardly dare speak of. The situation in regard to food: it is beyond description. I do not think the Food Controller would like to describe the probable situation in a few months time. The situation with regard to labour is serious. This is the situation when the House of Commons is prevented from discussing all these things, when it is turned down on these grave and important matters, and when it must be driven after midnight on Thursday or for a whole day on a Friday in order to give four seats to the gun-runners of Ulster.
The right hon. Gentle man the Leader of the House during the last three years has shown a good temper and a spirit of impartiality and tact which even his most bitter political opponents will not fail to recognise, but it is a rather strange thing that the moment he comes to touch an Irish controversy all the old fires that burned in him in the days of his rhetorical passion at that bench seem to be there again. He rose to-day to defend a defenceless section from Ireland who are represented above the Gangway. It did not strike him at all that there is a larger section which represents in this House the overwhelming mass of the Irish people, and I ask him—if he were not in the House at the time he might consult the right hon. Gentleman the Home Secretary—whether a single Amendment to this redistribution scheme was accepted by the Home Secretary on our suggestion? The policy which the right hon. Gentleman has adumbrated here to-day as the Leader of the House, and as the representative of the Government, is that if a small minority from Ireland have strong views or put forward a demand their views are to be recognised and their demand is to be conceded. It is a characteristic and typical Unionist argument that the voice of Ireland as expressed through the majority of its Members is not to count on a matter of the most vital importance to the people, but that the will of a small section of Irish representatives is alone to be recognised.
I do not think that the right hon. Gentleman gave a fair statement of the ease to the House of Commons. May I bring his mind back to the real situation? The Speaker's Conference was composed of men, English and Irish, of all parties. There were not only representatives from these benches and from hon. Gentlemen below me, but there were representatives from the Ulster Unionist party. The time for the question of redistribution in Ireland to be raised was at the Speaker's Conference. If redistribution in Ireland was to be part and parcel of the scheme of the Speaker's Conference, why was it not decided at the Speaker's Conference for Ireland as well as for England? On the contrary, we have it on the records of the House, as contained in the Report and as subsequently recited by the Home Secretary, that the Sneaker's Conference decided that it was not their business and they did not intend to introduce a scheme of redistribution for Ireland. We are here to discuss a scheme that was unanimously accepted by a Conference which met together to take a great and contentious question out of the arena of Parliamentary controversy, and have it determined by an impartial body presided over by Mr. Speaker. This impartial body issues its Report. It brings its Report to the Government. The Government incorporate the Report in a Bill. The Bill is discussed here in all its aspects. The Members of the House of Commons with almost complete unanimity accept that, part of the Bill in favour of the extension of the franchise, and only at the last moment, when pressure is brought to bear from a small section of Members in this, House who threaten that they will wreck the Bill and prevent the franchise being applied to Ireland, is the question of redistribution introduced. When that threat was uttered the Government shivered and subsequently conceded the demand, just as this Parliament was coerced to abrogate its constitutional functions in pursuance of the revolutionary policy which was laid down by them.
I have no desire to say anything in this House to intensify feeling either here or in Ireland. If any policy of redistribution would lead these Gentlemen to recognise the Imperial need, if not the national need, of conferring self-government upon Ireland, then I would say we are prepared to make many sacrifices. But there is something about this whole transaction that leaves a bad taste in people's mouths. After the Second Reading and in the Committee stage of the Bill this redistribution question was introduced. The right hon. Gentleman says that you cannot have an extension of the franchise without redistribution. The Home Rule Act is on the Statute Book. The Convention is sitting, and it will plan a redistribution scheme of its own if it comes to an agreement. If the Convention fails, nothing need prevent you from introducing a scheme of redistribution for Ireland, not a scheme rushed as this one was, not a scheme prepared by Boundary Commissioners who know nothing of Ireland and not one of whom has any sympathy with the aspirations of the Irish people. The Boundary Commissioners in this country were Englishmen; in Wales they were Welshmen; and in Scotland they were Scotsmen.
Tories !
That may be so. You get Scottish Tories to do your business; we get English Tories to do ours. At all events, they were your own countrymen and that is your affair; it does not concern us. We are here, a small section of this House, to defend Irish interests, and that is what we are doing now. Not only was it a scandal to appoint English Tories, or Radicals, or Liberals to do this work in Ireland, but it was a greater scandal that after these Commissioners had outlined the boundaries you should go behind their backs. You were not satisfied with the verdict of your packed jury, but you proceeded to improve the judgment of the jury in the interests of your Friends. Although you have changed the constituencies in the interests of Ulster Unionists, and although you have never listened to any proposals that we have made in this House on this redistribution scheme, yet when one of us comes forward with Amendments that are practically non-controversial on questions which can arouse no passion, and when we are supported even by Unionists who are our bitter opponents, the Home Secretary, this calm and judicial Minister, actually gets into a perfectly violent rage and passion. At what I believe is nearly the end of a great and conspicuous Parliamentary career it is not worth his while to lose his temper over a matter of this sort. But he grew violent at the very suggestion that there should be proportional representation introduced for two great cities in Ireland. What did he do further? He put on the Whips to vote us down. The right hon. Gentleman the Member for Cleveland (Mr. H. Samuel) and his colleague the Member for Dewsbury (Mr. Runciman), each of them alternatively lead what is called the Opposition. If I were asked to describe them, I should say that they are engaged in a dual leadership which might be called a simultaneity of funk. They have their convictions. A man is entitled to have his convictions even in time of war. It will not ruin the Empire if you vote in favour of proportional representation for Belfast and Dublin. These gentlemen get up and appeal to the House of Commons and to the Minister not to make this a Government question, and not to put on the Government Whips. English members are allowed to determine whether they will have proportional representation for all England—when a vote is taken the Whips are not asked to act on one side or the other—but when we ask for proportional representation for two cities in Ireland, the Whips are put on. The Liberal party are muzzled. The leaders are asked to march into the Lobbies against their convictions, or they remain outside. Is that worthy of the House of Commons? Is it worthy of a great assembly of this character that trick of the loop of this sort should be carried on, I do not care whether on one side or the other?
We proposed proportional representation in Belfast in order that the Nationalists might secure a fair representation, and we proposed it in Dublin in order that the Unionists might secure fair representation there. That was a very modest and just proposal. It would have been an adequate method by which a concession could have been made to labour, because according to resolutions sent to us by labour organisations that was considered the only way by which Labour could break down the scientific political machine. Yet this War Government, this Government which was brought into power to successfully carry the War to a conclusion, put on the Whips to vote us down. Now they come down to the House and ask us to sit till midnight, or till six o'clock in the morning, to expedite the passage of business, which in its carriage up to the present has been a gross insult to the intelligence and to the convictions of the Members of this House. I am not going to attribute blame for this thing to anyone. I am simply going to say that it is a transaction which has not been defended and which cannot be defended. You are robbing Nationalist Ireland of four or five seats. [An HON. MEMBER: "Justly so !"] Any robbery on the side of hon. Members above the Gangway is justifiable. Confiscation becomes one of the Ten Commandments when they agree with it. It may be justifiable robbery, but it is not the business of a War Government that tells the House of Commons, Liberals and Nationalists, Radicals and Labour Members, that they are here to support the Government on all those things that concern the successful pursuit of the purpose for which a War Government should exist to do the work of reaction and the work of the enemies of progress and of liberty, and then to tell us, if we dare to protest against it, that we are assailing a War Government. The right hon. Gentleman might have given more consideration to this question. Difficulties have been raised by it, and there is not an English Member here who is not sick of the dodgery and trickery of the Government.
My right hon. Friend the Member for the City of London (Sir F. Banbury) suggested that there ought to be given for the Third Reading of this Bill proper opportunity for adequate discussion, and it appears to me that that is a request which cannot be gainsaid. This is undoubtedly one of the most important Bills that have been presented to Parliament in modern times. It is certainly the most important electoral Bill since the great Reform Bill of 1832. The Leader of the House said he would be prepared to give fair opportunity for the Third Reading if some general understanding could be arrived at in the House that the other stages should be completed by to-morrow evening. Now the controversy in which we are engaged is primarily a quarrel between the Government on the one band and the Irish Nationalist party on the other. [An HON. MEMBER: "NO, the House of Commons on the other!"] I am referring to this question of Irish Redistribution. All the Amendments which have been put down are in the names of Irish Nationalist Members, and the Debate that will take place will be on those Amendments; and, therefore, I suggest it is primarily for them to say whether such an arrangement as has been suggested by the Leader of the House would be acceptable. From all can gather of the feeling of my hon. Friends below the Gangway it would he entirely unacceptable—
Quite so.
And it is very improbable that any such general agreement can be arrived at for that reason. It is quite impossible for any of us in this House to in any degree blame or censure our hon. Friends below the Gangway for the strong feeling that they have evinced on this matter. That feeling is not merely due to the fact that this is a highly controversial question which has been introduced gratuitously into this Bill against the indignant protests of a large section of the House, it is not merely due to the fact that this is a proposal avowedly made in order to transfer four Nationalist seats to Unionists in Ireland, but the depth of the feeling is very largely due to the fact that there stands at this moment on the Statute Book an Act of Parliament providing for the future government of Ireland, which also provides within itself for the clue representation of Ireland in this House. In that scheme there it contained a Schedule redistributing the seats in Ireland for that purpose, yet the proposals the Government how put forward give the go-by to that Act as if it had never been passed, and as though neither that Act nor anything like it was ever intended to come into operation. That is, I think, one of the chief reasons why hon. Members below the Gangway have taken up such a strong attitude on this matter, and it makes it impossible for us to refrain from sympathising with their view.
The right hon. Gentleman the Leader of the House has said that the course taken by the Government was inevitable, and that they were obliged to introduce within the Bill a measure of arithmetical equality as applied to Ireland. We are told that arithmetical equality based on population is essential if the Bill is to be passed into law; yet at the same time, the Government are enacting and perpetrating a gross and most obvious arithmetical inequality as between Ireland and Great Britain. What possible defence is there for asking Parliament solemnly to enact a new Statute which is to provide that for every 43,000 Irishmen there shall be one member in this House, while England, Scotland and Wales are only to have one member for every 70,000 of population. If the claims of arithmetical equality are put so high they ought to be applied generally, and if the relations between Great Britain and Ireland are in themselves anomalous, then in my opinion the whole question cannot be satisfactorily settled until it is cleared up by one great act of statesmanship. The troubles in which the Government now find themselves are entirely of their own seeking. The Home Secretary says that if hon. Members proposals are carried the Bill will be imperilled. Imperilled by whom? The Leader of the House has to-day observed that this is a House of Commons Bill, that it was intended to be an agreed Bill to be enacted upon the recommendations of the Speaker's Conference. But the Speaker's Conference made no recommendation on this head. So long as the Government adhered to the recommendations of the Speaker's Conference, there was complete agreement on all essential points in the House—the disagreement that did arise was on comparatively unimportant points. When this matter was first proposed we, from these benches, I myself acting as spokesman for my colleagues, begged the Government to adhere to the lines on which the Bill was introduced in this House, and in which it passed its Second Reading and through the Committee stage—the lines which were recommended by the Speaker's Conference—and not to embark on these controversial topics. Personally, I must express my deep regret that at this stage up to which the Bill has been piloted by the Home Secretary with consummate Parliamentary skill, and which it has reached with an entire absence of heat, it should have been thought necessary, at the last moment, by the Government to embark upon this wholly unnecessary and gratuitous controversy.
The party to which I have the honour to belong has sat down under a good many insults during the past few days, insults from hon. Members from my own country below the Gangway, and also from occupants of the bench from which the right hon. Gentleman the Member for Cleveland (Mr. Samuel) has just spoken, and I think it is very nearly time someone as representing that party should say a word or two. A good many epithets have been applied to the party, most of them not very complimentary, and some very offensive. One not very complimentary was the use of the word "defenceless" by the hon. Member for West Belfast (Mr. Devlin), as applied to my party. I only desire to say this to my friends below the Gangway and to the House generally. I have been told that the starting of this controversy is entirely the work of the Ulster party: that we have put pressure—I think it has even been suggested that we have used threats to destroy the Bill which have resulted in the Government taking the coure they have taken, and that, therefore, we are responsible for the inauguration of this controversy. I will just ask the House, and hon. Members below the Gangway specially, to carry their minds back rather over three years and see if they remember, shortly after the declaration of war, the passing of an Act now known as the Home Rule Act. That surely could not be regarded as a non-controversial measure, but that Bill was brought before this House, and passed through it by the Government of the day after the declaration of war, and after the declaration of a party truce. [HON. MEMBERS: "No, no!"] And now, after a lapse of three years the Ulster party is accused of breaking the party truce, or of being the cause oh the party truce being broken. If we are to be told that we are responsible for this controversy regarding what we consider a small matter of justice, then I say the memories of the Members of this House have already become as snort as, I ant afraid, we, in Ulster, always thought they would be.
I should not have ventured to intervene in this Debate but for the implied suggestion that this is being regarded by the House of Commons as predominantly a matter between the two parties of Irish representatives in this House. I intervene as an English Member with a most serious protest in my own mind against what I regard as, on the part of the Government, a grievous breach of faith. The right hon. Gentleman the Leader of the House referred to this Bill as a House of Commons Bill. Does he venture to suggest for a single moment that if the proposals which are now made in connection with the Bill, and if various other propositions now contained in the text of the Bill had been put forward by the Government when the Bill was first introduced, it would have had a moment's chance of being regarded as a non-contentious measure? I speak as one who, when the Government introduced the Bill, made up my mind consistently to support it in every division, and I did so because I realised that in a time of war like this where a measure of immeasurable importance in the interests of the country was concerned we could not hope for its solution unless there were a body of agreed opinion in all parts of the House. I may tell the right hon. Gentleman one thing at least which the Bill has done, so far as I, an individual Member of the House of Commons, am concerned. By the proceedings of the Government in connection with this Bill during the lash week it has been made absolutely impossible for me for the future to rely upon any assurances of the Government in connection with any legislative proposal they may announce. I confess quite freely there are questions which have been questions of acute controversy between political parties in this House for years past that I for one had fondly hoped we might reach a fair and equitable settlement of even during, the currency of the War. But the right hon. Gentleman and his colleagues in the last week have destroyed every chance of that possibility, and I want to say quite frankly, as one interested in the subject, that I feel I have been betrayed by the action of the right hon. Gentleman and his colleagues.
I only want to utter one short sentence. I do not think that, so far, I have spoken on this Bill. The real reason we find ourselves in this position is that instead of this being a Coalition Government it is now a complete Tory or Conservative Government. If any hon. Member doubts that he has only to look at the Front Bench at this moment.
5.0 P.M.
:I did not intend to intervene in this Debate and should not have done so but for certain remarks made by hon. Members—I hope I may call them my hon. Friends—below the Gangway. A great deal has been said about this being a question of four seats to be taken by the Orange party from the Nationalists, and I wish on behalf of my hon. Friends to suggest that we have a clear right to those four seats on the principle of one man one vote, and that is all we ask for. I also wish to ask whether, when this measure of redistribution for Ireland was considered at the Speaker's Conference, there was any member of the Irish Unionist party present? I do not think there was, because the hon. and gallant Member who is now a member of the Government had left the Conference, and the hon. Member who was appointed to act in his place was not in attendance. Therefore, I say, in my belief, there was not present any Member of the Ulster party at that time. What I do wish to say—and I leave it to the wisdom of the House—is, Let us decide between ourselves and those below the Gangway. It is a question, in a great measure, of enfranchising a million of people in Ireland without giving redistribution. I am speaking without any knowledge on the part of my colleagues and myself, but if anything comes out of the Convention—and, as the hon. and learned Member for Waterford (Mr. Redmond) knows, I have been trying as much as any man in this House to do my best in that matter [HON. MEMBERS: "Hear, hear !"]—the logical point is to withdraw both redistribution and enfranchisement till after the Convention has made its Report, and if it fails to come to an agreement to have a fresh Bill including both points. He made the point, Why drop this redistribution Bill?
Do you want to drop it?
Are you willing to do so?
No.
Those hon. Members are not willing to do it unless everything is given to them.
Do you want to drop the Franchise Bill?
No.
Neither do we.
We want to come to an agreement. There the House has the answer of the hon. Members below the Gangway—they will not give m redistribution that will be fair to us. So far as I and my colleagues are concerned, we will bitterly oppose the hon. Gentlemen on that point. I only want to appeal to the hon. and learned Member for Waterford, who, I remember, in the old days, when he joined the recruiting party, did more to help me than anyone below the Gangway—
And this is the reward given for it !
I wish to say to the hon. Member for Cork (Mr. T. M. Healy), whom I know as a personal friend, that I wish lie would not use that great brain of his for giving utterance to language which I must say is only worthy of a local solicitor in a Police Court. What I would say to the hon. and learned Member for Waterford is that I want to tell him and advise him that the remarks that have been made here yesterday and to-day have done the worst service to the hopes of the success of the Convention.
I want, before the House comes to a decision, to make one remark as to what the hon. Member for West Belfast. (Mr. Devlin) said with regard to the Speaker's Conference. He referred to the fact that the Speaker's Conference practically found against th question of carrying redistribution as tar as Ireland. [HON. MEMBERS: "Hear, hear !"] I want to point out that that does not really agree with the Report of the Conference. The Speaker's Conference left all this question of redistribution for Ireland entirely outside their Report, and the reason is very obvious if the House will consider it for a moment. It lies in the question of time. More than a year has elapsed since the matter was before the Conference over which you, Speaker, presided. At that time the Home Rule Act was on the Statute Book. There was no Conference sitting to consider any further measure of self-government for Ireland, a Conference which every Member in the House, I think, hopes will shortly—we do net know how shortly—arrive at some conclusion. It may or may not be on the lines of the Home Rule Act—we cannot possibly tell-but at that time the Home Rule Act was on the Statute Book and held the field. During those twelve months much water has run under the bridge, and now we have the reason from the Leader of the House to-day—a reason which I think is absolutely sufficient—for the urgency of this question of redistribution. We are now in the position that it is clear, and very possible if not very probable, that there may have to be an election held before that Conference can report, or before its Report can be given legislative effect. That being so, the whole of the case about the trickery of the Government in introducing this into the Bill at the eleventh hour, it seems to me, absolutely falls to the ground. If the Government had put it in their original Bill they would have been practically taking a decision opposite to that which the Speaker's Conference took, because the original Bill was drafted many months ago. It is entirely a question of time, and it seems to me appropriate to render this small act of justice and to redistribute so as to give some kind of approximation, so far as inside Ireland alone is concerned, to the principle of one vote one value. There is no shadow of doubt in my mind that had the circumstances of the time when the Speaker's Conference was sitting been what they are now, this question could not have been left out, with the prospect of an election being held without any measure of redistribution in Ireland.
I am encouraged to say a few words by a sentence that fell from the hon. and learned Member for Cork (Mr. T. M. Healy) not very long ago. He said, and I think with great fairness, that he was quite ready that an equitable distribution of seats should be made in Ireland, provided that the arrangement proposed really was a fair and reasonable one, and so long as regard might be had not only to population but to all the circumstances of the case. If that is his view, as I have no doubt it is his view, I must say there is not very much between us. The only point before us to-day is whether the House will sit to-morrow or wait until Monday before coming to the final consideration of redistribution, especially as regards Ireland. That, of course, is a small matter. We think it far better that the House should sit to-morrow, but the important point is this: If the hon. and learned Gentleman means what he says—and he usually does mean what he says—we are quite ready to consider when we come to discuss the details of the Schedule any objections which hon. Members from Ireland, in whatever quarter of the House they sit, have to urge on the details of the Schedule. Nobody could be more anxious than I am, or my right hon. Friends are, to arrive at a decision which would be fair and just. We thought, and we think still, and we hold the opinion very, strongly, that if you are giving, as we all desire to give, an extended franchise to the Irish constituencies, it follows necessarily—certainly it follows from the point of view of justice—that you must consider the distribution of population among the constituencies fairly. That is the view we hold; it is the view which I have expressed often in this House; and if that principle were once accepted no one could be more ready to consider the details of the matter and to endeavour to arrive at some fair arrangement all round than I am. It is a matter of great concern, of course, to me, and to all of us, that in the last stage of this Bill this kind of controversy should have arisen. I am more than sorry for it, but we are doing what we think is the fair thing in bringing the matter before the House.
May I just say this? If there is an opportunity between now and to-morrow, or between now and Monday, of going into the details with hon. Members from all parts of the House and seeing whether there is some question of detail, upon which hon. Members desire to be satisfied, then, of course, that proposal would be considered by us with every possible desire to arrive at some arrangement. I do not want to have a conflict at the last moment. The right hon. Gentleman (Mr. H. Samuel) has said very fairly that we on this side of the House have conducted the Bill, as he has watched it from his side, with every desire to avoid controversy. We cannot give up the proposal to have a redistribution of seats in Ireland as well as in Great Britain. [HON. MEMBERS: "Why?"] Because we do not think it would do justice to Ireland. Subject to that condition, any proposal which may be made for considering the details of distribution would, I am sure, be considered in all quarters of the House with the desire to arrive at some decision which would be satisfactory to all parties. I hope the House will meet to-morrow. We have a good deal to do still with the Bill. We have to deal with the question of conscientious objectors first, and I see very little prospect, after the time which has elapsed on this Motion, of getting much beyond that part of the Bill to-day. But I hope that as hon. Members from Ireland are here and are seised of the matter they will consent, and the House will consent, to carry the matter into to-morrow, and see how far we can get. It may be—and I think very likely will be—that we cannot get to the end of all things to-morrow, but I should think it a very serious thing indeed if the proposal of the Government to sit to-morrow were to be defeated to-day. That course would be a very serious one indeed, and I am sure that all those Members who have the interests of the Bill at heart would hesitate long before they voted against this Motion.
I do not intend to take any part in the controversy which has been going on this afternoon; but I feel bound to intervene for one moment, in consequence of the substance and tone of the speech of the Home Secretary, which I appreciate and recognise. As I understand his proposal, it is that he is not wedded to the details of the scheme as on the Paper, and that he is quite prepared to discuss those details with an open mind, so as to make his scheme fit in with what we believe to be the justice of the case. I understand that he has suggested that between now and to-morrow we might have some consultation upon this matter. I put it to him, as a fair man: Does he really think that between now and to-morrow such a thing is possible? It has taken weeks and months of discussion on similar questions with regard to Great Britain, and it would be quite impossible between now and to-morrow to investigate these questions. What I would suggest to the right hon. Gentleman is that he should withdraw the Irish redistribution portion of this Bill; that he should then take time—not undue time, but necessary time—to frame and introduce a separate Bill. Remember that Parliament is not, as I understand, going to be prorogued before Christmas. As I understand the arrangements which now have become necessary, what will happen is that we will go on with the business of Parliament up to some date very near Christmas, then take a short adjournment, and then come back to finish the Session. That will be necessary in order to enable the House of Lords to deal with this Bill and send it back to this House. That being so, there is no urgent necessity for passing this ill-considered—this unconsidered—redistribution scheme for Ireland at this moment. I think if the suggestion I have made is considered by the House for a moment it will be thought a fair and a moderate suggestion, and I make it to the fair mind of the Home Secretary. His proposal that we should do this between now and to-morrow, and rush this through on a Friday afternoon, or a Friday night, is impossible; and if the Government persevere on those lines it means a wrangle and a bitter controversy on the floor of this House, which is a thing I deplore with all my heart.
Let me say to the hon. and gallant Gentleman above the Gangway (Colonel Sharman-Crawford), of whose anxiety for a fair settlement of this question I have had many evidences, inside and outside the Convention, that we have no desire to deprive Ulster of her fair number of representatives. I do not think I am violating any secrecy when I say that the hon. and gallant Gentleman and his Friends who have been working in harmony with us on the Convention, have had solid proofs given by us that we have no such desire. That being so, and it being only a question of seeing that this scheme really does fairly carry out the interests and rights of all parties in Ireland, I say that the action of the Government in trying to press this matter through by to-morrow night is utterly unreasonable. The better course for them to follow would be to introduce a Bill after full and careful consideration. They would have no difficulty in finding time for an adequate discussion of such a Bill and passing it into law before Parliament is prorogued. I commend that course to the House.
I need not say that I appreciate the moderation of the statement which the hon. and learned Member for Waterford has just made, and, if it were possible, we should gladly fall in with his suggestion. But it really is not possible. [HON. MEMBERS: "Why?"] I will tell the House why I think so. It is only another way of asking, in effect, for what we have been debating the last two days in this House. The position is that what the hon. and learned Member suggests is that we should let this Bill go through without this question being raised, and then bring in another Bill dealing with Ireland by itself. That is the very question that is in dispute. I am very sorry that it is in dispute. I am sure everyone in the House would regret profoundly if, at the last moment, from a cause like this, for which, perhaps, nobody in particular is as much to blame as each of us feels inclined to blame the other, a Bill which has engaged so much of the attention of the House, and which has been dealt with, on the whole, with so much good feeling and a desire to meet the views of each other, should be endangered. It must, however, be obvious to every Member of the House that now we have reached this stage, when the Government has put down this Motion, which means that in our opinion we simply think that this discussion to-morrow is necessary, and when we ask the House to take the Government's time—it must be our time—if the House of Commons cannot do that, the position in regard to the Bill will become a very serious one. I sincerely hope that the House will now allow this Motion to be taken and that whatever discussion is necessary on the other subjects shall take place to-morrow. I have already shown we are very far from desiring to drive the House as regards time. It is entirely a question of the convenience of the House as a whole that we desire to get the Bill passed to-morrow. I should have been quite ready to postpone the last stages of it until Monday if we could have got greater agreement, but as it is obvious that in this matter there is a real difference of opinion and no statement from the hon. and learned Member or myself can prevent that, and in view of what I have said, I hope the House will give their assistance and allow the substance of the discussion to take place to-morrow.
May I, by the indulgence of the House, make a suggestion—I am not going to debate anything. I can see why the right hon. Gentleman has not accepted the suggestion of the hon. and learned Member for Waterford. I now make this suggestion, which I make for myself alone, namely, that this matter under controversy between us should be remitted to Mr. Speaker. Mr. Speaker has already suggested, I understand, a conference between himself, the hon. and learned Member for Waterford and somebody representing the other side. The hon. and learned Member for Waterford has fairly and honestly stated what represents the Nationalist point of view, namely, that they are quite willing to give Ulster Members the full share of seats to which they are entitled. It is not a very difficult matter on the whole. For my part, if the hon. and learned Member for Waterford will confer with Mr. Speaker and somebody on the other side representing the Ulster Unionists, I should be quite willing to accept any arrangement come to by those Gentlemen.
If the Leaders of the House would see his way to adopt my suggestion and introduce a new Bill, nothing would give me greater pleasure than to take part in such a conference and do my best to see the Bill through.
Does the hon. and learned Member for Waterford contemplate that the Bill should deal both with the franchise and redistribution?
No; my position is founded on the Report of Mr. Speaker's Conference. I stand by that agreement. That agreement would not have been come to as a unanimous agreement if this controversial matter had been put into it. We stand by the Report as it came from Mr. Speaker's Conference, which included the immediate extension of the franchise.
I should have thought that by far the easiest way out of the controversy was to cut out the Redistribution Schedules here and then to cut out the Franchise portion in another place, if that solution would be acceptable to hon. Members. [HON. MEMBERS: NO, no!"] It is a strictly logical and reasonable settlement, especially if you are going to bring in a new Bill drafted to deal with that very subject. I quite agree with what was said by the right hon. Gentleman the Member for Cleveland (Mr. H. Samuel), that in view of the position of the Home Rule Act and of the Convention it would be undesirable to have an air of meddling with the settlement. It would be far better to postpone the whole subject, on the understanding that it was dealt with in a new Bill in the spring.
Question Put, "That this House do sit to-morrow (Friday)."
The House divided: Ayes, 226; Noes, 99.
