House Of Commons
Monday, 21st January, 1918.
New Writ
For the County of Armagh (South Armagh Division), in the room of Charles O'Neill, Esquire, deceased.—[Mr. Boland.]
Board Of Education
Copy presented of Notes on the Education (No. 2) Bill [by Command]; to lie upon the Table.
General Lighthouse Fund
Copy presented of Account of the General Lighthouse Fund, showing the Income and Expenditure for the year ending 31st March, 1917 [by Act]; to lie upon the Table, and to be printed. [No. 172.]
Ministry Of Reconstruction
Copy presented of Report by Local Government Committee on Transfer of Functions of Poor Law Authorities in England and Wales [by Command]; to lie upon the Table.
Representation Of The People Bill (Redistribution Of Seats In Ireland)
Copy presented of Letter from Mr. Speaker to the Prime Minister acquainting him of the Determinations arrived at by the Conference on the Redistribution of Seats in Ireland [by Command]; to lie upon the Table.
Police (Counties And Boroughs, England And Wales)
Copy presented of Report of His Majesty's Inspector of Constabulary for the year ended 29th September, 1917 [by Act]; to lie upon the Table, and to be printed. [No. 173.]
East India (Loans Raised In India)
Copy presented of Return of all Loans raised in India, chargeable on the Revenues of India, outstanding at the commencement of the half-year ending on the 30th September, 1917, etc. [by Act]; to lie upon the Table, and to be printed. [No. 174.]
Public Offices Site (Dublin) Act, 1903
Account presented showing the Money issued from the Consolidated Fund under the provisions of the Public Offices Site (Dublin) Act, 1903, and of the Expenditure; the Money expended and borrowed and the Securities created under the said Act for the period ended the 31st March, 1917, together with the Report of the Comptroller and Auditor-General thereon [by Act]; to lie upon the Table, and to be printed. [No. 175.]
Superannuation Acts, 1859 And 1876
Copy presented of Treasury Minute, dated 18th December, 1914, declaring Harbin to be an unhealthy place for the purpose of the Superannuation Acts, 1859 and 1876 [by Act]; to lie upon the Table.
Motor Car Acts
Copy presented of Heavy Motor Car (Amendment) Order, 1917 [by Act]; to lie upon the Table.
Dutch Transit Traffic (Miscellaneous, No 2, 1918)
Copy presented of Further Correspondence respecting the Transit Traffic across Holland of materials susceptible of employment as Military Supplies [by Command]; to lie upon the Table.
Intermediate Education (Ireland)
Copy presented of Rules for application of proposed grant of £50,000 for the purposes of Intermediate Education in Ireland [by Command]; to lie upon the Table.
Department Of Agriculture And Technical Instruction For Ireland
Copy presented of Provisional Regulations with respect to the definition of certain benefits and advantages and other matters connected with Agricultural Wages [by Act]; to lie upon the Table.
Bank Of England
Paper laid upon the Table by the Clerk (of the House: Copy of all applications made by the First Lord of the Treasury and the Chancellor of the Exchequer to the Governor and Deputy-Governor of the Bank of England for advances to Government authorised by Parliament, from 6th January, 1917, to 5th January, 1918 [by Act]; to be printed. [No. 176.]
Oral Answers To Questions
War
Russia
Treaty With Japan
4.
asked the Secretary of State for Foreign Affairs whether he has seen the text of the secret Russo-Japanese Treaty of 3rd July, 1916, recently published at Petrograd; whether the Foreign Office had knowledge of this Treaty when made; and whether, in view of Article 3 of the Anglo-Japanese Alliance of 1911, he will say whether the British Government was consulted before the Russo-Japanese Treaty of 1916 was effected?
The Treaty referred to was communicated to His Majesty's Government confidentially by de Japanese Government before signature.
Diplomatic Representatives
5.
asked whether the Governments of France and the United States, or either of them, continue to have diplomatic representatives at Petrograd; and, if so, whether such representatives are in diplomatic relations with the present Government of Russia?
The answer to the first part of the question is in the affirmative; that to the second in the negative.
Sir George Buchanan
7.
asked whether Sir George Buchanan is returning from Petrograd; and, if so, whether in any future appointment the area of selection will be so greatly widened that such posts may become available to capable and distinguished men of the world whose ideas have not become limited by the official groove: and whose minds are alive to the movements of a new time?
Sir G. Buchanan is only home on leave. As regards the second part of the question, I will give the hon. Gentleman the benefit of the doubt, and assume that he makes no reflection on this most able and distinguished public servant. On the subject of appointments to ambassadorial posts I am giving an answer to the hon. Gentleman in connection with Question No:8.
Allied State
11.
asked whether Russia is still an Allied State for the purposes of the War?
As far as treaties can make her so, she is.
Is the position taken up by Russia at the present time with reference to the Pact of London a matter which has made no difference in this respect?
It has not affected the validity of the treaties so far as I know.
Interned Russians
86, 87, and 88.
asked the Home Secretary (1) whether any Russian subjects now remain interned without trial in this country; if so, how many; and whether the release of any of these persons in the near future is under consideration; (2) whether Mr. Sairo, a Russian subject, is, or has been, interned. without trial in Brixton Prison; if he is still interned, why was he not returned to Russia with Mr. Tchitcherine; (3) whether Mr. Hasse, a Russian subject. is, or has been, interned without trial in Reading gaol; and, if he is still interned, why was he not returned to Russia with Mr. Tchitcherine?
Four persons, claiming to be Russian subjects, are at present interned under Defence of the Realm Regulation 143, namely, three men and one woman. They have all been offered the choice between being sent to Russia or remaining in internment in this country. One of the men, Sairio, refuses to state which he would prefer; it is proposed to send him to Russia. The other two, Hasse and Natenbruk, have now chosen to go back to Russia; the woman, Witcop, declines to go unless she can be accompanied by a German prisoner of war who cannot be released from internment or sent to Russia. Arrangements will be made to send Sairio, Hasse and Natenbruk to Russia as soon as possible.
With regard to the question of Witcop, is it not a fact that her husband, who was exiled from Germany, was a well-known writer against German militarism for many years, and that she has been offered by the Advisory Committee an opportunity of going to Russia with her husband?
I do not know whether the person whom the hon. Member refers to as her husband is married to her.
Is it not a fact that she has been married to this man, though not by English law, for many years, and has a grown-up son, and does the right hon. Gentleman think it a fine thing to insult a woman like this?
I say nothing at all against her, but if she is married to this man, of course, she is a German subject, and cannot be sent to Russia at all. We have no power to send a German to Russia.
Is it not a fact that Mrs. Petroff was declared by the Home Office to be a German subject, and has she not recently been sent to Russia?
That may be so, but different considerations apply in the case of a German man and a German woman.
British Concession, Shameen (Germans)
6.
asked whether all Germans have now been cleared out of the- British Concession at Shameen, in China; and whether their buildings have been taken over and their leases terminated?
When China declared war upon Germany His Majesty's Consul-General at Canton informed all the Germans in the British Concession on the Island of Shameen that they could only remain there if they closed their businesses and reported to him at the British Consulate-General every fortnight. As a. result seven enemy subjects left the Concession, and the twelve who remained, all males, have observed. the conditions imposed by the Consul-General. I am informed that, pending a decision in regard to the legal questions involved, no buildings belonging to Germans have been taken over, nor have their leases been terminated, but further inquiries will be made as to this point
What legal decision. does my right hon. Friend refer to? Are we at war with Germany or are we at law with Germany?
Undoubtedly at war with Germany, so that I do not see the relevance of that observation.
British Ambassador At Washington
8.
asked the Secretary of State for Foreign Affairs whether, in view of the importance of the position of permanent Ambassador at Washington, he will, in considering the qualities demanded by that post, avoid the selection of any man incrusted in official routine or out of sympathy with democratic ideals, and will consequently select from outside the present limits of the Foreign Office a forward-looking man of wide culture and democratic style?
I feel sure that when the occasion arises the Prime Minister of the day will take a broad and statesman- like view of all the considerations which should influence the advice he will give to the King.
Is it the case that no man can be appointed to such a position as this unless he is in possession of a private fortune of a certain figure—one of the rich?
I am not aware of any rule of that sort. If the hon. Member wants further information he had better put a question down.
Even if it should break with the tradition of the Foreign Office, will the right hon. Gentleman not follow this excellent advice?
The advice that I have suggested to the Prime Minister is in exact conformity with the traditions of the Foreign Office.
United States (Passports)
10.
asked the Secretary of State for Foreign Affairs whether he will grant passports to a mother and daughter who desire to nurse a daughter of the former who resides in the United States and is stricken with an incurable disease, and has no other relatives there to attend to her?
In the circumstances stated by the hon. Member, applications for passports would no doubt receive the fullest consideration.
Food Supplies
Milk
12.
asked the President of the Board of Agriculture whether any Report or public statement will be issued by the Milk Production and Distribution Committee showing what this Committee has done in the matter of the milk supply?
The Committee on the Production and Distribution of Milk have already issued two Interim Reports, dated the 8th June (Command Paper No. 8608) and the 30th November (Command Paper No. 8886), in last year.
Brixham Fisheries
25.
asked the First Lord of the Admiralty if he will sanction the request of the Brixham Fisheries Development Committee to have two lights fixed at Tor Cross to safeguard the Brixham fishermen from trawling in the restricted area of Start Bay?
I regret that on naval grounds the fixing of lights as suggested in the question cannot be sanctioned.
Will the right hon. Gentleman not mark a chart, painted in dark blue, so that the Fisheries Development Committee may keep it, and show it to the fishermen, who are only too anxious to catch fish, but who do not desire to transgress the Regulations?
I will submit that proposal of a marked chart to my naval advisers. Obviously lights are out of the question. They would disclose the full situation to the enemy submarines.
Fish
30.
asked the Parliamentary Secretary to the Ministry of Food whether he is aware of the great difference between the price given to fishermen for sprats caught, namely, 3s. or less for 100 1bs., and the retail market price of 6d. per 1b.; and whether, seeing that sprats are an important article of food, especially at the present time, he will fix the market price without delay to prevent undue profits being made?
36.
asked the Parliamentary Secretary to the Ministry of Food whether his attention has been drawn to the fact that herrings are still sold at 5d. and 6d. apiece in the London shops, whereas at the coast they have been sold at the rate of 1?d. apiece; and whether the issue of the Order for the regulation of fish prices can be expedited, seeing that he stated on 20th December that it was being considered?
The F sh (Prices) Order, which comes into operation on Wednesday next, will, it is hoped; remedy the grievances to which attention has been called.
Will the hon. Gentleman take care that sprats and herrings do not disappear from the market, like rabbits?
What steps will the Department take to see that these high prices in the Order just issued will mean adequate remuneration to the fishermen, who have to take great risks catching the fish?
I cannot reply in detail to that question. The prices have been fixed and they will be issued on Wednesday next. When the hon. Member has seen them he can put another question on the Paper, if he requires further information.
I have seen the prices in the statement issued. I am anxious in regard to the fishermen in this industry that the hon. Gentleman will see that the prices fixed will secure adequate remuneration to the fishermen and not the middlemen.
Can the hon. Gentleman say if the price paid to the fishermen is 3s. per 100 lbs., while the retail price is 50s. per 100 1bs.?
I cannot go into any details, but I will direct the attention of the Ministry of Food to the matters which have been raised
Monthly Supplies
31, 32, and 33.
asked the Parliamentary Secretary to the Ministry of Food, (1) in view of the statements that householders may not have in store more than a fortnight's supplies, what is the position of the householder who is paid monthly and gets in his supplies monthly; (2) what is the position of the housewife who saves the household ration of sugar for the purpose of jam preserving, though not a grower of fruit, when the preserving season commences and in consequence thereof may have sundry pounds of sugar in hand; (3) what is the position of the housewife, in the event of a visit from an officer of the Food Controller, who is found to have possession of a plentiful supply of jams of her own preserving, bearing in mind the fact that no more than a fortnight's supply of rood, controlled or uncontrolled, be kept in hand?
No statement has been authorised as to whether a person may or may not have in store more than a fortnight's supply. Whether the quantity of food in a householder's possession at any one time exceeds the quantity required for ordinary use and consumption is a question of fact to be determined in each case. The Food Hoarding Order does not apply to any home-produced or homemade article of food in the possession of the producer or maker, or to the materials necessary in the ordinary course for such production.
American Ymca (St James's Square Buildings)
13.
asked the First Commissioner of Works the purpose of the excavations going on and of the bricks collected in the garden in St. James's Square; what is the nature and height of the structure presumably to be erected there; and what is its object and when is the structure to be completed?
The building referred to by the hon. Member is not being erected by my Department, nor have I any information on the subject beyond the fact that I understand it is being erected by the United States Young Men's Christian Association.
Do we understand that it has nothing to do with the Commissioners of Works? Is it the War Office?
As far as I know, it is being erected by the United States Young Men's Christian Association.
Are there not large mansions in St. James's Square and in the neighbourhood which are unoccupied and which might have been used instead of this building?
As I have told the hon. Member, I know nothing at all about it. It has nothing to do with my Department.
Have they not to get sanction for building from some Department of the Government?
I have no doubt they have to get sanction from some Department—I do not quite know which.
Is it not His Majesty's Commissioners of Works?
No; not at all.
Shipyard Employes, Dumbarton
Bonus To Time-Workers
14.
asked the Minister of Munitions whether he has been informed that the shipyard employés in Dumbarton received from their employers a promise on the 20th December last that an increase of 12 per cent. would be paid on the 22nd if the Ministry of Munitions agreed that the firm was in communication with the Ministry on the subject; that the Ministry sent, under date of the 11th December, a letter which arrived on the 21st and which was too late to permit of an amicable settlement of the claim; whether he is aware that, after delays and continued unsettlement owing to the indefinite replies made by the Ministry of Munitions, a large number of men quitted work; and whether he has yet been able to settle this dispute?
I will answer this question if I may. It is a fact that the employés received a promise from their employers on 20th December that the per cent. bonus to plain time workers would be paid on the 22nd if the Ministry of Munitions agreed, and that firms concerned were in communication with the Ministry on the subject.
The Order is dated 11th December, and a very large number of copies had to be issued. Finding from the printers that the prints could not be returned to us by the 18th, we set to work ourselves on the 17th, duplicating copies of the Order and a covering letter which were posted by us on the 18th. These were not delivered by the post office to some of the Dumbarton firms till the 21st. On the 20th, some of the employers on the Clyde informed their men that unless the Order was received that day, it would be impossible to pay the bonus to all men entitled to it on the 22nd, and a notice to this effect appeared in the local Press. The copies arrived too late to enable the employers to make up the pay sheets so as to pay on the 22nd, and the bonus was paid the following week before the New Year holidays. It is possible that this incident contributed in some degree to the decision of the men to "down tools," but my hon. Friend is, of course, aware that other questions were involved. The whole question of the strike has since been in the hands of the Ministry of Labour. I understand that most of the men affected in this particular case undertook to return to work this morning.Are we to understand that in any case this advance will be retrospective from the 22nd?
I should like to see the terms of it, but I have no doubt in my own mind that that is the ease.
Horses Exported From Ireland
15.
asked the Vice-President. of the Department of Agriculture (Ireland), what relaxation has been made regarding the export of horses from Ireland which are not required for agricultural or business purposes in Ireland, but are wanted in Great Britain; and whether he is aware that many complaints have been made on this subject, and that those idle horses arc consuming oats and hay and so depleting food supplies?
Light trappers and hunters have been added to the classes of horses for which licences for exportation from Ireland were previously given. Careful consideration was required to secure the retention in Ireland of sufficient horses suitable for agricultural purposes, with a view to the carrying out of the Compulsory Food Production Scheme, but the Department of Agriculture hope to be in a position before long to announce the withdrawal of the Order restricting the export of horses.
Discharged Soldiers (Wales)
16.
asked the Pensions Minister whether he is aware that, with the exception of the Wrexham garden village training centre, there is at present no technical training centre or orthopædic institution for special treatment available in North Wales; and whether he will consider the advisability of amalgamating the two Joint Statutory Committees of North and South Wales, so that the requirements of discharged soldiers in Wales may be dealt with by one Committee, who will have regard to the provision of training and treatment for the whole of Wales?
I have no power to amalgamate the two Joint Committees, which are voluntary associations of local committees formed under the Act of 1915, and I doubt whether any suggestion for such amalgamation would be acceptable to either body. The fact of this separate existence of the two sub-committees is not, however, a bar to the common use of institutions and training centres in Wales. The hospital at Llandridod Spa, which I am arranging should take 150 cases, will be available to the whole country, as is already Wrexham, for orthopædic treatment. The general arrangements for training include the transfer of a man from one area to another u here this is necessary.
Naval And Military Pensions And Grants
17.
asked the Pensions Minister whether the suggested alterations have now taken place at Chelsea; and whether one can now expect a reply to letters within a reasonable period?
The reorganisation of the Award to Soldiers Branch of the Ministry at Chelsea is progressing, under the direction of Sir Woodburn Kirby, as rapidly as can be expected, having regard to the immense and quickly increasing volume of work in the branch, which has to be carried out by a growing and inexperienced staff. The dealing with letters received at Chelsea from soldiers and their friends constitutes a large part of this work and retards rather than accelerates awards. If correspondents would make more use of the local committees, the accredited agents of the Ministry, it would give the branch at Chelsea better opportunities of discharging its primary function of awarding pensions.
Can the right hon. Gentleman say whether his intention to have Chelsea reorganised in Christmas week has fallen through? Can he say how soon now it will be reorganised; this is a very important matter?
It was intended to have closed a week at Christmas for the purpose of adopting the new filing system. Previous to that I secured the services of Sir Woodburn Kirby, who is one of the best organisers that we have in London. He has taken personal charge. We are having an addition made, so far as office accommodation is concerned. The last report I had from the gentleman in charge was that he believes that in March he will have the thing completed. At the present time everything has been very greatly expedited as the result of his care.
18.
asked the Pensions Minister whether he can state the number of pensions awarded up to 31st December, 1917, or other date, giving figures for life, temporary, widows, and dependants, respectively?
I will communicate with the hon. Member on the subject of this question.
Will the right hon. Gentleman not rather circulate his information in the OFFICIAL REPORT, so that everyone can see it?
In the course of a few weeks it will be necessary, under the Act of Parliament, that a complete Report should be made. Then, of course, full information will be given, not only as to the number of pensioners, but the amount of money spent by the Department; and I hope it will also contain a statement showing the system of treatment and training, and a variety of other matters which come under the control of the Department.
If the right hon. Gentleman is going to communicate with me, cannot he, at the same time, communicate with the rest of us by publishing the Reports?
The only object I had in saying what I did was to consult with the hon. Member as to what form this information should take.
Will the right hon. Gentleman not put other Members of the House who are interested in the pensions question—as the hon. Member for East Edinburgh has suggested—in possession of the facts and consult them also?
Absolutely!
20.
asked the Pensions Minister whether he can see his way to give widows with pensions the same privileges as are accorded by the local war pensions committees to the wives of serving soldiers?
I am in some doubt as to what "privileges" the hon. Member has in mind, but any inequality of treatment which now exists will, I think, be largely remedied by the amended Regulations of the Special Grants Committee, which will shortly be issued. Under 13 (a) of Part II. of the amended Regulations the sickness grant will be payable to a widow as well as to the wife of a serving soldier; and with regard to rent allowance, the new Regulation 1 (of Part I.) will, it is hoped, be found sufficiently liberal to meet the widow's needs. Under this Regulation, as amended, the supplementary allowance will be payable where, owing to exceptional circumstances, the pension seems to be inadequate, without the pensioner being under the necessity of pleading "serious hardship," and a further allowance of not exceeding 2s. 6d. a week may be granted in respect of each child previously supported by the deceased soldier.
I am very glad to hear that. Is, however, my right hon. Friend aware that when a widow has exhausted the twenty-six weeks' separation allowance she is no longer entitled to get the same grant as the wife of the serving soldier, either for herself or her children; and can he see his way to make these grants accessible to the widow and children who receives less in pension than the wife who receives more in separation allowance?
I understand that the alterations in the Regulations are designed for the purpose the hon. Member has in view.
47.
asked the Prime Minister why separation allowance is now to be paid to the children of officers up to the ages of eighteen and twenty-one, respectively, for male and female children, instead of fourteen, as in the case of the children of private soldiers, or whether it is proposed to extend the allowance in the latter case?
My right hon. Friend has asked me to answer this question. The decision of the War Cabinet follows the lines already adopted for allowances to children of deceased officers. The separation allowances of soldiers' children do not terminate at age fourteen, as stated, but at age sixteen in the normal case, and these allowances also ere extended to the age of twenty-one in eases of apprenticeship, continued higher education, or invalidity.
Is not my right hon. Friend confusing the allowance for diseased children and for live children? Is he aware that in the case of children of private soldiers the allowance ceases at the age of fourteen, and is only increased to sixteen and seventeen in very special cases and never extends to twenty-one even in the case of mentally afflicted children?
I think my hon. Friend is entirely wrong. I know it is very unusual in his case, but if he will refer to a very excellent pamphlet or guide-book by the hon. Member for East Edinburgh (Mr. Hogg:), he will be able to refresh his memory.
Is not my right hon. Friend aware that it is because I did refer to the guide-book, which he says is excellent, that I am putting this accurate information to him?
Perhaps my hon. Friend would ask the hon. Member for East Edinburgh to revise his publication.
What reason is there for allowing any difference between the ages of children of private soldiers and the ages of children of officers at which you Fay separation allowance? Is it not equally desirable that you should encourage the education and care of the children of private soldiers as of the children of officers?
Yes, Sir; and, as I have said, the separation allowance of private soldiers does not terminate at the age of fourteen but at the age of sixteen in normal cases, and is extended in cases of apprenticeship, continued higher education, or invalidity, to the age of twenty-one.
Will the right hon. Gentleman then kindly state what is the difference made in the case of children of private soldiers and in the case of children of officers?
Why should the wife of a serving soldier have to make application for a separation allowance beyond the age of fourteen in the interests of education or apprenticeship when it is not necessary in the case of an officer?
That raises another question.
I will write another edition.
Disoharged Disabled Men (Hospital Treatment)
21.
asked the Pensions Minister whether he has come to any agreement with the London civilian hospitals as to the terms and conditions on which discharged disabled men will be treated by these institutions; and, if so, whether he will have such terms published immediately?
Arrangements have now been made with both London and provincial hospitals, and the terms will be communicated to all Local War Pensions Committees forthwith.
22.
asked the Pensions Minister whether he is aware of the difficulty which is being experienced in London in obtaining in-patient treatment for discharged disabled men, which is largely due to the sudden withdrawal by the War Office of facilities for such treatment in military hospitals; whether he is aware that many beds in civil hospitals are occupied by soldiers; and whether he proposes to take steps to have these beds made available for discharged disabled men and to supplement the inadequate accommodation in London, having regard to the claims of ordinary civilians?
I am fully aware of the difficulties referred to, and have represented the matter to the War Office. In response to my representations it has been arranged that the War Office, recognising the prior claim of the Ministry to the accommodation in civil hospitals, will refrain from requisitioning further beds in those hospitals, and, further, will release the accommodations now occupied by them as rapidly as possible.
Does the right hon. Gentleman realise that the matter is a very urgent one, and that a considerable number of men are now waiting for treatment, some of them have only been discharged from military hospitals on the express understanding that they would receive further treatment from these hospitals, which is now denied them; will he also answer the last part of the question: "Whether he proposes to take steps to have these beds made available for discharged disabled men and to supplement the inadequate accommodation in London, having regard to the claims of ordinary civilians," and quite apart from the military beds?
I may say, in reply to the hon. Gentleman, that I have just instituted a Medical Department, presided over by a very eminent surgeon. They have the whole of the matter in hand. I am hopeful, under their expert advice, that the difficulties referred to will be rapidly swept away.
Is the right hon. Gentleman aware that more than 1,600 beds have, since the beginning of the War, been added to the accommodation of the voluntary hospitals in London in order to meet the case of the admission of military patients?
Reconstruction (Poor Law Unions)
23.
asked the Minister of Reconstruction whether he has received the resolutions dealing with the constitution of the Sub-committee which has been appointed to consider and report upon the steps to be taken to ensure the better co-ordination of public assistance in England and Wales and upon such other matters affecting the system of local' government as may from time to time be referred to it; arid whether he proposes. to remedy this defect by appointing representatives of the Association of Poor Law Unions in England and Wales upon this. Sub-committee?
I would refer my lion. Friend to the reply given to a similar question by the hon. Member for the Dartford Division on the 16th January, to which I have nothing to add, except to say that the Sub-committee has already reported.
Civil Engineer-In-Chief (Admiralty)
24.
asked the First Lord of the Admiralty whether Sir Alexander Gibb, K.B.E., C.B., R.E., who has been appointed Civil Engineer-in-Chief to the Board of Admiralty, belongs to the Institute of Engineers or any other technical institute of similar character; whether he is a director of the North-Eastern Railway Company; whether he is. a member of the firm of Easton, Gibb, Son, and Company, Government contractors; whether it will be within his. province to supervise the work of contractors; and whether he will retain his directorship of the North-Eastern Railway Company and a financial interest in Messrs. Easton, Gibb, Son, and Company?
Sir Alexander Gibb is a member of the Institution of Civil Engineers, as well as of other technical institutes and societies. He is not a director of the North-Eastern Railway Company, and has never had any connection with that railway except as a contractor, but he is a member of the firm of Easton, Gibb, and Son, Limited.
As Civil Engineer-in-Chief it will be within his province to supervise the work of contractors. As from the date when Sir Alexander Gibb entered upon his duties, his firm has discontinued its business as contractors for the period of the War. All existing contracts are cancelled as from that date, and Brigadier-General Sir Edward Raban, K.C.B., R.E. (late Director of Works at the Admiralty) has been appointed by agreement between the Admiralty and the firm to assess any outstanding accounts between them. The Admiralty are much indebted to Sir Alexander Gibb for the readiness with which he has set aside all his business interests in order to assist the Public Service.Have arrangements been made, or will they be made, to finish the work entrusted to Messrs. Easton, Gibb and Company?
Yes, as regards the main contract that practically is now completed. There are, however, a number of matters to clear up and values to adjust. They will be dealt with by the respective surveyors by agreement if possible, and, if not, referred to Sir Edward Raban for assessment. The firm has another contract upon which a considerable amount of work has yet to be done, and that will be cancelled and the firm paid off. We shall then either do the work ourselves or get it done by other contractors.
Enemy Submarines
26.
asked the First Lord of the Admiralty how enemy submarines can operate regularly in the Mersey whilst British submarines are unable to operate close in to enemy ports in the North Sea?
The Admiralty are not prepared to admit that British sub- marines are unable to operate close in to enemy ports in the North Sea. But it must be clear to my hon. Friend that the conditions obtaining in the vicinity of enemy ports are wholly different from those which obtain in the case of British ports. The absence of mercantile traffic from German ports in the North Sea renders practicable the use of extensive minefields by the enemy. On the other hand, the volume of mercantile traffic using British ports renders it necessary for the approaches to be kept clear of mines.
Does the right hon. Gentleman suggest that enemy submarines have not been inside the Mersey bar?
I cannot discuss that at all.
Greenock Torpedo Factory
27.
asked. the Secretary to the Admiralty if his attention has been drawn to advertisements inserted in English newspapers offering employment for women in the torpedo factory, Greenock; is he aware that there' are many women in Greenock awaiting employment; and, in view of the present housing conditions in Greenock, will he take steps to employ women resident in. Greenock and the neighbourhood?
My hon. and gallant Friend is under a misapprehension. No advertisements have been inserted in. English newspapers offering employment to women in the factory at Greenock. I may say, further, that in the course of the last three months, of the forty women who have been entered only two were last employed in England. One of these really belongs to the locality and applied from. her home, near Greenock. The other is the wife of a soldier whose father is, employed in the factory.
Will the right hon. Gentleman give an assurance that if further women are wanted for the factory, other things being equal, preference will be given to the women resident in Greenock?
Obviously that is most desirable.
Fiars Prices (Scotland)
28 and 29.
asked the Secretary for Scotland,(1) whether he is aware that one result of the recent level of flars prices in Scotland has been to reduce to about one-third of their previous annual amount certain funds providing for the teaching of Divinity subjects in the university of Edinburgh; whether he proposes to take any action in the matter; (2) whether any progress has been made towards legislation on an agreed basis on the subject of fiars prices in Scotland?
I am aware of the effect of the increase in fiars prices upon the income of the Divinity chairs referred to and upon landed property in general. The whole question is engaging my serious attention, in consultation with the interests concerned. I am not without hope that some agreement may be possible.
Will he say if the agreement which the right hon. Gentleman hopes to reach is one which will take effect merely temporarily, or has he in view a permanent settlement?
That is just one of the questions which will have to be discussed.
Military Service
Conscripted Men, Maidstone
39.
asked the Minister of National Service, whether 'he is aware that conscripted men are being sent to Maidstone for re-examination and being posted elsewhere, that they are there housed in the Agricultural Hall, an old cattle market, which is unheated and cold, and that, mattresses being insufficient, men are sleeping on the bare ground in this wintry weather; and whether he will immediately stop sending men to these conditions?
In one of the buildings used at Maidstone the heating arrangements were not satisfactory, but steps have already been taken to remedy this. Recently there was a temporary shortage of mattresses owing to the arrival of a large number of men, but the men were given six or more blankets instead. The battalion in question will be moved as soon as suitable accommodation can be found elsewhere.
Appeal Tribunals
40.
asked whether the officers who have hitherto acted as military representatives at Appeal Tribunals are still not notified as to whether they are to be retained by the Ministry of National Service; and, if they are to be retained, will they be in charge of a department for tribunal work or merely represent the Ministry at Appeal Tribunals?
A general Instruction was issued on 15th November containing the following paragraph:
These officials are at the present moment performing the duties of their offices. Returns and recommendations are being made by the Directors of National Service in the regions with a view to the definite settlement of the regional establishments. The matter of the organisation of tribunal work in the regions has not been finally determined. It is probable that no uniform system can be made to suit the requirements of all regions, which differ widely in character. It may, however, be stated that in general the work of the Appeal National Service Representatives will not be confined to representing the Ministry at Appeal Tribunals."The appointments of Military Representatives (who now become National Service Representatives) will remain in force as though they had been made by the Minister of National Service, unless or until they are in any case revoked or varied by the Minister of National Service."
Can the hon. Gentleman say whether that transference to the National Service Department includes those military representatives who are of military age and military fitness and who have never yet been out of the country?
Yes; it includes all military representatives, but the whole question is being considered.
Will any steps be taken to have their protection certificates withdrawn?
Our regional directors are advising on the whole of these questions.
Will that include men who have been simply engaged as recruiting officers in khaki?
They are not necessarily under the Ministry of National Service.
Protection Certificates (Government Departments)
41 and 43.
asked the Minister of National Service (1) if he can state the proportion of the one million or more administrative protection certificates issued, protecting their holders from military service, which have been issued by Government Departments to men in Government offices; (2) whether steps have been taken to cancel any of the administrative protection certificates, numbering over 1,000,000, and which are at present subject to cancellation by order of the Director-General of National Service; how many of these certificates have been cancelled during the past year; and how many men holding such certificates, it is estimated, could be at present obtained from Government offices and other protected vocations?
The administrative protection certificates to which my right hon. Friend referred in his speech on Monday, 14th January, are those issued under the Munitions Area Recruiting Scheme, and do not affect men of military age employed in Government offices, who are exempted under the provisions of Section 2, Subsection (2) of the Military Service Act, 1916. During the past year, under the M.A.R.O. Scheme, the number of men whose certificates have been withdrawn and who have been posted for service, is about 50,000.
Government Employes
51.
asked the Prime Minister whether, in view of the depressive effect upon the soldiers of favouritism or the exercise of undue privilege, he will take steps to clear all the Government offices in Whitehall of men of military age able to bear arms?
My right hon. Friend has asked me to reply. If the hon. Member suggests that men of military age are retained in Government Departments owing to favouritism or the exercise of undue privilege he is mistaken. As stated in the reply given on 31st December to the hon. Member for South Moneyhan the Civil Service has already supplied its full quota of men of military age and fitness for service with the Colours, and I am satisfied that many Departments are seriously handicapped for want of skilled staff, and that the course suggested by the hon. Member would be neither practicable nor in the public interest. The matter receives the constant attention of the Ministry of National Service, and no man is retained without the concurrence of this Department.
Has the Government considered not merely the military value of these men but the profound moral effect of encouraging embusqués in the Government offices?
Yes, but the Government have also to consider the profound moral effect of a break-down of the staff in all Government Departments.
Discharged Soldiers (Re-Examination)
56.
asked the Prime Minister whether, before the House goes into Committee on the Military Service Bill, he can announce the decision of the Government with regard to discharged men now subject to re-examination and recall under the Military Service (Review of Exceptions) Act; and whether it has been agreed that such men shall be given the alternative of engaging in work of national importance and, so long as they remain engaged in the same, shall not be subject to recall unless and until a national emergency warrants it?
My right hon. Friend has asked me to reply. The Government propose to make the following further concession with regard to men at present in civil life who have served in His Majesty's Forces and have been discharged in consequence of disablement or ill-health, and who are now, or who may become, subject to re-examination and recall for service under the Military Service (Review of Exceptions) Act, 1917. It is proposed that any such man who has served in the Forces and who is not for the time being engaged on work of national importance shall have an opportunity which it is proposed to fix as a standard at the period of one month, but for good cause shown in any individual case this will be extended, in which he may engage in work of national importance. The period would run from the coming into force of this arrangement in the case of men already discharged, and from the date of discharge in the case of men who may be discharged hereafter. The work of national importance would be in an industry contained in a list to be settled and revised from time to time, such as shipbuilding, iron ore mines, munitions, agriculture, public utility undertakings and the like. Each man himself must take steps to apply for employment, but every facility will be given through existing Government machinery to enable him to obtain such employment. Special arrangements are already in force to enable soldiers now being discharged to obtain civil employment. The arrangement will apply to men already engaged on work of national importance. These will on application be given a protection certificate to show that they are rightfully continuing in civil life. In order to secure the smooth working of these administrative arrangements, it is absolutely essential that all discharged sailors and soldiers should keep the local officials of the Ministry of National Service fully informed as to their whereabouts and the nature of their employment, and I venture to express the hope that all associations interested in their welfare will co-operate.
Arising out of this extremely important answer, is my right hon. Friend aware that men who are now in the condition which he has explained who have served overseas are entitled now to their final discharge without the answer he has given, and does his answer mean that all men who have been discharged disabled and who have not served overseas will, first of all, be given the alternative of work of national importance, and so long as they are engaged in that, according to the list he has explained, they will not be subject to re-examination?
Yes, that was what I intended my answer to be.
Are you quite clear about it?
Will the hon. Gentleman have the answer corrected in the OFFICIAL REPORT, because, as the answer at present stands, it is a limitation on the concession granted by the Under-Secretary of State for War in July last, when he conceded the point that all men who had served overseas would not be called up?
I think if my hon. Friend reads the answer—
I have read it.
Royal Field Artillery
76.
asked the Under-Secretary of State for War whether the late Bombardier, John Golding, No 77844, Royal Field Artillery, killed in action in France in August last, had been medically classified as C 3; and, if so, whether he will investigate the circumstances in which he was sent to France?
I am inquiring into this case, and will communicate with my hon. Friend as soon as possible.
Man-Power
Essential And Non-Essential Industries
42.
asked the Minister of National Service if he can state the proportion of the 450,000 men of military age which he proposes to obtain from each of the various essential industries, respectively, including the coal-mining, engineering, and iron and steel industries under the provisions of the Military Service Bill; whether any arrangements have been, or are about to be, completed with the employers and trade organisations for the release of a certain proportion of the men engaged in each of the industries referred to; and what methods will be adopted to secure the number of men required from each separate industrial district?
As large a proportion of the men required will be drawn from nonessential industries as is possible.
The number of men to be withdrawn from the various essential industries is determined in consultation with the Government Departments responsible for the maintenance of those industries, and, as my hon. Friend is aware, not only is the Ministry of National Service in close and constant touch with the representatives of employers and employed on all questions of recruiting, but the other Government Departments concerned are also in a similar position. It is not intended to withdraw all the men in one day, or one week, and as the withdrawals proceed, their effect on each industry is noted, and the rate of withdrawal is adjusted accordingly.Can the hon Gentleman, say whether, before the Military Service Bill is passed, the Government will be in a position to state the proportion generally which it is proposed should he withdrawn from each of the various essential industries?
I do not think that that is at all necessary. There is the closest cooperation between ourselves and these industries.
Is it not the case that figures have been suggested to the various trade unions concerned, and is the House of Commons not entitled to know what those proposals are?
I do not quite know to what the hon. Gentleman refers, but it would be most undesirable to bind people down to figures.
Perhaps the hon. Gentleman will answer the point I put to him. I am asking what proportion of men it is intended to withdraw from these particular industries, and surely the House is entitled to know what essential industries are to be affected, and what are the proposals which have been made to the trade unions concerned?
It is really pressing an unnecessary point. It has been fully explained to the industries and to the trade unions that industries will be combed out, the output of which admits of their being combed out, and most elaborate arrangements have been made for informing the trade unions as to the actual men and their ages and occupations.
Will the hon. Member give the House the arrangements made with the trade unions?
Cannot the hon. Gentleman say whether estimates have been made as to the proportion affecting the various industries, whether these estimates have been actually given to the various trade unions themselves, and whether the House is not to be put in possession of the figures given to the trade unions?
That really shows how undesirable it is to raise so elaborate a 'question in this way. There is a Third Reading Debate, when these things can be adequately dealt with.
I beg to give notice that I shall raise this question on the Third Reading.
44.
asked the Minister of National Service what steps he has taken to give effect to the policy laid down by him at the Aldwych Club on the 14th November, 1917, that in recruiting the State must first of all draw from the internal luxury trades and trades which are continuing to provide unnecessary and wasteful articles; and whether he proposes to utilise for the Army and for work of national importance the man-power at present still absorbed in the luxury and non-essential trades specifically referred to by him at the Aldwych Club and at Plymouth as great organisations which existed to encourage waste before withdrawing men from the essential war industries of the country
The policy of drawing men from the luxury trades is being steadily pursued, and since the speeches referred to in the question many thousands of men have been drawn from them for the Army. If the powers under Clause 2 of the Military Service Bill are obtained, many more will be recruited. Through the restriction of imports the supply of raw material to these trades is being cut down, and employés who in this way become surplus to the requirements of the industries are being found employment in work of national importance in large and steadily increasing numbers.
Is it intended to withdraw men of military age from nonessential trades before the essential trades are affected?
I have told my hon. Friend, in answer to question No. 42, that as large a proportion of the men required will be withdrawn from non-essential industries as is possible.
Could the hon. Gentleman tell us what, if any, conclusion has been arrived at as to what is a non-essential trade?
That raises a very wide point, which, I think again, is a matter for the Third Reading.
Cambrai
45.
asked the Prime Minister the nature of the inquiry in connection with the military operations at Cambrai, the composition of the Court, and whether its findings were reported direct to the War Cabinet or were subject to the revision of the Secretary of State for War or the Army Council?
I have nothing to add to the reply which I gave to the hon. Member for North-West Lanarkshire on the 15th of January, except to say that all the documents in connection with the inquiry were submitted to the War Cabinet. General Smuts, at their request, went through them, and his Report, which was approved by the Cabinet, was not subject to revision by Lord Derby or by any member of the Army Council. It therefore follows that the decision in connection with the publication of the results of this inquiry was taken by the War Cabinet, who are responsible for it.
Is the right hon. Gentleman aware that a very great deal of dissatisfaction is being expressed outside this House as to the withholding of the result of this inquiry from the public?
I am aware of that fact to a certain extent; but, as I stated in answer to a question previously, after carefully considering it, the War Cabinet have come to the conclusion that it is not in the public interest to give more information than has been given.
Will the dispatch from the Field-Marshal Commanding-in-Chief describing the events at Cambrai be published?
I have no doubt that it will, but that point has not been considered, and I cannot say.
Will the right hon. Gentleman take steps to prevent the truth being told by soldiers who return on leave from Cambrai?
If the hon. Gentleman is judging by representations similar to those which reach me, it is not always the truth which is being told.
I refer to statements by fellows who have been fighting.
Liquor Traffic (State Purchase)
46.
asked the Prime Minister whether the proposals for the State purchase of the liquor traffic will include the purchase of distilleries now engaged in the manufacture of intoxicating liquor for beverage purposes; whether it is proposed that after they have been purchased they should be used for the production of alcohol for industrial, surgical, and medical requirements; whether alcohol can be manufactured at Is. a gallon as compared with the present price of 3s. 6d. per gallon for petrol; and whether, in view of the saving of money which may be effected, he will introduce at an early date a measure for the State purchase which will include the taking over of all the distilleries in the country?
I am unable to make any statement at present.
Government Departments (Expenditure)
48.
asked the Prime Minister when the Committee of business men who are to inquire into the expenditure of Government Departments will be appointed; whether any new public building will be necessary for its accommodation; whether the members of this Committee are to receive any salaries; and what office staff is to be allowed for the work of the Committee?
The Committees set up by the Treasury in accordance with the recommendations of the Select Committee on National Expenditure have been appointed, and the names of the members and their terms of reference are being circulated to-day in reply to a question by the right hon. Member for the Cleveland Division. The answer to the second and third parts of the question is in the negative. It is not anticipated that any office staff will be required, beyond a secretary to each Committee.—[See Written Answers this day.]
Land Purchase (Ireland)
49 and 50.
asked the Prime Minister (1) whether, as a check on the land hunger in Ireland and the undue inflation of land values in that country, he will take steps to remove the block against the operations of the Estates Commissioners so as to enable them to take over land for distribution among those who are willing and eager to till the same; (2) whether his attention and that of the War Cabinet have been called to the inflation of the price of land in Ireland and the amount of letting rents of grass lands, in both cases often from five to ten times pre-war figures; and, having regard to natural requirements for food at reasonable prices, he and the War Cabinet have considered the advisability of restraining this inflation in the interests of economical food production
I have been asked to reply to these questions. The Department of Agriculture are taking steps with a view to increasing the food supply in Ireland during the coming year by increased tillage. Even if it were possible to take steps to enable the Estates Commissioners to distribute estates under the provisions of the Irish Land Acts, no arrangements could be made in time to increase the food supply this season. The Irish Government have no information as to the extent to which the price of land and the rent of grass land have risen since the beginning of the War, but there is little doubt that they have increased considerably, though probably not to the extent suggested in the question. I may remind the hon. Member that if powers were granted to control prices of land and rents in the hope of reducing prices of food-stuffs, this would involve the necessity of further control over the prices paid to farmers for their produce.
Is not the right hon. Gentleman aware from publications in the newspapers that the price of land in Ireland has gone up to the extent mentioned in the question; and does lie not think it is a matter of State policy that these lands should be sold at prices as will enable food to be produced at a reasonable rate? At the present prices in Ireland it is absolutely impossible to do that.
I have no control over prices fetched at auctions of Irish land, but I do not suppose a buyer pays more than he is likely to be remunerated.
Aerodromes (Employment Of Agricultural Labourers)
57.
asked the Prime Minister whether contractors employed in the erection of aerodromes in rural districts are taking men from agriculture to carry out their work; and whether, in view of the importance of increasing the food supply of the nation, he will take steps to prevent this
I am aware that this is a matter in regard to which some complaints have been received, and I am considering whether it is possible to take any further measures to meet them.
Will the Government take steps to prevent agricultural labourers being induced to leave their employment?
It is very difficult to secure that altogether. These cases do not occur under the direct employment of the Government but in the cases of contractors, and, it may be, sub-contractors. It is not altogether easy to stop it.
Australia (Conscription Referendum)
52.
asked the Prime Minister whether it has been brought to his notice that the no-majority in the vote on Conscription in Australia has been due in some measure to the treatment on the part of the Secretary of State for the Colonies of the sentiment of the Australian people with regard to the interference of a State governor in the politics of the country and also by the desire of the Secretary of State to introduce a system of imperial federation which is obnoxious to Australians and by the antidemocratic spirit which he manifests in all his pronouncements; and whether, in view of the magnitude of the loss of man-power which has followed from the pursuit of such policies, he will reorganise the Cabinet so that the affairs of the Dominions may not be dealt with at the Colonial Office?
On a point of Order. Before the question is answered, may I ask your ruling, Mr. Speaker, whether it. is not the case that the proper object of questions in this House is to elicit information on matters of fact; and, if that. be so, whether it would not be possible, before such questions are printed upon the Order Paper, to eliminate from them assumptions which impute improper motives to the Secretary of State?
The object of questions is to enable facts to be elicited, and also the views of the Government with regard to present and future policy. Some hon. Members make use of the Question Paper not so much to obtain the opinion of the Government as to ventilate their own. That is not in accord with the proper principle of questions, I think the object of the hon. Member's question is correct. There is no harm in its object, although it appears to have a good deal of embroidery about it which might be dispensed with. If we had had time on Friday before the House rose to correct the questions, I think there would have been some exercise of the pruning knife.
On a point of Order. May J ask, as the point has been raised on my questions, may I have an opportunity of offering a defence of my questions, or rather a vindication?
That is not a point of Order. If the hon. Member has any point of Order to raise, I shall be glad to hear it.
There is no embroidery in the answer. The answer is in the negative.
Is not this a case where a question is asked to obtain information of the very highest value, involving really the transference of nearly 500,000 men from one side to the other? Why are the Government authorities always like the Bourbons, who forget nothing and learn nothing?
There is too much embroidery in that question.
Western Front Operations
53.
asked the Prime Minister whether he will appoint a small Committee of competent men to review the main operations on the Western Front during the last year, with a view of ascertaining the nature of any cases in which the cost of men was out of proportion to the objects gained or the prospects of success; whether such a Committee, if appointed, will be given full powers of inquiry and be instructed to proceed to work without delay and eventually to recommend retirements irrespective of persons; and whether, in that case, the War Cabinet will proceed to give immediate effect to its findings?
The answer is in the negative.
What is the policy of the Government? Is it to win this War by the most effective methods or to protect the reputation of the great?
That -does not arise on this particular question.
Munitions
Mr Kupferberg
54.
asked the Prime Minister who was responsible for the appointment of Mr. Kupferberg as head of a shell factory in this country?
The factory to which I assume my hon. and gallant Friend refers belongs to a private company. The Ministry of Munitions did not appoint Mr. Kupferberg to any post. Criminal proceedings are pending against Mr. Kupferberg.
Franchise (Convicted Persons)
58.
asked the Chancellor of the Exchequer whether he will introduce legislation depriving persons convicted by Courts of Law upon criminal charges of defrauding the Exchequer of large sums of taxes of the right to vote at elections of all kinds, so that they may not enjoy privileges denied to conscientious objectors?