Divison No. 132] AYES. [5.24 p.m. Addison, Rt. Hon. Dr. Christopher Duncan, C. (Barrow-in-Furness) Mitchell-Thomson, W. Adkins, Sir W. Ryland D. Du Pre, Major W. Baring Mond, Rt, Hon. Sir Alfred Allen, Major W.J.(Armagh, N.) Edwards, Clement (Glamorgan, E.) Morgan, George A. Archdale, Lieut. Edward M. Fell, Arthur Morison, Thomas B. (Inverness) Archer-Shee, Lient.-Col. Martin Finney, Samuel Munro, Rt. Hon. Robert Baldwin, Stanley Fisher, Rt. Hon. H. A. L. (Hallam) Needham, Christopher T. Banbury, Rt. Hon. Sir F.G Fisher, Rt. Hon. W. Hayes (Fulham) Neville, Reginald J.N. Banner, Sir John S. Harmood Fletcher, John Samuel Newman, Major John R.P. Barnes, Rt.Hon. George N. Forster, Rt. Hon. Henry William Nicholson, William G, (Petersheld) Barnett, Captain R. W. Foster, Philip Staveley Nield, Herbert Barnston, Major Harry Gibbs, Col. George Abraham Norton Griffiths, Sir J. Barrie, H. T. Goulding, Sir Edward Alfred Orde-Powlett, Hon. W. G. A. Bathurst, Col. Hon. A. B.(Glouc., E.) Greenwood, Sir Hamar (Sunderland) Parker, Rt. Hon. Sir G. (Gravesend) Bathurst, Capt. Sir C. (Wilts, Wilton) Greig, Colonel J. W. Parker James (Holifax) Beauchamp, Sir Edward Gulland, Rt. Hon. John William Partington, Hon. Oswald Beckett, Hon. Grevase Gwynne, R. S. (Sussex, Eastbourne) Pearce, Sir Robert (Staffs, Leek) Bellairs, Commander C. W. Hall, D. B. (Isle of Wight) Pearce, Sir William (Limehouse) Bean, Arthur Shirley (Plymouth) Hall, Lieut.-Col. Frederick (Dulwich) Pease, Rt. Hon. Herbert Pike (Darlington) Bentham, G. J. Harmsworth, Cecil (Luton, Beds) Peel, Major Hon. G, (Spalding) Bentinck, Lord H. Cavnedish- Harmsworth, R. L. (Caithness-shire) Pennefathre, De Fonblanque Bethell, Sir J. H. Harris, Rt. Hon. F. L. (Worcester, E.) Perkins, Walter F. Blair, Reginald Harris, Percy A. (Leicester, S.) Peto, Basil Edward Bliss, Joseph Henry, Sir Charles (Shropshire) Philipps, Maj-Gen. Sir Ivor (S'hampton Boles, Lieut.-Colonel Denis Fortescue Hewart, Sir Gordon Philipps, Sir Owen (Chester) Boscawen, Sir Arthur S. T. Griffith Hickman Brig.-Gen. Thomas E. Pollock, Sir Ernest Murray Bowden, Major G. R. Harland Hohler, G. F. Pratt, J. W. Brassey, H. L. C. Holt, Richard Durning Pretyman, Rt. Hon. Ernest George Bridgeman, William Clive Hope, James Fitzalan (Sheffield) Price, Sir Robert J. (Norfolk, E.) Brookes, Warwick Howard, Hon. Geoffrey Prothero, Rt. Hon. Rowaland Edmund Broughton, Urban Hanion Hughes, Spencer Leigh Pryce-Jones, Colonel E. Brunner, John F. L. Hunter, Major Sir Charles Rodk. Rawson, Colonel R. H. Bull, Sir William James Jackson, Lt.-Col. Hon. F. S. (York) Rea, Walter Russell (Scarborough) Brudett-Coutts, W. Jessel, Col. Sir Herbert M. Rees, Sir J. D. (Nottingham, E.) Butcher, John George Jones J. Towyn (Carmarthen, East) Remnant, Col. Sir James Farquharson Carew, C. R. S. Jones, W. Kennedy (Hornsey) Richardson, Albion (Peckham) Carnegie, Lieut.-Colonel D. G. Jones, William S. Glyn- (Stepney) Roberts, Rt. Hon. George H. (Norwich) Carson, Rt. Hon. Sir Edward H. Joynson-Hicks, William Roberts, Sir J. H. (Denbighs) Cator, H. S. Keswick, Henry Roberts, Sir S. (Sheffield, Ecclesall) Cautley, H. S. Kinloch-Cooke, Sir Clement Rowlands, James Cave, Rt. Hon. Sir George Knight, Captain E. A. Rutherford, Sir John (Lancs., Darwen) Cawley, Rt. Hon. Sir Frederick Lambert, Rt. Hon. G. (Devon, S, Molton) Rutherford, Watson (L'pool, W. Derby) Cecil, Rt. Hon. Evelyn (Aston Manor) Law, Rt. Hon. A. Boner (Bootle) Samuels, Arthur W. Cecil, Lord Hugh (Oxford University) Layland-Barratt, Sir F. Samuel, Rt. Hon. Sir Harry (Norwood) Cecil, Rt.Hon.Lord Robert (Herts, Hitchin) Lee, Sir Arthur Hamilton Samuel Rt. Hon. H. L (Cleveland) Chamberlain, Rt. Hon. J. A. Levy, Sir Maurice Sanders, Col. Robert Arthur Cheyne, Sir W. W. Lewis, Rt. Hon. John Herbert Scott, A. MacCallum (Glas., Bridgeton) Clive, Col. Percy Archer Lindsay, William Arthur Scott, Sir S. (Marylebone, W.) Coates, Major Sir Edward Feetham Locker-Lampson, G. (Salisbury) Sharman- Crawford, colonel R. G. Coats, Sir Stuart A. (Wimbledon) Long, Rt. Hon. Walter Shaw, Hon. A. Collins, Godfrey P. (Greenock) Lonsdale, Sir John Brownlee Smallwood, Edward Collins, Sir W.(Derby) Lough, Rt. Hon. Thomas Smith, Rt. Han. Sir F. E. (Walton) Colvin, Col. Richard Beale Lowe, Sir F. W. (Birm., Edgbaston) Smith, Sir Swire (Keighley, Yorks) Compton-Rickett, Rt. Hon. Sir J. Loyd, Archie Kirkman Soames, Arthur Wellesley Coote, William M'Calmont, Brig.-Gen. Robert C. A. Spear, Sir John Ward Cornwall, Sir Edwin A. MacCaw, William J. MacGeagh Stanley, Rt. Hon. Sir A. H. (Asht'n-u-Lyne) Cowan, Sir W. H. M'Curdy, Charles Albert Stanton, Charles Butt Craig, Herbert J. (Tynemouth) Macdonald, Rt. Hon. J. M. (Falk. B'ghs) Starkey, John R. Craig, Colonel James (Down, E.) Macleod, John Mackintosh Staveley-Hill Lieut.-Col. Henry Craig, Norman (Kent, Thanet) Macmaster, Donald Strauss, Arthur (Paddington, North) Cralk, Sir Henry McNeill. Ronald (Kent, St. Augustine's) Sykes, Col. Sir A. J, (Ches., Knutsfd.) Croft, Brigadier-General Henry Page Macpherson, James Ian Sykes, Colonel Sir Mark (Hull, Central) Currie, George W. Maitland, Sir A. D. Steel- Terrell, G. (Wilts N.W.) Dalziel, Davison (Brixton) Malcolm, Ian Thorne, G. R. (Wolverhampton) Davies, Ellis William (Elfion) Marks, Sir George Croydon Tickler, T. G. Davies, Sir W. Howell (Bristol. S.) Marriott, J. A. R. Touche, Sir George Alexander Davies, M. Vaughan- (Cardiganshire) Mason, James F. (Windsor) Toulmin, Sir George Denison-Pender, Captain J. Meux, Admiral Hon. Sir Hedworth Turton, Edmund Russborough Denniss, E. R B. Meysey-Thompson. Colonel E. C. Walker, Colonel William Hall Dickinson Rt. Hon. Willoughby H. Mildmay, Lt.-Col. Rt. Hon. F. Bingham Walsh, Stephen (Lancs., Incs.) Duke, Rt. Hon. Henry Edward Millar, James Duncan Ward, W. Dudley (Southampton) Wardle, George J, Wilson, Capt. A. Stanley (Yorks, E.R.) Wood, Rt. Hon. T McKinnon (Glasgow) Wason, Rt. Hon. E. (Clackmannan) Wilson, Rt. Hon. J. W. (Worcs., N.) Worthington Evans, Major Sir L. Wason, John Cathcart (Orkney) Wilson, W. T. (Westhoughton) Yate, Colonel C. E. Watson, Hon. W. (Lanark, S.) Winfrey, Sir Richard Whiteley, Herbert J. Wing, Thomas Edward TELLERS FOR THE AYES.—Lord Edmund Talbot and Capt. F. Guest Williams, Col. Sir Robert (Dorset, W.) Wood, John (Stalybridge) Williamson, Sir Archibald
NOES. Adamson, William Graham, Edward John O'Dowd, John Ainsworth, Sir John Stirling Greenwood, Sir G. G. (Peterborough) O'Malley, William Anderson, W. C. Gwynn, Stephen Lucius (Galway) O'Neill, Dr. Charles (Armagh, S.) Arnold, Sidney Hackett, John O'Shaughnessy, P. J. Baker, Joseph Allen (Finsbury, E.) Harcourt, Robert V. (Montrose) O'Shee, James John Baring, Sir Godfrey (Barnstaple) Hayden, John Patrick Outhwaite, R. L. Birrell, Rt. Hon. Augustine Healy, Maurice (Cork) Parrott, Sir James Edward Bowerman, Rt. Hon. C. W. Healy, Timothy Michael (Cork, N.E.) Ponsonby, Arthur A. W. H. Brady, Patrick Joseph Hearn, Michael Louis Price, C. E. (Edinburgh, Central) Bryce, J. Annan Hinds, John Raffan, Peter Wilson Burns, Rt. Hon. John Hogge, James Myles Reddy, Michael Clancy, John Joseph Joyce, Michael Redmond, John E. (Waterford) Clough, William Keating, Matthew Redmond, Capt. Wm. A. (Tyrone, E.) Condon, Thomas Joseph Kennedy, Vincent Paul Robinson, Sidney Cosgrave, James King, Joseph Rowntree, Arnold Crumley, Patrick Lamb, Sir Ernest Henry Sheehy, David Davies, David (Montgomery Co.) Lambert, Richard (Wilts, Cricklade) Sherwell, Arthur James Davies, Timothy (Lincs., Louth) Law, Hugh A. (Donegal, West) Smith, H. B. Lees (Northampton) Devlin, Joseph Lundon, Thomas Smyth, Thomas F. (Leitrim, S.) Dillon, John Lynch, Arthur Alfred Sutton, John E. Doris, William M'Callum, Sir John M. Taylor, John W. (Durham) Duffy, William J. McGhee, Richard Taylor, Theodore C. (Radcliffe) Edwards, John Hugh (Glamorgan, Mid) MacNeill, J. G. Swift (Donegal, South) Thomas, Rt. Hon. J. H. (Derby) Essex, Sir Richard Walter MacVeagh, Jeremiah Thorne, William (West Ham) Farrell, James Patrick Mason, David M. (Coventry) Trevelyan Charles Philips Ffrench, Peter Meehan, Francis E. (Leitrim, N.) White, J. Dundas (Glasgow, Tradeston) Field, William Molloy, Michael White, Patrick, (Meath, North) Fitzgibbon, John Molteno, Percy Alport Whitehouse, John Howard Fitzpatrick, John Lalor Morison, Hector Whitty, Patrick Joseph Flavin, Michael Joseph Morton, Alpheus Cleophas Williams, Aneurin (Durham) France, Gerald Ashburner Muldoon, John Williams, Penry (Middlesbrough) Galbraith, Samuel Nolan, Joseph Glanville. Harold James Nugent, J. D. (College Green) TELLERS FOR THE NOES.—Mr. Mooney and Mr. Boland. Goddard, Rt. Hon. Sir Daniel Ford O'Connor, John (Kildare, N.)
Representation of the People (Recommitted) Bill
Considered in Committee.
[Mr. WHITLEY in the Chair.]
CLAUSE 8.—(Provision as to Disqualifications.)
(1) A person shall not be disqualified from being registered or from voting as a Parliamentary or local government elector by reason that he or some person for whose maintenance he is responsible has received poor relief or other alms.
(2) Any person who has been exempted from military service on the ground of conscientious objection, or who, having joined the forces, has been sentenced by court-martial for refusal to obey orders, and who alleged conscientious objection to military service as a realm for such refusal, shall be disqualified from being registered or voting as a Parliamentary or local government elector.
The first three Amendments on the Paper are beyond the scope of the Order for recommittal.
I beg to move, in Subsection (2), after the word "from" ["Any person who has been exempted from"], to insert the word "all."
The effect of my two Amendments taken together is that a man who has raised the defence of conscientious objection before a tribunal and has been exempted from combatant service, but not from service with a non-combatant battalion, shall not be disqualified. I think it is desirable to take the view of the Committee on that point one way or the other. I think even if these words were not inserted such a man would not be disqualified under the proviso which I have placed on the Paper, but they make it quite clear.
I wish to oppose the Amendment on the ground that persons engaged in non-combatant service are very often people who ought to be within the scope of this disfranchising Clause. We all welcome the proviso which the right hon. Gentleman has introduced with the object of saving from disfranchisement certain people, like the Society of Friends, who are working with ambulances abroad. I have myself seen some of these devoted men working in Italy. But there is a class of conscientious objectors who are saved by these words, who have applied for exemption on conscientious grounds and have not attained it, have then passed into non-combatant battalions at home or behind the lines abroad, have not defied military law or exposed themselves to penalties which many misguided men are submitting to—the penalty of hunger strikes and other things—who have applied the "ca'-canny" principle, performed the minimum of miltary work, going about dissatisfied, creating a bad impression, grumbling and grousing everywhere, eating several good meals a day but not doing the work they ought to be doing, because they are of military age and ought to be serving the country in the hour of necessity. I regret very much that you, Sir, found it necessary to rule out my Amendment about the words "claimed exemption," because no one who has been present at the Debates in Committee and on Report can have failed to feel that it is a pity we had not an objective test, something that a man had done himself in claiming exemption rather than something that other people had done—the granting of it. There is a very large class of people in these non-combatant battalions, because they raised conscientious scruples, who ought to have been brought within the disfranchisement Clause, and I ask with what eyes a wounded soldier returning after this War, maimed in the service of his country, will see the sleek pacifist stealing into the polling booth to vote against all the ideals he has been fighting for at the front. It is very desirable that the disfranchisement should be wide enough to exclude that man.
I can conceive of no greater fallacy than the cool assumption that when our wounded soldiers come back they will have some vicious feeling towards the pacifists. The amazing thing in considering this matter is the total disregard we pay to all experience. As a matter of fact, this very Clause disfranchising conscientious objectors must in the very nature of things be made a test at every election that takes place. You cannot possibly deal with it no matter how you try with any degree of justice or equity.
I am afraid I am strictly limited by the terms of the recommittal. The whole question cannot be opened in that way. It is only taking the Home Secretary's two Amendments together, to insert the word "all" and after "service," "including non-combatant service."
I am going to show that the railway service is non-combatant, and I am going to show the absurdity of the whole situation arising from that. There were originally 650,000 railway employés when the War broke out. One hundred and twenty-eight thousand enlisted. Lord Kitchener, with the railway executive and ourselves, decided that it would be dangerous in the interests of the country to release more men from the railways. What followed? Hundreds of men who were conscientious objectors, who did not disguise their opinions, who would be prepared to go to gaol to-morrow if they were compelled, are to-day working on the railways. They will not be disfranchised by any Clause that you introduce. They will have done nothing, so far as their conscience is concerned, to assist in the War. They have merely continued in their own work. That shows the necessity of at least some extension on the line of the Home Secretary.
Amendment agreed to.
Further Amendment made: After the word "service" ["exempted from military service"], insert the words "(including non-combatant service)."—[ Sir G. Cave .]
The next two Amendments, in the name of the hon. Member (Mr. Morrell) and the Noble Lord (Lord Hugh Cecil), are also outside the scope of the Order for Recommittal.
I beg to move, to leave out the words "joined the forces has been sentenced by court-martial for refusing to obey orders and who alleged," and to insert instead thereof the words "been convicted by court-martial of an offence against military law, has represented that the offence was the result of."
These two Amendments deal with a different class. You have now passed words which deal with men who are exempted by tribunals, and we come to men who have not been exempted by tribunals, either because they have not applied or because their application has not been entertained by the tribunal, who have gone into the Army, have committed some military offence and have then raised the claim of conscientious objection to military service. My desire would be to have in this Clause a definition as to which there can be no mistake, and to put in a condition which can be proved by written documents. That is why I ask the Committee to take my words instead of those which are now in the Bill. I base my words upon Regulation 10 of the Army Orders of 1916. That Regulation provides:
I am afraid that is outside the terms of recommittal. I will put first the Amendment of which the right hon. Gentleman gave notice, and if he sets store by his new Amendment he can move it as an Amendment to his Amendment.
I am quite prepared to move it in that way, or to have it moved as an Amendment.
I am not quite sure whether I should move my Amendment to the right hon. Gentleman's Amendment now or on the question that the words be there inserted. I think it would be in order on the Question that the words be there inserted.
It can only come up when we get to the point of the words being inserted, but the Noble Lord's Amendment as it stands—I take it that it is to be read with the other Amendments—is going beyond the terms of recommittal.
Perhaps I may explain. My Amendment to the home Secretary's Amendment should be read with my Amendments to the Home Secretary's next Amendment, namely, the three Amendments standing together. Those Amendments will make the Clause read. I do nothing by these Amendments except leave out words which are suggested by the Home Secretary to be left out, and put in words of my own. The effect is to make the Clause read, and to give it a modified sense. I submit that that is a legitimate Amendment of the Home Secretary's two Amendments. They are put down in that form, and I submit that on the ordinary forms of procedure they are in order.
I have to deal only with the Order of the House as to recommittal. May I take it that the Noble Lord's purpose in amending the Home Secretary's Amendment is to apply the penalty of disfranchisement to persons other than conscientious objectors?
To others convicted of offences under military law.
That would have been an Amendment permissible on the Clause as a whole, but it is not covered by the references to the Committee on recommittal.
Then I understand you to rule that the recommittal is limited both in words and in substance. I do not go beyond the Home Secretary's words. I do not alter a word of the Bill. I leave out no words of the Bill which the Home Secretary does not leave out. I understand you to rule that notwithstanding that my Amendment is virtually within the terms of the recommittal, the fact that in brings in something different makes it substantially a new point.
That is so.
There are a few points which I would like to have made a little clearer in regard to the Home Secretary's Amendment. It seems to me that this Amendment will leave the Clause more absurd than ever. The right hon. Member for Derby (Mr. Thomas) said this Clause could not be amended in. any way to remove all injustices. I think that when we attempt to amend it we land ourselves further into anomalies and absurdities. The first point which arises on the Amendment is that apparently the disqualification is to apply to those conscientious objectors who have been convicted by court-martial for an offence against military law and have represented that the offence was the result of conscientious objection to military service. I understand that the effect of that Amendment is that if a conscientious objector is tried by court-martial for some offence against military law, although he may have committed that offence because he is a conscientious objector, if he does not say so at the trial—I understand that it is the practice of conscientious objectors not to recognise the jurisdiction of the Court—he will not come under this Amendment. Therefore, all that they have to do is merely to keep quiet, hold their tongues, and they do not come under the disqualification. We have this further anomaly. We not only have a discrimination, a discrimination as between objectors who are and who are not conscientious objectors, but now we have a discrimination between conscientious objectors themselves. The man who is frank enough to state at the trial that he is a conscientious objector gets disfranchised, but the man who is not so frank and keeps quiet about it is not so disfranchised. That is a point which I should like to have cleared up.
The Amendment of the Home Secretary extends the disqualification so as to apply to all offences against military law. At present the provision only applies to disobedience or refusal to obey orders. Now it is to be made to cover all military offences. There are over 100 offences against military law laid down by the Army Act, ranging from drunkenness to duelling. There are thousands of orders of various kinds, and disobedience to any one of them would be an offence against military law. There are brigade orders, battalion orders, General Headquarters orders, and others. A man may be the best soldier in the world, but if he is a conscientious objector and he breaks any one of these laws and says he does so because he conscientiously objects to carry out any particular order you are going to disfranchise him. I will call attention to a case which it is not at all unreasonable to say may arise. Take an officer who is a very strong temperance man. He is ordered to distribute rum to his company or his platoon. That is the sort of case that is constantly arising. On temperance grounds the officer says that he conscientiously objects to do that, and he is tried before a court-martial for refusing to carry out the order. He raises this conscientious objection, and because he does so he is going to be disfranchised under this Clause. [HON. MEMBERS: "No, no!"] Hon. Members say, "No, no!" but I say that the result of the Clause would be precisely what I have indicated. The further we go into it, the further we see these anomalies, injustices, and inequalities.
That would not be a conscientious objection to military service, but merely an objection to distributing rum.
It would be an offence against military law. The Amendment says, "or who, having been convicted by court-martial of an offence against military law." The case I have indicated would be an offence against military law.
Read on!
"Has represented that the offence was the result of conscientious objection to military service." I say that he conscientiously objects to that particular military service. Anyhow, he would be put in a difficulty, and he might get disqualified for it. The Clause, as amended, concludes with the words "and has on that ground been awarded imprisonment in lieu of detention." On that ground, apparently, evidence will have to be proved not only that on his trial he has represented himself to be a conscientious objector, but it has to be proved that it was on that ground there was a finding against him. I have sat on a great number of courts-martial myself, and I never remember that the ground of the finding was ever written upon the record. Unless the ground of the finding is upon the record, I do not see how the offender is going to come within this Clause at all.
I have noticed that point, and for that reason I propose to leave out the words "on that ground." Therefore you will have on record that he is a conscientious objector and that he was sentenced to imprisonment.
The Amendment we are now discussing appears to be one of the most grotesque and offensive parts of this entirely improper and unjust pro- posal. I wonder if the members of the Committee realise what is now being done? This Amendment provides that of the innumerable offences that a soldier may commit against military law—some of them of the gravest possible nature—if he commits an offence provided by this act of disobedience to military service because of his conscientious convictions, he is to suffer the penalty of disfranchisement, while those who commit the other offences—the other crimes—are to have no disqualification whatever. I describe this proposal as unjust and preposterous, and one which we shall be heartily ashamed of before many years have passed. The Home Secretary, in moving this proposal, will not think that those of us who have opposed the entire policy which is set forth, accept his new proposals as any mitigation of the injustice, the cruelty, and the absolute absurdity of taking the honourable conscientious conviction of these men and singling that out from all the offences against military law, and making the holding of these conscientious convictions, which the House has previously adopted by Statute law, a reason for depriving the man holding them of his civil rights. I hope that even at this period of the consideration of this matter the Committee will reject this the first part of the proposals of the Government.
The proper course, if the hon. Member wishes to make a protest, is to oppose the insertion of the Home Secretary's words. I confess that I do feel that the Government, since we are so limited by the narrowness of the terms of recommittal, should, in another place consider how very unseemly it is to make obedience to conscience—even misguided conscience—an aggravation, a greater offence against military law than any motive, however vile, of greed, lust, or menace. You say that these conscientious objectors are to be punished as law-breakers; but if they had broken laws from the vilest motives that could animate humanity, if they had been scoundrels of the most unscrupulous kind, they would still have their vote, but because they are not scoundrels, but silly people with mistaken scruples, they are not to have their votes. That, I confess, is a scandalous absurdity.
6.0 P.M.
I am very sorry, but I am tied by the Order of the House. The Noble Lord failed to persuade the House yesterday to widen the recommittal, in which case the broad point would have been in order.
My criticism is on the words that are proposed to be inserted in the Bill. These I say are a scandalous absurdity. That is surely relevant to the proposal whether they should be put in the Bill. I submit that to make the representation of a moral scruple an aggravation of a penal offence is a scandalous absurdity. I do not believe that there is a single clear-headed person in the country who will not agree with me. I do not believe that there is any impartial authority in the world who would not say that what the Government are doing is quite an unjustifiable thing, and I express the hope that in another Assembly, where they are not quite so frightened at the "Evening News" as the Home Secretary is in this Assembly, they may consent to make an Amendment which would make this in accordance with reason and justice.
Question, "That the words proposed to be left out stand part of the Clause," put, and negatived.
Question proposed, "That those words be there inserted."
I beg to move, as an Amendment to the proposed Amendment, to leave out the word "has," and to insert instead thereof the words "and having."
Amendment to the proposed Amendment agreed to.
Proposed words, as amended, there inserted.
I beg to move, in Subsection (2), to leave out the words "as a reason for such refusal," and to insert instead thereof the words "and has on that ground been awarded imprisonment in lieu of detention."
I think that we should have some explanation of what these words mean.
This is simply a consequential alteration following on what has been done.
Question, "That the words proposed to be left out stand part of the Clause," put, and negatived.
Proposed words there inserted.
Amendments made to the proposed Amendment: Leave out the word "and"
Leave out the words "on that ground."—[ Mr. Hayes Fisher .]
Proposed words, as amended, there inserted.
I beg to move, in Subsection (2), after the word "disqualified," to insert the words "during the continuance of the War and a period of seven years thereafter."
I have an Amendment down to leave out the word "seven," and insert the word "ten." The Amendment of the Home Secretary raises the whole question. Shall I be in order upon that Amendment in making certain observations which I should in the ordinary course have made on my own Amendment, because if I am not allowed to make those observations now I take it that these seven years will be agreed to?
There is also an Amendment in the name of the Noble Lord the Member for Oxford University suggesting five years, and arguments on that point would have to be addressed. I think that members of the Committee, whatever time is afforded, would like to have an opportunity of discussing the matter to determine whether the period should be five, seven, or ten years.
It was my intention to reserve both these Amendments. The Noble Lord's Amendment proposes to leave out the words "the continuance of the War."
I understand you to allow that the two Amendments can be moved in one, to leave out certain words, and insert others. There are two points in this Amendment. One is the proposal to leave out "during the continuance of the War," and the other is to insert "five" years instead of "seven." In the very few remarks which I propose to make I shall deal only with the second part, and give the reasons why I suggest five years instead of seven.
That would get us wrong. I think that the Noble Lord's purpose is to leave out the words "the continuance of the War" and "a period of seven."
And to insert a period of five.
Quite so; there are two points. One is the continuance of the War, to come in addition to a fixed period of years. I will take that point first, and I will then take, separately, the Amendment as to the question of the number of years.
I beg formally to move, as an Amendment to the proposed Amendment, to leave out the words "during the continuance of the War and a," and I propose to reserve what I desire to say until the other issue is raised.
This is one of the most important parts of the new proposals of the Government. The original form of the Disqualification Clause is an unlimited disqualification. In my judgment, if that form were passed into law, it would not long be tolerated by the nation, and I believe that the Government of the day would be compelled to rescind the whole of this Disqualification Clause. It is only during the passions and prejudices of the War that this proposal, either in its original form or in its more limited form, as is now suggested by the Home Secretary, is possible. Such a proposal is only possible while the Government is controlled by Lord Northcliffe. It is not necessary to argue the matter, because Lord Northcliffe published the letter in his paper requiring the disfranchisement of the conscientious objector, and the Government has capitulated. An hon. Member behind says that it does not affect him, but it does affect the Government. It does not affect the hon. Member because he has no quarrel with the Government that I know of. It is the Government that is controlled by the Northcliffe Press, and the original proposal was the proposal that was pressed upon the Government by Lord Northcliffe and his gutter press.
Rubbish!
The hon. Baronet is a good judge of rubbish. The hon. Member is one of those hon. Members who usually—
The hon. Member should recollect that we are here again in Committee for a limited purpose for dealing with certain Amendments proposed as part of certain Clauses, and we must keep strictly to that business.
I will certainly endeavour to speak within the terms of your ruling. I desire to offer the strongest opposition to this term of disqualification being passed by the Committee, because I think that it is wholly wrong and that no terms whatever should exist, but I want to appeal in this connection to certain Members in this House who, I think, should give you guidance in this matter. The present proposal of the Home Secretary is very closely related to the legislation which we passed in connection with the Military Service Act. I see on the Front Bench my right hon. Friend the former President of the Board of Trade (Mr. Runciman), and I remember that he was a member of the Government when the Military Service Acts were passed, and I am quite sure that he would be no party to tearing up the protection that was then given to conscientious objectors.
I must ask the hon. Member to observe that the only point in this Amendment is to limit the disfranchisement period to years, instead of allowing it to remain unlimited, as it is in the Clause as it stands.
I would appeal to the Home Secretary to consider this suggestion, whether it would not meet his views, and the views of those associated with this proposal, if the disqualification, which is now indicated in indefinite terms, were to apply only until after the first election at the conclusion of the War. I put that to the right hon. Gentleman as something in the nature of a compromise. I suggest that he might at least modify his present proposal, in carrying out this policy, or afford us an opportunity of reconsidering his policy, after the first election has been held at the close of the War. As the proposal now stands these men might be disqualified for two or three elections. I, therefore, should be very grateful if the Home Secretary will give me some reply.
May I appeal to the House that whatever they wish to decide it should be done upon straightforward lines—so many years after the passing of the Act. It really does not matter how long the War continues from that point of view. What we want is that everyone who comes under this Clause shall know how long the penalty is to last. Some hon. Members want ten years, and others five years, but I submit that, from the point of view of legislation, it is much better not to state an uncertain period such as the duration of the War. If the House and the Home Secretary were willing to omit those words, then the discussion could be taken on the period of years, which would be a much more straightforward method of procedure.
I would appeal to the House to act in the exactly opposite sense from that which has just been indicated, by eliminating these words entirely, and leaving the Bill as it stands. The hon. Members below the Gangway said the House would not tolerate that, but I submit that men who are disqualified for refusing military service should not be regarded as citizens, with full rights of citizenship, and, therefore, no limit should be put in the Bill. Think of all the trouble that would be raised by this limit which is proposed. The hon. Member below the Gangway looks at this question from the point of view of those people who are called Quakers, or Friends, as they have been known for two centuries. We remember them in the old days, when they had their own style of dress, of their own quaint form of speaking. We all respected them. Members of that body hold the view that in time of War they will not defend their homes, wives, and families, but, in my view, people of that sort cannot live as a separate part of a nation, receiving the protection of others, without performing the duties which attach to ordinary citizenship. We have the right to say to them, "If we have to protect your hearths, your homes, and your families, if you will not take any active step to ensure that protection for yourselves, we cannot give you the rights of full citizenship. We shall protect you, and fight for you; but you cannot expect, and should not expect, to have the same privileges as others who fulfil all the duties of citizenship, in war as in peace." That is a logical attitude. I say that you should not differentiate between the various members of the community. The whole thing is folly, and other nations make no mention of these people at all. We in this country, however, have done so, and have given exemption to the Friends or Quakers. But our having done so, has, raised a herd of people who are not conscientious objectors, but are in fact un- conscientious objectors. That is the result of differentiation in treatment. Let all take a fair share in defending house, home, and country as a duty which is attached to the rights of full citizenship. I hope the Home Secretary will not insist upon putting these proposed words into the Bill, but that he will leave the measure as it stands. Almost the whole country wish that to be done, and I think the Government and the House will be acting in a logical and statesmanlike manner if they leave the Bill as it is.
If this Amendment were acceded to, and these words deleted, then we would have a clear issue. I thank the Home Secretary for having divided this Amendment into two parts, which will enable us to get a clear decision. I would appeal to my right hon. Friend that we should be allowed to delete the words "during the continuance of the War and a," and thus enable us to prevent any confusion of the issue, Members being called upon only to determine the period of years during which the disqualification is to continue. Some Members want one period, some another, some a longer, and some a shorter, but I ask, in order to avoid any confusion of the issue, that my right hon. Friend the Home Secretary should consider only the one point, namely, the number of years, and with that in view, I ask the right hon. Gentleman to accept the Amendment leaving out the words proposed to be omitted.
I should like to know whether the Home Secretary, in drafting this Amendment, had formed in his own mind any estimate of the period of disqualification covered by the continuance of the War. I saw that a very high authority, one of the very highest, said to the American nation the other day that we had only commenced this War, and, if that be so, I submit that if you are determined to fix a penalty on these men who refuse to do military service, you should make it definite and not indefinite. The proposal in the Bill was perfectly monstrous, for it meant that these men were to be disqualified for the remainder of their lives, at least in their own country. The Government, however, now propose to limit the period, and I hope that the proposed change will be in the direction of fixing a definite period and not an indefinite period. There should not be an unlimited element in this matter. I listened with considerable interest to the hon. and gallant Gentleman (Colonel Yate), who expressed his respect for the old body of Friends, or Quakers, but what is the test of his respect? It is that if these men, acting in accordance with the well-known principles of their society, refuse to go against their conscience by accepting military service, then his respect for them is all gone.
Not a bit!
The hon. and gallant Gentleman proposes to outlaw them, and thereby declare to the world that they are useless and objectionable citizens. That is what his attitude means. His principle is that the Friends who hold that view in regard to military service, though he respects them, yet are useless citizens.
In this War.
For myself I do not think there is any more useful body in the whole country than the Society of Friends, although they are not in the firing line. Acting on the principle that they shall be disqualified because they have a conscientious objection to entering the firing line, it would be equally logical to disqualify a man who is making munitions of war because he is not in the firing line, and describe him as a useless citizen. In the days of the Conqueror of the Ottoman Empire the custom was to blind everybody who did not obey the call to arms by piercing the eyes with a red-hot needle. What do you think of that for a penalty? Would it adequately express the contempt and hatred of some Members of this House for these conscientious objectors? One hon. Member complained that some of these men were very cunning by keeping their mouths shut and not attempting to say they were conscientious objectors; and actually the administration of the law is such that, if you do not say you are a conscientious objector, you get off better than if you admit it, for to say that you are acting under a conscientious objection would be likely to entail extra punishment. There was a very simple way, in the time of Elizabeth, of dealing with any person who would not speak, and that was to apply the thumbscrew, and this, with the piercing of eyes with a red-hot needle, might be regarded as adequate. I submit that there should be, not an unlimited, but a definite period of disqualification.
I think we are rather in danger of getting away from the point of the proposal. It is a very small point indeed, and the Amendment is submitted in order to meet the desire of the House for some limit of time. I know that the view of my hon. and gallant Friend opposite is that this disqualifying period should continue permanently, and I gather that he is opposed to any alteration of the Bill. Let us see what the limiting of the disqualification means? I leave aside the latter point as to what period of years is to be inserted. The point now under discussion is whether this disqualification should be during the War with a period of years at the end of the War. As the refusal to serve continues during the War I thought the desire of the House would be that at all events during the War none of these persons should be entitled to the franchise, and that the disqualification should continue for the election immediately following the War and probably the next election. I inserted seven years in the Amendment as that is the well-known period for disqualification. I thought that would commend itself to the House and probably I am not far wrong because I see Amendments which propose to reduce that term to five years and which propose to increase it to ten years.
Can the right hon. Gentleman say when it would be regarded legally that the War had concluded?
I have often replied to that question. We have a number of Acts which refer to the duration of the War. The point has been raised as to the exact meaning of the words and the Government propose when the time comes to introduce a Bill to define that period and which will relate to the whole of those Acts.
I think this Debate is an example of the difficulties which the Committee experiences. I feel for my own part like my hon. and gallant Friend (Colonel Yate) absolutely no sympathy with the real conscientious objector, but I think there are many of us who are uneasy about the two difficulties that we are considering, (1) the period of time, and (2), if we are quite sure that we have got the right class of persons into this net. I dislike the genuine conscientious objectors as much as anybody, but I do not dislike them any more than I dislike a great many people who are doing work infinitely more mischievious and infinitely more harmful to the effective prosecution of the War. The feeling I have had through all these Debates about conscientious objectors was that the Committee and the House have been asked to consider what is only one small fringe of the great policy to be pursued towards people who are not putting their backs into the War. I have not had much sympathy with these Debates about conscientious objectors. I shall certainly vote, if the Amendment goes to a Division, for the limitation of the period and that, not because I love the conscientious objectors, but because, to be quite frank, I do not think the whole question in this form is worth the attention which it has received from this House. I think also—for what it is worth and without disrespect—that the Committee has handled this matter with too heavy a hand. I am told that in the United States they do not waste time about passing special laws and legislation as to conscientious objectors, but that if they are quite sure they have got the right people they compel them to wear scarlet uniform and walk the streets.
That is very wide of the Amendment.
I was only digressing in order to give a little information which I understand some hon. Members challenge and which I am not willing to vouch for myself. But, seriously speaking, do hon. Members really think that, given the evil of conscientious objectors—and I think it was an enormous mistake to put that in the Bill originally—that what you are doing in this Bill is going to act as a deterrent to them, and is it worth while to waste all this time about it?
I would ask the Home Secretary to agree to the suggestion of my right hon. Friend (Mr. Wilson) to have a straight issue on this Vote as between a period of years and the ambiguous phrase "the continuance of the War," because, after all, no one has yet defined when the Conscription Acts will cease. That becomes a very controversial and debatable question after the period of the War, for you will then be up against the proposition that your first Army is wiped out and your Territorial Force is wiped out, and you have got to determine what the Army of the future will be and in connection with the Conscription Acts. All of that shows that it is much fairer to say whether it is ten, or twenty, or whatever the period of years may be. I would ask the House not to be influenced by the kind of statements that have been made that the country is in a state of howling indignation. Why, last week, when the balance of the railway strike was being determined and debated and coming to a final decision the men that were elected were conscientious objectors and elected by thousands of a majority, men that are leading the country in many respects to-day, so that you are not dealing with a few insignificant cranks, but with men who would deliberately go to the stake for their conscience.
That is very wide of the Amendment. I allowed the hon. Member to make a general reply to some observations made already, but we really cannot go into this aspect of the question now.
I bow to your ruling. I was referring to the phrases which had been used, such as cranks and faddists, and wished to point out that such phrases were not true. I again appeal to the Home Secretary to have a straight vote on the period of years and leave out the ambiguous phrase about the continuance of the War.
On a point of Order. The last speaker has made an appeal about the insertion of these words, and talked about a straight issue on the number of years. Would it be possible to have the question of the number of years opened when the longest date in any of the Amendments is seven years?
It was ruled just now that the question of the determination of the years should remain over until the Amendments which come on afterwards, and that we should now only discuss the question of leaving out the words, "during the continuance of the Wax." I suggest that the Debate should be confined to that point, and that we should not now deal with the question of time.
If we left out the word "seven" it would be for the Committee to determine what term should be put in. On the subject we are now discussing it is difficult to avoid some reference to time.
The point we are discussing is, I think, a very small one. I quite see the Home Secretary's contention that if conscientious objectors are to be excluded, they should not be allowed to vote during the continuance of the War. But if the right hon. Gentleman looks at the Amendment I think he will see that whether the term adopted be five, or seven, or ten years, it will really provide all he wants. I see great objection to leaving in these words under discussion. One reason is that it is objectionable to give people different classes of punishment. For instance, in the case of one man it might be five years and another six years, according to the time at which he committed his offence. Then there is the objection as to the actual legal meaning of the words "continuance of the War." Although we hope and trust that it will end before very long it is quite conceivable that the negotiations might, as in the case of other wars, go on for months or even years, and all that time this phrase might have effect simply because the War had not been brought to an end. I press the point on the Government that it would be much clearer and simpler to make it three, or five or seven years, any one of which would attain the object mentioned by the Home Secretary. Therefore, I trust that these words will be admitted.
Our object now is to fix a definite period of disqualification, and the point before the Committee is whether these words "during the continuance of the War" should remain. Surely if there is any period during which these people should be disqualified it is during the continuance of the War. The only question that arises is whether it is sufficiently definite. The Home Secretary, to a certain extent, recognises that it may be more or less indefinite, because he says that if there is any indefiniteness that can be fixed in a special Act which will declare when the War ends, and in that way that difficulty will be overcome. As a matter of fact it does not seem to me that the expression "during the continuance of the War" is an uncertain or indefinite expression as it stands, because the War must be regarded as ending at some period, either by truce or treaty.
I understood the right hon. Gentleman to tell the Committee that he proposed this Amendment in order to carry out the undertaking given by his right hon. colleague the Leader of the House. It was in order to limit the "punishment," as, I think, the Leader of the House spoke of it, although the right hon. Gentleman did not so assure us—I think he told us in Committee that he regarded the vote as a right, and therefore he does not possibly agree with his right hon. colleague that disfranchisement is to be regarded as punishment. He proposes in this Amendment to carry out the undertaking of the Leader of the House, so as to make the period of punishment a limited one. I would suggest that the retention of these words "during the continuance of the War" plus some other period of time will not achieve the object for which he set out. In 1908 this House had before it a very interesting Bill which was intended to carry out a new principle in criminology in the way of preventive detention. In that Bill there was a provision for what was spoken of then as the "indeterminate sentence." On that occasion the distinguished predecessor of the right hon. Gentleman (Lord Gladstone) encountered a great deal of opposition in introducing this principle of the indeterminate sentence, and it was not very long after the Debate in this House that Lord Gladstone discovered that the notion of the indeterminate sentence was alien to the principles of punishment of which this House was prepared to approve. I suggest that in this case before us we are again asked to approve of indeterminate punishment. The right hon. Gentleman in Committee told us that by the disqualification of conscientious objectors we should be doing doubtful justice—or, I think he said, a great injustice—and that he was not desirous that the penalty attached should be a long or an indeterminate one. I suggest that it would be unwise to insist on the retention of these words, which, after all, come to be an indeterminate sentence, or the possibility of it, in the case of prisoners who have committed what is now for the first time to be an offence in this country. Why not be content with a fixed period of years—be it six, seven, or five—and not complicate the length of the period of possible punishment with this indefinite period brought in unnecessarily, "during the continuance of the War"? I think my remarks are perfectly relevant to the point at issue, and I beg my right hon. Friend not to attach himself to an unfortunate position of Lord Gladstone in claiming the indeterminate sentence as a suitable principle in English law.
I would make a strong appeal to my right hon. Friend the Home Secretary about this Amendment. We feel that my right hon. Friend has been rather inclined to temper the wind to the shorn pacifist. We feel that the penalty here is not too great a penalty for the lack of duty charged against the conscientious objector. I can well believe hon. Members like the hon. Members for Mid-Lanark and Mayo, holding the views they do, being opposed to any effective penalty, and wishing, as a first instalment, to eliminate the words "during the continuance of the War." I venture to think it would be a scandal if an election were held during this War and any number of men who have not risen to the occasion—I do not say anything about their sincerity or insincerity, but have declined to do their duty—men of military age, and who thereby, in the opinion of some of us, having failed to do their duty, should be allowed the privilege of citizenship. The country would not stand it. [Laughter.] Hon. Members may laugh. The right hon. Member for Derby was telling us about some of his constituents. I was sorry to hear what he said about conscientious objectors being in positions of considerable authority. That is not the rule, lam quite sure, in any great part of the country, because what are these men?—[HON. MEMBERS: "Order!"]. I think I am in order in saying this. With great deference we are dealing with a fresh penalty, and surely one may say what is the offence for which these people are penalised.
We must, I think, assume something in that the House has formed an opinion on the merits or demerits of the question of the conscientious objectors as such. The question now before us is to decide how long they are to be penalised.
I suggest that if there is to be any penalty at all—and this House has decided that there is to be a penalty—we have already decided that in the Division Lobby, and, if necessary, can decide it again—part of that penalty, from the nature of the case, must be during the period of the War. It is absolutely unthinkable if you hold an election during the War that these people should be allowed to vote. They have failed in their first duty as citizens. We are not charging them with insincerity. Their sincerity or insincerity is not in question. They are not normal. They will not do their duty at a crisis in our history, and that is why they should not be permitted during the continuance of the War to give their votes.
I should like to point out to my hon. Friends who are moving the omission of these words that their proposal is rather dangerous. The words read "has been awarded imprisonment in lieu of detention, shall be disqualified during the continuance of the War and for a period of years afterwards." The proposal is to leave out the words "during the continuance of the War." If those words are left the Clause will read
"awarded imprisonment in lieu of detention, shall be disqualified during the continuance of the War and a period of seven years thereafter."
I take it that the suggestion of the Home Secretary is that during the continuance of the War this disability is to last, and for a certain period afterwards. At the end of that the whole thing falls away, and, I hope, will be forgotten in the history of this country. But if these words are omitted, I submit that as this Act will continue, it will be still possible, if there is compulsory service—as to which we do not know in the least how soon after the War it will cease—that persons will be disfranchised for offences after the War. There is another point. If the period is to be taken from the moment of imprisonment, then there will be certain conscientious objectors whose imprisonment commenced two years ago, and their term of disqualification will come to an end before the others. I take it that there are those who, like myself, object to this penalty altogether, who nevertheless are prepared to admit that if there is to be disqualification, it should be for the first election after the War, and that we should measure our period in such a way that it will come to an end before the next election—the next in all probability. If what I have said be so, I admit it would be far better to leave these words in "during the continuance of the War," and then get a period added to them which will not be so long as to ensure disqualification for a longer term than the first election after the War.
I moved this Amendment formally on behalf of my hon. Friend the Member for Oxford University. I did not speak to it for the very simple reason that I am not in agreement with part of it, though intensely in agreement with every appeal which seeks to limit the period from seven to five years. Various suggestions have been made. I want to say a word for an agreement, because an agreement will never be reached but for something on which different views can acquiesce more easily than they can in either extreme limits. May I, therefore, in that spirit, and recognising that whether we like it or not, some exclusion and some disfranchisement has been decided upon by the House, and cannot now be altered, and as we are dealing with the period, and as it is obvious that this disfranchisement in connection with what is held by many people to be imperfect citizenship during the War, it is very difficult to say how you can detach it from the period of the War. What the Home Secretary can do is to see that if the words "during the continuance of the War" are retained, with a period after, that the period after shall not be more than five years.
Three years?
If that were done it would have this effect, that in the enactment—call it penalty or punishment or whatever you like—that the punishment would not be prolonged for a period after the War greater than that covered by the life of one Parliament. It really will raise the strongest feeling in the country if you in any way penalise these persons in time of a profound peace when the War is over and the country is probably dealing with other things. I venture to offer these suggestions as a contribution to the Debate.
I do not propose to make a speech. There have been too many speeches. We had a discussion on the conscientious objectors only the other day. Therefore I propose to confine myself to the proposal before us, and that is whether we should leave out certain words and insert certain others. The hon. Member for Mansfield has said that he considers we ought to have a settled period from when this disqualification shall commence. He seemed to think that it should be a period of years. I wish to put him right on one point. My Amendment and, I think, two Amendments subsequent to these deal with period of years and these suggestions were put forward with the knowledge that in the Amendment would be inserted the words "during the continuance of the War." This period of years, I take it, will follow on the Amend- ment of the Home Secretary, "during the continuance of the War." It is well known, and the Home Secretary has alluded to the fact, that innumerable Acts of Parliament have been placed on the Statute Book in which it is stated "during the continuance of the War" are inserted. Everything is "for the continuance of the War." I submit that by leaving out the words "during the continuance of the War" conscientious objectors would only be dealt with for a period after the War is over, and that would be entirely at variance with the view of the House in general. I did not propose this in Committee because the House decided by a large majority that conscientious objectors shall be disfranchised. We are here to-day to say how the conscientious objector shall be disfranchised. The Home Secretary says "during the continuance of the War." I appeal to the Committee to support the Home Secretary in this Amendment. I think it will represent, on the average, what is the feeling of the country, and I hope it will represent the feeling of the Committee. I have nothing to add except to say that I support this Amendment, and I hope that the Committee will do so also.
7.0 P.M.
We are now on the question as to what shall be the period of disfranchisement for conscientious objectors, and we are trying to discover a principle by which to determine that. As the House of Commons first of all gave to these people the right to object, and then penalised them for exercising the right, I submit that it is impossible to decide the question of the penalty upon any principle either of logic or of justice, and for that reason we are driven back upon considerations of policy and expediency, and on that matter I venture modestly to submit a word or two of advice to the Home Secretary. I think the proposal of the hon. Member for Middleton is a good, practical proposal, but what I want to say is this: In the interests of the House, make the period of disfranchisement as short as possible. You do not want to have a period in which the people who have this particular disgrace attached to them will become popular Members of Parliament on that account. [Laughter.] It is easy to laugh, but I do not think hon. Members who do so consider the working of human nature. A few minutes ago the right hon. Member for Derby said those are the men who are being picked out to take the lead of great masses of working men. The sooner these people lapse into the ordinary body politic of the community, the better for the community. For my own part, speaking simply and solely from the consideration of policy, because, as I say, no considerations of justice seem to apply, it would be well to limit the thing to the continuance of the War, because once the War is over you will have Debate after Debate in this House seeking to rescind the vote this House is going to give to-day It will not be edifying. I do not think it will serve the purposes of the Gentlemen who are so eager to see the penalty inflicted at the moment. For that reason, I submit to the Home Secretary that the proposal of the hon. Member for Middleton to limit it, at all events, to the duration of one Parliament after the War, is a proposal which, on its merits, ought certainly to be accepted, and, as a matter of wisdom and policy, I submit to him that the period of deprivation should be only for the period of the War.
I wish to support the Amendment proposed by the hon. Member for Middleton. I feel most strongly that disfranchisement during the War must be maintained, and, although five years in addition does not go so far as the proposal of the Home Secretary, it would be satisfactory as a compromise.
Is it in order, Sir Donald, to discuss the period of years? It has been ruled in Committee this afternoon that the period of years cannot be discussed on this Amendment. That is to be discussed later on. Is the hon. Member in order in saying that he would accept five years?
It is quite impossible to shut out occasional references to the period. All I desire to do is to keep the Committee to the general question.
We have come very near to a general agreement, and, if the Committee generally agree, I am quite prepared to say that if this Amendment is withdrawn I will support the period of five years.
I beg leave to withdraw the Amendment to the proposed Amendment.
Amendment to the proposed Amendment, by leave, withdrawn.
Amendment made to the proposed Amendment: Leave out the word "seven," and insert instead thereof the word "five."—[ Sir R. Adkins .]
What has become of my Amendment—to leave out the word "seven," and to insert instead thereof the word "ten"—?
That is disposed of by the decision of the Committee.
Proposed words, as amended, there inserted.
I beg to move, at the end of Sub-section (2), to insert,
"Provided that this disqualification shall not apply to any person who, within one year after the termination of the War, proves to the Central Tribunal, as established for the purpose of the Military Service Act, 1916, that he had during the continuance of the War taken up either—
The Central Tribunal established under the Military Service Act, 1916, shall be continued for the purpose of this provision for a period of a year after the termination of the present War.'
Sir C. Kinloch-Cooke.
The following Amendment to the proposed Amendment stood on the Paper in the name of Major HAYWARD: After the word "who," to insert the words "shall have been so exempted or convicted before the passing of this Act or who."
May I ask your ruling, Sir Donald, as to whether my Amendment is not in order?
That Amendment, I think, is outside the scope of the direction to the Committee.
On a point of Order. May I move the Amendment standing in the name of the Noble Lord the Member for Oxford University?
I understand an Amendment was allowed which had for its object reducing the term of penalty to a certain period. Surely, if that was in order, this is also in order. It is not an Amendment to the original Clause, but an Amendment to the new Amendment of the Home Secretary.
It still seems to me to be outside the scope, but I should like to hear what the Home Secretary has to say.
I suppose the effect of the Amendment would be to cut out from disqualification all persons who are now conscientious objectors. It would nullify what the Committee has done.
It merely limits the disqualification to the people who have notice of disqualification. It prevents the operation being retrospective.
I will ask the hon. and gallant Member to move his Amendment.
I beg to move, as an Amendment to the proposed Amendment, after the word "who" ["shall not apply to any person who, within one year"], to insert the words "shall have been so exempted or convicted before the passing of this Act or who."
The object is to limit the operation of this Clause to those who will be exempted or convicted after the passing of the Act. If this Amendment is carried it will remove one of the very grave objections which many of us have to this Clause. I submit that the Clause as drawn violates very important principles of liberty which have always been recognised by Parliament. One of these principles is that a sentence having once been given shall not be increased. That principle has always been in operation both in the civil Courts and in the military Courts. There is no case anywhere where a man, having been sentenced, can have his sentence increased. A man is charged, he comes before the Court, his case is heard, and the Court gives appropriate sentence, and it is not open to any Court to revise the sentence afterwards so as to increase it. Various Courts and competent authorities can reduce sentences, but there is no single case where a Court can increase a sentence. Yet this is precisely what Parliament proposes to do here, and if this Amendment is passed it will remove that reproach.
On a point of Order. The hon. and gallant Member seems to be endeavouring to get the Committee to go beyond what the Committee has already decided. The Committee has already decided, by a very large majority, that this class of conscientious objector is not to receive the franchise. Is the hon. Member to be allowed to go over the whole ground?
There was some doubt in my mind, and after some consideration I gave the hon. and gallant Member the benefit of the doubt, and now he is going to have it.
If this Amendment is passed, the conscientious objector in the future will have notice that, in addition to any punishment he is going to receive from any Court, he will get disfranchisement. The Amendment will remove another of the great objections which we have to this proviso, and it is this: Hitherto a man has never been punished for an offence which was not an offence when the act was committed. That, again, is proposed to be done by this proviso, and in this case it is not only that it was not an offence when the act was committed, but it was committed actually upon the invitation of Parliament. There is an old principle of law which says that ignorance of the law is no excuse. To that now will have to be added that knowledge of the law will be no protection. One of the strongest objections which we have had put forward is punishing a man for exercising a right which Parliament has given him without giving him notice of the consequence of his action. What has been the strongest and most feasible case submitted by the supporters of this law? Broadly speaking, it is that if a man refused to fulfil the obligations which the State has imposed upon him—that is, the obligation to fight—it is quite open to the State to withdraw from him the privileges which the State has to confer. I should have understood that if this action had been taken when the Military Service Acts were passed, and if at that time the obligation had been placed upon the conscientious objectors. That is precisely what the State did not do. It did not impose upon him any such obligation, but the State went out of its way to exonerate and exempt him from that obligation. It is not open now for Parliament to say to these men exercising a right which Parliament itself has given them, "We will disfranchise you," without first of all giving them notice of the consequences of their actions.
The conscientious objector has not only been recognised by Parliament, but he is the creation of Parliament. He gets his status through Parliament, and it seems to me all the more clear that Parliament ought not to take this action without first giving notice as to what the consequences of that action will be, in view of the very invidious discrimination which the Clause makes. It is only going to punish those who refuse to carry out military service on conscientious grounds. There is another class who have committed exactly the same crime, but not on conscientious grounds. There is a case which appeared in the papers last week of two men who were fined because they were endeavouring to escape the obligation of military service by making false statements before the authority. There were also cases of people endeavouring to escape service by faking medical certificates, and others by conspiring with the recruiting authorities. In view of these invidious distinctions, I hope that the Committee will pass this Amendment, which at least will cease to disqualify the conscientious objector until you have given him notice what the consequence of his conscientious objection is going to be.
This question raises one of the most important points that can occur on this new Clause. This Bill as it stands is open to the objection which to my mind is the strongest that could be made, and that is that it is retrospective. That issue was raised in a well-known Irish case, and we fought for that because of the principle which has always guided English law that nobody ought to be punished for an offence which was not an offence when he committed it, and that he ought to have notice of what the law and penalty is before he commits the offence. The conscientious objector had no reason to suppose that this penalty would be inflicted upon him when he committed the offence—in fact, he had had notice to the contrary. This is an all-important issue, and I hope and trust that the hon. and gallant Member who moved this Amendment will obtain a large measure of support for it. He has pointed out that the conscientious objectors are now being subject to this extra punishment, a punishment of a very peculiar and objectionable character, because there is an attempt to set a stigma on a man after he has been discharged from gaol or prison or from some other punishment he may have received under the ordinary course of the law—a stigma which you do not set on a burglar or a thief or any other prisoner, and you hold this man up as something worse than the worst criminal in the country. Is it not monstrous that men are to be treated in that way because this legislation is to be made retrospective?
When hon. and gallant Members get into a state of fury and indignation and utterly blind their logical powers of judgment and give way to fury against these men, I cannot understand how this convulsion of fury can affect hon. and gallant Gentlemen who do not seem to be affected in the same degree with regard to men numbered by the hundred who have escaped military service by forging medical certificates, or by conspiracy, or by bribing the recruiting officer, which has been done to a very large extent, and yet you do not find these military members in this House getting into paroxysms of fury over these men who really have no excuse for their conduct. I say that the true conscientious objector is guilty of no crime whatever, but the other class I have mentioned are guilty of a moral crime, because ex hypothesi they have no conscientious objection, and have resorted to corrupt methods, and yet this class are allowed to pass without any objection being taken to them. The man who has escaped his military duties by these corrupt methods, or who has been caught and punished, gets a short complete punishment, but he is not pursued in prison with anything like the same penalties which are inflicted on the conscientious objectors; and if he afterwards consents to go into the Army he has no stigma upon him at all, and therefore he is in a much better position than the conscientious objector. I only refer to that as an additional argument to show the outrageous injustice that would be perpetrated if this legislation is made retrospective.
Either the hon. Member who has just sat down is quite mistaken in the class of conscientious objectors who are affected by this Clause or else I have failed to understand the Clause. It is not the ordinary conscientious objector who has obtained exemption from combatant service who will be affected, it is only the man who, having obtained exemption from combatant service, refuses to carry out ordinary military duties, and is tried by court-martial. I have under my charge a considerable number of conscientious objectors, and I believe that under this Clause there is only a very small minority of them who will be affected by it at all.
I hope the right hon. Gentleman will favourably consider this Amendment. I think the argument as to penalising these men is one which ought to appeal to the Home Secretary. This is a most moderate proposal. I think we should on this question take the opinion of the House as it exists to-day, and we ought not to penalise men who were exempted under an Act passed some months ago, for that seems to me to be quite contrary to the sense of the House and to a sense of justice. I hope, therefore, that the Home Secretary will see that there is a very definite distinction between penalising those who come within the retrospective region, and if this Amendment is included in the Clause we shall be expressing the view of the House as it exists to-day, whereas if we do not exempt those who were exempted by the Military Service Act I think we shall undoubtedly be committing a gross injustice.