My right hon. Friend has asked me to reply to this question. The question of disfranchising persons convicted of misdemeanour was discussed in this House during the pas-age of the Representation of the People Bill, and has, I understand, been also discussed in another place. The Government cannot undertake to propose legislation on the subject.
Board Of Inland Revenue Staff
63.
asked the Secretary to the Treasury whether members of the staff of the Board of Inland Revenue who resigned at the beginning of the War in order to join the Colours, and who now come under the Order that at the end of the War they will be reinstated, will be restored without delay to the staff in respect of pay and thus be on the same footing as those who joined later with the approval of the Board?
Steps are being taken to deal with this question generally, and I hope to issue directions to Departments in the course of a few days.
New Zealand Soldiers (Conscientious Objectors)
73, 74, and 75.
asked the Under-Secretary of State for War (1) whether R. D. Gray, a New Zealand soldier, conscientious objector, recently taken to France, a member of a religious sect, the Testimony of Jesus, whose tenets forbid participation in war, has been returned to this country or is he still in France; (2) whether a New Zealand soldier named Private H. Patton, No. 53863, has recently been sentenced in France to twenty-eight days' field punishment No. 1 for refusing to parade; and whether Private H. Patton has disobeyed military orders in New Zealand, England, and France on the grounds that he has a conscientious objection to military service; (3) whether Alexander Baxter, William Little, Daniel Maguire, Garth C. Ballantyne, L. J. Kirwan, H. Patton, T. P. Harland, and Mark Briggs, New Zealand soldiers, conscientious objectors, were taken to France from Sling Camp, Salisbury, about three months ago; whether they have refused to obey military orders in New Zealand, England, and France on the grounds that they claimed to have a conscientious objection to military service; and will he give particulars of all sentences passed on any of these men while in France?
There are no records in the War Office of the men to whom my hon. Friend refers. I can add nothing on the subject generally to the answers already given on the 31st October to my hon. Friend the Member for West Leeds and to my hon. Friend himself on the 26th November.
Anti-Typhoid Vaccination
77.
asked the Under-Secretary of State for War whether, with a view to render anti-typhoid vaccination free from the usual temporary disturbances of health which reduce the efficiency of the soldier, he has studied the method introduced into the French Army following on the researches of Dr. Le Moignic, and which is known as lipo-vaccination; and whether, if not now actually employed in the British Army, this system will be adopted?
The method to which my hon. Friend refers is known to the British medical authorities, and is being investigated.
Time-Expired Soldiers
78.
asked the Under-Secretary of State for War, concerning men who are time-expired and have served overseas in combatant units since the War began, including service during the retreat from Mons and the first battle of Ypres, whether he will, or he will not, give them the option of transferring to Home service or to non-combatant units?
I regret that I can add nothing to the answer given to my hon. Friend on 22nd November.
79.
asked the Under-Secretary of State for War, concerning men who enlisted in the early days of the War and are now approaching fifty years of age, who, therefore, have not been classified into any medical category, whether he will allow them to claim on their own application to be examined by a medical board with a view to their being transferred to units more suitable to their physical condition?
I regret that I can add nothing to the answer given to my hon. Friend on December 19th.
Silver Badges
80.
asked the Under-Secretary of State for War if he will define what class or classes of soldiers receive the silver badge on discharge from the Army?
I will send my hon. Friend a copy of the relevant Army Order.
Soldiers In Hospital
81.
asked the Under-Secretary of State for War whether, in the case of a man who has been badly wounded and placed in a hospital at a distance beyond the means of his nearest relatives, he can see his way to issue, say, two return tickets per week at a nominal charge, not exceeding 5s., for bonâ fide visits of his near relatives, to be issued through the local war pensions committee or the chief constables in order to prevent abuse?
There is great difficulty in going beyond the existing concessions, but the transfer of soldiers to hospitals as near as is practicable to their homes is to be given still further consideration in the future.
Will the hon. Gentleman consider this question with a view to giving satisfaction to the wives and relatives of these poor men whom they cannot see?
Army Ordnance Department, Burs C Ough
83.
asked the Financial Secretary to the War Office whether he has acceded to the request of the Army ordnance employés at the Burscough Army Ordnance Department that their application for an increase in wages arid war bonus should be submitted to the Arbitration Committee for decision; whether he is aware that this Department are paying wages, including war wages, of £1 10s. per week as compared with £2 6s. per week paid by some private firms at Burscough for similar work; and what action he proposes to take?
This application has now been dealt with, and a temporary war increase of 5s. per week has been authorised with effect from the 1st December last. I am not aware of the £2 6s. rate to which the hon. Member refers, but, at the present hours of work, unskilled labourers in the War Department employ at Burscough will, as a rule, be earning about this amount per week.
Gunwharf And Hilsea Lines, Portsmouth (War Bonus)
84.
asked the Financial Secretary to the War Office why it took his Department six months to decide whether certain women engaged as sewing hands and temporarily employed as cooks at His Majesty's Gunwharf and Hilsea Lines, Portsmouth, were entitled to a war bonus of 2s. 6d. per week; and whether he has yet decided the date from which this award is to be granted?
The delay was due to a misunderstanding of the instructions originally given. Fresh instructions have now been issued on the subject. The bonus dates from 13th August, 1917.
Exchange Of Prisoners
62.
asked the hon. Member for Sheffield (Central Division) if he can state how many British prisoners of war have now reached Holland from Germany under The Hague agreement; what is the system pursued in choosing those who are to be sent; for how long the most recent batch had been prisoners; and how soon it is hoped that all officers and non-commissioned officers who have been prisoners for eighteen months and over will have reached Holland?
I am informed by the military authorities that up to the present 77 officers and 434 non-commissioned officers have reached Holland from Germany under The Hague agreement. The method of selection for transfer of these classes of prisoners is based upon priority of capture, irrespective of rank. The most recent of these transferred had been in captivity for over three years. In regard to the concluding part of the question, the military authorities are informed that there will be one more dispatch of prisoners in the present month, and five in February. If the transfers are continued on this scale, it is hoped that all of our officer and non-commissioned officer prisoners who have now been in captivity for eighteen months (and who are not eligible for repatriation and internment in Switzerland) will reach Holland in the course of the next few months. I would, however, remind my hon. and learned Friend that the realisation of this hope is dependent on the working of the agreement by the German authorities.
What is the number of British prisoners of war who will come under the agreement?
I am afraid I have not that in my mind. I must ask for notice.
Can a list be obtained of the men who arc being sent to Switzerland and Holland and to this country, because, so far, we have not been able to get it?
I will consult the War Office about it?
Are there any who have been interned at Ruhleben?
It includes only prisoners of war, and those interned at Ruhleben, far, who have not gone to Holland. Some have come straight home, but these figures refer only to combatants.
Is the selection of prisoners sent from Holland made by the German authorities or have we any voice in the matter at all?
The lists are in order of priority of capture. These lists, I understand, are checked in Holland by representatives on both sides.
Coal Mines (Ireland)
65.
asked the Chief Secretary whether, in view of the short supply and dearness of coal in Ireland, the Government will connect the Irish coal mines with the main lines to enable the utilisation of Irish coal so urgently required by the people?
A line of railway from Athy to Wolfhill is nearing completion, and I hope that the construction of a short railway extension to serve the Arigna mines may be found practicable.
Cold Storage Depots, Newry
67.
asked the Chief Secretary whether his attention has been called to the announcement that the Treasury has made a Grant of £750,000 for the provision of additional cold storage space; if he can state whether any portion of this Grant is to be expended in Ireland; and, if so, if he will take steps to see that the claims of the port of Newry as a suitable place for the erection of a cold storage depot will be considered?
I have been asked to reply. The answer to the first part of the question is in the affirmative; the answer to the second part is in the negative. If a suitable scheme for cold storage accommodation at Newry is put forward, the advisability of granting a loan for its erection will be considered.
Deputy Lieutenants (Property Qualifications)
55.
asked the Prime Minister how soon it is proposed to introduce the Bill to do away with the property qualifications of deputy lieutenants of counties?
At the earliest convenient opportunity.
Next Session?
After the War!
Electricity Production (Ireland)
64.
asked the Chief Secretary whether he can arrange that a survey may be made of the water power in Ireland to be applied to the production of electricity?
I dealt with this matter in an answer to the hon. Member for the Dublin a Harbour Division on the 1st November, to which I would refer the hon. Member. I would acid that the Board of Work; has at its disposal complete information as to the Irish waterways.
Is this a case where complete data are available to show whether the scheme is feasible?
There are complete data, no doubt.
Message From The Lords
That they have agreed to,—
Coal Mines Control Agreement (Confirmation) Bill, without Amendment.
Orders Of The Day
Business Of The House
I wish to ask the Chancellor of the Exchequer a question -about business—whether the Government intend to proceed with the Military Service Bill in the absence of Labour Members at Nottingham, and, in view of the unsettled conditions of certain trade unions, whether he will postpone the Committee stage?
The point of this question was brought to my notice last week and was considered by the Government, but, much as we regret the necessity:for the absence of some Labour Members, we do not think it possible to postpone the consideration of this Bill for a whole week. I would remind the House that the Christmas Recess was shortened precisely in order that this Bill might proceed without delay, and, as was pointed out on the Second Reading, its pressing urgency is the greatest justification for the Bill. I may add, also—for I do not wish the House to consider that the Government do not -desire to give every facility—that I understand the formal Conference only meets on Wednesday. We had intended to take the Committee stage to-morrow, but, in order, as we thought, to make it possible that some of the Labour representatives might be present, we put it down for to-day. In these circumstances, I feel sure the House will agree with me that the Government would not be justified in delaying:the proceedings.
Ordered, "That the Proceedings on the Military Service Bill, if under discussion at Eleven of the clock this night, be not interrupted under the Standing Order (Sittings of the House)."—[Mr. Bonar Law.]Military Service Bill
Considered in Committee.
[Mr. WHITLEY in the Chair.]
Clause 1—(Repeal Of S 3 (3) Of 5 And 6 Geo V, C 104)
Sub-section (3) of Section three of the Military Service Act, 1916, as amended by Section six of the Military Service Act 1916 (Session 2), is hereby repealed, and accordingly the Military Service Acts, 1916 and 1917, shall, as respects any man whose certificate of exemption for any reason ceases or has ceased (whether before or after the passing of this Act) to be in force, have effect as though the provisions repealed by this Section were not included in those Acts.
I beg to move to leave out the words "or has ceased (whether before or after the passing of this Act)."
I regret that the early hour at which the House adjourned on Friday precluded myself and other hon. Members from putting on the Notice Paper several Amendments, some of them of real importance, and we have handed in some manuscript Amendments. They do not cover many points, and I do not think it will be greatly to the inconvenience of the House if we deal with them as they arise. The object of the Amendment I propose is to do away with the retrospective character of the Clause. I think it is an Amendment which might very well be accepted by the right hon. Gentleman. It is not, however, so important as other Amendments which follow. We should be glad to know at this, the earliest opportunity, whether he is disposed to consider favourably any suggestions we have to make, and especially with regard to the very stringent powers which are being given in this Bill. This Bill in many ways makes the Director of National Service an absolute dictator over the lives and liberties of men, and I hope that he will indicate that he is willing to consider our Amendments in a very reasonable spirit.I can assure the Committee that I shall be only too pleased to consider any Amendment which has for its purpose making it more easy to obtain men for the Army within the very limited time during which it is necessary to obtain them. Such an Amendment as that which is now proposed means that we should have the continuation of two months' delay before any benefit is derived under this Clause. There are at the present time a considerable number of men whose continuance in civil life is deemed not to be in the national interests, because of the nature of their occupation, whose certificates of exemption have been cancelled and whose automatic extension of two months is now running. There does not appear to be any hardship on this military class of men that they should be treated in the same way as the overwhelming majority of their fellow citizens, particularly as the leaving certificate, which made a provision for this two months' automatic exemption, has ceased to be. The cause having gone, it does not appear necessary that there should be a consequential safeguard. Therefore, it seems to me most undesirable that this Amendment should be accepted.
Amendment negatived.
I beg to move, at the end of the Clause, to insert the words "but any man whose liability to military service arises under this Section shall have the right to appeal to a tribunal."
I am not quite sure whether this is not actually the intention according to the drafting of the Bill, but I think it ought to be made quite clear. It is quite obvious that cases may arise where a man has had exemption granted to him because he is a munition worker, and on that ground only. The Director of National Service is now entitled to take that exemption away and to send him into the Army, but, in the meantime, the man may have become the sole support of a father and a mother, or orphan children, say, a brother or a sister. The claim for exemption on those grounds may have arisen since he had his exemption granted on the ground of his occupation. His health may have broken down, or he may have had an accident, or he may have developed an internal disease, or other circumstances may have arisen. That man would undoubtedly have got exemption from the tribunal in the first case, apart from his employment. I want to know whether the man in this case will now have the right to appeal to the tribunal? I think these words are necessary, and I am sure that the case I have put forward will appeal to hon. Members as fair and straightforward. I trust that the right hon. Gentleman will agree that this is a perfectly reasonable and legitimate case.I had doubts about this Amendment, whether it is in any way necessary, but I thought the hon. Member was entitled to bring it before the Committee on the point of its legal interpretation.
This Amendment is not in any way necessary. It is already provided by Regulations made by Order in Council that any rights which the hon. Member wishes to secure when a certifi- cate of exemption is cancelled are secured without any Amendment of this nature.
4.0 P.M.
I would ask the right hon. Gentleman whether the statement just made does not require to be modified to this extent, that the opportunity of appearing before a tribunal will be limited to such grounds as conscientious objection and financial hardship, and that in respect of occupational grounds no opportunity will be afforded to any person whose certificate of exemption is cancelled to apply to a tribunal afterwards?
As the law now stands. a man has a right of appeal to tribunals. That. the right hon. Gentleman says, is. secured to him by' Order in Council. But it is also secured to him by Statute. What I understand from the right hon. Gentleman's speech is that in future the man will no longer have a right to a legal appeal to a tribunal, but will merely have a right of appeal under an Order in Council, which may be withdrawn at any moment without reference to this House. Is that the position or not? I would like the right hon. Gentleman to tell us how far the individual is secured in his right of appeal to a tribunal when this Bill passes into law?
It is unfortunate that the House should have arisen. at such a time on Friday as to prevent us patting down a series of Amendments which might have a considerable effect. One of the evil results of what has happened is that the Amendment of the hon. Member for North Somerset, which he has put in at the conclusion of Clause 1, seems to me to be better made in Clause 2, and I have got an Amendment down for the purpose of safeguarding: this very point. I have considered very carefully what would, be the effect, unless we are careful to preserve the men who are now having their certificates taken away, and are losing the protection which they have hitherto enjoyed, in relation to other heads of claim under which they might have had a right of appeal if no change had been made. In most of the cases the protection was afforded by Government Department certificates. A relatively small proportion will be those of occupational certificates of exemption from a tribunal. I do not know what the proportion will be, but I have no doubt that a very great preponderance of men will be got under this Bill, when it becomes an Act—many more than can possibly be the case by the cancellation of tribunal certificates granted on the grounds of occupation. That means that the men who have been so protected have still the right of appeal to the tribunal. The Order in Council to which my right hon. Friend referred is in general terms, and it prescribes that the application should be made in a definite time. Are we to regard that as the time from the withdrawal of the certificate? It might have been withdrawn, and they would have had two months. As I understand, the operation of this first Section is that this two months is reduced to fourteen days. Whether it is right that an Amendment should come in here, or in the first paragraph of Clause 2, it is necessary to avoid all misgivings and difficulties, which have arisen all over the country, owing to promises made in this House and outside by members of the Government and by indecisive action in this House, and a totally contrary interpretation by officials.
I think that we had better clear up this point. The hon. and learned Member has submitted an Amendment to Clause 2. I should tell the Committee that it is in order, and that I shall call it when we reach it. The purpose of the Amendment is to make clear on the face of the Bill that the cancelling of exemptions on occupational grounds does not take away from the person so affected his claim on other grounds. The question here is merely whether there is under Clause 1 any additional disability which requires a provision of that kind to be inserted now, and I think that if the point is cleared up perhaps the hon. Member for North Somerset would not press his Amendment, and that the matter would come up in its effective place on Clause 2.
I have not seen the Amendment of my lion. Friend, but I gather from what he says that it includes my point and more than my point, and therefore I am quite willing to withdraw my Amendment.
Before this Amendment is withdrawn I want to be quite clear. Is it the intention to allow to the individual a right of appeal on other grounds? Is the right hon. Gentleman going to secure this by Statute, or does he intend that we shall rely entirely upon the Order in Council, which may be revoked at any moment? If he intends to do it, why riot do it by Statute? Are the Government going to do this by legislation or leave it entirely to the Executive Government to do what they like under Order in Council?
It would facilitate matters if the Minister for National Service would make clear what is the position of the tribunals. It is not made clear in the Bill what is the position of the employer who wants to apply for some of his men. There might be a small employer, some of whose men are being removed, and he may think it necessary to retain these men in order properly to conduct his business. If he employs a man who had not any special certificate, he can go to the tribunal. It ought to be made clear, not only to the House, but to the whole country, if that right is still to continue.
As chairman of a local tribunal, I would like to put this point: A man has come before us on two grounds—one occupational and one personal. We have considered the two, and decided that the personal ground was not a strong one, but that the occupational ground was one on which we should give exemption. Therefore we refused on the personal ground. That man has no right to come before us again on that ground, but possibly circumstances have changed in the two years since we have refused him, and he can only come before us again on a new matter; but if he receives a calling-up paper from the recruiting officer, that debars us from hearing his case.
There is a subsequent Amendment which I have on Clause 2.
The right hon. Gentleman, perhaps, would explain what he meant by saying that the individual would be protected by an Order in Council?
I think that the point is quite clear. Clause 1 is dealing with the automatic extension of exemptions which was introduced to cover conditions in force in connection with the certificates. The result of Clause 1 is to cancel that automatic extension without modifying in any way the rights of the individual which are conferred by Statute, Section 3 of the Military Service Acts, 1916, where the rights are conferred upon the individual who is affected by such cancellation, and the matter of exercising those rights is at present defined by statutory Regulations made under the Act by Order in Council. That is the point about this particular Clause which we are considering at present, that there is no change whatever in the individual's rights at the end of his exemption. There is merely a change in the date on which that exemption ends. So there is no subtraction from the protection which the individual has on the:grounds of personal hardship, domestic reasons, conscientious objections, or anything of that sort. No right which he has on those grounds is subtracted from. It is merely in the automatic extension in the exemption which was afforded in order that we might have the period of six weeks which existed in connection with the leaving certificate. Therefore I cannot see that the point which has been raised really should come up in connection with this particular Clause, because there is no change whatever with regard to those points with which I understand the hon. Member for North Somerset is dealing.
Amendment negatived.
Clause ordered to stand part of the Bill.
Clause 2—(Power Of Director-General Of National Service To Withdraw Exemptions)
(1) The Director-General of National Service may at any time by Order withdraw any certificate of exemption from military service to which this Section applies as from such date, not being less than fourteen clays after the date of the Order, as may be specified in the Order, and as from that date any certificate to which the Order applies shall cease to be in force.
(2) This Section applies to any certificate of exemption from the provisions of the Military Service Acts, 1916 and 1917, whether granted before or after the passing of this Act, and whether granted by a tribunal or by or under the authority of a Government Department, where the certificate was granted on occupational grounds, and also applies to any certificate So granted on such grounds to a man who has voluntarily attested, notwithstanding that the certificate has not Statutory force.
(3) An Order under this Section may be made applicable either to individual certificates, or to certificates granted to any class or body of men specified in the Order (whether or not dependent on the obtain- ing by those men of individual certificates) and as respects any class or body of men may be made applicable only to men falling within such limits of age or fulfilling such other conditions as may be specified in the Order, and may contain such exceptions and supplemental provisions as the Director-General thinks fit.
An Order under this Section may be revoked, extended, or varied, by a further Order of the Director-General, as occasion requires.
(4) Where and so long as an Order under this Section is in force, then
(5) For the purposes of this Section a certificate shall be deemed to have been granted on occupational grounds which was granted wholly or partly on any of the grounds specified in paragraph ( a) of Sub-section (1) of Section two of the Military Service Act, 1916, or (in the case of voluntarily attested men) on any similar grounds or which in either case was granted by or under the authority of any Government Department; and if any question arises whether a certificate was granted on occupational grounds, the question shall be referred to the Director-General, whose decision thereon shall be final.
The hon. Member for Blackpool has just handed in an Amendment to leave out the words, "Director-General of National Service," in order to insert the words "Government Department." That would seem merely to leave the law as it stands.
No; the tribunals would come under that revision. If you would just allow me to move it I will make it clear.
All through this Clause we have the Director-General of National Service, who may do certain things.
The Bill suggests the Director-General of National Service. There is an alternative method which would substitute in every case the Government Department, which would deal even with the exemption granted by the tribunals.
Strictly speaking, I ought to have the consequential Amendments to the rest of the Clause. I will ask the hon. Member to move his Amendment.
I beg to move, in Sub-section (1), to leave out the words "Director-General of National Service," and to insert instead thereof the words "Government Department."
I have no wish to obstruct the passing of this Bill. The very last thing which I would wish to do is to prevent men being brought into our Army in this very grave national crisis. But I object strongly to giving one super-Government Department power to override all other Government Departments who may reasonably be expected to know much more about their own affairs than any newly-created institution such as that which has just migrated to a hotel in Victoria Street. We have seen the evil effects of allowing the Food Controller to override the Board of Agriculture in the matter of food. The food conditions in the country at the present moment are in a most unsatisfactory state. You have only got to open the newspapers to glean but a tithe of what is going on. As a matter of fact we know that very much more is going on than what appears in the newspapers. A most illuminating sentence appeared in an article in the "Times," with regard to the overriding of one Government Department by another, and the powers conferred upon the Food Controller. This is the sentence:What I object to is the raising of another Government Department, whose business will be entirely the get' ting of men, over the Board of Agriculture or the Ministry of Munitions, or other Government Departments. The very essence of the Department over which the right hon. Gentleman the Minister of National Service presides is to get men. That is his job, and I do not blame him for getting every man lie can. That is what he is there for. But we have to take a broad view of this matter. We must not think only of the getting of men, though that is a great and important matter, bat we must also equally think of other essential matters, the food of the people, the provision of munitions, and so forth. I should like a plain statement from the right hon. Gentleman as to whether some modification will be made in this respect, whereby there shall be some protection given to the man engaged in National Service, whether it be food production, coal production, or munitions production. I do not think that the right hon. Gentleman, through his regional officers, should have power to take anybody at any time just as he wishes. According to the proposal now before the Committee, what protection has the ordinary man who is now engaged in a mine, or in agriculture, against error'? Suppose, through an error, he is, called up under this Act by the National Service Department, what has he got to protect him? Previously, he possibly had a tribunal or the agricultural committee to which he could go for protection, but under this proposal he has absolutely no. protection at all."The blame, it is only fair to say, does not entirely lie with the Food Controller, for the Government are responsible for conferring upon him powers that enable him to deal as he chooses with the Department charged with the encouragement and direction of production. The initial error, therefore, has to be laid at the door of the Government in that they undervalued the importance of providing the articles that were to he controlled."
Does the hon. Gentleman suggest that the present arrangements under the agricultural committee are satisfactory?
For getting men or for getting food?
For protecting the men.