A definite Sub-section has been put into the Bill penalising all conscientious objectors, and excluding them from voting. It is now proposed to leave in all those who have at this moment shown themselves to be conscientious objectors. By the operation of the Military Service Acts the class of conscientious objectors is now very nearly complete. As I have already pointed out, I believe that the effect of this Amendment is to nullify the decision of the House. The objector who is now either exempted or in prison will, of course, go on being an objector to the end of the War; and although he commits the offence after the passing of the Act, he will suffer no penalty for it although he continues the offence. He will suffer no penalty, because he has already been exempted or affected under the special terms under which objectors are dealt with. It is only right to point that out, because in my view, if these words be passed, there is an end practically to any disqualification. I might add one other observation. Many of these men even to-day say, as they put it, "We are anxious to do our bit." Some of the men in prison and even at Dartmoor are joining the Army to-day, sometimes as non-combatants and sometimes in the Army Service Corps. That door is open to everyone, and if, after this Bill is passed, anyone desires to escape the disqualification he can escape through that door. He can say, "After all, I wish to do some service for my country, and I will come in and do that service." The way is open to him. It is only those who remain objectors and recalcitrants after this Bill is passed who will be disqualified.
Perhaps the right hon. Gentleman will allow me to point out that he was not strictly accurate in saying that this would practically wipe out all conscientious objectors. Every year that this War goes on a fresh crop of young men will come forward. The effect of this Amendment would be to apply the penalty which is to be enacted in the Amendment of the Home Secretary to any of these young men who are conscientious objectors. If they become conscientious objectors and incur the penalty which is provided, they will do so with their eyes open. But the Home Secretary himself, I believe, has not been altogether comfortable about the position of men who, having been given a right under the Military Service Act, and having availed themselves of it, now find that right is taken away from them, or that a penalty is attached to it which they had no reason to anticipate at the time that they took advantage of that right. That is an entirely new procedure in our system of legislation. The Home Secretary, of course, knows far more about precedents than I do, but so far as I am aware, there is no precedent for this.
The Irish Coercion Act.
If that be a precedent, I make the House a present of it, but it is one which I feel the Home Secretary is not likely to lean heavily upon at the present time. He himself cannot feel that the conscientious objector has been fairly dealt with in this matter. The Military Service Act gave him a privilege of which he was entitled to take advantage. He took advantage of that privilege, and now under the Amendment, as it is upon the Paper, in exercising his privilege he is to incur a penalty. I quite agree that those who come on as conscientious objectors afterwards do so with their eyes open. They will know exactly what they are doing, and that they will incur this penalty as well as other military punishments which we may impose upon them. For that reason, I think we are justified in applying the Home Secretary's Amendment only to those who commit this offence, if it be an offence, or who take advantage of the privilege given under the Military Service Act, knowing that it will disqualify them under the Representation of the People Bill.
I would very respectfully submit to the Home Secretary that, the House having consented to recommit the Bill, and the Chairman having indicated that the Amendment is in order, we are perfectly justified in considering it, and that is a matter which we have to decide both by our voices and our votes. Under these circumstances, I would like to refer the Home Secretary to his own words, which seem to me so admirable to guide us at this stage. It was on the advice that he gave us on 26th June on the Committee stage that the House threw out these particular proposals. He very wisely indicated the danger of the course upon which we were then asked to embark, and these were his words:
"Some of these were sent to prison for refusing to perform their military duties. They have been condemned and have paid the penalty for their offence They have been convicted and sent to prison, and it is a matter of doubt whether, the penalty imposed by law having been suffered, after the offence has been committed and the sentence pronounced, we should add another penalty to that which the law imposed. I cannot help feeling some doubt whether that would be a fair line to take."—[OFFICIAL REPORT, 26th June, 1917, col. 335, Vol. XCV.]
I was then discussing the merits of the proposal, and I do not at all go back upon what I said. But since then the House has decided otherwise, and I was bound to point out what the effect of the Amendment would be.
I quite appreciate the position of the right hon. Gentleman, but seeing that this Amendment is in order, I am only putting it on the merits, and I think I am entitled to appeal to what the right hon. Gentleman himself said, and to pray him in aid of those who support this Amendment and are prepared to go into the Lobby and to vote for it.
The ruling that was given by the Deputy-Chairman is a most unfortunate one.
The hon. Member must not criticise the ruling of the Chair.
I have no wish to criticise the ruling of the Chair. This question has been once thoroughly thrashed out, and, if we carry this Amendment, we shall reverse the decision that the House has already taken. I can vote upon this Amendment with an absolutely clear conscience. I did not assist the House, thank God, to make the conscientious objector. I was away elsewhere, and there I learned the view that our enemies took of the conscientious objector. He was the laughing stock of the enemies of this country. The man who objects to helping his country at the moment when his assistance is most wanted is not fit to exercise the rights of citizenship. The House of Commons has already decided that he shall be penalised for a period of time. I ask the Committee to stand by the decision already given.
The Home Secretary, fear, is a very dangerous man. He is so persuasive, so courteous, and so moderate in form that he would almost accept the most monstrous propositions as if they were the most obvious truisms. What did the right hon. Gentleman say a moment ago? He told us that no great evil could be done as the proposal at present stands because there was always a door open for these men. He said that the man who had stated that he conscientiously objected to take any form of military service and who had persisted in that refusal up to the present could now, after receiving notice that a certain penalty would be inflicted upon him, do that which he had already said his conscience forbade him to do. You are going to give to the man whose conscience is so easy that he now gives proof of having no real conscientious objection whatever, a privilege which is denied to the man whose conscience is of such a character that it forbids him now to do that which Parliament exempted him from doing when it passed the Military Service Act.
This Amendment in substance has really been already decided by the House. If any proof of that is wanted, I find it in the speeches of the right hon. Gentleman the Member for Dewsbury (Mr. Runciman) and of the hon. Member for Wolverhampton (Mr. G. Thorne). The arguments used by them were precisely the arguments by which the original proposal was sought to be impugned. They pointed out how monstrous it would be, after the law had given these persons a privilege, to take away their vote because they had used that privilege. Those were the arguments used to destroy the original proposition, and just as they failed before so I trust they will fail now. The argument of the right hon. Gentleman the Member for Dewsbury really comes to this: Would the conscientious objector who, before the passing of this Act, got exemption or got convicted have acted differently if he had known that he was going to lose his vote in consequence of his act? [HON. MEMBERS: "No!"] If that is not his argument, it is the true argument, and the best way that he could put it. Would he have acted differently if at the time he became a conscientious objector he had known that he would lose his vote? If the Man had really been conscientious in his objection, of course he would have acted the same way whether he was going to lose his vote or not; indeed, there are some people who would be prepared to lose their lives. Therefore, there is no hardship on him. He has lost nothing by not being told at the time that he would lose his vote. He would not have acted differently. There is another class, the dishonest conscientious objector. He may come forward now and say, "It is quite true I said I had a conscience and that my conscience forbade me serving my country, but had I only known that it would have involved my losing my vote, why, of course, I would have thrown my conscience away and not have valued it at all. I should no longer have been a conscientious objector." In other words, "I am a dishonest person. I put forward a conscientious objection when I had not one. Had I known that it would have involved my losing my vote, I should have had the honesty to say that I was not a conscientious objector." The Noble Lord may have some sympathy with these dishonest persons. I do not know whether that is in accordance with the higher law to which he referred some time ago. As he is present, perhaps he will tell us if that higher law is the ground on which he supports the Amendment, and, if it is, may I suggest to him that it is a very unfortunate application of that so-called higher law? I suppose he will tell us that that higher law is a Christian principle. If he imagines that it is, may I remind the Noble Lord that he is really appropriating and perverting to his own use a very exalted pagan doctrine which was first enunciated by a greater man than himself—by Sophocles, who in the drama of Antigone, who had buried her brother in disobedience of orders of the tyrant Creon, justified her action by saying that it was in accordance with the unwritten law of Heaven. I have no doubt the Noble Lord will remember that which is one of the most beautiful passages of that drama. But there is this difference between the Noble Lord and Antigone. The latter uses the doctrine in order to justify a natural impulse. The Noble Lord relies upon the unwritten law in order to justify a man in a gross dereliction of his duty as a citizen in a manner which is at this moment most disastrous to the State. As regards the honest conscientious objector, he would have acted in no way differently had he known he was going to lose his vote; therefore will not be specially penalised. But as regards the dishonest conscientious objector, all I can say is, whether the matter is governed by the higher law or the lower law, I, for one, am not going to vote in favour of giving him this privilege.
My hon. and learned Friend has managed to import more confusion of thought into his speech of two or three minutes' duration than one would have imagined possible. He has said he has no objection to imposing a retrospective penalty on the conscientious objector because that person, if he had known beforehand of the penalty, would, if he were honest, have still acted in the same way. But let me apply that to the case of a sincere rebel who commits a serious offence against the State which, at the moment, is not, according to the law, an act of high treason. The Legislature afterwards finding that it cannot get a capital conviction against the man proceeds to make the offence an act of high treason. It decides to apply the new law retrospectively, and turns round to the unhappy man and says, "You have no right to complain about being hanged, because if you were an honest man you would have acted in just the same way. You must, therefore, go and be hanged." My hon. Friend seemed to indicate I was a supporter of the conscientious objectors, who have been described as dishonest. That is far from my view. He wishes to give a vote to every person who passes through the ignominious door which the Home Secretary has congratulated himself on leaving open. But my hon. and learned Friend in his present confusion of mind seems to be incapable of applying the normal principles of legislation to these men. I was very much impressed with the quotation read just now from the speech of the Home Secretary, and I was delighted to hear my right hon. Friend say he adheres to the sentiments therein expressed. I think we may claim his vote on this occasion in view of that statement. It is quite true that this subject has been discussed before, but it has never been raised as a separate issue, and I would remind the right hon. Gentleman that this House has constantly exercised the power of modifying or reversing its former decisions. Right hon. and hon. Members are supposed to vote on the merits of a question, and I hope, therefore, we may have the support of my right hon. Friend, not only in argument, but also in vote. We want to bring together, if we can, his convictions and his actions, and in that happy union we shall have his support strengthened alike, not only by his reasoning, but also by his vote, and we shall then be able to persuade the majority of this House to carry this Amendment into the Bill.
May I just call attention to the exact point of this Amendment? It is whether this provision should operate before the passing of the Act or only after the passing of the Act.
I only want to ask the Home Secretary one question. Am I right in supposing the Government Whips are going to be put on against this Amendment?
I hope they will not.
If they are put on, will the position be this: On the Committee stage the Home Secretary expressed a very strong view about making the penalty retrospective. On the Report stage the right hon. Gentleman said he still held that view, and on that occasion he refrained from voting. Are we to understand that, though he still holds that view, he is going to put the Government Whips on in order to force hon. Members to go into the Lobby to support something he does not agree with? If so, will he himself be there? It seems to me that it is a new feature in Parliament to have a Minister say that a policy is one with which he totally disagrees, and then to put on the Government Whips in order to force the House to carry it.
I hope the Government will persist in their objection, and that they will put on the Government Whips. This matter has been discussed and rediscussed, and I want to say here and now that, precedent or no precedent, in these times I am going to support the Government when they bring forward such measures as these to take the vote away from those who are not prepared to stand up and assist their country. That is the whole point at issue. I am rather surprised at the attitude adopted by the Noble Lord (Lord H. Cecil.). He stated just now that at all events the honest man would not have a vote. Does the Noble Lord think that under these circumstances he is going to have a vote? I shall be rather interested to see what the result will be hereafter when he has voted. Had the Home Secretary got up and stated that he intended to put on the Government Whips I should not have troubled the House. I only want to say this: that whatever may have taken place before on the question of laws being made retrospective, the country now stands in a very different position, and it is our duty to see that it is not deprived of men for the Army simply and solely because a man says, "I am a conscientious objector."
Question put, "That those words be there inserted in the proposed Amendment."
The Committee divided: Ayes, 104; Noes, 136.
Division No. 133. AYES. [7.55 p.m. Adamson, William Gulland, Rt. Hon. John William O'Shee, James John Ainsworth, Sir John Stirling Gwynn, Stephen Lucius (Galway) Outhwaite, R. L. Allen, Arthur A. (Dumbartonshire) Hackett, John Parrott, Sir James Edward Anderson, W. C. Harris, Percy A. (Leicester, S.) Price, C. E. (Edinburgh, Central) Baker, Joseph Allen (Finsbury, E.) Healy, Maurice (Cork) Raffan, Peter Wilson Birrell, Rt. Hon. Augustine Hearn, Michael Louis Rea, Walter Russell (Scarborough) Blake, Sir Francis Douglas Holt, Richard Durning Reddy, Michael Bliss, Joseph Howard, Hon. Geoffrey Robinson, Sidney Boland, John Pius Jones, Rt. Hon. Leif (Notts, Rushcliffe) Runciman Rt. Hon. Walter (Dewsbury) Bowerman, Rt. Hon. C. W. Joyce, Michael Samuel, Rt. Hon. H. L. (Cleveland) Brady, Patrick Joseph Keating, Matthew Scanlan, Thomas Brunner, John F. L. Kelly, Edward Scott, A. MacCallum (Glas., Bridgeton) Burns, Rt. Hon. John Kennedy, Vincent Paul Seely, Lt.-Col. Sir C. H. (Mansfield) Cecil, Lord Hugh (Oxford University) King, Joseph Sheehy, David Clough, William Lambert, Richard (Wilts, Cricklade) Smallwood, Edward Collins, Sir W. (Derby) Law, Hugh A. (Donegal, West) Smyth, Thomas F. (Leitrim, S.) Condon, Thomas Joseph McGhee, Richard Sutton, John E. Cosgrave, James M'Kean, John Taylor, John W. (Durham) Crumley, Patrick McKenna, Rt. Hon. Reginald Taylor, Theodore C. (Radcliffe) Devlin, Joseph McMicking, Major Gilbert Thomas, Rt. Hon. J. H. (Derby) Dickinson, Rt. Hon. Willoughby H. MacNeill, J. G. Swift (Donegal, South) Thorne, G. R. (Wolverhampton) Duffy, William J. MacVeagh, Jeremiah Thorne, William (West Ham) Edge, Capt. William Maden, Sir John Henry Toulmin, Sir George Edwards, J. H. (Glam., Mid) Mason, David M. (Coventry) White, J. Dundas (Glasgow, Tradeston) Farrell, James Patrick Meehan, Francis E. (Leitrim, N.) White, Patrick (Meath, North) Ffrench, Peter Millar, James Duncan Whitehouse, John Howard Finney, Samuel Molloy, Michael Whitty, Patrick Joseph Fitzgibbon, John Mooney, John J. Williams, Aneurin (Durham, N.W.) Fitzpatrick, John Lalor Morgan, George Hay Williams, Penry (Middlesborough) Flavin, Michael Joseph Muldoon, John Wilson, Rt. Hon. J. W. (Worcester, N.) France, Gerald Ashburner Nolan, Joseph Wilson, W. T. (Westhoughton) Galbraith, Samuel Norman, Sir Henry Wood, Rt. Hon. T. McKinnon (Glasgow) Gilbert, J. D. Nugent, J. D. (College Green) Glanville, Harold James O'Connor, John (Kildare, N.) TELLERS FOR THE AYES.—Major Hayward and Mr. Dillon Goddard, Rt. Hon. Sir Daniel Ford O'Neill, Dr. Charles (Armagh, S.) Graham, Edward John O'Shaughnessy, P. J.
NOES. Allen, Major W. J. (Armagh, N.) Bathurst, Col. Hon. A. B. (Glouc., E.) Bryce, J. Annan Archdale, Lieut. E. M. Beauchamp, Sir Edward Bull, Sir William James Astor, Major Hon. Waldorf Beck, Arthur Cecil Burdett-Coutts, William Baldwin, Stanley Bellairs, Commander C. W. Butcher, John George Banbury, Rt. Hon. Sir Frederick G. Boles, Lieut.-Col. Dennis Fortescue Carew, Charles R. S. (Tiverton) Banner, Sir John S. Harmood. Boscawen, Sir Arthur S. T. Griffith Carnegie, Lieut.-Col. D. G. Barnes, Rt. Hon. George N. Bowden, Major G. R. Harland Cautley, H. S. Barnett, Capt. R. W. Brassey, H. L. C. Cave, Rt. Hon. Sir George Barnston, Capt. Harry Bridgeman, William Clive Cawley, Rt. Hon. Sir F. (Prestwich) Barrie, H. T. Brookes, Warwick Cecil, Rt. Hon. Evelyn (Aston Manor) Chamberlain, Rt. Hon. J. Larmor, Sir J. Rothschild, Major Lionel de Cheyne, Sir W. W. Law, Rt. Hon. A. Bonar (Bootle) Rutherford, Col. Sir J. (Lancs., Darwen) Clive, Col Percy Archer Layland-Barratt, Sir F. Rutherford, Watson (L'pool, W. Derby) Coates, Major Sir Edward Feetham Levy, Sir Maurice Samuels, Arthur W. Coats, Sir Stuart A. (Wimbledon) Lewis, Rt. Hon. John Herbert Samuel, Samuel (Wandsworth) Cochrane, Cecil Algernon Locker-Lampson, G. (Salisbury) Sanders, Col. Robert Arthur Compton-Rickett, Rt. Hon. Sir J. Long, Rt. Hon. Walter Scott, Sir S. (Marylebone, W.) Coote, William Lowe, Sir F. W. Birm., Edgbaston) Sharman-Crawford, Col. R. G. Cornwall, Sir Edwin A. Loyd, Archie Kirkman Smith, Rt. Hon. Sir F. E. (Liverpool) Craig, Col. James (Down, E.) McCalmont, Brig.-Gen. Robert C. A. Spear, Sir John Ward Craig, Norman (Kent, Thanet) MacCaw, William J. MacGeagh Stanley, Rt. Hon. Sir A. H. (Asht'n-u-Lyne) Craik, Sir Henry Macmaster, Donald Starkey, Captain John R. Currie, George W. McNeill, Ronald (Kent, St. Augustine's) Strauss, Edward A. (Southwark, West) Dalziel, Davison (Brixton) Malcolm, Ian Sykes, Col. Sir A. J. (Ches., Knutsford) Denison-Pender, Capt. J. C. Marks, Sir George Croydon Sykes, Col. Sir Mark (Hull, Central) Denniss, E. R. B. Mason, James F. (Windsor) Terrell, George (Wilts, N.W.) Duke, Rt. Hon. Henry Edward Mond, Rt. Hon. Sir Alfred Terreli, Major Henry (Gloucester) Du Pre, Major W. Baring Morison, Thomas B. (Inverness) Tickler, T. G. Fell, Arthur Mount, William Arthur Touche, Sir George Alexander Fisher, Rt. Hon. W. Hayes (Fulham) Munro, Rt. Hon. Robert Turton, Edmund Russborough Fletcher, John Samuel Neville, Reginald J. N. Walker, Col. W. H. Forster, Rt. Hon. Henry William Newman, Major John R. P. Walsh, Stephen (Lancs., Ince) Gibbs, Col. George Abraham Nicholson, William G. (Peterfield) Wardle, George J. Goulding, Sir Edward Alfred Parker, James (Halifax) Warner, Sir Thomas Courtenay T. Gretton, Col. John Pearce, Sir Robert (Staffs, Leek) Wason, John Cathcart (Orkney) Hall, Lieut.-Col. Frederick (Dulwich) Pease, Rt. Hon. Herbert Pike (Darlington) Watson, Hon. W. (Lanark, S.) Harcourt, Robert V. (Montrose) Pennefather, De Fonblanque Whiteley, Herbert J. Harris, Sir Henry P. (Paddington, S.) Perkins, Walter F. Wilson Capt. A. Stanley (Yorks, E.R.) Hewins, William Albert Samuel Pollock, Sir Ernest Murray Winfrey, Sir Richard Hickman, Brig.-Gen. Thomas E. Pretyman, Rt. Hon. Ernest George Wood, John (Stalybridge) Hope, James Fitzalan (Sheffield) Pryce-Jones, Col. E. Worthington Evans, Sir L. Hope, Lt.-Col. J. A. (Edin., Midlothian) Rawlinson, John Frederick Peel Yate, Col. C. E. Horne, Edgar Rees Sir J. D. (Nottingham, E.) Young, William (Perth, East) Illingworth, Rt. Hon. Albert H. Roberts, Rt. Hon. Geo. H. (Dulwich) Jones, W. Kennedy (Hornsey) Roberts, Sir J. H. (Denbighs) TELLERS FOR THE NOES.—Lord E. Talbot and Mr. Pratt. Kellaway, Frederick George Roberts, Sir S. (Sheffield, Ecclesall) Kinloch-Cooke, Sir Clement
8.0 P.M.
I beg to move, as an Amendment to the proposed Amendment, to leave out the words "within in one year after the termination of the War, proves to the central tribunal, as established for the purpose of the Military Service Act. 1916, that he had," and to insert instead thereof the word "has."
This Amendment does not raise many very grave questions of principle, but it is a matter of machinery on which the Government may have a good answer or may be ready to accept my Amendment. The Home Secretary's Amendment reads: law, if questions arise for a court of law. I must confess I do not quite understand why the Home Secretary has put in any reference to the central tribunal. I shall be greatly surprised if the central tribunal receives the suggestion with any satisfaction. I should think that, as a matter of inclination, they would be very violently opposed to the duty which the right hon. Gentleman proposes to throw upon them, and I see very great inconvenience in the machinery. The Home Secretary requires people to apply for a certificate. I speak under correction of those who know more about it than I do, but I am told that among this class of the Society of Friends—who have shown in many respects so admirable a spirit, as my right hon. Friend thinks no less than I do, the very people who do minesweeping, who are in the ambulance unit, and the like—there are many who will be very reluctant to put forward any application of this kind. They would feel, I am told, that to do so would be to reflect on the consciences of other people, and to try and get for themselves a privileged position because of their good work, which would be against their sense of modesty in this matter and against their sense of charity to other conscientious objectors with whom they do not entirely agree but with whom they have a strong sympathy. I am sure my right hon. Friend would agree with me that after making a concession of this kind, it is desirable to make it gracefully and in a form that will be acceptable to those it is intended to relieve. If I am rightly informed, and these people would refrain from accepting this privilege which seems to reflect on others, I think that by itself would be a sufficient reason for omitting the provision. I must confess I do not understand why the ordinary machinery which applies to any other disqualification should not apply to this. There are other disqualifications set out in Clause 8, and I do not see why this limitation of a disqualification should not come up in the ordinary way before the registration authority or the courts of law like any other. Perhaps the Home Secretary may have an explanation that will convince me, but in the meantime I will move this Amendment.
If you are imposing a disqualification, or removing a disqualification, I think it is important to be quite sure of the facts, and to have no doubt whatever about them. If no tribunal is to be provided for the purpose, then it would be the duty of the registration officer to consider whether the man in question has served in the Army or Navy, the Red Cross, or some other body with a similar object, or whether he otherwise comes within the exemption from this disqualification. I think that ought not to be a question for every registration officer. They might take different views, the one from the other, and we thought, and still think, that it is far better to have some tribunal to determine this point upon similar lines in every case. I do not think that we could have a better tribunal than the central tribunal, which is very familiar with this class of inquiry, and we therefore propose to submit these cases to it, and to enable an application to be made to them at any time within a year after the expiration of the War. I think, on the whole, it is better to have someone who will give a decision that will crystallise the ascertained facts.
Did the right hon. Gentleman say that the application can be made before the termination of the War? As I read the words, the application cannot be made until after the termination of the War, and then it may be made within twelve months. The effect of that would seem to me to be that every conscientious objector would be disfranchised during the continuance of the War, even if it should last some years, but that at the end of the War he would have a space of twelve months within which he could apply for a certificate. I do not think it can be contended that men who are doing work as stretcher-bearers, or mine-sweepers, should be disfranchised during the War, and merely have the right to apply at the end of the War for that disfranchisement to come to an end.
I accept that. I think it should be "before the expiration of," and that the words could be introduced here; but if that be not possible, I will see that they are proposed in another place.
I have already put the Question, "That the words proposed to be left out stand part of the proposed Amendment." The words referred to by the right hon. Gentleman could be moved if the present Amendment were withdrawn, but not otherwise.
I should like to put to the Home Secretary a point as to why I think the Amendment might be accepted, and why I think it would be to the national benefit that it should be accepted. This introduces an entirely new provision into the assessment of electoral disability, and what I fear is that if the Bill remained in this form there would always be a lot of popular prejudice and passion attending the sittings of this tribunal when peace had been declared, and the same sort of unhappy controversy which now goes on in certain newspapers in connection with proceedings before these tribunals. I am afraid that the same kind of unhappy controversy, with all the passion and bitterness that it stirs up, will be continued into the years of peace. The Home Secretary, I think, will admit that this is an entirely new provision in our law. This Bill has not passed, and at present we have an electoral law which provides a great number of disabilities. We do not set up a special tribunal before which every person has to go publicly in order that it may be decided whether he is entitled to vote, and to obtain a certificate that he is so entitled to vote. I would suggest to the right hon. Gentleman that the ordinary provisions of the law are quite sufficient to deal with the matter without continuing the sittings of this tribunal or requiring anyone to go before it.
I only want to draw the Home Secretary's attention to one or two points which I really think require a little elucidation. In the first place, how do these people get on this sort of Black List? They have here a right of appeal, as it were, to the Central Tribunal, but how do they get on to a list at all, and at what time?
When they are exempted or imprisoned as conscientious objectors.
The right hon. Gentleman means that it would be the duty of the registration officer not to put any of these people on the register?
Not if he knows it, unless the man has a certificate.
Unless these men have certificates it is the duty of the registration officer not to put them on the list, and the result is that it is not a matter for the party agents at all, but for the registration officer. It seems to me that that would raise very considerable difficulties if a man was objected to and suddenly found himself left off just before the year had ended after the termination of the War. We do not know yet what date "the termination of the War" will be. We are told there may be a special Act for that. Supposing a man finds himself suddenly removed from the register on this ground just before the year has expired. What happens then? It seems to me a perfectly possible case, because we all know that people do get on the register who have not a right to be there, despite the most vigilant registration officer, and I should like to know if the man in the case to which I have referred is to be shut off. The Amendment puts it in a much simpler way, and if you refer to any person who during the War has taken up this service you leave it to the registration officer, and you have nothing to do with it when the War finishes. There is no limit of time, and I suggest that all these officials who have to deal with questions of claims are perfectly able to deal with any question of fact like that. I cannot see any reason whatever for keeping the Central Tribunal alive for this purpose. It seems to me to raise all sorts of difficulties. I take it the claim would go in writing, as the appeals go now, to the Central Tribunal, but it seems to me to raise all sorts of difficulties.
There is a case to which my hon. and learned Friend (Mr. Hemmerde) has not referred. A man might be put on the register, but at some date after the expiration of the year someone might call the attention of the registration officer to the fact that he was subject to this disability. In that case he would not have this right to appeal, because it could not exist, and he would not be able to clear himself. Perhaps the Home Secretary will explain whether that case is not possible?
We want every man entitled to this exemption to establish his claim at the earliest convenient moment. We do not want it hanging over for years after the War is ended. Everybody who is a conscientious objector will know of this Bill when it becomes an Act, and he can go to a tribunal and say, "I want my certificate." And he would get one, unless someone objects to him.
Surely that is a reversal of our ordinary practice. If you inflict a disability on a man it is for you to prove that he is subject to that disability. It is not at all clear in this Bill how a man comes to get on the black list in the first instance. Is the registration officer to inquire into the past history of all the people he puts on the register? That would be an impossible task for a registration officer. I do not see how this proposal is going to work in practice at all. It would be all the better if it does not work, because I think it is a monstrous piece of legislation. We ought to have some explanation of how the thing is going to be worked. There might be the case of a man who, having considered the matter, felt he was free from the disqualification, but more than a year after the War, when the tribunal has passed out of being, some busybody might bring a charge against him that he really was disqualified, and he would have no means under the Bill, if these words remain in, of making an appeal, because there would be nobody to whom to appeal.
I believe these words are required in the interests of the conscientious objector himself. I quite see the difficulty pointed out by the hon. Gentleman opposite in regard to the registration officer's duty; but if these words are not inserted the effect would be that the registration officer would reject the man's claim because he was unable to prove his case before the registration officer. It might be difficult for the man to prove he had, in point of fact, been, for instance, on service in the naval or military forces on full pay. How could a conscientious objector who had been put off ipso facto because he was a conscientious objector rebut that presumption against himself, and say that he had been on full pay, unless he gets from some competent authority a certificate to show that he comes within the exception? Therefore, although my hon. and learned Friend (Mr. Hemmerde) and the right hon. Gentleman (Mr. M. Wood) apparently speak in the interests of the conscientious objectors, they would, in fact, be doing them a great disservice if they struck out these words which, apparently, make for their protection.
I do not see there is any difficulty in that at all, because the man has to make proof now to the Central Tribunal. It does not matter before which tribunal he proves it. There is real substance in the objection that a man may find himself, when more than a year has expired, put off the list through the action of some busybody. He would be left without any appeal. There is no answer to that at all. I would urge the Home Secretary to let us have it made perfectly clear that there is no limit of time in this matter. The idea of the Central Tribunal being the authority is a mistake. You may find a man who has done some good service put off by some busybody, and there cannot be any appeal, because the Central Tribunal will have gone, and his vote has gone with it.
May I ask the Home Secretary whether there is not a list of conscientious objectors in the possession of the War Office?
indicated dissent.