No; but in connection with recruiting we have heard of very numerous mistakes made by the recruiting officer, and I submit that the present proposal is worse still, because any little protection which is given at the present moment might be swept away. The hon. Gentleman's interruption therefore is really not to the point, my point being that I object absolutely to handing over the liberties of men to the uncontrolled activities of a single Government Department which is not concerned with any particular branch of industry in which those men are doing National Service. After all, in the case of agriculture, there is a Board of Agriculture. whose business it is to see after the men who are engaged in food production, and if an error is made a man can at any rate try to get to the particular Government Department which deals with his particular industry in which he is engaged. Under this Bill, unless a man gets into communication with his local Member of Parliament, there is not the slightest hope that he will have any redress of any injustice which may, even by inadvertence, be done to him. Perhaps through ignorance the wrong man might be called up, and yet there would be no possibility of redress. Supposing the recruiting officer came to my county of Hampshire and said that he must have 1,000 men from agriculture. Though it might be necessary that he should have that number of men, yet I most absolutely object to a single Government Department, that has no knowledge of agriculture and its needs, coming down and overriding the Board of Agriculture, who might say that the retention of the men was necessary. I do not say that the Amendment which I propose is the best solution which could be offered, but I have put it on the Paper to give effect to my very strong protest against handing over to a body of men, well-meaning and probably able, uncontrolled power to call up 450,000 men, and not allow the other Government Departments, or anybody else, to say with regard to food production, munitions, shipbuilding, or other industries the men proposed to be taken were necessary to carry those industries on. I ask the House of Commons to bring its mind to the point of whether there is not some other and better solution of what, I agree, is a difficult problem, than allowing the right hon. Gentleman to have this uncontrolled power.
I am not sure what Department the hon. Gentleman means.
Nor am I.
The proceedings would have to be under the Military Service Act.
The Minister would grant the certificates, but that would not be the effect of this Amendment. However, we will see about it.
I should like to remind the hon. and gallant Gentleman, who, I believe, does not want to obstruct the passage of this Bill, that his Amendment goes right to the root of the Bill. I have not had a talk with hint in regard to it, but I would point out that the object of the Bill is to avoid Government Departments being able to hide men. This measure gives power to the Minister of National Service to get the men, and I think the Amendment ought not to be considered by the Committee, because there is no doubt that it actually knocks out the whole principle of the Bill. I do hope my right hon. Friend will stick to his guns.
I think my hon. Friend (Colonel Ashley) perhaps does not quite understand what this Bill is for. We have had countless cases of men being exempted by Government Departments and in other ways, and this has led to enormous difficulty. It is quite impossible that any Government Department, whose interest lies in some sort of production, food, munitions, or whatever it may be, should have the power to investigate cases for exemption, for the result would be that if any of these Government Departments had the power to exempt, the work of exemption would be delegated. to quite subordinate officials. The whole object of the Cabinet in creating the National Service Department, and the whole object of this Bill, is to get the opinion of a body of men who have nothing else to do than study the manpower position. It is quite wrong of any hon. Member to think that the Ministry of National Service sits in its hotel in Victoria Street and that it has no consultation with any other Government Department. We are in the closest touch at all times with all Government Departments, and there is no Department of the Government which is in closer touch with other Government Departments than the Department over which I preside. The power which is proposed to be given to the Director-General of National Service will only be exercised after full consultation as to any step which is to be taken. But it is necessary that there should be some official in whose name the Order can be made for cancellation of exemption. It can only be issued by the Ministry of National Service, and it is a power in connection with recruiting that has been transferred from the Army Council to the Director-General of National Service and it therefore follows that the Director-General of National Service should be solely responsible for the issue of these orders. You cannot have half-a-dozen authorities issuing orders. The strings of control over man-power must be brought into one Department, which is that of the Ministry of National Service, working in close touch with other Government Departments. It is quite impossible to accept the Amendment put forward.
What step is a man to take who is called up? Is he to get no redress at all, no security?
I think the Amendment of my hon. Friend goes a little too far. So far as I remember, when we discussed the original Bill there was considerable objection taken by some of us to the power then granted to Departments of exempting certain people, and this Amendment rather looks as if we were going to take a retrograde step and go back to that part of the Bill which was certainly not right. On the other hand. I think something ought to be done, though perhaps not in this particular direction. My recollection of the original Bill is that some of us, certainly I, myself, proposed that the exemption should be settled by this House; that everybody should be taken except certain people that it was not then possible to settle by this House. I myself am a great believer in Parliament, and with all due deference to the right hon. Gentleman I do not care that anybody should sit in an hotel, or wherever it is, and act as dictator over the whole country, without any appeal, and to do just whatever he likes, and nobody dare say a word. I do not call that democracy, or at any rate it is not the right kind of democracy. I would suggest that there are one or two claims which ought to be considered by taking away some of the power of the right hon. Gentleman to get men. That of Agriculture is one, but I do not discuss that now, as I have an Amendment upon the Paper, and if I discussed it now I might be prevented from doing so later. I think the direction in which we should go is to make exemption in the case of one or two trades, and that Parliament should particularise those trades of which I am sure agriculture is one.
I sympathise with the hon. Member for Blackpool (Colonel Ashley) in his desire to limit the power conferred on the Minister of National Service by this Bill. As it stands we are giving a blank cheque to that Minister to do as he pleases with the man-power of this country irrespective of the wishes of any Department or of the wishes of the tribunals, which in many cases have acted quite fairly in the national interests in this matter. We have no knowledge of the principles on which he is going to act. I doubt whether the present Amendment can be accepted. I agree with the right hon. Baronet the Member for the City (Sir F. Banbury), whom we welcome as a champion of democracy, that the original Bill was probably faulty on this matter, and that some of the Members who opposed the attitude of the Government at that time were well advised. At the same time I think we should have some provision safeguarding our rights over the principles on which these powers are to be exercised. I have handed in an Amendment in which I suggest that the Regulations should be laid before Parliament.
I think that the Amendment proposed is one which the Committee could not consider for a moment. We must realise that, after all,. the War Cabinet are governing the country, and the House of Commons interferes with the War Cabinet very little. If there is any section of the community, such as agricultural workers, who are really more important at their work than in the Army, then the War Cabinet under pressure from this House would exempt. those men. To shipbuilders exactly the same thing applies. If those men are more necessary, in order to win the War, engaged in the building of ships, then the War Cabinet would exempt them, and the Minister of National Service is merely acting as the mouthpiece of the War Cabinet in calling up all men whether for shipbuilding or agriculture or for the Army. He has got to distribute the whole man-power. In my short experience in the National Service Department I thought that what that Department wanted was exactly what this Bill gives it, a little more strength, a little more power, a little more possibility of being able to dictate, subject to the War Cabinet's ruling on general principles, as to whether the men were required. I do hope that the Amendment will be withdrawn. I am sure my hon. and gallont Friend who proposed it is as keen as I am to see that the whole matter is put on a sound business basis as it can be. This Bill gives to one Government Department the authority to say to other Government Departments, after studying the whole aspect of affairs, "We think you have got men who could be better employed elsewhere, and we propose to take them away from you." If the Ministry said that to the War Office, in which the hon. and gallant Gentleman is specially interested, I have no doubt the War Office would be able to approach the War Cabinet and to say, "We cannot spare these men whom the National Service Department are trying to take away from us," and the War Cabinet would then give a ruling. It is the tribunal in large sections of that sort.
I do not agree with the Amendment that has been moved, although I think I understand what the hon. and gallant Gentleman desires to arrive at. Personally I sympathise with the view already expressed that the one thing we do not desire in this Bill is to give the Departments power of exemption. Those who have had experience during the past few years of some Departments, have never left them without feeling that the comb should be rather thoroughly put through them. What I take it that the hon. Member desires is that there should be some power between the arbitrary dictum of the Director of National Service and the general public in exceptional cases. I have had knowledge of a very exceptional case from a technical institute, and I do not know at present how those concerned would be able to put their case before anybody. It is the case of a man who has been engaged in instructing munition workers. Despite several advertisements, they have been unable to get anyone to fill his place with the necessary technical knowledge and skill. You would lose more than you would gain by taking that one man into the Army. I fully agree with the spirit of this Bill in getting in the men that ought to be got into the Army. We are all making sacrifices amongst our own relatives, and we are all aware of the young men who have been shielded from being put into the Army, as they ought to have been put. I would ask the Government seriously to consider whether they could not give us some means whereby in exceptional cases where it could be demonstrated that for the good of the community it would be ill advised to take exceptional men, some opportunity would be given of putting the case before the Director-General of National Service.
I do not wish to stop the progress of the Bill, but this shows the disadvantage of not having Amendments on the Paper. I would ask leave to withdraw my Amendment, so that the hon. Member for North-West Lanarkshire (Mr. Pringle) may be able to move his.
Amendment, by leave, withdrawn.
I beg to move, in Subsection (1), after the word "may" ["may at any time"], to insert the words, "in accordance with Regulations previously laid before Parliament."
The effect of this would be to place a small and limited restriction upon the arbitrary powers which this Clause confers on the Director of National Service. I think that the hon. Member for Blackpool (Colonel Ashley) made out a strong case against constituting the head of any Department as dictator in any sphere of administration or in any sphere of national life. The illustration which he has given from the extraordinary situation which we have now reached in regard to food, should put the House on its guard against allowing similar dictatorial powers to be used by the head of any other Department. It may be true that Government Departments in the past have abused their powers and that subordinate officials in those Departments have been enabled to obtain exemption for people in whom they were interested, but that is no sound reason for conferring similar power and giving a monopoly of it to another Department, where you may equally find subordinate officials exercising their powers by the same methods of favouritism. I quite agree that this Amendment does not cover the v hole ground, but I believe it is of great importance that the Regulations should be laid before Parliament, so that Parliament will be informed of the principles on which the Minister acts. I disagree with the hon. and learned Gentleman opposite who said that this was really a matter fur the War Cabinet. I think our experience of the working of the War Cabinet, more particularly in relation to the taking of decisions on this subject, ought to prevent us from giving any such power to that body. We know already that the greater part of the muddle on man-power has been due to the incapacity of the War Cabinet to take decisions. Why did the old Department of National Service fall? It failed because the War Cabinet was unable to take decisions to give that Department power.It is giving it now.
The hon. and gallant Gentleman says, "Let us refer the matter still to the War Cabinet," which blundered so badly in the past. It is perfectly true that this Bill in terms gives it to the Director of National Service, but if a Department feels aggrieved it will send the question to the War Cabinet, a body which has not been too prompt in its decisions in the past. Everybody knows the history of the working of the War Cabinet in regard to shipbuilding. Shipbuilders have made demands for more men six months ago, but no definite answer has yet been given. I say that it is time that Parliament should deal with this matter, and I do not believe that this proposal in the Bill is a sufficient assertion of the power of Parliament. I believe that if the House of Commons sets its mind to these matters it is in a better position to lay down principles for the Minister of National Service than any Government Department or any War Cabinet. The present War Cabinet is not a good body to decide matters of this kind. The old Cabinet was, because on the old Cabinet were the representatives of the various Departments, and Ministers were in a position to state their point of view and to argue it. The system under the present War Cabinet is that heads of Departments come up like clerks before them and make reports to them, and then this body of supermen come to a decision without proper argument or statement of the case. That is a bad system, and has been proved to be so in working. Therefore, I think that the new Director of National Service should be called upon to lay down the principles on which he proposes to act in Regulations to be laid before Parliament.
The Director of National Service has had many interviews with trade unions and labour organisations; he has told those organisations the principles on which he is going to act, and facts and figures have been given to those deputations which have been denied afterwards to Parliament. My hon. Friend the Member for East Edinburgh (Mr. Hogge) endeavoured on the Second Reading to obtain from the Prime Minister the facts which were given to the trade unions, but the Prime Minister rode off with a piece of camouflage which delighted an after-dinner audience here. The House of Commons should insist that it is not going to be treated in that way. What I ask now is not those figures, but a statement of the principles on which the Minister is going to act, similar to what he has given to the trade unions, because, after all, the responsibility for this measure does not rest on the trade unions. The responsibility for this measure rests upon the House of Commons—upon the two Houses of Parliament. If the House of Commons is to be worse informed than the trade unions, and if the House of Commons is going to submit to that, then the sooner it gives up its job the better. The object of this Amendment is to secure that whenever the Director of National Service puts into operation the powers conferred by this Clause he shall lay the Regulations on which he is going to act on the Table of both Houses of Parliament, so that Parliament will be able to examine those principles.The point very properly raised by my hon. and learned Friend is one of great importance. I think we are entitled to have from the Government, now and in this Committee stage, clearly and distinctly their intentions as to the methods they propose to adopt in carrying out the provisions of this Bill. As has been pointed out, Parliament itself gives them absolute power to deal with any exemptions granted, either by tribunals or by Government Departments, on occupational grounds, and I should like to point out to hon. Members that if they read through this Bill they will find that under its terms the Director-General of National Service is to exercise his power with the most absolute discretion. For example, after fourteen days, the Order, whatever form it may take, will have effect without any possibility of appeal. It will affect individual certificates as well as class certificates, and any provisions that may be inserted with regard to the body to be called up. The conditions upon which the Order is to take effect may be revoked, extended, or varied, and such further Orders may be issued by the Director-General as may be required. He is made the authority even to construe the Act of Parliament in regard to occupational grounds. I hope the Lord Advocate will note that, and that he will agree that that matter would be more properly dealt with by a Court than by the Director-General, as it might raise very important questions of construction.
My object is not to delay or defeat the purposes of this Bill, as I think it is a thoroughly necessary Bill under the circumstances, but I should like very much indeed, in supporting this Amendment, to ask the right hon. Gentleman to take the House of Commons into his confidence in exactly the same way as the Prime Minister has taken the trade unions and the labour organisations into his confidence. The right hon. Gentleman, in his speech on the First Reading of the Bill, informed this House that conferences would be held with and explanations given in considerable detail to the trade unions as to the precise way in which the Government. proposals will affect each industry, and lie added that he had received from the representatives of the trade unions material assistance on many points of detail. I can assure him he will also receive assistance from Members of the House of Commons, who represent large industrial constituencies, if he will extend to them the same frankness. Speaking as I do as the representative of a large industrial constituency, which has selected me to watch its interests here, I am quite as much entitled to know what are the conditions under which industrial workers are to be combed out from the various industries as are the representatives of the trades unions. It is not fair to the House and to the Committee not to give us the fullest information now as to what the intentions of the Government are. Let me suggest one or two points which really do concern us. We are told by the right hon. Gentleman that he is going to deal with the essential industries under this Bill. But I gather from speeches he has made elsewhere that his personal idea has always been to deal with the non-essential industries until the last man has been obtained. If I remember rightly, at the Aldwych Club the right hon. Gentleman said it seemed to him that his first duty was thus to deal with the non-essential industries.And I said so again to-day, in answer to a question.
We are handing over to the Director-General of National Service absolute power to deal with all trades, including the essential trades, and we want to know definitely what are the non-essential trades he has been talking about.
I am afraid we must not enter into a discussion on administrative points. The object of the Amendments is to lay it down that the proposed powers shall only be exercised under a scheme previously laid before Parliament. The point raised by the hon. Member is one for the Second Reading or Third Reading stage, but it is not proper in Committee.
Am I not entitled, under the Amendment, to ask that the Director-General of National Service shall indicate the methods to be adopted? Am I not entitled to ask him whether the methods to be adopted and the Regulations to be issued are to refer to particular trades, and, if so, which trades?
Not to which trades. Surely that would be an administrative question. The hon. Member is entitled to ask whether these powers will be in accordance with any scheme or design, or whether they will be exercised by haphazard, and that I take it is the object of the present Amendment. That object is to ensure that the powers shall be exercised in accordance with some scheme within the knowledge of Parliament.
May I point out that in Sub-section (3) Section 2 reference is made to Orders which may be granted with respect to any class or body of men occupied in particular industries. If that be so may Regulations not be required to apply to particular industries? There is the typical instance of a Government Department which may have granted a number of exemptions to men engaged in mining or some other essential industry, and therefore these Regulations would be required for that particular industry or class.
That would not arise out of the particular Regulations. The hon. Member's point it appears to me is a purely administrative one. He is dealing now simply with executive power.
I will endeavour to keep my remarks to the point you have indicated, but I should like to appeal to the right hon. Gentleman to give us now a full and frank statement as to the industries he has in his mind, and as to the proportion which he desires to obtain from them so that we each and all of us in this House who represent industrial districts may be in a position to understand what the situation is in our own constituencies from which we have many appeals and communications in regard to this particular Bill. We hold that we should not be left in the dark as to the intentions of the Government. There is another point of equal importance and that is the position of the tribunals under this Bill. As it stands the Bill gives absolute power to the Director-General and to his officials to withdraw certificates of exemption granted by tribunals on occupational grounds. It is provided that—
"No application shall be entertained for the grant of a certificate and no certificate shall be granted where the certificate, if it had been operative at the time at which the Order was made. would have come within the terms of the order." And later on it is further provided that— "No application shall be made by or in respect of a man whose certificate comes within the terms of the Order for the renewal of the certificate except on grounds which are not occupational or for the grant of any certificate on occupational grounds."These are, I think, all of them subject matters of subsequent Amendments. The hon. Member really must not try to review the whole Clause on the present Amendment.
I have no desire whatever to prolong the Debate on this particular Amendment. I take it that such Regulations as may be issued will certainly have reference to the position of the tribunals; otherwise I do not see how it can be made perfectly clear what the position of the tribunals will be at a later period. The intention of my hon. and learned Friend in moving his Amendment was to draw attention to the position of the tribunals as well as to the position of the Government Departments under the Regulations which may be issued—
I was going to raise that later.
:I do not want to prolong the Debate on this point, but I do ask the right hon. Gentleman to accept the view which has been submitted to him, and to state to the Committee on the present Amendment in perfectly clear terms what his intentions are. Otherwise it may be necessary for the House to limit the Bill in many particulars for the future. Personally, I shall feel it necessary to support the Amendment unless we do get some statement from the right hon. Gentleman now which will indicate the extent to which the powers which he proposes to take are to be exercised, and the extent to which he is going to override both the tribunals and the other Government Departments.
The Amendment of my hon. and learned Friend proposes that the absolute power which this Bill intends to entrust to the Director of National Service should be in some degree limited, and that that power shall be exercised subject to obligations and regulations to be laid before Parliament. I submit to you, Sir, that in a sense this does raise the whole question of the powers proposed to be conferred under this Clause, and it is rather difficult to discuss it except from that point of view. While, of course, avoiding any detailed consideration of particular points, or asking for any statement of administrative detail, I venture to submit it will be necessary for the Committee, if it is to decide whether or not Regulations shall be required to be laid on the Table of the House as to the method of exercising these powers, to examine what is the nature of the power itself, and whether it is safe in the interests, say, of a single individual or of a class to pass this Clause, which would vest unqualified authority in the Director-General of National Service, sitting without any advisory council and enabling him, on his own fiat, to declare precisely what men are to be called up from the various trades and occupations of the country. The tribunals are no longer to have a voice in the matter so far as occupational exemptions are concerned. Take the case of a great industry such as the mining industry.
When I had the honour to be at the Home Office we had to deal with the exemption of miners, and we set up Colliery Courts all over the country to decide whether exemptions should be allowed to this man or that. These Colliery Courts were composed of representative mine-owners and of the men and were presided over by inspectors under the Home Office. As I understand it, they are now to be put on one side from the occupational aspect of the matter, and the right hon. Gentleman, sitting in a room, is to have sole despotic authority over all these men. I doubt whether any Legislature in any country at any time has ever placed in the hands of one man such unlimited authority over the lives and fortunes of millions of his fellow subjects. The Bill deals with two classes of exemptions which are now granted on grounds of occupation—those granted by Government Departments and those by tribunals. With regard to the Department, there, indeed, we are really replacing, so far as the ultimate authority is concerned, one Minister by another. But with respect to the tribunals, a question of principle arises. I had a part in the conduct of the first Military Service Bill through this House. We then set up all over the country a system of tribunals which we hoped—and I think our hopes have been verified—would really represent in these matters the common sense of the whole nation.No, no
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Well, I think they do. No doubt mistakes have been made here and there, but the tribunals have immensely simplified and eased the working of the system of compulsory military service. If from the beginning we had attempted to centralise all this machinery in the hands of the Executive of the day, or if we had left it really to the military authorities, I feel quite certain you would not have had the comparatively smooth working of this great new experiment in this country which you have had as a result of the work of administration being largely in the hands of men appointed in the localities and well known to the people of those localities in which they are operating. I think the Committee would desire to know what is to be the relation of the new system to the tribunal system. I do not think that either on the First Reading or on the Second Reading, so far as I remember, anything was said in criticism or in deprecation of the work of the tribunals, but the whole decision, as I gather, of questions of occupational exemption are now to be taken out of the hands of tribunals and vested in the hands of the National Service Department. That may be right or wrong, but if that is what is really intended I think we should have some reasons given to us for it. I should like further to ask whether it is intended that the National Service Department shall deal with the principle of large classes of case? I will put it in this way: Is it intended that it shall deal with the case of any class, or are there to be appeals or references to the National Service Department also of individual cases? The wording of the Bill would, as I take it, allow either. Is it intended, for example, that the National Service Department should simply make Regulations and say that in such-and-such a trade all men under the age of twenty-three or twenty-four shall no longer be exempted; that all certificates of exemption shall be cancelled; or is it intended to go further and say, "We, the National Service Department, will consider on their merits cases of particular individuals in particular trades"? For example, with regard to the luxury trades, is it intended that there shall come up, case by case, to the National Service Department particular instances for their decision? If a tribunal in a town says, "We have here four men engaged in the trade of butcher. It is necessary to have soma butchers in the town, and we must have two. We will release two," and they give exemption to two men of military age and refuse exemption to the other two men of military age—that kind of case is coming up thousands of times over in all towns throughout the country—is it intended under this Bill that these exemptions should still stand, and that individual discrimination should still remain vested in the tribunal, or that an appeal should lie not only from the local tribunal to the Appeal Tribunal, but afterwards from the Appeal Tribunal to the Ministry of National Service?
That is rather an important point, because under the Bill it is within the power of the Ministry to cancel any exemption or to overrule any tribunal on any individual case of the kind. If there is an appeal to lie for the first time to the National Service Department, is the appeal to lie on both sides? That is to say, are the military authorities alone to be allowed to make the appeal, or is the person also to be allowed to make an appeal for exemption to the National Service Department? Further, I think the Committee will be glad to have such information as the Government can give as to the general conception they have of the Working of this Act. To what sorts of trades in general—I do not ask for detailed particulars, because that, of course, is a matter for administration—do they intend to apply it? Do they intend to fix age limits in particular trades? Are those age limits to vary with the various trades? I think either we ought to have a statement, as full as the Rules of Order will allow to be made, to-day, or some opportunity on some occasion of considering the whole matter with fuller particulars than we have certainly yet had laid before us. I would also venture to throw out this last suggestion for the consideration of the Government—I do not press it, but simply suggest it for their deliberation: Whatever powers are exercised, are they not too large to be vested in any individual, and would it not be to the advantage both of the National Service Department and also to the advantage of the country as a whole if something in the nature of an Advisory Council were established to co-operate with the Minister, consisting wholly or partly of Members of this House, who should consider one by one the proposals the Minister intends to put into operation, and to bring additional minds to bear on this large and profoundly important question, representing so large a proportion of His Majesty's subjects?I am afraid the right hon. Gentleman (Mr. Samuel) must not expect me to answer by any manner of means all the questions which he has very properly addressed to this side of the House. The reason is that some of them go far beyond questions with which anybody could deal except the Minister in charge of the Bill. I was myself about to rise with regard to the Amendment before us, and, although I have not much to say about it, I shall try in saying what I have to say to answer those of the questions the right hon. Gentleman has addressed to us which seem to fall properly within my own sphere or my own Department. The Committee will remember that the present proposal is founded upon the conferring on the Director-General of the power to revoke certificates of exemption. What is proposed is not to take that power away. What is proposed is to say that that power should be exercised in accordance with Regulations previously laid before Parliament. Will the Committee be so good as to apply their attention for a few moments to the question of whether that is really a practicable proposal. Frankly, I do not myself think it is. I quite understand the purpose which inspires the proposal. It really is the same, I think, as that which underlay at least a part of the remarks of the right hon. Gentleman a few moments ago—it is a feeling of much alarm at the concentration in the hands of one Director of powers so extensive as those of the revision of all certificates of exemption granted by Departments or by tribunals on occupational grounds. I quite follow the feeling as regards that, that it is a very large power to concentrate in the hands of one man, but the only question we can determine on this Amendment is whether this power should be qualified by some attempt or other to define beforehand by Regulation how it is to be used. I doubt very much if that is at all possible. The right hon. Gentleman has asked a number of questions bearing to some extent on the problem. He asked, "How would you exercise it?" He asked, "Is it intended to give power to deal with the individual circumstances of a particular individual, or is it only meant to deal with the more general considerations of occupation?" which, of course, may directly affect a particular individual or a number of individuals, but still the purview of which does not look to the particular circumstances of the individual, but to the general circumstances of the occupation which procured him exemption. I think I may at once and without any hesitation return to that general question this general answer. The power is intended to be exercised in the purview only of occupational considerations. It is not intended to be a power to deal with the peculiar position of a particular individual. The order is intended to be an order to deal with wider circumstances than those altogether, namely, those affecting particular occupations. You do not require Regulations on that, for that is what the Bill says. The Bill says that this is to apply to certificates of exemption where the certificate was granted on occupational grounds, and also applies to a certificate so granted on such grounds. It is quite clear, therefore, that the purpose is to deal with what I might call occupational considerations.
Would the right hon. Gentleman read the first part of Sub-section (3) of Clause 2?
Yes, that is quite right. I did not intend to leave that out. It is perfectly true that considerations which have occupational grounds in view may affect particular individuals or they may affect, if you like, the whole class of individuals who are engaged in the particular occupation.
They might be peculiar to the individual.
I think not. I think the point is that the considerations must be peculiar to the occupation, but I agree that the considerations might, of course, be such, and the circumstances of the occupation might be such, that the Order could not apply to all persons occupied in the same way, in the same place, and at all times. In that sense, no doubt, it affects the individual as well as the class of persons engaged in the occupation. I am afraid that is inevitable, but I believe I have stated correctly—at any rate, I have done my best to do so—what the Bill does. The right hon. Gentleman will not misunderstand me when I frankly make him the concession that if you deal with the question of man-power within the purview of what is to be done with regard to the various occupations it is true that the Orders cannot always apply to all those who come under the same occupation, in all places, and at any one time. It is quite clear, therefore, that what is called the right to revise any individual certificate is, of course, to be in the Bill. Again, may I deal with another matter put to me by the right hon. Gentleman? He asked, "Is it the intention that there should be an appeal from the Central Tribunal to the Director-General of National Service?" I do not see any trace of that in the Bill, and, so far as I am aware, there is no idea of an appeal at all. There could hardly be one, when the question is not one dependent on the particular circumstances of the individual, but on the particular circumstances of his occupation. In short, the Director-General can only deal with the occupation as a whole, although it is quite true that he must be able to deal with the occupation as a whole everywhere and may have to consider local circumstances as well. With this explanation made, I do not want to detain the Committee much longer, but may I not very fairly ask what kind of Regulations could we imagine to be framed? How could any form of Regulation provide rules for the exercise of this administrative power? How could we foresee circumstances, and how could we foretell the sort of conditions in which the power might have to be exercised? The truth is that the power is a very large power, but I am afraid it is a power which would be useless if one were to attempt to say beforehand that it could only be exercised in such-and-such a way with regard to these various occupations. In short, if any proposal were to be made to limit the exercise of this discretion, I think it would require to be done in some other way—because I do not think this is a practical way—than by a power to define beforehand by Regulation how or exactly what the Minister was to do. While one fully appreciates, therefore, the reflection which leads to proposals of this kind, I do not think that the one before the Committee would be practicable or would be one which we could adopt.
What alternative does the right hon. Gentleman suggest?
That is quite a fair question to put across the Table, and I think I ought to say at once that in my view a power of this kind, for the reasons I have giver, could not be exercised except by the responsible Minister and his Department. I do not see any other plan. The right hon. Gentleman will remember that the grant of these certificates so far by Departments has only been done with the advice of the Army Council. In fact, the Army Council was supreme. The way in which it worked was this: If a Department wished to exempt certain people, it asked the Army Council to do so. The Army Council were absolutely the masters of whether it should be done or not. I do not think anyone has complained of that. The problem now is to entrust to someone the power of withdrawing those exemptions I suppose if you had not a Minister of National Service, probably the Army Council who granted these exemptions would have the power to withdraw them. Now that the Minister of National Service has come in, I think that the Minister of National Service must in like manner exercise the power of the Army Council now that he takes the place of the Army Council. The only question, therefore, the Committee has to consider now is, Is it a practical proposal to attach to the power to be exercised that this shall be somehow or other conditional or limited by a set of Regulations to be approved by Parliament? For the reasons I have given,. I do not think that could be accepted by the Committee as a practical proposal.
As I understand, the military authorities call up a man. That man, being engaged in some occupation of national importance, then appeals to the tribunal. If the tribunal exempts him, the military authorities have no power over him.
The right hon. Gentleman is perfectly right, but when he asked me a question a moment ago I understood him to refer to Departmental exemptions. Those are not done through the tribunals at all.
So far as I read the Bill, I understand the right hon. Gentleman the Minister of National Service will have absolute power to abrogate exemptions given by all the tribunals in the country?
Quite shortly, no; no power whatever, except in one class of case, namely, that class of case in which the tribunal has exempted on occupational grounds, and that only. Within that limit, yes.
But the Bill is very clear.
"This Section applies to any certificate of exemption from the provisions of the Military Service Acts, 1916 and 1917, whether granted before or after the passing of this Act." That means everyone.Read on!
The Sub-section proceeds, "where the certificate was granted on occupational grounds."
There is another difficulty which interests the Committee. As the Committee knows very well, I have been extremely anxious that agriculture should not be depleted of labour. May I put this to the right hon. Gentleman? Supposing the Minister of National Service wishes to withdraw exemptions from men who are engaged in agriculture, has he the power to do it?
Yes!
May I interrupt, in order to make the point plain? It is within the knowledge of this Committee that there are at the present time many forms of exemption on occupational grounds. We have the tribunal form of exemption on occupational grounds, and we have the Government Departmental form of exemption under the Act of 1916. We have, in addition to that, various forms of protection. Protection is given to men in munition factories who possess no certificate under the Acts at all; they are simply not called up. There are today no less than 1,200,000 such exemptions. Then there are the agricultural protections, which exist in very large numbers, which are given by the War Agricultural Executive Committee, which have no legal existence at all, and can be cancelled at any moment by the Director - General of National Service. [An HON. MEMBER: "How is that?"] Because they are simply protections from recruiting which rest upon his understanding with the Department concerned. It is done with a pen. All these so-called exemptions and protections granted by the War Agricultural Executive Committee rest only upon the fiat of the Director-General. Therefore it is hardly necessary to-day to proceed with the case of agriculture, which we all recognise as being one of the really vital industries, such as shipbuilding, and so on, where we have already in large measure the state of affairs which will exist all over the country if this Bill becomes law. It already exists, and the reasons for it are that the tribunal exemptions were so erratic that there was no certainty you would get the protection required in order to make safe the food supply of the country. One tribunal would say, "That is a young man; away with him to the Army." The next one would say, "That also is a young man; away with him to the Army." We stepped in and said, "No, this is not in the national interest." We must have some means of protecting these men, and we use the Agricultural Executive Committee as the agent for the issue of these certificates. Now in law at the moment those certificates could be cancelled within five minutes from now. It is not proposed to do it, but there is no legal -basis for their existence. The position with regard to agriculture is not affected.
Will the right hon. Gentleman say what other industries are in the same position in these respects?
There are a very large number of industries in the same position at the present moment, because tribunal exemptions were so hopelessly erratic. Shipbuilding and repairing is in the same position. Mining and quarrying, other than coal-mining, is in the same position. and certain manufactures in connection with the metal industry. Aeroplane manufacture is in the same position, and so on. At the present moment those industries. being most vital industries, are all under the administrative powers which it is suggested by this Bill to entrust to the Director-General of National Service. So that if at the moment the Director-General of National Service is not ruining the country with the powers he already possesses in connection with the vital industries, it is not likely he will proceed to ruin the country if he gets the same powers in connection with less vital and luxury industries.
My right hon. Friend's explanation has considerably relieved my mind, but lie seems to be in a position to be able to control all the industries of the country, and by a stroke of the pen he can stop any industry from going on. Of course, I do not think he will do it with regard to agriculture, in which I am most interested, because there would be a revolution very soon, and the same state of affairs as in Russia. I am not talking so very wildly when I talk about the position of things in this country being very serious. But may I ask this further question, that before my right hon. Friend the Minister of National Service takes, or permits to be taken, any further men from agriculture, he will consult, at any rate, the President of the Board of Agriculture?
Certainly. In all these things it is invariably my custom, and would necessarily be the custom of anyone who was in the position of Director-General of National Service, that he should consult with the heads of the Departments concerned; otherwise the whole thing would be chaos in two or three days. It is very desirable that the Committee should realise that the Minister of National Service has no special interest in raising men for the Army. I know my past association with the Army lays me open to a suspicion that I have a specially soft corner in my heart for the Army, but it is not so. The Ministry of National Service is an executive Department with regard to man-power, working under the War Cabinet, and after the most full consideration with all Government Departments. We have agreements with all Departments of State. There is never an Order issued affecting the interests of any Department without the Order being referred to that Department and agreed to, and, in the event of disagreement, it is carried to the War Cabinet for overruling The appearance of the name of the Director-General of National Service is merely to get some one Department for the purpose of signing Orders. It is an administrative power, and not a great despotic power. This House controls the whole Government—[HON. MEMBERS: "No!"]—and if the National Service Department began rushing off doing things without co-ordination it would not be many days or hours before the matter was known.
I am very glad to have the right hon. Gentleman's explanation, and to be assured that he will consult the Government Departments concerned. That will be an improvement on the present procedure. If you take the Food Controller, I am perfectly certain he does not consult the Board of Agriculture with regard to many of his Orders. Having had the assurance of the right hon. Gentleman that he will consult the Board of Agriculture, I shall rest satisfied; but I do wish to press upon the Committee that I do not rise on any trivial ground, because the agricultural situation to-day is serious. Another matter raised is that of cases in which men are being taken for aerodromes, and things of that description. Men of sixty or sixty-five are paid 45s. a week and fetched by motor lorry, the whole agricultural districts being skinned for the purpose. Those are matters to which the right hon. Gentleman might give some attention, but I do assure him the conditions with regard to agricultural labour are very serious, and the tractors are not proving the success that was anticipated.
I think right hon. Gentlemen opposite do not appreciate the fact that the power has already been in the hands of one Department which is best known under the name of the Reserved Occupations Committee. A list of certified occupations has from time to time been revised by them. There is very little difference between that Committee sitting, as it used -to do at Whitehall, and the Minister of National Service, who is responsible directly to this House. That Committee had only to advance the ages in the various certified trades to cause those men to be no longer certified, and therefore no longer to be protected. That has been going on all the way through. Surely there is very little difference, and far less security, in a Committee like this than there would he with the Ministry itself But what I want to call attention to is the confusion of thought that exists here as to different classes. There is the pure and simple Government protection certificate of the men who have never been anywhere near a tribunal. There is the certificate of the men who have been to a tribunal, and, having been heard on various grounds, and turned down in order to join up, have promptly entered munition factories or aeroplane works, or something of that sort, and so have got back. At once you have two classes of men who are protected by a form of certificate that the Minister of National Service now wants to control. You have the man who goes in under some kind of certificate, and has taken his chance before the tribunal and has failed. You have the man who has come before the tribunal and made good his case, whatever his medical classification has been, and, of course, the lower that classification is the greater the possibility of getting exemption on that ground.
Therefore you have that type of than who has got a certificate of exemption from the tribunal, either because they were bound to grant it, because he has brought himself within a certified occupation, or because, in the exercise of their discretion, they have considered that he is entitled to be exempted "on the ground of National Service"—that is the phrase generally used in the first paragraph relating to exemptions as set forth in the Military Service Acts. The tribunals have endeavoured to use the statutory words in making out their certificate. Therefore such a man would get his certificate on the ground of National Service. Over and over again he has brought himself within the certified list or has shown the Committee that although not in the certified list he is entitled to exemption. That is one of the Regulations. There is a distinct statement as to the certified occupations list, that if that man is within a certified occupation and is graded 3—that was the lowest in those days, C3, I think—he is to be treated as though he were an older man and therefore exempt, although not so entitled had it not been for his health. I think I may say that the relative number of these certificates is small in comparison with those large numbers which have been issued from time to time by Government Departments. I cannot myself see, inasmuch as the power, so far as the tribunal occupation certificates in the ordinary case of certified trades is concerned, has been exercised by the Reserved Occupations Committee without any substantial objection, the Committee are now giving away very much in authorising the Director-General as the Bill proposes to do. In regard to Government Departments the objection might be urged, but surely those of us who have been intimately cons netted with these matters know this, that in the old days, with the War Office on the one side and the Departments on the other, there was a good deal of friction and pulling in opposite directions. Now that you have a Department the sole purpose of which is the regulation of the man-power of the whole country, you have a totally different thing, because we have not mere creatures of the War Office standing between the Government Departments on the one hand, and the demands of the military on the other. They are judging independently, I venture to think, too, in a very different way from the old time, when there was a good deal of prejudice and feeling against the action of the War Office. That being so, I do think that the proposal is a mistake to suspend the operation, pending the laying on the Table of Regulations, the difficulty of which, I quite agree with the Lord Advocate, would depend entirely upon the particular trade or service. It might be that the men in a certified trade only require to be called up between certain ages—it would depend upon the particular nature of the trade or service. So that it seems almost impossible that any Regulation should be framed which would adequately give what is hoped for in the proposal made. On these grounds, having regard to the fact that the tribunals are powerless, directly the age is altered and the men removed from the category which gives him protection by reason of the shifting of the age by the Committee, I think we are really straining at a gnat and swallowing a camel not to give the power for which the Ministry now specifically asks, which is no greater than in the past, and is to be exercised with greater advantage, because it is to be exercised in the way suggested by the Bill.I quite agree that there are considerable difficulties in framing satisfactory Regulations in connection with the Amendment now suggested, but I cannot understand why any Member of this House should willingly trust a single individual with the enormous powers which are asked for under this Bill. I listened with great interest to the speech which was made by the right hon. Gentleman which we have just heard, the Minister for National Service, chiefly on this ground—I was interested to see how quickly any lion. Gentleman can acquire the approved Ministerial tone. Every Minister who has ever introduced or carried through Committee any Bill has always said, "Of course, we have no intention of doing anything whatever that is unreasonable. We shall be very careful to protect this or that interest, and we shall be very careful about exercising the power for which we now ask." In every case, however, at the same time, they have made every objection to any limitation of the power to be given; therefore, as I say, this suggestion of no unreasonableness and so on, was in the true Ministerial manner. What, however, we have to consider is whether the House of Commons is entitled to give any man, however excellent his intentions, the powers which are demanded in this Bill. The Minister might under this Bill go down to any trade in the country and withdraw any number of men without appeal and without any consideration of the interests of the people concerned. He may do so up to any number he requires, and this House will have no further say in the matter whatever. It is quite true at the moment there is only the question of 500,000 men, which, in these days, is a comparatively small number. Even so, everyone knows that as this War goes on the difficulty of withdrawing further men from the industries of this country becomes ever so much greater.
Suppose you cannot get the 500,000 men out of the luxury trades or any trade particularly, I do not know what the right hon. Gentleman is proposing to do in this matter Are we, then, sure that lie will not go to agriculture and take the men engaged in that, and to shipbuilding and take the men engaged in that? He will will have great pressure brought to bear on him by the War Office. He will have great pressure brought to bear upon him by the War Cabinet. What is the security we have that he will exercise his enormous powers with discretion? If this Bill passes as it is the Ministry may not only bring hardship and trouble on individuals, but they may bring absolute disaster to the country. The right hon. Gentleman told us to consider how careful he had been of agriculture. That was the effect of his speech. Has agriculture to-day got all the men it wants? [An HON. MEMBER: "No!"] Consider the meat shortage! Consider what is now going on in the towns in the North! Consider the discontent there is in all parts of the country! Consider not only the meat shortage, but the butter shortage The way agriculture has been treated up to the present does not give us great confidence in entrusting to any Minister, who has nothing to do with agriculture, the powers asked for in this Bill. Why has agriculture been treated in this way! It has not been done by the Board of Agriculture. The hon. Gentleman the Member for Blackpool has pointed out that it has been treated in this way because the Cabinet, or the Government, gave the Food Control Department the power of controlling agriculture—a Department which knows nothing about it Lord Rhondda and his advisers have the power to interfere with agriculture—and they have done it! In the same way the right hon. Gentleman is asking for full powers to withdraw any men lie pleases. In saying that he is misleading the House, because he knows perfectly well already that he cannot withdraw men who have obtained, on occupational grounds, certificates of exemption from the tribunals. There are a large number of men engaged in agriculture who have certificates of exemption on occupational grounds; therefore he has no right to say that he can do what he likes with the men engaged in agriculture.I did not say that I had tie power over the certificates granted by the tribunals. What I said was that so far as men engaged in agriculture at the present time are concerned, I had power over the certificates of exemption given by the agricultural committees.
If this Bill passes it will very seriously affect agriculture. That is the only point I was trying to make. I think the right hon. Gentleman did not point that out in his earlier observations. Take the trade in which I am very much interested—the cotton trade. I am advised by my Constituents, and those who know the cotton trade, that it has now come to the point when it has given all the men it can, and cannot spare another without danger to the whole trade breaking down, and Lancashire being thrown into a state of absolute starvation. The trade is very much disorganised at the present time. Supposing an ignorant Government Department goes down to this very delicately balanced trade and takes away men from the spinning mills, men who are vitally necessary to the trade? You may very well have the whole weaving industry, the cotton trade, and the spinning, in a state of complete disorganisation in Lancashire, with riots and disturbances. It, is, therefore, very dangerous to give the powers asked for in the present state of the industry.
I want to make a proposal to the right hon. Gentleman. If he will not accept this Amendment, I want to know whether he will limit his powers in any way or whether he demands unlimited powers? He has said again and again that he is not going to exercise these powers without consultation with the Department concerned. Will he put that in the Bill? Will he say that in every case the Department concerned shall be consulted, whatever the Department may be, before the powers of this Bill are exercised? That, at any rate, will give us something, even if this Amendment is rejected. It seems to me the House of Commons will not be doing its duty to the country, nor we to our constituents, if we give to a single man or Department, as it is now, the powers asked for in this Bill. If the present Amendment, which appears to me to be not unreasonable, cannot be accepted, will the Government say what limitation they will suggest, or do they really suggest that this Bill is to be passed as it stands, to give these absolutely autocratic powers to a single untried Ministry?The Minister of National Service made us a very satisfactory speech and promised us things which I am sure he will personally carry out to the very letter, but what I would point out is that, after all, the right hon. Gentleman is ephemeral, and he may leave to-morrow morning, and his post may be filled by somebody else. A promise made by a Minister in this House has no effect in law, and the only thing that is effective is what is put into the Act of Parliament. That is why my lion. Friend the Member for Lanarkshire wishes to see some limitation placed upon the Director-General of National Service. Although the right hon. Gentleman himself may be full of the most excellent intentions, and he may he really desirous of carrying this Bill into effect without any friction at all, can he guarantee the same common sense and tactfulness on the part of his subordinates? If they carry out these powers in the same way that they did in connection with the recruiting campaign, I am afraid we have no such guarantee.
The right hon. Gentleman's speech is largely discounted by the fact that he may not be in his present office in a week's time, and although he may be anxious to carry out his own policy, his subordinates may not carry out that policy in the same way. One or two hon. Members have hinted that we are unpatriotic in supporting this Amendment, because the need for men is so very urgent. That is invariably the plea which is put forward by a Minister when any proposal is brought forward to limit the control of his Department. The Department concerned should bring in its proposals earlier, so that the House of Commons may have time to consider them and at leisure put in any control which seems to be necessary. The right hon. Gentleman made the point that up to now when they wanted to take any men from agriculture they consulted the Minister for Agriculture, and if they could not agree then the matter went before the War Cabinet to be decided. Under this Bill that will not be so. The right hon. Gentleman will no doubt consult the Minister of Munitions and the Minister for Agriculture and come to some agreement, but if they do not agree it will not be the War Cabinet that will decide, but the right hon. Gentleman himself. A great point was made that at the present moment those exempted on occupational grounds could he taken for the Army, and therefore this Bill makes no change. I may be wrong, but my impression is that a man at the present moment who is protected on occupational grounds and whose certificate is taken away by the Ministry fur National Service can appeal to the tribunal on other grounds and get exemption. Under this Bill all that is swept away. [HON. MEMBERS: "No!"] Perhaps the right hon. Gentleman will point out what protection a man exempted on occupational grounds has who is called up by the Minister for National Service. Supposing John Hodge, an agricultural labourer in Hampshire, is called up and his age is twenty-three. Is there any appeal against that calling up? Supposing the right hon. Gentleman issued a ukase calling up every agricultural labourer between twenty and twenty-five in the United Kingdom. Is there any appeal against that decision? I would like that simple question answered by the right hon. Gentleman. Unless there is some form of protection it is impossible for the House of Commons to grant such powers to any Minister or any Department, however well-intentioned they may be. It is our duty to see that these questions are answered satisfactorily before this Bill passes into law. Up to the present we have only had vague generalities. The Amendment moved by the hon. Member for Lanarkshire may not be an ideal one, but it places some limitation on the powers of the Minister of National Service.The inquiries which have been made have only been partially answered, and although the Minister of National Service has shown us much courtesy in communicating the method by which his Department is administered, and has given us an enlightening account of the proceedings, I do not think that meets the point which has been put by the right hon. Gentleman the Member for Cleveland. There is some doubt in the minds of hon. Members, not even excepting the hon. and learned Member for Ealing, as to whether the Minister of National Service is to have the right to override the decisions of the tribunal. This is a most important matter. Individual exemptions have been granted by the tribunals in an enormous number of cases on different grounds. They have made selections in the various localities. Are those decisions to be swept aside or has the Minister power to settle them? Are the decisions of the tribunals to come under his review?