It must be possible to make up a list of those who have been before the tribunals, and who, on the ground of conscientious objection, come within these exemptions. If that be so—and it ought to be possible—the problem would be simple. Any man on that list ought to come on the register without any question at all, and it would be unneces- sary for him to go through the process of proving the fact before the tribunal, because it ought to be known to the authorities already. All these people have been passed by the tribunal, and have either been exempted by it—
Oh, no; many of them have not been exempted, and have been convicted afterwards of disobedience to orders.
That hardly gets over the difficulty. A certain number have not gone before the tribunals, but have merely declined to obey the calling-up notice, and have been convicted on one or other counts of disobedience to commands. Those persons are not exempted, unless after they take service on full pay or service in connection with the War of a naval or military character, or service afloat or abroad. Supposing they do that afterwards, they are then entitled, as the Home Secretary's proposal stands, to exemption. How are they going to prove that? I do not go so far as the right hon. Gentleman opposite (Mr. M. Wood) in using epithets and adjectives in this matter, but I limit myself strictly to the question of this particular Amendment. Whatever we think of this, whether we think it good or bad, I agree with the right hon. Gentleman that I am afraid it will not work. You do not want people to be at the mercy of any busybody afterwards. We all know what will happen. Any political party which thinks it will benefit by having these persons struck off, will have their witch doctors smelling sorcery, and using every effort to prevent these persons getting on the list. It will be intolerable. There are certain kinds of small irritations which are almost more dangerous to the body politic than large ones, because they are apt to be overlooked, as they apply only to a few individuals, yet they go on festering, and create a very undesirable state of public opinion. I am speaking in the spirit of trying to make this Amendment work. There is a number of persons, particularly certain Quakers, who would never go before a tribunal to prove this. They would feel that they were setting up their own opinion against that of others, although the Central Tribunal, or any other authority you set up, would know perfectly well they would come within the categories of this Amendment. The Amendment will require completion by the Government and its draftsmen. The proposal of the Noble Lord certainly makes the Amendment simpler, and comes nearer to carrying out what the right hon. Gentleman himself intends, namely, that persons who come within his categories shall have their votes with as little trouble as possible, subject to the facts about them being known. The words of the Home Secretary's Amendment will not secure that.
May I point out that this question will arise very soon. It will arise in February. The moment the Bill goes through, the new register will be commenced at the end of January or beginning of February. That is the time when this question will have to be decided. It would be better to let these men be put on in the ordinary way by the registration officer. Then if anybody likes to challenge them, they will have to prove their exemption in the ordinary way. We are really here setting up an arrangement which will prevent them getting on the register and obtaining their rights.
I think there is something in these points, especially the point about the one year. With the permission of the Committee I will think the matter over, and see what I can do.
Amendment to the proposed Amendment, by leave, withdrawn.
I beg to move as an Amendment to the proposed Amendment, to leave out the words "or any other body with a similar object."
I do not propose to press the Amendment upon the Committee, but I wish to take advantage of the opportunity to make one or two observations which may be worthy of the consideration of the Home Secretary. Many Members have said to-day that they do not like indefinite words inserted in the Bill. Following on those lines it would be better if it were possible to insert the names of the societies which it is intended to emphasise in this part of the Amendment instead of leaving it in the wide form of the words "any other body with a similar object." We have already had Amendments full of difficulty over the question of conscientious objectors owing to the very wide scope which has been allowed in that phraseology. It was suggested, when the Military Service Act was before the House, that the word "Quakers" should be introduced. That would have made it definite. It will be very inconvenient if you have to decide what other body has a similar object. The case might come before the Law Courts, and it might go on for a considerable time and put a great number of people to very great expense which might be altogether avoided if you had put in the name of the bodies which you have in view. I have no doubt the Home Secretary will say: At present we have not in view anybody, but we want to have a door through which certain people may escape. I am not so anxious to have that door. I rather want to close it up, and to keep the conscientious objectors within the four corners of the apartment. I want to have it quite definitely defined what conscientious objectors will be disfranchised and who will not. You will find a great number of men will be joining parties and going over to France under the auspices of those parties, saying they have done some service abroad or afloat and coming back and claiming the vote.
I will give an instance of a man called Fox. He is Fox of Wellington, a son of the chairman of the local tribunal. He was quite a young man—about twenty-four or twenty-five. Up to the time of the War he had been mixing with other men of a similar age, had indulged in games, dances and various other things, and taken a prominent part in the social life of the county. When the War broke out he said he had a conscientious objection to fighting. He had to go before the tribunal, but meanwhile he had joined the Friends' Ambulance Unit and the military representative was told that he had no alternative but must ask the tribunal to give him a certificate and let him go. He was not a member of the Society of Friends, but told the tribunal that he agreed with them on the question of fighting. His father makes khaki and puttees and has made an enormous fortune out of the War, and in the course of time he will come into this large fortune. If he could obtain an asylum in the Friends Ambulance Unit you will find a great number of other men not in his social position who will have found similar asylums in other units. There are a great number of units which will occur to hon. Members within whose borders it would be quite possible for a man to obtain some kind of work which would carry him over to France for a few weeks or months before the end of the War and he could then obtain a vote. I wish to ask the Home Secretary if he can see his way to avoid the use of these general terms and to insert the Red Cross Society or the Order of St. John of Jerusalem or the Friends' Ambulance Unit if you like, or any particular society which the Home Secretary has in view.
The instance the hon. Member gave of the young man Fox would not have come within this category because he has for three years been working in connection with an ambulance unit, which is a direct unit of the Red Cross. I will not discuss the possibility of a heredity of conscience or no conscience. Because a father would be willing to serve it does not follow that the son would not have a conscience which prevented him from serving, but as the case is not relevant to the Amendment the hon. Member will excuse me from replying to it. The question I wish to raise in connection with these words is whether it would include, as I presume it is intended to include, societies like the Friends War Victims Relief Committee, which did such excellent work all through the Franco-German War, and for the last three years has been labouring at reconstruction in the province of the Marne and other provinces on the south-east battle front directly under the French Red Cross and not the British Red Cross. They have been exposed to dangers and difficulties, as anyone must who is working in a war area, and right hon. Gentlemen opposite will recognise the great work they have done in opening maternity and typhoid hospitals for both men and women and taking risks in the shady side of war in a way which I feel sure would make the Government wish to protect them if they protect anyone. They have members in the unit of military age, most of whom have been serving since before the Act came into force, but constantly, and from time to time, tribunals have definitely released them and recognised the work they are doing in France, and I hope and believe they would come under this category as much as any other war worker who leaves his home and exposes himself to all the difficulties of living in these areas to do work which is essentially aimed at mitigating the horrors incidental to war.
The object of my right hon. Friend's Amendment is to give exemption from disqualification to those who have done work in connection with the Red Cross Society or the Order of St. John of Jerusalem or in connection with bodies like the Friends' Ambulance Units. I think that is the desire of the House, and I hope my hon. Friend will not press his Amendment, because it is necessary to make provision for other bodies doing work with a similar object and in similar circumstances to the Red Cross work and the work of the Order of St. John, so that those engaged in that work may have exemption from disqualification. I think we must have some such words as are in the Amendment. It would be very difficult at the present time to specify all the different societies that may be doing work of this kind and to survey the societies which may come into being between now and the end of the War in which members may do work of an excellent kind which we should think would entitle them to exemption from disqualification. Therefore, I cannot accept this Amendment.
Amendment to the proposed Amendment negatived.
I beg to move, as an Amendment to the proposed Amendment, after the word "object," to insert "or (4) Has done work of national importance in accordance with the decision and to the satisfaction of the appropriate tribunal or authority."
I hope the Committee will not think I am trespassing unduly on its time if I try to develop as well as I can the reasons which have led my hon. Friend (Sir George Greenwood) and my hon. Friend (Sir Charles Henry) as well as myself to put down this Amendment. The attitude which I take at this stage of the Bill is that of a Member of Parliament who accepts quite frankly the decision of the House to import into our law the new and striking principle of disfranchising certain persons who are not considered by the House, as expressing its opinion in that Division, as being in connection with the War such citizens as should have the power of voting. This Amendment, from the point of view of a person who accepts that decision, is not only in order, but is strictly, and I hope the Government will consider it so, relevant to the exceptions and the provisoes which have been put in by the Home Secretary in the Clause which I am seeking to amend. May I remind the Government and the Committee of the circumstances under which the House came to that very important and almost momentous decision which embodies the principle of disfranchisement. They came to that decision after a long Debate which showed the sharpest difference of opinion, and which showed not only sharp difference of opinion on principle, but great variety of opinion as to the degree in which the principle ought to be applied. Just before the Division the Home Secretary, speaking with his usual moderation and force, used the very significant words which I desire to quote: tain important philanthropic and valuable undertakings, which are among the great reliefs to the horrors of war and which are as truly war service as that which is discharged by the most eminent members of the Infantry, the Cavalry, or the Engineers. It thus carries out the statement that this disqualification is only to attach to those who have done no service whatever to their country in the War and in respect of the War.
The first point I would urge with great respect, and at the same time with great confidence, is that you cannot draw a line between National Service abroad and afloat and National Service at home, and for this reason, that it does not rest with the will of the individual as to whether he shall discharge that service abroad, afloat, or at home. It rests with the authorities and not with him, and I am quite sure that my right hon. Friend (Mr. Hayes Fisher) and the Home Secretary would never dream for a moment of saying that it was fair to deprive a man of his vote as a citizen if he were equally willing to serve in an ambulance in France or in England, but who, owing to the decision of other people, had no opportunity of going to France, but was doing exactly analogous work within the narrow seas. Therefore, I do represent to the Government and to the Committee—and in this I think I can appeal to one's fellow Members entirely independent of their political opinions or their varying personal experiences—that if you are going to say that people are not to lose their votes if they are doing work of national importance in connection with the War, surely that must apply to those who are willing to go abroad, who have not been able to go abroad, but are doing precisely the same work within the British Isles at the command and in accordance with what is considered best by the responsible authorities, and yet they are deprived of the vote unless you add a further proviso to those which my right hon. Friend has brought before the Committee.
In the next place, why is work of national importance to be limited to those particular Departments which are covered by the Home Secretary's proviso in Debate on this matter in this House? The point was taken up by many Members—a very fair point to take—that the real test was whether a person had undergone risk or not—risk, I suppose, of life or limb. That, surely, is no sound criterion, because many people in the interest of the country have not been allowed to take positions in which that risk would arise. There are hundreds of thousands of soldiers in this Island to-night, every one of whom would be willing to face anything in any part of the globe, who in the interests of the country are kept in this Island and run no greater risk than we do from air raids and various incidental accidents of the great War. Therefore we cannot take risk as the criterion. Surely the criterion is that a man is prepared at a time of national crisis and danger to do for his country work which is decided to be of national importance by an independent authority in the doing of which he is prepared to make some sacrifice. There is the true distinction between good citizens and citizens whose consciences or other less amiable qualities prevent them from being good citizens. The object of this Amendment is, as far as words can do it, to draw the line in accordance with that principle.
My Amendment suggests that you should also allow to continue to be voters persons who have been doing work of national importance, in accordance with the decision and to the satisfaction of the appropriate tribunals and authorities. I will state from my own practical experience on these tribunals what is actually happening. I have taken my part with colleagues in deciding matters of conscientious objectors in scores of cases. A man comes forward and says he is a conscientious objector. Questions are drafted, which he answers, showing primarily that he objects to the taking of human life, or doing anything that would assist in helping to take human life. I am not going to argue that, but every student of history knows that there have been people found who take that view in all periods of history and in many parts of the earth. The object of the Act which was passed through both Houses of Parliament and received the assent of His Majesty was to deal especially with the point raised by many men who say, "We cannot take any part in the shedding of blood, and we will not take any part in military work which helps it." What the tribunal of which I am a member, and other tribunals practically everywhere in the country, say is, "If you will not do that, what will you do for your country now that she is at war?" And again and again the man himself says, "What do you want me to do?" Thereupon not the man himself, but the tribunal say, "In order to satisfy us that you are really a conscientious objector, you must show us that you are prepared to make sacrifices and to do something of real national importance other than what you are doing to-day"—because, I may say, in parenthesis, that all kinds of people in this country have got exemptions on the ground, which has nothing to do with conscience, that their work is so important to the nation that they cannot be asked to go into the Army, and whether they are conscientious objectors or not is of no concern to the State. What the State is concerned in deciding is whether their everyday work is of sufficient national importance to keep them at it. I am talking ex hypothesi of people whose ordinary work is not so important as to justify them being kept out of the Army, and they say to us, "What work of national importance do you want us to do?" And we always ask, "Are you willing to do so-and-so or so-and-so," the doing of which is at a peculiar sacrifice, and under such conditions that there is no doubt about it that the man is maknig a sacrifice to conscience and thereby persuading us that he is genuine.
What happens? Over and over again I have seen men offering to go to ambulance work in France, and I have seen letters from the organisations saying, "At the present moment we are full. We cannot take anybody else," and I have known cases of men willing to go to France under conditions that would bring them within the third proviso who have not been able to go there because at that time there was no room for them, and it was our duty as members of an Appeal Tribunal to see that they did something of national importance at once and did not dawdle about at home for some indefinite period until there was room for them in that unit or something else of the kind. Last spring I do not suppose that there was a single tribunal in Great Britain which did not receive weighty letters from the Government, through the Board of Agriculture, saying that above all men were wanted on the land. We saw soldiers brought back from military service to do imperative work on agriculture. What did the tribunals do? Over and over again, acting, it may be, wrongly but at any rate honestly, they asked and, in fact pressed, if necessary, conscientious objectors to go on the land rather than to go to the forms of service which would now save them their vote. Why? Because the tribunals honestly believed that the best thing they could do for the country at the moment was to send these men to work on the land and increase the food supply in view of the submarine menace. Therefore, all through this country, in the case of men who have proved their conscientious objection to the satisfaction of tribunals who, because they have accepted work of special national importance or of more importance than their ordinary daily work, and have accepted it in a very large number of cases at the instance and suggestion of the tribunals, surely, however much we are devoid of sympathy with these curious people, we are all the more bound to do them justice.
For my own part, the position which the conscientious objector takes up in regard to citizenship is a position which I abhor. I feel far more strongly than I have power to express it, sorrow, almost resentment, that there should be any fellow-countrymen who are desirous to limit in any way what they can do for their country at such a time as this, but the very fact that we can have no sympathy with them or with their conclusions should make us the more anxious to do them scrupulous justice, and if they have accepted work of special national importance, other than their own, at the instance of those tribunals, who were appointed by His Majesty the King on the recommendation of the Government, supported by this House and by the other House of Parliament, have they not done, in the words of my right hon. Friend the Home Secretary, some service to the country in respect of this War? I submit that they have, and that if this Bill, when it becomes an Act, is not merely to represent the triumphant enactment of one school of thought, or rather I ought to say, one kind of scheme, but is to command acquiescence widely and throughout the nation, it must be founded on such principles of justice, so expressed and carried out that they are capable of logical defence, and do not indicate the conclusion of a passion, though that passion be a passion of patriotism, but indicate the careful reasoned conclusions of a great deliberative assembly such as the House of Commons.
9.0 P.M.
Therefore, I submit to the Committee that it is strictly in accord with the very impression under which the House gave its decisive vote, that people who have done this national work at the direction and to the satisfaction of these tribunals—and in cases of this kind they are automatically reviewed and considered, almost from month to month, certainly within very short intervals—should retain the vote. They do national work to the satisfaction of the tribunals, as well as doing it in accordance with their directions. I have a fairly wide knowledge of the tribunals, and I am bound to say I have never been present at one, or heard of one, which was unduly swayed by prejudice in favour of the conscientious objector; nor ought it to be, for many men who form part of those tribunals have brothers and sons fighting for us, and themselves are doing unselfish and unpaid work day after day for the nation; and surely, in view of that, you ought to have a guarantee that you are not going to have shirkers getting through these meshes, especially if you adopt the method which I propose, that the conscientious objector should do work at the instance of the tribunals, and continue it to the satisfaction of the tribunals. What I mean is, that a man who objects to shedding blood should do some work of national importance; and surely it is not unreasonable, if he does that work of national importance, at the direction of the tribunal, and to the satisfaction of the tribunal, he should not be deprived of his vote. There is a difference between the man who will do national work of some description—though he objects to shedding blood—and the man who conscientiously declines to do any kind of work, or to take up the duties of citizenship, at a time like this. I submit that the basis which I propose is logical, and it would not have the effect of depriving of votes men who are ready to discharge all the ordinary duties of citizenship, save that which would involve the shedding of blood. There are men who are ready to suffer rather than do it, and we have had such cases happen to men of the loftiest character, who have suffered the penalty imposed rather than do that which was against their conscience. But where such men are ready and willing to do national work they should retain the vote, and take their part as citizens of the country. But in the case of those men who, pleading conscientious objection, will do no kind of national work whatever, then it is fair to say that they shall not have the franchise nor share the responsibility of helping to decide national questions. If you adopt the proposal which I have put before you it is obvious that many will agree with it, but if you go beyond that, and say you will leave all these persons deprived of the vote, in that case you are going to cause widespread injustice, and do much harm to national efficiency. I do hope the Government will view this suggestion favourably, and that it will also commend itself to the Committee, who will see their way to accept it. I can assure them if they do that they will put the nation in a position in which it is not likely to be shaken, either inside Parliament or out of it. But I do ask, when you are establishing a new and very serious principle, a principle unknown to our laws since the very worst years of Henry VIII., that it should be applied only in cases of urgency and national crises. Surely it is wise statesmanship, if you are going to apply such a wide principle, so far-reaching a principle, that you should apply it only in a way which is capable of thorough-going defence. It may be said, and if it is said it is true, that if the Amendment which I propose were accepted, it would fail to disfranchise a certain number of shirkers and base people. I agree, but, on the other hand, if this proviso is not accepted, you shut out from the vote numbers, and large numbers, of absolutely bonâ fide people, who are doing valuable national service. But have we not a well-tried principle in our legislation, of preferring that a certain number of guilty persons should go free rather than allow any innocent people to be punished, or to be put at a disadvantage, by the form of our legislation? It is surely far better that you should make the measure a little too wide—though you should catch persons whom you do not want, and who could not be caught if you carry out the Home Secretary's system—than to do injustice to a number of persons, and therefore, I hope the Government will frame the proviso in such a way that they will know that everyone who is doing special national work for the benefit of the country will retain his vote, and that such citizens are doing not only what they are allowed to do, but what they are told to do by the tribunals as being in the true interests of the country.
I desire to support the very persuasive speech of my hon. and learned Friend (Mr. R. Adkins). It would have been with the greatest reluctance, if possible at all, for me, that I would have supported the original Clause in this Bill if the Home Secretary had not given us the promise which he made the last time the matter was before the House. Now that he has produced his amended Clause I agree entirely, or nearly entirely, with all that has fallen from my hon. and learned Friend. I could not support this Clause if the Amendment of my hon. and learned Friend were not included. I feel that the words "any other body with similar objects" are rather an amateur and incomplete definition of what was really meant. I hope that in this matter we are really forcing an open door after the speech of my hon. and learned Friend. I am perfectly sure that what he has very wisely put down is what was in the mind of the Home Secretary when he made us his promise of a week or two ago that he would put into the Clause, so far as he could, words to cover what was in the mind of the House at that time. I have seen enough of the War at close quarters on the different fronts to know the value of the work done by the Society of Friends and other organisations outside the Red Cross and outside the Order of St. John of Jerusalem, and not, to speak quite accurately, with exactly a similar object, but objects really of a different kind. I have also seen enough of work in this country to feel that the real conscientious objector, whom I differentiate from another kind of conscientious objector, namely, the shirker, has done exceedingly good work for the Red Cross and for the Order of St. John of Jerusalem at home, and therefore he ought not to be differentiated against adversely by Sub-section (3), which only gives exemption for those on service afloat or abroad. It really must be remembered that those men who work as orderlies, as drivers of ambulances, and in all sorts of capacities in this country are releasing for work abroad men who have not got their particular conscientious scruples. Therefore, I hope, speaking practically of work I have known, and on behalf of colleagues with whom I have worked, and for whom I have sympathy up to a certain point, that His Majesty's Government will see fit to put in this well-worded Amendment, which, as I firmly and confidently believe, is the expression of the spirit of the promise made to us a week or two ago by the Home Secretary, and on the merits and strength of which he got a large division in support of the disfranchisement of another kind altogether of conscientious objector.
I, too, have listened to the very long exposition by the hon. Member for Middleton (Sir R. Adkins) of his Amendment. I think the only thing he was trying to prove was that this proviso of his was strictly in accord with the decision that we had come to in this House. I dissent entirely from that, and look on this proviso as entirely contrary to that decision. If this proviso were adopted, then, so far as I can see, the men who happened to be doing any work on the land would be exempted from this disability.
Only those men who are doing work upon the land which, in the judgment of the tribunals, was work of the best national importance which required to be done when they came before the tribunal.
That is working on the land. The conscientious objectors at Dartmoor are all working on the land and cultivating farms.
They are in quite a different position. They are working under compulsory discipline. The people I am speaking of accepted the proposal made to them by the tribunals, and are doing it of free will for the country.
We have heard of those men who act as drivers of ambulances and in other ways, and that they release men for service. Yes, but those men ought, in their turn, to be released by women taking their place, and those of military age ought to serve abroad. I think it is right and just that the Home Secretary has put this differentiation in the Bill, that they should do service in connection with the War of a naval or military character, or do service abroad. I think the words in the Bill cover everything, and I hope that the right hon. Gentleman will stick to his guns and not allow this proviso to be inserted.
I am sure that everyone who listened to the admirable and cogent speech of the hon. and learned Member for Middleton (Sir R. Adkins) must agree that there is very great force indeed in the arguments which he laid before the Committee. The case which has been referred to by the hon. and gallant Member (Colonel Yate) does not really arise. It has been pointed out before that those are not men who have had work offered to them by any tribunal, but are men who have been refused exemption and who have gone to prison and have been released from prison and set to work at Dartmoor. I understand my hon. and learned Friend not to intend to include those men in his Amendment. May I put this point to the President of the Local Government Board? I will take two typical cases for his consideration. You have two men going before the same tribunal with precisely the same circumstances—both of them conscientious objectors, both of them refusing to do military service. The tribunal says to each of them, "Are you prepared, if you are exempted from military service of all kinds, to do work of national importance?" They both say, "Yes; what work would you wish us to do?" The tribunal, acting on instructions from the Local Government Board, would say, "There are various kinds of work; there is ambulance work that is being done in France, or there is a great demand for work on the land, and it would be very valuable if you undertake work on the land." My hon. and learned Friend, who speaks with a long experience as the chairman of a tribunal, and who has first-hand knowledge of this matter which many of us in the House cannot claim, says of these cases that they do, in fact, constantly occur. There you have the two men in exactly similar circumstances and there you have the tribunal. The one is sent to work abroad. He saves his vote. The other is sent by the same tribunal, for similar reasons, at the request of the Government, to do work on the land in the production of food. He is disfranchised. Is it possible in any circumstances to defend that distinction? Of course, if at the time the tribunal had been aware that the man would be disfranchised if he worked on the land, then, of course, the case would be different. But the tribunal acted quite unknowingly and in such circumstances, and with what followed subsequently, I venture to submit that it is certainly quite out of the question to draw a distinction between these two cases.
The second illustration is this: That of another two men before another tribunal, and a similar set of circumstances. The tribunal asks each, "Will you do work at a hospital?" Both reply, "Yes." One man is sent abroad to work at a hospital at Boulogne. Similarly, the other is sent to work at the Star and Garter Hotel, Richmond, a hospital for incurables, where, I believe, as a matter of fact, the staff—a great majority—are members of the Society of Friends, who have been allotted to that most distasteful work in response to the request of the tribunals. They are doing it willingly. Can you say that the man who crosses the Channel and works at Boulogne in such-and-such a hospital should retain his vote, and the man who has been sent, in precisely the same circumstances, to do similar, only more distasteful, work at Richmond should lose his vote? It is quite impossible that any fair-minded man should seek to draw that distinction! The last argument I would advance in support of the Amendment of my hon. and learned Friend is that it conforms precisely to what the Home Secretary himself said when this matter was previously before the House. Speaking on the 21st November the right hon. and learned Gentleman, on the Amendment which was then before the House, which, he said, would not for serious reasons do, for it fell short in some respects of what was desired and in some other respects went too far, also said—it went, too, much further in certain respects than any one desired—
It is sometimes stated outside this House that speeches never change votes. Those who sit inside the House know that speeches do pro- foundly influence the voting, I think materially on such occasions as this, where we are confronted with a very difficult problem on which probably many of us have found some trouble in arriving at what we were satisfied was the right conclusion. I regret that the Amendment was moved by my hon. and learned Friend beside me in a House so thin as it was at that moment. For myself I have had more difficulty in arriving at a decision on this Amendment than on any point connected with this subject, and the whole subject is a difficult one. I think it is no good attempting to disguise from ourselves that it is difficult, or pretending that it is simple or easy to deal with. There is a very strong feeling inside the House. There is a much stronger feeling, I think, outside the House of a desire to do something—people do not know exactly what—to mark their disapproval of the man who refuses to help his country in its hour of need; and that without any fine distinction of the motive or alleged motive which guided him in his decision. It is not unreasonable, in my opinion, to say that when a State requires service from the citizen and the citizen refuses to render that service, he forfeits the right to the full privileges of citizenship, and the State may fairly curtail his enjoyment of them.
But the Amendment my right hon. Friend the Home Secretary has drafted in his endeavour to bring the Amendment originally moved by the hon. Baronet below nearer to what the House wanted, does not quite apply. I spoke, if I may refer to what I myself said, in favour of the original Amendment to this extent: that I said I should vote for it on the question of principle, the higher principle that the State has the right to claim the service of the citizen. If the individual refuses that service of citizenship he has not the right to claim the privileges of citizenship. What is the case of the men with whom we are dealing? Parliament, rightly or wrongly—that is no longer in question—gave them an alternative. The men with whom my hon. Friend is dealing in his Amendment have not refused to render service. Being presented with the alternative, they have accepted that alternative, and the particular form which that alternative took was such as was assigned to them or approved by the tribunal. My heart is on one side and my head on the other. My heart is against these men, but think of it how I will I cannot see that it can be right, first to decide that these men shall have an alternative, and eighteen months after to inflict a penalty for the choice which the man has made of the alternative you gave him. The real mistake of those who feel with me that the Amendment, if modified as now proposed by the acceptance of the words under discussion, does not go far enough is not a mistake we are making to-day. It is a mistake we made when this Bill was under consideration, and the right to alternative service was given to the conscientious objectors. That is the mistake which was made before, and we must take the consequences of our own action. I presume the Government—their whole attitude in this matter has been to allow the House to model the Bill in this respect as the House wished—I presume that that attitude will continue. I am not competent, I frankly admit it, to say whether my hon. Friend's words go too far, go further than he himself intended them to go, or than would be necessary for the purpose. All I say is that I hope the Government will accept such words as will not now inflict a penalty on the men who did at some previous time accept the form of service which this House said was to be open to them. If such a man refused service I would refuse him the vote without scruple or hesitation. I should refuse it him for all time for that matter. But if he has accepted an alternative which we, rightly or wrongly, directed should be offered, under the direction and to the satisfaction of a tribunal, and he is discharging alternative service which we allowed him to do, then I hope the Government will accept such words as will protect him.
I am very sorry my hon. and gallant Friend should have described the speech made by my hon. and learned Friend the Member for Middleton as being lengthy, and applied no other epithets to that speech. I have listened to all the Debates on this question, and most of the Debates on all the questions that have been raised in connection with this Bill, and to my mind one of the most powerful, eloquent and moving speeches to which I have listened in the whole course of these discussions—a speech which appealed to one's head and one's heart—was the speech of my hon. and learned Friend this evening. Whenever I have been in charge of this Bill I have endeavoured to catch the spirit of the House, and I think I catch its spirit when I repeat the words used by my hon. and learned Friend towards the end of his speech, when he said that surely what the House wishes, and what is desirable, is that on the whole it would be far better that a few men, whom he called shirkers, should obtain the franchise, or keep the franchise, than that a number of men who after all, from our point of view, may have misconceived their duty towards the State, yet can be accounted worthy of honourable citizenship, should be deprived of the vote under a new law. Again, I agree with my hon. Friend the Member for Croydon that there were a great number of Members of this House who would not have voted for the Clause in its more drastic form had they not been assured by my right hon. Friend the Home Secretary that he would introduce an Amendment to cover, at all events, a large proportion of the cases alluded to by my hon. and learned Friend, and by my right hon. Friend the Member for Cleveland and other Members.
If I catch the spirit of the Committee it is, of course—there may be some exceptions—that the great majority desire undoubtedly to disfranchise those who take up the attitude that, under no circumstances or conditions, although their country may be in deadly peril, and may need the services of every man, woman and child, will they undertake any duty of any national importance, but that they will maintain their own right to do exactly what they like, to do something which may possibly be prejudicial to the State at the present moment, and maintain at the same time that they have a perfect right to take somebody else's job when that somebody is moved by the spirit of patriotism to give up a good place, and endure the hardships which he may be called upon to endure at the present moment. I say those men, in the opinion of the great majority of Members, if disfranchised for five years, are indeed being let down very lightly by the House of Commons. We have secured that they shall be disfranchised, at all events, for five years. Then, again, we have secured already that men shall be disfranchised who have not been found in the eyes of the tribunals to be conscientious objectors, but have been sent into the Army, court-martialled and imprisoned, perhaps more than once, who have never done any useful service while they have been in the Army, and, if they are engaged now on work of national importance, are not doing that work willingly, but under compulsion.
So far as I can understand, it is not the intention of any of those who have joined with my hon. and learned Friend in speaking for this Amendment that that particular class of person, not recognised as a conscientious objector at any time, should be exempted from the disqualification which this House has placed upon him. My hon. Friend says, "Very well, but you are disqualifying men who have been exempted by the tribunals on conscientious grounds, but who have been given conditional exemption on the understanding that they undertake work of national importance," and, as my right hon. Friend opposite says, that work of national importance may not be of a kind that would come under any one of these three exceptions, although that work might be of equal national importance, and, indeed, of even more national importance possibly, but, at all events, of equal national importance, and be work of a character which would be hard indeed, to differentiate from the work which would come under the three exceptions which we allow now to men who have claimed exemption. That, undoubtedly, to my mind, is a good plea, and if the words of my hon. and learned Friend were calculated only to include those who have been allowed exemption on conscentious grounds, on condition that they undertake work of national importance, and who have performed work of national importance, then I would readily accept the words of the Amendment.
I accept the Amendment in spirit, and all that I desire to do is to ask the Committee to consider with me whether some limiting words ought not to be placed upon the Amendment. All that I desire is to shut out from the advantage of this Amendment those who, as I say, have not been found by any tribunal to be acting upon conscientious grounds, and who have been sent into the Army, have been court-martialled and imprisoned, and, in consequence of that imprisonment, may now be doing work, possibly of national importance, and doing it, probably most unwillingly, but at all events doing it under the supervision of the prison authorities. Those persons, the Home Secretary and I think, ought not to be included in the advantage which would be given by the Amendment. I would suggest, therefore, that the Amendment should read as follows:
I am sure that all of us will be very grateful to the right hon. Gentleman for the way in which he has received this proposal, but I would like to put one other consideration to the Committee. Even taking the form of words proposed by my hon. and learned Friend it does appear to me that one very deserving case has been left out. Take the very powerful case put by the hon. Member for York, the instance of a joint organiser of a missionary society in regard to whom the tribunal said, "Of course you have a conscientious objection, you are doing work of national importance, and in your case we make no formal stipulation." If the tribunal took the line that this man was habitually doing work of national importance, and that it was unnecessary to make a formal stipulation he does not get exemption. I cannot believe anybody means that that man should be disqualified when his work is of such importance that the tribunal does not think it worth while granting a formal stipulation. I submit to the right hon. Gentleman that this proposal ought to enable the tribunal which has not made a specific stipulation to give the man some sort of release from the difficulty in which he will be placed by the absence of that fact.
May I thank my right hon. Friend and the Government for accepting the substance of my Amendment, and I wish to say that I am thoroughly in accord with what the right hon. Gentleman has said about the intended meaning of my Amendment. I think the words which have suggested are satisfactory. May I point out that the word "condition" has in some parts the meaning of permanent exemption on a particular condition. On the other hand a number of tribunals have repeatedly given exemptions which are both temporary and conditional. We have done that so that when the time is up the whole matter may be referred back to see if the conditions have been observed. I understand that these words do not merely mean those who have been indefinitely exempted conditionally, but that they also apply to those who have had an exemption which is both temporary and conditional. If it includes those then it entirely meets the points I tried to put before the Committee, and I accept the words suggested by the Government, and I beg to thank them for what they have done. I think the words I shall move will meet the case put by the hon. Member for Hexham (Mr. Holt), because where a tribunal has not taken the trouble to bring up a conscientious objector, because they know he is doing work of national importance, one cannot imagine them ruling out a case of that sort, which is even stronger than when the conscientious objector has had to give proof of his case. I ask leave to withdraw my Amendment.
Amendment to the proposed Amendment, by leave, withdrawn.
Amendment made to the proposed Amendment: After the word "object" insert the words "having been exempted from military service on condition of doing work of national importance he has done such work in accordance with the decision and to the satisfaction of the appropriate tribunal and authority."—[ Sir R. Adkins .]
I beg to move, as an Amendment to the proposed Amendment, after the words last inserted, to add the words, "civic work, educational work, or any other work of public and social service."
My Amendment is designed to meet precisely the case which was put forward by the Member for Hexham a moment or two ago. My hon. and learned Friend opposite, who made such a moving and eloquent speech, based upon his experience as chairman of a tribunal, will, I think, see that the case which is raised by my Amendment is not covered even by the amended form in which he has put his Amendment, and in which form it was accepted by the Government and the House. That Amendment provides that any applicant on conscientious grounds who had received a conditional certificate of exemption, and does work of which the tribunal approves, shall not suffer this disability; but that leaves out the men—who I believe are a numerous body—who have gone before the tribunal as conscientious objectors, and have received not conditional or temporary exemption, but absolute exemption, without any conditions whatever. Having received absolute exemption, they do not come under the Amendment which has just been accepted by the Committee; but I agree with my hon. and learned Friend that these are men whose cases are even more deserving than those cases which have just been provided for, because they are men whose character and sincerity so impressed the tribunal that they did not think it necessary to impose any sort of conditions as to the kind of work they were going to do. These men were doing sometimes civic work and sometimes educational work, but always work for the social and public good. I am quite sure that, if the Home Secretary considers the amended form of the last Amendment together with the terms of my Amendment, which provides for the case of those who hold conditional certificates of exemption, he will see that it cannot possibly apply to those who hold absolute certificates of exemption. I am sure that the Government will see, whether they accept my Amendment in these words or not, that the case I have mentioned and the case put by the hon. Member for Hexham are not covered by the first Amendment.
This Amendment would be directly contrary to the decision already taken by the House, and, having taken that decision, I do not think we ought to whittle it away until really there is nothing left. Take a case that would come under this Amendment, the case of a man who has obtained absolute exemption on the ground of conscientious objection, and has then gone back to his work perhaps only as a councillor on some district or borough council, and who is there left alone. I do not think the House really meant that man to be excepted, yet he would be so excepted under these words. We have said that when a man has been exempted by a tribunal on a condition which he carries out he shall not be disqualified. This is a man who is exempted under no conditions, but who voluntarily does some civic or social work. I suppose you could say that every one of these men has done some such work during some part of the War. You therefore are really cutting awry the very basis of this disqualification if you accept these words. I do not wish to express any opinion on this or on any other matter, but in fairness to the House I think I ought not to accept any Amendment which goes beyond what I conceive to have been the decision of the House on the Report stage.
The Government are so kind and conciliatory that I do not at all want to press them at this stage of the Bill to go further than they are willing to go by anything except persuasion. My right hon. Friend, however, has hardly sufficiently considered the distinction between an implied condition and an expressed condition. Absolute exemption can only be conditional exemption in essence and substance. The condition might not be laid down precisely because the tribunal might be quite certain that the condition would be observed. There might be a man of perfectly established and trustworthy position whose religious views were perfectly well known, and it would be accepted by the tribunal as a matter of course that he would render national service of some kind or another. It certainly seems unreasonable in the abstract to deprive persons of that kind who are obedient to the law, who are exempted by the tribunals, and who are actually performing national service, of the vote merely because the condition has not been set out expressly in the decision. I hope my hon. Friend will not press the matter at this stage, but I trust the Government will bear the point in mind if the question is raised in another place.
I am disposed very much to agree with all that has fallen from the Noble Lord. There is perhaps a verbal point arising out of the word "conditional" that might well be considered by the Government. It is said that the tribunals use it in a somewhat technical sense, and it may be that the use of that particular word may exclude people who really come within the intention of the new Sub-section. It is possibly a fine distinction to draw between the person who is exempted on the condition that he does some work of national importance and the man who is exempted because he is doing national service without it being mentioned as a specific condition of the exemption; but perhaps the Government will consider whether it might not be advisable to alter the word "conditional" in order to bring in other cases, which I think the House really intended to be included.
I want to express my agreement with the last two speakers. A difficulty is going to confront the Government under the Clause as it now stands. It may be that the acceptance of a principle like this by the House of Commons leads us into such a quagmire. Supposing a man is well known locally as one who is doing work of educational or social importance, and he is exempted upon the implied understanding that he continues the work he is doing. It is perfectly intolerable that you should disfranchise him and yet allow everybody who happens to be a minister of religion to be enfranchised.
The attitude taken up by the Government on the Amendment is absolutely bewildering. The men who were left out of the last Amendment and whom this Amendment would protect are the most deserving of all, because they are so well known to the tribunal to be engaged on national work that no condition is considered necessary. You propose to penalise men because the tribunals do not consider it necessary to put them under any obligation. They are men so well known in their neighbourhood that there is no necessity to put them under any obligation. I know many of them personally. We come into contact with them. They do not belong to our cloth, and they work outside any religious organisation, but from their youth up theirs is always a life of sacrifice and of service to others. Because these men are known to be men who have thus devoted their lives to work of national importance no obligation has been imposed upon them, and it seems to me an absurdity that they should therefore be penalised. I should have said that the argument which applied to the last Amendment applied a fortiori to this Amendment. I therefore trust and hope that the Home Secretary will not use the influence of the Government Whips, but will leave this matter to the free decision of the Committee. There is one thing the Home Secretary said just now to which I must take exception. He told the House he should use his influence to keep it as far as possible to the decisions arrived at on the Report stage. Why on earth should he take up that position? On the Committee stage the House decided to have nothing to do with this penalty Clause. On the Report stage the House reversed that decision, the Government having left the matter to its free and unfettered judgment. Why should the House not be as free at this stage to come to a fresh decision? I have some authority to speak on this matter. I have had a very long experience of the procedure of this House, and I do object to the position which the right hon. Gentleman has taken up. This is a matter on which, through all the stages of the Bill, the House has been left free to come to a decision, and the right hon. Gentleman has no right, in accordance with precedent and practice, now to take up the position he has done not to leave the Committee free on this point.
Amendment to the proposed Amendment negatived.
I beg to move, as an Amendment to the proposed Amendment, after the word "effect," to insert the words "and provided also that this disqualification shall not operate so as to prevent the wife of a man otherwise entitled to be registered from being registered as an elector under Section (4) of this Act."
10.0 P.M.
The Government have been so open-minded, and indeed almost generous, in acceding to demands for the exclusion from this disqualification of persons who are really innocent of any offence that I feel very hopeful that the Home Secretary may see his way to accept this proposal. As the House is aware, under Clause 4 of this Bill one of the qualifications by which a woman gets a Parliamentary or local government vote is that she should be the wife of a man who is entitled to a local government vote. If this disqualification for conscientious objection applies to the man he would not be entitled to a municipal vote, and by that means the wife will also lose her vote. I am sure the right hon. Gentleman does not intend that, and that he will not put a woman in that position, even if she has the misfortune, as many of us think it, to be the wife of a conscientious objector—and some of the wives have a pretty hard time just now. Even if she has that great disadvantage, I do not think she should have the extra punishment put upon her of being disfranchised during the continuance of the War and five years after. There is an Amendment down in the name of the hon. Member for Hexham (Mr. Holt). I do not care whether the Amendment is made in the words I have drafted or in the words used by the hon. Gentleman. If the Home Secretary has any preference, I am quite willing to waive my particular method of dealing with this question, although I put down the words in the best form I could.
I should like to support my right hon. Friend, as I think to punish a woman because her husband commits an offence is the most extraordinary of all extraordinary things. Under this provision a married woman will be deprived of her vote because her husband has done something unlawful. I can imagine a case of this sort. A woman may go to her husband and say, "John, you must not be a coward; you must get out your rifle and go and fight the Germans." He may reply, "My dear, I won't; I prefer to remain at home." Under these circumstances that woman is to be deprived of her vote. If, on the other hand, she says to her husband, "John, your conscience ought to make you restrain yourself from bloodshed; let the Germans come and never mind what happens," and he replies, "My dear, I am not such a coward as that; I shall fight," then the woman is to have the right to vote. I submit that that is an absolutely indefensible position, and that you must make some provision that the disqualification inflicted on the husband shall not automatically be inflicted on the wife. Apart, however, from this particular case, I would like to draw his attention to the fact that as the law will be established by this Act married women will be liable to be disqualified from being electors if the husband has been convicted of an offence for which he is disqualified. That applies to other offences besides those of conscientious objectors. I think that is entirely unjustifiable, and either in this House or in another place some arrangement must be made by which a married woman shall not lose the vote because her husband is a conscientious objector or has committed the offence of bribery and corruption. I strongly support the Amendment.
As I have taken a somewhat active part in moving for the disfranchisement of the conscientious objector, I should like to be allowed to say one or two words in support of this Amendment. I should have taken that line even if I had not been in an extra degree persuaded by the amusing and persuasive argument of the hon. Gentleman opposite (Mr. Holt), whose vignettes from social life were quite sufficient to convert anybody to the acceptance of what is embodied in this Amendment. I am sure there are a great many women in this country suffering in the way outlined by the right hon. Gentleman (Mr. Dickinson). There are a great many women of valour and zeal for the country whose greatest humiliation it is that at the present time they have husbands of military age who are not in khaki and serving at the front. I think it would be monstrous that these women, otherwise qualified for the vote, should lose it in these circumstances, and certainly if the Home Secretary accepts the Amendment I shall be very glad, while if he does not do so and the right hon. Gentleman who moved it goes to a Division I shall certainly give him my support.
I have very great sympathy with the speeches that have been made, particularly as the woman who is married to a conscientious objector is sufficiently punished without losing her vote. Probably her vote is worth very much more than her husband's, and, therefore, I am quite prepared to accept the Amendment. Of the two Amendments which are on the Paper dealing with this subject, however, I rather think that that in the name of the hon. Member for Hexham (Mr. Holt) is the better, because in saying,
"Provided also that no woman shall be disqualified from being registered or voting as a Parliamentary or local government elector, by reason of any disqualification imposed upon her husband by this Section,"
it covers not only Clause 4 of the Bill but also the local government vote, and is therefore a little more comprehensive.
I ask leave to withdraw my Amendment.
Amendment to the proposed Amendment, by leave, withdrawn.
Amendment made to the proposed Amendment: After the word "effect," insert the words "Provided also that no woman shall be disqualified from being registered or voting as a Parliamentary or local government elector by reason of any disqualification imposed upon her husband by this Section."—[ Mr . Holt .]
The hon. Baronet who put down the next two Amendments on the Paper (Sir G. Younger) is unavoidably absent, and has asked me to move them for him. The first I do not propose to move, because I already have an amended form of it on the Paper in my own name. I therefore beg to move the second, namely: At the end of the proposed Amendment, to insert the words
"If any person so disqualified votes or asks for a ballot or voting paper for the purpose of so voting he shall be guilty of a corrupt practice other than personation within the meaning of the Corrupt and Illegal Practices Prevention Act, 1883, and the expression 'corrupt practice' shall be construed accordingly."
The conscientious objector will not be very easily identified, and it is the more necessary if he slips on to the register and you catch him out in voting or attempting to vote that he should be punished. Unless these words are inserted there is no punishment for the conscientious objector who votes or attempts to vote. It is quite true that his vote could be struck off on a scrutiny, but scrutineering is a thing that does not often happen, and cases occur very rarely. Unless these words are put in I do not see what risk the conscientious objector would run if he happened to get on the register and if he did exercise his vote. I would, therefore, urge that these words ought certainly to be added, that we ought to punish a man for his wrongdoing, and also to inflict upon him this disqualification which the Corrupt and Illegal Practices Prevention Act lays down. It is no use whatever saying that a man shall not vote unless there is some penalty provided if he does vote, and it is for that reason that I am moving this Amendment.
Surely this is a most unnecessary Amendment. Is there any case at all where a man or a woman who is on the register has been penalised for actually using a privilege? I do not think you could possibly have that. It seems to me a most absurd proposal. Only a short time ago I think I heard from the hon. Member who moved the Amedment himself that the penalties for a person who voted twice in an election were too heavy. I do not see that we want to go out of our way to make novel penalties which make it no offence for an alien to vote, because he would not be punished and you would strike him off on a scrutiny, but which punishes the conscientious objector if he votes. I think that is a most undesirable thing.
I agree that the Amendment is unnecessary, but not for the reason given by the hon. and learned Gentleman who has just spoken. I do not think it unnecessary because it is undesirable, but because it is already the law. The Corrupt and Illegal Practices Act, 1883, and the corresponding Section in the Municipal Election Act, provide that it shall be an illegal practice for any person to vote at an election knowing that he is prohibited by that or any other Act from voting at an election. It is, therefore, already an illegal practice, and carries with it certain penalties which may be a fine, imprisonment, or disqualification for a period of years. It seems to me to be a mistake, there being already a penalty for these offences, to provide another in the nature of that contained in the Amendment.
What are the penalties?
One hundred pounds, under the summary Jurisdiction Act.
:I think it is a substantial fine—£100—and a corresponding disqualification.
Disqualification for a period of years.
A further reason against this Amendment is that the naval and military authorities have the information—
The hon. Member is not speaking on the Amendment. I ask leave to withdraw it.
Amendment to the proposed Amendment, by leave, withdrawn.
I beg to move, as an Amendment to the proposed Amendment, to add, at the end, the words,
"A list of the names, addresses, and other particulars of such persons shall be published by the naval or military authorities for the first register to be prepared under this Act, and a subsequent list of all new conscientious objectors so disqualified shall be published not later than the fifteenth day of January and the fifteenth day of July in each year during the continuance of the present War and twelve months thereafter."
On this Amendment the hon. Member opposite (Mr. Holt) would be able to deliver his speech. It would be exceedingly difficult to identify the conscientious objectors unless some method of this sort is adopted. The registration officer will find it very difficult to prepare a correct register and keep the conscientious objectors off it. Undoubtedy the man who has a conscientious objection, in the present state of things, would be rather anxious to hide his identity. If he moves to another district from that in which he has appeared before a tribunal, there is no reason why the registration officer should know that he is an exempted man. For that reason some general list ought to be available for reference. Supplemental lists will undoubtedly have to be furnished if this Amendment is adopted. The hon. Baronet the Member for Ayr Burghs (Sir G. Younger) has suggested that these supplemental lists should be published every six months, but my Amendment suggests that they should be published during the continuance of the War and for twelve months thereafter.
This Amendment is going to cause considerable difficulty. If you publish a sort of official lists like these, what is going to happen when a man changes his name? When you look at the list, you will see he is not on it. The publication of such a list would probably be the conscientious objectors' charter. I do not mind that, but it does not seem to be the object of the Home Secretary's Amendment.
I think it is a very good thing that we should publish the list. We have been spending the last few days on making martyrs of about 600 people. In the present military situation a few hundred Members here have been deciding to publish a list of 600 martyrs. Was there ever anything more contemptible? I hope that the Government, before it is too late, will abandon the whole thing, now that it has been reduced to its proper proportions. This will be an admirable list of candidates for the General Election after next. It is possible that some of these conscientious objectors may subsequently become militarists and furnish a Tory Prime Minister. It would be a pity to postpone the possibility of having such an able Prime Minister. At the next Armageddon we may see Clifford Allen leading. In view of the paucity of brains in the Tory party, that is a highly probable contingency. By all means send these lists to every registration office and let the Tory party as soon as possible know on whom they may rely in the future.
Then you support the Amendment?
Certainly.
I think there are objections to the Amendment. To begin with, I do not know quite who are the persons to be put on the list. Apart from that, I am afraid the naval and military authorities would not have the material for making up the list. They do not know who has applied for, and who has obtained, exemption. It must be left to private enterprise.
The right hon. Gentleman has pointed out, no doubt quite rightly, that there are objections to the Amendment in the form in which it is moved, but he has himself supplied already several precedents for an undertaking to make in another place such adjustments on an Amendment as may suit the requirements of the case, and I suggest he should add this to the list of Amendments which he will put in proper order in the House of Lords. I agree with my hon. and gallant Friend (Colonel Sanders) that a list for the purposes which he has in view is very necessary. Of course, the hon. Member (Mr. Pringle) naturally, although he supports the Amendment, does not agree with the principle involved in it, because he regards the whole policy we are discussing now as beneath contempt. Everything that he does not impress with his own imprimatur he regards with contempt. I think we may equally treat with contempt his treatment of this Amendment. Nevertheless, the Committee has decided that a certain policy is to be pursued, and under those circumstances surely it is the duty of the Government to make that policy effective, and to pass the Bill in such a form that it will be reasonably possible to carry it out by the machinery provided by the Bill. It appears to me absolutely necessary that there should be, for the information both of the public and of the registration officers, a complete list of those to whom this Clause will apply. It is not beyond the ingenuity of my right hon. Friend to find words which will not be open to the objections he has urged against this Amendment, and I hope he will promise to make it in another place.
Amendment to the proposed Amendment, by leave, withdrawn.
Proposed Amendment, as amended, agreed to.
Clause, as amended, ordered to stand part of the Bill.
CLAUSE 18.—(Modification of Method of Voting in Certain Constituencies.)
(1) If at an election for one member of Parliament there are more than two candidates, the election shall be according to the principle of the alternative vote as defined in the Eighth and Ninth Schedules of this Act.
Amendment made: Leave out the words "in the Eighth and Ninth Schedules of," and insert instead thereof the word "by."—[ Mr. H. Samuel .]
Clause, as amended, ordered to stand part of the Bill.
NEW CLAUSE.—(Redistribution of Seats(Ireland.)
(1) Each of the Parliamentary boroughs named in the First Part of the Sixth Schedule to this Act shall cease to have separate representation.
(2) ( a ) The contents and boundaries of each of the Parliamentary boroughs named in the Second Part of the Sixth Schedule to this Act shall for all purposes of and relating to Parliamentary elections be as specified in that Part, and each of those boroughs shall return the number of members and shall be divided into the divisions specified therein, and each such division shall return one member;
( b ) The divisions of each of the said boroughs existing at the time of the passing of this Act for the purpose of Parliamentary elections shall cease.
(3) Each of the counties named in the Third Part of the Sixth Schedule to this Act shall return one Member and no more, and the divisions of each of those counties existing at the time of the passing of this Act for the purposes of Parliamentary elections shall cease.
(4) ( a ) The contents and boundaries of each of the Parliamentary counties named in the Fourth Part of the Sixth Schedule to this Act shall, for all purposes of and relating to Parliamentary elections, be as specified in that Part, and each of those counties shall return the number of members and shall be divided into the divisions specified therein, and each such division shall return one member;
( b ) The divisions of each of the counties named in the Fourth Part of the Sixth Schedule to this Act existing at the passing of this Act for the purposes of Parliamentary elections shall cease;
( c ) For the purpose of making the alterations in certain divisions of adjacent counties which are consequential on the alterations of the boundaries of the counties named in the Fourth Part of the Sixth Schedule to this Act, each of the divisions named in the second column of the Fifth Part of that Schedule shall consist of the area described in the third column of that Part and the boundaries of each of the said divisions shall be altered accordingly.
(5) Any part of a Parliamentary borough in Ireland which is, at the time of the passing of this Act, included in a Parlia- mentary county shall (if the borough remains a Parliamentary borough) cease to be so included.—[ Sir G. Cave .]
Brought up, and read the first time.
I beg to move, "That the Clause be read a second time."
I wish to omit the word "boroughs" and to insert the word "constituencies" or "areas," I do not care which, in order to call attention to Trinity College. The Government, as we know, have framed this Bill in order to shut out from this House the subject of university representation, which involves Trinity College. If the word "boroughs" is to be allowed to remain it would be impossible for us later on to deal with the question of Trinity College. Trinity College was constituted in the year 1613, in which year the Irish Parliament, for the first time after the plantation, and after the reign of Queen Elizabeth was brought into being, there never having been before that time a Parliament for the whole of Ireland. Some forty boroughs were constituted by James II., consisting of places that had not populations of more than about twenty people. Trinity College, at that time, had been founded upon land stolen from the Catholics in St. Mary's Abbey, and consisted of about 100 or 150 scholars of very doubtful learning, upon whom it was decided to confer the right to return two Members to the Irish Parliament. The Irish Parliament, which was about to be called at that time, for the first time had thirty-two counties within it, and James, in order to obtain a majority, created some forty cross-road constituencies, consisting of from thirteen to twenty persons, each of which had the right to return two Members to the Irish Parliament. This was done for the purpose of alienating six counties in Ulster from the chiefs who possessed them, to drive Hugh O'Neill and Hugh O'Donnell out of Ireland, and to make them aliens and outlaws while their property was confiscated. In this regime of filth, degradation and shame, Trinity College had its origin. It had no more to do with the ancient life of Ireland than the position of Iceland has to do with the Empire of Great Britain. It arose out of confiscation of the vilest kind, the confiscation of an old abbey, probably the noblest of all, which had given hospitality to the viceroys for centuries, which was honoured by English Kings and Queens for eight generations, and which Henry VIII. turned into a place for his ordinance. It had just been relieved of its guns when it was created into a constituency, and was given two Members in the Irish House of Commons, which two years later, in 1615, proceeded to outlaw Hugh O'Neill and Hugh O'Donnell, with the whole of the chiefs of that period, and to confiscate the counties of Derry, Tyrone, Armagh to some extent, and Donegal to a very great extent.
From that year, 1615, it retained its two members, engines of corruption and disgrace, in the Irish Parliament, until its abolition, when these members sold themselves to the Government at a cheap rate. Under the Act of Union Trinity College was given one member. At that time Ireland, if it had got its due as compared with England, on the basis of population, should have had nothing like 250 members in the English House of Commons, but by part of the corrupt bargain of these gentlemen who sold themselves as shamelessly as the harlots on the street, it was agreed that they were to have 100 members in this House, and also peers to the number of twenty-eight, including some bishops of the alien religion; and it was only in 1832, when England got its first measure of reform, that we got five additional members. We should have got about, I should think, 220 on the count, but the way in which we got these five was by giving an additional member to Trinity College, and adding one for the city of Cork and some other borough constituencies. From that time until now, except in the year 1885, we have never had an opportunity of considering the anomaly of Trinity College. Mr. Gladstone endeavoured to reform Trinity College, but did not succeed. The place has been a happy hunting ground for place-hunting lawyers, and has never in its whole history contributed one man, with the exception of two or three whom I shall mention, who were Irish Nationalists, to the British Empire of whom we can be proud. [An HON. MEMBER: "What about Lecky?"] I will admit that there was some exceptions, which I was about to mention, but I mean as compared with its history. This place, founded as it was among a Catholic people with Catholic money, and on a Catholic foundation, embraced the penal laws until some forty years ago. Nobody could enjoy its emoluments without taking some abominable oath of hypocrisy, and these were all retained up, till the last moment. Now when they seek to shroud its history and origin from the Irish people, it has as its chief member the man who was responsible for the present European War, the man who was responsible for the rebellion in Ireland, the man who was responsible for the gunrunning at Larne, who has been the sinister figure in all this business in keeping open the sore between Ireland and England.
We were anxious to close it. We sought a reunion of these kingdoms. We desired to go hand in hand with you in the cause of liberty and freedom, but the Member for Trinity College, who has no connection with Ulster—I doubt if ever he was in Ulster in his life until this miserable business of Home Rule started—for a political purpose, and to aid the Tory party, not caring one curse about Ulster, but simply as part of a political game, set England and Ireland by the ears. He has envenomed their relations by his policy. He has created de Valera. He is the author of the rebellion in Ireland. He is the author of all the drillings, of all the imprisonments. He is the fit representative of the confiscators who stole St. Mary's Abbey from the Catholics of Ireland, and made it into a foundation for persons who are of his class and of his kidney. When this Bill came on, his one aim was to constitute this little paddock, this patch of land in the North of Ireland, for the purpose of maintaining Unionist representation. There has been no day or hour when we would not have given Ulster proper representation. I am proud to see that the Member for Waterford had offered that, if an Irish Parliament was granted, he would consent that half that Parliament should be Protestant. I think that was a noble offer to make. For my part I would not care if it were all Protestant. Take the business in connection with this Redistribution Scheme. It was a scheme whereby two great parties in the English State resolved that, having regard to events which might occur after the War, they would approach the field of Reconstruction, and use that as a sort of cirenicon whereby they could meet in friendly fraternity as British citizens, not from the factionist point of view, but from the point of view of Englishmen. The Member for Trinity College was a member of the Speaker's Conference when Irish redistribution was proposed. He abstained from attending when the question of redistribution came on, and the result was that at that Conference, by a unanimous voice, it was decided that, in the interests of peace, the question of Trish redistribution should be excluded from the Speaker's Conference. That, from the point of view of a lawyer, was a complete abandonment of the position which was afterwards taken up.