My right hon. Friend put a very simple question. People want to know whether or not it is within the power of the Minister of National Service to wipe out the exemptions given, say, to the butcher in a small market town. Take a case, for instance, where it has been decided that two butchers are to be kept out of four. Is that to be the decision of the tribunal or the Minister of National Service? Here you have a concrete inquiry to which we have received no answer. I submit that in so far as we have heard a description of the powers of the Minister, they appear to go a good deal further than those which were exercised by any Government Department in the past. I can well remember the work of the McLeod Committee. The Reserved Occupations Committee did most useful work at the beginning of the recruiting campaign, and by raising the age or cutting certain categories out of the list they did a great deal to facilitate the work of the military authorities in getting men from the industries from which they could be best spared. We have no guarantee that that Committee will be continued. The alternative now before the Committee which has been suggested by the right hon. Gentleman the Member for Cleveland is. that there should be something in the nature of an advisory council. If it were only composed of men similar to those who sat on the McLeod Committee it would, at any rate, be a safeguard against the power of the Minister. Some body of that kind should be set up to advise the Ministry, or to share the responsibility. If that be objected to, at least there should be an advisory body to deal with these extremely difficult cases. I have in mind two industries in which decisions taken by the Minister may be of vital importance. When the First Reading of this Bill was taken the right hon. Gentleman made an admirable statement with regard to our sea Services, with every word of which I was in full agreement. Such a. full acknowledgment of our dependence upon the sea had not been made even by his right hon. relative when he addressed this House. So long as the right hon. Gentleman is there I feel sure the shipbuilding and ship repairing industries are not likely to be diminished in their man-power, but the right hon. Gentleman may find an occupation where his services are more urgently required. The Government of the day may decide that they will put someone else in the right hon. Gentleman's place, and he may be put into a position of greater responsibility, and then we should be dependent on the personal opinion, enthusiasm, and insight of the Minister himself. In a matter of such supreme importance to the country I am sure the right hon. Gentleman will not feel that we are jealous of his personal power when we say that no power of this kind should be left in the hands of one single man, and that is our contention. I take another instance. The right hon. Gentleman has had negotiations with the railway men, and the result has not been communicated to the House. It is most desirable that the House, being the supreme authority, should have the fullest information given to it. It may be that the right hon. Gentleman thinks that he can safely get from the railway service 4,000, 6,000 or 10,000 men. That is a matter of opinion and negotiation, but why is he not negotiating with the representatives of the community as a whole. So far his negotiations have been purely with the representatives of the railway men. Why should the result not be communicated to the House? I can promise the right hon. Gentleman that if he is as frank and candid with us over his negotiations with the trade unions as he has been in regard to the working of one section of his Department, he will not find us unsympathetic. We are a bit jealous of matters of this kind being discussed with only one section of the community, and more especially matters of such vital importance. Everybody knows that the port of Liverpool is badly congested, very largely because of what some of us think was a premature administrative decision by which vessels were diverted from London to Liverpool in large numbers. It is a matter of very great importance. There are about a score of vessels in Liverpool unable to obtain a berth, and I have been informed by those who know a great deal about the administration of the port of Liverpool that the trouble is not so much that of the vessels getting a berth as in clearing the railway communications. If distribution is going to be doubly difficult because of the lack of railway communication, if at such a time the right hon. Gentleman is going to take large numbers out of the railway service, surely the House of Commons ought to be told. I think such information should be communicated to the representatives of the nation as a whole. I think the right hon. Gentleman would have got rid of a great deal of the feeling and apprehension, I will not say suspicion, as to the powers which will be given to him under this Bill if it is unamended, if he had been able to make the same sort of declaration to us as he made to the trade unions as a whole or separately. That is one of the reasons why a good many of us sympathise with the proposal made by the hon. Member for Lanark, although I fully realise the difficulties of his proposal. It might not be, I think, the best possible way of the House of Commons sharing the responsibilities of the right hon. Gentleman, but it is the only suggestion which has been made this afternoon that apparently meets the position. 6.0 P.M. I hope my right hon. Friend the Member for Cleveland at a later stage will make some other proposal if this Amendment is not carried. I suggest that the right hon. Gentleman would be well advised not only in the national interest, but in his own interest, if he would share his responsibilities in this matter as widely as possible with the representatives of the people. I am not exaggerating, I am sure, when I say that on his decision may depend the whole extent of our endurance during the War. A wrong decision, taking men from a vital industry, or in regard to the administration of food or raw materials, might bring us almost to a standstill. I would suggest that the right hon. Gentleman should either accept the suggestion that there should be an advisory council to assist him or that he should call upon Parliament itself to share to some extent his responsibilities. I know that the right hon. Gentleman, having undertaken the duties of his office, may feel that he is quite prepared to go through with it at whatever cost. I admire his courage. In taking on the Department at the stage that he did he did a very courageous act, but that does not exonerate us as representing the industries and constituencies from seeing that too vast powers are not placed in one pair of hands. The very decisions which have been taken by the various Departments have been to some extent a safeguard. I know that there has been friction as between some of the Departments, but some of these Departments from their very constitution have been charged with safeguarding great national industries. The Board of Agriculture, for instance, has as its main business the safeguarding of the production of foods and the protecting of the agricultural population from over-recruiting. The Board of Trade, or, I presume, the Ministry of Shipping now, is charged with safeguarding the interests of those engaged in the mercantile marine. The Controller of the Navy is specially charged with safeguarding the interests of shipbuilding and ship repairing. All these Departments were specialists and knew what they wanted and realised the responsibility of their decisions. This arrangement covering the whole thing by one Department may simplify Depart- mental procedure, but it places upon one pair of shoulders a responsibility that no one pair of shoulders can bear. I suggest, when these safeguards are taken away, apart altogether from the individual questions which can be raised in individual trades, that the right hon. Gentleman should consider, if not at the present moment at all events before he goes further with the Bill, whether he would not be well advised to take Parliament more fully into his confidence and to share more fully with Parliament this responsibility. I would, therefore, ask that he should himself on that one specific point assure the Committee that he will be prepared, after the discussion that we have had here and of which he can have no complaint—it has been. very well-intentioned and most sympathetic towards him—to take into further consideration this or other alternative proposals for carrying out the object which he has in view, and secondly, that he should not refrain from giving the information to this House as to what he intends with regard to various industries which he has already given to the trade unions and which ought to be given to those of us who represent even wider interests than the trade unions themselves.I do not think anybody would refuse the right hon. Gentleman the possession of larger powers under this Bill if past or recent experience warranted them. Fear has been expressed to-day on all sides that agriculture is not sufficiently regarded by the persons who have the carrying out of the enrolment of people at present engaged in that industry. The. lion. Member for North Northampton (Major Brassey) asked a question to-day as to whether it was within the power of contractors erecting an aerodrome in a certain district to take away men engaged as agricultural labourers on the surrounding farms, and the Minister met the question by practically saying that he could do nothing, the whole of that bench sitting perfectly silent. I listened most carefully to the question and answer, and, as far as T could gather, nothing is to be done. If contractors like to avail themselves of the cheaper labour of agricultural districts, then, no matter what agriculture may suffer, there is no friend of the food industry to be found to defend agriculture from those attacks on its labourers. That is to-day's experience. and it is extremely significant, because it shows that this great question is not gripped by the whole of the Government as one solid question to which all others are related. This War is going to be either won or lost on this question of food.
We are now faced with a new Department which is to have control of this question of National Service. Have we any ground for believing that it is going to be more fully carried out? Are we not entitled to ask that something on the lines of the Amendment should be laid upon this House and should be understood to be, and in fact be, indicative of the guiding principles that the Government propose to adopt in this matter? The other day a case was brought to my notice. There was a farm in a county with which I am fairly familiar, a very successful and highly cultivated farm, which was carried on by a farmer and three sons. One son died of pneumonia, and another who had been enrolled was killed in France. The third son a year previously had gone to Canada, and had there bought a farm. When his father and his two brothers died he came to England, and from his knowledge and skill he laid down the whole operations of the farm in order that his mother and sisters, with one or two helpers of a very indifferent character, might carry out his instructions. He then went back to his farm in Canada. Later he wrote and said he would come over again, but he could not get any guarantee that he would not be interfered with. He was advised that if he came he would be liable to be enrolled as a soldier as his brother had been, and he said in that case he should not come over. His mother replied that the farm would become derelict. He said it would become so if he came over and were enrolled. Meanwhile, he was passed in Canada in a low category and was given exemption. He again proposed. to come over, but he asked what guarantee he had that when he did so there would not be a different award from that which had been given in Canada. His case went before the Agricultural Committee, but they could give him no information or guarantee. These cases are occurring all round the district. In that same district there are two firms supplying food over an area of fifteen to twenty miles. No rules are laid down with regard to the methods of distribution. All the men except two, one of whom is over military age and the other barely within it, have been taken.
The hon. Member seems to me to be going beyond the scope of the Amendment. There is another Amendment which has been handed in—it is one of the disadvantages of the Amendments not being on the Paper—which raises more specifically the question of agriculture, and I must ask the hon. Member to confine himself more particularly to the Amendment now before the Committee.
I will leave the matter now, and take my chance later.
The example which the hon. Member has given would not come within the Military Service Act at all. The man he mentioned is domiciled in Canada and would not come under the Act. The last two speeches have struck me as being Second Reading speeches. I may be wrong, but, as I understand it, the whole essence of this Bill is that, instead of this Departmental power of exemption which has been exercised in a way totally unrestricted, except by the discretion and the reasonable action of the heads of the Departments, the power should be concentrated in one Minister who should be responsible to Parliament. That gets rid of all these Regulations. You have the control of Parliament, and, if the Minister does anything wrong or unreasonable, the matter can be thrashed out here on the floor of the House before two days are over. An hon. Member opposite was horrified at the powers going to be conferred on one Minister. Has he been horrified at the powers exercised not under an Act of Parliament but entirely by the stroke of the pen of heads of administrative Departments in exempting men? The country has been roused by the probability that in those Departments and elsewhere there may he men who have escaped. We do not say that in a great many cases it has not been properly done, but the feeling is that there are men there who ought to go out, and Parliament by passing the Second Reading of the Bill has assented to the principle that the responsibility should be placed not on the heads of the various Departments but on the head of one Department who can consult with the heads of the other Departments whose subordinates he is going to comb out. At the same time he will be held responsible to this House. Surely that is sufficient guarantee for the proper, reasonable, and wise exercise of the powers that Parliament is about to confer upon him.
I hope that I may be allowed a little latitude as so much of the discussion has ranged outside the exact Amendment before the Committee. I would like to thank the right hon. Gentleman the Member for Dewsbury (Mr. Runciman) for the way in which he spoke about the points that have been raised. I would like to assure him and the whole Committee that the procedure under which the Department for which I am responsible works in connection with these exemptions is a procedure for instituting which I think he himself was responsible. The Reserved Occupations Committee, better known as the McLeod Committee, still exists. Its functions have been extended and it has itself been expanded and now forms the Trade Exemptions Department of the Ministry of National Service. That is the section of the Department which will be responsible for dealing with all questions which are outside the Government Departments exemptions and yet which come under the Bill as a whole. We have, therefore, at present a Committee now expanded into a Department with long experience of this very class of case, having worked since the very first days and even before the first days of the Military Service Acts at this problem and at this question. It is in connection with the proper exercise of its knowledge and its experience that the powers of this Bill are asked for by the Ministry of National Service. The powers must stand in the name of the head of the Department, but it is not the intention or the desire in any way whatever that these powers shall be exercised by one individual sitting in a room arbitrarily saying that men must come in. The same right hon. Gentleman made a considerable point that the trade unions had received information which was not given to this House. It is quite true that they have. The reason is partly the rather peculiar course which was followed on the Second Reading of this Bill. It would have been impossible for a much longer statement to have been made on the introduction of the Bill than was made. It was intended that there should have been further information given on the Second Reading, but as the result of the course which the Debate pursued the opportunity for giving that information did not arise.
I am afraid I should be out of order if, at the present moment, I suddenly branched off from this particular Bill into a general discussion of what we propose outside the Bill altogether. The information which has been given to all those great and important trade unions which we have been meeting day by day since the 3rd of this month, has dealt with administrative arrangements under the schedule of protected occupations, which arrangements are not affected or modified in any way whatever by the Bill at present before the Committee. Therefore I should be going far afield if I were to enter into a description of those arrangements, but on a suitable opportunity I quite agree that it is right, proper and necessary that this House should be placed in the fullest possession of all the information that has been given to the trade unions. It is unfortunate that the opportunity has not arisen so far. I do not think it can be seriously argued that it is possible in the administrative work that is required in connection with a proposal of this nature that a general description of principles can be laid before the Committee, because that would certainly fail to meet half the cases that arise from day to day. What I fear that certain members of the Committee fail to regard fully is that the proposals in Clause 2 of this Bill as a whole aim at unifying the procedure and bringing similarity into a field that is at present chaotic. We have at the present time men in such an important industry as shipbuilding, protected under a scheme of protection in which the Director-General of National Service appears possessing the powers that it is proposed to confer upon lam by this Clause. Again, in such an important industry as aeroplane construction he appears with the same powers. In such an important industry as agriculture again, over a large part of the field, not the whole field, he appears with the same powers. Similarly, in connection with certain of the vital metal processes the Director-General of National Service appears with the same powers that it is proposed to confer by this Clause. That point has been rather overlooked. Already we have this machinery of consultation and examination in existence. The whole of one of the big Departments of the Ministry of National Service is designed to do nothing else but sift the evidence in favour of granting or of withholding exemptions for certain classes of men. Already we have in existence the whole machinery of consultation between Government Departments. We have a series of definite agreements existing between the Ministry of National Service and the various Departments with regard to the procedure to be adopted in connection with the issue of Orders affecting men who have been exempted. What we are trying to do is to get under these powers the whole man-power question brought into, if I may use the word, a condition of discipline. We have had in the past one, two, three, four, perhaps as many as ten Departments, each going its own way. We still have examples of that happening. We have had the example quoted, not in connection with recruiting, but in connection with aerodrome work. There we have had a bad breakdown, which has just occurred, and the matter is now being dealt with. What we are labouring to do is to prevent these break-downs, occurring, and to get the Departmental work, both with regard to their exemptions of men, with regard to their release of men for service, and with regard to their work and labour, co-ordinated. I would urge upon this Committee the importance of recognising that this important big principle, as it looks here, is really just the keystone that is required to complete the arch which will give us a definite, disciplined control over the question of exemptions by Government Departments, and also on occupational grounds where those occupational grounds are alleged to be in the national interest. I ask the Committee to notice that these tribunal exemptions, which will be dealt with under this Bill if it becomes law, are all granted on occupational grounds for the alleged reason that it is in the national interest that the man is employed or continues to be employed in that work. It is not a question of the employer's opinion. These exemptions are recommended to the tribunal on the ground of national importance, and are granted by the tribunal on the grounds of national importance. It is not possible for any tribunal to view the whole field of national interest in the same way as it is possible for a Department which is receiving information from all the Departments of State from day to day about their man-power position; it is not possible for any tribunal, appeal or local, however great its knowledge of its own locality, to have the same complete information that comes into a Department which is fed with daily and almost hourly information from every source from which information can be obtained. Therefore, I would ask the Committee to recognise that, although the words "Director-General of National Service" appear here, it is really a Department which is built to deal with this problem that is going to deal with it, and is going to act and take the decisions, those decisions, of course, being given in the name of the Director-General of National Service, but in reality being decisions of this Department which has grown out of the McLeod Committee, and those decisions which have been arrived at after consultation with all the Government Departments concerned. Therefore it is not, I can assure the Committee, in the power of a single individual really in fact to take these decisions. It is simply getting one channel constituted through which those decisions may be announced, and one machine being recognised into which all information must be passed before decision be taken. I am sure that if it is looked at in that way the Committee will not think, as certainly some hon. Members have thought, that this is overburdening one individual. Naturally, some such responsibility for decisions must fall upon an individual, but this is a machinery which is existing, which has existed for years, and which has worked satisfactorily.If this were simply a question of consultation or co-ordinating the work between one Department and another I could understand the position, but the matter goes far beyond that. It concerns not only the bulk of the Departments, but the bulk of the tribunals. With all respect to the right hon. Gentleman, in spite of the speech lie has just made, I doubt whether his Department is best qualified to go into sectional cases. I have a case in my mind with which I, as chairman of a tribunal, had to deal to-day. It concerned a large firm, employing 300 girls and a few engineers. The tribunal granted exemption to those men as long as they remained in their occupation because they were necessary to carry on the factory. I understand that that power is now to be taken away, and that these men can be ordered to join the Army, after fourteen days' notice, at the will of the National Service Department and some other Department, without any particular knowledge of the locality. Such cases could be multiplied by thousands or tens of thousands. If it were limited to Government Departments, I could understand it. What can be the objection to what is now desired by this Amendment, namely, that when the Minister makes up his mind that he is going to comb out any industry the Order or Regulation should be placed on the Table of the House for ten or twenty days, to enable it to express its opinion if it so desires. The men have had exemptions granted to them with the clear knowledge that they will not be taken away without two months' notice. The men have incurred obligations, many of them having removed from one part of the country to another. Suppose they are called up for military service 'and want to take their wives and families back to the district from which they came, on the clear understanding that they were to have two months' notice of any change of locality. In justice to these men they are entitled to some consideration. They have done what the country wanted them to do. We are asking for something which is not at all unreasonable, namely, that we shall be given information to which we are entitled. The right hon. Gentleman the Member for Dewsbury (Mr. Runciman) dealt solely with railway congestion. At the present moment my own Constituency and many others in London are vastly concerned over a most serious problem that has recently arisen in which railway transit will play a very large part. If the Minister of National Service presented to this House a notice that he was going to comb out a large number of railwaymen, I should be the first to call the attention of the House to the impracticability of that step being taken, and the right hon. Gentleman would be one of the first to agree that we should have notice of it. There are many reasons in favour of this Amendment being carried. The only disadvantage I can see in it is that it might mean a delay of from ten to twenty days at the outside. I therefore urge the Committee to accept the Amendment.
I had hoped that after the Debate to which we have listened we should have had some concession from the Government. I do not suggest that the proposal contained in the Amendment is the best method of meeting the points which have been raised in the course of the Debate, but most members of the Committee will agree that a case has been made against surrendering all the powers which are being given by this Clause to the head of a single Department, without any check at all. The Amendment suggests one form of check with which this House is familiar. Although in the past it has in many cases proved altogether illusory, still it is a check. If the Government are not prepared to accept that check they ought to be willing to suggest something else, but no such suggestion has been made. One proposal was put forward by the right hon. Gentleman the Member for Cleveland (Mr. H. Samuel), namely, an advisory council, which should have separate authority, but both the Lord Advocate and the Minister of National Service have refused to listen to that suggestion. The Lord Advocate suggested that the method of regulation is altogether impracticable. In many other cases it has been adopted where the urgency was as great as in regard to the raising of men under this Bill. For example, it was adopted under the first Munitions of War Act, which was one of the most urgent measures we ever had to deal with in this House, and Rules and Regulations under that Act were all to be laid before Parliament and to lie on the Table for twenty-one days. Why should not the same proposal be accepted now? I think "Regulation" is rather an unhappy word to describe what is meant here. I should have preferred to have the actual Orders laid before Parliament. Unfortunately there is a Clause in the Bill which indicates that Orders may deal with individual certificates, and it would be hopeless to expect the Government to lay such Orders on the Table. If, however, they were all shown in their character referring to special trades and classes, it would be quite possible to lay the Orders, so that the House would know the industries which were affected and the men who are going to be taken from those industries. It is very important that the House should know these things.
The right hon. Gentleman spoke of the consultation which takes place between heads of Departments, but I am afraid, under the existing system, such consultation is not anything like what prevails under normal Cabinet conditions. We want to know also what may be in the mind of the Minister from time to time. We know that since he has taken office lie has changed his mind about schemes which he was going to put into operation. [Interruption.] One can only judge from his speeches. He made a speech at the Aldwych Club, in which he indicated that he was going to proceed on quite different lines from those proposed in the Bill, and that he was going to take men from the luxury trades, but certainly not from essential industries. In the course of two short months he has changed his mind altogether. We know his mind as it was when he introduced this Bill, but he may change it in another two months, and the House will have no authority whatever to change his action. He may take a decision, and even persuade the War Cabinet, over whom he seems to have great powers, of the wisdom of his new view. But if so, these changes will be made by administrative Order, without any power of the House to intervene. It is true that we shall be able to call the Minister to book on the floor of the House of Commons, but it is much more difficult to call a Minister to book after the Order is issued and in actual operation. If the Order lie on the Table before it was put into operation anyone who was interested would have an opportunity, by Address, to call the attention of Parliament to the matter and to prevent the action being taken, That is the important thing. Action of a very serious kind may be taken which may have disastrous effects on the national interest, and it may not be until after it is taken that the House will be able to intervene, when criticism is too late. It is important that a check should exist before anything is done, and it is in order to establish a check before anything is done that I proposed this Amendment. As the Government has not seen fit to offer any alternative, I propose to take it to a Division.I trust this Amendment will not be accepted and that the Committee will do nothing which will cause delay in any way. The necessity has arisen to get men out of these trades. If this Amendment were carried out, an Order would have to lie on the Table for twenty days, and it might be a few months before these cases were decided. I have seen drafts from England coming out to France, some of the men only having had seven weeks between leaving civilian life and arriving in the front trenches. In another case I saw 200 men combed out from the Expeditionary Force canteens and put into the front trenches a fortnight after they began to receive their training. That is almost a criminal thing to do, and by anything we do to cause delay we are helping to send men into the trenches with insufficient training. Do not, for heaven's sake, do anything which will curtail the time of training of men. All these Amendments tend to do that. Our experience hitherto of recruiting for the Army through the machinery we already have has been delay after delay. We have heard from the right hon. Gentleman to-day that he is not taking to himself the absolute arbitrary power which some members of the Committee think, but he is only getting the machinery together with the object of hastenng things up to give a better opportunity for our men to fight than they hitherto had. For these reasons I ask the Committee most earnestly not to pass any Amendment which will create one hour of delay in getting these men into the Army. Let us get them in as quickly as we can, give them all the training we can, and give them the chance they ought to have of being able to fight for their country.
I appeal to the right hon. Gentleman before a decision is come to on the Amendment, to say definitely whether he is or is not going to accept any Amendment of any sort in regard to the uncontrolled power which he seeks to have under this Bill. We have discussed this for two hours, and that is really the only point that has emerged from this discussion. If he would say he will consult right hon. Gentlemen who sit on the Front Bench opposite with a view possibly to getting some advisory committee to help him, it would very much modify the attitude of myself and others in regard to this Amendment. No one wishes to tie the Government down and no one wishes, as the hon. and gallant Gentleman (Colonel Hamersley) seems to think, to prevent these men joining the Colours. All we want is that the supremacy of the House of Commons should be maintained and that some control over Government Departments should be devised. I appeal to the right hon. Gentleman to say exactly what he is going to do. If lie would say that he will accept some Amendment, it would shorten our deliberations and prevent my right hon. Friend (Sir F. Banbury) moving his Amendment in regard to agriculture.
May I press the appeal which has just been made? I am sure the right hon. Gentleman will go so far as to say he will between now and the consideration of a later Clause in the Bill consider the points which have been put to him. If he says it is absolutely impossible for him to amend a single letter of his Bill, I am quite sure he will find him- self in conflict with the fairly general feeling of the Committee. It is not confined to one side only. I urge him to say, at all events, that he will be prepared to consider the representations which have been made to him. If it is impossible for him to make any modifications, he can say so as frankly as he has made other statements. I hope he will treat the Committee with more respect. [HON. MEMBERS: "Oh!"] I notice that one or two hon. Members rather dislike that expression, but they have not been here during the discussion. It has been of a most friendly and helpful character, and I am sure Ministers do not object to that. I suggest that the right hon. Gentleman should follow a practice which is not unknown in this House of saying that the points which have been put to him are worthy of consideration, and that he will not now bar and bolt the door against any and every modification which may be suggested. If he will let us know that at a later stage he will be prepared, if necessary, to make a further statement on Amendments which are bound to be put down, lie will ease the feeling of a good many Members who do not like his non-possumus attitude.