I do not think the hon. and learned Member knows that he is making a statement which is not founded on fact. I have a list of the Peers and members, and I do not find among them the name of my right hon. Friend the Member for Trinity College.
I withdraw what I have said, and express my regret. As to Colonel Craig, I do not desire to make any observation. I think he has played an honest part. I express my regret at having introduced the name of the Member of Trinity College as a member of the Speaker's Conference. At all events, Conservative members, with the consent of the whole Conservative party, were members of the Speaker's Conference. They bound the House for a time in every respect, except as regards Ireland, by saying, "This is the decision of the Speaker's Conference." Every time the House agreed that they would support the decision. I quite agree that the House did not bind itself over hand-and-foot, but every time there was a departure from the decisions of the Speaker's Conference proposed in this House and supported by a weighty body of public opinion every time the Government took off the Whips and said, "This is not a matter binding upon us. We will carry out the general wishes of the House, and leave the matter to the House as a whole." In the Speaker's Conference, and in this decision, Trinity College was included. If it was necessary to depart from that decision, that departure should have taken place as regards the whole of the 103 Irish seats. You cannot say, "We will have redistribution for Ireland, and we will omit Ulster, or omit Munster, or omit Connaught." You must take Ireland as a whole, and if there was any seat which was regarded with peculiar loathing and contempt it was the representation of the University of Dublin. I do not propose to quote the words of the present Lord Chief Justice of Ireland, whom we all knew in this House as one of its ablest members, Sir James M. Campbell, with regard to the composition of the Trinity College electorate. But, at all events, be that as it may, you must have redistribution for Ireland, and to exempt one seat is a case of covert fraud. That covert fraud I charge upon the Ministry. What business had they to get up to say "We shall have as regards Ireland as a whole redistribution, but we will exempt this seat of learning, and we will not allow the question to be considered whether it shall have two members or whether it shall have one member, or whether the University of Belfast shall be joined within it, or whether the National University shall be joined within it. We shall exclude the consideration of how far Trinity College has dignified public life in Ireland, how far it has contributed to statesmanship and learning which Oxford and Cambridge and the Scottish Universities have illustrated in this House." The spirit which excluded Trinity College from consideration is the spirit which has led to the state of things of which we complain. I ask any fair-minded man, any fair-minded Englishman, and there are hundreds of them in this House, was it fair to Ireland, when you appointed a Commission to redistribute its seats, to leave out of the power of that Commission to consider the most controversial seat of all when the Minister who was pushing this whole thing on was the Member for Trinity College? Why, he should have been the first, occupying a seat challenged and challengable, and a position as he has done in this unfortunate controversy, and in this miserable War for three or four years—he was the one Member, above all others, who should have said, "Insist upon Ireland being reconsidered as a whole; my constituency must be the first to have its claim for separate and dual representation carried." Who tricked this House in this matter of Trinity College? The Member for Trinity College. That Member is the one who, above all others, in the last four years has rendered our country—I may say it without shame—the most miserable tear-stricken country of all the countries in Europe. Our capital in ruins! The volunteers in Dublin emulating the volunteers in Ulster; trying to bring arms into the country and getting shot down by the Scottish Borderers.
Murderers!
That is the gang in Larne, killing the coastguards, cutting the telegraph wires; assembling the police for their protection, and, with the help of the Kaiser, running in the "Fanny" with double-shotted armament, having, as we know from all the speeches which we have read, and which have been told the country again and again, not by one voice but by many, that there were Williams besides William of Orange—that there was a William in German whom they would gladly have if the Home Rule Bill were insisted upon. What amazes me in a Government like this is that you should think that you are fitted to conduct the government of the ends of the earth—Australia, Canada, Cyprus. India—while here is little Ireland under your lee, which, after all, has produced, and can produce, gallant soldiers, and you have no idea except to foment dispute and discontent within its borders. You produce, at the instance of this Member for Trinity College, a redistribution scheme, and the first thing done is to exclude his case, his seat, from the reconsideration of the House. Who is responsible for that? Are you? I want to know the personality?
But put this Member for Trinity College and of the War Cabinet out of consideration altogether. Wipe him out of our mind. Let us suppose there will be no disaster, no rebellion, no war, and consider the case. Would any sane man proposing to deal with the question of the consideration of the universities in Ireland give no opportunity to Belfast University to come in and share in it? Belfast is a Protestant university. It consists, as you know, of the cream of the earth. Why is it not to have a chance to say whether or not its Masters of Arts and Bachelors of Arts should or should not have a voice and a vote? Take the case of the National University of Ireland, started by the Liberal party some eight or nine years ago. Why should not these very Catholic men have a right to vote? What I feel about this is the contempt with which we are treated. They think we are fools, that we will not see this thing, that we will ignore it for the sake of some forlorn question of sentiment or the convenience of Ministers, that we will forswear our rights, as Members of this House, and omit from their due consideration all the interests of our country. If the right hon. Gentleman the Member for Trinity College had never existed, we should have the right to consider it the moment that there are three universities in Ireland—whether or not they should have part or lot in the representation in this House! Then we are supposed to, admire the statesmanship of it all, and we are supposed—because the right hon. and learned Member for Trinity College is a far abler man than most of the people who have hitherto had the government of Ireland in their hands—but we are supposed to accept the dodgery and trickery of this kind of thing, and to be loyal to a system of government in which this is possible. This case of the exclusion of Trinity College from the purview of the Boundary Commission is in its way as shameful a trick as ever was tried to be practised on the House of Commons. First Reading—not a word of it! Second Reading—not a word of it. Committee—not a word of it. Report—not a word of it. They omitted this university from consideration at the very same moment when they had gerrymandered with the county of Dublin to give them a member and added four gun-runner constituencies. I think the Scottish universities have only one member.
I have only a very narrow knowledge. I am an Irish parishioner and belong to an Irish parish, and my mind has never gone beyond it. I, therefore, want to know what is the right of this University to have two members? I will tell the Committee. I am relying upon the speech of the Lord Chief Justice of Ireland. Trinity College as an institution does not exist. A number of parsons, who are engaged in evangelising England, have votes in English villages and towns, and from their English villages and towns —to which, I believe, they administer great spiritual comfort, and are, I believe, an absolutely well-conducted example to the people of those villages and towns—these gentleman, I understand, send in their votes by proxy. They may have been removed from Ireland for half a century. They find this country extremely comfortable; they enjoy votes as well as consideration and support, stipends and emoluments, in those English villages and towns, and by the aid of the ½d. post they secure two representatives in Parliament. Out of "Alice in Wonderland" you would not read anything like it. How many of them are now resident in the city of Dublin? How many of them take part in the daily life of the university? The senior Member for Trinity College is not here to tell us, and I think he ought to be here to defend his own university. That is the constituency, and I venture to say that if its conditions were exposed upon the dissecting table in this House as were the borough of Old Sarum and the other rotten boroughs, this House would laugh the representation of Trinity College out of court. Why has it been continued as a constituency? Simply because it was a convenient instrument for turning out two members who were generally either the Solicitor-General or the Attorney-General for Ireland. It was a safe borough for returning placemen to misrepresent Ireland in this House. I, therefore, ask that this question of the representation of Trinity College should now be reconsidered. It has this additional disadvantage: Englishmen are sometimes put off with this answer. They say that the two members for Trinity College serve to represent Protestant culture in Ireland, and it is right that it should be represented. That would be an excellent doctrine if the English universities had not so splendidly taken us Irishmen in their ranks and returned them on their merits of learning to this House. For years English universities have added to their splendour by returning Irishmen who have worked their way under many difficulties into Oxford or Cambridge and have been returned as members by right of merit. Will anyone tell me what is the right of merit, except as representing the ascendancy class—I omit Mr. Lecky and two or three others—of the representatives of Trinity College? Therefore, I say that the case of Trinity College should now be considered. I say that it should be considered by the Government at the very threshold of this case, because it has been thrust upon the House by the hon. Gentleman the Member for Trinity College. He is the man who brought it before the House, and we should now consider whether this constituency should have one or two or no Members, or whether it should have its electorate infused by the addition of the students of Belfast and Dublin. I beg to move to leave out the word "boroughs"—
The Clause has to be read a second time, and after that the hon. and learned Gentleman may move to amend it.
I understand that if this Clause is adopted and added to the. Bill, it will be possible afterwards to put in an Amendment dealing with the representation of Dublin?
I have already said that it must be done by a proposal in the Schedule, and a Sub-section should be brought up. That can only be done after we have read the Clause a second time.
11.0 P.M.
The hon. and learned Member has undoubtedly put his finger upon one of the blots in the Bill and has brought us up against one of the essential facts in the situation, which is that this thing has been sprung upon Ireland and that there has been no adequate consideration of it at all. The whole of the proposals have been thrown upon Ireland, and one of the great questions that we have to consider is that of University representation. I agree with him absolutely that in any question of redistribution we ought to consider first of all whether Trinity College ought to continue to have representation, and, secondly, if Trinity College has representation whether representation should not also be given to other universities. For the last few months I have been in another assembly, among Irishmen, dealing with Irish affairs, and I cannot express to this House the difference of spirit and of temper that there is between that assembly and this. I cannot too strongly put my conviction that every moment spent by this House upon this proposal is doing infinite injury to Ireland. All these questions that have been discussed here during the last two days with heat and temper and with virulence as between Irishmen and Irishmen I have heard discussed between Irishmen at home with perfect good temper. I am sorry the hon. Member for Derry (Mr. Barrie) is not here, because I know quite well that he would bear me out. It is quite true that we have not had the advantage in that assembly of the eloquence of the hon. and learned Member for Cork (Mr. T. M. Healy). He has not brought to us his pacifying influence and his genius for harmony. There has been a great many conflicting elements there, but in how different a temper we have discussed these questions! We have discussed, I do not mind saying—there is no breach of confidence in saying it— the very question that has been the subject of the right hon. Member's speech. I am speaking on the Second Reading of the Clause, and I take the position of Trinity College merely as an illustration. Ireland has refused altogether to occupy itself with what was going to be done in this House. In so far as Ireland has any hope of good it has had hope of good from the Convention, and from the Convention only. It has known by instinct that this House can do no good for Ireland. I have not been here for the last few hours without seeing that the House can do harm for Ireland, and is doing harm every single hour. There is hardly a word said in these Debates that will not have its reaction in the Convention, and which will not emphasise the distrust that is felt for the English Government. Here is only one of innumerable questions in this redistribution proposal. I have heard this Bill described by an extremely competent and long-standing member of this assembly as the most important measure since the Reform Bill of 1832.
I say that this Bill, so far as redistribution is concerned, has had no kind of attention in Ireland. The question has been thrown down at the eleventh hour against the will of Ireland, and the people have had no time to look into this and other questions like that of the small boroughs which are involved. These questions will need to be discussed, and Ireland ought to be given time to consider them. A proposal, which I believe to be a fair proposal, has been made by the Leader of my party to the Government. It is that they shall withdraw these propoals, which they can do without compromising themselves, as they can later on bring in a Bill to deal specially with the question of redistribution in Ireland. There will be plenty of time, and Ireland will have a chance to give her mind to these things in case, which God forbid, in the meantime we in the Convention have failed to do our work. I am very far, indeed, from sharing the opinions about the Conference which has been expressed by the hon. and learned Member for Cork. I do not share his opinions as to the attitude of the right hon. and senior Member for Trinity College (Sir E. Carson) towards the Convention. I find it absolutely impossible to believe that a man in his position, knowing the Issue at stake, would wish the Convention to fail, and until those over whom he may be supposed to have influence have brought the Convention to a failure I refuse to believe his influence will be used against the interests of Ireland and of the British Empire.
The hon. and learned Member for Cork —I do not blame him—has deliberately segregated himself from the influences that work to-day in Ireland. He is talking in the spirit of the early ages. Thank God on the Convention we have got out of that. He is anxious to invoke the past. He has recalled, for instance, a most remarkable incident that happened in the streets of Dublin, when the Scottish Borderers came into collision with the people. Now I went into the line in France with the Irish Division when they were sent out the first time. It is usual to attach new battalions to some senior regiment, to scatter new troops among seasoned troops, and when any company of the Connaught Rangers went into the line we were attached to a seasoned battalion of the 1st King's Own Scottish Borderers. We made our first appearance under fire with them, and now I am not going to say one word against them. We worked well together, and we found there were Irish Catholics scattered all through that battalion. We went into the trenches with them; we lived together for a fortnight; we found we had something to learn from each other, and we learnt to respect each other all the more.
The hon. Member for Cork does not know those things. Those are not in his intellectual outlook. I am talking as a Member of the Convention, and not as a Member of the House of Commons, and I am here to say to the House of Commons for the love of God give the Convention fair play. I also say that never, during all the ten years' experience I have had in this House, have I seen a Government so tied into knots as has been this Government to-day and yesterday; or so hopelessly lost for an argument. [An HON. MEMBER: "Who tied it up?"] Who tied it up? Its own supporters; not the people who would be expected to be attacking it. It is the attack of its own supporters that has damaged the Government, and they know they are not at one with their supporters or with the House of Commons. I beg of them to consider whether it is not well worth their while—I do not suppose they are going on with this Bill to-night or to get far with it at this hour, so they have time for consideration—to think over and weigh advice given to them by the hon. and learned Member for Waterford. Let them see whether it is after all necessary to force through this great change affecting the whole of Ireland, to which Ireland has never applied her mind, and to which Ireland will steadily refuse to apply her mind so long as there is a chance of the Convention settling this thing for Ireland in Ireland's own way.
Whatever may be our differences on this point, I think the House will congratulate itself on the tone of the speech which has just been delivered. I would not have intervened on this occasion had it not been that I have the honour to represent a university which for three centuries has had most intimate sisterly relations with the University of Dublin. It is difficult, thinking, as we do, of the history of the University of Dublin and of the great service that it has rendered to the British Empire, to remain silent when it undergoes aspersions which I hope are merely rhetoric that is the accident of the moment. The graduates of the University of Dublin all over the world worthily uphold the British name, and are an important part in our administrative and intellectual activities. The hon. Member for Cork has spoken about the Irishmen who hale received a welcome at the British universities. I can put on the other side of the account the Englishmen who have before now been welcomed into the University of Dublin, and who have received there every kindness and the advantage of the brilliant society which it affords. The University of Dublin, in my own time, has sent more professors to my own University of Cambridge than any other outside institution has done. It was in absence of mind, no doubt, that the hon. Member for Cork spoke in disparaging terms of the university which in past centuries was fed from only a small part of the Irish nation, unfortunately, but which from that small part produced men like Swift, Goldsmith, and Burke, and more recently Plunkett, Grattan, and Curran, and which, if I went more into my own sphere of literature and science, has always had amongst its graduates men who are known wherever learning is cultivated throughout the world.
My main object in rising was to draw the attention of the Committee to some matters of fact. I had the privilege of being a member of Mr. Speaker's Conference. My recollection of what happened about the representation of Trinity College, Dublin, is that the matter came up for discussion, but was very generously put aside by the Nationalist members of the Convention on the ground that the representation of Trinity College afforded representation for the Unionists of Southern Ireland, who would otherwise be without representation in this House, and that they did not wish to interfere with it.
It was never discussed.
The hon. Member for the Scotland Division of Liverpool (Mr. T. P. O'Connor) made the point that they did not wish to interfere in any way with the representation of Trinity College for the reason I have stated.
It was never discussed.
As regards the size of the constituency, at present it amounts to 4,000 odd, and it returns two members, as against Oxford and Cambridge, which at present number 7,000 odd, and return two members. Under the terms of this Bill, which enfranchises all graduates, Oxford and Cambridge will come, perhaps, to 18,000, and I believe that Trinity College will come to 14,000, perhaps more. On the scale of Irish representation, 14,000 is abundant, as regards the size of the constituency, to return two members to this House. In asserting the right of Trinity College to maintain its representation, both on account of its historical position and on account of the great work it is doing as a university not only known in Ireland, but known and a credit to the British Empire throughout the world, I am not at all denying or controverting in any way the right of the other Irish universities to have representation in this House. I owe my own start in life to Queen's College, which has now become the University of Belfast. Nothing would delight me more than to see the University of Belfast have a member in this House, and, having had many friends from whom I have received nothing but kindness in the National University of Ireland, I should welcome with all my heart a representation from that university. I believe it would do the National University an immense amount of good to have a representative here, and I am sure the House of Commons would be all the better for having the other side of Irish opinion represented here.
Will you give it the same representation?
Yes; I would give it equivalent representation, but I think the hon. and gallant Member will find that the roll of graduates of the National University of Ireland—which is the successor of the Royal University of Ireland and, therefore, has only about thirty years behind it—is not large enough to entitle it to two members. The roll of graduates of Belfast University is smaller still. I am told it is 4,000. But far from thinking that Trinity College should have a monopoly, and while I hope that the glories of Trinity College will not be forgotten in this House, I would very strongly support any means whereby the other Irish universities should have representation here.
I should like, as a graduate of Trinity College, Dublin, to make a few observations on the question. Like my hon. Friend opposite, who represents the sister University of Cambridge (Mr. Rawlinson), I have nothing to say against the due and proper representation of the other Irish university, either in this Parliament or in the Irish Parliament that is to be. I should like to see arrangements made for the representation of the National University and Belfast University in this Parliament, in the Irish Parliament, or in both, as the case may be. But there were certain observations made by the hon. and learned Gentleman (Mr. Healy) which I do not think any graduate of Trinity College sitting in this House could afford to pass unnoticed. I am quite sure, from what I have seen of the hon. and learned Gentleman in the ten or twelve years I have sat in this House, that he will regret, when he sees his speech in print—
It will be censored.
I trust, for the credit of the hon. and learned Gentleman, that it will be censored. But I am sure, from what I have seen of his generous character, that he will regret the attack he made on the University of Dublin this evening. He started his speech by making a variety of inaccurate statements. He said the University of Dublin was established in 1613.
I said it got representation in that year.
I beg the hon. and learned Gentleman's pardon. I thought he was speaking of the foundation of the university.
I know as much about it as the hon. Member.
That is quite possible, but in that case the hon. and learned Gentleman should have been more careful to instruct the House with greater accuracy.
The inaccuracy is yours, not mine.
I did not interrupt the hon. and learned Gentleman in the course of his extremely offensive speech, and I do not see why he should interrupt me. But he described this institution as having taken its origin in filth and shame. I do not know what meaning he attributes to those words, if any, but everyone who knows the history of that institution knows that its origin is entirely creditable to the people of Ireland and that successive Irish Parliaments have delighted in assisting the university. He spoke of the state of learning in the early days of that university. It is one of the most astonishing things, when one reflects on the poverty-stricken origin of that university, that in its very earliest days it produced the most learned churchman of the seventeenth century, the famous Archbishop Ussher. The hon. and gallant Gentleman went on to say that it had produced no names, or very few, which were creditable in the history of Ireland. He forgot part of his speech because he promised to mention some names of graduates of Dublin University which are creditable to that university. I may mention a few of them. There were Falkland, Congreve, Barclay, Swift—perhaps the greatest patriot Ireland has yet produced—Burke, and Goldsmith. And of those men, who are the very idols of advanced political opinion in Ireland, Trinity College produced soma of the most eminent. These were Robert Emmett, Theodore Wolfe Tone, Grattan, Curran, Plunkett, Isaac Butt, and last, and by no means least, there is my hon. and learned Friend (Mr. Redmond); and it is an extraordinary testimony to this ancient institution, and a proof of the regard that Irishmen of all parties have for that institution, that Trinity College was nominated by universal consent as the one and only place in Ireland where the Convention could properly meet. I happen to know—I do not know whether the hon. and learned Member knows it—that the choice was approved by some of the most eminent Catholic prelates in Ireland.
It was their own ground.
I think that if my hon. Friend's speech is not censored, and if he will take the trouble to read it in the OFFICIAL REPORT to-morrow morning, he will not regard that speech as either one of his many triumphs of oratory or as reflecting credit on his character as a man of learning and of generous sentiments.
May I point out a second time to the Committee that there is nothing in the form of this Clause now before the Committee for Second Reading which debars hon. Members from bringing up Amendments, if they desire, either to abolish the representation of Trinity College or to propose representation for other Irish universities? The hon. Member for Donegal has already handed in one such Amendment in the sense of giving representation to another of the universities in Ireland.
I rise for the purpose of saying that I think the character of this Debate and the hour of the night must have brought home forcibly to the Government the unwisdom of their procedure in raising this subject. The Debate has taken a very wide scope, and it must be present to the mind of every hon. Member that it cannot conclude to-night. I acquit the Government of any intention to attempt to bring the discussion on the Second Reading of this Clause to a conclusion to-night. The Second Reading of this Clause inevitably raises the whole of this subject, and the discussion already must have shown the Chief Secretary and the Home Secretary the enormous character and complication of the issues which they have raised by embarking upon this stormy sea of Irish redistribution. We all listened to the most powerful and eloquent speech made by the hon. Member for Cork (Mr. T. M. Healy), and however much we may differ from him we recognise that it was very powerful. The character of that speech must have impressed one more forcibly than anything that has occurred with the extraordinary folly which induced the Government to open the flood-gates on this subject and to allow the bitter flood to be poured over this House. You cannot get away from it. This subject will inevitably lead to heat and to a certain amount of passion in the discussions which must necessarily follow. I listened, and all my colleagues listened with great gratification and pleasure to the speech of the hon. Member for Cambridge, who spoke with kindly sympathy for university representation in Ireland, and expressed his desire to see the other universities in Ireland obtaining equivalent representation with Trinity College. I am not going to deal with that question at length, but we are entitled to discuss that question on the Second Reading of the Clause. The Second Reading of this Clause is really in character so far as procedure goes similar to the Second Reading of a Bill, and the fact that we can bring up these matters on amendments subsequently does not debar us from alluding to them in the course of this Debate. I do not propose to go into the question of university representation at any great length, but will only remark, in reply to the hon. Member for Cambridge University, that when he comes to deal with individuals he will find that we have to deal with a tangled and difficult subject bristling with difficulties. I will content myself with saying that the National University, with which I am connected, will be obliged to put in a claim fully equal to that of Trinity College, because although the number of graduates qualified to vote at present may be less, even considerably less, than the number in the case of Trinity College, the number of students, if I am not mistaken, is greatly in excess, and the National University represents, so far as university education goes, a very much larger proportion of the people of Ireland than Trinity College itself does. Therefore when the proper time comes we shall be obliged to put forward a strong claim for equality of representation. I would myself strongly support also fair representation for the University of Belfast. I desire to see the University of Belfast represented.
When the hon. Member for Cambridge says that the representatives of the Nationalist party who were present at the Speaker's Conference showed no hostility to the representation of Trinity College I would ask him, though I do not know what happened at the Speaker's Conference, to remember what happened, when we were dealing with the question of redistribution under the Home Rule Act. It seems to be forgotten that we incurred a great deal of odium in Ireland owing to the fact that we did not desire to interfere with the representation of Trinity College, and we were attacked by some of our own supporters in Ireland for our attitude on this question on that very ground. But we took up the position that the representation of Trinity College, if the Irish question were settled, was one way of giving to the Unionists of the South representation which was very difficult to give them. That is quite true, but the hon. Member for Cambridge will be fair-minded enough to keep in mind the fact that when the representatives of the Nationalist party made no objection at the Speaker's Conference to the representation of Trinity College it was on the clear understanding that redistribution would not be touched. They never dreamt, when they dealt with that matter at the Speaker's Conference, that the Government were going recklessly and wantonly to open the floodgates and throw down upon the floor of the House this enormously complicated, contentious, troublesome question.
I will go for a moment to one important general question which has not been touched upon much during the previous discussion. One of the reasons—I confess that to my own mind it is a minor reason but still it is an enormously important reason—for our irreconcilable opposition to the whole programme of the Government is the method by which this is sought to be carried out in Ireland. What was done? It is well known to the House how in a hurry, without any adequate notice, such as was considered necessary in England, these Boundary Commissioners were appointed, and I need hardly say that, with the exception of Mr. Speaker, they were men who hardly enjoyed the confidence of the Irish people. The first was a man who did not command their confidence. The other, though a very able and courteous official, is undoubtedly a very strong Conservative, and is not a man who would be or should be selected for this task. How did they set about it? Whereas in this country the Commissioners consulted town clerks and officials and inquired into the local circumstances, these gentlemen went over to Ireland, and served a forty-eight hours' notice on people who had been led to believe up to that time that there would be no such thing as redistribution for Ireland. The consequence was that in many districts the people absolutely refused to attend the inquiries at all.
Including your own leader.
I deprecate these interruptions. Hon. Members will always remember that the custom and rule of the House is to address the Chair.
I am rather a sinner myself in that respect. I was consulted by some local representatives about the inquiries, and I advised them not to attend. It was grossly indecent that they should be served with a forty-eight hours' notice to attend the inquiries, though they had not even time to prepare their case. The matter was the subject of an attack in the newspapers, and it was described as a scandal. If I renumber aright, they get an additional forty-eight hours' notice in which to prepare for the inquiries, of which a great many were not held at all, as one side did not appear. What was the next scheme? The Boundary Commissioners drew up a complete scheme, and it is somewhat remarkable that the Member for Mid-Armagh had a scheme on paper already cut and dried. The Commissioners drew up their scheme without having had any adequate inquiry whatever in Ireland. What was the result? The scheme was sent over here, and immediately some mysterious officials got hold of that scheme, I do not know how, and they altered it. All the alterations made were for the purpose of carving out Tory seats. Even were we disposed to waive and lay aside our objection to the whole proceeding, can you expect the Irish people to be satisfied with treatment like that? It is not the scheme drawn up by the Commissioners after the first inquiry, but a scheme altered afterwards, and altered in a very sinister way, as I say. One question I should like to ask the Chief Secretary, by whom was the scheme first evolved, and by whose advice? We have heard of the draft of the Commissioners' scheme, and subsequently of the report that there were large alterations made.
There is no mystery about that. The Commissioners made a careful inquiry. They gave notice to all the constituencies, and fixed a date for a public sitting of the Sub-Commissioners to receive local representations. Seven or eight days' notice were given, and in most of the constituencies affected, at any rate, electors and representatives of electors attended before the Sub-Commissioners, who made a report of the proceedings at their inquiry. The Commissioners reconsidered the matter, and arrived at their ultimate scheme. I hope the hon. Member does not think that anybody presumed to alter the scheme.
Will the right hon. Gentleman lay these Commissioners' recommendations on the Table of the House and the inspectors' reports?
There were small reports of the proceedings before that, and there were also reports in the newspapers. It was not the intention of the Commissioners to make recommendations as to what should be done. What they had to do was to hear the views of the inhabitants of the localities. [An HON. MEMBER: "That is enough!"] I was asked a question of fact, and I was endeavouring to reply.
Was that the procedure in England?
Having ascertained what the representatives of the people of the localities desired, they communicated those representations to the Commissioners. I believe precisely the same procedure was followed in the inquiries in England.
Were they asked to make representations?
No.
Were they asked to express an opinion?
I believe they were not. They were to hear representations and to report.
Then they were merely shorthand writers and not Commissioners.
The hon. Member must make his own answer to his own inquiry.
The right hon. Gentleman cannot wonder that our friends in Ireland entertained a certain amount of suspicion and uneasiness as to the proceedings of those Commissioners owing to the darkness of their surroundings and the rapidity of their operations. It was the common report in Ireland, and the belief universally held, that the alterations that took place were entirely to effect the carrying out of the original scheme of the Unionist party which forced this policy on the Government. That programme, they have never denied—and, indeed, they have admitted it from the benches above the Gangway—was to hand over five seats to them in Ulster. As I understand from the first draft, which was made on geographical grounds and grounds of population, in accordance with the directions which were given to the Commissioners, the Unionist party were afraid, and had reason to fear, that this programme, for which alone they had forced this policy on the Government, would not be carried out, and might miss fire, and accordingly they insisted on alterations to secure their purpose.
I cannot allow a statement of that kind to go unchallenged that the Commissioners were influenced in their action by interference of that kind.
They were!
There is only one answer I could give to that statement, and it would be so utterly discourteous that it would disturb the relations which I have had with the hon. and learned Member, and I refrain from making it. I am satisfied that the Commissioners received from the Sub-Commissioners their reports of the proceedings made before the Sub-Commissioners, publicly made, and that they thereupon reconsidered the provisional scheme of representation.
May I ask this question: Is it not the fact that in the county Tyrone a Member of this House appeared and demanded that the scheme should be so altered as to give the Tories one representative, and that that was done?
Answer!
I will, by the forbearance of the Chair, answer. I read the report of the proceedings before the Deputy-Commissioners of Tyrone in order that I might see how the matter stood in relation to the crop of rumours and suspicions which spring up in Ireland on every question. What took place; as I believe, in Tyrone was that it is quite true that a Member of this House, who is also a member of a firm, appeared before the Deputy-Commissioners as the representative of some political association—
Mr. Montgomery!
:I believe he was a Member of this House; at all events, he was a member of the legal profession. He attended as the advocate of some political organisation. Hon. Members who know who he was have the advantage of me.
Who was he?
Denis Henry.
He was the representative of Mr. Montgomery.
As I understand the matter and as my recollection and information go, it is that the proposal presented to the Sub-Commissioners by the hon. and learned Gentleman was rejected.
No, no!
The hon. and learned Member may have other sources of knowledge, but he cannot know what my information and belief is.
My knowledge is the original scheme as published, and the final scheme as published!
I believe if you examine the reports in the newspapers or inquire of those present at the Tyrone investigation, it will be found that the scheme now before us is not the scheme put forward.
This is rather a singular method of continuing the Debate—
Well, the hon. Member—
I am not complaining in the least, because I think that once more the Government will realise what they are in for. They do not in the least realise it. On the contrary. It seems to me to be perfectly clear that this thing ought not to be gone on with. It shows what the Chief Secretary said, perfectly frankly, as to the suspicions that always spring up in Ireland in regard to anything of a party character. And, in God's name, can it be wondered at? Anyone who knows anything about Irish public life for the last 100 years, can they wonder that the country is always seething with suspicion as to the methods by which this matter has been carried out? The methods are of such a character that nobody in Ireland believes in their bona fides . That alone, without anything else, would be an overwhelming argument for postponement, and still more enormously additional argument against going on under present circumstances. There is no use in the Chief Secretary attempting to hide his head in the sand and pretend that this is not contentious matter. It is contentious, and contentious in the highest degree, and therefore it is, as all contentious matters have been in Ireland for a generation, surrounded by passion and suspicion, and generating heat. I have rarely listened to a more powerful appeal than that made by the hon. and gallant Member for Galway. For God's sake, give the Convention in Dublin a chance, and do not, without a shadow of excuse, at the dictation of some unknown person in the background, launch this House on the stormy seas which they must now see quite plainly are before them, and a series of angry discussions, spoiling the character of the Franchise Bill, which was a great measure, and of which everyone in the House was proud of getting through. Apart altogether from that, this will create contention in Ireland which may have the most dire and disastrous results.
Therefore I urge once more upon the Government to adopt the suggestion made by my hon. Friend, and to put this off, treating it frankly and honestly as a contentious measure, till after the Bill is passed into law. Then if, unhappily, which the Government themselves declare they do not anticipate, the Convention should fail to come to an agreement, then they can survey the whole situation, and make up their minds whether in their judgment it is necessary, or desirable, or worth while to embark on an Irish Redistribution Bill, treating it quite frankly as a contentious measure, which it must be. Failing an Irish settlement, it must be hammered out in this House, and you will get back to the old troubles of the times before the War. When I hear hon. Members talking about this being a small matter, I look back to the year 1914. A small matter! One of the chief points of bitter contention in this proposed scheme of redistribution is the county of Tyrone, and the very name of that county must alone teach the Chief Secretary whether that is a small matter. The controversy of 1914, which brought the country to the verge of civil war, centred over the county of Tyrone, which is an epitome of the history of Ireland, and on the soil of which county meet all those forces which have distracted Ireland and torn her asunder for three centuries. To tell the House it is a small matter, the transferring of seats from Tyrone to another party, and to do that without any excuse of any kind, marks the Government as irresponsible and incompetent to deal with the affairs of Ireland.
I do not wish to follow the hon. Gentleman who has just sat down. My sole intention in rising is to make a few observations with regard to the speech that fell from the hon. Member for Cork, and I should have been glad if I had had the opportunity of making those observations without the intervention of a single speech; not that I suppose the Committee in general—any more than myself—regard it as worth while in itself to follow the long rigmarole of irrelevant and malicious rant in which the hon. Member for Cork raved a little while back; but I should certainly consider myself despicable if I allowed that speech to pass without endeavouring to address to the Committee a few words with reference to the right hon. Friend of mine who is attacked, and who, I hope I may be allowed to say, in spite of the malevolence of the hon. Member, is one for whom I have, personally, more affection and respect than for any other man in this House or out of it. With regard to what the hon. and learned Member for Cork has said about my right hon. Friend—[An HON. MEMBER: "Where is he?"]—I am perfectly certain the hon. and learned Member had the courage to make the speech he did for one reason alone, and that was because he knew that public business kept my right hon. Friend outside.
Really, I think we should not not begin imputing these personal motives. We must observe the ordinary courtesies of the House.
What! Observe the ordinary courtesies of the House? Why, you have allowed the hon. and learned Member for Cork to impute motives for half an hour, and to hurl every sort of insolence at my right hon. Friend, because he is not here. Talk about imputing motives! Why, there was not one sen- tence in the hon. and learned Member's speech that was not imputing motives—and false motives. There was an estimate given of the hon. and learned Member for Cork yesterday by one who agreed with him, for the hon. Member of West Belfast (Mr. Devlin) said incidentally, as if it was imparting some surprising information to the House, "the hon. and learned Member below me sometimes speaks the truth."
How many members of the Government ever do?
I hope the hon. Member will exercise a little self-control and allow me to go on with my speech. I take that estimate given by the hon. Member for Belfast, and I only remark that those exceptional occasions of which he spoke were not illustrated in the speech of the hon. and learned Member to-night. We have heard from the hon. Member for Galway (Captain Gwynn) and other hon. Members moving appeals with regard to the spirit of reconciliation which he hoped had been generated in the Convention at the present time. I am perfectly certain that the speech in which the hon. and learned Member for Cork distinguished himself and disgusted the House was nowhere more disliked than among the Nationalist Members who sit behind him, and I am glad to see that what I am saying is assented to by the hon. and learned Member for Waterford (Mr. Redmond). I will do the members of the Nationalist party the justice of saying that I do not believe there is one of them who did not feel ashamed of such a speech as that which came from the hon. and learned Member for Cork. The Unionists of Ireland at any rate represent one-fourth of the people. I do not argue whether that is an underestimate or not, but I take it at that. My right hon. Friend the Member for Trinity College whom the hon. and learned Member attacked with his malice to-night is loved and revered by that one-fourth of the Irish people. Some distinguished Irishmen of the past have been mentioned. The Irish people, whether in the North or South, have always been distinguished for their hero-worshipping qualities and their loyalty to their leaders, but not even Swift, Grattan, Butt, or even Parnell were ever loved with the same reverence and respect as that one-fourth of the Irish people to-day regard my right hon. Friend the Member for Trinity College.
I beg to move, "That the Chairman do report Progress, and ask leave to sit again."
12.0 M.
I do not think that I shall be misunderstood when I state that I have listened to this Debate with feelings of the greatest regret, and I appeal to the Government not to allow it to continue. It must be quite evident to them, if this Debate continues and this controversy goes on, that we shall find ourselves engaged here day after day and hour after hour in discussing what must inevitably do great injury to Ireland and arouse the bitterest possible feelings. The right hon. Gentleman has always, in my experience of him as Leader of the House, been a most reasonable man, and I may be allowed to say the same of the Chief Secretary. I do appeal to them not to force the House of Commons to continue a discussion of this kind. The suggestion which I made earlier in the afternoon was honestly made in the interests of peace and in the best interests of Ireland and also of this country. It was not a suggestion that this matter should be finally dropped or withdrawn, but that time—not long time, but adequate time—should be given to allow the parties to consider this matter as they had not been able to consider it up to the present. Every man must admit that this has been rushed. The Irish people have not had time to consider it, and the suggestion that we could adequately consider it in all its details between this and to-morrow is one which I am sure was not seriously made from the Front Bench. We are in favour of this Bill passing, and we do not want to interpose any obstacle, but by the attitude that you have taken up you are forcing us to discussions which must inevitably have the effect of delaying the passage of the Bill and imparting bitterness into its discussion. My suggestion was that the redistribution plan should be withdrawn from this Bill and that it should be introduced in a separate Bill, not next Session, but this Session. You have a considerable time before you before this Session can come to an end. Give sufficient interval to us to consider this matter carefully and to put our views before you, bearing in mind the absolute sincerity of the state- ment which I made, and which reflects the views of my colleagues, that we do not want to deprive the Unionists of any part of Ireland and their fair share of representation. Give us an opportunity of going into these matters. I do beg of the Government, in the interests of the House of Commons, in the interests of this country and of the Empire, and in the interests of Ireland, last but not least, not to force us to continue the discussion under these conditions.
I need not say that I feel as strongly as the hon. and learned Gentleman the great harm which at such a time as this Debates such as we have listened to are doing in this House and probably still more in Ireland itself.
And in America, too!
It is certainly not from any feeling of obstinacy we did not at once accept the hon. Gentleman's proposal. But I should like first to understand exactly what that proposal means. I can assure him and the House that neither the Government nor Members from Ulster are interested in trying to get a triumph on the floor of this House. We have no such feeling as that. The hon. and learned Member for Waterford, in the speech he made just now, went further in the direction of making it possible to come to some understanding. I gather now that he does not oppose the principle of redistribution, and that he and his party are prepared to give Ulster in the distribution the representation to which, based on population, they are entitled.
assented.
And, therefore, what I would ask, as representing the Government, would be to give an assurance from the hon. and learned Gentleman that when the Conference which he suggests has come to an agreement upon a plan he will treat the Bill embodying it as an agreed Bill, and allow us to get it through without any of the delays which such Bills not unnaturally provoke. If that is the proposal of the hon. and learned Member, I am quite prepared, on behalf of the Government, to consider it, and to accept now the Motion to report Progress.
If it will ease the situation, I may tell the hon. and learned Member that any agreement he makes with the Government on this subject I will accept and endorse.
It is impossible for me to say I will treat as non-controversial or as agreed any Bill until it has been drafted, considered, and agreed to by us. What I suggest is that such a Bill should be introduced separately, that we should sit down and consider it, and endeavour, if we can, to come to some agreement about it. I say that with this in my mind all through—that I have no desire in the smallest degree to deprive hon. Members for Ulster of their fair share of representation. I think hon. Members for Ulster who sat with me on the Convention in Dublin will bear me out When I say I have given indications there beyond doubt or question that my desire is to give them the fullest possible representation.
The hon. and learned Gentleman will, I feel sure, see it is rather difficult for us to accept right out the proposal which he has made. He knows as well as we do that there is a strong feeling on this matter in one section in Ireland, and that feeling will not be met if the Bill we are discussing is allowed to pass out of our hands with the danger that nothing may come of the Conference which the hon. and learned Member suggests. I am sure he will see that that is so. On the other hand, if he can give a definite pledge such as I have indicated, I am prepared to accept it in the spirit in which he makes it, and in the sense that he is prepared to give the people of Ulster a fair share of representation.
assented.
And, indeed, to give the whole of Ireland the representation which its population entitles it to. I am sure he would not have made the proposal he has made unless he intended, so far as he is concerned, to carry it out thoroughly in every possible way, and, therefore, although I am not prepared to do what I would like to have done—to have agreed to report Progress with the idea of the House not sitting again till Monday—I am prepared to assent to reporting Progress now on the understanding that the House shall sit again to-morrow in the hope that as a result of discussions between now and to-morrow it may be possible to suggest some modus vivendi which will enable us to end the difficulty which has been so keenly discussed during the last few hours. I think it is a fair offer, and if it commends itself to the hon. and learned Gentleman, I shall gladly agree to it on behalf of the Government.
That is not an acceptance of my suggestion, or offer, which was clear and distinct—that the right hon. Gentleman should withdraw this portion of this Bill, let the Bill go through, and introduce a separate Bill before the end of this Session dealing with redistribution for the whole of Ireland. He says now he wants to adjourn till to-morrow, in the hope that between twelve o'clock midnight and twelve o'clock to-morrow, discussion—I do not know what he means by discussion—will enable us to arrive at some modus vivendi to make it possible to continue discussion. That is a vague offer.
Perhaps the hon. and learned Gentleman has not understood me. My proposal was not that we should come to an agreement to-morrow with regard to this Bill. My proposal was made in the hope that in the interval it might be possible to accept to-morrow the definite suggestion the hon. and learned Member made. That was my point.
May I remind the right hon. Gentleman of the old maxim,. "Agree with the enemy in the way," and may I also remind him that the Irish party has never broken a bargain in forty years; that no arrangement made with any individual Irishman—whatever our faults—has ever been broken. I would recommend him now to unite with the hon. and learned Member for Waterford, and to take the Third Reading of the Bill tomorrow. He has a splendid opportunity now of getting the Third Reading. Furthermore, I make this suggestion. I do not know whether it will be accepted by the hon. and learned Member for Waterford, but for myself I would go this length and say that, if in a conjuncture of circumstances a solution should become necessary to be applied, I should be prepared to accept the arbitration of Mr. Speaker on that particular question. We should have a Bill of enormous value, and I can only say for myself, that if the Ulster party get here and there a seat more than they are entitled to, I shall still adhere to what I have said.
I am really very anxious to come to some amicable arrangement if possible. I understood the hon. and learned Member accepted every proposal, that he understood it, and, if so, I do not see any difficulty, provided we do come to that understanding, in carrying out to-morrow the suggestion of the hon. and learned Member for Cork (Mr. Healy), and getting the Third Reading, on the understanding, that is, that we do come to an agreement that this part comes up separately instead of as part of this Bill.
I think in a vital matter of this kind an Ulster Member is entitled to intervene, although I do so with the greatest regret because of the absence—[HON. MEMBERS: "Speak up!"]—of our Chairman who had no indication that this change would be announced. [An HON. MEMBER: "We cannot hear what you are saying!"] The hon. and learned Member for Waterford expressed again, as he was good enough to do on the last occasion when we discussed this subject, his satisfaction with the conduct of the Unionist Members with the Convention. I am speaking now on the spur of the moment, but what is now suggested is that this Bill should go through minus its redistribution proposals, so far as they affect us in Ireland. May I at once point out that those of us who have been doing our best to effect a reconciliation in Ireland have to bear in mind those they represent, and how will our friends in Ulster view the fact that the first time all the kind things that have been said to us are put to the test in the House of Commons we find them gone, because the Government are inclined to recede from the position they had taken up, and to which it was understood they intended to adhere?
I venture to suggest to the hon. and learned Member for Waterford that he is increasing the difficulties of every Unionist member of the Convention by the line he is urging the Government to take. I do not think the suggestion has been made from any quarter of the House that under the redistribution proposals Irish Unionist Members are to get a single seat in excess of their true quota. Indeed, in view of the probable discussion of the details, I have again checked the figures I gave to the House yesterday, and I find, after that short investigation, that the rule which is usually applied in Ireland of giving over-representation rather than under-representation has not been applied in this case, and that the proposals, of which I made no complaint yesterday and make no complaint to-day, are rather in favour of the majority than of the minority. The Unionist Members would never for one moment suggest that they were entitled to any special consideration from this House, but they should at least have been considered and the interests they represent should have been consulted before the Government should seem to recede from the position which I understood they had taken up. If it is intended to help us in the work to which we are still putting our hands, I greatly fear it will have the exactly opposite result. I say that in all sincerity, as one who is anxious to do his part in the responsible duty to which I have put my hand. I again appeal to the hon. and learned Member for Waterford to let us have done with the tactics that have been pursued during the last two days. In the interests of Ireland and of the Empire, let a few of us who feel some responsibility meet to-morrow in Committee, and see if we cannot adjust this matter between us. I am fulfilling tonight a task which is in the highest degree distasteful to me, because we have difficult work to pursue in Dublin. It is not too late now to allow the suggestion I offered some few weeks ago to be seriously reconsidered and, if possible, accepted. If that is done, and if, as a result of that short meeting—I think it should be only a short meeting—we are able to satisfy our friends below the Gangway that, as a result of the proposals of Mr. Speaker and his colleagues, we shall still be left somewhat short of our full quota of Members in this House, then, in the best interests of the future unity of Ireland, I plead that we get on with the Bill and finish it to-morrow.
In my experience I claim that there are times when the decision of the House indicates that a settlement should be effected and in trying to put myself in the position of both parties in Ireland I feel that with the terms which have been exchanged and the intentions which have been expressed by both sections as to the intentions of carrying out redistribution in Ireland the Government would be quite justified in taking the course which has been suggested to them and that we should be able to-night to pass this Bill, which has been practically an agreed Bill through the greater part of it, with the sure hope and with the pledge that when our friends in Ireland come to see what it would really be to put this Bill in force and have an election without any redistribution, both parties would feel that some redistribution was necessary, and in view of what is taking place in Dublin, if we do not get a direct lead from there as to the form it should take, with the cordial support of the House there would be no difficulty in passing an agreed form of redistribution as a separate Bill without any delay to either Bill. I hope the suggestion will be adopted, and that we may be allowed to pass the main Bill to-night and proceed with the other next week or to-morrow more amicably than we could do to-night, for it has been most painful, considering the position of the Empire, to feel that these old claims have come up again and can do no good to this Bill or the legislation which is ahead of the Government in the next few weeks, and I plead for a settlement on the lines so nearly arrived at between the Leader and the hon. and learned Gentleman (Mr. Redmond).
I must again apologise, but no one feels more strongly than the hon. and learned Gentleman (Mr. Redmond) that there must be an understanding as to the exact arrangement which is proposed. I understand he does not desire to insist on the proposal which has just been made by my right hon. Friend opposite that we should settle it and pass the Third Reading to-night, and I wish it to be clearly understood on my part that what I have agreed to is this, that we now report Progress with the hope that when we meet to-morrow it may then be possible to come to an understanding by which this portion of the Bill will be left out of the Franchise Bill, but on the definite understanding on our part that we come to that arrangement because we believe and are sure that the result of it will be that the redistribution, which the hon. and learned Gentleman admits is fair, will take place simultaneously with the passing of this Bill. [HON. MEMBERS: "No!"]
On the contrary, my hon. and learned Friend said time.
That is my understanding, and I am very glad I rose, for I did not wish there to be any misunderstanding about it.
Those are not the words you used.
I said a new Bill, and I say a new Bill now—a new Bill to be passed at the same time. On any other terms I do not think agreement is possible, but that ought not to prevent us agreeing to the proposal that we report Progress now, on the understanding that we start the matter afresh to-morrow, with the desire that is shared by both of us, and I think by the House, that some agreement will be possible.
There really must be no misunderstanding. The idea of the simultaneous passing of a separate Bill was not mentioned by anybody until it was mentioned now by the right hon. Gentleman. On the contrary, my proposal was based on the necessity of some time elapsing. I used the phrase "not necessarily a long time," but at any rate time to enable us to consider the whole question and to consult upon it. The right hon. Gentleman will remember my words.
I think there is a misunderstanding as to the term "simultaneously." I do not mean simultaneous passing so far as this House is concerned. I understood the hon. and learned Gentleman to suggest that the time when this Bill was being discussed in another place might be well utilised here to pass a separate Bill. In that way there would be no delay and the two Bills could receive simultaneously the Royal Assent. That was my meaning.
There was not a single syllable used by me or the slightest indication given by me that this Bill and the separate Bill might pass simultaneously. What I said and what I indicated was that you could introduce a separate Bill before the end of this Session, and give us adequate time for its consideration. As the matter stands now, it appears that we are to agree to report Progress now and to come back to-morrow to renew this wrangle. It is a most unfortunate state of things. If the right hon. Gentleman will say that he will agree to drop the Irish redistribution portion out of this Bill and proceed this Session with a separate Bill, that will meet the case.
That is what he says.
He says they are to pass simultaneously!
To receive the Royal Assent simultaneously!
I am sorry, as an English Member, to intervene in the question before the Committee. But it seems to me that the difference between the hon. Member for South Londonderry and the hon. and learned Gentleman the Member for Waterford is so slight that the Government might, in a sense, merge the difference between the two. I am speaking now on this question from the standpoint of labour, and labour may cut across the path of the Unionist party and the Nationalist party in Ireland. That being so, I say without the least hesitation that, in my opinion, and in the opinion of the Labour party in this House, and of the Labour party in this country and in Ireland, the Government would be well advised to leave out of the present Bill any question regarding the redistribution of seats in Ireland. We believe that the case could be met by, shall I say, a discussion between the two parties at the present time most interested in the question of redistribution in Ireland. It could be met—if not quite fully, then to a very large extent—by a conference between the parties most interested at present, with the object of coming to an understanding on this question. I believe that if the matter were left to this conference, organised labour in Ireland would accept any decision arrived at between the Unionist party and the Nationalist party with regard to redistribution. But organised labour in Ireland, as I said yesterday, is absolutely opposed to the passage or non-passage of this Bill depending on the question whether the redistribution of seats in Ireland be included, or left out of it. Organised labour believes that the question of redistribution of seats in Ireland should be left an open question, that the passage of the Bill through this House should not he endangered by the Government adhering to it or determining that redistribution must be included in the present measure. I, therefore, appeal to the right hon. Gentleman to accept the proposal of the hon. and learned Gentleman the Member for Waterford—to leave the proposal with regard to redistribution in Ireland in abeyance for the time being, to pass this Bill, and later on, to introduce a Bill with regard to redistribution in Ireland. I agree that the two Bills could not simultaneously pass through this House, and I think that is just where the hon. and learned Member for Waterford differs from the Chancellor of the Exchequer in the matter. I appeal to him to drop this minor point with regard to getting what is, to all intents and purposes, an agreed Bill, not only so far as the people of this country are concerned, but the whole of the people in Ireland. If he does that, I believe his action will meet with the approval and appreciation of organised labour and democrats throughout the whole of the United Kingdom and Ireland.
I must make it plain that in this business I am on the side of the right hon. Gentleman opposite—that I think the Government have made a fair offer, and I must make it plain that in my judgment that offer ought to be accepted. The right hon. Gentleman has said be is willing to drop these Clauses now, and to bring in a Bill dealing with redistribution, which is to be passed pari passu , as I understand it, namely, to receive the Royal Assent at the same time. That is a fair and an honourable offer, and that offer ought to be accepted. If it be not accepted, this must be the reason for it—that when the Redistribution Bill is proposed, the Franchise Bill will then be in the Lords. There will be dissent between the hon. and learned Gentleman and the Government as to the terms of the Redistribution Bill, and then it will be said, "Oh, you cannot agree on redistribution, and we will punish you by dropping franchise." We will not have that. I think I understand my countrymen quite as well as others. I will say no more than that. [HON. MEMBERS: "They understand you!"] I am in favour, in the words of the hon. and learned Member for Watford, of giving to the Ulster members their fair share of representation. That can be ascertained by anybody who understands the first elements of arithmetic. Very well. The Government says they will drop these Clauses now, and they will bring in a Bill which will be in the nature of an agreed Bill, which is to, be passed pari passu with the Franchise Bill—that is to say, to receive the Royal Assent at the same time. I say that is a fair offer. In that sense I accept it, and I venture to tell the hon. and learned Member for Waterford that if he now declines to accept that fair offer, and if anything happens to the Franchise Bill in consequence of his attitude, then—though probably his interests in the future representation of Ireland are not great—he will be saddled with the loss of the Franchise Bill. The Government have made a fair offer, and I tell them that is my opinion—be my opinion good, bad, or indifferent. I think the right hon. Gentleman acted correctly, and I certainly should sustain him in the attitude he has taken up.
:I have not risen to answer the last speech. It is not a speech in the interests of agreement or of the existence of this Bill. But I would like to ask the right hon. Gentleman to let us understand exactly how we stand before we separate. This was not an offer of the Government, but one which I made to the Government, and they have, I understand, accepted it. My offer was this: That if they would withdraw these Clauses from the Bill, and let it pass in the shape in which it left the Speaker's Committee, we would agree to a separate Bill being introduced, as soon as ever he likes, in the present Session. And all that we stipulate for is that sufficient time will be given to us carefully to consider that Bill, and to endeavour to come to an agreement about it, so that it can be passed into law in the present Session. Now, what is there between us? The question whether the Royal Assent to the two Bills is to be given simultaneously Does that mean on the same day? That is a mere trifle. What I want is to ensure that this Bill, dealing with Ireland, will be introduced at such a time as will give us an adequate opportunity of considering all its Clauses, and of consulting with a view to coming to an agreement based on adequate and fair representation for all sections of the population in Ulster and the rest of Ireland. If the Government are agreed on that, why cannot we settle it now? Why should we come back at 12 o'clock to-morrow to reopen this discussion, and perhaps spend the whole day to-morrow in a wrangle over it? Do I understand the right hon Gentleman to agree to that arrangement?
No.
Where do we differ?
I will tell the hon. and learned Gentleman what is the difference between us, and I am surprised to find we do differ. I thought the proposal I made was the proposal in substance of the hon. and learned Gentleman. We have had this dispute for two or three days. The Government, not without great consideration and great anxiety, came to the conclusion that they had to take this course. We wished to make sure that, whether it is done in this Bill or in another, redistribution does take place at the same time, and comes into effect in the same way as franchise, and I cannot possibly, after the attitude which the Government have taken, accept any agreement which has any other effect.
That is the effect of my proposal.
That shows that there is not the difference between us that apparently there is. Let me make it quite plain. I am sure it is fair, and, as I say, I thought it was the proposal of the hon. and learned Gentleman. What I wish to make certain is that, if we agree to have a new Bill, giving redistribution, that Bill will pass in such a way as to make sure that this Franchise Bill does not pass without it. Now, is there really any difference between us? The hon. and learned Gentleman says that he wishes to give fair representation—that is to say, a fair measure of redistribution. It may be—and this is a difficulty which I foresee, and no doubt he does, and it may cause difficulty in coming to an agreement—that after the parties have met they could not agree, and that the hon. and learned Gentleman would feel that he had to fight it on the floor of the House. If so, we have given away everything and have got nothing. I have not had time, as the House will understand, to consult with my right hon. Friend or my colleagues, but I think there would be a method of getting over that difficulty; and what I propose is this—and I believe it will be accepted—I hope so—by those represented by my hon. Friend who spoke last—let there be a couple of representatives from the hon. Gentlemen below the Gangway, a couple of my hon. Friends above the Gangway, and, if Mr. Speaker would undertake the duty, let him be in the chair. Let him, in fact, try to guide this Conference as he guided the other, so as to come to an agreement. And if we have the certainty that the agreement arrived at by them would be allowed to go through as an agreed Bill, then that is an arrangement which, I would say, in all the circumstances, is fair. I do hope that my hon. Friends opposite will realise that in making this proposal I am making a proposal which I myself feel, and I am sure the House as a whole will feel, is the best that is possible in the circumstances. We all wish, at any reasonable price, at a time like this, when events are happening which we are forgetting altogether in wrangles of this kind, to bring the House back to a sense of the realities of the situation. In making this proposal, I think it is more than fair to hon. Gentlemen opposite, and I am confident that my hon. Friends opposite, and the House as a whole, will feel that whether it is more than fair to them or not, it is a reasonable and right proposal for the representatives of the Government to make in circumstances such as these.
I am in the same position as the right hon. Gentleman—I have not had time to consult my Friends. For myself, I am quite willing to accept the proposal, quite willing; but you must take it with this qualification, that I do not know how far my acceptance of the proposal will be accepted by all my Friends. But I say for myself that I am quite content to accept that proposal, the proposal being that this body may be set up—we need not go into the question of numbers now—with Mr. Speaker as Chairman, and that the agreemennt come to by that body should be accepted when the Bill comes back to this House—accepted by me and by those for whom I am able to speak. On that understanding, I hope we will finish this matter to-night and not have any further discussion.
It is impossible to do it to-night.
I think it right that I should say for myself and my colleagues—and most of my colleagues are present—that we heartily approve the suggestion of the Leader of the House. It is, in effect, the proposal which I made a month ago, and I wish it had been accepted then. We have no desire to gain any advantage whatever over any other part of Ireland. I think the numbers suggested by my right hon. Friend should be adhered to. I am no believer in large committees.
I think we have come to an agreement now. The only point is whether we should go on with the Bill to-night or to-morrow. I am quite sure it is wise not to go on to-night. To begin with, we do not know whether Mr. Speaker would he willing to accept the duties suggested, and I am sure none of us will lose by having form now until twelve o'clock to-morrow to think over the matter.
Question put, and agreed to.
Committee report Progress; to sit again to-morrow (Friday).
Education (Provision of Meals—Ireland) [Money]
Considered in Committee.
[Mr. WHITLEY in the Chair.]
I beg to move, "That it is expedient to authorise the payment, out of moneys to be provided by Parliament, of an amount not exceeding one-half of the sums expended out of the rates by local authorities under Section 3 of the Education (Provision of Meals—Ireland) Act, 1914, in pursuance of any Act of the present Session to amend the Education (Provision of Meals—Ireland) Acts, 1914, and 1916."
Will the right hon. Gentleman the Chief Secretary say whether the provision made in this Bill corresponds to the provision made with regard to Great Britain—it has been said to be difficult?
Such a statement, I know, has been made. It is quite erroneous. Ireland will be treated precisely in the same way as Great Britain.
Question put, and agreed to.
Resolution to be reported to-morrow (Friday).
The remaining Orders were read, and postponed.
It being after Half-past Eleven of the clock on Thursday evening, Mr. DEPUTY-SPEAKER adjourned the House, without Question put, pursuant to the Standing Order.
Adjourned accordingly at Fourteen minutes before One a.m., till to-morrow (Friday), pursuant to the Resolution of the House of the 6th December.