I am sorry that I should have appeared to any Member of the Committee to be treating it with disrespect. I have spoken with all the frankness I can. I have no desire about this Bill except to get it made just as good as it can be for the purpose which it has in view. If any Amendment is brought forward which will help and strengthen that purpose, I shall welcome it in every way. I am not taking up a non-possumus attitude. Far from it. But I have considered this Amendment and I frankly cannot see how it would work, and it would be administratively impossible to accept it. I would urge hon. Members to notice exactly what this Clause says. Fourteen days' notice has to be given before an Order becomes operative, and any Order of occupation must be published, and thereafter there will be a further seven or fourteen days before men can be called to the Colours. So that as the Bill stands now there is plenty of time for second thoughts. If this were a suggestion that the Director of National Service should issue an Order and the men should join the Colours the next morning, I could understand the points which have been raised. But there is a definite provision in the Bill that there should be fourteen days, and in the case of any Order affect- ing classes of men publication of the Order before it becomes operative, and then comes the time taken by the men's own individual appeals; and it seems to me to be straining words to suggest that a procedure which already involves all that delay and all that publicity is rushing things and trying to get men into the Army without giving time for consultation.
Amendment negatived.
I have an Amendment to leave out the word "fourteen" ["fourteen days"] and to insert instead thereof the word "twenty-eight," but I have much more important Amendments later on, and as the right hon. Gentleman does not wish to accept this, I will not trouble him by moving it.
I beg to move, at the end of Sub-section (1), to insert the words, "A notice of any Order made under this Section shall be forthwith sent by the Director-General to every man to whom the Order applies."
I think in justice that the men who have presumably been living in a certain amount of security under their exemption orders ought to have individual notice. It is not fair to expect a man to be always engaged in minute search of the notice-board in a factory or the post office or other public place where the Director-General may think proper to post his notice. If this is going to apply to a class of a certain age, in a certain trade, it will be still more confusing, and inasmuch as the local officer of the Ministry knows precisely who are the men and where they are, it will be perfectly easy for him to give a notice individually. In every case where a tribunal exemption is challenged now and it is desired that it should be reviewed, specific application has to be made by the Military Service representative asking for a review of that exemption, and a day is appointed by the tribunal. If it can be done in that case, it can be done equally well in the case of a man who is called up and who is known perfectly well to the officer of the Ministry as being the person wanted, and it can be done in the case of a group of persons wanted in certain factories. Many instances of harshness have come before me during the last two years when the tribunals have been sitting, where men have not had a notice and have lost rights to which they would otherwise have been entitled. I wish to make it perfectly clear by a subsequent Amendment that a man who is called up under this shall have certain rights in respect of other matters as well as occupation. If a man does riot have a reasonably specific personal notice, he probably will miss his opportunity of going to the tribunal, because there is a limited. time. Inasmuch as it is a matter more or less of administration, I think it could be done perfectly easily, and we owe it to a man to take care that he shall have individual personal notice when the exemption is cancelled, and he is expected to go to the Colours.Can the right hon. Gentleman inform the Committee what is the nature of the publication which is intended apart from the question of notice? He indicated that it was his intention in every case to publish the Order. Does that apply to individual Orders as well as Orders affecting classes? It appears to me that the suggestion of my hon. and learned Friend is very sound so far as individual Orders are concerned, because one could hardly imagine that it was the intention of the Ministry to publish every individual Order. I assume that there may he quite a number of such individual Orders issued. I hope, therefore, that if there is no intention to publish all individual Orders, an Amendment of this kind will be accepted. With regard to the period of time which may arise on the question of notice and publication, the right hon. Gentleman has indicated that there would be an ample period elapsing, because after fourteen days the man would have all his rights in regard to appeal, and so forth; but surely that would not apply to cases of occupation, because in that case the Bild provides that no further application can be made to the tribunal.
I quite agree with the hon. and learned Member that it is very necessary from a broad point of view to see that adequate information is available in connection with any Order which is made under this Bill when it becomes an Act. I cannot, however, quite bring myself to agree that it is necessary to insert the exact words which he proposes, or perhaps any words. What is proposed is this. Let me take, for example, without any special reference of probability, the cancellation of the exemption of miners of Grade 1, under twenty-three years of age. It would appear to me that that fact broadly published would be quite adequate information. By "broad publication" I do not mean simply the printing of the Order and possibly its insertion in the "Gazette." I mean broad publication in the sense of its definite insertion in the Press, and if there be any locality specially affected special reference in that Press, and also, if necessary, by poster. Where a single exemption has been cancelled that would be quite a different matter. Very often it would pillory a man to publish the fact that his exemption has been cancelled. In connection with single exemptions, and with exemptions which cannot be described in the same broad, general way, such as I have suggested in my purely hypothetical case in connection with the miners, I would absolutely agree to send individual notice to the individuals concerned as to the cancellation of certificates. Where we have a broad case which is easily defined, I think it would be unnecessary to send individual notice, because in any case these men would receive, if not an individual notice of cancellation of exemption, an individual calling-up notice, which would be issued to them in the ordinary course. I seems to me that we might meet the point in the way I have suggested without making it absolutely necessary that every individual should receive a notice.
Inasmuch as the time may have gone by when the man might have had an opportunity of appealing to the tribunal on other grounds than occupational, difficulty would arise, I expect that the right hon. Gentleman will do as he has done before and give an under-taking to consider words which shall limit them to individual cases, such as individual tribunal cases, and if he does that I am content to leave out a whole class of persons, such as he has instanced in the case of miners under twenty-three or twenty-five, in grade 1, to be dealt with by a common notice. If he will give me an assurance that between now and the Report stage he will consider a form of words which will give effect to that, I am perfectly willing to withdraw the Amendment.
Yes, I will do that.
I beg leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
I beg to move, at the end of Sub-section (1), to insert the words "Provided that this Section shall not apply to persons engaged in agriculture."
The reason why I move this Amendment is that agriculture has been very hardly treated, and treated in a very arbitrary manner, since the various National Service Bills became law. At the commencement a large number of people were taken indiscriminately from agriculture, including many skilled men. In addition many blacksmiths and threshing machinists were taken. I remember that in some of the daily papers there were complaints that blacksmiths were being allowed to remain in the villages, and it was said that this was a very wrong action on the part of the tribunals. They did not appear to realise that you cannot plough land or work a farm unless your horses are shod. Unless you have blacksmiths you cannot shoe your horses, and at the present moment—I do not in any way blame the blacksmiths—many farmers in my neighbourhood have their work delayed two, three, or six days because it is impossible to get their horses shod. It is absolutely essential that this Bill shall not be applied to agriculture in the way in which many tribunals, and sometimes war agricultural committees, have dealt with agriculture. The right hon. Gentleman has said that if this Bill becomes law he will be in the same position in regard to agriculture as he is now. He afterwards corrected that statement, and stated that to a large extent he will be in that position. I cannot tell how many men have been exempted by tribunals, or how many have been exempted by war agricultural committees, but my impression is that probably more men have been exempted by tribunals, or, at any rate, quite as many, as by war agricultural committees, and the position when this Bill becomes law will be that all these men who have been exempted by tribunals, and who are engaged in agriculture, can be called up by the right hon. Gentleman practically without any appeal. 7.0 P.M. Everyone knows that the various Government Departments are making appeals to farmers to plough more land. What is the actual position in agriculture at the present moment? The position, I believe, in the greater part of the country is that the farmers have not enough men to keep the arable land which they have got in cultivation, and it is practically impossible to plough more land unless they get more assistance. It is impossible, so far as I know, to get further assistance. We are told we can get soldiers, but they are by no means satisfactory. Sometimes they are satisfactory and sometimes they are not. We are also told that we can get women. That is an extremely difficult thing to do. I have been trying to get women for. some months, and I got so far as having an inspection, but beyond that I have got no further. Even if you do get women it is not possible for them to do more than the lighter work about the farm. Therefore, on every ground, it is absolutely essential that no more men should be taken from agriculture, especially skilled men. In addition—I admit I have not got it in my Amendment, because I drew the Amendment hurriedly—there should also be some sort of exemption for men such as blacksmiths and men who repair agricultural machinery and go about with threshers. I hope that the Government will not only accept my Amendment, but, later on, will consider words which will bring in those classes. The right hon. Gentleman has already said, as I understood him, with regard to those men who have been already exempted by war agricultural Committees, that at present he has power to take them away, and therefore the Committee may trust him that when the power is extended, as it is under this Bill, to include men who have been exempted by tribunals, he will act in the same way and not take them away. My answer, if I have not misrepresented the right hon. Gentleman, is that that is no reason why he should not accept my Amendment. The Amendment only proposes to do that which he tells us he is going to do. But there is a very strong reason why the Amendment should be in the Bill. My hon. and gallant Friend the Member for Blackpool told us that it was quite possible that the right hon. Gentleman may not be here in a short time, indeed in a few months. Ministers come and go. We have a good many examples of the changes that are constantly taking place. We might have an election, we might have a totally different set of Ministers on that bench, and men whose views did not agree with those of the right hon. Gentleman. In addition, it is possible, though I do not say that it is likely, that the right hon. Gentleman himself might change his mind, and then all these assurances would go for nothing. As I have said over and over again, and as all Members of this House who have been hero for any length of time will agree with me in saying, there is no use in taking the assurance of the Minister in charge of a Bill as to how lie is going to carry it out. I do not say that the Minister is not actuated by the most honourable feeling and that he will not carry out his undertaking if it is possible to do so, but that is not sufficient. Circumstances arise either by a change of Minister or a change of opinion of the particular Minister who gave the assurance, and I have noticed, over and over again in this House, that it has been said, "Possibly something of that sort may have been said, but it is quite impossible now to carry it out." Therefore, the only safeguard we have is to insert an Amendment in the Bill. Possibly there was some idea that this Bill should go through without any Amendment, in which case a Report stage will be avoided. But I understood the right hon. Gentleman just now to say that he was prepared to accept any Amendment which would not interfere with his power to get the men who are requisite for the Army. I should be the last man to suggest anything of the sort; I would desire to assist the Bill in its progress through the House, but no one can deny that, at the present moment, agriculture is just as important as the Army. I am not at all sure that the War will not be decided by the question of food, and not by the question of men. However that may be, it cannot be denied that it is the most vital question of the moment and that we cannot afford to play with it in this House. Therefore, I trust that the right hon. Gentleman will accept my Amendment.I desire to support the Amendment. It is absolutely essential that not a single man more shall be taken from agriculture. The President of the Board of Agriculture has told us, and it is the case, that the whole of the arable land of this country is full of weeds for want of proper tilling, and the actual yield of agricultural land is considerably less than it should be, owing to this want of cultivation. That is clearly due to want of men and the want of men only. The right hon. Gentleman the President of the Board of Agriculture now says, "Although your land is so badly cultivated, although you are suffering from want of labour, we call upon you to put under the plough another one-ninth part of the best land of the country. We call upon you to supply another 2,000,000 acres for growing corn." The farming industry are responding to that and responding well, but I would ask any hon. Member to consider how possibly can that be done when we have this great shortage of men. The thing is quite impossible. We must continue to have every man who is now engaged in agriculture and kindred pursuits. I agree with what the right hon. Member for the City of London has said. We do not accept the assurances from Ministers who happen to be in charge of a Bill. On behalf of agriculture, so far as I can speak for it, I take a most serious view of the procedure of placing agriculture and its needs under one single individual, whoever he may be. I have very little knowledge of the right hon. Gentleman who is in charge of this Bill, and of what his experience may be, but I understand that he has no knowledge at all of agriculture, and I dread the prospect of having this great industry put under the arbitrary will of a gentleman who is totally unacquainted with its needs or its facts. I speak with some experience. We as farmers have had some experience of our industry being put under the charge of a coal-owner. We have seen what has been done by the present Food Controller. He has had the absolutely unlimited powers of a dictator in the orders which he issues. He consults whom he pleases, and no sooner does he make an order than the article whose price he is controlling disappears from the market. Even when he came to control rabbits the other day, within twenty-four hours after the Order was made—
We really must not diverge into the discussion of other subjects.
I am not going to discuss the merits of the Food Controller, but I suggest that I was in order in this way in showing that the way in which he has exercised his uncontrolled power enables us to form a judgment as to how similar autocratic powers will be exercised if they are put at the disposal of the right hon. Gentleman in charge of this Bill, or of any other Minister. Members who are engaged in agriculture as farmers themselves, or who are connected with the land, view with great disquietude the prospect of putting such unlimited powers into the hands of one man, so far as agricultural industry is concerned. As has been pointed out, when there is this great shortage of men, what need is there of the Bill in its application to agriculture? But if there was this shortage even before this recent Order as to the two million extra acres which are now to be ploughed was issued it is ineffective. If you exclude agriculture from the Bill it shows that the House is determined that those engaged in agriculture shall be encouraged, and that the production of corn shall not be hindered. If every farming hand employed in agriculture is liable to be called up it will cause great disquietude and great loss of time to the individuals, and to the farmers concerned, and it will not succeed in getting any men into the Army except by a much more counterbalancing loss of the men engaged in the production of food. For these reasons, so far as I can speak for agriculture in my Constituency, of which I have a considerable knowledge, I desire to support the Amendment.
I desire to support the Amendment of the right hon. Gentleman the Member for the City of London. More than one allusion has been made this afternoon to a question which I put to the Prime Minister to-day and to the very unsatisfactory reply which was given to me by the hon. Gentleman representing the Air Board. The question to the Prime Mininster was whether he was aware that contractors engaged in the construction of aerodromes in rural districts were taking men from the land, and whether he would take steps to prevent that in view of the great importance of the increased production of food at the present moment. Allusion has been made in two previous speeches to the fact that in the earlier part of the War agriculture was drawn on very freely for soldiers. The War Cabinet then put a stop to more men being taken from the land. But it is poor consolation to farmers, for whom I speak, and who have been carrying on for the past two or three years under great difficulties, that they are now having their men taken from them for this work. The aerodromes to which I allude are in the. district of which I have knowledge. Two aerodromes are now being erected there, and the contractors who have charge of the work draw as freely as they possibly can upon agricultural labour in that district. The men are tempted to leave the land by the offer of a very high rate of wages. In one particular case motor lorries are sent to the villages for the men, who live some miles distant from the aerodrome, and they are taken back in motor lorries at night. The right hon. Gentleman (Sir F. Banbury) alluded to the fact that the farmers can apply for soldiers or for female labour. I have had some personal experience during the last few years of both, and I can say that the soldiers I have had have done most useful work, and I have been more fortunate than the right hon. Gentleman opposite in having been in a position to employ several ladies, who have also done excellent work for me. But anyone with experience of the subject knows that however willingly these soldiers and ladies work, and however obliging they are, they do not take the place of men over military age with lifelong experience of farm work. The right hon. Gentleman referred to the urgency of this question, and I can assure him that in my district, which is largely an arable district, the farmers have, I believe, done their duty, as well as anyone in the country, by ploughing up the grass lands. They are very shorthanded now, and any men taken now for military service from the purposes of agriculture would be a, most serious matter in regard to the food production of the country.
May I venture to commend the principle of this Amendment to the attention of the Director of National Service? I do so from no sectional interest at all, nor with any idea of benefiting the farmer, or those who have to live upon the land, or to increase the profiteering of any section of the community. I commend the Amendment solely because of the need which exists in regard to the question of food production, which, in my judgment, is the most vital matter that concerns us to-day. I had an opportunity this morning of going over the Army and Navy Stores, and I took occasion to look through the food departments there. The Army and Navy Stores supply a fairly wealthy clientèle, but in the departments through which I went I found notices up, "No meat," "No butter," "No tea," "No margarine." These are four essential commodities, which are ticketed in this way at the stores, and these articles of food could not be obtained this morning. As I stated, the stores supply fairly wealthy customers. But what must be the conditions in the poorer districts We want to urge this question on the Minister of National Service, and I do not bring this matter forward simply that the farmers should make profits, but solely on the ground of the supply of food to the people of this country—a question which looks to me to be getting more serious every day. Honestly; I do not know what is going to be the position, but I hope the Government have some plan or, if I may so put it, something up their sleeve, to deal with this vital question. I am afraid that we are drifting into a somewhat dangerous position in regard to food. I do not know what the Government have in their minds, but I would point out that if the position is anything like what it has been in the last two weeks it may become a menace and a danger. This is not a new topic with me; I have been at it for a year and a-half, and when my hon. Friends say that I do not want to get men into the Army I would like them to read the chapter of Carlyle's "Revolution," which begins with the bakers' shops, and which shows what the effect of the food question was in Paris at that time.
I ask the right hon. Gentleman, if he cannot accept the Amendment of the Member for the City wholly, whether he will in some degree meet it? What the right hon. Gentleman should do is to afford the farmers some assurance that will give them confidence that they will be able to carry on their industry at a profit. They have had profits within the last two or three years, no doubt, but the cost of production has gone up to such an extent,. and the difficulties of production are so great, that I assure the Minister of National Service that, now this question has been raised, it will be necessary to give the farmers confidence, especially when they are called upon to increase the acreage under cultivation. In reference to that I am somewhat sceptical—indeed, I am certain that it will not be done; there will not be 3,000,000 new acres of land brought under cultivation in Great Britain this year; that is as certain as I stand at this box now. I presume that the Minister of National Service knows that in so far as agriculture is concerned, it has already been drained. There were, before the War, about 1,000,000 men engaged agriculture. We all knew there were too few men in agriculture then. There has been taken from the agricultural industry, or there has been lost to that industry, between 300,000 and 350,000 men. Yet you expect the agriculturists to produce 50 per cent. more food with 30 per cent. less labour. It cannot be done. Therefore I put this point quite impartially to my right hon. Friend opposite, having no sectional interest whatever to serve—I simply say to him, "Will you reassure agriculturists of the country with regard to their labour? The Government Departments are acting, I think, very rashly and without sufficient thought in regard to agriculture. I saw in one of the newspapers this morning that something like 230 Orders respecting agriculture have been issued. [An HON. MEMBER: "One hundred and thirty!"] The paper I read said 230. At all events, these Orders have a very depressing effect; they are annoying, they are irritating. I am perfectly certain that the Minister of National Service, who, I am convinced, has the instincts of a real statesman, would not exercise these powers, where our food production is concerned, without consulting the President of the Board of Agriculture and his colleagues. The Food Controller must have acted in this matter without consulting the President of the Board of Agriculture, and it is, therefore, that we desire some assurance that the steps which are contemplated will not be taken where food production is concerned without consultation with, and the concurrence of, she President of the Board of Agriculture. If the right hon. Gentleman does not wish to accept this Amendment in its present form he might consider the insertion of some words to meet the point whereby men will not be taken from agriculture without the consent of the Board of Agriculture. That, at any rate, would leave power in the hands of the Government. I throw that suggestion out, while again assuring the right hon. Gentleman that it is not a question of private profit, but it is the question that unless agricultural production is stimulated there will be very great danger within a measurable distance of time of a very large number of people in this country being without food altogether.It is hardly necessary for me to assure the Committee of my very great sympathy with the position of man-power in agriculture. I know how difficult the position is, and I do not think, from the point of view of the Army, it would make any difference if we were to accept the Amendment of my right hon. Friend the Member for the City; but it would introduce very considerable difficulties, and I would be much more prepared to meet the point raised on a general basis, which would perhaps go a good way to meeting the various points which we have had raised this afternoon. I imagine that those who are interested in agriculture would feel perfectly safe if we were to insert a proposal that any Order under this Bill shall be laid on the Table of the House, and in that way I think it is possible, perhaps, to meet practically all the difficulties which have been raised in the course of the Debate. I shall read the form of words which I suggest to be inserted in Clause 2 as a new Sub-section:
"(6) An Order under this Section (other than an Order applicable to an individual certificate) shall be laid upon the Table of both Houses of Parliament as soon as may be after it is made, and if either of these Houses within fourteen days after the Order has been so laid; presents an Address to His Majesty praying that the Order, or any part thereof, shall be annulled. His Majesty in Council may annul the Order, or such part thereof, and it shall thenceforth be void, without prejudice to the validity of anything done in pursuance thereof: Provided that Section 1 of the Rules of the Publication Act, 1893, shall not apply to an Order made under this Section."How will that work when the House is not sitting?
The experience during the War has been that there have not been very long intervals during which the House has not been sitting. I realise the interest, of the speeches which have been made with reference to agriculture, but this provision would apply to every occupation, and therefore would include agriculture.
I am rather inclined to agree with the concession which the right hon. Gentleman has made, but I do not know whether hon. Members interested in agriculture feel that the offer is one which should be accepted.
I think that the right hon. Gentleman has been wise to accept the recommendation made. So far from thinking that there will be any difficulty with the right hon. Gentleman, I have always looked upon his appointment for recruiting, both for the Army and for the trenches and industry, as a safeguard on which we are justified in relying. I do hope that in administering this Bill the right hon. Gentleman will go further and will protect agriculture against other Government Departments which are doing their best to create difficulties such as have been described by my hon. and gallant Friend. At the beginning of the War the difficulties were between agriculture and the Army. I do net think that is the case now; the difficulty now is between agriculture and other Departments which are carrying on works at aerodromes, cutting of timber, and so forth. I hope he will try and protect us against those.
I am very glad that the Director-General has made this effort to meet a widespread feeling. I quite agree there would be some difficulty in selecting one industry of vital importance, though it is such as agriculture, and putting it into a separate category in this Act. For example, an Amendment might be moved to include merchant shipping, and another might be moved to include ironstone mining, and there might be other cases. I think the Minister in charge of the Bill is well advised to deal with this matter in general terms, and that the Amendment he now forecasts will go far to satisfy the feeling that was expressed in the Committee on an Amendment moved earlier by the hon. Member for North-West Lanarkshire (Mr. Pringle). This Amendment will at all events bring these Orders within the cognisance of Parliament, and will leave the ultimate control with this House or with the other House. Any Address which this House might choose to present against such Regulations would have the effect of annulling the Order of the Minister. I should have preferred either in substitution or, preferably in addition, that there should have been constituted an Advisory Council, representative of Parliament and of industries, to act with the Minister in framing these Regulations, because they have to be considered from day to day and from week to week, and it is more probable that effective control would be exercised if the Orders were plastic before they were actually made and published. However that may be, I think the whole Committee will thank the right hon. Gentleman for the conciliatory spirit he has shown and for recognising the force of the objection to the conferment on any Minister of despotic and uncontrolled power. The exercise of despotic powers conferred on other Departments has not been so completely successful hitherto as to lead the Rouse very readily to repeat the experiment. I have no doubt my right lion. Friend will be ready to withdraw the Amendment, arid I am sure that the con- cession made by the Minister will greatly facilitate the remaining stages of the Bill.
Amendment, by leave, withdrawn.
I beg to move, at the end of Sub-section (1), to insert the words "Provided that this Section shall not apply to any man who has attained the age of forty-one years before the passing of this Act."
The right hon. Gentleman will at once see that there is something to be gained and very little to lose by the acceptance of this Amendment. Admittedly you want men for the Line and for the trenches, and for those purposes you do not want men of the mature age of forty and upwards. The right hon. Gentleman has told us that he intends to proceed by the calling up of classes by certain ages, beginning with the younger years. I imagine that there must be quite a large number of men of forty who have been exempted on occupational employment, and I think it would be not only disturbing to them, but to industry generally, if those men were called up, or if they were to be left in doubt as to their position as to whether the exemption would be taken away. I, therefore, hope that the right hon. Gentleman will accept the Amendment.In view of the modification of the original proposals, it seems to me unnecessary that there should be any limitation of this sort inserted actually in the Bill itself. It would appear to me to be simply introducing unnecessarily a complication of wording without having any effect in protecting men of that age from military service.
Would the right hon. Gentleman indicate whether he intends to call up men of that age? The right hon. Gentleman makes short speeches rejecting Amendments which are quite reasonable, and think it would make a good deal of difference as to our attitude towards the Bill if he would tell us what are the intentions of his Department as to such cases. Does he really intend to call up men or forty-one or not? If he does not, then it is no: necessary to have an Amendment.
In practice T am assured that if a man is forty-one before being called up, although he was not forty-one on the appointed day under the Act, although he has not the right, he is not in fact called up. If a conscript does not receive his calling-up notice before he is forty-one, then he cannot be called up. If my hon. Friend's Amendment were accepted it would make it statutory for everybody, and I think that would be far the better way. I am not in favour of allowing the man who has been, say, for two years in a protected trade, and who has been able to get to the age of forty-two because of that protection, to be placed in a better position than the man who has had to go into the Line because he was within the age on the appointed day.
I am afraid there must be some misunderstanding on the part of my hon. Friend, for which I have no doubt I am responsible. In conversation with him to-day I made a remark which has evidently been misunderstood. The position of the attested men and of the unattested men, so far as age limitation and liability for service, is precisely similar; there is no difference between the two. At the present time any unattested man who is forty-two, and whose exemption lapses, is called up for service. The attested man is dealt with precisely on the same basis as the unattested man.
One has a statutory right and the other gets it in administration.
But the statutory right of the unattested man is not to remain in civil life if he has managed to cross his forty-first birthday without being called up. The attested man is treated as if he were an unattested man so far as dates are concerned.
Suppose the case of a man who has never got exemption and who was near the limit of age, and that they neglect to give him a calling-up notice, it may be by accident, and that the man gets over forty-one. I understand that the unattested man obtains a charter by that neglect which gives him the right to exemption for which he does not go to a tribunal to ask. He has got a perfect statutory answer that he is not liable while the attested man has not.
That does not come under this Bill. The man who passes the age of forty-one remains liable to be called up so far as the Military Service Acts are concerned. Even if he were now approaching forty-three, as a single unattested man, he might be called upon to serve, and he would still, so far as the law is concerned, be liable to serve. The military age is not limited to forty-one, but is moving forward.
Are we to understand that it is proposed to call up men of forty-one or forty-two? It is important, particularly for these men, to know that, and I would advise my hon. Friend, unless he gets an assurance that the Government do not propose to do so, to go to a Division. It seems to me to do so would be merely creating trouble, disturbing industry, and would not add any military valour to the forces. No one will suggest that that is of any real use to the winning of the War to call up men of forty-one and forty-two. [An HON. MEMBER "Why?"] Because they are far too old to be any good. They would have been called up long ago if they were of any use. This applies to an extremely small number of men and a tiny little class all of whom are now occupied at home. Everyone knows that men above forty are of very little use in the trenches.
Have you any experience?
I do not want to put my experience against that of the hon. and gallant Gentleman, but I have endeavoured to make myself acquainted with the opinion of others who have engaged in warlike operations, and I am told by a good many people that men of forty-one and forty-two are comparatively useless for modern warfare. It is the young men who are wanted. The House originally intended to call up men up to the age of forty and now these men of forty-one and forty-two are going to be called up or are liable for service. I should have thought it was a very small matter, and I am sorry the right hon. Gentleman does not see his way to accept the Amendment.
Amendment negatived.
I beg to move, in Subsection (2), to leave out the word "whether" ["whether granted by a tribunal"]
There will be a consequential Amendment, and if my proposal is carried the Clause will read: "This Section applies to any certificate of exemption from the provisions of the Military Service Acts, 1916 and 1917, whether granted before or after the passing of this Act and granted by or under the authority of a Government Department." The Amendment would exclude from this Section the withdrawal of exemptions where granted by tribunals. It is quite obvious that the exemptions which the Ministry of National Service has in view and which it is proposed sooner or later to withdraw are, the great bulk of them, those issued by Government Departments for rather large classes of munition workers, and it is for the purpose of dealing with these large classes that this Bill is introduced. There are, of course, individual cases of similar workers where the exemption has been granted by a tribunal, and if these words are included these individual eases of tribunal exemptions will be exempted. First of all let me point out that every case should be judged on its individual merits. The cases I am referring to are cases where the local circumstances are peculiar. It is not desirable, I think, to sweep away these individual cases of exemption granted by tribunals. If you do so you will certainly not be doing justice in these cases, and you will also cause a great deal of injustice and inconvenience in the locality. I suppose each one of us in our own localities, especially in rural districts, must know of individual men the retention of whose service is of the greatest importance. They may be machinists or fitters looking after agricultural machines. I myself have had two cases of this nature under my attention, and I suggest that they need to be individually considered. If they are so considered they should be considered in connection with the tribunal and the machinery which the tribunal has. I do, therefore, very earnestly hope that the Minister of National Service will accept this Amendment. I do not believe he is going to gain a very great number of men by keeping in these words, but on the other hand, if he attempts to carry out the provision as it stands it will involve a great deal of work, it will necessitate individual inquiries all over the country, and consequently I am in no way preventing the Bill being made as efficient as possible, but am making it easier to work by depriving it of these grounds for suspicion, difficulty, and discontent. I trust the Amendment will, therefore, have sympathetic and favourable consideration.The Amendment of the hon. Member appears one of substance, but I think he has put it in too wide a form. I quite conceive it may be necessary to review cases of individual exemption granted by the tribunals, and I think this Committee ought to be in a position to know at this stage what the attitude of the Government is towards the future of the tribunals which may have to deal with these things. May I ask the right hon. Gentleman to consider this point? After this Bill is passed, wherever a case is made for exemption on occupational grounds before the tribunal, the representative of the Ministry of National Service will be present to urge his case; and if the tribunal decides it is a case for exemption on occupational grounds, it may happen that on the following day the Director-General of National Service may see fit to withdraw the exemption. It appears possible, therefore, that the functions of the tribunals will, to a very large extent, be taken over by the Director-General of National Service. That really raises the question of whether there is to be any limit at all upon the cancellation of certificates of exemption granted by the tribunals. Is it contemplated that these cases are still to be allowed to go to the Appeal Tribunal, and if necessary to the Central Tribunal before the Minister of National Service will decide on the cancellation of a particular exemption, or is he going to consider each case on its merits as it arises on the representations of his representative before the tribunal? I feel quite sure, unless some explanation is afforded upon this point, the tribunals will have the feeling that their functions will be so cut down to dealing with minor cases of exemption that come before them that it has become a duty which ought no longer to be thrown upon them. In that respect there may be an element of misunderstanding throughout the country which it is desirable to remove at the earliest possible moment. For that reason I desire to press the right hon. Gentleman to say what is to be the future position with regard to these local tribunals and whether it is intended by him to exercise his power in every individual case that may come before. the tribunals after the passing of this Bill.
I agree it is undesirable that there should be any misconception on this matter. With regard to the substance of the Amendment I think the hon. Member for Somerset (Mr. King) will agree that after all, if the power of recalling these exemptions on occupational grounds is to be used at all, that power must apply to exemptions given on occupational grounds by tribunals just as it must apply to other exemptions on occupational grounds. After all, the tribunals themselves have acted, or ought to have acted, with regard to occupational exemptions on the guidance which was provided for them by the published list of exempted occupations. Many hundreds—I suppose many thousands of exemptions—on occupational grounds were given by the tribunals just as I have no doubt a great many other exemptions on occupational grounds were given through Departments or otherwise. I am afraid if we are going to deal with the matter from an occupational purview of the situation then it is quite impossible to consider whether the agency that acted in the matter was the tribunal on the one hand or the Department on the other. I am afraid the Director-General could not very well do without the words which it is suggested should be omitted. Now I come to the point put by the hon. Member for Lanarkshire (Mr. Millar). I think he had in his mind the effect of Sub-section (4).
That is so.
But the point which he raises would never occur once the Order has been issuéd.
My point is this. Where you have a certificate granted which applies to a class it will be perfectly plain it would cover all men who might fall within that class. But in the case of the individual exemption you are dealing under a Sub-section which defines the occupational ground. There may be a great variety of circumstances affecting the individuals. You may have circumstances peculiar to the health of the individual, and you may have decisions given by tribunals with respect to particular individuals, who may be put to work of national importance in some other direction than the Army. I want to know what is to be the position of the tribunal with regard to these particular individual cases?
The ground of exemption is either occupational or it is not.
For the individual or class?
It is occupational, and occupational exemption equally affects the individual as it does the class. The ground of exemption is occupational and is not individual. If the exemption has been given upon grounds which are peculiar to the health of the individual, and not arising out of occupational circumstances, then that case will not fall under this Act at all. This Bill merely deals with exemptions on occupational grounds and with those alone. I have said that more than once.
There are some occupations in which there are very few individuals concerned. There are occupations in which the circumstances are special which would apply to particular cases.
May I suggest the case of a man who would never get an occupational exemption were it not for his health? A.B. conies along and fails to make out a complete case for occupational exemption, but, having regard to the fact that he would be of no use for the Army he is given occupational exemption. Am I to understand that the exemption in that case is to be swept aside?
8.0 P.M.
It would certainly be swept aside so long as the exemption was on occupational grounds. Otherwise it would not fall within this Bill. It may be there are cases which upon investigation would be found to be partly affected by individual considerations which were not solely occupational, and a case of that sort could only be covered by the power of exemption which is given in Sub-section (3) of Section 2. But I think the hon. Member for Lanarkshire will agree, first of all, that where the Order has been made the difficulty he suggests never can occur.
If it applied to a class.
Certainly; always applying to a class in the sense that the Order applies to an occupation. Then, if it is. the other case, there is no Order. In that case, no doubt, an Order might follow any particular application or number of applications. That is a chance that nobody can provide against, and it is possible that it might occur. If it did, then the exemption granted before the Order would be wiped out—
Before an appeal to the Appeal Tribunal?
If it happened that the Order came before the appeal that result would follow also, but it comes down to a very simple matter—either there is an Order or there is not, in which case the exemption may be wiped out if the Order is made at a subsequent date. The only case in which it might occur is where you might have an exemption which had been affected by other considerations. That you can only meet by making an exception in the Order.
It is provided for in Sub-section (5), where the definition of occupational grounds is,
"Granted wholly or partly on any of the grounds specified in paragraph (a)." There it might be partly occupational and partly ill-health.I would point out to the hon. Gentleman that I think he has been wandering over Sub-sections (3), (4) and (5), and has not been dealing with this Amendment. I have Amendments before me dealing with each of those points as we come to them, and I think it would be much more convenient to take them as we reach them.
With great deference, Mr. Whitley, I have endeavoured to keep within your ruling, but I submit that it is relevant to raise this question.
I did answer the question, Mr. Whitley, but with the knowledge that in my opinion the question the hon. Gentleman was asking had nothing in the world to do with the Amendment, which is to leave out the reference to the tribunal in Sub-section (2). Without withdrawing anything I have said I shall not carry it any further till the subsequent points are reached.
Amendment negatived.
I beg to move, in Subsection (2), to leave out the words, "and also applies to any certificates so granted on such grounds to a man who has voluntarily attested, notwithstanding that the certificate has not statutory force."
Here we come to the old question of the voluntarily attested man—his ready sacrifice, and how we ought to treat it. I do not think we ought to treat him as a conscript. I think all along the voluntarily attested man ought to be treated differently to a conscript, and I invite the Minister of National Service to treat him differently under this Bill by refusing to rope him in as a conscript in this way. I, therefore, very briefly appeal to the Minister in charge of the Bill to give favourable consideration to this proposal.Though I think I may say I share to the full the sympathy with the attested man which the hon. Member for Somerset (Mr. King) has expressed, I find it quite impossible to agree to this particular Amendment because it would have the effect of withdrawing from the purview of the Act very nearly three-quarters of the men who will be affected by it, and in that way this Amendment, if adopted, would go far to defeat the purpose with which the Bill has been introduced.
Amendment negatived.
I beg to move, in Subsection (3), to leave out the words, "either to individual certificates, or."
This Amendment raises the same question that we have had before, and would make the Sub-section read: "An order under this Section may be made applicable to certificates granted to any class or body of men," etc. It is the question again of the individual case as against the class, and it provides another opportunity, from a slightly different point of view, for the Minister to reconsider this question. I put it to him that he cannot deal with these individual cases without using the machinery of the tribunals, and a certificate of exemption granted by a tribunal can always be withdrawn. His representative at a tribunal could always apply to the tribunal to withdraw or vary the certificate of exemption given, and it is only by the same machinery that he proposes to deal with this that he can deal with it under this Bill. It therefore seems to me that these words "either to individual certificates, or" could very well be left out without really impairing the ability of the Minister of National Service to call up any men that he would want, and who could be spared. It does not deprive him of a single man. It is only a question of machinery, and it is going to do away with that sense of sweeping away wholesale, by a large order, individual exemptions which have been granted on individual merits. As everybody knows, I have not the profound belief that all tribunals everywhere have done right. I think there arc vast differences amongst them. I think there are a great many—especially among the local tribunals; less so among the Appeal Tribunals—local tribunals which have undoubtedly given very unsatisfactory certificates, but in this case I believe the Minister of National Service could very well omit these words, that he would lose nothing, and that he would remove a very possible cause of friction and difficulty if he did so.I would appeal to the Minister of National Service if he wishes to pass a fair Bill to realise that he might very well accept this Amendment. If you really mean to take occupational grounds in a broad sense there can be no occupational ground of any importance that cannot be brought within a general Order. To have these words in, allowing for the revision of individual certificates of exemption by a Government Department, is going very near to defeating the original object of the Bill, which was to deal only with occupational grounds. I think a Government Department has no right to say, first of all, "We propose to deal with men who are in certain occupations, and by Orders which have been hid on the Table of the House," and then to say, "If there happens to be this or that individual who, we think, ought to be conscripted but whom we cannot bring within the Order, then we are going to deal with him as an individual." These men have been exempted after what purported to be—and what was, I am glad to think, in most cases—a thorough inquiry into their cases—to an extent that can never occur if this is passed—by a body of men who had regard to the merits of their individual cases. As the hon. Gentleman opposite (Sir H. Nield) has stated, they very often give their decision on composite grounds. If you leave these words in you will allow a lot of hardship and injustice to prevail, and will give an undue power to a Government Department, which Departments very often act without due consideration of the individual cases concerned. I think these are very dangerous words, and I appeal to the right hon. Gentleman, if he wishes to act fairly, to accept this Amendment, which cannot affect the Bill.
I think this Amendment raises very clearly the distinction I have been trying to bring out in regard to the two classes of cases which are dealt with under the Bill. The Lord Advocate has based his argument throughout on the fact that this Bill is purely one dealing with occupational grounds, and, if that be so, I cannot see what occupation can be taken without including the individual certificates altogether, because, according to his argument, in every case you will grade men according to their occupations, and will therefore be dealing with classes—whether they be small or large—according to occupation. Now we have in the Bill the words "individual certificates," which are now sought to be excluded by the Amendment. I think the Committee is entitled to know what the individual certificates are intended to be which are distinct in character altogether from the occupational certificates granted to classes. I do not want to trespass again on Sub-section (5), but, with all respect, Mr. Whitley, I do submit that I am entitled, in dealing with the question of individual certificates, to bring to your notice the fact that these individual certificates, which must have reference to occupation, must fall within that definition, and that therefore I am entitled to quote the definition to the Committee. With your permission I shall do so. The definition of "occupational grounds" is that contained in Sub-section (1) of Section 2 of the original Military Service Act, namely,
"That it is expedient, in the national interests, that he should, instead of being employed in military service, be engaged in other work in which he is habitually engaged or in which he wishes to be engaged, or, if he is being educated or trained for any work, that he should continue to be so educated or trained." That raises, of course, a very wide variety of possible circumstances in which a man might accept National Service; but then, as the hon. Gentleman (Mr. King) pointed out, the certificate which is issued on occupational grounds has to be regarded as composite. It may have reference to ill-health, to hardship, to conscientious objection, and it cannot for a moment be said, therefore, that these can all be treated, as the Lord Advocate stated they might be treated, on the basis of certified occupations pure and simple. You get the personal question arising at every turn, and as you have that personal question arising before the tribunals you may have many cases coming before the tribunals in which they will be debarred from dealing with them if the Minister of National Service is about to issue an Order. We are entitled, at least, to ask the right hon. Gentleman if he will be kind enough, in the outspoken manner in which he has sought to bring information to the House, to give us some information as to what cases the individual certificates are intended to cover. Are they numerous, and, if so, what will be the effect upon the tribunals if many of them come before them, subject to the right hon. Gentleman's power to cancel them afterwards?I feel that there is a very great deal to be said for the question raised by the hon. Member for Somerset in this matter. There is no desire or intention, as has been pointed out on several occasions from this box this afternoon, to deal with this power in a harsh or discriminating manner; and if the hon. Member will be prepared to withdraw his Amendment, I will be prepared to move the insertion, after the words "individual certificates," the following words, "granted by Government Departments," because I think we should retain the right of dealing with individual cases where a certificate has been granted by a Government Department.
That Amendment, I think, covers all the points I raised this afternoon, together with the other Amendments the right hon. Gentleman has promised.
I am very much obliged, and I beg leave to withdraw my Amendment.
Amendment, by leave, withdrawn.
Amendment made: In Sub-section (3), after the word "certificates" ["either to individual certificates"], insert the words, "granted by Government Departments." —[ Sir A. Geddes.]
I beg to move, in Subsection (3), after the word "certificates" ["those men of individual certificates"], to insert the words, "or to certificates granted to men of any class or description specified in the Order."
This is a purely drafting Amendment. It has been pointed out that this paragraph might be supposed only to apply to certificates in certified occupations, and these words make it quite certain that that difficulty does not arise.Amendment agreed to.
Further Amendments made: In Subsection (4, a), after the word "grant" ["for the grant of a certificate"], insert the words, "or renewal."
After the word "granted" ["no certificates shall be granted"], insert the words, "or renewal."
At the end of paragraph ( b), insert the words, "and no such application if already made shall be proceeded with, and no certificates shall be granted on any such application."—[ Mr. Beck.]
:I beg to move, after the words last inserted, to add the words, "Any man, whether he has or has not attested, whose certificate of exemption is withdrawn by an Order under this Section shall be entitled to make an application to the appropriate tribunal for exemption on any of the grounds mentioned in Section 2 Sub-section (1) of the Military Service Act, 1916, other than occupational grounds, provided the application is lodged with the tribunal within fourteen days of the date of the notice withdrawing his certificate, or within such extended time as the tribunal may allow, and the Regulations or instructions relating to the procedure of tribunals in force for the time being shall, so far as circumstances permit, apply to any such application."
I think there is some substance in this Amendment. We should make it perfectly clear, upon. the face of the Bill, that these men, from whom occupational certificates have been withdrawn on the ground that they are no longer necessary, shall have opportunities of presenting within a definite time their appeal to the tribunal on other grounds. At present in the there is a somewhat cryptic reference in these words (paragraph b)— "no application shall be made by or in respect of a man whose certificate comes within the terms of the Order for the renewal of the certificate except on grounds which are not occupational." I much prefer the English way of stating definitely and clearly, as was done in the Review of Exceptions Act, a man's right to be re-examined. I do hope this will be accepted. If it is intended that the words in the Bill, to which I have referred, give this right, by all means let it be definitely stated. There are many men who will have very strong grounds for coming before the tribunals afresh—grounds which were never considered, or were brushed aside, because the best card was put down first, namely, that his occupation was a certified trade, or something of that sort, and he was given exemption on that ground and other grounds were never gone into. It would be manifestly unfair, therefore, if he were not given an opportunity within a definite time of appealing on other grounds.The hon. and learned Gentleman asks us to do nothing more than to make assurance doubly sure. He says that is the English way of doing it. I rather think that the fairest use of the language is not to say a thing twice if you have stated it clearly once, because then you are apt to find that there is something inconsistent where there is really no inconsistency. As the matter stands at present, the only restriction that there is in the Bill against applying for a certificate of exemption is that you are not to apply again on grounds which are not occupational, or other grounds, in a certificate given on occupational grounds. The result of accepting what is proposed by the hon. and learned Gentleman would be merely to repeat what the Bill contains already. There is nothing in the world to prevent a man applying for exemption upon grounds which are not occupational at all; therefore it is very much better to leave what we have said clearly once than to endeavour first affirmatively and then negatively to say what we have already said to amend the Clause, and so leave under unintentional obscurity what we have already declared clearly.
That is not quite the sort of criticism I expected from my right hon. and learned Friend. It is not affirmatively and then negatively put down. My right hon. and learned Friend forgets that under the Regulations which govern the original Appeal Tribunals, limitations of time are imposed. The only grounds upon which a subsequent application may be made are grounds of new circumstances. I am speaking of what you, Sir Donald, are perfectly well aware—no man more so—you must have new circumstances before you can bring a new claim. What is this? It is not a new circumstances; therefore it will be out of time. I am perfectly con- vinced, from the experience of nearly two years now, that unless some such words—I do not ask for the acceptance of my words particularly—
I am quite unconvinced, but at the same time one may be wrong. If I were to give an undertaking to consider the matter, perhaps that will meet the case of the hon. and learned Gentleman.
Certainly; and under those circumstances I beg leave to withdraw.
Amendment, by leave, withdrawn.
I beg to move, in Subsection (5), to leave out the words, "or partly" ["granted wholly or partly"].
I take it it is obvious that many certificates of exemption lave been granted originally on various grounds. If a man had "other grounds" besides occupational grounds, either the occupational grounds or the other grounds may have been thrown in as more or less unimportant. But they may have been of vital importance. The words or other grounds "may have been sufficient to give him exemption. Therefore, I think that it would be unfair, and not right or appropriate to take away certificates of exemption from those men who have had other grounds of exemption besides that of occupation.One appreciates and sympathises with the points of view which have been put forward, but I think perhaps the hon. Member for North Somerset has not quite realised our position, and how this will work out. If those individuals who were affected by the Order were in fact entitled to exemption. on grounds other than those of occupation, it would be still open for them to apply for exemption on those other grounds. Whereas if the words "or partly" were left out we would have no. chance under this Bill for the reconsideration of cases where the real grounds for intention were occupational, but where some minor other possibility may be added by the tribunal. The provision in the Bill, if it should be found on reconsideration to be not sufficiently clear, will, as my bon. and learned Friend has just suggested, be reconsidered.
Amendment negatived.
I beg to move, at the end of the Clause, to add the following Sub-section:
"(6) An Order under this Section (other than an order applicable to an individual certificate) shall be laid upon the Table of both Houses of Parliament as soon as may be after it is made, and if either of these Houses within fourteen days after the Order has been so laid presents an Address to His Majesty praying that the Order, or any part thereof, shall be annulled, His Majesty in Council may annul the Order or such part thereof, and it shall henceforth be void without prejudice to the validity of anything previously done in pursuance thereof, provided that Section (1) of the Rules of Publication Act, 1893, shall not apply to an Order made under this Section."Amendment agreed to.
Clause, as amended, ordered to stand part of the Bill.
Clause 3 ( Short Title) ordered to stand part of the Bill.
Bill reported; as amended, to be considered To-morrow, and to be printed. [Bill 123.]
The remaining Orders were read, and postponed.
Whereupon Mr. DEPUTY-SPEAKER, pursuant to the Order of the House of the 12th February, proposed the Question, "That this House do now adjourn."
Question put, and agreed to.
Adjourned accordingly at Twenty-three minutes before Nine o'clock